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2022, 11-15 Study Session Agenda
AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION Tuesday, November 15, 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: Members of the public may attend Spokane Valley Council meetings in -person at City Hall at the address provided above, or via Zoom at the link below. Members of the public will be allowed to comment in -person or via Zoom as described below. Public comments will only be accepted for those items noted on the agenda as "public comment opportunity." If making 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 ROLL CALL APPROVAL OF AGENDA PROCLAMATION: Global Entrepreneurship Week ACTION ITEM: 1. Motion Consideration: State Legislative Agenda — Virginia Clough [public comment opportunity] NON -ACTION ITEMS: DISCUSSION LEADER SUBJECT/ACTIVITY GOAL 2. Susan Nielsen Retail Strategies Annual Update Discussion/Information 3. Mike Basinger Tourism Promotion Area Update Discussion/Information 4. Dan Domrese Petty Cash Process Discussion/Information 5. Chaz Bates Comprehensive Plan Amendments Discussion/Information 6. John Bottelli, Erik Lamb Park Maintenance Contract Discussion/Information 7. Gloria Mantz Balfour Park Project Update Discussion/Information 8. Morgan Koudelka, Erik Lamb Law Enforcement Contract Renewal Discussion/Information 9. John Hohman, Tony Beattie Governance Manual Discussion/Information 10. Mayor Haley Advance Agenda Discussion/Information 11. Information Only (will not be reported or discussed): Finance Department Monthly Report 12. Mayor Haley Council Comments Discussion/Information 13. John Hohman City Manager Comments Discussion/Information ADJOURN Council Agenda. November 15, 2022 Page 1 of 1 Slokane 1all�e 'h roctamattou City of Spokane (Parley, Washington National OECA 31onth cst GCo6a(Entrepreneurship Week WHEREAS, DECA, which began in 1946, was originally named the Distributive Education Clubs of America, known today as an international association of marketing students, which works to prepare emerging leaders and entrepreneurs for careers in marketing, finance, hospitality and management in high schools and colleges around the globe; and WHEREAS, DECA clubs throughout the nation work to instill students with the spirit of enterprise, civic responsibility, and the complex skills needed to assure the America's strength in marketing keeps pace with the vast expansion of technology and the increasingly sophisticated needs of people throughout the world; and WHEREAS, The City of Spokane Valley recognizes the important role that career and leadership education plays in preparing students in our high schools to be good citizens and successful adults; and WHEREAS, The City of Spokane Valley commends DECA in its work to teach students about the importance, opportunities and rewards of free enterprise; and WHEREAS, Local high schools realize that options offered through DECA offer a wide range of high - wage, high -skill, high -demand careers; and WHEREAS, Spokane Valley has many high -quality career and technical education professionals in all types of school settings who are committed to educating our children; and WHEREAS, Global Entrepreneurship week is an opportunity to celebrate DECA and its accomplishments over the last 76 years and to raise awareness of the need and value of preparing students to join in the work force. NOW THEREFORE I, Pam Haley, Mayor of the City of Spokane Valley, on behalf of the Spokane Valley City Council and the citizens of the City of Spokane Valley, do hereby proclaim the month of November as National DECA Month, and I also proclaim the week of November 14 through 20 as Global Entrepreneurship Week and I urge Spokane Valley citizens to learn more about this wonderful and worthwhile organization. Dated this 15th day of November, 2020. Pam Haley, Mayor CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 15, 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 — Adoption of 2023 State Legislative Agenda GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: This document incorporates input and feedback from the City Council's October 18, 2022 review and discussion. BACKGROUND: Following Council direction, substantive changes on the policy statements include: • Updating the Public Safety statement o Condensed the language and added bullet points o Enhanced the controlled substances statement o Added a bullet on funding for the hiring, training, and protection of law enforcement officers • Revising the Housing statement with use of bullet points and added language regarding the impacts of the state energy and building codes • Adding a statement about providing tax relief. The following formatting updates were made in accordance with Council's input: • Photos and graphics were inserted to draw attention and generate more interest • Funding requests were separated from the support requests • The Performing Arts grants were enumerated like the Greenacres item • Color was added to the policy section with Public Safety and Housing items listed first. A special meeting to review the Adopted 2023 Legislative Agenda with the 4th Legislative District and other invited parties is being scheduled for Tuesday, December 6 at 4:00 p.m. Looking ahead, AWC's "City Action Days" takes place on February 15 and 16 in Olympia if you would like to add these dates to your calendars. OPTIONS: Approve the proposed 2023 State Legislative Agenda, with or without modification. RECOMMENDED ACTION OR MOTION: Move to approve the 2023 State Legislative Agenda as presented. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: John Hohman, City Manager; Erik Lamb, Deputy City Manager; Virginia Clough, Legislative Policy Coordinator; and Briahna Murray, Gordon Thomas Honeywell. ATTACHMENT: Draft 2023 State Legislative Agenda Spokane �Valley� 2023 Legislative Agenda 10210 E Sprague Avenue • Spokane Valley WA 99206 Phone: (509) 720-5000 • Fax: (509) 720-5075 • www.spokanevalley.org FUNDING REQUESTS Completing Pines Grade Separation: The City of Spokane Valley requests a $5 million state funding allocation to the Pines Road Grade Separation project. This state allocation will match federal and local funds to fully fund the project. Pines Road is one of the region's key transportation corridors, carrying residential, commercial, and industrial traffic from Trent Avenue (SR 290) across the Spokane River to I-90. This project will provide grade separation at a crossing that 60 trains travel through each day, blocking traffic movements for nearly four hours. It also improves the intersection of two state highways, Pines Road (SR 27) and Trent Avenue (SR 290). SPokadlkw Grant Funding for Greenacres Park Phase 2: The City of Spokane Valley requests that the Legislature fund the following two grants for Phase 2 of Greenacres Park: 1) Washington Wildlife and Recreation Program (WWRP) grant award for $500,000, ranked number 7 of 59 projects; and 2) Land Water Conservation Fund (LWCF) grant award of $1 million ranked number 11 of 25 projects. This project will expand the park to add a tennis court, pickleball courts, basketball courts, a community garden, and add new parking spaces and more. SUPPORT REQUESTS Support for Grants Awarded to the Performing Arts Center: The City requests support from the Legislature to fully fund: 1) a $1,175,808 grant from the Youth Recreational Facilities (YRF) program; and 2) a $1,848,577 grant from the Building for the Arts program for a performing arts center in Spokane Valley. These state grant awards will match private contributions to fund a state -of -the art 59,000 square -foot performing arts center housing a 475-seat main stage, 200-seat flexible studio theater, acting conservatory for area youth and event and business meeting space. Support for Minor League Baseball Stadiums: The City of Spokane Valley joins communities throughout the State to request $24 million to upgrade publicly owned stadiums, including Avista Stadium. State funding will be paired with local funding to upgrade stadiums throughout the state to allow minor league baseball to maintain its strong presence in Washington. POLICY STATEMENTS Public safety is the City Council's highest priority. The Spokane Valley City Council and its residents support a commonsense and meaningful approach to public safety policies that protect lives and property and do not erode trust in government. Examples include: • Make possession of controlled substances an arrestable offense, preferably a felony, and increase funding for substance use treatment programs. • Re-establish a reasonable suspicion standard for when officers engage in vehicular pursuits. • Increase investments in alternative response teams, such as the City's behavioral health and homeless outreach co -responder models. • Increase resources to hire, train, and protect law enforcement officers. REMOVE BARRIERS TO THE CONSTRUCTION OF HOUSING In 2020, the City of Spokane Valley amended its zoning codes to allow high density residential structures within one-half mile of frequent transit stops. Additionally, duplexes and accessory dwelling units are allowed in many residential areas. The City calls on the state to remove other barriers to the construction of housing, including but not limited to: • Revise condominium liability regulations. • Evaluate the impact of the state energy and building codes on the cost of construction. • Provide tax incentives. AMEND STATE LAW REGARDING MUNICIPAL UTILITY TAXING AUTHORITY The City of Spokane Valley requests that the Legislature clarify the conditions under which it is legal for a municipality to impose utility taxes on revenues from a county wastewater treatment system. TAX RELIEF The City of Spokane Valley calls on the Legislature to provide relief to Washington's taxpayers, as provided in other states. A foundational belief for the Spokane Valley City Council and the citizens they represent is that the most effective level of government is the one closest to the people. As such, the Council urges the Legislature to respect local decision -making. Some examples include management of right-of-way and land use decisions. OTECT AND E E LOCAL STATE -SHARE REVENUEl The City of Spokane Valley requests that the Legislature protect and enhance local state -shared revenues to allow the City to deliver vital services to its residents. These funds include the Liquor Excise Tax Account, Liquor Board Profits, Municipal Criminal Justice Assistance Account, City -County Assistance Account, and Marijuana Revenues. The City of Spokane Valley will monitor proposals to make changes to the Growth Management Act and supports proposals that honor local democracy and enhance the City's role in the planning process. The City encourages the state to allocate adequate funding to cities to effectively implement planning directives from the state. The City supports AWC legislative agenda items that serve the best interests of Spokane Valley. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 15, 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: Retail Recruitment Update GOVERNING LEGISLATION: None PREVIOUS COUNCIL ACTION TAKEN: Some of Council's previous actions include: 2016, 03-08: Admin Report with CAI 2016, 05-17: Admin Report on Economic Development Marketing Contract 2016, 05-24: Motion approved to contract with Atlas Advertising Marketing 2016, 11;15: Admin Report, Marketing Study Update, Atlas Advertising 2017, 08-29: Admin Report: Marketing Report 2017, 09-12: Admin Report; retail recruitment 2018, 04-24: Admin Report on 2018 Marketing Consultant Selection, KREM 2018, 07-31: Admin Report with Retail Strategies 2019, 01-22: Admin Report; 2018 Marketing Report 2019, 11-22: Admin Report; 2019 Marketing Report 2020, 12-22: Admin Report, 2020 Marketing and Communications 2021, 01-19: Admin Report, retail recruitment update 2021,09-14: Admin Report, retail recruitment update BACKGROUND: In 2015, the City engaged the services of Community Attributes, Inc. (CAI) to develop a retail improvement strategy and action plan to enhance the City's retail offerings. In 2016, the City updated its comprehensive plan and development regulations that incorporated many of the strategies and actions identified in the study, such as increased flexibility for retailers, increased residential density along commercial corridors, and new opportunities for neighborhood commercial. In late 2017, the City engaged Retail Strategies, a retail recruiter, consistent with the implementation strategy of the CAI study. Since 2017, the City has been working with Retail Strategies on retail recruitment and market trends, specifically identifying retail recruitment and attractions that are unique to the City of Spokane Valley retail mix. Their work has included retail trade area research, regular updates of the City's shopping center and retail corridors, and continuing retail recruitment efforts including representation at International Council of Shopping Center conferences and developing relationships with retailers, brokers, developers, and key industry contacts on behalf of the City. Tonight, Ms. Brookley Valencia and Mr. Scott vonCannon of Retail Strategies will provide an update on their recent in -market visit, in -person review, past retail successes, future retail pursuits, current retail trends, and recent discussions with the local developer and broker community. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS:The contract with Retail Strategies was budgeted at $25,000 for 2022. STAFF CONTACT: Susan Nielsen, Economic Development Specialist ATTACHMENTS: Retail Strategies presentation Spokane Valley, WA November 15, 2022 OVERCOMING CHALLENGES Quality of Life New Business DISCOVER, r''NNECT and THEN & NOW Market Retail ECONOMI(` IMPACT Past Wins Retail builds on retail. Retail economic impact adds up quickly. Retail attracts the workforce that attracts the primary jobs. Retail influences executives looking to locate their company in your community. Retail enhances quality of life. Quality of life encourages future growth of your community. Retailer Burlington U LTA Chipotle Maverik (4th Location) Combined Estimated Number of Jobs for the Local Economy: "' 94 Combined Estimated Annual Sales Tax Revenue for the Local Economy: "' $157,250 Retail builds tax base --- Retail adds jobs from entry-level to managerial --- Retail builds communities ECONOMI(` IMPACT Deal Pipeline Retail builds on retail. Retail economic impact adds up quickly. Retail attracts the workforce that attracts the primary jobs. Retail influences executives looking to locate their company in your community. Retail enhances quality of life. Quality of life encourages future growth of your community. Retailer Entertainment Concept Chicken Fast Casual Convenience Store Combined Estimated Number of Jobs for the Local Economy: 136 Combined Estimated Annual Sales Tax Revenue for the Local Economy: $95,200 Retail builds tax base --- Retail adds jobs from entry-level to managerial --- Retail builds communities TRENDS The Road Maps (Plural) for Reinventing Enclosed Malls Reinventing malls is a site -by -site calculation. Too many factors are in play to make universal declarations about how to reinvigorate these properties, as each one is so different. But effective road maps are emerging. Some examples include: • putting a much bigger emphasis on park -like outdoor spaces designed to be community focal points • replacing ring roads and parking lots with streetscapes that look and feel just like the urban neighborhoods around them While these projects can take different forms, they arise out of a common need for something more engaging and productive than an insular, inward - facing, fortress -like building. Mixed -use transformation of the 465k SF Crossroads Bellevue mall in Washington. Based on that plan, owner ROIC is replacing part of the parking lot with a u- shaped, 224-unit residential building. A new park will connect the site to a city -owned community center, with trails and trail connections. Crossroads' 15k SF of new green space will include a freestanding food -and -beverage pavilion, lawn, outdoor seating, picnic tables, fire pits and music stage. ICSC Article by Joel Groover, Contributor, Commerce + Communities Today TRENDS Retail Real Estate Is Enjoying Its Biggest Revival in Years U.S. retail real-estate vacancies are down, rents are up, and more stores are opening than closing. U.S. retail vacancy fell to 6.1% in the second quarter, the lowest level in at least 15 years, while asking rents for U.S. shopping centers in the quarter were 16% higher than five years ago, according to real-estate services firm Cushman & Wakefield. More stores opened than closed in the U.S. last year for the first time since 1995, according to an analysis by Morgan Stanley, and some analysts say they expect that trend to continue this year even with recession fears rising. Brookfield Properties "For the first time in almost five years now, we'll have...more new stores opening in the U.S. than closures," Brian Kingston, managing partner at Brookfield Asset Management, said on a recent call with investors. "And these net new 2,600 stores will require an estimated 23 million square feet of space" The real-estate firm, which is one of the biggest mall owners, said that spending at its 132 U.S. malls is 31% above prepandemic levels. Kate King. "Retail Real Estate Is Enjoying Its Biggest Revival in Years". Wall Street Journal, October 4, 2022. FOCUS PROPERTIES Spokane Valley Mall Mixed Entertainment Creating a tenant mix beyond apparel and food courts. One trend likely to continue is the repurposing of mall spaces to include more "live/work/play" amenities with a mix of retail, restaurants, fitness, entertainment, apartments and office space. Exterior & Interior Access / External Facade Redesign There is a hybridization happening with the traditional enclosed mall when it comes to fagade and entry access. Stores are being redesigned with a front exterior facade, allowing for better visibility, signage, and exterior/interior access. 9 FOCUS PROPERTY Sprague Avenue Site We discovered a new site listing earlier this year and conducted outreach to the listing agent. We discussed the status of the site, parcel size, the property owner's preference to sell/lease, etc. Moving forward, we began outreach to prospective tenants. We currently have interest from two prospects and have connected these prospects to the listing agent for negotiations. Letter of Intent (LOI) has been submitted. PROGRP55 Corner Sprague Avenue & S Progress Road _qleR& _• d r oMECAPEAK FOR LEASE Build to suit $30/sgft NNN PF1JL MI CI -ELL Fred Meyer ovm • 2.07 Acres of land - Ready for the next great thing! • Access to 1-90, Evergreen, Sullivan and Sprague arterials FOCUS PROPERTY Value -Add Shopping Center We connected with a developer and learned they had recently tied up a shopping center site in Spokane Valley. Moving forward, we will assist with all vacancies and work to help generate tenant interest for junior anchors sites and pad sites. 11 Ongoing Conversations We have flagged over 45 commercial retail sites in Spokane Valley, and we continue pushing those sites out to retail prospects that might be a fit. We have conducted outreach to over 60 retail prospects ranging from: entertainment, organic grocers, coffee, quick serve restaurants, fast casual restaurants, sit-down restaurants, fitness studios, clothing, general merchandise, furniture, sporting goods, and more. We continue to collaborate and strategize with the Spokane Valley economic development team to think creatively regarding new -to -market retail. Wholesale° O MiIIV•�d 14111h 4m(•GREENACR. DVS) WOO • • Vera • Dshman Hills A Natural Area Strategy Update Retail Expansion & Trends On Demand Reporting Ongoing Effort Continuously improving our efforts to maximize the retail potential in your community Appropriately position your community Update City leaders on the latest in retail Your research concierge 13 Spokane Valley, WA CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 15, 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: Spokane Valley Tourism Promotion Area (TPA) Update GOVERNING LEGISLATION: Chapter 35.101 RCW PREVIOUS COUNCIL ACTION TAKEN: • March 2004, approval of the TPA interlocal for a Spokane County Regional TPA; amendments to the TPA interlocal in 2008 and 2009. • Administrative reports on August 19, 2014; June 30, 2015; July 28, 2020; September 22, 2020; and November 3, 2020; • November 24, 2020, motion approved to amend the TPA interlocal agreement by adding a termination clause, allowing an increase in the nightly assessment, and adding additional reporting requirements to member jurisdictions • May 11, 2021, request from Council during the advance agenda portion of the meeting for staff to talk with City hoteliers to determine if they would potentially support creation of a Spokane Valley TPA. • October 5, 2021, administrative report regarding discussions with City hoteliers and consensus from Council for staff to bring back further information on options and processes. • October 26, 2021, Council approved Resolution 21-008 as a formal notice of the City's intent to terminate its participation in the Spokane County Regional TPA. Council reaffirmed its decision to leave the county TPA on March 8, 2022. Termination takes effect Dec. 31, 2022. • August 23, 2022, Council formally accepted a petition signed by qualified hotel owners/operators in Spokane Valley to establish a City-wide TPA and adopted Resolution 22-017, which declares intent to establish a TPA and set a public hearing on September 13, 2022. Notice of the public hearing was published in The Valley News Herald and mailed to hoteliers in Spokane Valley pursuant to RCW 35.101.060(2). • September 13, 2022, Council held a public hearing and first reading on the proposed adoption of Ordinance 22-016. Council moved to advance Ordinance 22-016 to a second reading on September 20, 2022. • September 20, 2022, Council adopted Ordinance 22-016, establishing a City-wide TPA. TPA will be effective January 1, 2023. BACKGROUND: In October 2021, Council expressed an interest in forming a City of Spokane Valley TPA while discussing the resolution to terminate the City's participation in the Spokane County Regional TPA. As a result, City staff met with hoteliers in June and July of 2022 to (1) assess their interest in developing a City -only TPA that would generate fees (revenue) to promote the City as a tourism destination, and if there was sufficient interest, (2) to assist in the creation of a petition on which hoteliers could collect the necessary signatures to submit to Council to initiate the process of establishing a TPA pursuant to chapter 35.101 RCW. City staff and hoteliers jointly crafted petition language that meets both parties' interests. Hoteliers collected the necessary petition signatures from qualified hotel owners/operators in the City to meet the statutory requirements in chapter 35.101 RCW. The signed petition was the first step in the establishment of a City TPA. Council formally accepted the Petition and adopted Resolution 22- 017 on August 23 declaring its intent to establish a City -only TPA and set a public hearing for September 13, 2022. A public hearing and first reading were held September 13 at which meeting Council moved to advance Ordinance 22-016 to a second reading on September 20, 2022. On September 20, 2022, Council adopted Ordinance 22-016 establishing a City-wide TPA. Since the adoption of the Ordinance on September 20, 2022, staff has received an agreement from the Washington State Department of Revenue authorizing the City to establish a TPA to permit the levy of lodging charges to be used exclusively for tourism promotion. Pursuant to Ordinance No. 22-016, the Spokane Valley TPA is effective January 1, 2023 and the Spokane Valley Hotel/Motel Commission will be established January 1, 2023. Importantly, TPA revenue will not begin being collected until 2023 and the City will not see revenue until at least February/March of 2023 from the City's TPA. This may lead to a period in 2023 without identified tourism marketing for Spokane Valley. In conjunction with the termination of the regional Spokane County TPA, on October 26, 2022, staff met with Visit Spokane to provide an update on the establishment of the City's TPA. At this meeting, staff were provided with a proposal (see attached Statement of Work) from Visit Spokane to continue to host VisitSpokaneValley.com and work with City staff to update content. Subsequently, staff coordinated a meeting on November 9, 2022, for Visit Spokane to present their proposal to the hoteliers for their consideration. Due to the pending proposal from Visit Spokane, staff continue to work with hoteliers to determine their recommended course of action relating to destination marketing for the City for 2023. One key aspect that is being discussed is where funding would come from for marketing in 2023. As discussed above, there will not be TPA revenues available for the first quarter of 2023 and funding for marketing through at least the first part of 2023 would need to come from another revenue source. One potential source is the City's 2% lodging tax funds (part of the LTAC process), and use of these funds has been part of the discussion and consideration by the hoteliers. Staff anticipates that hoteliers will provide recommendation(s) on the Visit Spokane proposal and/or initial 2023 destination marketing to City Council at a later date this fall. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Discussion. BUDGET/FINANCIAL IMPACTS: Unknown at this time. STAFF CONTACT: Mike Basinger, Economic Development Director ATTACHMENTS: Visit Spokane Statement of Work e.,I lic. STATEMENT OF WORK Date: 10/26/2022 Client: Spokane Valley Project Name: VisitSpokaneValley.com Project Summary Visit Spokane will continue to host VisitSpokaneValley.com and work with City of Spokane Valley staff to update content and make changes per their direction. VisitSpokaneValley.com will continue to benefit from the website development, SEO services, and reporting tools that provide insight into any marketing efforts made to the website. All photography licenses for the photos on VisitSpokaneValley.com will be renewed, and new photography assets can be added upon request. Spokane Valley content will continue to be part of Visit Spokane's social media calendar. A Visit Spokane Valley representative will still have a seat on Visit Spokane's Board of Directors. Cost Inbound Marketing Content Development $100,000 Website Development $150,000 SEO $60,000 Social Media $45,000 Asset Development Photography $100,000 Payment Schedule 100% payment due upon signing of this statement of work. All payments are due 15 days after receiving the invoice. Total $455,000 Acceptance The client named below verifies that the terms of this Statement of Work are acceptable. The parties hereto are each acting with proper authority by their respective companies. Company Name Full Name / Title Signature Date Visit Spokane Meg Winchester, CEO Company Name Full Name / Title Signature Date City of Spokane Valley CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 15, 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 code text amendment, and proposed resolution repealing and replacing resolution 21-006 establishing petty cash, change and working funds for specific purposes. GOVERNING LEGISLATION: Spokane Valley Municipal Code 3.30.030 — General fund petty cash established. PREVIOUS COUNCIL ACTION TAKEN: Chapter 3.30 SVMC was originally adopted in 2002 with minor revisions in 2015. Resolution 08-024 establishing petty cash funds was originally adopted in December of 2008, and amended by resolution 11-001 in January of 2011. Both resolutions were repealed and replaced by resolution 21-006 in September of 2021. BACKGROUND: CenterPlace, currently does not have any operating cash on hand for making change for customers. The proposed resolution will establish two new change funds, one in the amount of $400, and the other in the amount of $200 for CenterPlace to allow it to operate more efficiently. These amounts mirror the change funds established for the permit center. This will allow for maintaining sufficient quantities of various denominations to allow for effective making of change without frequent trips to banks for converting back to useable denominations. Additionally, it has been determined that the size of the Main Reception petty cash fund, currently at $200, is excessive for the current usage. Reducing this to $50 continues to provide an appropriate amount for the typical transactions without having unnecessary cash on hand. The three other funds: Building cash one at $400, Building cash two at $200, and Parks & Recreation petty cash at $50 will remain as they are. This will bring the total of the City's petty cash, change and working funds to a total of $1,300. The coinciding code text amendment of SVMC 3.30.030 will provide for an increase in the not to exceed amount of the general fund petty cash account that the city manager can authorize from $1,000 to $2,000. OPTIONS: (1) Place on a future agenda for an ordinance first reading; (2) place on a future agenda for a resolution consideration; or (3) take other action as appropriate. RECOMMENDED ACTION OR MOTION: Consensus to place on a future agenda for an ordinance first reading; consensus to place on a future agenda for a resolution consideration. BUDGET/FINANCIAL IMPACTS: None anticipated. STAFF/COUNCIL CONTACT: Daniel Domrese, Accounting Manager ATTACHMENTS: (1) Draft Ordinance 22-XXX Amending SVMC 3.30.030 — General petty cash established (2) Draft Resolution 22-XXX repealing and replacing Resolution 21-006 and establishing petty cash, change and working funds for specific purposes; and Resolution 21-006. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 22-0** AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING SPOKANE VALLEY MUNICIPAL CODE 3.30.030 TO INCREASE THE AUTHORIZED AMOUNT AVAILABLE IN THE GENERAL FUND PETTY CASH ACCOUNT, AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley ("City") previously adopted chapter 3.30 of the Spokane Valley Municipal Code ("SVMC") relating to the establishment of a general fund petty cash account; and WHEREAS, the City recognizes that increasing the authorized petty cash amounts provides additional flexibility for departments to provide better service for the citizens, and conduct City business; and WHEREAS, the proposed changes are in the best interests of the health, safety, and welfare of the citizens of the City. NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. Purpose. The purpose of this ordinance is to increase the not to exceed amount of the general fund petty cash account that the city manager can authorize from $1,000 to $2,000. Section 2. Amendment. Chapter 3.30 SVMC is hereby amended as follows: 3.30.030 General fund petty cash established. The city manager is hereby authorized to establish a general fund petty cash account in such amounts as the city manager may from time -to -time, in writing, determine necessary for the efficient handling of the purposes for which the account is established, but not to exceed $1,0002,000. This account is established to facilitate minor authorized disbursements and the making of change. The account shall be administered in accordance with adopted administrative policies. Section 3. Other sections unchanged. All other provisions of chapter 3.30 SVMC not specifically referenced hereto shall remain in full force and effect. Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance should 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 5. 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 this day of , 2022 ATTEST: Christine Bainbridge, City Clerk Pam Haley, Mayor Date of Publication: Approved As To Form: Effective Date: Office of the City Attorney Ordinance 22-0**, Amending SVMC 3.30 Page 1 of 1 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO.22-0XX A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, REPEALING AND REPLACING RESOLUTION 21-006, ESTABLISHING PETTY CASH, CHANGE, AND WORKING FUNDS FOR SPECIFIC PURPOSES, AND OTHER MATTERS RELATING THERETO. WHEREAS, Spokane Valley Municipal Code 3.30.030 authorizes the development of rules and policies concerning the administration of petty cash funds; and WHEREAS, it is the general policy of the City to set aside small amounts of cash to make change and reimburse employees for City operating costs; and WHEREAS, the City has established small funds for these purposes in the past by motion, resolution, or ordinance; and WHEREAS, the Washington State Auditor's Office recommends the adoption of these funds by City resolution. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Repeal. The Council hereby repeals Resolution 21-006 in its entirety, replacing it with this Resolution. Section 2. Replace. The following petty cash/change accounts shall be established in the amounts shown below and administered by the position identified. The specific custodians for these accounts shall be appointed by the City Manager or designee. Name of account and Responsible Position Amount Main Reception - Office Assistant $200 50 Building cash one - Development Services Coordinator/Building Official $400 Building cash two - Office Assistant/Permit Specialist $200 Parks & Recreation Petty Cash - Administrative Assistant $ 50 CenterPlace cash one — CenterPlace Coordinator $400 CenterPlace cash two — Office Assistant $200 The following are minimum requirements for establishment and operation of these accounts: 1. Each petty cash account shall be established by the governing body by resolution. 2. The custodian of each petty cash account should be independent of invoice processing, check signing, general accounting and cash receipts functions. Resolution 22-0xx - Petty Cash Page 1 of 2 DRAFT When it is not practical to hire additional personnel or to reallocate these duties among existing personnel, a mechanism of review that accomplishes the objectives of the segregation of duties shall be established. For example, periodic monitoring of cash receipts and/or independent performance of the bank reconciliation add controls when complete segregation of duties is not possible. 3. The amount in petty cash shall be periodically counted and reconciled by someone other than the account custodian. 4. The account custodian should ensure the petty cash is kept in a locked location. 5. The authorized amount of all such petty cash shall be included in the local government's balance sheet. 6. If petty cash is disbursed, it shall be replenished at least monthly. Account replenishment should be subject to the same review and approval as processed invoices. Account replenishment shall be by voucher with the appropriate receipts attached. The receipts shall show the date, recipient, purpose and amount of each cash disbursement. These receipts shall be signed by the person receiving the money, stamps, etc. At the time of account replenishment, the custodian shall ensure that the balance remaining in petty cash, together with the amount of the replenishment voucher, equals the authorized imprest amount. 7. The imprest amount of petty cash shall not exceed one month's salary or the surety bond covering the custodian. 8. The fund shall not be used for personal cash advances even if secured by check or other I.O.U.'s. 9. Petty cash shall be replenished at the end of the fiscal year so that expenses will be reflected in the proper accounting period. 10. Whenever an individual's appointment as custodian is terminated, the fund shall be replenished and the imprest amount turned over to the Finance Director. Section 3. Effective Date. This Resolution shall be in full force and effect upon adoption. Adopted this day of 2022. ATTEST: CITY OF SPOKANE VALLEY Christine Bainbridge, City Clerk Pam Haley, Mayor Approved as to form: Office of the City Attorney Resolution 22-0xx - Petty Cash Page 2 of 2 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 21-006 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, REPEALING AND REPLACING RESOLUTION 08-024 AND 11-001, ESTABLISHING PETTY CASH, CHANGE, AND WORKING FUNDS FOR SPECIFIC PURPOSES, AND OTHER MATTERS RELATING THERETO. WHEREAS, Spokane Valley Municipal Code Section 3.30.030 authorizes the development of rules and policies concerning the administration of petty cash funds; and WHEREAS, it is the general policy of the City to set aside small amounts of cash to make change and reimburse employees for City operating costs; and WHEREAS, the City has established small funds for these purposes in the past by motion, resolution, or ordinance; and WHEREAS, the Washington State Auditor's Office recommends the adoption of these funds by City resolution. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. The following petty cash/change accounts shall be established in the amounts shown below and administered by the position identified. The specific custodians for these accounts shall be appointed by the City Manager or designee. Name of account and Responsible Position Amount Main Reception - Office Assistant $200 Building cash one - Development Services Coordinator/Building Official $400 Building cash two - Office Assistant/Permit Specialist $200 Parks, Recreation and Facilities Administrative Assistant $ 50 The following are minimum requirements for establishment and operation of these accounts: 1. Each petty cash account shall be established by the governing body by resolution. 2. The custodian of each petty cash account should be independent of invoice processing, check signing, general accounting and cash receipts functions. When it is not practical to hire additional personnel or to reallocate these duties among existing personnel, a mechanism of review that accomplishes the objectives of the segregation of duties shall be established. For example, periodic monitoring of cash receipts and/or independent performance of the bank reconciliation add controls when complete segregation of duties is not possible. 3. The amount in petty cash shall be periodically counted and reconciled by someone other than the account custodian. 4. The account custodian shall ensure the petty cash is kept in a locked location. Resolution 21-006 - Petty Cash Page 1 of 2 5. The authorized amount of all such petty cash shall be included in the local government's balance sheet. 6. If petty cash is disbursed, it shall be replenished at least monthly. Account replenishment should be subject to the same review and approval as processed invoices. Account replenishment shall be by voucher with the appropriate receipts attached. The receipts shall show the date, recipient, purpose and amount of each cash disbursement. These receipts shall be signed by the person receiving the money, stamps, etc. At the time of account replenishment, the custodian shall ensure that the balance remaining in petty cash, together with the amount of the replenishment voucher, equals the authorized imprested amount. 7. The imprested amount of petty cash shall not exceed one month's salary or the surety bond covering the custodian. 8. The fund shall not be used for personal cash advances even if secured by check or other I.O.U.'s. 9. Petty cash shall be replenished at the end of the fiscal year so that expenses will be reflected in the proper accounting period. 10. Whenever an individual's appointment as custodian is terminated, the fund shall be replenished and the imprested amount turned over to the Finance Director. Section 2. Repeal. The Council hereby repeals Resolutions 08-024 and 11-001 in their entirety, replacing them with tliis Resolution. Section 3. Effective Date. This Resolution shall be in full force and effect upon adoption. Adopted this 14th day of September, 2021. ATTEST; Christine Bainbridge, City Clerk Approved as to�folm Office ofA4e Cit)► A 'fney CITY OF SPOKANE VALLEY Ben Wick, Mayor Resolution 21-006 - Petty Cash Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 15, 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: 2023 Annual Comprehensive Plan Amendment (CPA) Docket GOVERNING LEGISLATION: The Growth Management Act (GMA) RCW 36.70A PREVIOUS ACTION TAKEN: None BACKGROUND: The GMA allows local jurisdictions to consider amendments to their Comprehensive Plan once each year. The City codified this process in Section 17.80.140 of the Spokane Valley Municipal Code (SVMC). Consistent with state law and the SVMC, staff published notice on September 2 and 9, 2022, notifying the public of the annual amendment process and that the City would accept applications for the 2023 cycle through November 1, 2022. The notice was also sent to all agencies, organizations and adjacent jurisdictions that may have an interest in amending the comprehensive plan. CPAs are divided into two categories — map amendments and text amendments (including charts, tables and graphics). CPAs may be privately initiated or proposed by City Council, Planning Commission or staff. This year, there is just a single city -initiated map amendment. As part of the annual comprehensive plan amendment cycle, the City Council is presented with proposed amendments that may be considered for the year's amendment cycle. This process known as docketing, provides the City Council the opportunity to remove items from the docket they do not want to move forward through the comprehensive plan amendment review process. Tonight, staff will present and discuss the 2023 Comprehensive Plan Docket. On November 22, 2022, Council will consider approval of the Docket. Items included in the Docket must be considered concurrently so the cumulative effect of the amendments can be determined. The amendment will be thoroughly analyzed using the criteria set forth in SVMC 17.80.140. The analysis will be compiled in a staff report for the Planning Commission to formulate their recommendation to Council. The Planning Commission will hold a public hearing to allow for public comment on the proposed amendment, deliberate on the proposed amendment, then forward a recommendation to Council. The City Council will take the final action to approve, deny or modify the proposed amendment. OPTIONS: Council consensus to proceed with the proposed 2023 Comprehensive Plan Docket as presented or with items removed, for motion consideration at the November 22, 2022, Council meeting; or take other action deemed appropriate RECOMMENDED ACTION OR MOTION: Council Direction BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Chaz Bates, AICP, Planner Manager ATTACHMENTS: 2023 Comprehensive Plan Docket Presentation 2023 Comprehensive Plan Docket City Council Administrative Report November 15, 2022 Chaz Bates, AICP, Planning Manager Spokane Valley Annual Comprehensive Plan Amendment Process Initiated by: Property owners/representatives Citizens, agencies, neighborhood City Application deadline November 1 Notice published 60-days prior Notice sent to agencies, organizations, and adjacent jurisdictions Pre-app required Complete application(s) are docketed jay COMMUNITY AND PUBLIC WORKS DEPARTMENT NOTICE OF CITY OF SPOKANE VALLEY'S ANNUAL COMPREHENSIVE PLAN AMENDMENT CYCLE The City of Spokane Valley is providing notice that the application window for the 2023 Comprehensive Plan Amendment cycle will close on November 1, 2022. Completed applications must be received by 5:00 p.m. on November 1, 2022 to be considered during the 2023 amendment cycle. Applications received after November 1, 2022, will be registered for consideration for the next amendment cycle in 2024. All proposed amendments to the Comprehensive Plan require a pre -application conference prior to submitting an application. The City of Spokane Valley's Comprehensive Plan is the primary policy document that governs how the City will accommodate and respond to the growth of the community over time. The annual amendment cycle provides the opportunity to propose changes to the Comprehensive Plan to address changing land use conditions or emerging issues. Proposed amendments will be subject to review and a public hearing by the Spokane Valley Planning Commission before recommendations are made to the City Council. For more information about the comprehensive plan or application materials please visit www.spokanevalley.org/cp or contact Chaz Bates, Planning Manager at (509) 720-5337 or cbates@spokanevalley.org. 11/15/2022 Administrative Report - 2023 Comprehensive Plan Docket 2 Annual Comprehensive Plan Amendment Process City Council Docket • Admin Report • Action on docket Planning Commission Applications • Study Session • Public Hearing • Deliberation and Recommendation City Council Applications • Administrative Report • First Reading • Second Reading 11/15/2022 Administrative Report - 2023 Comprehensive Plan Docket 2023 Comprehensive Plan Amendment Docket File Number Location Type / Who Description CPA-2023-01 Unaddressed Map / City Change 29.5 acres from SFR and NC to P/OS 11/15/2022 Administrative Report - 2023 Comprehensive Plan Docket 4 City Initiated Map Amendment CPA-2023-0001 Applicant: Spokane Valley Owner: Spokane Valley (Donation); Spokane County Amendment: Change from Single Family Residential (SFR) and Neighborhood Commercial (NC) to Parks, Recreation and Open Space (P/OS) K l t# 1±!fi f AWN w 1641411 nu,ice thin,1111"11 J!fl! ems �uuunum 11/15/2022 Administrative Report - 2023 Comprehensive Plan Docket 5 CPA-2023-01 -Pre-application Analysis Expands the P/OS by 29.5 ac Area identified in Park and Recreation Master Plan Provides park space to the neighborhood Compatible with surrounding uses 11/15/2022 > na' I'2022 Administrative Report - 2023 Comprehensive Plan Docket 6 \O\\\\\\\\\\\\\\\\\\\\\\\\\\\\ Next Meeting Motion Consideration November 22, 2022 Administrative Report - 2023 Comprehensive Plan Docket 7 Exhibit 1 City of Spokane Valley 2023 Comprehensive Plan Amendment Docket PRIVATELY INITIATED COMPREHENSIVE PLAN AMENDMENTS File Number Map or Text Summary of Amendment None CITY INITIATED COMPREHENSIVE PLAN MAP AMENDMENTS File Number Map Summary of Amendment CPA-2023-01 Land Use Map Change land use designation and zoning for parcels: 46351.9143, 46352.9149, 46354.9150, 46355.9038 and 46355.9151 (29.51 Acres) from Single Family Residential and Neighborhood Commercial to Parks and Open Space. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 15th, 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: Park Maintenance Contract GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Contract 16-174 Awarded 12/17/2016 BACKGROUND: The City of Spokane Valley offers a diverse range of parks and trails throughout its Parks System for use and enjoyment of residents and visitors. As a contract city, Spokane Valley has contracted with Senske Services for most of its Parks System Maintenance needs since 2005. Three successive contracts for Parks Maintenance Services for the City of Spokane Valley have been competitively bid through RFP processes, the first in 2004, the second in 2009, and the third in 2016, and each contract has subsequently been awarded to Senske. The current Parks Maintenance contract, which commenced in 2017, is now in its second of two 3-year renewal option periods and will expire on December 31 st, 2023. Staff will provide an overview of the contract history, costs and provisions and discuss recent challenges that have resulted in citizen complaints and calls for improved levels of service, as well as some of the solutions put in place in 2022 and planned for 2023. Looking ahead, staff anticipates this to be the first of several discussions with Council exploring options for how best to structure future Parks Maintenance contracts that would be competitively bid sometime in 2023 for continued services beginning in 2024. OPTIONS: Council Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: The current Senske Contract is valued at $816,255. The 2022 Parks Maintenance Budget is $950,455, which includes budgeted expenditures for unanticipated repairs, water, sewer and electricity in the Parks System, miscellaneous expenses such as portable restrooms and water system laboratory testing, and an annual contribution of $20,000 to the Centennial Trail Maintenance Fund through an Inter -Agency Agreement with State Parks, Spokane County, the City of Spokane, Spokane Valley, and the City of Liberty Lake. STAFF CONTACT: John Bottelli, Parks & Recreation Director and Erik Lamb, Deputy City Manager ATTACHMENTS: PowerPoint Presentation, Parks Maintenance Contract No. 16-174 1 Park Maintenance Contract November 15th, 2022 City Council Update Contract History & Provisions 2022 Issues & Concerns 2022 Challenges & Strategies Next Steps John Bottelli I Parks, Recreation & Facilities Director 2426 N Discovery Place I Spokane Valley, WA 99216 (509) 720-5400 I jbottelli©spokanevalley.org Spokane .Valley 2 Background Spokane Valley is a Contract City The City's open spaces fall into three separate maintenance categories: City Parks & Trails (Parks & Recreation Department) Irrigated Swales & Rights of Way (Community/Public Works Department) Non -Irrigated Swales & Rights of Way (Community/Public Works Department) City Parks are maintained under a contract with Senske Services City Rights of Way are maintained under separate contracts: Senske Services maintains irrigated swales and rights of way Geiger Crews (historically) and Other Contractors maintain non -irrigated rights of way S"T'Pokan jvalleye Park System —Maintained by Senske 5 Neighborhood Parks (33 Acres) 3 Community Parks (70 Acres) 1 Large Urban Park (55 Acres) 2 Special Use Facilities (2.5 Acres) 2 Natural Open Space Areas (42 Acres) 3 Currently Undeveloped Parks (88 Acres) 2 Paved Trails/Linear Parks (13 Miles) Appleway Trail — 6 miles (65-acre corridor) Spokane River Centennial Trail — 7 miles Spokane jvalleye City Park System Maintained by Senske 23 Parking Lots 18 Picnic Shelters 17 Restroom Buildings 7 Playgrounds 4 Splash Pads 11 Sport Courts 7 Trailheads Mirabeau Waterfall West City Gateway 4 Irrigation Systems Landscaping Trees Benches Kiosks Signage Picnic Tables Garbage Cans Park Lighting Not Maintained by Senske: • Valley Mission Swimming Pool • Terrace View Swimming Pool • Park Road Swimming Pool • Sand Volleyball Courts at Browns Park • Western Dance Hall at Sullivan Park • Radio Controlled Car Track at Sullivan Park Spokane .Valley 5 Contract History RFP Process —competitively bid Original Contract 2005-2009 Second contract 2010-2016 Current Contract (2017) One -Year, with Two 3-Year Renewals* *Current Contract Term Expires December 31st, 2023 Notable Changes since 2017: (2018) Added Appleway Trail — Pines to Evergreen & Sullivan to Tschirley (2019) Added 2 new restrooms, Tschirley Trailhead, and Myrna Park (2020) Added Appleway Trail — Evergreen to Sullivan and CenterPlace West Lawn Plaza (2021) Added One Time Payment of $31K for Windstorm Damage Spokane .Valley Contract Values and Compensation $900,000 $800,000 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 6 $607,602 Annual Contract Value vs Budgeted vs Actuals $ 787,008 $758,310 $634,742 1II 111 2005 2010 2017 2018 $ 798,910 $816,255 2019 2020 ■ Value ■ Budget ■ Actual $848,239 $816,255 YTD 2021 2022 S""okane Valley 7 Contract Provisions & Deliverables ("To Do") Staffing Requirements Dedicated Parks Supervisor available to the Director 24 hours per day Minimum 15 staff dedicated to just Spokane Valley Parks with at least two (2) years of park maintenance experience Equipment Requirements Minimum 15 dedicated trucks plus various specialized equipment including gang mowers, dump trucks, snowplows, etc. Contractor to provide all Materials & Supplies Contractor to provide all Support Facilities Parks Maintenance Yard located at 7115 E Cataldo Avenue, Spokane Valley, WA 99212 Contractor to provide Year -Round Service January 1 — December 31st Daily, Weekly, Monthly, Annual Tasks including Winterization Ball Field Maintenance and Preparation Shelter Reservation Prep and Postings Special Event Support Spokane .00.Valley Scope of Work Mowing Trimming Edging Fertilizing Irrigating Aerating Restroom Cleaning Reservation Postings 8 Preparation of Shelters Weekend Coverage Litter Control Graffiti Removal Garbage Hauling Parking Lot Sweeping Snow Removal Building Painting Electrical Repairs Plumbing Repairs Water Testing General Carpentry Weed & Pest Control Playground Inspection & Repair Irrigation Maintenance & Repair Spokane jvalleye 2022 Issues & Concerns Dry and dying turf Un-mowed areas with tall weeds Un-swept Pathways Dead and dying trees and shrubs Overflowing garbage cans Grafitti Broken lights, irrigation and facilities Failure to clean/prep for Shelter Reservations Timely response to staff -identified issues and citizen complaints 9 Spokane jvalleye 2022 Challenges i Current Strategies Ongoing Staffing Challenges Increased Costs for Fuel, Labor and Materials Increased Vandalism Increased Graffiti Increased Drug Use & Littering Increased Impacts from Unsheltered Populations Increased Park Acreage Increased Noxious Weeds 10 Change in Lead Supervisor Regular Monthly Meetings with Parks Staff Special Meeting with City Leadership Daily Communications throughout Park Season Added 12 Acres of non -irrigated Right of Way formerly maintained by Geiger crews Reviewed timing of Key Deliverables Develop annual work plan calendar for 2023 Discuss Costs and Appropriate Staff Levels Spokane jvalleye 11 Key Deliverables and Timing After October 15th winterization of Park Restrooms and winter preparations for Valley Mission Park: not open for sledding, but certain actions to be taken to prevent sledding injuries Ongoing litter control, hazardous tree removal, preventative maintenance, and repairs due to vandalism throughout the winter including graffiti removal throughout the park system on the date of discovery Snow removal from the roof of the Western Dance Hall, all parking lots except Castle Park, and all sidewalks at CenterPlace, City Parks, and City gateways 7 days per week as needed After March ist through November 15t" full-time crews are required to work 7 days per week Daily routine tasks April 15th — October 15th include mowing/trimming/edging of turf, cleaning restrooms, cleaning picnic shelters, litter removal, and monitoring of grounds and facilities Periodic Seasonal tasks including seeding turf, fertilizer application, aeration, weed control, tree and shrub trimming and removal, sweeping pinecones and pine needles, maintaining water features, general facility maintenance, replacing light bulbs, maintaining and repairing chain link fencing, mowing/spraying rights of way as needed throughout the year. Sprinkler System activation (approximately April 15th) and winterization (approximately Oct 15th) CITY OI '� Playground inspection weekly (40 hours/week) March — Nov., monthly Dec. — Feb. Spokane jvalleye Next Steps - 2023 Discussing Potential Contract Amendment for 2023. Issues include adding new park properties, improving overall Level of Service, and discussing cost increases. Add unimproved Appleway Trail from Tschirley to Liberty Lake (formerly Public Works) Add bi-weekly mowing of Appleway Trail as needed Add park services at three new park properties Flora — noxious weed control, garbage, trail and parking area maintenance Ponderosa — noxious weed control, garbage, trail and parking area maintenance Summerfield — noxious weed control, garbage, trail and parking area maintenance Install Park Security Cameras Explore Alternatives for Graffiti Removal 12 Spokane jvalleye Next Steps - 2024 Begin Discussions of 2024 Park Maintenance Contract RFP(s) Investigage Alternatives For Park Maintenance Additional Service Providers Smaller, more specific scopes of work Area specific contracts Other ideas? 13 Spokane jvalleye Park Maintenance Contract November 15, 2022 City Council Update QUESTIONS? John Bottelli Parks, Recreation & Facilities Director jbottelli@spokanevalley.org (509) 720-5400 14 Spokane .Valley PARKS MAINTENANCE AGREEMENT Senske Lawn & Tree Care Inc. THIS AGREEMENT (the "Agreement") is made by and between the City of Spokane Valley, a code City of the State of Washington ("City") and Senske Lawn & Tree Care Inc., ("Contractor") jointly referred to as the "Parties". IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1. Work to Be Performed. Contractor shall do all work and furnish all labor, supervision, tools, materials, supplies and equipment and other items necessary for the Park Maintenance (hereinafter "work") in accordance with documents described in Exhibit 1 Bid Package which includes the Scope of Work, General Instructions, Instructions to Bidders, Bid Response Documents, Specifications and Appendix A & B , which are by this reference incorporated herein and made part hereof (the "Contract Documents"), and shall perform any changes in the work in accordance with the Contract Documents. The terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any other Contract Document. Contractor shall, for the amount set forth in the Contractor's bid proposal attached hereto, assume and be responsible for the cost and expense of all work required for constructing and completing the Work and related activities provided for in the Contract Documents, except those items mentioned therein to be furnished by the City of Spokane Valley to City's satisfaction. The City Manager, or designee, shall administer and be the primary contact for Contractor. Upon notice from City, Contractor shall promptly commence work, complete the same in a timely manner, and cure any failure in performance under this Agreement. Unless otherwise directed by City, all work shall be performed in conformance with the Contract Documents, and all City, State and federal standards, codes, ordinances, regulations and laws as now existing or as may be adopted or amended. Contractor acknowledges review of the Contract Documents and accepts the same. 2. Term of Contract. This agreement shall be in full force and effect beginning January 1, 2017, and shall remain in effect for one year, with up to two additional three-year renewal options which may be exercised by the Parks and Recreation Director until completion of all contractual requirements. Renewals, if any, shall coincide with the calendar year. Either Party may terminate this Agreement with a minimum of 90 days' written notice at any time during a contract term. In the event of such termination, the City shall pay the Contractor for all work previously authorized and satisfactorily performed prior to the termination date. 3. Liquidated Damages. Not applicable for this Agreement. 4. Compensation. The City shall pay the Contractor $758,310.01 inclusive of sales tax, at the then current rate, as full compensation for everything done or provided under this Agreement. 5. Payment. Contractor shall be paid monthly in an amount that represents one -twelfth (1/12th) of the yearly Agreement amount. Invoices shall be sent to the City Finance Dept. no later than the 5th day of each month. The City reserves the right to withhold payment under this Agreement for that portion of the work or materials which are determined in the reasonable judgment of the Parks and Recreation Director or designee to be Parks Maintenance Agreement 2017 Page 1 of 7 noncompliant with the Contract Plans, Contract Documents, or City or State standards or codes. In such an event, the undisputed amount owed by the City shall be timely paid. Any dispute over withheld payment shall be resolved in a timely manner. Pursuant to chapter 60.28 RCW, five percent of the compensation due Contractor shall be retained by City. City reserves the right to withhold payment under this Agreement for that portion of the work (if any) which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Contract Documents, City standards, City Code, and federal or state standards. 6. Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: Name: Christine Bainbridge, City Clerk Phone: (509) 921-1000 Address: 11707 East Sprague Ave, Suite 106 Spokane Valley, WA 99206 After August 31, 2017, please send notices to: 10210 East Sprague Spokane Valley, WA 99206 TO THE CONTRACTOR: Name: Senske Lawn & Tree Care, Inc. Phone: (509) 891-6629 Address: 7115 E. Cataldo Ave. Spokane Valley, WA 99212 7. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws, codes and regulations. 8. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. Parks Maintenance Agreement 2017 Page 2 of 7 9: Prevailing Wages on Public Works. Contractor, any subcontractor, or other person doing work under this Agreement, shall comply with the requirements of chapter 39.12 RCW, and shall pay each employee an amount not less than the Prevailing Rate of Wage, as specified by the Industrial Statistician of the Washington State Department of Labor and Industries ("L&I"). If employing labor in a class not shown, Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. Contractor shall provide a copy of any such determinations to City. Before commencing, during, and upon completion of the work, Contractor shall file all forms and pay all fees required by L&I and shall indemnify and hold City harmless from any claims related to its failure to comply with chapter 39.12 RCW. The following information is provided pursuant to RCW 39.12.030: A. State of Washington prevailing wage rates applicable to this public works project, published by L&I are located at the L&I website address: https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx B. This Project is located in Spokane County. C. The effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids and as may be revised by addenda. A copy of the applicable prevailing wage rates is also available for viewing at the offices of City located at 11707 East Sprague, Suite 106, Spokane Valley, WA 99206. Upon request, City will mail a hard copy of the applicable prevailing wages for this project. 10. Relationship of the Parties. It is understood, agreed and declared that Contractor shall be an independent contractor, and not the agent or employee of City, that City is interested in only the results to be achieved, and that the right to control the particular manner, method and means in which the services are performed is solely within the discretion of Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 11. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Contractor under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW, or other applicable public record laws. 12. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. 13. Warranty. Unless provided otherwise in the Contract Documents, Contractor warrants that all Work and materials performed or installed under this Agreement are free from defect or failure for a period of one year following final acceptance by City, unless a supplier or manufacturer has a warranty for a greater period, which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials, Parks Maintenance Agreement 2017 Page 3 of 7 Contractor shall, within the warranty period, remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to Contractor's other obligations under this Agreement. 14. Contractor to Be Licensed and Bonded. Contractor shall be duly licensed, registered and bonded by the State of Washington at all times this Agreement is in effect. 15. Contractor to Provide Performance and Payment Bonds. Contractor shall provide a payment bond and a performance bond in the full amount of the contract on the City's bond forms. 16. Insurance. Contractor shall procure and maintain for the duration of the Agreement,, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, or employees. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The commercial general liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the commercial general liability insurance for liability arising from explosion, collapse or underground property damage. City shall be named as an insured under Contractor's commercial general liability insurance policy with respect to the work performed for City using ISO Additional Insured endorsement CG 2010 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than $1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate, and no less than a $2,000,000 products - completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for automobile liability, professional liability and commercial general liability insurance: Parks Maintenance Agreement 2017 Page 4 of 7 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be excess of Contractor's insurance and shall not contribute with it. 2. Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the signed Agreement, which shall be Exhibit C. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles, self -insured retentions, and/or self-insurance. 17. Criminal Background Checks. Contractor agrees that it shall not ask or direct any person to go to any City park property in the performance of this Agreement, whether the person is an employee or volunteer, unless that person has passed a criminal background check by an agreed upon entity that performs criminal background checks as a part of its regular services. 18. Bonding Requirements. Contractor shall provide Performance and Payment Bonds in the amount of 100% of annual contract amount shall be provided to the City as Exhibit B to this Agreement 19. Indemnification and Hold -Harmless. Contractor shall, at its sole expense, defend, indemnify and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees and costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors or omissions in the services provided by Contractor, Contractor's agents, subcontractors, subconsultants and employees to the fullest extent permitted by law, subject only to the limitations provided below. Contractor's duty to defend, indemnify and hold harmless City shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees. Contractor's duty to defend, indemnify and hold harmless City against liability for damages arising out of such services caused by the concurrent negligence of (a) City or City's agents or employees, and (b) Contractor, Contractor's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Contractor, Contractor's agents, subcontractors, subconsultants and employees. Contractor's duty to defend, indemnify and hold City harmless shall include, as to all claims, demands, losses and liability to which it applies, City's personnel -related costs, reasonable attorneys' fees, and the reasonable value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for collection, and all other claim -related expenses. Contractor specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party Parks Maintenance Agreement 2017 Page 5 of 7 under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Contractor's waiver of immunity by the provisions of this paragraph extends only to claims against Contractor by City, and does not include, or extend to, any claims by Contractor's employees directly against Contractor. Contractor hereby certifies that this indemnification provision was mutually negotiated. 20. Waiver. No officer, employee, agent or other individual acting on behalf of either party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 21. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. 22. Confidentiality. Contractor may, from time to time, receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 23. Disputes. All disputes arising under or related to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved by litigation filed in the Superior Court for Spokane County, unless otherwise required by applicable federal or state law. 24. Subcontractor Responsibility. As required by RCW 39.06.020, Contractor shall verify responsibility criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor, at the time of subcontract execution, meets the responsibility criteria listed in RCW 39.04.350(1) and possesses an electrical contractor license, if required by chapter 19.28 RCW, or an elevator contractor license if required by chapter 70.87 RCW. This verification requirement must be included in every subcontract of every tier. 25. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. 26. Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This Agreement may not be changed, modified or altered except in writing signed by the Parties. 27. Anti -kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person with an interest in this Agreement. 28. Business Registration. Prior to commencement of Work under this Agreement, Contractor shall register with the City as a business. 29. Severability. If any section, sentence, clause or phrase of this Agreement should be held to be invalid for Parks Maintenance Agreement 2017 Page 6 of 7 any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this Agreement. 30. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Complete Bid Package B. Performance and Payment Bonds C. Insurance Endorsements The Parties have executed this Agreement this CITY OF SPOKANE VALLEY: 4/2_ A/OZ ark Calhoun, City Manager ATTES istine Bainbridge, City Clerk day of December, 2016. Contracto : : Authori ed R entative APPROVED AS TO FORM: Offic the City A ey Parks Maintenance Agreement 2017 Page 7 of 7 CONTRACT PROVISIONS FOR: PARK MAINTENANCE CONTRACT Spokane Valley Parks and Recreation Department 2426 N. Discovery Place Spokane Valley, WA Issued for Bidding Date: September 30, 2016 SjMIIan� Stiowe PART 4 - SPECIFICATIONS PARK MAINTENANCE CONTRACT Specifications 1 1.0 OVERVIEW: The City of Spokane Valley is requesting Bids for the complete maintenance of parks, open space, recreation playing fields, medians, right of ways, trails including the Centennial and Appleway Trails, parking lots, walkways and other facilities and buildings operated by the Parks and Recreation Department. General expectations include mowing, trimming, edging, raking, sweeping, washing, spraying for pests and weeds, aerating, fertilizing, watering, litter control, snow removal of parking and walkways, graffiti eradication, playground inspection, restroom and facility cleaning, public interaction on park reservations and special events, storage of picnic benches and trash receptacles and forestry operations such as trimming, removal or spraying in order to maintain healthy trees and shrubbery on Parks and Recreation property. Also includes playground maintenance, repair and installation; minor facility repair such as painting, plumbing, carpentry and masonry; and other work as may be determined. Some locations require basic water sample collection. Additionally this contract includes the supplying of all labor, materials and supplies necessary to fulfill the terms of this contract. The above is not all inclusive but is representative of a comprehensive maintenance contract. All work under this contract is considered a `public work" and is subject to the State prevailing wage rates. This work is currently under contract with Senske Lawn and Tree Care until December 31, 2016. Interested and qualified landscape maintenance contractors who have successfully demonstrated their ability to provide similar services at comparable facilities and who meet the minimum requirements and qualifications are invited to submit a bid. The City of Spokane Valley recognizes the complexity of this bid and the difficulty in quantifying all tasks. All questions and comments will be reviewed and changes/addendums, if any, will be emailed to bidders. Hard copies will be mailed upon request. 1.1 Objective: The objective of this contract is to continue the same quality maintenance of our Parks and Recreation system as has been demonstrated the past eleven years. The standard has been established and the City is desirous to maintain the quality of maintenance our citizens have become accustomed to. The successful contractor shall provide the range, quality and quantity of services equal to or greater than the existing levels. The bids shall include providing all labor, materials, supplies and other items necessary to provide a complete vegetation management and ordinary maintenance program for the Parks and Recreation Department of the City. The Lump Sum Base Bid price shall be inclusive for all labor, materials, equipment, supplies and reimbursable or related expenses, excluding sales tax. 1.2 General Information: The City has a population of 94,000 residents and covers a geographic area of over 35 square miles. The City was incorporated in March 2003. The Parks and Recreation Department manages over 180.3 acres of park and open spaces. In 2015, there were over 400 park reservations and special events throughout the system. This currently includes twelve developed City parks, CenterPlace Regional Event Center, Specifications 2 a dance hall, a horse arena, three outdoor swimming pools, two trail systems, open space along the Spokane River and a limited amount of undeveloped park land. Future expansion of the park system is anticipated. The City developed a Parks and Recreation Master Plan in 2005 and updated that plan in 2013. 1.3 Minimum Mandatory Requirements to be met at the time of bid submittal: 1. Firms submitting must have a minimum of five years of service/experience in the provision of landscape maintenance services similar in nature and scope with an emphasis in a public park system to those described in this RFP. The emphasis on public park system maintenance is important due to the critical nature of frequent interaction with our citizenry. Additionally, firms must be able to demonstrate that they have at least three years' experience maintaining public trails. 2. A previous or current successful contract(s) with a minimum of 100 acres of public service area is required. Representative work should include experience or capabilities in all aspects of turf management; irrigation system installation, operation and maintenance; restroom cleaning and maintenance; playground inspection, installation and maintenance; tennis court, volleyball court and softball field maintenance; litter control; hard surface trail or sidewalk maintenance; natural surface trail maintenance; herbicide and pesticide control; general facilities cleaning and maintenance; snowplowing and snow removal; and unimproved areas maintenance. 3. Firm must demonstrate knowledge and compliance of federal, state and local laws and regulations including but not limited to pesticide applications licenses and requirements, and all aspects of playground safety and inspection including certification, water protection including Backflow Assembly Tester's Certification, and water testing. Firm is required to have the following certifications on staff at the time the bid is submitted: • One Washington State Department of Health Backflow Assembly Tester Certification • One Washington State Department of Agriculture Certified Operator • Two International Society of Arboriculture Certified Arborists • Two National Recreation and Park Association, National Playground Safety Institute Certified Playground Safety Inspectors • Six certified flaggers • One certified trapper • All staff must possess current CPR and First Aid Certifications 4. Firm must be able to demonstrate at the time of bid that they have at least one acre of locked, secured storage and at least 10,000 sq. ft. of inside storage for storage of park and recreation equipment and supplies available at their facility at the time the bid is submitted. Specifications 3 5. Response time is critical to this contract. Successful contractor shall be located within the City of Spokane Valley or be able to demonstrate the ability to consistently respond when called within 30 minutes 24 hours per day. 6. Staffing requirements • Dedicated parks supervisor available to the Director 24 hours per day • Full-time irrigator • Minimum 15 staff dedicated to just Spokane Valley Parks & Recreation with at least two years of park maintenance experience • Minimum two tall tree climbers • One licensed applicator with aquatics endorsement • One experienced ballfield preparation • Master Fabricator 7. Equipment Required: • Minimum 15 dedicated trucks — at least five to be equipped with four- wheel drive • Minimum 60' bucket truck • Two 12' - 16' gang mowers • Chipper • Air compressor • Three dump trucks • Mobile spray equipment • Cylinder spreader • 12 snowplow blades minimum of 7'6" wide • Four wheel drive utility vehicle • Mid -sized tractor with backhoe implement • 4' Aerator • Ballfield preparation equipment • Skid steer with brush hog 8. Successful firm shall be required to obtain a City of Spokane Valley business registration form. 9. Provide verification of all minimum mandatory requirements in the Bid Response Documents. 1.4 One General Contractor: The City's intent is to award this maintenance contract to one general contractor. Therefore, an important requirement will be the ability of Bidders to provide 90% or more of all of the skills, labor and equipment necessary to complete all tasks. All subcontracted work shall remain the sole responsibility of the general contractor and the general contractor shall remain the sole contact with owner. Subcontracted work shall be limited to not more than 10% of the contract. 2.0 CONTRACT EXPECTATIONS: The expectation of the City is to provide safe, clean, attractive facilities throughout the entire Parks and Recreation system. Acceptable Specifications 4 standards will produce a level of maintenance that meets or exceeds existing conditions. The contractor shall inspect and monitor their own work product. The contractor shall guarantee that all maintenance standards that are agreed upon in the final contract are met. A dedicated parks supervisor representing the contractor shall be available to the Parks Director on a daily basis, 24 hours per day. Expectations include full compliance with all applicable state and local laws and licensing requirements. Where specific standards are not set forth in this proposal, the expectation will be compliance with guidelines set forth by the Professional Grounds Maintenance Society (PGMS) in Operational Guidelines for Grounds Maintenance. When agreed upon by City and Contractor, other industry standards or "best practices" for safe, attractive, well maintained grounds and facilities may be used. Developed (irrigated turf) Park Property shall be maintained to Level 2. Example: Valley Mission Park. Developed (planted & irrigated) Medians and Rights -of -Way shall be maintained to Level 2. Example: Mirabeau Parkway at Mirabeau Meadows Park. Undeveloped Park Properties (not irrigated/natural vegetation) shall be maintained at Level 4. Example: Valley Mission Park South. Informal Landscaping (seeded/non-irrigated, groundcover, etc.) shall be maintained at Level 4. Example: Portions of right-of-way along Mirabeau Parkway. Natural Areas (excluding trails) to be maintained at Level 6. Except that litter control, hazardous tree removal, repairs due to vandalism shall be on an as -needed basis. Example: Natural area at Mirabeau Point Park and some portions of Valley Mission, Sullivan, and 100% of Myrtle Point. 2.1 Contractor to Provide Materials and Supplies: Unless specifically stated otherwise and agreed in writing, the contractor shall provide all materials and supplies required to execute contract obligations. This includes all chemicals, paper products, light bulbs and tubes for interior and exterior lighting, trash bags, deodorizers, oil and fuel, grass seed, sod, fertilizer, tools, irrigation parts, playground equipment parts, plumbing and electrical supplies for routine repairs, restroom supplies, office supplies, and all related items for all aspects of the operation. This includes all preventative maintenance, repairs, emergency repairs, vandalism, storm damage and other acts of nature, or other planned or unplanned operations requiring materials, supplies, or other expenditures. 2.2 Contractor Responsible for all Support Facilities: The City will not provide equipment storage, work space or office space as part of this contract. The contractor shall be responsible for providing all support facilities at their own location. Specifications 5 2.3 Contract Term: This work will be awarded to the lowest responsive bidder. The contract term shall be for a period of one year with up to two additional three-year renewal options, which may be exercised by the Parks and Recreation Director. Either party may terminate the contract with a minimum of 90 days' written notice directly preceding the end of any contract term. The contract shall commence on or about January 1, 2017. Renewals shall coincide with the calendar year. The contract manager for the City shall be the Parks and Recreation Director or his designee. 2.4 Customer Service: There is a high degree of customer service involved in this contract. Customers include the City Parks and Recreation Department, the citizens and officials of the City, and all visitors to the park facilities. There shall be daily interaction between the contractor's staff and the public. Contractor shall be expected to do whatever is reasonably necessary to ensure a positive outcome. With regard to the Parks and Recreation Department, communication on a daily basis is required in order to serve the community. The contractor shall perform duties such as cleaning picnic shelters, cleaning restrooms, removing trash before each use and posting reservations in advance. After use, tables may need to be added and/or damage repaired. At various times, the contractor may be requested to move picnic tables, turn off sprinkler systems, or perform similar duties to accommodate visitor use. The contractor shall communicate all problems, customer service issues, questions, etc. on a daily basis with Director. Following reservations or special events, the contractor shall inspect the premises and notify the Director of any damage, excessive litter, etc. that may require the Director to contact the user group. 2.5 Lost and Found: All lost and found items shall to be noted and locked in an agreed upon location. A record of lost and found items shall be submitted to the Director on a routine basis, not less than every three calendar days. No lost and found items shall be removed from public property. The City shall be responsible for receiving calls and returning items to the public. Items not claimed shall be disposed of in a fair and appropriate manner at the City's discretion. In no case will the items be returned to the finder unless warranted by law. 2.6 Maintenance Schedule: The park use season is January 1 — December 31. Active growing season shall be considered March 1 — November 15. This may vary depending on weather/use. During active season, parks require a maintenance presence seven days per week. Mowing, fertilizing, aerating, watering and similar maintenance operations that impact public use of the facilities are generally required to be performed Monday -Friday between the hours of 6:OOAM and 5:OOPM. Contractor shall work around public use and be courteous and respectful to park visitors at all times. Restroom cleaning, picnic shelter cleaning, litter patrol shall be performed Monday -Sunday. Weekend use by the public is extensive and weekend cleaning and other maintenance is required. Park facilities are open and available for public use from 6:OOAM — 10:OOPM. Certain parks have time restrictions. Full-time crews are required seven days a week during the active growing season. Specifications 6 2.7 Service Levels Subject to Change: These statements represent the City's attempt to provide an overview of anticipated work in this bid specification. It should be understood by the bidders that the City park system is not static. As service levels increase or decrease, the ongoing levels of service delivery will be necessary with no cost adjustment. The contractor's ability and willingness to work in a dynamic system in a unique public/private partnership is critical to the success of this contract. 2.8 Uniforms: Contractor employees shall be dressed professionally for the landscape industry. Uniform approval is required by the City. 2.9 Background Checks: Background checks are required for all employees working on this contract. 2.10 Drug Testing: Contractor employees are required to be drug tested prior to working on this contract. 2.11 Exclusions: • Major renovation or expansion of facilities • New facilities construction • Asphalt sealing, overlay • Sports court overlay or re -surfacing • Installation of new playground equipment • Sidewalk replacement • Replacement of sewer lift pumps, Mirabeau Springs pump, or Sullivan pump • Park Road, Terrace View and Valley Mission outdoor pools (except for graffiti) 3.0 SCOPE OF WORK: This scope of work is representative and not intended to be all inclusive. All proposals should include complete maintenance of all parks, facilities, etc. as outlined within these specifications. 3.1 Park Properties to be Maintained: Appleway Trail Balfour Park Browns Park Castle Park Centennial Trail (within the City of Spokane Valley limits) CenterPlace Regional Event Center Grounds Discovery Playground Edgecliff Park Greenacres Park Mirabeau Meadows Park Mirabeau Springs Mirabeau Point Park Park Road Pool (parking lot and landscaping only) Sullivan Park Specifications 7 Terrace View Park Western Dance Hall (grounds maintenance) Valley Mission Park and South parking lot Valley Mission Horse Arena and Stables Valley Mission Dog Park Miscellaneous hard surface trails Miscellaneous natural surface trails 3.2 Medians and Rights -of -Way Discovery Place Mansfield from Mirabeau Parkway to Discovery Place (select areas) Mirabeau Parkway (select areas) West City Gateway 3.3 Undeveloped Land Appleway Trail Balfour Park - west Greenacres Park - north Myrtle Point Valley Mission Park South 3.4 Daily Routine Tasks Mowing/trimming/edging turf Cleaning restrooms Cleaning picnic shelters Monitoring grounds and facilities and providing recommendations for preventative maintenance Playground safety inspections. Performed weekly from March — November. Monthly from December —February. National Park and Recreation Playground Inspector Certification required. Receiving and posting reservations at picnic shelter kiosks on a weekly basis Litter pick up Replacing interior and exterior light bulbs Moving picnic tables Emptying garbage cans Ball field maintenance and preparation at three fields, including but not limited to watering, dragging, lining, detailing, proper setting of bases and pitcher's mounds, removing any irregularities, maintaining level transition at turf to soil interfaces and repairing backstops and fences. Sprinkler system(s) operation and maintenance Natural surface and hard surface trail maintenance Water quality testing Maintenance of well and chlorination check Specifications 8 3.5 Periodic/Seasonal Tasks Seeding and/or sod new turf areas Fertilizer application Aeration Spray turf for weed control. Pesticide Applicators License required. Edginag turf Spray for pests. Pesticide Applicators License required. Playground inspection (40 hours/week) Sprinkler system installation and repair Sprinkler systems activation (approximately April 15) Sprinkler systems deactivation (approximately October 31) Winter preparations for Valley Mission Park; not open for sledding, but certain actions to be taken to prevent sledding injuries Sledding hill maintenance for Valley Mission Park; straw bale movement, warning sign maintenance Mowing non -turf (unimproved) areas Restrooms activation (spring) deactivation (fall) Mowing/spraying medians and rights -of -ways Snow removal from roof of Western Dance Hall Snow removal from parking lots, except Castle Park, which is not maintained in winter Snow removal from all sidewalks at CenterPlace, parks and City gateways Activate drinking fountains (spring) and deactivation (fall) Keep all drinking fountains in working order Graffiti removal throughout the park system on the date of discovery Tennis court, basketball court, volleyball court maintenance and repair General facility maintenance (electrical, plumbing, carpentry, masonry) Preparing for special events Tree and shrub trimming and removal Sweeping pine cones and pine needles Maintaining horse arena Maintaining pumps Maintaining water features Monitoring wells and collecting samples for testing Transporting, storing picnic tables and garbage receptacles Replacing light bulbs Maintaining/repairing chain link fencing 3.6 Special Events: The City parks host a number of special events each year. The contractor shall be responsible for assisting in these events. This may include special preparation, alteration of routine schedules, moving picnic tables, erecting tents, setting up sound equipment, and other assistance as needed at no additional charge. Special events are not always pre -scheduled and may require action on short notice. Specifications 9 4.0 SUBMITTAL INFORMATION: All submittals become the property of the City. All submittals become public records with the exception of those parts of each proposal which are defined by the contractor as business or trade secrets, and plainly marked as Trade Secret, Confidential, or Proprietary, which may be able to be withheld pursuant to a request for records pursuant to the Public Record Act. 4.1 Bidder requirements: A. See Bidder response documents for required submittals. All submittals shall be verified. 4.2 Contractor Responsibilities: A. Representative Functions: o Mowing o Trimming o Edging o Fertilizing o Irrigating o Aerating o Restroom cleaning o Posting of reservations and preparation of picnic shelters o Weekend coverage o Risk Management o Litter control o Garbage hauling o Parking lot sweeping o Snow removal o Painting o Electrical o Plumbing o General carpentry o Weed and pest control o Playground inspection, installation and repair o Sprinkler System maintenance and operation B. Quality control processes for self -monitoring of contract; recording and reporting processes. C. Communication/feedback processes with owner, include frequency and method of day-to-day communication with owner. Communication may be through a variety of methods but shall include some level of routine face-to-face communication. Communication is vital so the City and contractor can respond effectively to citizen requests and/or complaints. The Department of Parks and Recreation also has an obligation to keep the citizens, elected officials, and other City staff informed as to the current state of park operations. Specifications 10 D. Addressing citizen complaints E. Preparation and oversight for special events F. Customer Service G. Responding to unforeseen events/emergencies including but not limited to weather related damage and maintenance problems. H. Dealing with environmental issues including chemical and materials handling and application. I. Mandatory insurance and bonding requirements: o Worker's Compensation Insurance coverage o General Liability Insurance coverage in the amount of at least $1 million per occurrence and $2 million in aggregate and proof of worker compensation insurance in compliance with Washington State Law o Automobile Liability Coverage of at least $1 million o 100% annual Performance Bond o 100% annual Labor Payment Bond J. Recordkeeping: The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. 4.3 Subject To Verification: All information submitted is subject to verification by the City. 4.4 Bidder Responsibilities: The successful Bidder shall be responsible for all services and required documents identified in this bid package. The contractor shall be responsible for making all necessary investigations and examinations of documents, operations, and premises affecting performance of the proposed Park Maintenance Contract. Failure to do so shall not act to relieve any conditions or specifications outlined in this bid package. The submission of a bid shall be considered conclusive evidence that the contractor has made such investigations and examinations. 5.0 Questions: The City acknowledges that this bid package is comprehensive. Questions regarding the bid package will be accepted verbally or in writing. Questions will be noted and the answers will be distributed to all Bidders in possession of the bid package. Questions or Requests for Information shall be directed to Mike Stone, Parks and Recreation Director, at the contact numbers listed on the cover page of this document. Specifications 11 5.1 Right to Award: The City reserves the right to award this work in the manner deemed in the best interest of the City. The City shall be the sole judge in determining the successful Bidder. The City reserves the right to accept or reject any and all submittals and to withdraw or revise the Request for Bid process at any time. The decision by the City shall be final, with no further recourse or appeal. 5.2 Severability: If any section, sentence, clause or phrase of this bid package is held to be invalid, such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this bid package. 6.0 GROUNDS AND FACILITIES MAINTENANCE LISTING: 1. Appleway Trail - developed and undeveloped - 4.5 miles 2. Balfour Park - developed and undeveloped - 2.8 acres and 8.4 acres 3. Browns Park - 8.2 acres 4. Castle Park - 2.7 Acres 5. Centennial Trail - 6.5 miles 6. CenterPlace Regional Event Center Grounds 7. Discovery Place median and ROW 8. Discovery Playground - 1.5 acres 9. Edgecliff Park - 4.7 acres 10. Greenacres Park - developed and undeveloped - 8.3 acres and 2 acres 11. Mansfield Parkway median and ROW and Mirabeau Parkway 12. Mirabeau Point Park - 42 acres a. Mirabeau Meadows b. Mirabeau Springs c. Natural Area 13. Myrtle Point - 31.1 acres 14. Park Road Pool (grounds and parking lot only) - 2 acres 15. Sullivan Park - 16.1 acres 16. Terrace View Park - 9.2 acres 17. Valley Mission Park - 24 acres 18. Valley Mission Dog Park - 1 acre 19. Valley Mission Park - South - 7.2 acres 20. Valley Mission Horse Arena (maintenance only) 21. Western Dance Hall (grounds maintenance only) 22. West City Gateway Specifications 12 7.0 ESTIMATED QUANTITIES Any and all data provided are estimates. All Bidders are responsible for measuring or calculating surface areas. Contract is for maintenance of complete City park system and adjustments will not be permitted for slight variations in dimensions. In the case of errors or omissions, the City will determine if corrections/addenda are warranted. ESTIMATED QUANTITIES BALFOUR PARK e '„. #Cks r1�� }.� �t p F d�,'«{Yym P -.l A Ali ',.: r '. .� !i IE3•'.;.. Mowing - Improved Turf 101,616 sq ft 2.33 Grass Trimming Edging Lawn Fertilization 101,616 sq ft 2.33 Aeration 101,616 sq ft 2.33 Grass Drill Seeding Underground Irrigation Systems: 101,616 sq ft 2.33 Hunter Gear Drive 57 ea Rain Bird Popup 12 ea Backflow Preventer 1 ea Leaf and Pine Needle Removal 101,616 sq ft 2.33 Number of Trees 30 ea Trees Requiring Pruning 30 ea Shrubs to be Pruned - Lilacs to the West Hedges to be Pruned Shrub Bed Weeding Flower Beds 100 sq ft 0.002 Noxious Weed Abatement Emptying Trash Containers 14 ea Restroom Cleanup and Maintenance 670 sq ft 0.02 Playground Cleanup and Maintenance 2,178 sq ft Paved Parking 17,424 sq ft Area Lights 3 ea Picnic Tables - Portable 8 ea Signs 6 ea Drinking Fountain 1 ea Fence - Chain Link - 3 ft 543 if Fence - Chain Link - 4 ft 575 if Volleyball Court - (1) Sand 3,485 sq ft Special Notes: (1) Backflow Device *UOM (unit of measure) Specifications 13 ESTIMATED QUANTITIES BROWNS PARK Mowing - Improved Turf 306,262 sq ft 7.03 Grass Trimming Edging Lawn Fertilization 306,262 sq ft 7.03 Aeration 306,262 sq ft 7.03 Grass Drill Seeding Underground Irrigation Systems: 306,262 sq ft 7.03 Gear Drive Rain Bird Rotor 155 ea Rain Bird Popup 30 ea Backflow Preventer 3 ea Leaf and Pine Needle Removal 306,262 sq ft 7.03 Number of Trees 52 ea Trees Requiring Pruning 52 ea Shrubs to be Pruned Hedges to be Pruned Shrub Bed Weeding Noxious Weed Abatement Emptying Trash Containers 10 ea Restroom Cleanup and Maintenance 436 sq ft 0.01 Shelter Cleanup and Maintenance 500 sq ft Playground Cleanup and Maintenance 2,614 sq ft 0.06 Paved Parking 33,541 sq ft Right -of -Way - Paved 8,276 sq ft 0.19 Area Lights 3 ea Picnic Tables - Permanent 6 Picnic Tables - Portable 6 ea Signs 12 ea Kiosk 1 ea Drinking Fountain 1 ea Fence - Chain Link - 4 ft 1,786 If Volleyball Court - (8) Sand 14,810 sq ft 0.34 Basketball Court 1 ea Splash Pad 1 ea Special Notes: (3) Backflow Devices *UOM (unit of measure) Specifications 14 ESTIMATED QUANTITIES CASTLE PARK .A.,.F �� 5 .. i.2 l' r. ,- r- .: [ Mowing - Improved Turf 115,870 sq ft 2.66 Grass Trimming Edging Lawn Fertilization 115,870 sq ft 2.66 Aeration 115,870 sq ft 2.66 Grass Drill Seeding Underground Irrigation Systems: 115,870 sq ft 2.66 Gear Drive Rotor 63 ea Backflow Preventer 1 ea Leaf and Pine Needle Removal 115,870 sq ft 2.66 Number of Trees 22 ea Trees Requiring Pruning 22 ea Shrubs to be Pruned Hedges to be Pruned Shrub Bed Weeding Noxious Weed Abatement Emptying Trash Containers 2 ea Gravel Parking 2,178 sq ft 0.05 Picnic Tables - Portable 3 ea Signs 4 ea Drinking Fountain 1 ea Fence - Chain Link - 5 ft 180 1f Fence - Chain Link - 6 ft 1,050 if Volleyball Court - (8) Sand 14,810 sq ft 0.34 Basketball Court 1 ea Splash Pad 1 ea Special Notes: (1) Backflow Device *UOM (unit of measure) Specifications 15 ESTIMATED QUANTITIES DISCOVERY PLAYGROUND tl , .,, � k ,k 1.? i�,' 'ten 1 Mowing - Improved Turf 5,723 sq ft 0.13 Grass Trimming Edging Lawn Fertilization 5,723 sq ft 0.13 Aeration 5,723 sq ft 0.13 Grass Drill Seeding Underground Irrigation Systems: sq ft Rain Bird Popup 35 ea Backflow Preventer 1 _ ea Leaf and Pine Needle Removal 5,723 sq ft 0.13 Number of Trees 16 ea Trees Requiring Pruning 16 ea Shrubs to be Pruned Hedges to be Pruned Shrub Bed Weeding 3,659 sq ft 0.08 Noxious Weed Abatement Emptying Trash Containers 11 ea Restroom Cleanup and Maintenance 272 sq ft 0.01 Shelter Cleanup and Maintenance 1,289 sq ft 0.03 Playground Cleanup and Maintenance 11,688 sq ft 0.27 Paved Parking 14,141 sq ft 0.32 Area Lights 5 ea Picnic Tables - Permanent 8 Picnic Tables - Portable 6 ea Signs 12 ea Kiosk 1 ea Drinking Fountain 2 ea Fence - Chain Link - 4 ft 1,160 If Splash Pad 1 ea Special Notes: (1) Backflow Device *UOM (unit of measure) Specifications 16 ESTIMATED QUANTITIES EDGECLIFF PARK ,, ',f -F ,� 14/� e v' to a V Mowing - Improved Turf 161,433 sq ft 3.65 Grass Trimming Edging Lawn Fertilization 161,433 sq ft 3.65 Aeration 161,433 sq ft 3.65 Grass Drill Seeding Underground Irrigation Systems: 161,433 sq ft 3.65 Impact 90 ea Gear Drive Rotor 14 ea Popup 3 ea Backflow Preventer 1 ea Leaf and Pine Needle Removal 161,433 sq ft 3.65 Number of Trees 100 ea Trees Requiring Pruning 100 ea Shrubs to be Pruned Hedges to be Pruned Shrub Bed Weeding Noxious Weed Abatement Emptying Trash Containers 19 ea Restroom Cleanup and Maintenance 436 sq ft 0.01 Shelter Cleanup and Maintenance 600 sq ft Playground Cleanup and Maintenance 2,178 sq ft 0.06 Paved Parking 14,810 sq ft Gravel Parking 2,178 Area Lights 3 ea Picnic Tables - Permanent 8 Picnic Tables - Portable 12 ea Signs 11 ea Kiosk 1 ea Drinking Fountain 2 ea Fence - Chain Link - 6 ft 1,290 if Fence - Chain Link - 12 ft 100 if Ball Field - Sand Infield 13,068 _ sq ft 0.3 Bleachers 2 ea Players' Bench 2 ea Tennis/Basketball Courts - Paved 15,246 ea 0.35 Special Notes: (1) Backflow Device *UOM (unit of measure) Specifications 17 ESTIMATED QUANTITIES GREENACRES PARK Mowing - Improved Turf 302,512 sq ft 6.94 Grass Trimming Edging Lawn Fertilization 302,512 sq ft 6.94 Aeration 302,512 sq ft 6.94 Grass Drill Seeding Underground Irrigation Systems: 302,512 sq ft 6.94 Rotor Gear Drive 224 ea Backflow Preventer 4 ea Leaf and Pine Needle Removal 348,547 sq ft 8 Number of Trees 101 ea Trees Requiring Pruning 101 ea Shrubs to be Pruned Hedges to be Pruned Shrub Bed Weeding 1,677 sq ft 0.04 Noxious Weed Abatement 27,963 sq ft 0.64 Emptying Trash Containers 9 ea Restroom Cleanup and Maintenance 684 sq ft 0.02 Shelter Cleanup and Maintenance 800 sq ft 0.03 Playground Cleanup and Maintenance 5,779 sq ft 0.13 Paved Parking 12,132 sq ft 0.28 Area Lights 5 ea Picnic Tables - Portable 20 ea Signs 13 ea Kiosk 1 ea Drinking Fountain 2 ea Fence - Chain Link 1,497 If Splash Pad 1 ea Special Notes: (4) Backflow Devices *UOM (unit of measure) Specifications 18 ESTIMATED QUANTITIES MIRABEAU POINT PARK ••4 P .. isigykAt''F:"`:.�.ry ":' i � •£ �;`ti ti l t ,1F [1p -�a „�� � 4}S rl a�r�p� 3 • � Mowing - Improved Turf: CenterPlace 373,000 sq ft 8.56 Mirabeau Meadows 317,252 sq ft 7.28 Mirabeau Springs __ 13,019 sq ft 0.3 Total 703,271 sq ft 16.14 Grass Trimming Edging Lawn Fertilization 703,271 sq ft 16.14 Aeration 703,271 sq ft 7.03 Grass Drill Seeding Underground Irrigation Systems: CenterPlace 373,000 sq ft 8.56 Mirabeau Meadows 317,252 sq ft 7.28 Mirabeau Springs 13,019 sq ft 0.3 Total 703,271 sq ft 16.14 Hunter Gear Drive 146 ea Rain Bird Gear Drive 100 ea Rain Bird Popup 429 ea Backflow Preventer 7 ea Informal Landscaping - CenterPlace 60,000 sq ft 1.38 Leaf and Pine Needle Removal 703,271 sq ft 16.14 Number of Trees 164 ea Trees Requiring Pruning 164 ea Shrubs to be Pruned 398 ea Hedges to be Pruned Shrub Bed Weeding Plant Beds: Mirabeau Meadows 79,884 sq ft 1.83 Mirabeau Springs 10,403 sq ft 0.24 Total 90,287 sq ft 2.07 Noxious Weed Abatement Emptying Trash Containers 20 ea Restroom Cleanup and Maintenance: Mirabeau Meadows 1,184 sq ft 0.03 Shelter Cleanup and Maintenance: Mirabeau Meadows 1,500 sq ft 0.03 Mirabeau Springs 400 sq ft 0.01 Total 1,900 sq ft 0.04 Concrete Stage - Mirabeau Meadows 1,932 sq ft 0.04 Event Preparation and Cleanup: Specifications 19 Valleyfest Weekend-Mirabeau Point Park Paved Parking: CenterPlace 120,000 sq ft 2.75 Mirabeau 24,553 sq ft 0.56 Total 144,553 sq ft 3.31 Median: Discovery Place 13,575 sq ft 0.31 Mirabeau Parkway 36,595 sq ft 0.84 Total 50,170 sq ft 1.15 Right -of -Way: Discovery Place 13,500 sq ft 0.31 Mansfield 2,000 sq ft 0.05 Mirabeau Parkway 38,700 sq ft 0.89 Total 54,200 sq ft 1.25 Sidewalks: CenterPlace 31,000 sq ft 0.71 Trails - Paved: Mirabeau Meadows 39,782 sq ft 0.91 Mirabeau Springs 26,990 sq ft 0.62 Total 66,772 sq ft 1.53 Trails -Unpaved: Mirabeau Meadows 970 sq ft 0.02 Mirabeau Springs 37,103 sq ft 0.85 Total 38,073 sq ft 0.87 Natural Area: Mirabeau Meadows 182,401 sq ft 4.19 Mirabeau Springs 922,505 sq ft 21.18 Total 1,104,906 sq ft 25.37 Pond - Mirabeau Springs 9,907 sq ft 0.23 Artificial Waterfall - Mirabeau Springs Dock - Mirabeau Springs 312 sq ft 0.01 Viewing Bridge - Mirabeau Springs 1,355 sq ft 0.03 Area Lights 7 ea CenterPlace Lights 60 ea Dock/Bridge Lights 33 ea Picnic Tables - Permanent 5 Picnic Tables - Portable 28 ea Signs 18 ea Kiosk 5 ea Drinking Fountain 2 ea Sewage Lift Station 1 ea Special Notes: (7) Backflow Devices *UOM (unit of measure) Specifications 20 ESTIMATED QUANTITIES MYRTLE POINT Natural Area 1,353,409 sq ft 31.07 *UOM (unit of measure) ESTIMATED QUANTITIES PARK ROAD POOL r s arrvk A a 1 fi1 �0 'ak' Mowing - Improved Turf 28,782 sq ft 0.66 Grass Trimming Edging Lawn Fertilization 28,782 sq ft 0.66 Aeration 28,782 sq ft, 0.66 Grass Drill Seeding Underground Irrigation Systems: 28,782 sq ft 0.66 Hunter Gear Driver Rotor 74 ea Rain Bird Popup 60 ea Backflow Preventer 2 ea Leaf and Pine Needle Removal 28,782 sq ft 0.66 Number of Trees 20 ea Trees Requiring Pruning 20 ea Shrubs to be Pruned Hedges to be Pruned Shrub Bed Weeding Noxious Weed Abatement Emptying Trash Containers 3 ea Paved Parking 39,640 sq ft 0.91 Area Lights 3 ea Picnic Tables - Portable 1 ea Signs 3 ea Bleachers 1 ea Special Notes: (2) Backflow Devices; Bathhouse Winterization *UOM (unit of measure) Specifications 21 ESTIMATED QUANTITIES SULLIVAN PARK •n�:4� 1- ",: .,,,:text Te`.,. Mowing - Improved Turf 116,741 sq ft 2.68 Grass Trimming Edging Lawn Fertilization 116,741 sq ft 2.68 Aeration 116,741 sq ft 2.68 Grass Drill Seeding Underground Irrigation Systems: 116,741 sq ft 2.68 Gear Driver Rotor 26 ea Popup 6 ea Impact 66 ea Backflow Preventer 4 ea Unimproved Ground 53,143 sq ft 1.22 Leaf and Pine Needle Removal 116,741 sq ft 2.68 Number of Trees 100 ea Trees Requiring Pruning 100 ea Shrubs to be Pruned Hedges to be Pruned Shrub Bed Weeding Noxious Weed Abatement Emptying Trash Containers 14 ea Restroom Cleanup and Maintenance 272 sq ft 0.01 Shelter (New) Cleanup and Maintenance 600 sq ft Shelter (Old) Cleanup and Maintenance 500 sq ft Shelter - (Sm. Gazebo) Cleanup & Maint. Event Preparation and Cleanup: Salmon BBQ Feed Paved Parking 78,844 sq ft 1.81 Area Lights 7 ea Picnic Tables - Portable 16 ea Signs 10 ea Kiosk 1 ea Drinking Fountain 1 ea Fence - Chain Link - 4 ft Natural Area 435,251 sq ft 4.25 Well Test 1 weekly Special Notes: (4) Backflow Devices *UOM (unit of measure) Specifications 22 ESTIMATED QUANTITIES TERRACE VIEW PARK t I� Mowing - Improved Turf 322,344 sq ft 7.4 Grass Trimming Edging Lawn Fertilization 322,344 sq ft 7.4 Aeration 322,344 sq ft 7.4 Grass Drill Seeding Underground Irrigation Systems: 322,344 sq ft 7.4 Gear Drive Rotor 20 ea Popup 24 ea Impact 156 ea Backflow Preventer 1 ea Leaf and Pine Needle Removal 322,344 sq ft 7.4 Number of Trees 175 ea Trees Requiring Pruning 175 ea Shrubs to be Pruned Hedges to be Pruned Shrub Bed Weeding Noxious Weed Abatement Emptying Trash Containers 12 ea Restroom Cleanup and Maintenance 436 sq ft 0.01 Shelter Cleanup and Maintenance 600 sq ft Playground Cleanup and Maintenance 7,148 sq ft 0.06 Paved Parking 48,787 sq ft Area Lights 2 ea Picnic Tables - Permanent 8 Picnic Tables - Portable 16 ea Signs 13 ea Kiosk 1 ea Drinking Fountain 4 ea Fence - Chain Link - 3 ft 152 If Fence - Chain Link - 4 ft 923 if Fence - Chain Link - 6 ft 192 if Fence - Chain Link - 7 ft 2 if Horseshoe Pit 1 ea Basketball Hoop 1 ea Ball Field - Sand Infield 13,068 sq ft 0.3 Bleachers 1 ea Players' Bench 2 ea Special Notes: (1) Backflow Device; Bathhouse Winterization *UOM (unit of measure) Specifications 23 ESTIMATED QUANTITIES VALLEY MISSION PARK ' : a • A ' / 4 : ° '' ' ';'` ''-: ' 0 4_ ',f ' ' ' ' :', Mowing - Improved Turf 687,377 sq ft 15.78 Grass Trimming Edging Lawn Fertilization 687,377 sq ft 15.78 Aeration 687,377 sq ft 15.78 Grass Drill Seeding Underground Irrigation Systems: 687,377 sq ft 15.78 Gear Drive Rotor 35 ea Popup 26 ea Impact 1 ea Backflow Preventer 1 ea Drip Irrigation 900 ft Unimproved Ground 209,959 sq ft 4.82 Leaf and Pine Needle Removal 687,377 sq ft 15.78 Number of Trees 150 ea Trees Requiring Pruning 150 ea Shrubs to be Pruned Hedges to be Pruned Shrub Bed Weeding Noxious Weed Abatement Emptying Trash Containers 27 ea Restroom Cleanup and Maintenance 871 sq ft 0.01 Shelter Cleanup and Maintenance 1,200 sq ft Playground Cleanup and Maintenance 8,276 sq ft 0.19 Paved Parking 144,184 sq ft 3.31 Area Lights 7 ea Picnic Tables - Permanent 3 Picnic Tables - Portable 22 ea Signs 24 ea Kiosk 1 ea Drinking Fountain 3 ea Fence - Chain Link - 4 ft 874 if Fence - Chain Link - 6 ft 1,455 if Tennis Court - (2) Paved 14,375 sq ft 0.33 Basketball Court 2 ea Ball Field - Sand Infield 10,454 sq ft 0.24 Specifications 24 Bleachers 1 ea Players' Bench 2 ea Valley Mission Park Horse Arena: Sand Arena 43,996 sq ft 1.01 Restroom Cleanup and Maintenance 261 sq ft 0.01 Stables 17,500 sq ft 0.4 A -Frame Judges Bldg 520 sq ft 0.01 Special Notes: (1) Backflow Device; Bathhouse Winterization *UOM (unit of measure) ESTIMATED QUANTITIES VALLEY MISSION DOG PARK Mowing - Improved Turf 1,656 sq ft 0.04 Grass Trimming Edging Lawn Fertilization 1,656 sq ft 0.04 Aeration 1,656 sq ft 0.04 Grass Drill Seeding Underground Irrigation Systems: 1,656 sq ft 0.04 Rain Bird Popup 60 ea Backflow Preventer 2 ea Leaf and Pine Needle Removal 41,019 sq ft 0.94 Number of Trees 8 ea Trees Requiring Pruning 8 ea Shrubs to be Pruned Hedges to be Pruned Shrub Bed Weeding 865 sq ft 0.02 Flower Beds 100 sq ft 0.002 Noxious Weed Abatement 37,472 sq ft 0.86 Emptying Trash Containers 6 ea Shelter Cleanup and Maintenance 365 sq ft 0.01 Picnic Tables - Portable 2 ea Signs 6 ea Drinking Fountain 3 ea Fence - Chain Link 914 if Special Notes: (2) Backflow Devices *UOM (unit of measure) Specifications 25 8.0 REPRESENTATIVE MAINTENANCE STANDARDS NOTE: Final contract will contain additional standards as required to address all work elements. Representative standards are presented here to communicate the level of desired maintenance to prospective Bidders. A similar level of care will be required for all aspects of park operations. Mowing: Improved Turf (irrigated) Mowing shall be at a height of 2.5 — 3 inches. Turf shall not exceed 4.5 inches between mowings. Blades shall be sharp and mower equipment maintained to prevent damage to turf. Mulching equipment shall be used. The mowing season is April 1 — November 15 of each year. The height of grass shall not exceed the maximum at any time during the year. The approximate number of mowings is 26 — 35. Grass clippings shall be blown from sidewalks and other decks and walkways the same day that mowing occurs. Litter and other foreign objects shall be picked up prior to mowing. Mowing of each park shall be completed on the same day that mowing begins. Mowing schedules shall be included in the contractor's annual work plan. Any proposed changes by contractor shall not be effective until they are approved in writing by the Parks and Recreation Director. Include hard edging on all surfaces. All variations must be communicated to Director. Unimproved Turf (un-irrigated) Mowing shall be at a height of 2.5 - 4 inches. Mowing height shall not exceed 10 inches between mowings. Natural areas shall not be mowed except upon request. Grass Clippings: Clippings shall be mulched and left evenly disbursed on the turf, except turf that is allowed to exceed the maximum 4.5 inches between mowings shall be mowed and bagged or swept by the contractor to remove windrows or other heavy accumulations. Measurements shall be taken in park areas that are representative of average conditions. Drainage areas, etc. that receive above normal irrigation may exceed 4.5 inches if the representative target areas are within standards. The Director and the contractor shall work together to identify and agree upon these areas. Mowing Damage: Mowing shall not take place under wet conditions which may cause turf damage. Areas that receive excessive runoff from irrigation may be permitted minor damage but only upon written approval of the Parks Director. Mower decks shall be properly adjusted and operated to prevent scalping of turf. Turf at base of trees shall be chemically trimmed or string trimmed to prevent all contact with mowers. Areas around concrete or metal fixtures shall be string trimmed to prevent mower damage. Wear and tear or damage to fixtures or vegetation by mowers shall not be allowed. Picnic tables shall be moved in such a way as to prevent damage or soiling of tables. The contractor shall be responsible for all costs associated with damage caused by mowing. Fertilizer: Fertilizer shall be applied 3 times per year. All fertilizer shall be applied to improved turf areas on the basis of soil analysis by a lab selected by contractor and Specifications 26 approved by owner. Applications shall be at optimal times and shall be outlined in the contractor's annual work plan. Owner shall review/approve rate and composition of fertilizer as recommended by analysis. New trees shall be fertilized for the first three years to ensure tree survival. The first year new trees shall be fertilized spring and fall, then once per year for the next two years. Aeration: Aeration shall be performed twice per year, once in the spring as soon as conditions permit and again in the fall after August 15. Cores shall remain evenly dispersed on the ground or collected at contractor's option. Depth and frequency of coring shall be two inches and six inches respectively. Allowance will be made for dry or rocky conditions at the discretion of the Director. Restroom Cleaning: All restrooms shall be cleaned completely once per day seven days each week. Restrooms shall receive inspection and spot cleaning whenever contractor personnel are in the vicinity for related or unrelated work. Additional times may be required based on usage and contractor will be responsible to maintain standards. Maximum season is March 15 — November 1. Director and contractor shall reach an agreement based on use and weather conditions. Contractor shall perform winterization and re -activation. Contractor responsible for freeze damage except when facilities are open due to agreement with Director, wherein the City shall compensate for damages. Representative standards include but are not limited to: • Empty trash and sanitary product holders; replace liners as needed. • Replace all paper products to ensure sufficient supply until following day. • All light fixtures shall be working properly and inspected daily; lamps replaced as needed. • Remove all graffiti using graffiti removal materials, scrubbing, or painting over surfaces that currently are already painted. Non -painted surfaces shall not be painted over without permission from Director. • Toilet bowls and urinals shall be cleaned and disinfected daily with approved cleaner. Hard water stains, rust, or other discoloration or soiling shall be removed. Sinks shall be scrubbed clean and disinfected daily with approved cleaner. • Disinfect fixtures, sinks, around floor drains, trash containers, walls and doors, including all handles. • All porcelain and metal surfaces shall be wiped clean and disinfected with approved cleaner. Walls and ceiling wiped clean where required, including cobwebs, dust, etc. from ledges, cracks, crevices, corners, etc. • Sweep, mop or hose down floors. Squeegee as needed to prevent puddling. • Restrooms to smell clean and disinfected. All fixtures working properly and fixed immediately upon discovery of problems unless otherwise arranged with Parks and Recreation Director. • Restrooms shall be deodorized at all times through automatic spray, solid deodorizer or other method proposed by contractor and acceptable to Director. • All storage facilities shall be kept neat, clean, orderly and free of offensive odors at all times. Specifications 27 • All leaking fixtures, clogged drains, or other inoperable plumbing fixtures shall be repaired immediately or as soon as parts are available. Director shall be notified of remedies or closures. • Septic tanks shall be pumped as needed to maintain properly functioning system. There are three septic tanks located in Valley Mission Park. Snow Removal: Snow removal shall commence at 1" or more accumulation on level surfaces. This includes all sidewalks at CenterPlace and all municipal sidewalks associated with park property and City gateways. Exceptions: Castle Park parking lot is not maintained in the winter. Snow shall be removed within eight hours following the measurable accumulation of 1". Scheduling shall accommodate usage demand. Schedule to be worked out with Director. All areas shall be sanded with salted sand at all entrances and exits. All parking lots shall be sanded as icy conditions dictate. Snow may be plowed to the perimeter of the property. In the event that accumulations interfere with parking or other use, or damage fences or encroach on neighboring properties, snow may be required to be hauled from the site. In the event that accumulation levels and weather forecasts indicate that natural melting of snow is reasonably predictable, contractor may request approval from Director of Parks and Recreation to forego removal. Ice Melt: Contractor is required to spread a commercial ice melt product which is deemed safe to turf, plants, and physical structures on all municipal sidewalks associated with park property, City gateways, CenterPlace sidewalks, parking lots, entrances to facilities and other areas, as may be designated, to maintain free of ice during hours which that facility may reasonably be in use by staff or the public. Weed and Pest Spraying: All chemical spraying shall be in compliance with the state and federal pesticide applicators requirements and guidelines including licensing. Where applicable, sprayed areas shall be posted. Spraying shall not occur during windy, rainy or other climatic conditions known to reduce the effectiveness or safety of the product being applied. Turf areas shall be treated to remove broadleaf and grassy weeds. Noxious weeds shall be sprayed or removed from all locations. Weeds in cracks in sidewalks, trails and other hard-scape areas shall be sprayed. Weeds may also be pulled. Spraying on turf, around buildings and on trees and shrubs shall occur as necessary to maintain healthy, green, attractive turf and other plants and trees. Softball Preparations: Softball fields shall be maintained for safety and appearance according to best practices. Sprinkler heads, valve boxes or other structures shall be properly installed and maintained at or below the surface pursuant to the manufacturer's recommendations or requirements. Softball fields shall be inspected daily in order to maintain safety for players and spectators. Safety issues shall be resolved on the day of discovery. If issues cannot be remedied, the Parks and Recreation Director shall be contacted to determine if other action is required. Bases and pitching rubbers shall be properly installed and maintained pursuant to the manufacturer's requirements. Daily field preparation includes sprinkling, dragging, Specifications 28 raking, leveling, chalking (baselines, batter's boxes and on -deck circles) and other preparations. Transition between dirt infield and grass shall be maintained level plus or minus 1". As required, the grass shall be cut away with a sod cutter, dirt removed or added and turf replaced in order to restore a level transition. Excessive speed in dragging the infield may require additional maintenance of the transition area and shall be the responsibility of the contractor. Foul lines shall be mowed and painted to provide clear demarcation of foul lines. Foul lines shall be visible at all times from home plate and painted approximately once per week during season. Infield material shall be hauled in and placed as necessary to provide a level playing field. The mix shall be 1/3 clay, 1/3 sand, and 1/3 topsoil. Pre -mixed products may be acceptable upon approval by the Parks and Recreation Director. Bleachers shall be maintained in full repair at all time for safety purposes. All fence and backstops shall be maintained free of hazards such as turned up edges, holes, exposed barbs, etc. Picnic Shelter Cleaning: Maintain electrical in working order. Ensure that all lights and receptacles are operating. Shelters are to be cleaned daily and or prior to and after each scheduled use, whichever is more frequent. Sinks shall be cleaned daily. Tables shall be wiped or sprayed clean with soap and water as needed to remove all foreign material. Floors shall be swept and hosed off. Care shall be taken to prevent water damage to all structures and equipment. Depending upon reservations, this work item may need to be done numerous times each day without any additional charge. Sprinkler Systems: Contractor shall be responsible for all operation, maintenance and repair of all irrigation/sprinkler systems. Expected months of operation is April 1 — November 1. Director and contractor shall reach an agreement based on use and weather conditions, including activation in the spring and deactivation in the fall. Winterizing shall be the responsibility of the contractor. All freeze damage shall be the responsibility of the contractor. Sprinkler systems shall be maintained according to legal requirements including, but not limited to, proper annual inspection of backflow preventers. Water shall be adequate to maintain green healthy turf but excessive water is prohibited. Contractor may use a variety of means to adjust water including altering of timers, changing heads or nozzles, adding heads, subtracting heads, adding water lines or additional zones. Water spraying on concrete, pavement and unimproved areas shall be minimized. All irrigation breaks discovered shall be repaired the same day as discovered unless otherwise approved by the Director. Water shall be turned off if breaks result in obvious waste of water. Event scheduling may require adjustments to watering times to accommodate park usage. Specifications 29 Contractor shall respond to notification of dry spots by applying water within eight hours or notifying Director of alternative remedy. Litter Control: Level 2 parks includes all Level 2 grounds such as walkways, parking lots, play equipment, shrub beds, turf, corners of entryways and other areas where litter might accumulate. Level 2 parks shall be policed with litter pickup required: o on a daily basis during summer season May 1 — Labor Day o twice per week in fall season from Labor Day — November 1 o once per week during winter season November 1 - March 31 o twice per week in Spring season April 1 - May 1 o Special events, reservations or any other use may require additional litter control o Exceptions: Valley Mission Park is heavily utilized in the winter months and will require daily litter patrol in winter and spring season if snow is present. Winter maintenance is estimated at 60 visits/year. Litter includes cigarette butts, paper, cardboard, rocks (on turf, sidewalks and other areas where they don't belong) any plastic, rubber or metal foreign objects, wood, tree branches, cloth, etc. Litter pickup shall be completed by the end of each service day. Large or otherwise visible accumulations, such as multiple items of litter in the same location, two or more beverage cans in one location, dumped mattress or appliance, large accumulation of trash or debris, etc. shall be removed by 10:00 AM each day or within one hour of being reported to or noticed by contractor. There is a general expectation that litter will always be picked up incidental to other work. o Level 4 areas and others are to be policed a minimum of once per week except that large or noticeable deposits shall be cleaned on same basis as Level 2. Trash Containers: Trash containers as noted in the Estimated Quantities section of this RFP are available for use by the contractor and are considered adequate. Additional containers may be provided by contractor. Where decorative containers are desired by owner, owner shall purchase those containers. Containers shall be dumped when 3/4 full or at any time that offensive odors or pests are present or if the container has not been dumped for four days. All containers shall be lined with a plastic liner. Vehicle access to cans may be limited in some locations. Dumpsters in lieu of individual cans may be used upon approval of the Director. All costs associated with garbage collection, transport and disposal, shall be the responsibility of the contractor. Playground Inspection: Playgrounds shall be inspected by a Certified Playground Inspector by then current standards and guidelines. All inspections shall be recorded and be part of the reporting process to the Director. The City requires full compliance with playground safety requirements as set forth by the National Recreation and Park Association certification requirements. Repairs shall be implemented immediately where possible. When parts are required, such parts shall be ordered within 24 hours of noted Specifications 30 deficiency in playground structure. Remedial measures, such as restricting use or otherwise preventing use of equipment, shall be implemented and the Director notified. All encroachment zones shall be maintained in a safe, clean condition and at the proper depth. All structures shall be repaired according to manufacturer requirements. Parts shall be purchased from the manufacturer or authorized distributor. Fabrication of parts by contractor is prohibited. Safety is paramount in playground maintenance. Contractor shall be responsible for all parts, materials and supplies to maintain equipment and encroachment zones in full operational condition, subject to this paragraph. Contractor shall furnish parts so long as such parts are available through an authorized dealer servicing the brand and style of equipment in need of repair. Evidence that parts are no longer commercially available shall be communicated to the Director and closure or replacement of the equipment may be contemplated. For any partial closures, the contractor shall be responsible for supplying all parts and materials. The City shall incur all costs for replacement of existing structures, provided that structure has been properly inspected and maintained by the contractor. Playground Installation: Playground equipment shall be installed in full compliance with all applicable manufacturers' guidelines and specifications. As there is no way to project the extent of playground installation, this work shall be considered "extra work" to be submitted by the contractor in the form of a work order or it may be contracted out by the City. Tree and Shrub Planting and Maintenance: Tree and shrub maintenance is on an "as needed basis." Trees and shrubs that are encroaching on sidewalks or roadways, or diseased, dead/dying shall be trimmed or removed as appropriate. Director shall be notified of intent to remove any trees or shrubs prior to starting work. All potentially dangerous conditions regarding trees shall be corrected immediately or reported to the Director. Newly planted trees (first three years after planting) shall be watered (by hand if necessary) trimmed, mulched, and staked, according to generally accepted standards to ensure survival. Organic/Inorganic Groundcover (wood chips/gravel) Maintenance: Groundcover shall be maintained to preserve the intended coverage and use. Soil and/or weed barrier shall have 100% coverage either by raking or adding additional ground cover. Ground cover deficiencies shall be corrected no less than three times per year. Turf Sweeping: Turf shall be swept for windrowing any time the grass height has exceeded the maximum of 4.5 inches and accumulations form a layer that completely obscures the turf in any 6"x6" area. Between March 15-April 1, all turf shall be swept, vacuumed, raked or otherwise cleaned of all pine needles, pine cones, branches, litter and debris. Work shall be scheduled to prevent damage to turf due to wet or damp conditions. Specifications 31 Hard Surface Sweeping: Unless otherwise noted, hard surfaces shall be swept, vacuumed or blown off as needed to maintain a clean appearance. Parking lots shall be swept each spring to remove all sand and other debris accumulated over the winter. Contractor shall sweep all parking lots one additional time as scheduled through the summer/fall seasons. However, due to storms, etc. parking lots may require additional sweeping which shall be the responsibility of the contractor. Sports Court Maintenance: Tennis and Basketball courts shall be swept, blown or vacuumed in order to maintain a clean playing surface. Inspections shall be daily in conjunction with other maintenance tasks. Courts shall be cleaned bi-weekly according to schedule developed by contractor. Courts shall be inspected daily for glass, debris or other foreign material which shall be removed immediately. o Tennis nets shall be replaced if damaged over 10% or more of surface. o Basketball nets replaced as needed to maintain safe, attractive appearance. No more than two loops may be missing before nets shall be replaced. Replacement demand in excess of four times per year may be reported to Director and alternatives sought. o Volleyball nets replaced if damaged over 10% more of surface. Repair is acceptable. Contractor shall keep replacements on hand or otherwise readily available in order to ensure that nets can be replaced without unnecessary delay. Volleyball nets require tightening on a routine basis. o Expected replacement on tennis nets is approximately two years; volleyball nets every two years; basketball nets, four times per year. o In the event that such replacement is not reasonably warranted or that additional replacement is recommended by the Contractor, the Contractor shall contact the Director. Graffiti Removal: Graffiti eradication and control shall include all surfaces fixed or portable within the park properties. Graffiti control methods and chemicals shall be approved by Director. Where painting is the desired method, all paint shall be applied in a professional manner. Painted areas shall be of the exact shade as the existing paint. Surrounding areas shall be masked off, protected with drop -cloths or otherwise protected. Surface shall be properly prepared. All paint shall be high quality. Contractor shall remedy any work that fails to meet this standard. Graffiti shall be removed the date of discovery unless otherwise agreed to by Director. Drinking Fountain Maintenance: Drinking fountains shall be maintained in working order. Fountains shall be operated as designed so as not to waste water. Leaking, sticking or broken fountains shall be repaired within 24 hours of discovery. Fountains shall be cleaned and sanitized on a daily basis. Fountains shall be winterized in the fall to prevent freezing and activated by April 15 or as weather permits. Contractor shall be responsible for all repairs including freeze damage or vandalism. Vermin Control: Contractor shall control mice, skunks, ground squirrels, insects or other vermin in and around facilities with approved poisons or traps in accordance with Specifications 32 applicable state and local laws and in a manner appropriate for public areas. This includes the control of wasps in parks and pools. Horseshoe Pit Maintenance: (Terrace View Park) Horseshoe pits shall be maintained with pegs in place and secured at all times, backboards maintained and pits properly filled with suitable material. Pond Maintenance: The pond at Mirabeau Springs shall be maintained daily, from March 15 — November 1, to keep the strainer free of debris and functioning properly. All trash shall be removed from pond on a daily basis. In addition to other vandalism, there may be a need to remove soap suds from the pond. If the pump fails, the contractor shall be responsible for repair up to and including replacement of pump. All electrical/mechanical components shall be the responsibility of the contractor. CenterPlace: Contractor shall develop preventative maintenance program for the CenterPlace grounds to be approved by the Director. Additional responsibilities at CenterPlace include: fly control, rodent control and cockroach control. Well Water Monitoring: The well at Sullivan Park shall be monitored once per day Monday -Friday, including testing the chlorine level and entering the result into a log. Adjust chlorine to state mandated levels. Once‘a month report results are to be given to Washington State Department of Health. Fencing: Chain link fence shall be kept in good repair. Top rails shall be in place and secure. Fabric damaged by vandalism or accident shall be repaired. Bottom of fence shall be straight. Fence that is bowed or that has sharp edges shall be repaired. Accumulations of pine needles and other debris shall be cleared away. Parking Lots: Parking bumpers and signage shall be maintained by contractor. Contractor shall stripe parking lots every four years beginning with the first year of the contract. Painting: All painted or stained buildings (interior and exterior), fences, bollards, signs, picnic tables, bleachers, benches, and other fixtures or park amenities shall be painted to maintain a tidy appearance. Chipping, peeling, chalking, fading, dirty, damaged, moldy, marred by graffiti, cracking or other conditions caused by weathering, vandalism or any other cause are indications that painting is required. Many facilities require painting on a bi-annual basis. Valley Mission Horse Arena: The Valley Mission Horse Arena is maintained to a large degree by the user groups. Daily inspection shall be done by contractor April 1 — November 1. Restrooms shall be cleaned daily. Stalls and grounds shall be inspected for litter, horse manure, straw, hay. When present, all waste shall be placed in the dumpster. The contractor shall not drag or prepare the arena surface. Fences shall be painted, buildings painted and kept in repair. The buildings are currently in poor repair. Cost of Specifications 33 initial renovation of the buildings (other than painting) shall not be the Contractor's responsibility. Valley Mission Sledding: October 15 - March 1 or any time there is sufficient snow for sledding, the entire south side of the Horse Arena fence shall be removed and securely stored. Steel plugs shall be inserted in the steel sleeves in the ground. Straw shall be placed along entire south side of corral along the restroom and around the two light poles in corral. Straw shall also be placed around approximately 12-20 trees. The fence around the pond shall be protected with straw bales all the way around it. Annual straw requirements are estimated at 300-400 bales of straw. Contractor shall inspect the lights (seven fixtures) in the sledding area and ensure they are functioning properly. Straw bales shall require daily maintenance Monday -Friday to replace/reset as necessary. All makeshift jumps or other temporary snow structures shall be removed and bales returned to needed location. In the spring, the contractor shall pick up and dispose of all straw bales. Disposal fees shall be the responsibility of Contractor. Contractor shall pull plugs in fence post holes and reinstall fence. Park Road/Valley Mission/Terrace View Pools: Currently the YMCA contracts with Park Maintenance Contractor to winterize the pool bath houses and to certify the pools backflow devices. Maintenance Contractor shall provide the following services at the pools: pest control, vandalism repair, light fixture repair and maintenance. Sanitary Survey Requirements: Contractor shall maintain Mirabeau Point Park Restrooms and Sullivan Park's well to Washington State Department of Health, Office of Drinking Water, small water system management program standards to maintain operating permit. Secured Storage/Receiving: Contractor shall provide both covered and uncovered secured storage on their site as specified within this bid package. Traditional storage items are trash containers and picnic tables. Additionally, the contractor shall receive and store park materials, pool furniture, playground equipment, picnic shelters and any other deliverable items for the Parks and Recreation Department at contractor's facility. Trail Maintenance: The contractor shall maintain the portion of the Centennial Trail that runs through the City of Spokane Valley as well as the completed sections of the Appleway Trail. All work on these trails shall comply with the maintenance standards as set forth in this bid package. The following duties and frequencies shall be provided: Vegetation Control Trimming of weeds and grasses along trail Brush control along trail Removal of hazardous trees pursuant to three times per year or as needed three times per year maximum six times per year per ISA standards Centennial Trail Litter Control Policing and removal of litter Applewav Trail Litter Control Policing and removal of litter Restroom Cleaning Cleaning at Mirabeau Cleaning at Barker Pumping vault at Barker Sweeping Parking lot sweeping Trail sweeping Weed Control Encroachment weed control Noxious weed control Hardscapes Maintenance Bench Repair Sign Repair Facility Repair Asphalt Maintenance Crack Repair Pothole Repair Parking Lot Snow Removal Plowing De-icing Specifications 34 Weekly April — September; then monthly three times per week April — Sept; then monthly 200+ times per year including materials 200+ times per year including materials four times per year or as needed two times per year four times per year minimum two times per year one time per year, or as directed by the Spokane County Noxious Weed Control Board for control of state identified noxious weeds as needed as needed as needed one time per year or as needed one time per year or as needed upon a two-inch accumulation as needed to control ice accumulation 0•0%, Spanokane 4.;Valleye OFFICE OF THE CITY ATTORNEY CARY P. DRISKELL - CITY ATTORNEY ERIK J. LAMB - DEPUTY CITY ATTORNEY 10210 East Sprague Avenue • Spokane Valley, WA 99206 (509) 720.5105 ♦ Fax: (509) 720-5095 ♦ cityattorney®spokanevalley.org October 17, 2017 Senske Lawn & Tree Care Inc. 7115 E. Cataldo Avenue Spokane Valley, WA 99212 Re: Implementation of 2018-2020 option year, Agreement for Parks Maintenance Contract # 16-174.00 executed December 22, 2016. Dear Senske Lawn & Tree Care Inc.: The City executed an Agreement for provision of Park Maintenance on December 22, 2016, by and between the City of Spokane Valley, hereinafter "City", and Senske Lawn & Tree Care Inc., hereinafter "Contractor" and jointly referred to as "Parties." The original Agreement states that it was for one year, with two optional three-year terms possible if the parties mutually agree to exercise the options each year. This is the first three-year renewal option of two possible three-year option years that can be exercised and runs through December 31, 2020. The City would like to exercise the first three-year renewal option year of the Agreement. The Compensation as outlined in Exhibit A, 2016 to the Agreement, includes the labor and material cost negotiated and shall not exceed $758,310.01. The history of the annual renewals, including dollar amounts, is set forth as follows: Original contract amount $758,310.01 1st three-year renewal option $758,310.01 All of the other contract provisions contained in the original Agreement shall remain in place and remain unchanged in exercising this option year. If you are in agreement with exercising the first three-year option renewal, please sign below to acknowledge the receipt and concurrence to perform the first three-year renewal option year. Please return two copies to the City for execution, along with current insurance information. A fully executed original copy will be mailed to you for your files. CITY OF SPOKANE VALLEY 1 02ei4A9Gv%-- Mark Calhoun, City Manager ATTEST: Christine Bainbridge, City Clerk APPROVED AS TO FORM: SENSKE LAWN & TREE CARE Title i CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND SENSKE LAWN AND TREE CARE, INC. Spokane Valley Contract # 16-174.02 For good and valuable consideration, the legal sufficiency of which is hereby acknowledged, City and the Contractor mutually agree as follows: 1. Purpose: This Amendment is for the Contract for the Parks Maintenance Agreement by and between the Parties, executed by the Parties on December 22, 2016, and which terminates on December 31, 2020. Said contract shall be referred to as the "Original Contract" and its terms are hereby incorporated by reference. Total compensation under the Original Contract is not to exceed $758,310.01. 2. Original Contract Provisions: The Parties agree to continue to abide by those terms and conditions of the Original Contract and any amendments thereto which are not specifically modified by this Amendment. 3. Amendment Provisions: This Amendment is subject to the following amended provisions, which are either as follows, or attached hereto as Appendix "A". All such amended provisions are hereby incorporated by 'reference herein and shall control over any conflicting provisions of the Original Contrail, including an$ previous amendments thereto. Add Applewav Trail Maintenance on the Pines to Evergreen and Sullivan to Corbin sections. Work to include yearly trail maintenance, natural area mows, weed application, irritation work and trailhead luowing. 4. Compensation Amendment Histort: This is Amendment #2 of the Original Contract. The history of amendments to the compensation on the Original Contract and all amendments is as follows: Date Or ginal Contract Amount 12/22/16 Amendment 01 10/24/17 Amendment #2 6/20/18 Total Amended Compensation Compensation $ 758,310.01 $ 0.00 $ .28.000.00 S 786,310.61 The parties have executed this Amendment to the Original contract this day ofJuly, 2018. CITY,OF SPOKANE,VALLEY: C ,ITV LC� /D Marls Calhounp City Manager 1 CONTRACTOR: S S% LAW: ins© '.r' CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND SENSKE LAWN AND TREE CARE, INC. Spokane Valley Contract #16-1.74.03 For good and valuable consideration, the legal sufficiency of which is hereby acknowledged, City and the Contractor mutually agree as follows: 1. Purpose: This Amendment is for the Contract for the Parks Maintenance Agreement by and between the Parties, executed by the Parties on December 22, 2016, and which terminates on December 31, 2020. Said contract shall be referred to as the "Original Contract" and its terms are hereby incorporated by reference. Total compensation under the Original Contract is not to exceed $758,310.01. 2. Original Contract Provisions: The Parties agree to continue to abide by those terms and conditions of the Original Contract and any amendments thereto which are not specifically modified by this Amendment. 3. Amendment Provisions: This Amendment is subject to the following amended provisions, which are as follows. All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Contract, including any previous amendments thereto. Additions to the existing agreement include Ajpleway Trail items of maintenance of two new restrooms maintenance of the Corbin trailhead. and mowing and maintenance of the new inte€s_ection Iandscaping between tin iversityand Pines, This amendment also includes the yearly maintenance of Myrna Park which includes litter cleanup and vegetation management 4. Compensation Amendment History: This is Amendment #3 of the Original Contract. The history of amendments to the compensation on the Original Contract and all amendments is as follows: Original Contract Amount Amendment #1 Amendment #2 Amendment #3 Total Amended Compensation Date 12/22/16 10/24/ 17 06/20/ 8 07/29/19 The parties have executed this Amendment to the Original Contract this CITY SPOKA V LrLEY: vv� �ti Mark Calhoun City Manager ATUES ,..- _I Christine Bainbridge, City Clerk Compensation $758,310.01 $ 0.00 $ 28,000.00 $ 12,600.00 S798,910.00 day of August, 2019. APPROVED TO FORM: � /1ii f the Cify rney S16ian�`,000Valley 10210 E Sprague Avenue ♦ Spokane Valley WA 99206 Phone: (509) 720-5000 ♦ Fax: (509) 720-5075 ♦ www.spokanevalley.org Email: cityhall@spokanevalley.org September 21, 2020 Contract No. 16-174.04 Senske Lawn & Tree Care Inc. 7115 E. Cataldo Avenue Spokane Valley, WA 99212 Re: Implementation of 2021-2023 option years, Agreement for Parks Maintenance Contract #16-174.00 executed December 22, 2016. Dear Senske Lawn & Tree Care Inc.: The City executed an Agreement for provision of Park Maintenance on December 22, 2016 by and between the City of Spokane Valley, hereinafter "City", and Senske Lawn & Tree Care Inc., hereinafter "Contractor" and jointly referred to as "Parties." The original Agreement states that it was for one year, with two optional three-year terms possible if the parties mutually agree to exercise the options each year. This is the second three-year renewal option of two possible three-year option years that can be exercised and runs through December 31, 2023. The City would like to exercise the second three-year renewal option years of the Agreement. The Compensation as outlined in Exhibit A, 2016 to the Agreement, includes the labor and material cost negotiated and shall not exceed $758,310.01. The history of the annual renewals, including dollar amounts, is set forth as follows: Original contract amount 1S' three-year renewal option Tax increase to 8.8% and Amendment #2 for $28,000 adding services for Appleway Trail: Pines to Evergreen and Sullivan to Corbin Tax increase to 8.9% and Amendment #3 for $12,600 adding additional services for Appleway Trail and Myrna Park 2" three-year renewal option $758,310.01 $758,310.01 $787,007.69 $800,305.31 $800,305.31 All of the other contract provisions contained in the original Agreement shall remain in place and remain unchanged in exercising this option year. If you are in agreement with exercising the second three-year option renewal, please sign below to acknowledge the receipt and concurrence to perform the second three-year renewal option years. Please return two copies to the City for execution, along with current insurance information. A fully executed original copy will be mailed to you for your files. CITY OF S.POK E VALLEY Mark Calhoun, City Manager APPROVED AS TO FORM: Office of t6 City Attotney SENSKE L & TREE CARE Title Firefox about:blank Office the Cl orney CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND SENSKE LAWN AND TREE CARE, INC.. Spokane Valley Contract #16-1741.05 For good and valuable consideration, the legal sufficiency of which is hereby acknowledged, City and the Contractor mutually agree as follows: 1. Purpose: This Amendment is for the Parks Maintenance Agreement by and between the Parties. executed by the Parties on December 22, 2016, and which terminates on December 31, 2023. Said contract is referred to as the "Original Contract" and its terms are hereby incorporated by reference. 2. Original Contract Provisions: The Parties agree to continue to abide by those terms and conditions of the Original Contract and any amendments thereto which are not specifically modified by this Amendment. 3. Amendment Provisions: This Amendment is subject to the following amended provisions, which are as follows. All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Contract, including any previous amendments thereto. Two new maintenance additions to this contract include: (1) the Evergreen to Sullivan section of the Applewav Trail, which includes a restroom and !railhead; and t21 the newly expanded CenterPtace West Lawn Plaza. This area adds a restroom, shelter, new hard surfacing and a new lighting system. The cost of these additions is S15,950.00 4. Compensation Amendment History: This is Amendment #5 of the Original Contract. The history of amendments to the compensation on the Original Contract and all amendments is as follows: Date Original Contract Amount 12/22/16 Amendment #1 10112-1!17 Amendment #2 06/20/18 Amendment #3 07/29/19 Amendment 3.1 09/30/20 Amendment #5 12/07/20 Total Amended Compensation Compensation S758.310.01 5 0.00 S 28.697.68 5 13.297.62 S 0.00 S 15,950.00 S816,255.31 The parties have executed this Amendment to the Original Contract this 7 day of December, 2020. CITY OF SPOKANE VALLEY: 'afiL r Mark Calhoun City Manager APPROVED AS TO FORM: J( CONTRACTOR: SENSKE LAWN & TR CARE. INC. 1 of 1 122/2020, 6:33 AM CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND SENSKE LAWN AND TREE CARE, INC. Spokane Valley Contract #16-174.06 For good and valuable consideration, the legal sufficiency of which is hereby acknowledged, City and the Contractor mutually agree as follows: 1. Purpose: This Amendment is for the Parks Maintenance Agreement by and between the Parties, executed by the Parties on December 22, 2016, and which terminates on December 31, 2023. Said contract is referred to as the "Original Contract" and its terms are hereby incorporated by reference. 2. Original Contract Provisions: The Parties agree to continue to abide by those terms and conditions of the Original Contract and any amendments thereto which are not specifically modified by this Amendment. 3. Amendment Provisions: This Amendment is subject to the following amended provisions, which are as follows. All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Contract, including any previous amendments thereto. As a result of a windstorm on January 13, 2021, additional emeri ency services were needed. This amendment is fora one-time lump sum payment of $31.983.85 for services that include: removing nine hazard trees, root balls, and debris: repairing irrigation system damage; and adding soil and sod to areas where trees were removed. 4. Compensation Amendment History: This is Amendment #6 of the Original Contract. The history of amendments to the compensation on the Original Contract and all amendments is as follows: Date Compensation Original Contract Amount 12/22/16 $758,310.01 Amendment #1 10/24/17 $ 0.00 Amendment #2 06/20/18 $ 28,697.68 Amendment #3 07/29/19 $ 13,297.62 Amendment #4 09/30/20 $ 0.00 Amendment #5 12/07/20 $ 15.950.00 Total Amended Compensation $816,255.31 Amendment fl6 (one-time payment) 01/29/21 $ 31,983.85 Total Amended Compensation $848,239.16 . The parties have executed this Amendment to the Original Contract this f`'��{{ day of February 2021. CITY OF SPOKANE VALLEY: CONTRACTOR: SENSKE LAWN & TREE k4/111 Mark Calhoun City Manager APPROVED AS FORM: Office of City At 1 CARE, INC. y:Efw►a ts: Rm.-rickifitclUI9fe., ACaRL , 11r . nA4 SENSLAW-01 r CMEYER CERTIFICATE OF LIABILITY INSURANCE V iv DATE tMMIDDIYYYYj 1/15/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Richland Office PHONE EMI:• (509) 946-6161 PayneWestInsurance, Inc. S-- 390 Bradley Blvd. E• cRE Richland, WA 99352 ADDRESS: INSURED Senske Lawn & Tree Care, Inc 400 North Quay Street Kennewick, WA 99336 ice, No):(866) 215.4862 INSURER(StAFFORDING COVERAGE wsuRERA:Western National Assurance Company NAIC # SURER 5 :Homeland Insurance Company of New York INSURER C : INSURER D : INSURER E : INSURER F : 24465 34452 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WYD(MMIDDIYYYYI POLICY NUMBER POLICY EFF POLICY EXP IMMIDD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE 1 X OCCUR X CPP 1224746 01 1/28/2021 1/28/2022 DAMAGETO RENTEDS (Ea occurrence) $ 500,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES jta PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 WA STOP GAP $ 1,000,000 A AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS y Ep !MVO CPP 1229649 02 1/28/2021 1/28/2022 [EaMBINBDD SINGLE LIMIT rpil $ 1,000,000 BODILY INJURY (Per person) $ INJURY (Per accident) J pBODILY (PeOr a deneAMAGE $ $ A X UMBRELLA LIAB EXCESS LIAB Xi OCCUR CLAIMS -MADE UMB 1038923 01 1/28/2021 1/28/2022 EACH OCCURRENCE $ 4,000,000 AGGREGATE 5 DED X RETENTION$ 10,000 $ 4,000,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY ECUT]VE - OFFIC£RIM IMBg R EXCLUDED [ J (Mandatory In NH) If yes, describe udder DESCRIPTION OF OPERATIONS below N IA PER STATUTE OTH- ER E.L. EACH ACCIDENT _ $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Equipment Floater B Commercial Pollution CPP 1224746 01 7930017960002 1/28/2021 1/28/2020 1/28/2022 POLICY LIMIT 1/28/2022 POLICY LIMIT 110,000 1,000,000 DESCRIPTION OF OPERATIONS i LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if mo a space is required) RE: Parks Maintenance 2017 Project No. 16-174.00. City of Spokane Valley is added as Additional Insured. CERTIFICATE HOLDER City of Spokane Valley Parks & Recreation Department 2426 N Discuovery Place Spokane Valley, WA 99216 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ® 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Labor & I ndustries _r Ini. wa, gow ) SENSKE LAWN & TREE CARE INC Owner or tradesperson SENSKE, CHRISTOPHER, PRESIDENT WAREHIME, DANIEL P. VICE PRESIDENT SENSKE, CATHERINE A, AGENT SENSKE LAWN 8. TREE CARE INC WA UBI Nu 600 124 706 400 N Quay St KENNEWICK, WA 99336 509-374-5003 BENTON County Business type Corporation CHRISTOPHER SENSKE CATHERINE A SENSKE; DANIEL WAREHIME; License Verify the contractor's active registration / license 1 certification (depending on trade) and any past violations. Construction Contractor Active Meets current requirements. GENERAL SENSKLT117PT 10/30/1989 01130/2023 Bond American States Insurance Co $12,000.00 675000589 Received by L&I 06/07/2012 04/20/2012 Until Canceled Insurance Western National Assur Co $1,000.000.00 CPP122970700 Effective date 01/13/2021 01/28/2020 Lxp,Yciion chte 01128/2022 Western National Assur Co $1.000.000.00 CPP122964900 Effective date 01/13/2021 01/28/2020 Expiration i:alr: 01/28/2022 Western National Assur Co $1,000.000.00 P ilicv nc CPP122474600 01/13/2021 0112812020 01 /2812022 Insurance history Savings No savings accounts during the previous 6 year period. Lawsuits against the bond or savings No lawsuits against the bond or savings accounts during the previous 6 year period. L&I Tax debts No L&I tax debts are recorded for this contractor license during the previous 6 year period, but some debts may be recorded by other agencies. License Violations No license violations during the previous 6 year period. Certifications & Endorsements OMWBE Certifications No active certifications exist for this business. Apprentice Training Agent No active Washington registered apprentices exist for this business. Washington allows the use of apprentices registered with Oregon or Montana. Contact the or to verify if this business has apprentices. Workers' Comp Do you know if the business has employees? If so, verify the business is up -to -dale on workers' comp premiums. Account is current. 156,937-00 Cniaq business SENSKE LAWN & TREE CARE INC Quarter 4 of Year 2020 "Greater than 100 Workers" TO 1 KARLA BOWMAN (360)902-5535 - Email: BOWK235@lni.wa.gov Public Works Requirements Verify the contractor is eligible to perform work on public works projects. Required Training— Effective July 1, 2019 Exempt from this requirement. Contractor Strikes No strikes have been issued against this contractor. Contractors not allowed to bid No debarments have been issued against this contractor. Workplace Safety & Health Check for any past safety and health violations found on jobsites this business was responsible for. 1110512020 317960797 1101 S 28th Ave Yakima, WA 98902 Under appeal. The results of the inspection are being challenged. Date. of,i.;).,1l 1111812020 !!v— (-7 '•Oc? NSLAWN1 ACORDF. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDlYYYY)2/1412022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Propel insurance 601 Union Street; Suite 3400 COM Construction Seattle, WA 98101-1371 NAMEACT Trisha Hankey No, Ext): 800 499 ❑933 (FNC, No): 866 877-1326 �PI-LO E-MAILDRSS: trisha.hankey@propelinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Alaska National Insurance Company 38733 INSURED Senske Lawn & Tree Care, Inc. 400 North Quay Street Kennewick, WA 99336 INSURER B : Homeland Insurance Compny of New York 34452 INSURER C INSURER 0 INSURER E : INSURER F : • LAJVCRIAL,C.7. v".,,, ,vr., ... ......... �.-. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADDL INSR SUBR wVD POLICY NUMBER POLICY EFF (MM/ROIYYYY) POLICY EXP (MMIDDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 22APS12454 01/28/2022 01/28/2023 EACH OCCURRENCE $ 1,000,000 $500,000 D PREMISES Eaoccurrence) CLAIMS -MADE X OCCUR $5,000 MED EXP (Any one person) X PD Ded: $5,000 PERSONAL & ADV INJURY $1 ,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE POLICY I X OTHER'. TWIT APPLIES PRJECOT- PER: LOC PRODUCTS-COMP/OPAGG $2,000,000 $ - - 01/28/2022 01/28/2023IE°aooident)INGLELIMIT $1,000,000 _ 22AAS12454 A AUTOMOBILE X X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEDULED AUTOS NON -OWNED AUTOS ONLY BODILY INJURY (Per person) 5 BODILY INJURY (Per accident) 5 PROPERTY DAMAGE (Per accident) $ $ s4,000,000 01/28/202 EACH OCCURRENCE 22ALU12454 01/28/2022 X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE A $4,000,000 AGGREGATE $ DEC X RETENTION $$10,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE,Y1 N OFFICERJMEMBER EXCLUDED? I N (Mandatory in NH) If yes, describe under D Leased Rented Equipment Llab. 22AIA1454 7930117170000 01/28/2022 01(28/2022 01/28/2023 07/28/2023 $220,000 $1,000 deductible $1M Limit/$10k Ded. ...Poll/Prof DESCRIPTION OF OPERATIONS ( LOCATIONS! VEHICLES (ACORD 1U1, Additional Remarks Schedule, may be attached if more space is required) RE: Operations performed by the Named Insured. Spokane Valley Parks and Recreation shall be included as Additional Insured per the attached endorsements. CERTIFICATE HOLDER CANCELLATION Spokane Valley Parks and Recreation 2426 N. Discovery Place Spokane, WA 99216 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1 of 1 #550110121M4993044 Q 1988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACT01 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 15, 2022 Check all that apply: ❑ consent ❑ old business ❑ information ® admin. report Department Director Approval: ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Administration Report: Balfour Park — Phase 1 Expansion GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: • 08/28/2007 Admin Report; Consensus to move forward with a Feasibility Study for Balfour Park • 09/11/2012 Administration Report - Spokane County Library District (SCLD) Interlocal Agreement • 09/25/2012 Passed motion to execute SCLD Interlocal Agreement for sale of a portion of the undeveloped Balfour Park to SCLD • 10/29/2013 Passed motion to accept Balfour Park/Library Conceptual plan • 12/17/2013 Passed motion to approve Resolution 13-013, adopting the Park & Rec Master Plan 2013 Update • 07/25/2017 Passed motion to approve 2017 amendments to the SCLD Interlocal Agreement for the sale of a portion of the undeveloped Balfour Park to SCLD • 11/12/2019 Passed motion to approve Resolution 19-015 adopting the Park & Rec Master Plan 2019 Update • 01/26/2021 Administration Report - SCLD Update by Director Patrick Roewe • 02/09/2021 Passed motion to approve 2021 amendments to the SCLD Interlocal Agreement for sale of a portion of the undeveloped Balfour Park to SCLD • 07/06/2021 Passed motion to authorize contract with AHBL for Park Design services • 07/27/2021 Administration Report — SCLD Library Design Update • 08/17/2021 Administration Report — Balfour Park Design Update • 08/24/2021 Administration Report — Potential & Pending Projects, with Council consensus to allocate $2M for the Balfour Park Concept • 10/26/2021 Administration Report — Balfour Park Design Update • 12/14/2021 Administration Report — Balfour Park Design and Bid Update • 03/15/2022 Potential Grant Opportunity — Recreation and Conservation Office (RCO) • 04/12/2022 Administration Report — Balfour Park Design and Bid Update • 08/30/2022 Passed motion to authorize Amendment #2 for AHBL for updated park design services BACKGROUND: On July 6, 2021, Council authorized the City Manager to execute a contract with AHBL, Inc. (AHBL) for design services of the Balfour Park Expansion. The design was to be completed in two phases. The Phase 1 project consisted of the main park infrastructure including excavation and grading, water, electric and sewer utilities, some of the park pathways and lighting system, the easterly parking lot, some landscaping/irrigation, and the new restroom building. Construction of the Phase 1 project was estimated at $3.1M. The Phase 2 project was to include the architectural park elements identified in the adopted Master Plan which consist of an events plaza, signature playground, splash pad, picnic shelter, sports courts, veterans' memorial, amphitheater, and a walking/interpretive trail. The City's anticipated costs and project budget for the Phase 1 project is shown below: Project Costs Preliminary Engineering $ 470,500 Construction $3,404,523 Total Estimated Costs $3,875,023 Project Budget City Fund 312 $3,875,023 Total Budget $3,875,023 The design and construction documents for the Phase 1 project were completed and staff advertised for construction bids on February 18, 2022. Three bids were opened on March 18, 2022. Unfortunately, the bids were substantially over the engineer's estimate and project budget. The low bid for the base project work was $5.0M and the high bid was $5.7M. Staff reviewed the bids and discussed them with the consultant as well as a few contractors. While the engineer's estimate from the consultant for Phase 1 was low, there were some unprecedented circumstances that contributed to the bid increase situation as follows: • Substantial inflation, locally and across the nation • Construction cost increases of more than 20% • Contractor availability and labor shortages, locally and across the nation are significantly impacting costs • Timing of the project bid The design team identified the following cost -saving opportunities: • Provide prefabricated restroom building instead of a site -built structure, minimizing labor from local tradespersons in this extremely tight labor market • Provide smaller landscape boulders and reuse existing boulder from Library construction • Allow more irrigation pump supplier options and revise irrigation layout and equipment • Use cast -in -place seatwalls instead of concrete masonry unit (CMU) seatwalls • Replace reinforced turf with concrete strips for plaza vehicle access • Reduce site conduits and eliminate those that are not needed for this phase while providing sleeves under hardscape for future • Replace stamped concrete with plain/integral color/sand finishes • Provide bid -alternates to allow flexibility at bid award depending on costs/budget AHBL is currently redesigning the contract documents and staff is coordinating with a restroom building manufacturer who has also started design efforts for the prefabricated structure that will be supplied by the City. Staff anticipates advertising for construction bids later in December with a planned bid opening in early January, for construction during the 2023 season. Due to the unprecedent bidding environment experienced in 2022, staff is recommending that some additional scope be included as potential additive alternate elements that could be awarded if Council chooses to add them, should bids be more favorable and/or if additional funding becomes available. Staff is recommending that the base bid include the main park infrastructure, including excavation and grading, water, electric and sewer utilities, some of the park pathways and lighting system, the easterly parking lot, some landscaping/irrigation, and utilities and electrical for the new restroom building. The estimated cost of the base bid for construction is $2,800,000. Adding anticipated preliminary engineering and construction administration of $797,023 results in a total project cost of $3,597,023 which is approximately $278,000 less than currently available budgeted funds. The base bid scope includes only a "temporary structure" (i.e. Tuff Shed or equal) to house the electrical and lighting control panels that would eventually be located in the restroom building. Since the existing restroom will be demolished with this project, there will be no restroom available after Phase 1 expansion is completed later next fall. Should additional funding become available, the connection to the prefabricated restroom building could be included as an additive alternate or done at a later date. The cost for the City to supply the restroom building is currently quoted at $950,000 but this pricing is subject to change. Staff recommends advertising the base bid with the following additive alternates in the event that favorable bids are received. As shown on the attached site plan and summary, the estimated cost of the additive alternate #1 is approximately $23,670 over the existing budget for the project. • Additive Alternate #1 — Events Plaza with Entry walk lights — estimated cost $301,665 • Additive Alternate #2 — Veteran's Memorial Plaza — estimated cost $306,773 • Additive Alternate #3 — Amphitheater "Arc" walk lights & food truck outlets - estimated cost $159,460 If additional funding was allocated to fund the purchase of the restroom building, the contract documents may include additive Alternate #4 which includes the final connection of the electrical and utilities to permanent prefab restroom structure which is estimated to cost $25,000. OPTIONS: 1) Authorize staff to finalize the construction contract documents and advertise the Phase I Balfour Park Expansion project with additive alternates #1 through #3 and supply the restroom structure at a later date when additional funding becomes available; or 2) Take other appropriate action. RECOMMENDED ACTION OR MOTION: Seeking consensus for Council to authorize staff to finalize the construction contract documents and advertise the Phase I Balfour Park Expansion project with additive alternates #1 through #3 and supply the restroom structure at a later date when additional funding becomes available. BUDGET/FINANCIAL IMPACTS: Presently, money earmarked for Balfour Park in Capital Reserve Fund #312 is approximately $3.875M. Additional funding of up to approximately $250,000 may be available for the project as shared improvements through the Library District MOU. Should City Council choose to add funding to the project for additional improvements, including the restroom, funding could be appropriated from the $950K remaining in the Expo Center project budget (Fund 312). STAFF CONTACT: Gloria Mantz, City Engineer Glenn Ritter, Senior Engineer/Project Manager ATTACHMENTS: Phase 1 Site Plan with Alternates #1 - 4 Phase 1 Construction Cost Estimate Summary --------- FUTURE LIBRARY SHOWN FOR REFERENCE ONLY NOT IN CONTRACT Balfour Park - Phase 1 Expansion Site Plan with Additive Alternates #1-4 November 15, 2022 MAIN AVENUE ►' dd Alt. #3 Amph. "Arc" Lights & Food Truck Outlets MAIN AVENUE --- Add Alt. #4 Electrical in permanent Restroom Building / Add Alt. #1 — Events Plaza & "Arc" lights FUTURE PLAYGROUND NIC Add Alt. #2 Vet's Plaza V3 SPRAGUE AVENUE rmssufflormwr RRNe�6lR9ND_A'?E!ryRRDeS�R��.41Y' FUTURE PICNIC; SHELTER NIC -. SPRAGUE AVENUE V \ v 0316 Balfour Park - Phase 1 Expansion 90% Construction Cost Estimate Summary Expected Base Bid Total - No Alternates Owner Furnished Contractor Installed (OFCI) CONSTRUCTION COST Preliminary Engineering IT (4 Sec. cams, 2 doors access cntrl) Sewer Connection Fee MEWCo Water and Electric -New Svc. Fees Materials Testing Other Costs (Staff time, printing, ads, & temp. signs) Subtotal of 'soft costs' Total Costs (Base Bid) Existing Funding Add Alt #1-Events Plaza (incls. Entry walk Lights) Total Costs (w/1 Add Alt.) Existing Funding Add Alt #2-Veteran's Memorial Plaza Total Costs (w/2 Add Alts.) Existing Funding Add Alt #3-Amph. Arc lights & Food Truck Outlets Total Costs (w/3 Add Alts.) Existing Funding Add Alt. #4-Electrical in permanent Restroom Building Total Costs (w/4 Add Alts.) Existing Funding City Provided Restroom Building Total Costs (w/4 Adds + Bldg) Existing Funding $2,770,000 $30,000 $2,800,000 $590,000 $15, 000 $0 $55,000 $30,000 $107,023 $797,023 $3,597,023 $3,875,023 Incls. Tax and NO contingency Site furniture & Electrical Shed Includes add services for AHBL $2,500 per camera and doors Not needed -existing service Need final MEWCo estimates Verified w/IMT $81K staff/benefits/misc. $278,000 Underbudget $301,670 incls. Tax $3,898,693 $3,875,023 ($23,670) Overbudget $306,780 incls. Tax $4,205,473 $3,875,023 ($330,450) Overbudget $159,460 incls. Tax $4,364,933 $3,875,023 ($489,910) Overbudget $25,000 Incls. Tax $4,389,933 $3,875,023 ($514,910) Overbudget $950,000 Incls. Tax $5,339,933 $3,875,023 ($1,464,910) Overbudget CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 15, 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: Law Enforcement Contract Renewal GOVERNING LEGISLATION: City of Spokane Valley Interlocal Agreement 17-104 PREVIOUS COUNCIL ACTION TAKEN: Interlocal Agreement for Law Enforcement Services as Provided by the Spokane County Sheriffs Office to the City of Spokane Valley, contract number 17-104, adopted by Council on July 25, 2017. Administrative report on March 29, 2022. Council approved the most recent Amendment on April 12, 2022. Administrative Report on May 3, 2022. Administrative report on June 7, 2022. Significant discussion at the Budget Workshop on June 14, 2022. Renewal discussion on July 26, 2022. BACKGROUND: The current interlocal agreement (ILA) with Spokane County for the provision of law enforcement services was adopted by Council in July 2017 for the 5-year period January 1, 2018, through December 31, 2022. The agreement is subject to renewal at the end of 2022 for another five-year period subject to Council approval. This is a continuation of the discussion regarding the renewal of the interlocal agreement. During past discussions, staff provided extensive information regarding the staffing and services provided under the interlocal agreement. In the previous presentation, Council was agreeable to staff pursuing some minor improvements to the current agreement. City staff have successfully completed negotiations with Spokane County and the Sheriff's Office. Below is a summary of the key points and changes included in the draft agreement renewal for Council consideration. Staffing Dedicated Commissioned Officers Section 5.1.1 — Sheriff shall provide a quarterly list of commissioned officer positions for the entire Sheriff's Office, showing filled and unfilled positions as well as whether any filled position is still in training. Section 8.3 - Sheriff and City Manager shall together decide how best to fill current and upcoming vacancies in a manner that is reasonable and fair to each party. Section 9.2.1 — Sheriff can only remove the Police Chief for just cause and must consider a formal response from the City Manager. This was a request from the Sheriff's Office. This allows more certainty once a Police Chief is selected that they will remain as Chief. Section 9.9 — City staff will participate in the Sheriff's Office Strategic Planning Session. This was a request from the Sheriff's Office. Exhibit 2 — Added performance measures to track vacancy fill rate and training completion rate. Shared Officers Section 5.1.2 - Notification requirement now applies to any shift of officers between units or change in ranks within units regardless of change to total number of officers. Page 1 of 3 Section 5.1.2 - Requires notification and estimated timeframe and associated costs for temporary moves as well as quarterly updates until a return to normal. Exhibit 4 — Transitions a training corporal to a technical support sergeant. Civilian Staff Section 5.1.3 - Sheriff shall provide an annual list and organizational chart of all civilian positions within the Sheriff's Office and shall provide notification to the City of any changes to civilian positions accompanied by cost and service level impacts. City is in process of contracting with a consultant to evaluate staffing needs and calls for service response. This will be completed in the first half of 2023 and will provide options for Council to consider regarding the number of patrol districts, the number of officers, and the minimum number of patrol officers per shift. Vehicles and Equipment Section 6.5 - County to provide annual asset list to identify assets already paid for by City and to prevent duplication of charges. Section 6.5 — Clarifies that Parties will not jointly purchase items without separate discussion and agreement in order to avoid ownership issues. Costs Section 6.1 — Parties will use fair allocation bases that properly account for all services delivered, including to outside agencies and jurisdictions. Section 6.1 — City shall not be charged for costs unrelated to the provision of City law enforcement services. Section 6.2 — The Parties may mutually agree to an adjustment to estimated costs due to vacancies or other related circumstances. Section 6.2 — Enhanced notification requirement to include budget change requests as well as budget amendments. Services Exhibit 1 — Services defined as needed to make it clear what the City is contracting for. Exhibit 1 — Added Traffic School and Extra Duty Employment as self-sustaining services supported entirely by client fees, with no charge to the City. Exhibit 2 — Added multiple workload indicators for SCOPE to receive an accurate assessment of work performed compared to costs. City will be contracting with a consultant to evaluate staffing needs and calls for service response. This will be completed in the first half of 2023 and will provide options for establishing service expectations regarding call types. Other Items Term (Section 4): Term is five -years and will run from January 1, 2023 through December 31, 2027. Renewal after 2027 is subject to City Council approval. City termination rights remain the same as current agreement. City may provide notice of termination after December 31, 2025. Termination is effective two years after notice is given. Miscellaneous modifications to standard terms. Spokane County legal provided numerous changes to standard terms (primarily Sections 18-41) to adjust to County standard language. Page 2 of 3 These changes do not change substantive terms of the agreement. City legal has reviewed these changes to ensure appropriateness. OPTIONS: Proceed to motion consideration or request additional changes. RECOMMENDED ACTION OR MOTION: Consensus to move to a motion consideration, approving the renewal of the interlocal agreement for law enforcement services and approving a second five-year term to begin January 1, 2023. BUDGET/FINANCIAL IMPACTS: 2022 Amended Budget for Law Enforcement Agreement is $25,333,601. The 2023 Budget for Law Enforcement is $27,151,157. STAFF/COUNCIL CONTACT: Erik Lamb, Deputy City Manager; Morgan Koudelka, Senior Administrative Analyst ATTACHMENTS: PowerPoint; Draft Amended Law Enforcement Interlocal Agreement will be provided at meeting. Page 3 of 3 *Wane 2022 LAW ENFORCEMENT CONTRACT RENEWAL pokane Valley WA 2003 City of Spokane Valley November 15, 2022 HISTORY OF AGREEMENT • 2003 - Original Contract • 2003 - SCOPE Contract • 2009 - ICMA Study: evaluation of contract services and in-house estimate. • 2010 - New Interlocal Agreement including revised cost methodology and adding Precinct Commander. • 2014 - Added 2 deputies, eliminated patrol corporals; created Power Shift and dedicated Spokane Valley Investigative Unit focused on property and drug crimes. • 2017 - Current Interlocal adopted incorporating Council Public Safety Goals. • 2021 - Homeless Services Deputy and Behavioral Health Deputy added to dedicated Spokane Valley officers. • 2022 - Final year of first five-year term for current Interlocal. Council approval required to renew agreement and start a new five-year term. 2 STATUS ➢At the July 26, 2022 Council Meeting, Council gave consensus to staff to proceed with negotiating for some enhancements in the current interlocal agreement for Council to consider for renewing the agreement for a second five-year term. ➢Staff has completed the negotiations and is presenting an agreement with those amendments for Council consideration. ➢Tonight's presentation will summarize the substantive changes to the agreement. 3 KEY CONSIDERATIONS ➢Very collaborative approach between City, Sheriff's Office, and Spokane Valley Command Staff in working through the proposed changes. ➢Largely a continuation of existing agreement and maintaining status quo. ➢City was able to include all of the items identified as opportunities in the changes. ➢These will allow the City more understanding over staffing, assets, and services provided, as well as control over costs. ➢City is in process of contracting with a consultant to evaluate staffing needs and calls for service response. This will be completed in the first half of 2023 and will provide options for Council to consider regarding the number of patrol districts, the number of officers, and the minimum number of patrol officers per shift. 4 STAFFING • Dedicated Commissioned Officers ➢ Section 5.1.1— Sheriff shall provide a quarterly list of commissioned officer positions for the entire Sherriff's Office, showing filled and unfilled positions as well as whether any filled position is still in training. ➢ Section 8.3 - Sheriff and City Manager shall together decide how best to fill current and upcoming vacancies. ➢ Section 9.2.1— Sheriff can only remove the Police Chief for just cause and must consider a formal response from the City Manager. ➢ This was a request from the Sheriff's Office. This allows more certainty once a Police Chief is selected that they will remain as Chief. ➢ Section 9.9 — City staff will participate in the Sheriff's Office Strategic Planning Session. ➢ This was a request from the Sheriff's Office. ➢ Exhibit 2 — Added performance measures to track vacancy fill rate and training completion rate. 5 STAFFING (CONY.) ➢ Shared Officers ➢ Section 5.1.2 - Notification requirement now applies to any shift of officers between units or change in ranks within units regardless of change to total number of officers. ➢ Section 5.1.2 - Requires notification and estimated timeframe and associated costs for temporary moves as well as quarterly updates until a return to normal. ➢ Exhibit 4 — Transitions a training corporal to a technical support sergeant. ➢ Civilian Staff ➢ Section 5.1.3 - Sheriff shall provide an annual list and organizational chart of all civilian positions within the Sheriff's Office and shall provide notification to the City of any changes to civilian positions accompanied by cost and service level impacts. ➢ City is in process of contracting with a consultant to evaluate staffing needs and calls for service response. This will be completed in the first half of 2023 and will provide options for Council to consider regarding the number of patrol districts, the number of officers, and the minimum number of patrol officers per shift. 6 VEHICLES AND EQUIPMENT ➢ Section 6.5 - County to provide annual asset list to: 1. Identify and track assets already paid for by City 2. Prevent duplication of charges. 3. Segregate assets paid for by other sources 4. Ensure accuracy of depreciation charges in cost plan Section 6.5 - No joint purchase without separate discussion and agreement in order to avoid confusion on ownership. COSTS ➢ Section 6.1- Parties will use fair allocation bases that properly account for all services delivered, including to outside agencies and jurisdictions. ➢ Section 6.1- City shall not be charged for costs unrelated to the provision of City law enforcement services. ➢ Section 6.2 - The Parties may mutually agree to an adjustment to estimated costs due to vacancies or other related circumstances. ➢ Section 6.2 - Enhanced notification requirement to include budget change requests as well as budget amendments. 8 SERVICES ➢ Exhibit 1 — Services defined as needed to make it clear what the City is contracting for. ➢ Exhibit 1 — Added Traffic School and Extra Duty Employment as self-sustaining services supported entirely by client fees, with no charge to the City. ➢ Exhibit 2 — Added multiple workload indicator for SCOPE to receive an accurate assessment of work performed compared to costs. ❖ City will be contracting with a consultant to evaluate staffing needs and calls for service response. This will be completed in the first half of 2023 and will provide options for establishing service expectations regarding call types. 9 OTHER ITEMS ➢ Term (Section 4) - Term is five -years and if approved, this renewal will run from January 1, 2023 through December 31, 2027. Renewal after 2027 is subject to City Council approval. City termination rights remain the same as current agreement. City may provide notice of termination after December 31, 2025. Termination is effective two years after notice is given. ➢ Miscellaneous modifications to standard terms: Spokane County legal provided numerous changes to standard terms (primarily Sections 18-41) to adjust to County standard language. These changes do not change substantive terms of the agreement. City legal has reviewed these changes to ensure appropriateness. 10 NEXT STEPS ➢Consensus to move forward to motion consideration to approve renewal and the amendments in the agreement. ➢Consultant to be selected in December and start in January to evaluate calls for service and staffing needs. ➢Meet with Sheriff, newly elected Sheriff, and SVPD Command Staff to facilitate transition into new term. 11 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 15, 2022 Department Director Approval: n Check all that apply: n consent n old business n new business n public hearing n information ® admin. report n pending legislation n executive session AGENDA ITEM TITLE: Governance Manual Committee PREVIOUS COUNCIL ACTION TAKEN: Mayor Haley, Deputy Mayor Higgins, and Councilmember Peetz were appointed to the Governance Manual Committee for calendar year 2022. October 4, 2022, Council heard an administrative report addressing several proposed changes, at which time Council determined they would like the subject brought forward again as an administrative report. BACKGROUND: The Governance Manual Committee consists of Mayor Pam Haley, Deputy Mayor Rod Higgins, Councilmember Brandi Peetz, City Manager John Hohman, City Attorney Cary Driskell, and City Clerk Chris Bainbridge. Deputy City Manager Erik Lamb also filled in as needed for City Attorney Cary Driskell. The committee met several times in April and September of this year. The following items were discussed at the October 4, 2022 Council meeting: 1. Roberts Rules of Order: add a statement on page 4 about Council following these Rules (see attached). 2. Three Touch Principle: keep three -touch principle in Governance Manual. 3. Formal meeting: removal of the second opportunity for general public comments. 4. Study Session meeting: consensus to change the form of the agenda as shown on the sample, which shows the addition of an opportunity for general public comment. This results in having one opportunity for general public comment at every regular meeting. [see attached sample] 5. Executive Session: [also see attached] a. Retroactivity — Council needs to identify whether the addition of the Executive Session provisions and the penalties will be prospective (only apply to future violations) or retroactive. If retroactive, how far back should the provisions apply? No specific statute of limitations exist. There is a general "catch-all" statute of limitation of two -years. b. Qualifications of independent investigator. Generally, investigators often have legal backgrounds, but no requirement to do so. Primary issue is to clearly outline that investigators must be independent from City. c. Procedures — Eliminated process to accept or reject report and instead the report is provided and Council then decides on whether to make a determination that a breach occurred and to impose penalty. 6. Public Comments: The City is authorized under the law to address conduct that actually disrupts City Council meetings. This includes conduct such as throwing papers, loud ongoing outbursts, continuing to talk well beyond allotted time after being asked to stop, and other similar conduct. Generally, public comments made during general comment periods do not rise to the level of being actually disruptive regardless of the nature of such comments. City Council are allowed to request speakers to keep comments to City business because the public comment period is an opportunity for comments on City business. Disruptive conduct and the removal of persons who actually disrupt City meetings is already included in the Governance Manual on pages 16-17 and provides a process for the City to remove people at the time of disruption and if they return and continue such conduct to suspend them from public comment for a period of up to 90 days after multiple warnings. 7. Remote Participation: per Council consensus, staff updated the verbiage (see attached). 1 8. Expense Reimbursement, and Travel Approval: (see Governance annual pages 36-38) a. Meals — change reimbursement to "per diem,": Per diem amounts are recommended at 35% above the amounts posted by General Services Administration. These amounts were reviewed against prior meal costs from all trips since 2017 and all reimbursed amounts were within this amount. Example amounts: City Olympia Seattle Vancouver Washington DC GSA Rates Daily Rate Breakfast Lunch Dinner IIncidental 574 517 $18 S34 579 518 $20 S36 $74 517 $18 S34 $79 518 $20 S36 55 55 $5 $5 Proposed Council Rates 135% above Daily Rate Breakfast Lunch Dinner Incidental $100 523 $107 524 $100 523 $107 524 $24 $27 $24 $27 S46 S49 S46 $7 $49 $7 $7 $7 Per diem amounts would be paid as follows depending on when a Councilmember left for and returned from a trip: Departure Day Depart before 8:00 am Breakfast, lunch and dinner Depart before 12:00 noon Lunch and dinner Depart after 12:00 noon Dinner Return Day Return before 12:00 noon Breakfast Return between 12:00 noon & 7:00 p.m. Breakfast and lunch Return after 7:00 p.m. Breakfast, lunch and dinner b. Lodging — remains as reimbursement for actual incurred cost of room. c. Mileage — Monthly mileage stipend of $25 for local travel within 15 miles of City Hall. This would replace current reimbursement process. Mileage for trips (e.g., AWC in Vancouver) would be based on IRS mileage rates as determined by mapping websites (such as Google maps) using shortest route. OPTIONS Discussion, and possible consensus to move some, all, none or other suggested changes forward via a Resolution to amend the Governance Manual; or bring back for further discussion, and/or postpone to a future meeting. RECOMMENDED ACTION OR MOTION: Council discretion BUDGET/FINANCIAL IMPACTS: n/a STAFF/COUNCIL CONTACT: City Manager John Hohman ATTACHMENTS As noted above; 2020 Governance Manual 2 INTRODUCTION [from page 4 of the track -change manual] In December 2002, prior to our City's official incorporation, then Mayor DeVleming appointed three members of Council to serve on an ad -hoc Governance Coordination Committee for the purpose of drafting Council Rules of Procedure, to serve as an aid to effective legislative and organizational harmony, and to provide procedural rules to conduct meetings efficiently, fairly, and uniformly. The end -product legislation of that Committee's four -month process was approved by Council at the May 13, 2003 Council meeting. That historic first manual also included Resolution 03-027, a General Policy Resolution of Core Beliefs, which was amended by Resolution 07-019, which can be found in full in Appendix B on page 47. RCW 35A.12.120 states in part, that "The council shall determine its own rules and order of business and may establish rules for the conduct of council meetings and the maintenance of order. City Council meetings shall be governed by the most recent edition of Roberts Rules of Order, a copy of which is maintained in the office of the City Clerk. However, in the event of a conflict between the Council's Governance Manual and Robert's Rules, the Council's Governance Manual shall prevail. This Manual has undergone several changes since its inception, with some sections remaining static over the years, such as Council meeting time and location, and other sections having been modified to include Internet use, filling Council vacancies, the use of social media, and the option for Councilmembers to view their packet electronically. This Manual is usually reviewed annually and at times amended to recognize additional topics or for clarification as the need arises. This Manual is designed to provide guidance for the City Council and is not intended to be an amendment or substitute for any state statutes, City ordinances, court decisions, or other authority. The rules and policies in this Manual do not constitute land use regulations, official controls, public hearing rules or other substantive rules binding upon or to be used or relied upon by members of the public, and do not amend statutory or other regulatory requirements. 3 Tuesday, AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT , 2022 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 reope Ready" plan, members of the public may attend Spok at the address provided above, or via Zoom a those items noted on the agenda a Zoom, comments must be received taken in -person at the meeting in Co 6:00 p.m. on under the "Washington ings in -person at City Hall comments will only be accepted for ortunitv." If wishing to make a comment via the day of the meeting. Otherwise, comments will be cil 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 ROLL CALL APPROVAL OF AGENDA GENERAL PUBLIC COMMENT OPPORTUNITY: 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. ACTION ITEMS: 1. Motion Consideration: 2. Motion Consideration: NON -ACTION ITEMS: 3. 4. Advance Agenda — Mayor Haley INFORMATION ONLY: 5. 6. Council Comments — Mayor Haley 7. City Manager Comments — John Hohman ADJOURN 4 3. Regular Meetings: Executive Sessions [from page 11-13 of the track -change manual] a. Executive sessions shall be held pursuant to the Open Public Meetings Act, chapter 42.30 RCW. Council may hold an executive session during a regular or special meeting. Before convening in executive session, the Presiding Officer shall ask for a motion from Council to publicly announce the purpose for adjourning into executive session; when the executive session will be concluded; and the likelihood of Council taking action at the close of the executive session and return to open session. i. At the close of the executive session and upon Council's return to chambers, the Presiding Officer will declares Council out of executive session, and asks for the appropriate motion (i.e. an action motion or a motion to adjourn). ii. To protect the best interests of the City, Councilmembers shall keep confidential all verbal and written information provided during executive sessions. Confidentiality also includes information provided to Councilmembers outside of executive sessions when the information is considered exempt from disclosure under the Code of Ethics for Municipal Officers (RCW 42.52) and/or the Public Records Act (RCW 42.56). b. Breach of Confidentiality: Claims of breach of confidentiality of executive sessions shall be investigated by an independent third -party firm. The investigator shall be a firm or individual with professional qualifications such as a legal degree or other similar professional experience in similar types of investigations. The investigator shall be selected by City Council under the City's applicable procurement process. If a Councilmember believes that confidential information discussed during an executive session conducted pursuant to RCW 42.30.110 has been disclosed to an outside party: i. The Councilmember shall request the Advance Agenda Committee to schedule an executive session for an upcoming meeting. ii. Upon agreement from Councilmembers at an Advance Agenda Committee meeting, an executive session shall be scheduled pursuant to RCW 42.30.110(f): "To receive and evaluate complaints or charges brought against a public officer or employee. However, upon the request of such officer or employee, a public hearing or a meeting open to the public shall be conducted upon such complaint or charge." iii. The Councilmember(s) alleged to have violated executive session confidentiality shall be permitted to attend the executive session regarding the complaint. iv. After an executive session, the Advance Agenda Committee may direct a motion consideration to be placed on an upcoming Council meeting agenda to direct a third -party investigator to conduct an investigation. v. If the motion is successful, the City Manager shall notify the third -party investigator to perform an investigation; the City Manager will provide a general outline of the allegations. The investigator shall collect evidence and compile the evidence into a report. vi. Upon completion of the investigation, the investigator will deliver the investigator's confidential written report to Council in executive session. The Councilmember(s) alleged to have violated executive session confidentiality shall also be permitted to attend the executive session Upon returning to open session, the Council may, by consensus, direct the City Manager to place the matter on an advance agenda for consideration. vii. If directed by Council, the City Manager shall place a motion on an upcoming Council meeting agenda for Council to consider the investigator's report and to consider the imposition of penalties in this section, at which time the report shall no longer be considered confidential. The Councilmember(s) subject to the claim of breach may request a public hearing prior to consideration of the motion. viii. Each Councilmember who is the subject of the complaint shall have up to five minutes to speak in open session or at the public hearing prior to Council's vote on whether the facts establish by a preponderance of the evidence a breach of executive session confidentiality and what action should be taken in the event a breach is found. c. Penalty for Breach of Confidentiality from Executive Session: i. If a majority of Council find that a breach of executive session confidentiality occurred, the Councilmember in breach of confidentiality is subject to removal from some or all committee assignments, which vote shall be voted on by the whole Council. 5 ii. Any penalty set forth in this Governance Manual is supplemental to any remedy allowed in law or equity, and is not intended to take the place of any financial or injunctive remedy authorized by state law in either chapters 42.23 or 42.30 RCW. bd. RCW 42.30.110 explains the purpose for holding an executive session, some of which include: i. RCW 42.30.110(1)(b). To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price (pending land acquisition). ii. RCW 42.30.110(1)(g). To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. [The only employee subject to this evaluation is the position of City Manager.] However, subject to RCW 42.30.140(4) (labor negotiations), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public. [Note: stating that an executive session's purpose is to discuss a "personnel matter" is not sufficient because only certain types of personnel matters are appropriate for discussion in an executive session.] (review qualifications of a public employee) iii. RCW 42.30.110(1)(h). To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public (review qualifications of an elected official). iv. RCW 42.30.110(1)(i). To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. For purposes of this subsection (1)(i), "potential/pending litigation" means matters protected by Rules of Professional Conduct (RPC) 1.6 or RCW 5.60.060(2)(a) concerning: (a) Litigation that has been specifically threatened to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party; (b) Litigation that the agency reasonably believes may be commenced by or against the agency, the governing body, or a member acting in an official capacity; or (c) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency. ee. Council may adjourn into executive session even if it is not listed on the meeting agenda. There is a requirement in RCW 35A.12.160 that the public be made aware of the preliminary agendas of meetings in advance of the meeting, but that does not mean that an item that arises after the agenda has been posted cannot be discussed at the meeting, even in executive session. Since final action on the matter would not be taken at the executive session, it would not violate any provision in state law to hold an executive session at a regular Council meeting even if the executive session was not listed on the agenda. [MRSC Index - General Government -Executive sessions.] Although amending the agenda is not required in order to adjourn into executive session, it is a good practice for the Mayor to announce at the beginning of the meeting, that Council will be adjourning into an executive session at the end of the regular meeting. f. Attendance at Executive Sessions. Attendance shall only be in person. Except in extreme circumstances, there shall be no virtual attendance at an Executive Session. The City Attorney or Deputy City Attorney shall attend executive sessions which address litigation or potential litigation. The question of who may attend an executive session other than the Council, is determined by the City Manager. 6 iv. Disruptive public conduct: [from page 16-17 of the current track change manual] a. Conduct in any form that interferes with Council's ability to timely conduct the business of the City will not be allowed. If a situation arises where a speaker exceeds the three minutes (unless permitted to continue by the Presiding Officer), is speaking on matters other than City business, or is otherwise disruptive in a manner that interferes with the ability of the Council to conduct the business of the City, the City Clerk, with permission of the Mayor, will turn off the microphone, and the Mayor will ask the speaker to please stop talking and step away from the podium. In the case of remote meetings, the speaker will be muted. b. If the speaker continues after the first request, the Mayor will ask the speaker once again to stop talking, and will warn the speaker that failure to stop will result in a suspension of their privilege to speak at public comment for 90 days. If the speaker continues, the Mayor will gavel in a five-minute recess. c. Upon return from recess, public comment will start again with a caution from the Mayor that if any other speaker refuses to stop talking after being asked to do so after the three minutes or is otherwise disruptive, the remainder of the public comment for the night will be terminated. d. If necessary in the discretion of the Presiding Officer, and in an attempt to reasonably calm a situation or resolve a conflict, the City Attorney or Deputy City Attorney shall act as a staff liaison with a member of the public who refuses to stop talking and refuses to move away from the podium. 7 8. Councilm b - �cct�nt Remote Participation [from page 19 of the current track change manual] a. Remote Council Meetings: In the event of unusual circumstances such as a pandemic or other health or safety emergency where Council meetings would need to be held in such a manner as to protect the health, safety and welfare of Council, staff and citizens, participation in such meetings shall be done remotely provided an option is available for the public to attend through internet or other electronic means. Council, staff and the public must be able to see and hear the meeting proceedings. At least a quorum of councilmembers must be able to participate. b. Remote Broadcast: All City Council meetings shall be broadcast live using an online remote meeting platform, such as Zoom, Microsoft Teams, or another similar platform, to allow citizens to attend the meetings remotely. Public comment will be accepted from remote attendees at the appropriate portion(s) of the meeting as defined per the agenda. c. Councilmembers may appear at a Council meeting by remote connection: Any Councilmember intending to attend a meeting remotely should notify the Mayor and City Clerk in advance of the meeting, such request shall be for reasons where the Councilmember cannot physically attend the meeting, and should be made only when necessary. Councilmembers' cameras should remain on for the duration of the remote meeting. If a technical problem prevents such participation where the remote Councilmember cannot hear or be heard, the Councilmember shall be counted as an excused absence and the technical difficulty shall be stated for the record. During any meeting that a Councilmember is attending remotely, the Mayor or presiding officer shall so state for the record at the beginning of such meeting. In instances where the Mayor is remotely attending a meeting, the Mayor will still function as the Presiding Officer. More then one member of Council may attend a meeting remotely, provided all together in person and remotely, there is a quorum of Councilmembers attending. b. Telephone or electronic Participation: On occasion, a Councilmember may be unable to physically attend a meeting, but wish to attend via telephone conference call. Provided there is technical availability for the Councilmember to hear the proceedings, be heard by those present, and be able to participate in Council discussion, a Councilmember may request such participation. Requests to participate in a Council meeting by motion. The Councilmember making the request, may also vote on the motion. More than one Councilmember may request participation via telephone for the same meeting, provided those Councilmembers would be able to be reached at the same phone number, as the Council Chamber's current system can only accommodate the use of one telephone number per meeting; and provided that a quorum any meeting that a Councilmember is attending via remote communication, the Mayor or presiding officer shall state for the record at the beginning of such meeting, that a particular Councilmember is attending via remote communication and the reason(s) for such attendance. 8 WORKING DRAFT — track change format NovOctober, 2022 Siokane jUalley Governance Manual Adopted by Resolution =T A Comprehensive Collection of Rules and Procedures Adopted July 14, 2020 Resolution 03-028 adopted 05-13-2003, replaced by Resolution 04-013 adopted 05-25-2004, replaced by Resolution 05-021 adopted 09-13-2005, replaced by Resolution 06-022 adopted 11-14-2006, replaced by Resolution 07-020 adopted 12-11-2007, replaced by Resolution 09-012 adopted 09-08-2009, replaced by Resolution 10-020 adopted 12-28-2010, replaced by Resolution 12-002 adopted 04-10-2012, replaced by Resolution 13-005 adopted 04-23-2013, replaced by Resolution 14-003 adopted 02-25-2014, replaced by Resolution 15-007 adopted 08-11-2015, replaced by Resolution 16-012 adopted 11-01-2016, replaced by Resolution 18-008 adopted 11-13-2018, replaced by Resolution 18-011 adopted 12-18-2018, replaced by Resolution 20-010 adopted 07-14-2020, replaced by Re solution Page 1 of 63 TABLE OF CONTENTS Introduction 4 Executive Summary 5 CHAPTER 1: Council Meetings 7 A. General 8 1. Time and Location 8 2. Open to the Public 8 3. Presiding Officer 8 B. Meetings 8 1. Regular Meetings Formal Format . 8 2. Regular Meetings: Study Session Format 8 3. Regular Meetings: Executive Sessions . 11 4. Special Meeting 12 5. Emergency Meetings 14 6. Pre-Agenda/Advance Agenda Meeting 14 7. Cancellation of Meetings 14 C. Meeting Rules and Procedures 14 1. Public Comments 14 2. Council Rules of Order . 16 3. Quorum 16 4. Seating Arrangement 16 5. Attendance 16 6. Respect and Decorum 17 7. Dissents and Protests . 17 8. Councilmcmbcr Meeting Remote Meetings/Participation . 17 9. Internet Use 17 10. Adjournment Due to Emergency or Disruption 18 11. Permission Required to Address the Council 18 12. Approaching the Dais 18 13. Out of Order (sequence) Requests . 18 14. Photographs, Videos etc. Requiring Artificial Illumination Prior Permission Required 19 15. Placing Items on an Agenda 19 16. Motions and Discussion 19 Table of Parliamentary Procedure at a Glance 21 17. Voting 22 18. Recusal from Discussion and Consideration 22 19. Ordinances 23 20. Resolutions 24 21. Community Recognition Program . 25 22. Proclamations 25 23. Taxes: Increasing or imposing new taxes 26 24. Hearings 26 25. Reconsideration 27 26. Council Materials/packets . 28 27. Three Touch Principle 28 CHAPTER 2: Legislative Processes and Procedures 30 A. Election of Council Officers 31 B. Filling Council Vacancies . 31 C. Legislative Agendas . 34 D. Council Travel Allocation 34 E. Council Expense Reimbursement Policy 34 Page 2 of 63 F. Ballot Measures 36 CHAPTER 3: Council Contacts 38 A. Citizen Contacts and Interactions . 39 1. Mayor/Council Correspondence 39 2. Citizen Concerns, Complaints and Suggestions to Council 39 3. Administrative Complaints to Individual Councilmembers 39 4. Social Media 39 5. Donations 39 B. Staff Contacts and Interactions . 40 1. Role of the City Manager 40 2. City staff Attendance at Meetings 40 3. City Clerk — Minutes 40 4. Administrative Interference by Councilmembers 40 5. Informal Communications Encouraged 40 CHAPTER 4: Committees, Boards, Commissions 42 A. Regional Committees, Commissions and Boards 43 1. Committees . 43 2. Council Relations with Boards, Commissions, Advisory Bodies 43 B. In-house Committees, Boards, etc. 43 1. Standing Committees 43 a. Planning Commission . 44 b. Lodging Tax Advisory Committee ... 44 c. Finance Committee 44 d. Governance Manual Committee 45 e. Advance Agenda Committee 45 C. Private Committees, Boards, Commissions 45 Appendices: A. Public Hearings, Quasi -Judicial 46 B. Resolution 07-019 Core Beliefs 47 C. Statement of Ethics 49 D. Frequently Used Acronyms 50 E. Application for City Council Member 53 F. Request to Transfer Travel Allocation from One Councilmember to Another . 56 G. Definitions 58 Index 59 Endnotes 61 Page 3 of 63 INTRODUCTION In December 2002, prior to our City's official incorporation, then Mayor DeVleming appointed three members of Council to serve on an ad -hoc Governance Coordination Committee for the purpose of drafting Council Rules of Procedure, to serve as an aid to effective legislative and organizational harmony, and to provide procedural rules to conduct meetings efficiently, fairly, and uniformly. The end -product legislation of that Committee's four -month process was approved by Council at the May 13, 2003 Council meeting. That historic first manual also included Resolution 03-027, a General Policy Resolution of Core Beliefs, which was amended by Resolution 07-019, which can be found in full in Appendix B on page 47. RCW 35A.12.120 states in part, that "The council shall determine its own rules and order of business and may establish rules for the conduct of council meetings and the maintenance of order. City Council meetings shall be governed by the most recent edition of Roberts Rules of Order, a copy of which is maintained in the office of the City Clerk. However, in the event of a conflict between the Council's Governance Manual and Robert's Rules, the Council's Governance Manual shall prevail. This Manual has undergone several changes since its inception, with some sections remaining static over the years, such as Council meeting time and location, and other sections having been modified to include Internet use, filling Council vacancies, the use of social media, and the option for Councilmembers to view their packet electronically. This Manual is usually reviewed annually and at times amended to recognize additional topics or for clarification as the need arises. This Manual is designed to provide guidance for the City Council and is not intended to be an amendment or substitute for any state statutes, City ordinances, court decisions, or other authority. The rules and policies in this Manual do not constitute land use regulations, official controls, public hearing rules or other substantive rules binding upon or to be used or relied upon by members of the public, and do not amend statutory or other regulatory requirements. Page 4 of 63 EXECUTIVE SUMMARY FOUNDATION: The City of Spokane Valley incorporated March 31, 2003, and is a non -charter code city operating under a Council -Manager plan of government as outlined in chapter 35A.13 RCW Optional Municipal Code for Council -Manager plan of government. Under this form of government, there are two branches of government: legislative and administrative. PURPOSE OF CITY GOVERNMENT: The general purpose of local government is to promote the social, economic, environmental and cultural well-being of the community, to ensure that resources are used efficiently and effectively, to ensure transparency and accountability in decision -making, and to provide the prudent use and stewardship of local community resources. These statements should be considered the lens through which this Manual is intended and through which the actions of the City Council and staff are viewed. The City recognizes that individual rights are critically important in our society, and the City is committed to not infringe upon those rights whenever possible. Good governance should reflect the will of the citizenry and can only occur as a result of an open public process: "All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights." (Washington State Constitution Article I, Section 1) OBLIGATIONS: The City acknowledges the importance of complying with the Open Public Meetings Act and the Public Records Act: "The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created." RCW 42.30.010 and 42.56.030. RCW 42.30.010 Open Public Meetings Act: "The legislature finds and declares that all public commissions, boards, councils, committees, subcommittees, departments, divisions, offices, and all other public agencies of this state and subdivisions thereof exist to aid in the conduct of the people's business. It is the intent of this chapter that their actions be taken openly and that their deliberations be conducted openly." Unless as part of an executive session, Councilmembers shall not meet as a quorum of four or more in a non-public meeting. Unless as part of a duly noted Council meeting, a quorum of four or more Councilmembers shall not meet as part of a web conference dealing with City business, nor a conference call, serial communication, social media or even a "straw poll" in executive session. The Open Public Meetings Act does not prohibit a quorum or more of Councilmembers meeting at social gatherings or events provided City issues are not discussed. If Councilmembers are involved in a violation of the Open Public Meetings Act, and are aware that their actions violate the Act, they may be personally liable. If the violation is not intentional, the City may still be liable for attorney's fees. However, elected officials' right to speak freely and gather publicly is protected by the First Amendment of the U.S. Constitution. RCW 42.56.030 Public Records Act: "This chapter shall be liberally construed and its exemptions narrowly construed to promote this public policy and to assure that the public interest will be fully protected. In the event of conflict between the provisions of this chapter and any other act, the provisions of this chapter shall govern." PRIORITIES: The City's priorities are public safety, pavement preservation, transportation and infrastructure (including grade separations and park related projects), and economic development. Additional information on priorities and Council goals can be found in each year's budget, as well as the City's annual Business Plan. BASIC TENETS: Council's core values and basic tenets of governing can be found in Resolution 07-019, which is included in its entirety in Appendix B on page 47 of this Manual. BRANCHES OF CITY GOVERNMENT: The Council is the legislative branch of the City government. Council appoints an officer whose title shall be "City Manager" and who shall be the chief executive officer and head of the administrative branch of the City government. "The City Page 5of63 Manager shall be responsible to the Council for the proper administration of all affairs of the code city." RCW 35A.13.010. Legislative Branch: City Council. The City Council consists of seven elected officials, each elected to four-year terms. Individual Councilmembers do not have governing power as individuals, but only when meeting as a Council when a quorum (four or more) are present. Council represents the City residents and business owners of the City of Spokane Valley, and is the law -making, policy -making, and budget and spending approval authority of the City government. Council hires, directs, guides and evaluates the performance of the City Manager. The City Manager shall be appointed for an indefinite term and may be removed by a majority vote of the Council (RCW 35A.13.130), or as otherwise agreed to by contract. For functions of the Mayor and Deputy Mayor, see also Chapter 3(B)(1) of this Manual. Some of the duties, responsibilities, and limitations of each Councilmember: • Brings the experience, concerns and knowledge of a typical City resident to City government. • Is cognizant of the needs, wants and concerns of City residents and businesses as a whole. • Contacts residents and businesses to gather feedback and ideas. The resulting information may be shared with staff or other Councilmembers individually, or with fewer than two simultaneously (but not serially), or with all Councilmembers at a Council meeting • Studies internal and external written and documented information related to the government and administration of the City. • Is prohibited from giving City employees directives, or saying anything that could be taken as an attempt to influence the conduct of the employee's job • Gives feedback and ideas regarding City government and administration to the City Manager. • Participates in assigned City and regional committees and all Council meetings. • When acting in the capacity of Councilmember outside of Council meetings, communicates that any personal opinion is the opinion of the individual Councilmember and not that of the collective Council, unless pre -authorized to speak, as Council does not want the public to assume that any individual personal opinion represents that of the entire Council. Councilmember's freedom of speech is protected by the U.S. and Washington State Constitutions. Provided there is no quorum, Councilmembers may work together on City Council -related projects and discuss City business in non-public meetings. No permission is needed, nor is notice required to be given for such gathering. Administrative Branch: The City Manager and City Staff. The City Manager is the City's chief executive officer and head of the administrative branch. The City Manager is an at -will position and reports directly to the Council. The City Manager is directly accountable to the City Council for the execution of the City Council's policy directives, for the administration and management of all City departments, and for the supervision of all members of staff. (See Chapter 3(B) of this Manual and chapter 35A.13.RCW for a description of the role of the City Manager.) Although this summary is provided as an overview of the Governance Manual, reading the entire Manual is strongly encouraged. Page 6 of 63 CHAPTER 1 Council Meetings Page 7of63 A. General 1. Council Meetings - Time and Location Regular meetings of the City Council shall be held at Spokane Valley City Hall Council Chambers on Tuesdays beginning at 6:00 p.m. Pursuant to RCW 42.30.070: "If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day." As noted, in such case, the meeting held on the next business day after a holiday would also be a regular meeting, as opposed to a special meeting. The Council always has the option of cancelling such meeting. 2. Council Meetings - Open to the Public All meetings of the City Council and of committees thereof shall be open to the public except as provided for in RCW 42.30.110 (Executive Sessions), or RCW 42.30.140 (Open Public Meetings Act). 3. Presiding Officer The Mayor shall preside at meetings of the Council and be recognized as the head of the City for all ceremonial purposes. The Mayor shall have no regular administrative or executive duties unless specifically set forth herein. In case of the Mayor's absence or temporary disability, the Deputy Mayor shall act as Mayor during the continuance of the absence. In case of the absence or temporary inability of the Mayor and Deputy Mayor, an acting Mayor Pro Tempore selected by majority vote of the remaining members of the Council, shall act as Mayor during the continuance of the absences [RCW 35A.13.035]. The Mayor, Deputy Mayor (in the Mayor's absence) or Mayor Pro Tem are referred to as "Presiding Officer" from time to time in these Rules of Procedure. B. Meetings 1. Regular Meetings: Formal Format a. Normally held 2nd and 4th Tuesdays. The City Clerk, under the direction of the City Manager in consultation with the Mayor, shall arrange a list of proposed matters according to the order of business and prepare an agenda for the Council. On or before close of business on a Friday preceding a Tuesday Council meeting, or at the close of business at least 24 hours preceding a special Council meeting, a copy of the agenda and supporting materials shall be prepared for Councilmembers, the City Manager, appropriate staff, and the media who have filed a notification request. b. Requests for presentations from outside entities or individuals to be placed on a future agenda, will only be permitted if they are considered the official business of the City. Such requests should be submitted to the City Clerk at least 10 days prior to the appropriate Council meeting. The City Clerk shall consult with the City Manager and the Mayor for a determination of whether the matter is an administrative issue, and whether it should be placed on an upcoming Council agenda. Playing of videos, DVD's, PowerPoints, or other electronic presentations shall be pre-screened and pre -approved by the City Manager who shall determine the appropriateness of the material. In the event the presenter has no PowerPoint or other material to submit prior to the meeting, the presenter shall be requested to provide a brief written summary of the topic and items to be discussed. All written materials, including the written summary, must be submitted to the City Clerk at least ten days prior to the appropriate Council meeting. c. Forms of Address. The Mayor shall be addressed as "Mayor (surname)." The Deputy Mayor shall be addressed as "Deputy Mayor (surname)." Members of the Council shall be addressed as "Councilmember (surname)" unless waived by the Presiding Officer. d. Order of Business. The business of all regular formal meetings of the Council shall be transacted as follows, provided however, that the Presiding Officer may, during a Council meeting, rearrange items on the agenda to conduct Council business more expeditiously, without the necessity of a formal action or motion. However, adding or removing items from the agenda once a meeting has been called to order requires Council to make a motion and vote on approving the "amended agenda." Page 8of63 i. Call to Order by the Presiding Officer ii. Invocation iii. Pledge of Allegiance iv. Roll Call (See Chapter 1, C4b [page 16] for procedure to excuse an absence) v. Approval of Agenda/Amended Agenda. In case of an emergency or an extremely time -sensitive issue which neither the administration nor the entire Council was aware of prior to the distribution of the agenda and accompanying materials, a new item may be introduced by a Councilmember, and suggested as an amended agenda item for the present meeting. If a new item(s) is added, Council shall then consider a motion to approve the amended agenda. ("Three -Touch Principle" should be followed whenever possible.) It is preferable that any motion to amend the agenda be made at the onset of the meeting in place of `Approval of Agenda,' recognizing that there will emergencies or other situations when such motion to amend the agenda might need to be made at other times during the meeting. vi. Introduction of Special Guests and Presentations. vii. Councilmember Reports. Council or government -related activities (e.g. synopsis of committee, commission, task force or other board meetings). These verbal reports are intended to be brief, City work -related reports of significance in keeping the Council informed of pertinent policy issues or events stemming from their representation of the City on a regional board, committee, task force or commission, whether as a formal or informal member. Extended reports shall be placed as future agenda items for presentation or submitted in writing as an informational memo. viii. Mayor's Report. Same as `vii' above except given by the Mayor ix. Proclamation. The Mayor will announce the proclamation, announce who has requested this proclamation and after the Mayor or Councilmember reads the proclamation, invites that person or other appropriate person to the podium. The original proclamation will be handed to that appropriate person by the City Clerk or the Mayor, and the individual will be permitted to speak for one or two minutes. x. Public Hearings (See Chapter 4 for procedural details) xi. Public Comments: See Section "C Meeting Rules and Procedures" xii. Consent Agenda. Items which may be placed on the Consent Agenda are those which have been previously discussed by the Council; can be reviewed by a Councilmember without further explanation; are so routine, technical or nonsubstantive in nature that passage without discussion is likely; or are otherwise deemed in the best interest of the City. The proper Council motion on the Consent Agenda is: "I move approval of the Consent Agenda." This motion has the effect of moving to approve all items on the Consent Agenda. Prior to the vote on the motion to approve the Consent Agenda, the Presiding Officer shall inquire if any Councilmember wishes an item to be withdrawn from the Consent Agenda. If any matter is withdrawn, the Presiding Officer shall place the item at an appropriate place on the agenda for the current or a future meeting, or the matter may be addressed immediately after passage of the remaining items on the Consent Agenda. xiii. Unfinished Business. [includes matters that were pending when a previous meeting adjourned, or matters specifically postponed to the present meeting] xiv. New Business [Action items are designated as New Business] Any member of the public who wishes to verbally address the Council on an action item on the current agenda, shall proceed to the podium at the time when comments from the public are invited during the agenda item discussion. The Council may hear such comments before or after initial Council discussion. The Presiding Officer may also invoke a sign -in procedure. If necessary the Presiding Officer in consultation with the City Manager and/or City Attorney shall rule on the appropriateness of verbal public comments as the agenda item is reached. The Presiding Officer may change the order of speakers so that comment is heard in the most logical groupings. xv. Public Comments. See Section "C Meeting Rules and Procedures" xvi. Administrative Reports (includes the Advance Agenda) or tracking of an administrative issue or topic. xvii. Information Only Items These items are generally not discussed or reported. xvii Council Comments City Manager Comments xixvix. Executive Session (as required) (See Chapter 1, section Blc below) Page 9 of 63 xx- Adjournment. No Council meeting should be permitted to continue beyond approximately 9:00 p.m. without approval of a majority of the Councilmembers present. A new time limit shall be established before taking a Council vote to extend the meeting. When a motion is made to adjourn into Executive Session for a specified period of time, and if the executive session is the last item on a regular agenda, no additional motion is needed to extend the meeting beyond 9:00 p.m. since that is implied as part of the motion to adjourn into Executive Session. In the event that a meeting has not been closed or continued by Council as herein specified, the items not acted on shall be deferred to the next regular Council meeting, unless the Council by a majority vote of members present determines otherwise. 2. Regular Meetings: Study Session Format a. Normally held 1st 3rd and 5th Tuesdays. The purpose of the study session format is to allow Councilmembers to be made aware of impending business and allow informal discussion of issues that might be acted on at a future meeting. Action items areshould normally not be included on a study session agenda, although there will -be times when due to deadlines or other pressing or time sensitive issues, action items must be included. Study sessions shall be in a less formal setting than regular formal meetings. Council may be seated other than at the dais, but shall not discourage public observation. If an item is Unless there are designated as an action item.,f, which permit public comment will be permitted on that motion/item unless a public hearing on the item was previously held. , there shall be no There shall be one general public comment at study sessions for the public to comment on items that relate to the operation of the City although the Council may request staff or other participation in the same manner as a regular formal Council meeting. The City Clerk, under the direction of the City Manager, shall arrange a Council study session agenda for the meeting. A copy of the agenda and accompanying background materials shall be prepared for Councilmembers, the City Manager, appropriate staff and the press, on or before close of business on a Friday preceding a Tuesday Council meeting. Councilmembers have the option of accessing their Council packet via the City's website. Unless notified otherwise, the City Clerk shall prepare a hard copy agenda packet for individual Councilmembers. b. Action Items. Although action items may be included on a study session agenda, it is the preference of Council to keep those instances to a minimum. Because a study session is a recognized meeting according to the "Open Public Meetings Act," it is permissible for Council to take final action during these meetings. As in the formal format meetings, public comment will be allowed on action items. c. Unscheduledcxpected Motions. Because study sessions are usually understood by the public and media as referring to meetings at which Council considers and discusses items and does not take final action or vote, it could be misleading to the public as to the purpose of the meeting if a motion is made unexpectedly. As it is Council's practice to invite public comment after most motions, it would be inappropriate to make a "surprise" motion unless there is a rare special circumstance. Voting or making a motion when neither is included on an agenda does not violate state law, but for consistency sake and to avoid any surprises to the public and media, the practice is discouraged. d. Presiding Officer's Role. The role of the Presiding Officer is to facilitate free flowing discussion without the necessity of each Councilmember being recognized by the Presiding Officer. The Presiding Officer retains the option of assuming the function of the discussion leader at any time in order to maintain decorum and ensure all Councilmembers have the opportunity to be heard, and to keep the discussion properly focused. e. Outside Requests. Outside requests to be included on a Council agenda will only be permitted if they are considered the official business of the City. Such requests should be submitted to the City Clerk at least 10 days prior to the appropriate Council meeting. The City Clerk shall consult with the City Manager and the Mayor for a determination of whether the matter is an administrative issue, and whether it should be placed on an upcoming Council agenda. Playing of videos, DVD's, PowerPoints, or other electronic presentations shall be pre-screened and pre -approved by the City Manager or designee, who shall determine the appropriateness of the material. In the event the presenter has no PowerPoint or other material to submit prior to the meeting, the presenter shall be requested to provide a brief written summary of the topic and items to be discussed. All Page 10 of 63 written materials, including the written summary, shall be submitted to the City Clerk at least 10 days prior to the appropriate Council meeting. f. Forms of Address. Councilmembers and staff have the option of addressing each other on a first name basis during the study session format meetings. g. Order of Business. The business of all study session meetings of the Council shall be transacted as follows, provided, however, that the Presiding Officer may, during a Council meeting, rearrange items on the agenda to conduct Council business more expeditiously, without the necessity of a formal action or motion. However, adding or removing items from the agenda once a meeting has been called to order requires Council to make a motion and vote on approving the "amended agenda." i. Call to Order ii. Roll Call_ The City Clerk shall conduct a roll call of Councilmembers (See Chapter 1, CII page 16 for procedure to excuse an absence.) iii. Approval of Agenda/Amended Agenda. In case of an emergency or an extremely time -sensitive issue which neither the administration nor the entire Council was aware of prior to the distribution of the agenda and accompanying materials, a new item may be introduced by a Councilmember, and suggested as an amended agenda item for the present meeting. If a new item(s) is added, Council shall then consider a motion to approve the amended agenda. ("Three -Touch Principle" should be followed whenever possible.) It is preferable that a motion to amend the agenda be made at the onset of the meeting in place of `Approval of Agenda,' recognizing that there will emergencies or other situations when such motion to amend the agenda couldwill be made at other times during the meeting. iv. Proclamation (as needed) v. Public Comments: See Section "C Meeting Rules and Procedures" vi. Action items (as needed) vii. Non -action items i- Presenter's Role. During the Council study session, the presenter should introduce the subject and give background information, identify the discussion goal, act as facilitator to keep the discussion focused toward the goal, and alert the Presiding Officer when it is appropriate, to schedule the topic for a motion or official direction of the Council. viii. Advance Agenda ixv. Information Only Items. These items are generally not discussed or reported. vi. Information Only Items These items are generally not discussed or reported. xizii. Council CommentsCheck in: The purpose of this item is to allow Councilmembers an opportunity to report on an activity or key issue which either just arose, needs immediate or imminent action, or to simply report on something in connection with their role as a Councilmember, that transpired since the last Council meeting. It is also an opportunity for Councilmembers to bring up topics for clarification or to address other upcoming concerns. xi 4ii. City Manager Comments: The purpose of this agenda item is to allow the City Manager the opportunity to brief Council on activities or issues which either just arose, needs immediate or imminent action, or to simply inform Council of items that transpired since the last Council meeting, or will occur before the next Council meeting. xii. Executive Session (as needed) xiiii*. Adjourn. No Council meeting should be permitted to continue beyond approximately 9:00 p.m. without approval of a majority of the Councilmembers present. A new time limit shall be established before taking a Council vote to extend the meeting. 3. Regular Meetings: Executive Sessions a. Executive sessions shall be held pursuant to the Open Public Meetings Act, chapter 42.30 RCW. Council may hold an executive session during a regular or special meeting. Before convening in executive session, the Presiding Officer shall ask for a motion from Council to publicly announce the purpose for adjourning into executive session; when the executive session will be concluded; and the likelihood of Council taking action at the close of the executive session and return to open session. Page 11 of 63 i. At the close of the executive session and upon Council's return to chambers, the Presiding Officer will declares Council out of executive session, and asks for the appropriate motion (i.e. an action motion or a motion to adjourn). ii. To protect the best interests of the City, Councilmembers shall keep confidential all verbal and written information provided during executive sessions. Confidentiality also includes information provided to Councilmembers outside of executive sessions when the information is considered exempt from disclosure under the Code of Ethics for Municipal Officers (RCW 42.52) and/or the Public Records Act (RCW 42.56). b. Breach of Confidentiality: Claims of breach of confidentiality of executive sessions shall be investigated by an independent third -party firm. The investigator shall be a firm or individual with professional qualifications such as a legal degree or other similar professional experience in similar types of investigations. The investigator shall be selected by City Council under the City's applicable procurement process. If a Councilmember believes that confidential information discussed during an executive session conducted pursuant to RCW 42.30.110 has been disclosed to an outside party: i. The Councilmember shall request the Advance Agenda Committee to schedule an executive session for an upcoming meeting. ii. Upon agreement from Councilmembers at an Advance Agenda Committee meeting, an executive session shall be scheduled pursuant to RCW 42.30.110(f): "To receive and evaluate complaints or charges brought against a public officer or employee. However, upon the request of such officer or employee, a public hearing or a meeting open to the public shall be conducted upon such complaint or charge." iii. The Councilmember(s) alleged to have violated executive session confidentiality shall be permitted to attend the executive session regarding the complaint. iv. After an executive session, the Advance Agenda Committee may direct a motion consideration to be placed on an upcoming Council meeting agenda to direct a third -party investigator to conduct an investigation. v. If the motion is successful, the City Manager shall notify the third -party investigator to perform an investigation; the City Manager will provide a general outline of the allegations. The investigator shall collect evidence and compile the evidence into a report. vi. Upon completion of the investigation, the investigator will deliver the investigator's confidential written report to Council in executive session. The Councilmember(s) alleged to have violated executive session confidentiality shall also be permitted to attend the executive session Upon returning to open session, the Council may, by consensus, direct the City Manager to place the matter on an advance agenda for consideration. vii. If directed by Council, the City Manager shall place a motion on an upcoming Council meeting agenda for Council to consider the investigator's report and to consider the imposition of penalties in this section, at which time the report shall no longer be considered confidential. The Councilmember(s) subject to the claim of breach may request a public hearing prior to consideration of the motion. viii. Each Councilmember who is the subject of the complaint shall have up to five minutes to speak in open session or at the public hearing prior to Council's vote on whether the facts establish by a preponderance of the evidence a breach of executive session confidentiality and what action should be taken in the event a breach is found. c. Penalty for Breach of Confidentiality from Executive Session: i. If a majority of Council find that a breach of executive session confidentiality occurred, the Councilmember in breach of confidentiality is subject to removal from some or all committee assignments. which vote shall be voted on by the whole Council. ii. Any penalty set forth in this Governance Manual is supplemental to any remedy allowed in law or equity, and is not intended to take the place of any financial or injunctive remedy authorized by state law in either chapters 42.23 or 42.30 RCW. bd. RCW 42.30.110 explains the purpose for holding an executive session, some of which include: Page 12 of 63 i. RCW 42.30.110(1)(b). To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price (pending land acquisition). ii. RCW 42.30.110(1)(g). To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. [The only employee subject to this evaluation is the position of City Manager.] However, subject to RCW 42.30.140(4) (labor negotiations), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public. [Note: stating that an executive session's purpose is to discuss a "personnel matter" is not sufficient because only certain types of personnel matters are appropriate for discussion in an executive session.] (review qualifications of a public employee) iii. RCW 42.30.110(1)(h). To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public (review qualifications of an elected official). iv. RCW 42.30.110(1)(i). To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. For purposes of this subsection (1)(i), "potential/pending litigation" means matters protected by Rules of Professional Conduct (RPC) 1.6 or RCW 5.60.060(2)(a) concerning: (a) Litigation that has been specifically threatened to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party; (b) Litigation that the agency reasonably believes may be commenced by or against the agency, the governing body, or a member acting in an official capacity; or (c) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency. ee. Council may adjourn into executive session even if it is not listed on the meeting agenda. There is a requirement in RCW 35A.12.160 that the public be made aware of the preliminary agendas of meetings in advance of the meeting, but that does not mean that an item that arises after the agenda has been posted cannot be discussed at the meeting, even in executive session. Since final action on the matter would not be taken at the executive session, it would not violate any provision in state law to hold an executive session at a regular Council meeting even if the executive session was not listed on the agenda. [MRSC Index -General Government -Executive sessions.] Although amending the agenda is not required in order to adjourn into executive session, it is a good practice for the Mayor to announce at the beginning of the meeting, that Council will be adjourning into an executive session at the end of the regular meeting. fd. Attendance at Executive Sessions. Attendance shall only be in person. Except in extreme circumstances, there shall be no virtual attendance at an Executive Session. The City Attorney or Deputy City Attorney shall attend executive sessions which address litigation or potential litigation. The question of who may attend an executive session other than the Council, is determined by the City Manager. Page 13 of 63 4. Special Meetings a. Meetings set at days, times, and places other than Tuesdays at 6:00 p.m. in the Spokane Valley City Council Chambers shall be deemed "special meetings," such as joint meetings with other jurisdictions or entities (Board of County Commissioners, Planning Commissioners), and Council workshops or retreats. b. A special meeting may be called by the Mayor or any three members of the Council. (RCW 35A.13.170, 35A.12.110). Written notice of the special meeting shall be prepared by the City Clerk. The notice shall contain information about the meeting, including date, time, place, and business to be transacted and shall be posted on the City's website and displayed at the main entrance of the meeting location (RCW 42.30.080). The notice shall be delivered to each member of Council at least 24 hours before the time specified for the proposed meeting (RCW 35A.12.110). The noticing regarding such decision to hold a special meeting (made by the Mayor or any three Councilmembers), shall be handled by the City Clerk's Office through the City Manager. c. The notices provided in this section may be dispensed within the circumstances provided by RCW 42.30.080, that is: (a) As to any member who, at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice; (b) As to any member who was actually present at the meeting at the time it convenes; and (c) In the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage; or as otherwise provided by law. d. Agendas shall be drafted in a form submitted by the City Clerk, approved by the City Manager, and distributed in a manner similar to agendas for formal and study session meetings. The processes and rules for agenda content apply to regular formal, study session format, as well as special meetings. e. Special meeting agendas may include action and non -action items. It is the practice of Council to allow time for the public to comment on action items and the "public comment" should be so noted on the agenda. Once the Special Meeting Agenda has been published and distributed, the agenda may be amended provided the amended agenda is distributed to Councilmembers and to the media, and posted on the City's website and at the meeting doorway, at least 24 hours in advance of the special meeting. Final disposition shall not be taken on any other matter at such meeting, which means that the governing body may address other matters not identified in the special meeting notice or agenda, provided `final disposition' regarding such matters is not taken (RCW 42.30.080(3)) Council may not pass a franchise ordinance at a special meeting [RCW 35A.47.040]. f. There have been questions about whether it is necessary to call a special meeting in situations where Councilmembers are invited to attend a public meeting not called by the City as an official Council meeting, and whether it is legal for a quorum of Councilmembers to be present without violating the Open Meeting Act. According to the Washington State Attorney General Opinion 2006, No. 6, the "presence of a quorum of members of a city or county council does not, of itself, cause the Open Public Meetings Act to apply if councilmembers attend a public meeting called by a third party. The gathering of councilmembers would be a `meeting' for purposes of the Act only if the councilmembers take `action' as defined in the Act, such as voting, deliberating, or other official business of the council." g. There are times when several Councilmembers desire to attend a meeting of a City Department, such as a meeting scheduled by the City Engineers to discuss a construction project, or a meeting scheduled through the Finance Department to hear a report from the State Auditors, or a meeting scheduled by the Parks & Recreation Department to discuss parks or other City business. Because these meetings can at times present questionable concern when it comes to the Open Public Meeting Act, Councilmembers who desire to attend such meetings shall notify the City staff at least two working days prior to the meeting, of their intent to attend, and only the first three Councilmembers who indicate they will be attending any particular meeting, may attend. This is necessary in order not to violate, or perceive to violate the Open Public Meetings Act. h. RCW 42.30.070 states in part: "It shall not be a violation of the requirements of this chapter for a majority of the members of a governing body to travel together or gather for purposes other than a regular or special Page 14 of 63 meeting provided that they take no action as defined in this chapter." [MRSC Research News — Summer, 2016] A quorum of Councilmembers traveling together for a scheduled tour would not be in violation of the Open Public Meetings Act provided they do not discuss City business. However, comments and discussion as a result of the tour, shall be done at a regular Council meeting and not during the tour or outside of a regular or special Council meeting. 5. Emergency Meetings: Emergency Council meetings may be called by the Mayor or any two Councilmembers, consistent with the provisions of chapter 42.30 RCW. Meeting time, location and notice requirements do not apply to emergency meetings called for emergency matters as permitted by RCW 42.30.070, 42.30.080, and 42.14.075: "If, by reason of fire, flood, earthquake, or other emergency, there is a need for expedited action by a governing body to meet the emergency, the presiding officer of the governing body may provide for a meeting site other than the regular meeting site and the notice requirement of this chapter shall be suspended during such emergency." [RCW 42.30.070] "The notices provided in this section may be dispensed with in the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage." [RCW 42.30.080(4)] "Whenever, due to a natural disaster, an attack or an attack is imminent, it becomes imprudent, inexpedient or impossible to conduct the affairs of a political subdivision at a regular or usual place or places, the governing body of the political subdivision may meet at any place within or without the territorial limits of the political subdivision on the call of the presiding official or any two members of the governing body. After any emergency relocation, the affairs of political subdivisions shall be lawfully conducted at such emergency temporary location or locations for the duration of the emergency." [RCW 42.14.075] 6. Pre-Agenda/Advance Agenda Meetings: The City Manager, City Clerk, Mayor and Deputy Mayor generally meet at a fixed weekly time to review the Council agenda of the upcoming meeting, which gives all involved an opportunity to ask questions and gather any additional materials or research needed for the impending meeting. This meeting also serves as an opportune time to discuss the Advance Agenda, which is a planning document to aid in scheduling items on future Council agendas. (see also Agenda Committee under Chapter 4 internal committees) 7. Cancellation of Meetings: State law does not require any specific procedure for canceling an upcoming meeting, however, notice of the cancellation to the public, Councilmembers, and staff should be given by the Clerk in a similar manner that notice is given for a special meeting. The decision to cancel a meeting will be made by the City Manager in consultation with the Mayor and/or Agenda Committee and time permitting, will be noted on the Advance Agenda. The noticing of such decision will be handled by the City Clerk through the City Manager. Upon cancellation of a formal meeting, either the study session immediately before such meeting or the study session immediately after such meeting, shall include an opportunity for general public comment. Page 15 of 63 C. Meeting Rules and Procedures 1. Public Comments This is an opportunity for public comments regarding issues relating to the operation of the City, but which are not otherwise on the agenda for action. If the Presiding Officer is unclear whether comments relate to the operation of the City, the Presiding Officer shall ask how the comments are pertinent for consideration by the Council as business of the City. Speakers may sign in to speak, but it is not required. Under the general public comment opportunityes, each speaker may only make comments onceduring one of those opportunities but not both, and comments are limited to three minutes -unless modified by the Presiding Officer. Members of the public shall be prohibited from allocating any of their own speaking time to other members of the public. This time is an opportunity to hear from various members of the public in a limited public forum on issues relating to City business, and not an opportunity for extended comments or dialogue. Although the City Council desires to allow the opportunity for public comment, the business of the City must proceed in an orderly, timely manner. Council meetings are considered a `limited public forum' which means the time, place and manner of speech can be regulated. At any time the Presiding Officer, in the Presiding Officer's sole discretion, may set such reasonable limits as are necessary to prevent disruption or undue delay of other necessary business. The desired total time for public comments shall not exceed 45 minutes; however, that time limit may change at the Mayor's discretion. The Council states that it is not the business of the City to have discussion about any past, current, or future possible/probable election or campaign -related issues during Council meetings. The only exception to this prohibition on discussion of election or campaign -related topics would be if the Council requests that Spokane County place a ballot item on for election. (See page 36, Chapter 2, F Ballot Measures.) a. Verbal Comments: i. Comments shall only be made from the podium microphone, first giving name, city of residence and subject. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. An exception to this prohibition shall be allowed when public comment is only permitted via remote access due to emergency. The public shall be reminded that this is not an opportunity for dialogue or questions and answers, but public comment. When appropriate, staff shall research issues and report back to those making the comment as well as to Council. Public comments are opportunities for speakers to briefly address the entire Council, and those speaking are to address members of Council and not the audience. Speakers should refrain from personal attacks on individual Councilmembers. In order to prevent disruption of the Council meeting, members of the public are asked to refrain from distributing materials to the audience, since Council meetings are not a public forum to address the audience. Since this is an opportunity for public comment relating to City business, in the interest of time and keeping in mind all documents submitted during Council meetings become the property of the City, graphs, charts, posterboards, PowerPoint presentations, or other display materials are not permitted to be displayed or distributed in Council chambers, although written comments and written materials including photographs and petitions may be submitted to Council via the City Clerk. ii. Demonstration, applause or other audience participation before, during or at the conclusion of anyone's public comments is prohibited because it is disruptive. Any disruptive conduct, as determined by the Presiding Officer, shall be cause for removal from the meeting room. Any ruling by the Presiding Officer relative to these subsections on public comments may be overruled by a vote of a majority of Councilmembers present. iii. Council shall not permit public comments if they relate to any matter upon which a quasi-judicial hearing has been required, scheduled, or held. (See page 26 for procedure for taking public comment on legislative matters.) iv. Disruptive public conduct: a. Conduct in any form that interferes with Council's ability to timely conduct the business of the City will not be allowed. If a situation arises where a speaker exceeds the three minutes (unless permitted to continue by the Presiding Officer), is speaking on matters other than City business, or is otherwise disruptive in a manner that interferes with the ability of the Council to conduct the business of the City, the City Clerk, with permission of the Mayor, will turn off the microphone, and the Mayor will ask the Page 16 of 63 speaker to please stop talking and step away from the podium. In the case of remote meetings, the speaker will be muted. b. If the speaker continues after the first request, the Mayor will ask the speaker once again to stop talking, and will warn the speaker that failure to stop will result in a suspension of their privilege to speak at public comment for 90 days. If the speaker continues, the Mayor will gavel in a five-minute recess. c. Upon return from recess, public comment will start again with a caution from the Mayor that if any other speaker refuses to stop talking after being asked to do so after the three minutes or is otherwise disruptive, the remainder of the public comment for the night will be terminated. d. If necessary in the discretion of the Presiding Officer, and in an attempt to reasonably calm a situation or resolve a conflict, the City Attorney or Deputy City Attorney shall act as a staff liaison with a member of the public who refuses to stop talking and refuses to move away from the podium. b. Written Comments: Citizens have the option of submitting written views, opinions, comments, data, and arguments to Council on any topic and at any time, not just prior to or during public Council meetings. Unless the Mayor asks the Clerk to read written mailed or e-mailed comments, or the citizen reads their own prepared written comments, such comments shall not be read aloud during regular or special Council meetings although they shall be included as part of the public record on the topic and if appropriate, may be publicly acknowledged. Any written comments submitted to Council via the City Clerk shall be distributed to Council by placing copies at each Councilmember's workstation or City desk; or in the case of e-mailed or other electronic comments, shall be forwarded to Council via e-mail, unless such e-mail has already been supplied to members of Council. If individual Councilmembers receive written (including electronic) public comments or materials for the purpose of reading/sharing those materials during Council meetings, those materials should be submitted to the City Clerk prior to the Council meeting so the Clerk can make copies for later distribution to members of Council. c. Electronic Comments: Councilmembers shall avoid accessing any electronic message during Council meetings. Accessing such communication could be construed as receiving public comment without the benefit of having the citizen in person to address their concerns to the entire Council at once. (See also page 17, C8 Internet Use) 2. Council Rules of Order The City Clerk shall serve as the official parliamentarian for all Council meetings, and shall keep a copy of the most current "Robert's Rules of Order" (RONR) in Council Chambers during Council meetings. 3. Quorum At all regular and special meetings of the Council, a majority of the Councilmembers who hold office shall constitute a quorum for the transaction of business. A lesser number may adjourn from time to time, provided that written notice of said adjournment is posted on the exterior Council Chamber doors pursuant to RCW 42.30.090. Council meetings adjourned under the previous provision shall be considered regular meetings for all purposes. (RCW 35A.13.170, 35A.12.120) 4. Seating Arrangement Councilmembers shall occupy the respective seats in the Council Chamber assigned to them by the Mayor. 5. Attendance a. Unexcused Absences: A Councilmember's responsibility to attend Council meetings should not be taken lightly, nor should a decision to remove a Councilmember for missing meetings. Pursuant to RCW 35A.12.060 "a council position shall become vacant if the councilmember fails to attend three consecutive regular meetings of the council without being excused by the council." As soon as possible after two consecutive unexcused absences, and prior to a third consecutive unexcused absence, the absent Councilmember must request a leave of absence if they desire to remain on the Council. At a third consecutive meeting where a Councilmember is Page 17 of 63 not excused and there has been no request for a leave of absence, the absent Councilmember's office shall be forfeited effective immediately. b. Excused Absences: Members of Council may be excused from meetings with prior notification to the Mayor, City Clerk, or City Manager prior to the meeting, and by stating the reason for the inability to attend. Acceptable absences may include death of a family member, family or personal illness, inclement weather, accident, scheduled vacations, family or personal emergency, City related business, or unusual or unforeseen circumstances. Following or prior to roll call, the Presiding Officer shall inform the Council of the member's absence, and inquire if there is a motion to excuse the member. The motion shall be nondebatable. Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the City Clerk shall make an appropriate notation in the minutes. c. Leave of Absence: A Councilmember whose serious health or physical condition would prevent them from performing the duties of Councilmember may ask to be placed on a leave of absence under the following conditions: i. Such serious health or physical condition must be certified in writing by a medical physician. ii. The request for a leave of absence shall be in writing, and hand -delivered or mailed to the Mayor, City Clerk, or City Manager at least one week prior to the date when such leave would commence. iii. The request for a leave of absence must state the anticipated date the Councilmember will resume their duties. iv. By majority vote of the whole Council, a leave of absence shall be granted as follows: (a) The absence shall not exceed 90 days from the date the motion is passed by Council (b) The absent Councilmember shall retain pay and medical benefits during the leave of absence (c) At the end of the 90-day leave of absence, the absent Councilmember shall either: i. Return to normal Council duties commencing with the first Tuesday following the end of the 90-day leave; or ii. be subject to RCW 35A.12.060 concerning three consecutive absences, beginning with the first Tuesday following the end of the 90-day leave. d. A leave of absence may only be granted twice during a Councilmember's four-year term, with no less than six months between each request. Upon approval of a leave of absence, the absent Councilmember shall not be replaced with a pro-tem Councilmember during the absence. 6. Respect and Decorum It is the duty of the Mayor and each Councilmember to maintain dignity and respect for their offices, City staff and the public. While the Council is in session, Councilmembers shall preserve order and decorum and a Councilmember shall neither by conversation or otherwise, delay or interrupt the proceedings of the Council, nor disrupt or disparage any Councilmember while speaking. Councilmembers and the public shall comply with the directives of the Presiding Officer. Any Councilmember making disruptive, disparaging or impertinent remarks, or unreasonably disturbing the business of the Council shall be asked to cease such disruption. Any other person attending a Council meeting who disrupts the meeting in such a fashion that the Council is impaired in its ability to attend to the business of the City, may be asked to leave, or be removed from the meeting. At any time during any Council meeting, any Councilmember may object to personal affront or other inappropriate comments, by calling for a "point of order." After the Councilmember is recognized by the Presiding Officer and the Councilmember explains their point concerning respect and decorum, or lack thereof, the Presiding Officer shall rule on the remark. If the person making the remark is a Councilmember, the Presiding Officer may ask the Councilmember to cease. If the person making the remark is a member of the public, the Presiding Officer shall determine if the remark is actually disruptive, and whether the remark has impaired the ability of the Council to attend to the business of the City. If so, the Presiding Officer shall seek the removal of that person from the meeting. Continued disruptions may result in a recess or adjournment as set forth in #10 below. 7. Dissents and Protests Any Councilmember shall have the right to express dissent from or protest verbally or in writing, against any motion, ordinance or resolution of the Council and have the reason therefore entered in the minutes. Page 18 of 63 8 Councilmc-+bc Mcctin2 Remote Participation a. Remote Council Meetings: In the event of unusual circumstances such as a pandemic or other health or safety emergency where Council meetings would need to be held in such a manner as to protect the health, safety and welfare of Council, staff and citizens, participation in such meetings shall be done remotely provided an option is available for the public to attend through internet or other electronic means. Council, staff and the public must be able to see and hear the meeting proceedings. At least a quorum of councilmembers must be able to participate. b. Remote Broadcast: All City Council meetings shall be broadcast live using the Zoom meetings platform (or another similar platform such as Microsoft teams), provided by the City's Information Technology (IT) Department, to allow citizens to attend the meetings remotely. Public comment will be accepted from remote attendees at the appropriate portion(s) of the meeting as defined per the agenda. c. Councilmembers may appear at a Council meeting by remote connection: Any Councilmember intending to attend a meeting remotely should notify the Mayor and City Clerk in advance of the meeting, such request shall be for reasons where the Councilmember cannot physically attend the meeting, and should be made only when necessary. Councilmembers' cameras should remain on for the duration of the remote meeting. If a technical problem prevents such participation where the remote Councilmember cannot hear or be heard, the Councilmember shall be counted as an excused absence and the technical difficulty shall be stated for the record. During any meeting that a Councilmember is attending remotely, the Mayor or presiding officer shall so state for the record at the beginning of such meeting. In instances where the Mayor is remotely attending a meeting, the Mayor will still function as the Presiding Officer. More then one member of Council may attend a meeting remotely, provided all together in person and remotely, there is a quorum of Councilmembers attending. b. meeting, but wish to attend via tcicphonc confcrcncc call. Provided there is technical availability for the Councilmember to hear the proceedings, be heard by those present, and be able to participate in Council discussion, a Councilmember may request such participation. Requests to participate in a Council meeting via tcicphonc confcrcncc call must be made at least one week in advance, and shall be approved by Council by motion. The Councilmember making the request, may also vote on the motion. More than one Councilmember may request participation via telephone for the same meeting, provided those Councilmembers would be able to be reached at the same phone number, as the Council Chamber's current system can only accommodate the use of one telephone number per meeting; and provided that a quorum of Councilmembers would physically attend the meeting. During any meeting that a Councilmember is attending via remote communication, the Mayor or presiding officer shall state for the record at the beginning of such meeting, that a particular Councilmember is attending via remote communication and the reason(s) for such attendance. 9. Internet Use a. Use of the City's network systems implies Council is aware of and understands that the system is provided to assist in the performance of their roles as Councilmembers, and as such, Councilmembers are obligated to use, conserve and protect electronic information and information technology resources and to preserve and enhance the integrity of those resources which belong to the citizens of Spokane Valley. b. As noted on page 16, Councilmembers shall avoid accessing any electronic message during Council meetings whether by e-mail, text, or other means,. Accessing such communication could be construed as receiving public comment without the benefit of having the citizen in person to address their concerns. Likewise, Councilmembers shall avoid browsing the Internet during Council meetings in order that Council's full attention can be given to the topic at hand. c. Information technology resources are provided for the purpose of conducting official City business. The use of any of the City's information technology resources for campaign or political use is prohibited unless it has been determined by the City Attorney, Washington State Attorney General, or Washington Public Disclosure Commission, that such use is not a violation of RCW 42.17A.555 or is otherwise authorized by law. Page 19 of 63 d. Confidential material shall not be sent via e-mail or text. e. All letters, memoranda, and interactive computer communication (e-mail, text, tweet, etc.) involving Councilmembers, the subject of which relates to the conduct of government or the performance of any governmental function, with specific exceptions stated in the Public Records Act (RCW 42.56) are public records. Copies of such letters, memoranda and interactive computer communication shall not be provided to the public or news media without the member of the public or news media filing a public record request with the City Clerk. With this in mind, texting and tweeting concerning City business is strongly discouraged. f. E-mail communications that are intended to be distributed among all Councilmembers, whether concurrently or serially, shall be considered in light of the Open Public Meetings Act. If the intended purpose of an e-mail is to have a discussion that should be held at an open meeting, the electronic discussion should not occur, and Council discussion should wait until everyone has had ample opportunity to view the message before including such topic(s) on an upcoming agenda. 10. Adjournment Due to Emergency or Disruption In the event of an emergency such as a fire or other natural or catastrophic disaster, threatened violence, or inability to regain or retain good order, the Presiding Officer shall forthwith declare a recess, adjourn, or continue the meeting, and the City Council as well as everyone in the room shall immediately leave the meeting room and if necessary, leave the building. The Presiding Officer may reconvene the meeting when it has been determined by the appropriate safety officials that it is safe to do so. 11. Permission Required to Address the Council Persons other than Councilmembers and staff shall be permitted to address the Council upon recognition and/or introduction by the Presiding Officer or City Manager. 12. Approaching the Dais by Members of the Public Once a Council meeting has been called to order, members of the public are prohibited from stepping between the speaker's podium and the dais, or stepping behind any part of the dais or stepping behind those sections adjacent to the dais. If citizens wish Council to receive materials, those materials should be handed to the City Clerk prior to the meeting or during the public comment section of the agenda, and the Clerk will distribute the materials to members of Council. Council reserves the right to invite anyone forward to the podium to be addressed by Council. 13. Out of Order Requests Occasionally a member of the public may wish to speak on an agenda item but cannot remain until the item is reached on the agenda. During "General Public Open Comments Opportunity From the Public," such person may request permission to speak by explaining the circumstances. The Presiding Officer in his/her sole discretion shall rule on whether to allow the out of order request. Alternatively, the member of the public could also discuss their request with the Mayor prior to or after the meeting. 14. Photographs, Motion Pictures or Videos Requiring Artificial Illumination — Prior Permission Required No overhead projection, photographs, motion pictures, or videos that require the use of floodlights, or similar artificial illumination shall be used by the public at City Council meetings without the prior consent of the Presiding Officer or the City Manager. 15. Placing Items on a* Future Agenda: a. New Item Council Business: During the Advance Agenda portion of a council agenda, a Councilmember may request to have items placed on a future agenda. Each request shall be treated separately. The City Manager is most familiar with staff's workload and shall determine when the item can be prepared and brought forward to Council, unless the Council wants to discuss the item prior to staff's involvement. The following process shall be used to propose an item for a future Council meeting: Page 20 of 63 i. A Councilmember may propose an item and give a brief explanation of the issue and its importance to the City. ii. Councilmembers may ask clarifying questions. iii. By a show of hands, a consensus of four or more Councilmembers may move the item forward to a future agenda. b. Except for routine items such as those found on most Consent Agendas, requests for items to come before Council shall be routed through the City Manager or come directly from the City Manager as part of the normal course of business. 16. Motions and Discussion a. Order of Procedure: i. Member of Council makes a motion by stating: "I move .. ." After the motion is seconded, staff makes their presentation, then the Mayor will ask Council if there are any questions of staff. Once all questions have been addressed, the staff member shall step away from the podium to allow for any public comment. ii. The Mayor will invite public comments. Public comments should be limited to one comment per person per topic and limited to three minutes. The Mayor can remind the public this is time for comments and not discussion; and if the public has questions, those questions shall be addressed by staff at another time outside the meeting. iii. The Mayor will open the floor to Council for discussion. The maker of the motion normally begins the discussion. The discussion must have bearing on whether the pending motion should be adopted (RONR §43); and can be prefaced by a few words of explanation, but must not become a speech (RONR §4). All Council remarks should be addressed through the Mayor. iv. When discussion has ended, the Mayor will re -state the motion or ask the Clerk to re -state the motion. Once the motion is re -stated, the Mayor will call for the vote, which is normally taken by voice. The Mayor or the Clerk will then state whether the motion passed or failed. b. In General: i. Except in rare circumstances, Council motions shall be in the form of an affirmative motion. Affirmative motions are preferred to prevent "approval by default" of a failed negative motion. ii. Unless otherwise stated by the presiding officer, Agenda items requiringscheduled for Council action shall begin withrequire a motion by a Councilmember prior tobefore discussion unless by majority vote the Council suspends the requirement. If a motion fails, the agenda item shall be considered concluded. However, said item could be reconsidered if done during the same meeting, or through Council majority vote it could be brought back at a later meeting to "rescind an action," or to "amend something previously adopted." (Mayoral appointments excepted. See Committees for further discussion.) iii. Councilmembers should direct questions to the City Manager or the designated presenter. iv. Main motions are made when no other motion is pending (see chart below). They are debatable and subject to amendment. Since seconding a motion means "let's discuss it," if there is no second but discussion ensues, the matter of having a second to proceed is moot and the motion can proceed. However, if there is no second and no discussion, the motion does not progress. Note that the motion does not "die for a lack of a second" but it merely does not progress. v. The maker of a motion can withdraw their motion with the approval of the majority of Councilmembers (see notes below table below). The person making the motion is entitled to speak first to the motion. A maker of the motion may vote against the motion but cannot speak against their own motion. vi. No Councilmemberei should be permitted to speak twice to the same issue until all everyone else Councilmembers wishing to speak haves spoken. All remarks shall be directed to the Presiding Officer and shall be courteous in language and deportment (Robert's Rules of Order Newly Revised, Article VII, Section 43, Decorum in Debate), keeping in mind it is not the Councilmember, but the measure that is the subject of debate. Page 21 of 63 vii. When an amended motion is on the floor, the vote is taken on whether to adopt the amendment. If adopted, the next vote is on the fully amended motion. viii. Motions should be reserved for items marked on the agenda for action, so as to avoid any surprises for Council, staff and the public. Page 22 of 63 Parliamentary Procedure at a Glance Roberts Rules of Order § IF YOU WANT TO YOU SAY INTERRUPT NEED 2ND Can be Debated Can be Amended VOTE 11 Postpone indefinitely (the purpose is to prevent action or kill an issue.) I move to postpone ... . (an affirmative vote can be reconsidered; a negative vote cannot.) indefinitely No Yes Yes No Majority 12 Modify wording of motion I move to amend the motion by .. . No Yes Yes Yes** Majority 14 Postpone to a certain time Ex: I move to postpone the motion to the next Council meeting. No Yes Yes Yes Majority 16 Close debate I move the previous question, or I call for the question *** No Yes No No Majority* 17 To Table a motion I move to lay on the table, the motion to No Yes No No Majority 19 Complain about noise, room temperatures etc Point of Privilege Yes Yes Yes Yes Chair decision 20 Take break I move to recess for .. No Yes No Yes Majority 21 Adjourn meeting I move to adjourn No Yes No No Majority 23 Object to procedure or personal affront Point of Order Yes No No No Chair decision 25 Suspend rules I move to suspend the rules and .. . No Yes No No Majority* 34 Take matter from table I move to take from the table the motion to No Yes No No Majority 35 Reconsider something already disposed of I move we reconsider action on .. . No Yes Yes Yes Majority It should be noted that the purpose of tabling a motion is not to simply postpone an issue or a vote. If the intended purpose is to postpone, then the motion to postpone should be used. If more information is needed or desired in order to make the most informed vote possible, then an option would be for the maker of the motion to simply withdraw the motion. The consent of the seconder is not needed to withdraw a motion, however, withdrawal of a motion should be done with the approval of a majority of Councilmembers present [Mayor, I request permission to withdraw my motion. The Mayor asks if there is any objection, and if none, the motion is withdrawn. If there is objection, the Mayor will call for a vote.] While a motion is still on the table, no other motion on the same subject is in order. The motion to table enables the assembly to lay the pending question aside temporarily when something else of immediate urgency has arisen. The motion to "Lay on the Table" is out of order if the evident intent is to kill or avoid dealing with a measure. (Robert's Rules of Order Newly Revised, 10 Edition) *(Robert's Rules of Order Newly Revised states 2/3 vote required. Council direction is to base vote on majority except on matters where 2/3 (or majority plus one) is required by state statute. * * If the main motion to amend can be amended. * * *Call for the Question: if it is felt that debate on a motion on the floor has continued longer than warranted, a member of Council may "call the question." The "call for the question" is a motion to end debate and vote immediately. If this "call for the question" motion is passed by a majority vote, then the vote must be taken on the original debated motion on the floor. Page 23 of 63 17. Voting The votes during all meetings of the Council shall be transacted as follows: a. The Presiding Officer shall first call for a vote from those in favor of the motion, followed by a call for those opposed to the motion, and afterwards shall state whether the motion passed or failed. Unless otherwise provided by statute, ordinance, or resolution, all votes shall be taken by voice or a show of hands. At the request of any Councilmember or the City Clerk, a roll call vote shall be taken by the City Clerk. The order of the roll call vote shall be determined by the City Clerk. b. Unless otherwise provided by statute, ordinance, or resolution, in case of a tie vote on a motion, the motion shall be considered lost. c. Every member who was present when the question was called, shall give his/her vote. If any Councilmember refuses to vote "aye" or "nay," their vote shall be counted as a "nay" vote unless the Councilmember has recused themself due to actual or perceived appearance of a conflict of interest, which shall be so stated prior to the vote at hand. Abstentions are not permitted as abstentions are equivalent to not voting, and the members of the public expect their elected officials to vote on issues. d. The passage of any ordinance, grant or revocation of franchise or license, and any resolution for the payment of money, any approval of warrants, and any resolution for the removal of the City Manager shall require the affirmative vote of at least a majority of the whole membership of the Council (RCW 35A.12.120). Except as provided in "e" below, all other motions or resolutions shall require an affirmative vote of at least a majority of the quorum present. e. Majority Plus One: The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures for any calamity, violence of nature, riot, insurrection, or war; and provisions for a lesser emergency, such as a budget amendment (RCW 35A.33.090), shall require the affirmative vote of at least a majority plus one of the whole membership of the Council. (RCW 35A.13.190). 18. Recusal From Discussion and Consideration. a. Situations may arise when a Councilmember should consider whether to recuse themselves from the consideration and decision -making on a particular item. These situations can arise in various ways, including having an interest in a contract being considered by the City, or when a Councilmember has a bias in some fashion regarding an issue before the Council. For additional discussion and explanation, please see Appendix C — Spokane Valley Councilmembers' Statement of Ethics. The overarching goal of the conflict of interest laws is to prevent municipal officers from engaging in self -dealing. Seattle v. State, 100 Wn.2d 232, 246 (1983). [Self -dealing is defined as a situation in which a fiduciary acts in his own best interest in a transaction rather than in the best interest of his clients. A fiduciary is legally obligated to act in the best interest of his clients. A fiduciary is a person to whom property or power is entrusted for the benefit of another.] b. Prohibited acts. There are some conflicts which cannot be waived, and some actions in which Councilmembers shall not engage. RCW 42.23.070 prohibits municipal officers from: i. Using "his or her position to secure special privileges or exemptions for himself, herself, or others." ii. Directly or indirectly giving or receiving or agreeing to receive "any compensation, gift, reward, or gratuity from a source except the employing municipality, for a matter connected with or related to the officer's services as such an officer unless otherwise provided for by law." iii. Accepting employment or engaging in business or professional activity that "the officer might reasonably expect would require or induce him or her by reason of his or her official position to disclose confidential information acquired by reason of his or her official position." iv. Disclosing confidential information "gained by reason of the officer's position, nor may the officer otherwise use such information for his or her personal gain or benefit." c. Conflict of interest contracts. In contractual matters, Councilmembers are required to avoid directly benefitting from contracts entered into by the City. When a Councilmember is aware that they may benefit from such a contractual relationship, they are required to recuse themselves. Other situations may arise where a Councilmember may indirectly benefit. In these circumstances, the determination of whether a conflict of Page 24 of 63 interest exists such that they should recuse themselves will have to be made by that Councilmember based on facts and circumstances known at the time. d. Bias for or against a proposed action. There will be situations for each Councilmember where, based upon their current or prior work or personal relationships, that Councilmember may not be able to participate in a discussion and decision on a given issue because they likely can't be objective. In such an event, the Councilmember must give due consideration to their potential to be predisposed, and whether they believe they can objectively consider and decide on the issue. If the answer is yes, then the Councilmember may proceed. If this self-analysis is difficult as to whether the Councilmember can be objective, but the determination is that they can, the Councilmember should strongly consider disclosing the nature of the potential bias to the Council, and then announce whether they believe they can or cannot proceed. If the Councilmember does not believe they can be reasonably objective, they should recuse themselves from the discussion and consideration. The purpose for recusal under such circumstances is that the Council wants the public to have the utmost confidence that decisions are made objectively, and that all citizens and businesses will be treated equally and fairly. e. Process and Disclosure: When a Councilmember determines recusal is appropriate, or when it is required by law, the Councilmember shall announce that they need to recuse themselves, explain the factual circumstances, then step off the dais and out of the Council chambers. A staff member will retrieve the Councilmember once that issue is finished being discussed. The determination of whether to recuse oneself from an issue, and then formally recusing, shall occur before any discussion has taken place on that issue to ensure that Councilmember does not participate in the matter in any fashion. f. The following is an example of appropriate language where recusal is warranted: Following careful analysis and consideration, I think it is appropriate for me to recuse myself from any discussion and decision on this matter. I have known the owners of * business for * years, am friends with them, and believe it would be most appropriate for me not to participate in this matter. As such, I will recuse myself and step out of the room. OR g- Following careful analysis and consideration, I think it is appropriate for me to recuse myself from any discussion and decision on this matter. I own a business that competes directly with the business at issue, and believe it would be most appropriate for me not to participate in this matter. As such, I will recuse myself and step out of the room. The following is an example of appropriate language where the Councilmember determines that he/she does not need to recuse themselves from the matter: Following careful analysis and consideration, I think it is appropriate for me to participate in the discussion and decision on this matter. Although I am somewhat familiar with this matter from my prior association with *, I believe I can be objective and unbiased. As such, I will not recuse myself, and will participate with the rest of the Council in the discussion and decision. 19. Ordinances a. Except for unusual circumstances or emergencies, ordinances and resolutions shall customarily be prepared, introduced and proceed in normal fashion with an admin report, then first and second reading accordance with the "Three Touch Principle." Prior to final passage of all ordinances or resolutions, such documents shall be designated as drafts. b. A Councilmember may, in open session, request the City Manager bring forth an ordinance for a specific purpose. of the Presiding Officer that the Council consider enacting an ordinance for a specific purpose. The Presiding Officer then may assign the proposed ordinance to the administration, a committee, or the Council for consideration. The committee or administration shall report its findings to the Council. The City Manager may propose the drafting of ordinances (RCW 35A.13). Citizens, Boards and Commissions may also propose consideration of ordinances and resolutions. Page 25 of 63 c. Sponsorship. When a Councilmember wishes to assume sponsorship of an ordinance or resolution, once on the agenda, he or she should so announce, make the initial motion and provide an introduction of the measure. d. Ordinances shall normally have two separate readings at separate Council meetings. Unless waived by the City Council at each reading, the title of an ordinance shall be read by the City Clerk prior to its passage. However, if a Councilmember requests that the entire ordinance or certain sections be read, such request shall be granted. Printed copies shall be available upon request to any person attending a Council meeting. e. The provision requiring two separate readings of an ordinance may be waived at any meeting of the Council by a majority vote of all members present. This would require a successful motion to suspend the rules and pass the ordinance on a first reading. f. If a motion to pass an ordinance to a second reading fails, the ordinance shall be considered lost, unless a subsequent motion directs its revision and resubmission to a first reading. g. Any ordinance repealing any portion of the Spokane Valley Municipal Code shall also repeal the respective portions of the underlying ordinance(s). Ordinances repealing earlier ordinances shall not apply to acts, incidents, transactions or decisions occurring before such repeal. h. Council may not pass a franchise ordinance at a special meeting [RCW 35A.47.040]. i. The passage of any ordinance, grant or revocation of franchise or license shall require the affirmative vote of at least a majority of the whole membership of the Council. [RCW 35A.13.170]. j. The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures for any calamity, violence of nature, riot, insurrection, or war; and provisions for a lesser emergency, such as a budget amendment (RCW 35A.33.090'), shall require the affirmative vote of at least a majority plus one of the whole membership of the Council. (RCW 35A.13.190). k. Occasionally, an ordinance will be on an agenda the same night as a public hearing on the same topic, such as a public hearing on a budget, amended budget, proposed tax, or moratorium, and an ordinance approving that item. When that occurs, after the public hearing has been closed and Council moves to the ordinance action item, public comment shall not be taken on the ordinance since it was just taken as part of the public hearing process. Public comment will also not be taken during the ordinance's second reading at a subsequent Council meeting. This procedure will also be used if a public hearing on a specific issue is held before the Planning Commission; so that when the resulting ordinance comes before Council, public comment will not be taken on either the first or the second reading. 20. Resolutions a. A resolution may be approved on the same day it is introduced. While it is not necessary to have the title of a resolution read aloud, Council may ask the City clerk to read the resolution title in order invoke the two reading procedures described above to facilitate public understanding and/or comment on the resolution. If Council invokes the two reading procedures, a A Councilmember may request that the entire resolution or certain sections be read, and such request shall be granted and the City Clerk shall read as requested. Printed copies shall be made available upon request to any person attending a Council meeting. b. The passage of any resolution for the payment of money, any approval of warrants, and any resolution for the removal of the City Manager shall require the affirmative vote of at least a majority of the whole membership of the Council. c. Occasionally, a resolution will be on an agenda the same night as a public hearing on the same topic, such as a public hearing on an amended Transportation Improvement Program, and a Resolution approving that amendment. When that occurs, after the public hearing has been closed and Council moves to the resolution action item, public comment shall not be taken on the resolution since it was just taken as part of the public Page 26 of 63 hearing process. This procedure will also be used if a public hearing on a specific issue is held before the Planning Commission, which would result in a resolution for Council consideration. 21. Community Recognition Program: a. In an effort to acknowledge outstanding citizens, businesses and organizations who have made a significant contribution, or have had or continue to have, a positive impact on the citizens of our community, the Council has implemented a Community Recognition Program. b. Eligibility: Must be a citizen/resident or an owner/operator of a business within Spokane Valley City limits. City of Spokane Valley elected officials, staff members and their relatives are not eligible for nomination, however, they may submit nominations. There is no limit to the number of nominations one may submit. c. Selection: will be made by the Mayor with confirmation by the Council. If selected, recognition will take place at a City Council meeting and depending upon the nature of the nomination, the honoree will be presented with a proclamation, certificate of appreciation, and/or a key to the City. d. Process: Nominations shall be submitted on a Community Recognition Form, addressed to the City Clerk, and may be made at any time. e. Selection of these recipient(s) will typically be held during a formal format Council meeting, under the Agenda Item of Introduction of Special Guests and Presentations. 22. Proclamations: a. Ceremonial proclamations not associated with the Community Recognition Program. i. These proclamations are not statements of policy but are a means by which the City can recognize an event, group or individual. As part of the ceremonial duties of the Mayor, the Mayor is charged with approval of proclamations at his/her discretion; and reserves the right to decline any proclamation request as well as the right to make exceptions to these guidelines and procedures. Individual Councilmembers will not issue proclamations, and requests for a proclamation should be directed to the Mayor or the City Clerk. ii. Proclamations will be considered for approval which will proclaim certain events or causes when such proclamation positively impacts the community and conveys an affirmative message to Spokane Valley residents. Proclamations will not be considered which are potentially controversial, political or religious in nature unless approved by the majority of Councilmembers. iii. Proclamations can be issued at the discretion of the Mayor, and may be for organizations, individuals, or businesses within or outside Spokane Valley's jurisdiction. b. Procedure for proclamations to be read at a Council Meeting: i. The person making the request need not be a Spokane Valley resident ii. Requests should be made at least four weeks in advance of the scheduled Council meeting iii. The person asking for the proclamation should agree to be in attendance or have someone attend in their stead iv. The City Clerk will inform the requestor whether the proclamation request is approved v. The person making the request shall draft the proclamation and send it to the City Clerk once approval is given vi. The City retains the right to modify and/or edit the proposed proclamation as it sees fit vii. It is the Council's preference to have proclamations read at formal meetings, which are generally held the 2nd and 4th Tuesdays; however, proclamations may be read at Study Sessions due to scheduling conflicts. c. For those instances where proclamations are requested for events other than to be read at an open Council meeting, the same procedure as above shall be followed, but instead of having someone at a Council meeting to officially receive the proclamation, the City Clerk will mail the proclamation to the requestor, or it can be hand -carried by the Councilmember attending the event to read the proclamation. Page 27 of 63 d. Reading of these proclamations will typically take place at a formal format Council meeting, immediately after the Mayor's report, or could take place as the first agenda item on a Study Session. 23. Taxes: Increasing or Imposing New Taxes The Council strongly believes in fiscal restraint, and that increasing the tax burden on its property owners and citizens by increasing or imposing new taxes should be avoided except as a last resort. In addition to complying with all applicable statutory requirements, increasing or imposing new taxes should only be done as follows: a. As requested by the City Council, the City Manager in consultation with the Finance Director, shall notify the City Clerk of Council's desire for a proposed ordinance, and ask the City Attorney to prepare a draft ordinance. b. Within 14 days following notice to the City Clerk, the City Clerk shall publish a notice of public hearing once a week for two consecutive weeks in the official newspaper of the City, stating i. the date, time and place of Council's public hearing ii. the purpose of the hearing: that a tax increase or new tax has been proposed iii. that a copy of the proposed draft ordinance shall be furnished to any City taxpayer who requests it; and iv. that any City taxpayer may appear and provide verbal or written comment for or against the proposed draft ordinance. c. Preceding such public hearing, staff will provide an administrative report to Council describing the financial deficit and need for the increased or new tax; and if Council concurs and after the public hearing, the proposed draft ordinance shall proceed as follows: i. Proceed with a first reading of the proposed draft ordinance (same or different meeting as the public hearing) ii. Second reading of the proposed draft ordinance at a subsequent meeting. d. Approval of increasing or imposing new taxes requires an affirmative vote of a majority plus one of the whole Council. 24. Hearings: [note: See Appendix A for quasi-judicial hearings] a. Purpose i. Held to obtain public input on legislative decisions on matters of policy ii. Are required by state law in such matters as comprehensive plan use plans, or annual budget iii. Do not involve legal rights of specific private parties in a contested setting iv. Affect a wide range of citizens or perhaps the entire jurisdiction v. Decisions reached as a result of these hearings are not second-guessed by the courts, and if challenged, are reviewed only to determine if they are constitutional or violate state law b. Process i. State statutes do not specify how public hearings should be conducted. Because legislative hearings are generally informal, the main concern is to provide an opportunity for all attending members of the public to speak if they desire. Individual comments shall be limited to a specific amount of time as determined by the Presiding Officer , and the public should be advised that comments must relate to the matter at hand. The "ground rules" for the conduct of the hearing may be stated by the Presiding Officer at the beginning of the hearing: a. All public comments shall be made from the speaker's podium, shall be directed to the Mayor and Council, and any individual making comments shall first give their name and city of residence. Speakers may be asked to spell their last name because an official recorded transcript of the public hearing is being made. Page 28 of 63 b. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. c. Unless otherwise determined by the Presiding Officer, all public comments shall be limited to three minutes per speaker and members of the public are not permitted to give any of their own speaking time to other members of the public. This time is an opportunity to hear from various members of the public in a limited public forum, and not an opportunity for extended comments or dialogue. d. At the discretion of the Presiding Officer, members of the public shall only speak once per issue. e There shall be no demonstrations, applause or other audience participation, before, during or at the conclusion of anyone's presentation. Such expressions are disruptive and take time away from the speakers. f. Unless read and/or handed in by the individual speaker during the public hearing, previously received written public comments shall be read by the City Clerk at the pleasure of the Mayor. In the interest of time, the Mayor may limit the reading of such comments to the Clerk reading who the letter or written material is from, and if easily discernible, whether that person is for or against the issue at hand. All written comments become an official part of the record. g. These rules are intended to promote an orderly system of holding a public hearing, to give persons an opportunity to be heard, and to ensure that individuals are not embarrassed by exercising their right of free speech. ii. The Presiding Officer declares that the public hearing on the topic at hand is open, notes the time for such opening, and asks staff to make their presentation. iii. After staff presentations, the Presiding Officer calls for public comments. iv. The Presiding Officer asks if any members of Council have questions of any of the speakers or staff. If any Councilmember has questions, the appropriate individual shall be recalled to the podium. v. The Presiding Officer declares the public hearing closed and notes the time for such closing. 25. Reconsideration a. The purpose of reconsidering a vote is to permit change or correction of an erroneous action, or to take into account added information or a changed situation that has developed since the taking of the vote. Any action of the Council, including final action on applications for legislative changes in land use status, shall be subject to a motion to reconsider except: i. any action previously reconsidered; ii. motions to adjourn or motions to suspend the rules; iii. an affirmative vote to lay an item on, or take an item from, the table; iv. previously passed motion to suspend the rules; or v. a vote electing to office one who is present and does not decline. b. Such motion for reconsideration: i. shall be reconsidered during the same Council meeting; ii. shall be called up when no business is pending (no action is pending); iii. if action is pending, the Mayor asks the Clerk to note that the motion to reconsider has been made and shall be taken up when a member calls the motion to reconsider the vote when no other business (action ) is pending; iv. shall be made by a member who voted on the prevailing side on the original motion. This means a reconsideration can be moved only by one who voted aye if the motion involved was adopted, or no if the motion was lost. It is permissible for a Councilmember who cannot make such a motion, but believes there are valid reasons for one, to try to persuade someone who voted on the prevailing side, to make such a motion. v. a member who makes this motion should state that he or she voted on the prevailing side; vi. needs a second, and can be seconded by any member; Page 29 of 63 vii. is debatable if the type of motion it reconsiders is debatable; and viii. is not amendable and requires a majority vote to adopt. c. Step 1: A member of Council who voted on the prevailing side makes the motion, such as "I move to reconsider the vote on the resolution relating to holidays. I voted for [or against] the resolution." This motion needs a second, which can be seconded by any Councilmember. d. Step 2: If the motion for reconsideration is adopted, the original motion is then placed before Council as if that motion had not been voted on previously; and Council again takes that motion under discussion, followed by a new vote. e. Any motion for reconsideration of a matter which was the subject of a required public hearing or which is a quasi-judicial matter, may not be discussed or acted upon unless and until the parties or their attorneys and the persons testifying have been given at least five days advance notice of such discussion and/or action. 26. Council Materials a. Council Material: Councilmembers and staff should read the agenda material and ask clarifying questions of the City Manager or other appropriate staff prior to the Council meeting when possible. A good opportunity to do this is at the Advance Agenda meeting. Council recognizes there are times when Councilmembers may wish to bring additional documentation to a meeting on a specific subject, whether that subject is on the agenda or not, in order to share with Council and staff. When possible, the materials should be distributed to Councilmembers and staff prior to the Council meeting, or if distributed during a meeting, Councilmembers should indicate they would like the materials considered for a future meeting, since except in an emergency, Councilmembers would normally not take time at the dais to read material just received. Pre -scheduled materials Council wishes to share as part of the Council packet could also be included on study session agendas under "Council Comments." b. Council Packets: Councilmembers shall personally pick up their agenda packets from their City desk, unless otherwise arranged by the Councilmember or further directed by Council. Councilmembers have the option of accessing their Council packet via the City's website. Unless notified otherwise, the City Clerk shall prepare a hard copy agenda packet for individual Councilmembers. c. Packet Materials: Request for Council Action form (RCA): This is a cover sheet used by staff to introduce an agenda item. It includes the agenda item title, citing of governing legislation associated with the topic, previous Council action taken, and background on the topic. Options for Council consideration are also included, as well as a staff recommended action or motion. The options and recommended action or motion should be viewed as aids to Council in making a motion or taking action, but should not be thought of as obligatory, as Council always has the option of making a motion different from what is included on the form. Generally, by the time an item is ready for a motion, Council has already read, heard, and/or discussed the item at least three times (such as an informational item, an administrative report, and lastly as an action item), and the wording of a motion would not normally be controversial, although it is important to state the motion as a motion, such as "I move to" or "I move that" or other similar language. 27. "Three Touch Principle" Decision makers and citizens at all levels of the City should have adequate time to thoroughly consider the issues prior to final decisions. It is the intent of the Council that the Council and administration shall abide by the "Three Touch Principle" whenever possible. These procedural guidelines are designed to avoid "surprises" to the City Council, citizens and administrative personnel. Any request or proposal for adopting or changing public policy, ordinances, resolutions or City Council directives which require a decision of the City Council or administration, should "touch" the decision makers three separate times. This includes verbal or written reports, "information only" agenda items, or any combination thereof. To facilitate the Council's strategic use of legislative time at its meeting, staff may satisfy the first touch by issuing an informational memorandum, unless the subject matter is complex in nature. Quasi-judicial matters and any subject discussed in executive sessions are excluded from application of the "Three Touch Principle." Page 30 of 63 It is recognized that unexpected circumstances may arise wherein observance of the "Three Touch Principle" is impractical. However, when unusual circumstances arise which justify a "first discussion" decision, the persons requesting the expedited decision should also explain the timing circumstances. This principle excludes staff reports and other general communications not requiring a Council decision. Page 31 of 63 CHAPTER 2 Legislative Process Page 32 of 63 A. Election of Officers Procedures for electing officers are as follows: 1. Biennially, at the first meeting of the new Council, the members thereof shall choose a Presiding Officer from their number who shall have the title of Mayor. In addition to the powers conferred upon him/her as Mayor, he/she shall continue to have all the rights, privileges and immunities of a member of the Council. If a permanent vacancy occurs in the office of Mayor, the members of the Council at their next regular meeting shall select a Mayor from their number for the unexpired term. Following the election of the Mayor, election of a Deputy Mayor shall be conducted in the same manner. The term of the Deputy Mayor shall run concurrently with that of the Mayor. (RCW 35A.13.030) There are no term limits for the office of Mayor or Deputy Mayor. 2. The election for Mayor shall be conducted by the City Clerk. The City Clerk shall call for nominations. Each member of the City Council shall be permitted to nominate one person, and a nomination shall not require a second. A nominee who wishes to decline the nomination shall so state at that time. Nominations are then closed. The election for Deputy Mayor shall be conducted by the Mayor, and nominations shall be made in the manner previously described for the election of the Mayor. 3. Except when there is only one nominee, election shall be by written ballot. Each ballot shall contain the name of the Councilmember who cast it. Selection of Mayor and of Deputy Mayor shall each be determined by majority vote of Councilmembers present. The City Clerk shall publicly announce the results of the election. Thereafter, the City Clerk shall record the individual Councilmember's vote in the minutes of the meeting. 4. If the first round of votes results in no majority vote of Councilmembers present, the voting process shall be repeated no more than two more times. During subsequent votes, Councilmembers do not have to vote the same as they did in the previous vote. If after three attempts, Council is unable to agree on a Mayor by majority vote of Councilmembers present, the office of Mayor shall be temporarily filled by an Acting Mayor, which shall be the Councilmember who just previously served as Mayor if that person is still a member of Council, or if the previous Mayor is no longer a Councilmember, then by the Deputy Mayor, or if such person prefers not to serve as Mayor or if that person is no longer a member of Council, the Councilmember with the next highest seniority. The Acting Mayor shall continue in office and exercise such authority as is described in RCW 35A.13 until the members of the Council agree on a Mayor, which shall be determined at the next scheduled Council meeting, at which time the role of Acting Mayor shall cease and terminate. 5. At the next scheduled Council meeting voting for Mayor shall proceed in the same manner as the initial first round of voting from the previous Council meeting, but Councilmembers shall only vote on the Councilmembers who received the highest number of votes. If after three voting attempts, there is still no majority vote of Councilmembers present, the vote shall be determined by whichever Councilmember has the most votes at the third voting attempt. If at that time, there is a two-way tie of Councilmembers receiving the most votes, the tie shall be broken based on the flip of a coin. The City Manager shall flip the coin. If there are more than two Councilmembers tying with the most votes, that tie shall be determined by another means of chance to narrow the Councilmembers down to two, at which time the outcome shall be determined by written ballot. B. Filling Council Vacancies 1. General Process: (Note that public comment shall not be taken during this entire process.) If a vacancy occurs on the City Council, the Council shall follow the procedures outlined in RCW 35A.13.020 and Council's adopted procedure in compliance with RCW 35A.13.020, as well as RCW 42.12.070. The timeline will vary depending on when the process begins. Pursuant to RCW 35A.13.020, City Council has 90 days from the vacancy to appoint a qualified person to the vacant position. If this timeframe is not met, the City's authority in this matter would cease and the Spokane County Board of Commissioners would appoint a qualified person to fill the vacancy. In order to be qualified to run for Spokane Valley City Council, or hold such position, a person must be [RCW 42.04.020] a citizen of the United States, 18 years of age or older, a resident of the City of Spokane Valley for a year or more preceding his or her election, a registered voter in the City of Spokane Valley at the time of filing the declaration of candidacy and at the time of filing the declaration of candidacy Page 33 of 63 if the candidate had ever been convicted of a felony, they must no longer be under the authority of the Department of Corrections, or currently incarcerated for a felony. Pursuant to RCW 42.12, remaining members of Council shall appoint a qualified person to fill the vacancy as an interim position who will serve from the date of appointment until the person elected in the November odd - numbered year general election takes office, which is the date the election results are certified, normally around the 26th of November. (See also 35A.12.040) Immediately upon the election being certified, that just -elected person will take the oath of office, take their position as a member of Council, and complete the remainder of the unexpired term. a. Procedure for Filling a Council Vacancy, Timeline/Procedure-Publication: The City Clerk shall publish the vacancy announcement inviting citizens of the City who are interested and qualified to sit as a Councilmember, to apply on an application form provided by the City (see Appendix E for application). Qualifications to sit as a Councilmember are set forth in RCW 35A.13.020, which refers to RCW 35A.12.030: (1) must be a registered voter of the city at the time of filing his or her declaration of candidacy; (2) has been a resident of the city for a period of at least one year next preceding his or her election. Additional qualifications include those stated above under #1 General Process, and that Councilmembers shall not hold any other office or employment within the Spokane Valley City government [RCW 35A.12.030]. In order to avoid any real or perceived conflict of interest, no member of Council's immediate family may be currently employed by the City of Spokane Valley since employment is considered a contractual matter, and a councilmember would have a prohibited interest in a contract between a family member who is an employee of the city, and the city. (See Appendix E Definitions for description of immediate family.) If possible, the vacancy announcement shall be published for three consecutive weeks. b. The City Clerk shall establish the deadline to receive applications, for example, no later than 4:00 p.m. on a certain date. c. RCW 42.30.110(1)(h), set a special meeting with an executive session beginning at 5:00 p.m. Council shall meet and adjourn to executive session to review and discuss all of the applications. After the review and discussion, Council shall return to Council Chambers and the Special Meeting shall be adjourned. d. Hold a regular 6:00 p.m. meeting, same evening as above special meeting. Pursuant to RCW 42.30.110(1)(h), Council shall meet in open session and part of this agenda shall include selection of applicants to interview. Selection shall be by nomination and second. A vote shall be taken and candidates receiving a majority vote of those councilmembers present, shall be interviewed. Immediately after this Council meeting or as soon as practicable, the Clerk shall send a list of potential questions to all those to be interviewed. e. Schedule the conducting of the interviews for an upcoming Council meeting. Pursuant to RCW 42.30.110(1)(h), the interviews shall be conducted during an open Council meeting. Each interview shall be a maximum of 30 minutes. f. Schedule a special 5:00 p.m. meeting with an executive session. Pursuant to RCW 42.30.110(1)(h), Council shall meet and adjourn to executive session (closed session) to discuss applicants. After the discussion, the Special Meeting shall be adjourned as usual. g. Hold a regular 6:00 p.m. meeting, same evening as "f' above special meeting. Pursuant to RCW 42.30.110(1)(h), Council shall meet in open session; and the last action item of that agenda will include a vote to fill the vacancy. Upon selection of the new Councilmember, that person shall be sworn in by the City Clerk, and take their seat at the dais. 2. Nomination Options for Conducting Interviews: a. After holding an executive session to review applications, during a subsequent open session, any Councilmember may i. nominate an applicant to be interviewed ii. the nomination must be seconded iii. Councilmembers may make more than one nomination, but only one at a time iv. the Mayor shall ask if there are further nominations v. if no further nominations, the Mayor shall close the nominations vi. votes shall be taken on each applicant in the order of nomination vii. votes shall be by raised hand Page 34 of 63 viii. applicants receiving a majority of votes of those Councilmembers present, shall be interviewed ix. once all voting has taken place, the City Clerk shall summarize which applicants shall be interviewed based on the voting outcome. As soon as possible after the Council meeting, the City Clerk shall notify each applicant to inform them if they will or will not be interviewed; notify those to be interviewed of the date and time for their interview, and send each person to be interviewed, the list of possible interview questions; or x. Instead of the above nomination process, after holding an executive session to review applications, Council may choose to interview all applicants b. The length of the interview shall be determined based upon the number of applicants and interviews shall be done in last -name alphabetical order. The City Clerk shall notify all applicants of the date, time and procedure for their interview. To keep the process as fair as possible, on the date of the interview, applicants not yet interviewed shall be asked to wait in a waiting area outside the Council Chambers and away from viewing or hearing the meeting's proceedings. c. If during open session, Council has nominated only one person to interview, or in the case of more than one vacancy, one person per vacancy, Council may forego the interview process and move to make the appropriate appointment. 3. Interview Questions/Process: During the interview, each Councilmember may ask each candidate a maximum of three questions, which includes any follow-up questions. Candidates shall be interviewed in alphabetical order of last name. 4. Nomination and Voting Process to Select Applicant: a. Nomination Process: Councilmembers may nominate an applicant to fill the vacancy. A second is required. If no second is received, that applicant shall not be considered further unless no applicant receives a second, in which case all applicants who were nominated may be considered again. Councilmembers may not make more than one nomination unless the nominee declines the nomination and unless there is no second to the nomination; in which case the Councilmember make another nomination. Once the nominations are given, the Mayor shall close the nominations and Council shall proceed to vote. b. Voting Process. RCW 42.12.070 states that where one position is vacant, the remaining members of the governing body shall appoint a qualified person to fill the vacant position. By adoption of this policy, Council has chosen the following process for making such appointment: i. Except when there is only one nominee, a vote for an applicant shall be by written ballot. Each ballot shall contain the name of the Councilmember who cast it. ii. The vacancy may only be filled when a majority of the remaining City Council (whether present or not) affirmatively votes for the applicant, i.e. if five City Councilmembers are present, this would require at least four Councilmembers voting for an applicant. If subsequent rounds of voting are needed, each round of voting follows the same process. The Mayor may ask for Council discussion between voting rounds. iii. Round One Vote: The City Clerk shall publicly announce the results of the election. The applicant receiving the majority of votes shall be the new Councilmember. If no applicant receives a majority of votes from the City Council, then the three applicants receiving the most affirmative votes would be considered in a second round. iv. Round Two Vote: Round Two proceeds the same as Round One. If one of the three applicants still fails to receive a majority of affirmative votes, then the two applicants of the three who received the most affirmative votes would then be considered in a third round; or if there are only two applicants and they receive tie votes, a third round shall be taken. Councilmembers may change their vote between rounds. v. Round Three Vote: Round Three proceeds the same as Rounds One and Two. If after this round, the vote of the two applicants results in a tie, then the City Manager, with concurrence of Council shall flip a coin to determine who shall fill the vacancy, with the applicant whose last name is closest to the letter A being assigned "heads" and the other person assigned "tails." In the rare circumstance where Page 35 of 63 both applicants' last name begins with the same letter of the alphabet, the applicant whose entire last name is closest to the letter A shall be assigned "heads" and the other person assigned "tails." In the equally rare circumstance where both applicants have the same last name, the applicant whose first name is closest to the letter A shall be assigned "heads" and the other person assigned "tails." 5. Seating of New City Councilmember: Once an applicant either has received a majority of votes or wins the coin flip, if the appointed applicant is at the meeting, the City Clerk shall administer the oath of office, and the new Councilmember shall be officially seated as a City Councilmember. If the appointed applicant is not at the meeting, such action is not official until the applicant takes the oath of office. C. Legislative Agenda Councilmembers work each year (or sometimes every two years) to draft a State and a Federal "legislative agenda" to address Council ideas, suggestions and specific legislative programs in terms of upcoming or pending legislative activity in Olympia and Washington, D.C. that would or could have an effect on our City. Additionally, Councilmembers have the option of creating a similar legislative agenda to These agendas address concerns on a national level, which can also be addressed during Council's participation in the Association of Washington Cities (AWC)—annual conference, and the annual National League of Cities Conferences held in Washington, D.C. D. Council Travel Allocation Council is allocated a budget to handle certain City business -related travel expenses. The total allocation of travel funding budgeted for the legislative branch for the fiscal year shall be apportioned equally among six Councilmembers, and the Mayor may receive additional funding based on the extra travel demands of the office. These monies may be used to defray expenses for transportation, lodging, meals and incidental expenses incurred in the conduct of City business. Periodic updated statements of expenditures are available to Councilmembers upon request shall be provided to each Councilmember byto the Finance Department or the City Manager's Executive Assistant. Should a Councilmember exhaust their apportionment of funds, that person shall be personally responsible for payment of any travel and related expenses unless they have requested and received written affirmation from another Councilmember of their voluntary allocation to grant the travel related expenses from that granting Councilmember's travel apportionment. Such granting of travel allocations shall be documented with the appropriate completed form (see Appendix F). During the last six months of a Councilmember's current term of office, Councilmembers shall not incur4g City business -related travel expenditures outside a 50 mile radius, requires the prior authorization of the Finance Committee, except unless when such travel fulfills the obligations of the Councilmember's service on statewide or regional boards, commissions or task forces. E. COUNCIL EXPENSE REIMBURSEMENT POLICY 1. Travel Approval and Expense. a. General Travel: Councilmembers are entitled to payment of and reimbursement for lawful expenditures incurred on official City business when such expenditures are within the allotted budget. The City shall not reimburse Councilmembers for meals or beverages with constituents when there is not at least a quorum present as that would not be considered official City business. The City shall not reimburse an expense associated with fundraising or political events. The City shall also not reimburse an expense if that expense is reimbursable by another agency. Each Councilmember shall be permitted to travel within the constraints of each Councilmember's allotted budget, which may also include donated allocation(s) from another Councilmember(s). (See Appendix F for Request Form.) b. Allowable Travel Expense. Allowed travel expenses include transportation, lodging, meals, and other related expenditures lawfully incurred by Councilmembers in the course and scope of their Councilmember duties. However, normal commuting miles to and from regular Council meetings within the City limits, are not reimbursable. Page 36 of 63 i. Meals and lodging are reimbursed at a cost deemed customary and reasonable. Meal receipts shall be itemized to receive reimbursement. are provided as a per diem rate at 35% above the amounts posted by the General Services Administration at www.gsa.gov/perdiem. For each full day of travel, all three meals are reimbursable unless they are provided by a third party. Meals provided through a third party, such as through a conference registration, will be subtracted from the per diem amount. Per diems on the first and last day of a trip are governed as set forth below. Departure Day Depart before 8:00 am Breakfast, lunch and dinner Depart before 12:00 noon Lunch and dinner Depart after 12:00 noon Dinner Return Day Return before 12:00 noon Breakfast Return between 12:00 noon & 7:00 p.m. Breakfast and lunch Return after 7:00 p.m.* Breakfast, lunch and dinner ii. Lodging is reimbursed for the actual cost of the room, minus any room extras. If paid in advance, a receipt is required for reimbursement. iii. Tips are allowable expenditures when they approximate 15% or less, unless the restaurant or personal service provider sets a mandatory group rate at a higher percentage, or the tip is already included in the expenditure. Please carefully examine your bill and be aware of statements such as "A service charge of %/$ will be added to your bill." Reimbursement for tips is limited to food service, valet services, and taxi/ride share transportation. Tips on meals are included in the per diem rates above. ii-iv. When staff is making and paying for air travel arrangements, airline trip insurance may be purchased on a case -by -case basis at the discretion of the City Manager. Times when such trip insurance may be purchased include necessary travel when the weather is questionable. iv. A monthly mileage stipend of $25 shall be provided for local travel for City business within 15 miles from City Hall. If travel is beyond 15 miles from City Hall, mM4ileage shall be reimbursed according to the current IRS mileage rates for traveled miles as determined by such websites as google maps, or other internet apps or mileage distance calculators, using the shortest route between two places. c. Non -Reimbursement or Prohibition of Travel Expense. Unauthorized travel expenses include but are not limited to the following items, for which no reimbursement shall be allowed: i. Liquor ii. Expense of a spouse or other persons not authorized to receive reimbursement under this policy iii. Personal entertainment/movies iv. Theft, loss, or damage to personal property v. Barber or beauty parlor vi. Airline or other trip insurance (see c above) vii. Personal postage viii. Reading material except for that associated with official City business ix. Personal telephone calls x. Personal toiletry articles, including toothpaste, toothbrush, comb, brush, candy, gum, tissues, and other miscellaneous items xi. Dry cleaning/laundry service Page 37 of 63 xii. Prohibited expenses charged to the City in error shall be immediately reimbursed. d. Conferences/Meetings/Seminars. i. Where a meal is included in a registration package, the cost of a meal eaten elsewhere is not reimbursable shall not be provided in the per diem rate unless its purpose is to allow the conduct of City business. ii. For meetings or seminars hosted by an organization for which the City pays membership dues, lodging is limited to the amounts that are reasonable and necessary based upon the government or conference rate offered by the host hotel(s). iii. When an extra day's stay would reduce airfare beyond the extra day's hotel and meals, a Councilmember may stay an extra day. 2. Payment of Expenses. a. Use of City Credit Cards. Use of City credit cards for travel is authorized pursuant to chapter 2.65 SVMC. b. Prepayment. Examples of travel expenses subject to prepayment include registration fees, airline tickets, and certain lodging where the cost is part of the registration package. Prepayment is generally handled by the City Manager's Executive Assistant. c. Direct Billing. Direct billing to the City for expenses such as meals and lodging is prohibited. d. Expense Reimbursement Report. Expense Reimbursement Forms shall be completed no less than monthly. Councilmembers shall complete the Expense Reimbursement Form and submit it to Finance, documenting the amount due the Councilmember, or City as appropriate. The actual amounts expended shall be written on the form with itemized receipts attached. The completed Expense Reimbursement Form shall be submitted to Finance within 45 days after completing travel, Expense Reimbursement Forms submitted more than 45 days after completing travel shall not be honored. 3. Use of Personal Vehicle. a. Reimbursement. Expenses for the use of personally -owned vehicles in the course of City business are reimbursed at the then -current U.S. Government (IRS) rate. Councilmembers who use their personal car for City business shall carry, at a minimum, the Washington state required insurance coverage. Councilmembers shall be responsible for maintaining this coverage at their own cost. b. Passengers. Should more than one Councilmember travel in the same personal vehicle on City business, only the individual owning the vehicle is entitled to reimbursement for transportation. 4. Cancellation. A Councilmember shall adhere to cancellation deadlines when canceling conferences, seminars, regional meetings, hotel, and airfare, or any other pre -payment or obligation made on his/her behalf. Except in the case of a personal or family emergency, or in the event the cancellation was a City business decision, expenses incurred by the City resulting from failure to conform to cancellation deadlines are the personal responsibility of the Councilmember and the Finance Committee shall be informed, and those expenses shall be repaid to the City within fourteen calendar days of the cancellation. F. Ballot Measures: 1. State Law RCW 42.17A 555. State law has enacted statutory prohibitions (with limited exceptions) against the use of public facilities to support or oppose ballot propositions: "No elective official nor any employee of his or her office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition. Facilities of a public office or agency include, but are not limited to, use of stationery, postage, Page 38 of 63 machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons served by the office or agency. However, this does not apply to the following activities: (1) Action taken at an open public meeting by members of an elected legislative body or by an elected board, council, or commission of a special purpose district including, but not limited to, fire districts, public hospital districts, library districts, park districts, port districts, public utility districts, school districts, sewer districts, and water districts, to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (a) any required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body, members of the board, council, or commission of the special purpose district, or members of the public are afforded an approximately equal opportunity for the expression of an opposing view. (2) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry; (3) Activities which are part of the normal and regular conduct of the office or agency." [emphasis added] 2. City's Implementation of RCW 42.17A.555 In the City's implementation of RCW 42.17A.555, the City Council shall not, during any part of any Council meeting, consider requests from outside agencies or individuals, for Council to support or oppose ballot measures; nor shall Council permit any public comment on any past, current, or future possible/proposed ballot issue, whether or not such comments seek endorsement or are just to inform Council of upcoming or proposed ballot issues; nor shall Councilmembers disseminate ballot -related information. 3. Providing Informative Materials to Council The requestor has the option of mailing materials to individual Councilmembers via the United States Postal Office. Because even the use of e-mail for ballot purposes could be construed as use of public facilities and could be interpreted as being in violation of RCW 42.17A.555, materials should be sent via regular mail through the United States Postal Office. Information shall be objective only and not soliciting a pro or con position. 4. Public Comment. Council has determined that ballot issues (including past, current, or possible/proposed ballot issue) are not the business of the City, and has chosen not to support or oppose ballot issues as those are left to the will of the people voting. The use of any of the City's facilities including the use of the Council chambers and/or broadcast system would likely be construed as being in violation of RCW 42.17A.555 and therefore, general public comment on ballot issues, or proposed ballot issues shall not be permitted. (See page 14, Chapter 1, C Public Comments for more specific direction on allowable public comment) Page 39 of 63 CHAPTER 3 Council Contacts Page 40 of 63 A. Citizen Contact/Interactions Outside of a Council Meeting 1. Mavor/Council Correspondence Councilmembers acknowledge that in the Council/Manager form of government, the Mayor is recognized by community members as a point of contact. To facilitate full communications, staff shall work with the Mayor to circulate to Councilmembers, copies of emails and written correspondence directed to the Mayor regarding City business. This provision shall not apply to invitations for mayoral comments at various functions, nor requests for appointments or other incidental contact between citizens and the office of the Mayor. 2. Concerns, Complaints and Suggestions to Council When citizen concerns, complaints or suggestions are brought to any, some, or all Councilmembers, the Councilmember Mayor shouldsliall, when deemed appropriate and/or necessary, consult with the City Manager to, first determine whether the issue is legislative or administrative in nature and then: i. If legislative, and a concern or complaint is about the language or intent of legislative acts or suggestions for changes to such acts, and if such complaint suggests a change to an ordinance or resolution of the City, the Mayor and C t. Maaagematter may be referred, with Council consensus, the matter to a future Council agenda for Council's recommendation in forwarding the matter to a committee, administration, or to the Council for study and recommendation. ii. If administrative, and a concern or complaint regards administrative staff performance, execution of legislative policy or administrative policy within the authority of the City Manager, the Councilmember Mayer should then refer the complaint directly to the City Manager for review, if said complaint has not been so reviewed. The City Council may direct that the City Manager brief the Council when the City Manager's response is made. 3. Administrative Complaints Made Directly to Individual Councilmembers a. When administrative policy or administrative performance complaints are made directly to individual Councilmembers, the Councilmember shouldshall then refer the matter directly to the City Manager for review and/or action. The individual Councilmember may request to be informed of the action or response made to the complaint. However, the City Manager shall not be required to divulge information he/she deems confidential, in conformity with applicable statutes, ordinances, regulations, policies or practices. b. Although citizens' direct access to elected officials is to be encouraged to help develop public policy, City Councilmembers should not develop a "personal intervention" pattern in minor calls for service or administrative appeals which may actually delay a timely customer service response. The best policy is to get the citizen into direct contact with customer service unless an unsatisfactory result has occurred in the past. In that case, refer to the paragraph above. 4. Social Media Councilmembers shall not use social media as a mechanism for conducting official City business, although it is permissible to use social media to informally communicate with the public. Examples of what may not be communicated through the use of social media include making policy decisions, official public noticing, and discussing items of legal or fiscal significance that have not been released to the public. As with telephone and e-mails, communication between and among Councilmembers via social media could constitute a "meeting" under the Open Public Meetings Act, and for this reason, Councilmembers are strongly discouraged from "friending" other Councilmembers. 5. Donations On occasion, Councilmembers could be contacted by citizens or businesses regarding donations. ESee Spokane Valley Municipal Code 3.34. for policy on donations. Page 41 of 63 B. Staff Contacts and Interactions 1. Role of the City Manager The City Manager is the chief administrative officer of the City of Spokane Valley. The City Manager is directly accountable to the City Council for the execution of the City Council's policy directives, and for the administration and management of all City depaitnients. The powers and duties of the City Manager are defined by Washington law RCW 35A.13.080. Such duties may be expanded by Ordinance or Resolution. Balanced with the City Manager's accountability to the City Council for policy implementation is the need for the Council to allow the City Manager to perform legally defined duties and responsibilities without interference by the City Council in the management decisions of the City Manager. 2. City Staff Attendance at Meetings a. The City Manager or his/her designee shall attend all meetings of the City Council, unless excused by the Presiding Officer or Council. The City Manager shall be responsible to the Council for the proper administration of all affairs of the City. The City Manager shall recommend for adoption by the Council such measures as he/she may deem necessary or expedient; prepare and submit to the Council such reports as may be required by the body or as the City Manager deems advisable to submit; keep the Council fully advised as to the business of the City; and shall take part in the Council's discussion on all matters concerning the welfare of the City. (RCW 35A.13.080) b. It is Council's intent that the City Manager schedule adequate administrative support during Council meetings for the business at hand, keeping in mind that the City Manager must also protect the productive capability of department directorshcad5 and of all staff. Required attendance at meetings by City staff shall be at the pleasure of the City Manager. 3. City Clerk - Minutes The City Clerk, or in the Clerk's absence the Deputy City Clerk shall keep minutes as required by law, and shall perform such other duties in the meeting as may be required by the Council, Presiding Officer, or City Manager. In the absence of the City Clerk and the Deputy City Clerk, the City Clerk shall appoint a replacement to act as Clerk during the Council meeting. The Clerk shall keep minutes which identifies the general discussion of the issue and complete detail of the official action or agreement reached, if any. As a rule and when possible and practical, regular meetings, or those Council meetings held at 6 p.m. on Tuesdays, (which includes formal format and study session format) shall be video -recorded. Special meetings shall not normally be video -recorded. Executive Sessions shall not be video or audio recorded. Original, signed and approved minutes shall be kept on file in the City Clerk's office and archived according to State Record Retention Schedules. Copies of the approved minutes shall also be posted on the City's website as soon as practical after such minutes are approved and signed. Whenever possible, video recordings of Council meetings shall be posted on the City's website. 4. Administrative Interference by Councilmembers Neither the Council nor any of its committees or members shall direct or request the appointment of any person to, or his/her removal from, any office by the City Manager or any of his/her subordinates. Except for the purpose of inquiry, the Council and its members shall deal with the administrative branch solely through the City Manager and neither the Council nor any committee or member thereof shall give any directives, tasks, or orders to any subordinate of the City Manager, either publicly or privately; provided, however, that nothing herein shall be construed to prohibit the Council, while in open session, from fully and freely discussing with the City Manager anything pertaining to appointments and removals of City officers and employees and City affairs. (RCW 35A.13.120.) 5. Informal Communications Encouraged RCW 35A.13.120 should not be construed as to prevent informal communications with City staff that do not involve orders, direction, or are meant to influence actions or administrative policy. Members of the Council are encouraged to interact informally and casually with City staff for the purpose of gathering information, Page 42 of 63 obtaining explanations of policies and programs or providing incidental information to staff relevant to their assignment. Such informal contacts can serve to promote better understanding of specific City functions and problems. However, Councilmembers must be careful in such interaction to avoid giving direction or advice to members of City staff. While maintaining open lines of communication, City staff responding to information requests from Councilmembers shall inform their supervisor of such contact and provide the supervisor with the same information shared with the Councilmember. Page 43 of 63 CHAPTER 4 COMMITTEES, BOARDS, COMMISSIONS Page 44 of 63 A. Regional Committees, Commissions and Boards 1. Committees a. Spokane Valley Councilmembers and/or residents who seek representation on any standing committee, board, or commission required by state law, shall be appointed by the Mayor with confirmation by the Council. b. Appointment Process: Any committee, board, commission, task force, etc., requiring Mayoral appointment of committee members, shall also require confirmation by the Council, which shall be by majority vote of those present at the time the vote takes place. By majority vote, Council can reject the appointment. If Council fails to confirm the recommended appointment, the Mayor could either make another recommendation, or the appointment may be postponed to a later date, giving City staff opportunity to further advertise for committee openings. This process also applies to the annual appointment of Councilmembers to Committees and Boards, which is usually done during the first few weeks of January. c. Attendance at Committee/Board meetings: Attendance at these meetings is important so that a report can be given to the full Council concerning the meeting's activities, plans, agenda, etc. If the assigned Councilmember cannot attend the committee meeting, every effort should be made to give advance notice to the committee alternate to attend in their stead if possible. c. Removal Process of Councilmember. Any Councilmember on any committee, board, commission, task force, etc., requiring Mayoral appointment, may be removed by the Mayor, with confirmation by the Council, which shall be by majority vote of those present at the time the vote takes place. d. Removal Process of Citizen: Any citizen on any committee, board, commission, task force, etc., requiring Mayoral appointment, may be removed by the Mayor, with confirmation by the Council, which shall be by majority vote of those present at the time the confirmation vote takes place. Reasons for removal include conflict of interest, unexcused multiple absences, or for those committees which require the appointee to be a Spokane Valley citizen, failure to qualify as to residency. e. A Councilmember or citizen may resign due to conflicts of time or scheduling commitments, or other personal reasons. A vacancy caused by resignation, shall be filled as soon as appropriate, but not sooner than two weeks, with notation of such on the advance agenda. f. These committee, commission board appointments as well as removals, shall be placed as action items on Council meeting agendas, and when possible and practical, will be noted on the Advance Agenda at least two weeks prior to such action. 2. Council Relations with Boards, Commissions and Council Citizen Advisory Bodies a. The purpose of these appointments is to provide Council with insight into areas of interest or concern within each board. As liaisons and representatives of the City, it is the duty of Councilmembers to remember that their sole purpose in attending these meetings and participating as an appointed board/committee member is to represent the City; and as such during those meetings, Councilmembers may not act as a representative of any other business, group or organization without the express consent of the Council. b. Councilmembers are encouraged to share with all Councilmembers, copies of minutes from any statutory boards, commissions, or committees on which they serve and participate. Communications from such boards, commissions and bodies to the City Council which seek action or feedback, should be acknowledged by the Council, preferably by a letter from the Mayor. Any member of the Council may also bring such communication to the Presiding Officer's attention under the agenda item "Committee, Board and Liaison Reports." If any member of the Council requests that any such communication be officially answered by the Council, the Presiding Officer may place the matter on an upcoming agenda under New Business, Information, Council Comments (study session format), or other appropriate place, for a specific Council meeting, or take other appropriate action. Page 45 of 63 B. In -House Committees, Boards, etc. 1. Standing committees or commissions required by law shall be appointed by the Mayor for a time certain not to exceed the term provided by law or the term of office of the appointing Mayor and confirmed by Council. Such appointments are generally made at the first or second meeting in January. Following are established in- house committees: a. Planning Commission -- 7 members. "SVMC 18.10.010 Establishment and purpose. There is created the City of Spokane Valley Planning Commission (hereafter referred to as the "Planning Commission"). The purpose of the Planning Commission is to study and make recommendations to the Mayor and City Council for future planned growth through continued review of the City's Comprehensive Land Use Plan, development regulations, shoreline management, environmental protection, public facilities, capital improvements and other matters as directed by the City Council. 18.10.020 Membership. A. Qualifications. The membership of the Planning Commission shall consist of individuals who have an interest in planning, land use, transportation, capital infrastructure and building and landscape design as evidenced by training, experience or interest in the City. B. Appointment. Members of the Planning Commission shall be nominated by the Mayor and confirmed by a majority vote of at least four members of the City Council Planning commissioners shall be selected without respect to political affiliations and shall serve without compensation. The Mayor, when considering appointments, shall attempt to select residents who represent various interests and locations within the City. C. Number of Members/Terms. The Planning Commission shall consist of seven members. All members shall reside within the City limits. Terms shall be for a three-year period, and shall expire on the 31st day of December. D. Removal. Members of the planning commission may be removed by the Mayor, with the concurrence of the City Council, for neglect of duty, conflict of interest, malfeasance in office, or other just cause, or for unexcused absence from three consecutive regular meetings. Failure to qualify as to residency shall constitute a forfeiture of office. The decision of the City Council regarding membership on the planning commission shall be final and without appeal. E. Vacancies. Vacancies that occur other than through the expiration of terms shall be filled for the unexpired term in the same manner as for appointments. F. Conflicts of Interest. Members of the planning commission shall fully comply with Chapter 42.23 RCW, Code of Ethics for Municipal Officers; Chapter 42.36 RCW, Appearance of Fairness; and such other rules and regulations as may be adopted from time to time by the City Council regulating the conduct of any person holding appointive office within the City. No elected official or City employee may be a member of the planning commission." b. Lodging Tax Advisory Committee -- 5 members. "SVMC 3.20.040 Lodging tax advisory committee. The City Council shall establish a lodging tax advisory committee consisting of five members. Two members of the committee shall be representatives of businesses required to collect the tax, and at least two members shall be persons involved in activities authorized to be funded by this chapter. The City shall solicit recommendations from organizations representing businesses that collect the tax and organizations that are authorized to receive funds under this chapter. The committee shall be comprised equally of members who represent businesses required to collect the tax and members who are involved in funded activities. One member of the committee shall be from the City Council. Annually, the membership of the committee shall be reviewed. The Mayor shall nominate persons and the Councilmember for the lodging tax advisory committee with Council confirmation of the nominees. Nominations shall state the term of committee membership. Appointments shall be for one- and two- year terms." Page 46 of 63 c. Finance Committee-- 3 members. The Finance Committee generally consists of three Councilmembers. Meetings are conducted on an as -needed basis as determined by the City Manager. Matters that should be addressed by the Finance Committee, include, but are not limited to: i. authorizing on short notice, approval of change orders that are in excess of the amounts authorized in SVMC 3.35.010(C), in circumstances where such a change order is necessary to avoid a substantial risk of harm to the City. In such an event, the City Manager shall provide appropriate information to the city council at its next regular meeting setting forth the factual basis for the action. ii. during the last six months of a Councilmember's current term of office, incurring City business -related travel expenditures requires the prior authorization of the Finance Committee, except when such travel fulfills the obligations of the Councilmember's service on statewide or regional boards, commissions or task forces. iii. a Councilmember shall adhere to cancellation deadlines when canceling conferences, seminars, regional meetings, hotel, and airfare, or any other pre -payment or obligation made on his/her behalf. Except in the case of a personal or family emergency, or in the event the cancellation was a City business decision, expenses incurred by the City resulting from failure to conform to cancellation deadlines are the personal responsibility of the Councilmember and t e Finance C.»,-.mittee sl a1 be informed, and those expenses shall be repaid to the City within fourteen calendar days of the cancellation. This is generally tracked by the City Manager's Executive Assistant. d. Governance Manual Committee — 5 - 6 members This committee usually consists of two or three Councilmembers, the City Manager, the City Attorney, and the City Clerk. The purpose of this Committee is to periodically review the Governance Manual for edits needed for clarity or correction, or to add or edit specific sections by Council consensus, or by request of staff as the need arises. After discussion as a committee, the matter may be scheduled as an administrative report on a future Council agenda. The finalized Governance Manual shall be approved via Resolution. This committee should strive to meet quarterly throughout the year, e.g. in February, May, August, and November. e. A&enda Committee — Mayor, Deputy Mayor, City Manager, City Clerk At the Mayor's option, and either by a schedule determined by the Mayor or by personal individual invitation, the Mayor may invite a third Councilmember to attend this weekly meeting. The attendance by a third Councilmember is at the third Councilmember's discretion. Other staff may be invited at the discretion of the City Manager. As noted in Chapter 1(B)(4), this committee generally meets at a fixed weekly time to review the Council agenda of the upcoming meeting as an opportunity to ask questions and/or request additional materials or research needed for the impending meeting, and to review the Advance Agenda, which is a planning document to aid in scheduling items on future Council agendas. Since this is a standing committee of the Mayor, Deputy Mayor, City Manager, and City Clerk, no committee appointments are necessary. 2. When required by law, committee meetings should be open to the public, including the media, unless discussing matters which would qualify for an executive session if discussed within the whole Council. All Council committee meetings shall be for the purpose of considering legislative policy matters, rather than administrative matters unless requested by the City Manager. Legislative policy considerations should be brought to the Council unless referred to a committee for pre -study. 3. The Mayor may appoint such other ad hoc advisory committees or liaisons from the Council or community for the purpose of advising the Council in legislative policy matters. All ad hoc committees shall be defined by a clear task and a method of "sunsetting" the committee at the conclusion of the assigned task. As with all committee vacancies, ads announcing a vacancy or soliciting membership or participation in a task force or other committee shall be placed on the City's website, and in the City's official newspaper. C. Private Committees, Commissions, and Boards Page 47 of 63 The Council recognizes there are various other private boards and committees, such as Spokane Neighborhood Action Partners (SNAP), which appointments are made by their own board. These boards and committees which do not require an appointment by our Mayor, with confirmation by our Council, are nonetheless important aspects of our community and we recognize the time commitment any Councilmember may extend as a member of any of those committees and/or boards. As well, Council appreciates hearing a periodic report or update on activities and issues surrounding those boards and committees. Page 48 of 63 APPENDIX A Quasi -Judicial Hearings 1. Purpose Quasi-judicial public hearings involve the legal rights of specific parties, and the decisions made as a result of such hearings must be based upon and supported by the "record" developed at the hearing. Quasi-judicial hearings are subject to stricter procedural requirements than legislative hearings. Most quasi-judicial hearings held by local government bodies involve land use matters, including site specific rezones, preliminary plats, variances, and conditional uses. (MRSC Public Hearings When and How to Hold Them by Bob Meinig, MRSC Legal Consultant August 1998) 2. Specific Statutory Provisions a. Candidates for the City Council may express their opinions about pending or proposed quasi-judicial actions while campaigning, pursuant to RCW 42.36.040, except that sitting Councilmembers shall not express their opinions on any such matter which is or may come before the Council. b. Ex parte communications should be avoided whenever possible. During the pendency of any quasi-judicial proceeding, no Councilmember may engage in ex parte communications with proponents or opponents about a proposal involved in the pending proceeding unless the Councilmember: (1) places on the record the substance of such verbal or written communications; and (2) provides that a public announcement of the content of the communication and of the parties' rights to rebut the substance of the communication shall be made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and his or her elected official if the correspondence is made a part of the record, when it pertains to the subject matter of a quasi-judicial proceeding. (RCW 42.36.060) 3. Actions/Procedures for a Quasi -Judicial Public Hearing See Spokane Valley Municipal Code Appendix C for City Council Appeal Hearing Procedures. Page 49 of 63 APPENDIX B: RESOLUTION 07-019 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 07-019 AMENDED GENERAL POLICY RESOLUTION OF CORE BELIEFS A RESOLUTION OF THE CITY OF SPOKANE VALLEY AMENDING RESOLUTION 03-027, ESTABLISHING A GENERAL POLICY RESOLUTION EMANATING FROM THE CORE BELIEFS OF THE CITY COUNCIL AND COMMUNITY AND SETTING FORTH DUTIES OF BOTH ELECTED AND APPOINTED OFFICIALS OF THE CITY TO HELP GUIDE LEGISLATIVE AND EXECUTIVE DECISIONS TOWARD EFFECTIVE, RESPONSIVE, AND OPEN GOVERNMENT WHEREAS, the City Council of the City of Spokane Valley, as the elective legislative body, is charged with promulgating Ordinances and Resolutions which become the law of the city; and WHEREAS, such Ordinances and Resolutions must provide enforceable provisions subordinate to, and in harmony with, all other applicable federal and state statutes and regulations; and WHEREAS, the City Council desires to provide a clear set of general policy guidelines for the conduct of city government; Section 1. Modifying Resolution 03-027 as set forth below by adding new section 7. The remainder of the resolution 03-027 is unchanged: NOW, THEREFORE, the City Council of the City of Spokane Valley does hereby affirm and resolve that the following core beliefs shall serve as guidelines for the conduct of affairs by all branches of Spokane Valley City Government. Section 1. Section 2. We believe that Spokane Valley should be a visionary city encouraging its citizens and their government to look to the future beyond the present generation and to bring such ideas to public discussion and to enhance a sense of community identity. We believe that elected body decision -making is the only lawful and effective way to conduct the public's legislative business and that careful observance of a clear set of Governance Coordination rules of procedure can best enhance public participation and decision making Section 3. We believe in the City Council as policy leaders of the City. One or more City Councilmembers are encouraged to take the lead, where practical, in sponsoring Ordinances or Resolutions excepting quasi-judicial or other public hearings and the statutory duties of the City Manager as set forth in RCW 35A.13.020. Section 4. Section 5. We believe in hearing the public view. We affirm that members of the public should be encouraged to speak and be heard through reasonable rules of procedure when the public business is being considered, thus giving elected officials the broadest perspectives from which to make decisions. We believe that the City of Spokane Valley's governance should be known as "user friendly," and that governance practices and general operations should consider how citizens will be served in the most responsive, effective and courteous manner. Page 50 of 63 Section 6. Section 7. Section 8. We believe that the economic and commercial job base of the community should be preserved and encouraged to grow as an alternative to increasing property taxes. We believe it imperative to have an expanded and diverse economic base. We believe that Councilmembers set the tone for civic discussion and should set an example by: (a) Setting high standards of decorum and civility. (b) Encouraging open and productive conversation amongst themselves and with the community about legislative matters. (c) Demonstrating respect for divergent points of view expressed by citizens, fellow Councilmembers and the staff. (d) Honoring each other and the public by debating issues within City Hall and the Community without casting aspersions on members of Council, the staff, or the public. (e) Accepting the principle of majority rule and working to advance the success of "corporate" decisions. We solicit the City Manager's support in conducting the affairs of the city with due regard for: (a) Promoting mutual respect between the Citizens, City staff and the City Council by creating the organizational teamwork necessary for effective, responsive and open government. (b) Providing the City Council and public reasonable advance notice when issues are to be brought forward for discussion. (c) Establishing and maintaining a formal city-wide customer service program with emphasis on timely response, a user-friendly atmosphere, and an attitude of facilitation and accommodation within the bounds of responsibility, integrity, and financial capability of the city, including organizational and job description documents while pursuing "best practices" in customer service. (d) Seeking creative ways to contain or impede the rising cost of governmental services, including examination of private sector alternatives in lieu of governmentally provided services. (e) Providing a data base of future projects and dreams for the new City of Spokane Valley so that good ideas from its citizens and leaders are not lost and the status of projects can be readily determined. Approved by the City Council this 11`h day of December, 2007. ATTEST: /s/ DIANA WILHITE /s/ CHRISTINE BAINBRIDGE Christine Bainbridge, City Clerk Approved as to form: /S/ MICHAEL F. CONNELLY Office of the City Attorney Diana Wilhite, Mayor Page 51 of 63 APPENDIX C: STATEMENT OF ETHICS SPOKANE VALLEY CITY COUNCILMEMBERS' STATEMENT OF ETHICS By adoption of the Resolution which adopts this Governance Manual, the Spokane Valley City Councilmembers hereby agree to be bound by the following rules of ethics: DECLARATION OF PURPOSE: • Provide guidelines and set high ethical standards for Councilmembers to perform their duties in an open, honest, and unbiased manner. • Establish procedures for prevention and/or elimination of possible conflicts of interest. • Improve and strengthen the public's perception and trust in their local government. DEFINITIONS: Compensation: Anything of economic value regardless of amount, however designated, which is paid, loaned, advanced, granted, transferred, or gifted, or to be paid, loaned, advanced, granted, transferred or gifted for or in consideration of personal services to any person or that person's immediate family as that term is defined in RCW 42.17A.005. Contract: Includes any contract or agreement, sale, lease, purchase, or any combination of the foregoing. A contracting party is any person, partnership, association, cooperative, corporation, whether for profit or otherwise, or other business entity which is a party to a contract with a municipality. PROHIBITED CONDUCT: (a) Acceptance of Gifts: No Councilmember, based upon their position with the City of Spokane Valley, shall receive, accept, take, seek, or solicit, directly or indirectly, anything of economic value regardless of the amount, as a gift, gratuity, or favor from any person or entity outside the City organization. Exceptions to this prohibition are if an item less than $50.00 value meal is provided to a Councilmember while that person is participating in business related to their position as a Councilmembera meeting or event held by an entity to which a Councilmember is assigned for representation by the City; or when actively participating by the City. Campaign donations made and reported in conformance with Washington law are exempt from this provision. [RCW 42.23.070] (b) Interest in Contracts, Exceptions: No Councilmember shall be beneficially interested, directly or indirectly, in any contract where the City of Spokane Valley is named as a party to the contract; and no Councilmember shall accept, directly or indirectly, any compensation, gratuity or reward in connection with such contract. This prohibition shall not apply to the exceptions specified in RCW 42.23.030 which are incorporated herein as if fully set forth. (c) Incompatible Service, Confidential Information: No Councilmember shall engage in or accept private employment or render services for any person, or engage in any business or professional activity when such is incompatible with the faithful discharge of his/her official duties as a Councilmember. No Councilmember shall disclose confidential information acquired by reason of such official position, nor shall such information be used for the Councilmember's personal gain or benefit. PERSONAL OR PRIVATE INTERESTS, PUBLIC DISCLOSURE: Any Councilmember who has a financial or other private or personal interest in any ordinance, resolution, contract, proceeding, or other action pending before the City Council or any of its committees, shall promptly disclose such interest at the first public meeting when such matter is being considered by the City Council, and a summary of the nature of such interest shall be incorporated into the official minutes of the City Council proceedings. Any Councilmember who feels disqualified by reason of such interest in any matter before the City Council, shall make a public statement and disclose the reasons why that Councilmember feels disqualified, and state that they are recusing themselves from the issue, and with permission of the Presiding Officer, will leave the Council Chambers until such time as the issue at hand has been disposed of in the regular course of business. Page 52 of 63 Appendix D: Frequently Used Acronyms AACE - American Association of Code Enforcement ADA - Americans with Disabilities Act ADT - Average Daily Traffic ATF - Bureau of Alcohol, Tobacco & Firearms AWC - Association of Washington Cities BOCC - Board of County Commissioners CAFR - Comprehensive Annual Financial Report CDBG - Community Development Block Grant CIP - Capital Improvement Plan CM - City Manager CM/AQ - Congestion Mitigation & Air Quality Program COVID-19 — CO=corona, VI=virus, & D=disease; 2019 novel coronavirus; infectious disease caused by severe acute respiratory syndrome coronavirus 2; WHO declared it a global pandemic March 2020 CTED - Community, Trade, & Economic Development (now Department of Commerce) CTR - Commute Trip Reduction (legislation) CUP - Conditional Use Permit DEIS - Draft Environmental Impact Statement DEM - Depaitnient of Emergency Management DNR - Department of Natural Resources DNS - Declaration of Non -Significance DOC — Department of Commerce DOE - Department of Ecology; Department of Energy DOT - Department of Transportation (also WSDOT) E911 - Enhanced 911 EA - Environment Assessment EDC - Economic Development Council EEO/AA - Equal Employment Opportunity/Affirmative Action EEOC - Equal Employment Opportunity Commission EIS - Environmental Impact Statement EOE - Equal Opportunity Employer EPA - Environmental Protection Agency ERU - Equivalent Residential Unit (for measuring water -sewer capacity and demand) ESU - Equivalent Service Unit (for measuring stormwater utility fees) Page 53 of 63 F & WS - Federal Fish & Wildlife Service FAA - Federal Aviation Administration FCC - Federal Communications Commission FEIS - Final Environmental Impact Statement FEMA - Federal Emergency Management Agency FICA - Federal Insurance Contribution Act FIRM - Flood Insurance Rate Maps FLSA - Fair Labor Standards Act FMLA - Family Medical Leave Act FMSIB — Freight Mobility Strategic Investment Board FY - Fiscal Year GAAP - Generally Accepted Accounting Principles GASB - Governmental Accounting Standards Board GIS - Geographic Information System GMA - Growth Management Act GPM - Gallons Per Minute HOV - High -Occupancy Vehicle HR - Human Resources HUD - Housing & Urban Development (Department of) ICMA - International City/County Management Association L & I - Labor & Industries (Department of) LID - Local Improvement District MGD - Million Gallons per Day MOA - Memorandum of Agreement MOU - Memorandum of Understanding MPO - Metropolitan Planning Organization MRSC - Municipal Research Services Center NEPA - National Environment Policy Act NIMBY - Not In My Backyard NPDES - National Pollutant Discharge Elimination System PE - Preliminary Engineering; Professional Engineer PERC - Public Employment Relations Commission PMS - Pavement Management System PPE - Personal Protective Equipment PPM - Parts Per Million; Policy & Procedure Manual PUD - Public Utility District Page 54 of 63 PW - Public Works QA - Quality Assurance RCW - Revised Code of Washington REET - Real Estate Excise Tax RONR - Robert's Rules of Order Newly Revised ROW - Right of Way SAO - State Auditor's Office SBA - Small Business Administration SEPA - State Environmental Policy Act SMA - Shorelines Management Act SWAC - Solid Waste Advisory Committee TIB - Transportation Improvement Board TIP - Transportation Improvement Program TMDL - Total Maximum Daily Load UBC - Uniform Building Code UFC - Uniform Fire Code UGA - Urban Growth Area WAC - Washington Administrative Code WACO - Washington Association of County Officials WCIA - Washington Cities Insurance Authority WCMA - Washington City/County Management Association WHO — World Health Organization WSDOT - Washington State Department of Transportation WSP - Washington State Patrol WUTC - Washington Utilities & Transportation Commission WWTP - Wastewater Treatment Plant Page 55 of 63 Spokane �Va11ey� APPENDIX E CITY OF SPOKANE VALLEY 10210 E. Sprague Avenue Spokane Valley, WA 99206 (509) 720-5000 APPLICATION FOR INTERIM COUNCIL POSITION Thank you for your interest in serving the Spokane Valley community as an Interim Council Member. An Interim Council Member is the term used for someone to serve in a vacated council position until that vacated position can be filled as a result of the next general municipal election (held odd years) [RCW 42.12.070] To be considered, applicants must use this form. Applications shall be completed, signed, and received at the City Clerk's office, 10210 E. Sprague Avenue, no later than p.m. on (late arriving applications will not be considered). Applications may be hand - delivered or mailed. Faxed or e-mailed applications will not be accepted because the original application with the original signature must be received by the City. During the interview process, Current Councilmembers will ask applicants several questions on a variety of topical subjects, which could include but are not limited to: budget, pavement preservation, transportation, infrastructure, public safety, economic development, planning and development, open space, familiarity with Council meetings, Open Public Meetings Act, Public Records Act, and Council/Manager form of government. Name (please print): Complete Residence Address: Complete Mailing Address: (if different from above address): Length of time lived at current address: U.S. Citizen? [ ]yes [ ]no WA State Registered Voter? [ ]yes [ ]no If you have lived at your current address less than one year, please list your previous addresses and state how long you lived at those residences: Complete Previous Address Length of Time at this Address Which is your preferred way for us to contact you: [Note: If you have an unlisted phone number, or do not wish your e-mail address made public, do not include that information. Once this document is submitted to the City, it becomes subject to public disclosure.] [ ] Home Phone [ ] work phone [ ] Cell Phone [ ] other message phone [ ] e-mail address: (please print plainly): [ ] regular mail to residence or mailing address shown above Page 56 of 63 EMPLOYMENT: Start with most recent 1. [ ] present [ ] previous Name of Employer: Address: Phone: Position held: Dates of Employment: 2. [ ] present [ ] previous Name of Employer: Address: Phone: Position held: Dates of Employment: 3. [ ] present [ ] previous Name of Employer: Address: Phone: Position held: Dates of Employment: EDUCATION: Name of High School Diploma or GED: [ ] yes Address: [ ] no Trade School/College/University: Name of School Diploma: [ ] yes [ ] no Trade School/College/University: Name of School Diploma: [ ] yes [ ] no Other Certifications/Licenses: Address: Degree or Certification Earned: Address: Degree or Certification Earned: VOLUNTEER EXPERIENCE: name of social, fraternal, organizations, etc. 1. [ ] current [ ] previous 2. [ ] current [ ] previous 3. [ ] current [ ] previous 4. [ ] current [ ] previous 5. [ ] current [ ] previous LOCAL, STATE OR NATIONAL PROFESSIONAL ORGANIZATIONS, INCLUDING GOVERNMENT BOARDS, COMMITTEES, OR COMMISSIONS 1. [ ] current [ ] previous 2. [ ] current [ ] previous 3. [ ] current [ ] previous 4. [ ] current [ ] previous 5. [ ] current [ ] previous 1. Are you a registered voter in the City of Spokane Valley? Yes [ ] No [ ] Page 57 of 63 2. Have you continuously resided within the city limits of the City of Spokane Valley for a year or more? (State law requires a councilmember to be a resident of Spokane Valley for at least a year prior to appointment, and to be a registered voter at the time of application.) Yes [ ] No [ ] 3. Have you ever been convicted of anything other than a minor traffic infraction? Yes [ ] No [ ] 4. If you answered "YES" to #3 above, please explain: 5. Do you or your spouse or any immediate family member (spouse, children, siblings, parents) have a financial interest in, or are you an employee or officer of any business or agency which does business with the City of Spokane Valley? Yes [ ] No [ ] If yes, please explain: 6. Is any member of your immediate family currently employed, either full time or part time, by the City of Spokane Valley, or currently perform any volunteer work for the City of Spokane Valley? Yes[ ] No[ ] If yes, please explain: 7. Would your appointment create a conflict of interest or an appearance of a conflict of interest? Yes[ ] No[ ] If yes, please explain: 8. Why are you interested in serving in this position? 9. What do you feel is the primary responsibility of a Councilperson? 10. Have you ever attended a live meeting of the Spokane Valley City Council? Yes [ ] No [ ] If yes, give an estimate of how many meetings you have attended in the past twelve months: 11. Appointment to the City Council will require your attendance at regularly scheduled Council meetings, which generally occur on Tuesday evenings, as well as other special meetings that may be scheduled from time to time. This meeting commitment includes preparation time, such as reading the Council packet materials. Councilmembers also participate on various boards and committees (such as STA, Visit Spokane, Health Board, etc.) as assigned by the Mayor and confirmed by Council. Many of these groups meet during regular work hours. Can you commit the appropriate time and energy to participate as an interim member of the Spokane Valley City Council. Yes [ ] No [ ] Page 58 of 63 12. References: Please list name, address and phone number: 1. 2. 3. Once submitted, applications and related materials become a public record subject to public disclosure, and could be included in Council agenda packets. Selection of the applicant must be approved by a majority vote of the remaining Councilmembers. No City officer shall hold any other office or employment within the Spokane Valley City government. By signing this application, I certify under penalty of perjury, that such appointment would not represent a conflict of interest or an appearance of a conflict of interest; that I recognize this application is subject to public disclosure; and that the information entered hereon by me is true and correct to the best of my knowledge and belief. Signature Date Signed Page 59 of 63 oi*t°N,, Spokane .Valley APPENDIX F CITY COUNCIL 10210 E Sprague Avenue • Spokane Valley WA 99206 Phone: (509) 720-5000 • Fax: (509) 720-5075 • www.spokanevalley.org Request to Transfer Travel/ Registration Budgets Transfer from Councilmember's name Account number Amount Signature Date Transfer to Councilmember's name Account number Amount Signature Date Page 60 of 63 Appendix G: Definitions Action: All transactions of a governing body's business, including receipt of public testimony, deliberations, discussions, considerations, reviews, and evaluations, as well as "final" action. [RCW 42.30.010, 42.30.020(3)]. Codified: The process of forming a legal code (i.e., a municipal code or book of laws) by collecting and including the laws of a jurisdiction or municipality. Consensus: A collective judgment or belief; solidarity of opinion: "The consensus of the group was that they should meet twice a month. General agreement or harmony. [Random House Webster's College Dictionary, April 2001] [Wikipedia: explains it as a group decision making process, or Does anyone object?] It is not unanimity, but more a process for deciding what is best overall. Members of the group reach a decision to which they consent because they know it is the best one overall. It differs from voting which is a procedure for tallying preferences. It does not require each member of the group to justify their feelings. [Taken from: Consensus Is Not Unanimity: Making Decisions Cooperatively, by Randy Schutt. '7 Similar to a type of verbal "show of hands" on who feels particularly strong on this?" Sometimes thought of as preliminary approval without taking final "action." A show of hands is not an action that has any legal effect. ["Voting and Taking Action in Closed Sessions" by Frayda Bulestein.] Ex-parte: from a one-sided or partisan point of view; on the application of one party alone. An ex- parte judicial proceeding is conducted for the benefit of only one party. Ex-parte may also describe contact with a person represented by an attorney, outside the presence of the attorney. Immediate Family: includes a spouse or domestic partner, dependent children, and other dependent relatives, if living in the household. For the purposes of the definition of "intermediary" in this section, "immediate family" means an individual's spouse or domestic partner, child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half-sister of the individual and the spouse or the domestic partner of any such person and a child, stepchild, grandchild, parent, stepparent, grandparent, brother, half-brother, sister, or half-sister of the individual's spouse or domestic partner and the spouse or the domestic partner of any such person (RCW 42.17A.005(24)). Motion: An enacted motion is a form of action taken by the Council to direct that a specific action be taken on behalf of the municipality. Once approved and entered into the record, is the equivalent of a resolution in those instances where a resolution is not required by law, and where such motion is not in conflict with existing state or federal statutes, City ordinances or resolutions. Ordinance: An enacted ordinance is a law passed [enacted] by a municipal organization legislatively prescribing specific rules of organization or conduct relating to the corporate affairs of the municipality and those citizens and businesses therein. Council action shall be taken by ordinance when required by law, or where prescribed conduct may be enforced by penalty. Special ordinances such as adopting the budget, vacating a street, amending the Comprehensive Plan and/or Map, and placing a matter on an election ballot, including general obligation bonds, are not codified into the City's municipal code. Resolution: An enacted resolution is an administrative act which is a formal statement of policy concerning matters of special or temporary character. Council action shall be taken by resolution when required by law and in those instances where an expression of policy more formal than a motion is desired. Regular Meeting: Any Council meeting that meets in the Spokane Valley City Council Chambers on Tuesday at 6:00 p.m. shall be deemed a "regular meeting." Social Media: A term used to define the various activities that integrate technology, social interaction and content creation. Through social media, individuals or collaborations of individuals create on-line web content, organize content, edit or comment on content, combine content, and share content. Includes many technologies and forms including syndicated web feeds, weblogs (blogs), wiki, photo -sharing, video -sharing, podcasts, and social networking. (From MRSC, and Social Media and Web 2.0 in Government, WebContent.gov) Page 61 of 63 A Absences • 16 Acceptance of Gifts: • 49 ad hoc committees • 45 Advance Agenda • 14, 19 affirmative motion • 19 amended agenda • 8, 9, 11, 13 applause • 15, 27 applications • 27, 32, 33 attendance • 40 INDEX F 8 ballot • 15, 31, 33, 36, 37, 58 bias • 22, 23 budget amendment • 22, 24 Cancellation of Meetings: • 14 candidate • 12, 33 City Manager • 3, 6, 8, 9, 10, 12, 13, 14, 16, 18, 19, 22, 23, 24, 26, 28, 31, 33, 39, 40, 45, 47, 48, 50 coin flip • 34 Community Recognition Program • 25 complaint • 39 Confidential material • 18 Conflict of interest • 22 Core Beliefs • 3, 4 D dais • 10, 18, 28, 32 deadline • 32 Demonstration • 15 disruptive • 15, 17, 27 E election • 31, 32, 33, 36, 58 electronic message • 16, 18 e-mail • 15, 18, 36 emergency • 9, 11, 13, 18, 22, 24, 28, 61 Emergency • 2, 14, 18, 50, 51, 61 ethical • 49 executive session • 11, 12, 32, 33, 45 executive sessions • 11, 12, 28 Filling a Council Vacancy • 32 Finance Committee • 44 Finance Department • 34 fiscal restraint • 26 flip of a coin • 31 H hearings • 26 holiday • 8 1 impractical • 13, 14, 29 informal contacts • 41 Internet • 16, 17, 18 L leave of absence • 16, 17 M majority of the whole • 22, 24 Majority Plus One • 22, 24 majority vote • 6, 8, 10, 16, 19, 21, 24, 28, 31, 43, 44 maker of the motion • 19, 20, 21 misleading • 10 N nomination • 31, 32, 33 notice • 8, 13, 16, 28, 36, 48, 61 O Open Public Meetings Act • 5, 8, 10, 11, 18, 39, 53, 61 out of order • 15, 18, 21, 27 Outside Requests • 10 P parliamentarian • 16 podium • 9, 15, 18, 26, 27 Pre -Agenda • 2, 14 presentations • 8, 10, 15, 27 prevailing side • 27, 28 Page 62 of 63 Public Comment • 37 public comments • 9, 14, 15, 19, 26, 27 Public Records Act: • 5 Q qualifications • 12, 32 quasi-judicial • 15, 28, 46, 47 quorum • 5, 6, 16, 22, 61 R rearrange • 8, 11 recommended appointment • 43 reconsideration • 27, 28 recuse • 22, 23 Remote • 2, 17 Removal • 43, 44 Request for Council Action • 28 seats • 16 social media • 39, 58 speak twice •20 special meeting • 11, 13, 14, 24, 32 surprise • 10 surprises • 10, 20, 28 T table • 21, 27 Table • 2, 21 tax • 26, 44 telephone • 17, 39 three minutes • 14, 19, 27 Three Touch • 23, 28, 29 Three -Touch • 9, 11 tie •22,31,33 travel • 34 U unexcused absence • 16, 44 Unexpected Motions • 10 unusual circumstances • 23, 29 vacancy • 31, 32, 33, 45 video • 17, 40, 58 vote to extend the meeting • 10, 11 w waived • 8, 22, 24 withdraw the motion • 21 written comments • 15, 27 Page 63 of 63 To: From: Re: DRAFT ADVANCE AGENDA as of November 10, 2022; 9:30 a.m. Please note this is a work in progress; items are tentative Council & Staff City Clerk, by direction of City Manager Draft Schedule for Upcoming Council Meetings Nov 22, 2022, Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. First Reading Ordinance 22-024 Amending Petty Cash Process - Chelsie Taylor 3. Resolution 22- Adopting Amended Governance Manual - John Hohman, Tony Beattie 4. Motion Consideration: Comprehensive Plan Docket Approval - Chaz Bates 5. Motion Consideration: Law Enforcement Contract Renewal - Morgan Koudelka, Erik Lamb 6. Admin Report: 2023 Fee Resolution - Chelsie Taylor 7. Admin Report: Fire Dept Monthly Report - Chief Soto 8. Admin Report: Advance Agenda - Mayor Haley 9. Info Only: Department Monthly Reports 10. Executive Session: [RCW 42.30.110(1)(g)] Review Performance of a public employee [*estimated meeting: 60 mins] Nov 29, 2022 - meeting cancelled - Thanksjiivinji holiday December 6, 2022, Special meeting, 4:00 p.m. - Legislators Dec 6, 2022, Study Session, 6:00 p.m. ACTION ITEM: 1. Second Reading Ordinance 22-024 Amending Petty Cash Process - Dan Domrese 2. Resolution 22- Amending Petty Cash Process - Chelsie Taylor 3. Mayoral Appointment: Citizen to Spokane Housing Authority - Mayor Haley NON -ACTION ITEMS: 4. Federal Legislative Agenda - Mike Pieper, Virginia Clough 5. CenterPlace Catering Contract - Erik Lamb, John Bottelli 6. Sprague Avenue Stormwater Project - Gloria Mantz, Jerremy Clark 7. Chronic Nuisance - Erik Lamb, Chief Ellis 8. Right -of -Way Maintenance - Bill Helbig 9. Pavement Management Program Funding Options - Adam Jackson, Bill Helbig 10. Advance Agenda - Mayor Haley Dec 13, 2022, Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Resolution 22- Adopting Fees for 2023 - Chelsie Taylor [due Tue Nov 15] (5 minutes) (5 minutes) (10 minutes) (5 minutes) (10 minutes) (10 minutes) (10 minutes) (5 minutes) [due Tue Nov 29] (5 minutes) (5 minutes) (5 minutes) (20 minutes) (10 minutes) (15 minutes) (20 minutes) (15 minutes) (15 minutes) (5 minutes) [*estimated meeting: 115 mins] [due Tue Dec 6] (5 minutes) (10 minutes 3. Motion Consideration: Street & Stormwater Maint. & Repair Services Contract 2023 Option Yr- B.Helbig (5 minutes) 4. Motion Consideration: Street Sweeping Service Contract 2023 Option Year Renewal - Bill Helbig (5 minutes) 5. Motion Consideration: CenterPlace Catering Contract - Erik Lamb, John Bottelli 6. Motion Consideration: Lodging Tax Awards for 2023 - Chelsie Taylor 7. Admin Report: Sullivan/Trent Interchange - Jerremy Clark, Rob Lochmiller 8. Admin Report: Graffiti Abatement Program - Erik Lamb 9. Admin Report: Annexation Update - Virginia Clough, Mike Basinger 10. Admin Report: Advance Agenda - Mayor Haley 11. Executive Session: [RCW 42.30.110(1)(g)] Review Performance of a public employee [*estimated meeting: 85 mins] Dec 20, 2022, Study Session/Hybrid, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Motion Consideration: Sullivan/Trent Interchange - Gloria Mantz 3. Admin Report: Neighborhood Restoration - Bill Helbig, Henry Allen 4. Admin Report: River Loop Trail Update - Gloria Mantz 5. Admin Report: Advance Agenda - Mayor Haley 6. Info Only: Department Monthly Reports (5 minutes) (15 minutes) (15 minutes) (10 minutes) (10 minutes) (5 minutes) [due Tue Dec 13] (5 minutes) (10 minutes) (15 minutes) (10 minutes) (5 minutes) [*estimated meeting: 45 mins] Draft Advance Agenda 11/10/2022 2:18:03 PM Page 1 of 2 Dec 27, 2022 — meeting cancelled — Christmas holiday Jan 3, 2023, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Haley Jan 10, 2023, Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Mayoral Appointments: Councilmembers to Committees — Mayor Haley 3. Mayoral Appointments- Planning Commission — Mayor Haley 4. Mayoral Appointments: LTAC Committee — Mayor Haley 5. Admin Report: Advance Agenda — Mayor Haley Jan 17, 2023, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Haley Jan 24, 2022, Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Fire Dept Monthly Report — Chief Soto 3. Admin Report: Advance Agenda — Mayor Haley 4. Info Only: Department Monthly Reports Jan 31, 2023, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Haley Feb 7, 2023, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Haley February 14, 2023, Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Haley February 21, 2023 Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Haley February 28, 2023 Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Fire Dept Monthly Report — Chief Soto 3. Admin Report: Advance Agenda — Mayor Haley 4. Info Only: Department Monthly Reports March 7, 2023, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Haley March 14, 2023, Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Haley March 21, 2023 Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Haley *time for public or council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Airport Expansion Update Park Lighting Appleway Trail Amenities Pavement Mgmt. Funding Basement space PFD Presentation CDBG Interlocal Prosecutor Services Consolidated Homeless Grant Residency Continuum of Care (info item) SCRAPS Update Core Beliefs Resolution St. Illumination (owners, cost, location) Mirabeau Park Forestry Mgmt. St. O&M Pavement Preservation Outside Agency Grant Process Street Scaping, signs, trees, etc.- info item [due Tue Dec 27] (5 minutes) [due Tue Jan 3] (5 minutes) (10 minutes) (5 minutes) (5 minutes) (5 minutes) [due Tue Jan 10] (5 minutes) [due Tue Jan 17] (5 minutes) (10 minutes) (5 minutes) [due Tue Jan 24] (5 minutes) [due Tue Jan 31] (5 minutes) [due Tue Feb 7] (5 minutes) (5 minutes) [due Tue Feb 14] (5 minutes) [due Tue Feb 21] (5 minutes) (10 minutes) (5 minutes) [due Tue Feb 28] (5 minutes) [due Tue March 7] (5 minutes) (5 minutes) [due Tue March 14] (5 minutes) Vehicle Wgt Infrastructure Impact Water Districts & Green Space Way Finding Sign Draft Advance Agenda 11/10/2022 2:18:03 PM Page 2 of 2 Spokane Hey Memorandum FINANCE DEPARTMENT Chelsie Taylor, Finance Director 10210 E Sprague Avenue • Spokane Valley WA 99206 Phone: (509) 720-5000 • Fax: (509) 720-5075 • www.spokanevalley.org To: John Hohman, City Manager From: Chelsie Taylor, Finance Director Date: November 10, 2022 Re: Finance Department Activity Report — September 2022 Following is information pertaining to Finance Department activities through the end of September 2022 and included herein is an updated 2022 Budget to Actual Comparison of Revenues and Expenditures through the end of September. 2021 Year-end Process The 2021 books were closed in April and the annual financial report was completed and filed in May. The State Auditor's Office was on site in July and are currently working on completing the audit of 2021. 2022 Budget Amendment #2 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: • October 11 Admin Report • October 25 Public Hearing • October 25 First reading on proposed ordinance amending the 2022 Budget • November 8 Second reading on proposed ordinance amending the 2022 Budget 2023 Budget 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 • October 25 • November 8 • November 8 Public hearing #2 on 2023 Budget First reading on proposed ordinance adopting the 2023 Budget Public hearing #3 on the 2023 Budget Second reading on proposed ordinance adopting the 2023 Budget P:IFinancelFinance Activity Reports\Council Monthly Reports1202212022 09 30.docx Page 1 2023 Property Tax Levy A significant part of the budget development process includes the annual levy of property taxes which in 2023 are expected to account for approximately 24.09% of recurring General Fund revenues. Council discussions specifically related to this topic will take place at the following meetings: • September 13 Public hearing on 2023 revenues including property taxes • September 20 Admin Report on proposed ordinance levying 2023 property taxes • October 11 First reading of ordinance levying 2023 property taxes and confirming tax levy • October 25 Second reading of ordinance levying 2023 property taxes and confirming tax levy Outside Agency Funding in the 2023 Budget The City has historically provided funding for local organizations involved in either social services or economic development activities and the preliminary 2023 Budget currently has $244,000 collectively available for this, with $62,000 being set aside for contracted economic development. The schedule leading to awarding funds is as follows: • July 15 Letters mailed to agencies that have historically received funding, media release to City website and notice to newspapers • August 12 Agency requests are due at City Hall • September 20 Economic development and social service agency presentations to Council • October 25 Council makes final determination of awards Lodging Tax The schedule leading to awarding funds is as follows: • August 26 • September 30 • October 12 • November 8 • December 13 Letters mailed to agencies that have historically received funding, media release to City website and notice to newspapers Grant applications due at City Hall Grant applicant presentations to lodging tax advisory committee Admin report to Council on results of lodging tax advisory committee meeting City Council motion consideration: Award lodging tax for 2023 Budget 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 6 through 19. 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 September 2022 activity P:IFinancelFinance Activity Reports\Council Monthly Reports1202212022 09 30.docx Page 2 o Cumulative 2022 activity through September 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 73.75% of the amount budgeted with 75.00% 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 $7,545,232 or 57.16% of the amount budgeted. • Sales tax collections represent only eight months of collections thus far because taxes collected in September are not remitted to the City by the State until the latter part of October. Collections are currently at $21,024,377 or 75.85% of the amount budgeted. • Gambling taxes are at $297,237 or 81.43% of the amount budgeted. Gambling taxes are paid quarterly with third quarter payments due by October 31s1 • Franchise Fee and Business Registration revenues are typically received in the month following a calendar year quarter. So far in 2022 we have received $771,032 or 63.46% of the amount budgeted. • State shared revenues are composed of State of Washington distributions that include items such as liquor board profits, liquor excise tax, streamlined sales tax mitigation and criminal justice monies. Most of these revenues are paid by the State in the month following a calendar quarter. Through September we've received remittances totaling $1,531,456 or 76.75% of the amount budgeted. • Fines and forfeitures revenues are composed of monthly remittances from Spokane County with payments made in the month following the actual assessment of a fine and false alarm fees. Through September we've received remittances through the month of August with receipts of $292,914 or 55.51% 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 $3,316,399 or 125.8% of the amount budgeted. • Recreation program revenues are composed of revenues generated by the variety of parks and recreation programs including classes, swimming pools (in -season), and CenterPlace. Currently, revenues total $513,247 or 81.55% of the amount budgeted. Recurring expenditures are currently at $31,814,767 or 64.79% of the amount budgeted with 75.00% of the year elapsed. Investments (page 20) Investments at September 30 total $94,095,066 and are composed of $88,979,992 in the Washington State Local Government Investment Pool and $5,115,074 in bank CDs. Total Sales Tax Receipts (page 21) Total sales tax receipts reflect State remittances through September and total $23,771,771 including general, criminal justice, and public safety taxes. This figure is $122,806 or 0.52% greater than the same eight -month period in 2022. Economic Indicators (pages 22 — 24) 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. P:IFinancelFinance Activity Reports\Council Monthly Reports1202212022 09 30.docx Page 3 1. Sales taxes (page 22) provide a sense of how much individuals and businesses are spending on the purchase of goods. 2. Hotel / Motel taxes (page 23) provide us with a sense of overnight stays and visits to our area by tourists or business travelers. 3. Real Estate Excise taxes (page 24) provide us with a sense of real estate sales. Page 22 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 decreased by $117,113 or 0.55%. • 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 23 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 $148,045 or 33.42%. • Collections reached an all-time high in 2021 of $744,437, besting the previous record of $743,851 in 2019. Page 24 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 $715,887 or 20.98%. • Collections reached an all-time high in 2021 of $6,218,227. Debt Capacity and Bonds Outstandinq (page 25) 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 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 26 and 27) The last two charts reflect a history for the two primary sources of revenue in Street Fund #101. These include: Page 26 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 $107,668 or 8.72%. • Tax receipts peaked in 2007 at just approximately $2.1 million and have generally ranged around $2 million in the years 2013 through 2021. P:IFinancelFinance Activity Reports\Council Monthly Reports1202212022 09 30.docx Page 4 Page 27 provides a 10-year history of Telephone Utility Tax collections with monthly detail beginning January 2013. • Compared with 2021, 2022 collections have decreased by $29,209 or 4.22%. 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:IFinancelFinance Activity Reports\Council Monthly Reports1202212022 09 30.docx Page 5 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 09 30 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Nine -Month Period Ended September 30, 2022 #001 - GENERAL FUND RECURRING ACTIVITY Budget Year Elapsed = 2022 75.00% 2022 Budget Actual Actual through Budget September September 30 Remaining % of Budget Revenues Property Tax 13,199,900 119,742 7,545,232 (5,654,668) 57.16% Sales Tax 27,720,000 2,777,889 21,024,377 (6,695,623) 75.85% Sales Tax - Public Safety 1,276,000 130,835 996,976 (279,024) 78.13% Sales Tax - Criminal Justice 2,244,000 230,346 1,750,418 (493,582) 78.00% Gambling Tax and Leasehold Excise Tax 365,000 1 297,237 (67,763) 81.43% Franchise Fees/Business Registration 1,215,000 16,357 771,032 (443,968) 63.46% State Shared Revenues 1,995,500 277,941 1,531,456 (464,044) 76.75% Fines, Forfeitures and Penalties 527,700 28,038 292,914 (234,786) 55.51% Community and Public Works 2,636,200 265,562 3,316,399 680,199 125.80% Recreation Program Revenues 629,400 48,227 513,247 (116,153) 81.55% Grant Proceeds 100,000 2,687 4,478 (95,522) 4.48% Miscellaneous Department Revenue 22,500 0 20,122 (2,378) 89.43% Miscellaneous& Investment Interest 288,500 129,499 471,616 183,116 163.47% Transfers in - #105 (h/m tax-CP advertising) 30,000 0 0 (30,000) 0.00% Total Recurring Revenues 52,249,700 4,027,124 38,535,504 (13,714,196) 73.75% Expenditures City Council 681,512 35,366 445,218 236,294 65.33% City Manager 921,126 66,465 612,181 308,945 66.46% City Attorney 735,989 84,684 587,711 148,278 79.85% Public Safety 29,804,434 2,224,905 19,719,512 10,084,922 66.16% Deputy City Manager 544,422 43,445 383,150 161,272 70.38% Finance 1,246,980 101,787 954,930 292,050 76.58% Human Resources 335,365 26,246 243,668 91,697 72.66% Information Technology 403,123 33,552 248,318 154,805 61.60% City Facilities Operations and Maintenance 400,020 28,946 316,797 83,223 79.20% Community & Public Works - Administration 302,228 25,026 187,271 114,957 61.96% Community & Public Works - Engineering 2,344,186 145,135 1,360,327 983,859 58.03% Community & Public Works - Econ Development 1,461,862 96,328 904,453 557,409 61.87% Community & Public Works - Building 2,186,762 141,183 1,519,438 667,324 69.48% Community & Public Works - Planning 839,730 57,134 422,817 416,913 50.35% Parks & Rec - Administration 351,018 26,190 241,940 109,078 68.93% Parks & Rec - Maintenance 950,455 74,112 623,467 326,988 65.60% Parks & Rec - Recreation 330,687 19,231 210,053 120,634 63.52% Parks & Rec - Aquatics 538,700 133,355 236,291 302,409 43.86% Parks & Rec - Senior Center 36,801 199 4,932 31,869 13.40% Parks & Rec - CenterPlace 970,375 86,097 605,709 364,666 62.42% General Government 1,703,713 93,773 644,451 1,059,262 37.83% Transfers out - #204 ('16 LTGO bond debt service) 401,400 0 267,600 133,800 66.67% Transfers out - #309 (park capital projects) 160,000 0 106,667 53,333 66.67% Transfers out - #311 (pavement preservation) 1,001,800 0 667,867 333,933 66.67% Transfers out - #502 (insurance premium) 450,000 0 300,000 150,000 66.67% Total Recurring Expenditures 49,102,688 3,543,158 31,814,767 17,287,921 64.79% Recurring Revenues Over (Under) Recurring Expenditures 3,147,012 483,966 6,720,736 3,573,724 Page 6 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 09 30 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Nine -Month Period Ended September 30, 2022 #001 - GENERAL FUND - continued NONRECURRING ACTIVITY Budget Year Elapsed = 2022 75.00% 2022 Budget Actual Actual through Budget September September 30 Remaining % of Budget Revenues Transfers in -#312 2,100,000 0 0 (2,100,000) 0.00% Coronavirus Local Fiscal Recovery Funds 0 5,602,605 5,614,769 5,614,769 0.00% Total Nonrecurring Revenues 2,100,000 5,602,605 5,614,769 3,514,769 267.37% Expenditures City Manager (office furniture) 5,000 0 4,723 277 94.47% Public Safety (radar trailer) 24,000 0 34,678 (10,678) 144.49% Public Safety (replace HVAC units at Precinct) 0 0 2,341 (2,341) 0.00% 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 700,000 69,047 354,196 345,804 50.60% 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% Parks & Rec (statue installation costs) 0 12,798 16,858 (16,858) 0.00% Parks & Rec (main entry door controller) 0 8,168 8,168 (8,168) 0.00% Financial Software Capital Costs 1,000,000 0 0 1,000,000 0.00% General Government - IT capital replacements 136,000 0 87,273 48,727 64.17% General Government (Covid-19 Related Costs) 0 5,678 24,320 (24,320) 0.00% Transfers out - #101 (Street Fund operations) 2,820,419 0 1,880,279 940,140 66.67% Transfers out - #122 (replenish reserve) 89,805 0 0 89,805 0.00% Transfers out - #312 ('20 fund bal >50%) 3,593,000 0 0 3,593,000 0.00% Transfers out - #501 (vehicle for Code Enf. Supervi: 40,000 0 0 40,000 0.00% Total Nonrecurring Expenditures 10,014,924 95,690 2,412,837 7,602,087 24.09% Nonrecurring Revenues Over (Under) Nonrecurring Expenditures (7,914,924) 5,506,915 3,201,932 11,116,856 Excess (Deficit) of Total Revenues Over (Under) Total Expenditures (4,767,912) 5,990,881 9,922,669 14,690,581 Beginning fund balance 44,206,845 44,206,845 Ending fund balance 39,438,933 54,129,513 Page 7 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 09 30 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Nine -Month Period Ended September 30, 2022 SPECIAL REVENUE FUNDS #101 - STREET FUND RECURRING ACTIVITY Budget Year Elapsed = 2022 75.00% 2022 Budget Actual Actual through Budget September September 30 Remaining % of Budget Revenues Telephone Utility Tax 932,000 82,146 662,943 (269,057) 71.13% Motor Vehicle Fuel (Gas) Tax 1,896,000 192,155 1,336,349 (559,651) 70.48% Multimodal Transportation 130,200 34,409 103,236 (26,964) 79.29% Right -of -Way Maintenance Fee 85,000 0 9,888 (75,112) 11.63% Investment Interest 500 1,307 3,148 2,648 629.69% Miscellaneous Revenue 10,000 0 79 (9,921) 0.79% Total Recurring Revenues 3,053,700 310,018 2,115,644 (938,056) 69.28% Expenditures Wages / Benefits / Payroll Taxes 1,128,523 93,347 916,529 211,994 81.21% Supplies 176,700 2,992 143,085 33,615 80.98% Services & Charges 2,698,644 62,605 2,222,116 476,528 82.34% Snow Operations 890,502 34,600 751,170 139,332 84.35% Intergovernmental Payments 909,000 2,656 452,274 456,726 49.76% Vehicle Rentals - #501 (non -plow vehicle rental) 10,250 0 6,833 3,417 66.67% Vehicle Rentals-#501 (plow replace) 60,500 0 40,333 20,167 66.67% Total Recurring Expenditures 5,874,119 196,200 4,532,341 1,341,778 77.16% Recurring Revenues Over (Under) Recurring Expenditures (2,820,419) 113,818 (2,416,697) 403,722 NONRECURRING ACTIVITY Revenues Insurance Proceeds (traffic signal cabinet) 0 45,472 83,923 83,923 0.00% Transfers in - #001 2,820,419 0 1,880,279 (940,140) 66.67% Transfers in - #122 0 0 0 0 0.00% Total Nonrecurring Revenues 2,820,419 45,472 1,964,202 (856,217) 69.64% Expenditures Generator for Maintenance Shop 50,000 0 13,144 36,856 26.29% Streetlight Replacement Program 35,500 0 35,409 91 99.74% Light Pole Repair 0 0 2,369 (2,369) 0.00% Transfers out - #501 80,000 0 0 80,000 0.00% Total Nonrecurring Expenditures 165,500 0 50,922 114,578 30.77% Nonrecurring Revenues Over (Under) Nonrecurring Expenditures 2,654,919 45,472 1,913,280 (741,639) Excess (Deficit) of Total Revenues Over (Under) Total Expenditures (165,500) 159,290 (503,417) (337,917) Beginning fund balance 1,156,301 1,156,301 Ending fund balance 990,801 652,884 #103 - PATHS & TRAILS Revenues Motor Vehicle Fuel (Gas) Tax Investment Interest 8,000 810 5,636 (2,364) 70.45% 100 59 203 103 203.10% Total revenues 8,100 870 5,839 (2,261) 72.09% Expenditures Capital Outlay 0 0 0 0 0.00% Total expenditures 0 0 0 0 0.00% Revenues over (under) expenditures 8,100 870 5,839 (2,261) Beginning fund balance 29,558 29,558 Ending fund balance 37,658 35,398 Page 8 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 09 30 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Nine -Month Period Ended September 30, 2022 SPECIAL REVENUE FUNDS - continued Budget Year Elapsed = 2022 75.00% 2022 Budget Actual Actual through Budget September September 30 Remaining % of Budget #104 - TOURISM FACILITIES HOTEL/MOTEL TAX FUND Revenues Tourism Facilities Hotel/Motel Tax 400,000 73,495 386,763 (13,237) 96.69% Investment Interest 2,500 8,487 29,410 26,910 1176.38% Transfers in - #105 273,000 0 0 (273,000) 0.00% Total revenues Expenditures Capital Outlay Total expenditures Revenues over (under) expenditures Beginning fund balance Ending fund balance #105 - HOTEL/MOTEL TAX FUND Revenues Hotel/Motel Tax Investment Interest 675,500 81,982 416,173 (259,327) 61.61% 0 0 0 0 0.00% 0 0 0 0 0.00% 675,500 81,982 416,173 (259,327) 4,672,194 4,672,194 5,347,694 5,088,367 600,000 113,078 591,033 (8,967) 98.51% 1,000 1,088 3,595 2,595 359.45% Total revenues 601,000 114,166 594,628 (6,372) 98.94% Expenditures Transfers out - #001 30,000 0 0 30,000 0.00% Transfers out - #104 273,000 0 0 273,000 0.00% Tourism Promotion 298,000 103,150 107,280 190,720 36.00% Total expenditures 601,000 103,150 107,280 493,720 17.85% Revenues over (under) expenditures 0 11,017 487,347 (500,092) Beginning fund balance 165,000 165,000 Ending fund balance 165,000 652,347 #106 - SOLID WASTE Revenues Solid Waste Administrative Fees 225,000 24,900 173,010 51,990 76.89% Solid Waste Road Wear Fee 1,600,000 182,601 1,321,171 278,829 82.57% Investment Interest 7,000 4,358 12,633 (5,633) 180.46% Total revenues 1,832,000 211,859 1,506,813 325,187 82.25% Expenditures Transfers out - #311 1,600,000 0 0 1,600,000 0.00% Education & Contract Administration 232,000 2,566 35,601 196,399 15.35% Total expenditures 1,832,000 2,566 35,601 1,796,399 1.94% Revenues over (under) expenditures 0 209,293 1,471,213 (1,471,213) Beginning fund balance 1,140,119 1,140,119 Ending fund balance 1,140,119 2,611,331 #107 - PEG FUND Revenues Comcast PEG Contribution Investment Interest 79,000 0 33,286 45,714 42.13% 0 334 1,116 (1,116) 0.00% Total revenues 79,000 334 34,402 44,598 43.55% 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 6,000 334 34,402 (28,402) Beginning fund balance 165,895 165,895 Ending fund balance 171,895 200,297 Page 9 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 09 30 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Nine -Month Period Ended September 30, 2022 SPECIAL REVENUE FUNDS - continued Budget Year Elapsed = 2022 75.00% 2022 Budget Actual Actual through Budget September September 30 Remaining % of Budget #108 - AFFORDABLE & SUPPORTIVE HOUSING TAX FUND Revenues Affordable & Supportive Housing Tax 193,000 23,994 104,491 88,509 54.14% Investment Interest 0 791 2,621 (2,621) 0.00% Total revenues 193,000 24,785 107,112 85,888 55.50% 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 24,785 107,112 85,888 Beginning fund balance 367,327 367,327 Ending fund balance 560,327 474,439 #120 - CENTER PLACE OPERATING RESERVE FUND Revenues Investment Interest Transfers in 0 0 o o 0 0.00% 0 0 0 0.00% Total revenues 0 0 0 0 0.00% Expenditures Operations Total expenditures 0 0 0 0 0.00% 0 0 0 0 0.00% Revenues over (under) expenditures 0 0 0 0 Beginning fund balance 300,000 300,000 Ending fund balance 300,000 300,000 #121 - SERVICE LEVEL STABILIZATION RESERVE FUND Revenues Investment Interest Transfers in 0 0 0 0 0 0.00% 0 0 0 0.00% Total revenues 0 0 0 0 0.00% Expenditures Operations Total expenditures 0 0 0 0 0.00% 0 0 0 0 0.00% Revenues over (under) expenditures 0 0 0 0 Beginning fund balance 5,500,000 5,500,000 Ending fund balance 5,500,000 5,500,000 #122 - WINTER WEATHER RESERVE FUND Revenues Investment Interest Transfers in - #001 800 730 2,629 1,829 328.63% 89,805 0 0 (89,805) 0.00% Subtotal revenues 90,605 730 2,629 (87,976) 2.90% 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 (409,395) 730 2,629 (587,976) Beginning fund balance 434,887 434,887 Ending fund balance 25,492 437,516 Page 10 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 09 30 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Nine -Month Period Ended September 30, 2022 DEBT SERVICE FUNDS #204 - DEBT SERVICE FUND Revenues Spokane Public Facilities District Transfers in - #001 Transfers in - #301 Transfers in - #302 Total revenues Budget Year Elapsed = 2022 75.00% 2022 Budget Actual Actual through Budget September September 30 Remaining % of Budget 501,200 0 75,600 (425,600) 15.08% 401,400 0 267,600 (133,800) 66.67% 81,100 0 54,067 (27,033) 66.67% 81,100 0 54,067 (27,033) 66.67% 1,064,800 0 451,333 (613,467) 42.39% Expenditures Debt Service Payments - CenterPlace 501,200 0 75,600 425,600 15.08% Debt Service Payments - Roads 162,200 0 6,100 156,100 3.76% Debt Service Payments -'16 LTGO Bond 401,400 0 113,200 288,200 28.20% Total expenditures 1,064,800 0 194,900 869,900 18.30% Revenues over (under) expenditures 0 0 256,433 (1,483,367) Beginning fund balance 0 0 Ending fund balance 0 256,433 Page 11 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 09 30 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Nine -Month Period Ended September 30, 2022 CAPITAL PROJECTS FUNDS #301 - CAPITAL PROJECTS FUND Revenues REET 1 - Taxes Investment Interest Total revenues Budget Year Elapsed = 2022 75.00% 2022 Budget Actual Actual through Budget September September 30 Remaining % of Budget 1,500,000 529,676 2,063,732 563,732 137.58% 2,000 9,984 32,352 30,352 1617.62% 1,502,000 539,660 2,096,084 594,084 139.55% Expenditures Transfers out - #204 81,100 0 54,067 27,033 66.67% Transfers out - #303 361,780 0 14,884 346,896 4.11% Transfers out - #311 (pavement preservation) 914,900 0 0 914,900 0.00% Total expenditures 1,357,780 0 68,951 1,288,829 5.08% Revenues over (under) expenditures 144,220 539,660 2,027,133 (694,745) Beginning fund balance 3,958,748 3,958,748 Ending fund balance 4,102,968 5,985,881 #302 - SPECIAL CAPITAL PROJECTS FUND Revenues REET 2 - Taxes 1,500,000 529,676 2,063,732 563,732 137.58% Investment Interest 5,000 12,030 39,908 34,908 798.15% Total revenues 1,505,000 541,706 2,103,640 598,640 139.78% Expenditures Transfers out - #204 81,100 0 54,067 27,033 66.67% Transfers out - #303 1,113,649 0 68,005 1,045,644 6.11% Transfers out - #311 (pavement preservation) 914,900 0 0 914,900 0.00% Total expenditures 2,109,649 0 122,071 1,987,578 5.79% Revenues over (under) expenditures (604,649) 541,706 1,981,568 (1,388,938) Beginning fund balance 5,230,856 5,230,856 Ending fund balance 4,626,207 7,212,424 Page 12 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 09 30 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Nine -Month Period Ended September 30, 2022 CAPITAL PROJECTS FUNDS -continued Budget Year Elapsed = 2022 75.00% 2022 Budget Actual Actual through Budget September September 30 Remaining % of Budget #303 STREET CAPITAL PROJECTS FUND Revenues Developer Contribution 1,164,399 0 0 (1,164,399) 0.00% Traffic Mitigation Fees 0 29,079 327,508 327,508 0.00% Investment Interest 0 0 5,391 5,391 0.00% Coronavirus Local Fiscal Recovery Funds 750,000 595,420 602,173 (147,827) 80.29% Grant Proceeds 6,956,322 0 1,323,278 (5,633,044) 19.02% Transfers in - #301 361,780 0 14,884 (346,896) 4.11 % Transfers in - #302 1,113,649 0 68,005 (1,045,644) 6.11% Transfers in - #312 225,000 0 1,061 (223,939) 0.47% Transfers in - #315 150,000 0 0 (150,000) 0.00% Total revenues 10,721,150 624,499 2,342,300 (8,378,850) 21.85% Expenditures 205 Sprague/Barker Intersection Improvement 1,871,500 1,292,089 2,113,876 (242,376) 112.95% 249 Sullivan & Wellesley Intersection 1,903,176 8,621 51,890 1,851,286 2.73% 275 Barker Rd Widening - River to Euclid 0 0 8,915 (8,915) 0.00% 293 2018 CSS Citywide Reflective Signal BP 8,250 0 382 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 1,172 8,025 121,992 6.17% 300 Pines & Mission Intersection Improvements 1,746,643 7,214 110,131 1,636,512 6.31% 310 Sullivan Rd Overcrossing UP RR Deck Rep. 0 0 820 (820) 0.00% 313 Barker Road/Union Pacific Crossing 1,444,000 4,930 316,257 1,127,743 21.90% 318 Wilbur Sidewalk: Boone to Mission 572,909 101,399 171,568 401,341 29.95% 320 Sullivan Preservation: Sprague-8th 412,000 16,205 58,586 353,414 14.22% 326 2020 Citywide Retroreflective Post Panel 142,880 617 5,835 137,045 4.08% 329 Barker Road Imp - City Limits to Appleway 250,000 1,667 27,714 222,286 11.09% 330 WTSC 2021 School Zone Beacons 225,000 0 0 225,000 0.00% 332 NE Industrial Area - Sewer Extension 0 8,132 33,114 (33,114) 0.00% 333 Evergreen Rd Pres Broadway to Mission 0 0 159,293 (159,293) 0.00% 334 Sprague Avenue Preservation 0 0 309,494 (309,494) 0.00% 335 Mission Ave over Evergreen Rd Deck Repair 261,200 874 16,397 244,803 6.28% 340 8th Ave Sidewalk (Coleman to Park) 0 9,957 33,936 (33,936) 0.00% 342 2022 School Zone Flashing Beacons 0 0 67,806 (67,806) 0.00% 343 Buckeye Avenue Sewer Extension 750,000 303 602,173 147,827 80.29% 344 Park Rd Sidewalk - Broadway to Cataldo 0 4,888 4,888 (4,888) 0.00% 345 Park Rd Sidewalk - Nora to Baldwin 0 918 931 (931) 0.00% 346 Bowdish Sidewalk - 12th to 22nd 0 630 1,311 (1,311) 0.00% Contingency 1,000,000 0 0 1,000,000 0.00% Total expenditures 10,721,150 1,459,616 4,106,333 6,614,817 Revenues over (under) expenditures 0 (835,117) (1,764,033) (14,993,667) Beginning fund balance 67,620 67,620 Ending fund balance 67,620 (1,696,413) 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. 38.30% Page 13 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 09 30 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Nine -Month Period Ended September 30, 2022 CAPITAL PROJECTS FUNDS -continued #309 - PARKS CAPITAL PROJECTS FUND Revenues Grant Proceeds Transfers in - #001 Transfers in - #312 Total revenues Budget Year Elapsed = 2022 75.00% 2022 Budget Actual Actual through Budget September September 30 Remaining % of Budget 126,100 0 0 (126,100) 0.00% 160,000 0 106,667 (53,333) 66.67% 4,522,420 0 0 (4,522,420) 0.00% 4,808,520 0 106,667 (4,701,853) 2.22% Expenditures 304 CenterPlace West Lawn Phase 2 0 0 276 (276) 0.00% 314 Balfour Park Frontage Improvements 0 0 93,326 (93,326) 0.00% 315 Brown's Park 2020 Improvements 0 0 953 (953) 0.00% 316 Balfour Park Improvements - Phase 1 3,507,520 606 93,082 3,414,438 2.65% 328 Sullivan Park Waterline 441,000 0 44,803 396,197 10.16% 338 Loop Trail Project 700,000 16,158 96,624 603,376 13.80% Replace Pond Liner at Mirabeau 80,000 0 0 80,000 0.00% Total expenditures 4,728,520 16,764 329,063 4,399,457 6.96% Revenues over (under) expenditures 80,000 (16,764) (222,396) (9,101,311) Beginning fund balance 18,255 18,255 Ending fund balance 98,255 (204,142) #310 - CIVIC FACILITIES CAPITAL PROJECTS FUND Revenues Investment Interest 1,300 1,410 5,040 3,740 387.70% Total revenues 1,300 1,410 5,040 3,740 387.70% Expenditures Payment to Library District 560,000 0 0 560,000 0.00% Total expenditures 560,000 0 0 560,000 0.00% Revenues over (under) expenditures (558,700) 1,410 5,040 (556,260) Beginning fund balance 840,056 840,056 Ending fund balance 281,356 845,097 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 14 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 09 30 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Nine -Month Period Ended September 30, 2022 CAPITAL PROJECTS FUNDS -continued Budget Year Elapsed = 2022 75.00% 2022 Budget Actual Actual through Budget September September 30 Remaining % of Budget #311 - PAVEMENT PRESERVATION FUND Revenues Transfers in - #001 1,001,800 0 667,867 (333,933) 66.67% 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 1,522,265 493,265 147.94% Investment Interest 0 5,829 24,262 24,262 0.00% Total revenues 5,460,600 5,829 2,214,394 (3,246,206) 40.55% 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 1,750 1,931 (1,931) 0.00% 314 Balfour Park Frontage Improvements 0 41 1,102 (1,102) 0.00% 320 Sullivan Preservation: Sprague-8th 0 1,197 24,728 (24,728) 0.00% 323 Evergreen Road Preservation Project 0 0 12,226 (12,226) 0.00% 325 2021 Local Access Streets: South Park Rd 0 0 3,646 (3,646) 0.00% 333 Evergreen Rd Pres Broadway to Mission 0 0 905,032 (905,032) 0.00% 334 Sprague Avenue Preservation 0 616,106 2,398,504 (2,398,504) 0.00% 339 2022 Local Access Streets: Summerfield E 0 230 18,066 (18,066) 0.00% 341 Broadway Preservation - Fancher to Park 0 455 4,411 (4,411) 0.00% Total expenditures 7,252,000 619,778 3,369,680 3,882,320 46.47% Revenues over (under) expenditures (1,791,400) (613,949) (1,155,286) (7,128,527) Beginning fund balance 5,544,088 5,544,088 Ending fund balance 3,752,688 4,388,802 #312 - CAPITAL RESERVE FUND Revenues Transfers in - #001 3,593,000 0 0 (3,593,000) 0.00% Investment Interest 10,000 24,361 87,209 77,209 872.09% Total revenues 3,603,000 24,361 87,209 (3,515,791) 2.42% Expenditures Transfers out - #001 2,100,000 0 0 2,100,000 0.00% Transfers out - #303 225,000 0 1,061 223,939 0.47% Transfers out - #309 4,522,420 0 0 4,522,420 0.00% Transfers out - #314 826,290 0 2,654 823,636 0.32% Transfers out - #316 750,000 0 0 750,000 0.00% Land Acquisition - Park 759,600 0 0 759,600 0.00% Total expenditures 9,183,310 0 3,715 9,179,595 0.04% Revenues over (under) expenditures (5,580,310) 24,361 83,494 (12,695,386) Beginning fund balance 14,522,386 14,522,386 Ending fund balance 8,942,076 14,605,879 Page 15 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 09 30 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Nine -Month Period Ended September 30, 2022 CAPITAL PROJECTS FUNDS -continued Budget Year Elapsed = 2022 75.00% 2022 Budget Actual Actual through Budget September September 30 Remaining % of Budget #314 - RAILROAD GRADE SEPARATION PROJECTS FUND Revenues Grant Proceeds Investment Interest Developer Contribution Miscellaneous Revenues Transfers in - #312 Total revenues 1,560,290 1,489 200,273 (1,360,017) 12.84% 0 0 518 518 0.00% 308,592 0 0 (308,592) 0.00% 0 1,500 13,500 13,500 0.00% 826,290 0 2,654 (823,636) 0.32% 2,695,172 2,989 216,945 (2,478,227) 8.05% Expenditures 143 Barker Rd/BNSF Grade Separation 1,307,293 79,254 404,827 902,466 223 Pines Rd Underpass 1,366,585 3,662 392,468 974,117 311 Sullivan Rd./SR 290 Interchange Project 101,385 9,598 66,214 35,171 30.97% 28.72% 65.31% Total expenditures 2,775,263 92,514 863,509 Revenues over (under) expenditures (80,091) (89,525) (646,563) Beginning fund balance 589,792 589,792 Ending fund balance 509,701 (56,771) #315 - TRANSPORTATION IMPACT FEES Revenues Transportation Impact Fees Investment Interest 200,000 0 11,087 281,919 1,911,754 (4,389,981) 31.11% 81,919 140.96% 967 3,055 3,055 0.00% Total revenues 200,000 12,054 284,973 84,973 142.49% 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 12,054 284,973 (65,027) Beginning fund balance 294,607 294,607 Ending fund balance 344,607 579,581 #316 - ECONOMIC DEVELOPMENT CAPITAL PROJECT FUND Revenues Transfers in - #312 750,000 Investment Interest 0 0 0 (750,000) 0.00% 0 0 0 0.00% Total revenues 750,000 0 0 (750,000) 0.00% Expenditures Fair & Expo Center Expansion 750,000 0 7,010 742,990 0.93% Total expenditures 750,000 0 7,010 742,990 0.93% Revenues over (under) expenditures 0 0 (7,010) (1,492,990) Beginning fund balance 0 0 Ending fund balance 0 (7,010) Page 16 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 09 30 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Nine -Month Period Ended September 30, 2022 ENTERPRISE FUNDS #402 - STORMWATER FUND RECURRING ACTIVITY Revenues Stormwater Management Fees Investment Interest Budget Year Elapsed = 2022 75.00% 2022 Budget Actual Actual through Budget September September 30 Remaining % of Budget 1,910,000 21,843 1,223,807 (686,193) 64.07% 2,000 4,024 15,570 13,570 778.48% Total Recurring Revenues 1,912,000 25,867 1,239,376 (672,624) 64.82% Expenditures Wages / Benefits / Payroll Taxes 560,631 30,489 274,414 286,217 48.95% Supplies 18,150 3,198 19,888 (1,738) 109.58% Services & Charges 1,248,395 37,817 766,554 481,841 61.40% Intergovernmental Payments 45,000 0 43,149 1,851 95.89% Vehicle Rentals - #501 6,750 0 4,500 2,250 66.67% Total Recurring Expenditures 1,878,926 71,504 1,108,504 770,422 59.00% Recurring Revenues Over (Under) Recurring Expenditures 33,074 (45,637) 130,872 97,798 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% 309 Local Access Streets: Barker Homes 0 228 228 (228) 0.00% 314 Balfour Park Frontage Improvements 0 454 6,467 (6,467) 0.00% 334 Sprague Avenue Preservation 0 3,000 101,098 (101,098) 0.00% Watershed Studies 100,000 0 45,573 54,427 45.57% Generator for Maint. Shop (1/2 cost to #101) 50,000 0 13,144 36,856 26.29% Stormwater Comprehensive Plan 100,000 62,928 146,765 (46,765) 146.76% Total Nonrecurring Expenditures 565,000 66,610 313,360 251,640 55.46% Nonrecurring Revenues Over (Under) Nonrecurring Expenditures (565,000) (66,610) (313,360) 251,640 Excess (Deficit) of Total Revenues Over (Under) Total Expenditures (531,926) (112,247) (182,488) 349,438 Beginning working capital 2,401,719 2,401,719 Ending working capital 1,869,793 2,219,230 Note: Work performed in the Stormwater Fund for preservation projects is for stormwater improvements that were bid with the pavement preservation work. #403 - AQUIFER PROTECTION AREA Revenues Spokane County 460,000 0 293,055 (166,945) 63.71% Grant Proceeds 1,881,600 0 222,651 (1,658,949) 11.83% Investment Interest 1,900 2,148 5,966 4,066 314.01% Total revenues 2,343,500 2,148 521,672 (1,821,828) 22.26% Expenditures Capital - various projects 3,008,800 5,981 323,149 2,685,651 10.74% Effectiveness study 55,000 0 0 55,000 0.00% Total expenditures 3,063,800 5,981 323,149 2,740,651 10.55% Revenues over (under) expenditures (720,300) (3,834) 198,523 (4,562,479) Beginning working capital 442,940 442,940 Ending working capital (277,360) 641,463 Page 17 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 09 30 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Nine -Month Period Ended September 30, 2022 INTERNAL SERVICE FUNDS Budget Year Elapsed = 2022 75.00% 2022 Budget Actual Actual through Budget September September 30 Remaining % of Budget #501 - ER&R FUND Revenues Interfund vehicle lease - #001 31,300 0 20,867 (10,433) 66.67% Interfund vehicle lease - #101 10,250 0 6,833 (3,417) 66.67% Interfund vehicle lease - #101 (plow replace) 60,500 0 40,333 (20,167) 66.67% Interfund vehicle lease - #402 6,750 0 4,500 (2,250) 66.67% 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 2,266 8,285 7,085 690.46% Total revenues 230,000 2,266 80,819 (149,181) 35.14% Expenditures Wages / Benefits / Payroll Taxes 0 0 31,235 (31,235) 0.00% Small tools & minor equipment 10,000 629 5,767 4,233 57.67% Equipment repair & maintenance 0 (70) 530 (530) 0.00% Vehicle purchase 512,500 626 110,814 401,686 21.62% Total expenditures 522,500 1,186 148,346 374,154 28.39% Revenues over (under) expenditures (292,500) 1,080 (67,527) (523,335) Beginning working capital 1,425,472 1,425,472 Ending working capital 1,132,972 1,357,945 #502 - RISK MANAGEMENT FUND Revenues Investment Interest Transfers in - #001 Total revenues Expenditures Auto & Property Insurance Unemployment Claims Total expenditures 0 461 1,172 1,172 0.00% 450,000 0 300,000 (150,000) 66.67% 450,000 461 301,172 (148,828) 66.93% 450,000 0 417,837 32,163 92.85% 0 0 0 0 0.00% 450,000 0 417,837 32,163 92.85% Revenues over (under) expenditures 0 461 (116,665) (180,991) Beginning working capital 392,820 392,820 Ending working capital 392,820 276,154 Page 18 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 09 30 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Nine -Month Period Ended September 30, 2022 FIDUCIARY FUNDS #632 - PASSTHROUGH FEES & TAXES Revenues Passthrough Fees & Taxes Total revenues Expenditures Passthrough Fees & Taxes Total expenditures Revenues over (under) expenditures Beginning working capital Ending working capital Budget Year Elapsed = 2022 75.00% 2022 Budget Actual Actual through Budget September September 30 Remaining % of Budget 400,000 29,813 249,720 (150,280) 62.43% 400,000 29,813 249,720 (150,280) 62.43% 400,000 25,170 234,035 165,965 58.51% 400,000 25,170 234,035 165,965 58.51% 0 0 0 4,643 15,684 (316,245) 0 15,684 SUMMARY FOR ALL FUNDS Total of Revenues for all Funds Per Revenue Status Report Difference 101,350,066 101,350,066 12,233,005 12,233,005 63,199,059 63,199,059 Total of Expenditures for all Funds 115,695,929 6,299,886 50,564,212 Per Expenditure Status Report 115,695,929 6,299,886 50,564,212 Difference - Total Capital expenditures (included in total expenditures) 32,832,233 2,195,962 9,307,050 Page 19 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 09 30 CITY OF SPOKANE VALLEY, WA Investment Report For the Nine -Month Period Ended September 30, 2022 Beginning Deposits Withdrawls Interest Ending 001 General Fund 101 Street Fund 103 Trails & Paths 104 Tourism Facilities Hotel/Motel 105 Hotel/Motel 106 Solid Waste Fund 107 PEG Fund 108 Affordable & Supportive Housing 120 CenterPlace Operating Reserve 121 Service Level Stabilization Reserve 122 Winter Weather Reserve 301 Capital Projects 302 Special Capital Projects 303 Street Capital Projects Fund 309 Parks Capital Project 310 Civic Buildings Capital Projects 311 Pavement Preservation 312 Capital Reserve Fund 314 Railroad Grade Separation Projects 315 Transportation Impact Fees 316 Economic Development Capital Proj 402 Stormwater Management 403 Aquifer Protection Fund 501 Equipment Rental & Replacement 502 Risk Management 632 Passthrough Fees & Taxes "Local Government Investment Pool 11/3/2022 LGI P" NW Bank CD #2068 Gesa CD #7868 Total Investments $ 87, 221, 041.40 $ 3,103, 958.92 $ 2, 007, 582.45 $ 92, 332, 582.77 3,875,560.90 0.00 0.00 3,875,560.90 (2,300,000.00) 0.00 0.00 (2,300,000.00) 183,390.03 0.00 3,532.88 186,922.91 $ 88, 979, 992.33 $ 3,103, 958.92 $ 2,011,115.33 $ 94, 095, 066.58 matures: 7/23/2023 rate: 2.90% 12/15/2022 0.70% Balance Earnings Current Period Year to date Budget $ 49,472,669.70 $ 109,415.14 634, 330.97 1,307.37 28,645.62 59.04 4,117,781.14 8,486.85 527, 914.14 1,088.04 2,114,426.28 4,357.89 162, 091.18 334.07 383,941.53 791.31 0.00 0.00 5, 500, 000.00 0.00 354,061.89 729.73 4,844,097.73 9,983.81 5, 836, 682.61 12, 029.55 0.00 0.00 0.00 0.00 683, 897.68 1,409.53 2,828,050.52 5,828.68 11, 819, 865.05 24, 361.04 0.00 0.00 469,028.04 966.68 0.00 0.00 1,952,396.13 4,023.94 1,042,122.88 2,147.84 1,099,584.55 2,266.27 223,478.94 460.60 0.00 0.00 393,316.69 $ 200,000.00 3,148.47 500.00 203.10 100.00 29,409.55 2,500.00 3,594.50 1,000.00 12,632.54 7,000.00 1,115.63 0.00 2,621.37 0.00 0.00 0.00 0.00 0.00 2,629.04 800.00 32, 352.34 2,000.00 39,907.53 5,000.00 5,391.25 0.00 0.00 0.00 5,040.11 1,300.00 24,261.96 0.00 87, 208.99 10, 000.00 517.66 0.00 3,054.66 0.00 0.00 0.00 15,569.57 2,000.00 5,966.21 1,900.00 8,285.48 1,200.00 1,171.70 0.00 0.00 0.00 $ 94,095,066.58 $ 190,047.38 $ 677,398.35 $ 235,300.00 Page 20 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 09 30 CITY OF SPOKANE VALLEY, WA Sales Tax Receipts For the Nine -Month Period Ended September 30, 2022 Month Received 2021 2022 11/3/2022 Difference 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%) May 3,369,522.86 3,153,928.13 (215,594.73) (6.40%) June 3,095,705.00 3,039,845.65 (55,859.35) (1.80%) July 3,127,275.84 3,009,859.02 (117,416.82) (3.75%) August 3,153,001.10 3,235,239.66 82,238.56 2.61% September 2,951,757.95 3,139,069.66 187,311.71 6.35% 23, 648, 965.86 October 2,969,429.94 November 2,999,113.99 December 2, 837, 332.76 January 2,915,354.54 23, 771, 771.48 35, 370,197.09 23, 771, 771.48 122,805.62 0.52% Sales tax receipts reported here reflect remittances for general sales tax, criminal justice sales tax and public safety tax. The sales tax rate for retail sales transacted within the boundaries of the City of Spokane Valley is 8.9%. 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 21 P:\Finance\Finance Activity Reports\Tax Revenue\Sales Tax\2022\sales tax collections 2022 CITY OF SPOKANE VALLEY, WA Sales Tax Collections - August For the years 2013 through 2022 January February March April May June July August 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 1,671,269 1,133, 347 1,148, 486 1,358,834 1,320,449 1,389,802 1,424,243 1,465,563 1,677,887 1,170, 640 1,201,991 1,448,539 1,400,956 1,462,558 1,545,052 1,575,371 1,732,299 1,197, 323 1,235,252 1,462,096 1,373,710 1,693,461 1,718,428 1,684,700 1,863,225 1,316,682 1,378,300 1,640,913 1,566,178 1,641,642 1,776,653 1,746,371 1,992,273 1,369,740 1,389,644 1,737,933 1,564,119 1,751,936 1,935,028 1,877,899 2,078,412 1,536,252 1,564,282 1,926,551 1,762,119 1,871,077 2,053,961 1,980,940 2,240,908 1,648,657 1,549,275 1,955,470 1,946,112 2,067,987 2,232,342 2,121,051 2,253,852 1,776,898 1,687,355 1,627,596 1,651,937 2,291,842 2,368,495 2,393,597 2,615,326 2,185, 876 2,317, 671 3,029,090 2,768,743 2,795,920 2,804,930 2,623,934 11/9/2022 2021 to 2022 Difference ok 2,834,686 219,360 8.39% 2,161,498 (24,378) (1.12%) 2,256,314 (61,357) (2.65%) 2,790,667 (238,423) (7.87%) 2,695,717 (73,026) (2.64%) 2,658,988 (136,932) (4.90%) 2,848,618 43,688 1.56% 2,777,889 153,955 5.87% Collected to date 10,911,993 11,482,994 12,097,269 12,929,964 13,618,572 14,773,594 15,761,802 16,051,572 21,141,490 21,024,377 (117,113) (0.55%) 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 21,024,377 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 (6,695,623) 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 August 71.55% 67.59% 68.62% 69.97% 68.60% 70.75% 68.78% 73.69% 83.89% 75.85% % of actual total collected through August 65.78% 65.84% 66.43% 65.02% 64.58% 65.25% 65.12% 63.60% 67.12% n/a Chart Reflecting History of Collections through the Month of August 25,000,000 20,000,000 15,000,000 10,000,000 5,000,000 0 ■ August b ■ August ■ July ■ June ■ May April March ■ February ■ J an ua ry 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Page 22 P:\Finance\Finance Activity Reports\Tax Revenue\Lodging Tax\2022\105 hotel motel tax 2022 CITY OF SPOKANE VALLEY, WA Hotel/Motel Tax Receipts through - August Actual for the years 2013 through 2022 January February March April May June July August Total Collections 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 24,185 25,975 27,739 40,979 40,560 47,850 56,157 63,816 25,425 26,014 29,384 48,246 41,123 52,618 61,514 70,384 27,092 27,111 32,998 50,455 44,283 56,975 61,809 72,697 31,887 27,773 34,330 52,551 50,230 55,060 65,007 73,700 27,210 26,795 31,601 52,242 50,112 60,637 69,337 76,972 28,752 28,878 31,906 57,664 51,777 62,048 71,865 79,368 31,865 32,821 40,076 59,117 53,596 73,721 84,628 91,637 36,203 31,035 37,395 24,959 16,906 28,910 41,836 49,772 26,006 31,041 30,536 44,476 49,002 66,262 94,495 101,171 11/9/2022 2020 to 2021 Difference 48,759 22,753 87.49% 38,369 7,328 23.61% 44,483 13,947 45.67% 87,561 43,085 96.87% 74,613 25,611 52.27% 86,758 20,496 30.93% 97,413 2,918 3.09% 113,078 11,907 11.77% 327,262 354,707 373,420 390,538 394,906 412,258 467,461 267,016 442,989 591,034 148,045 33.42% 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 518,672 549,267 581,237 596,374 615,980 646,976 743,851 443,243 744,437 591,034 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) (8,966) 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 August 66.79% 66.93% 67.89% 67.33% 68.09% 71.08% 77.91% 77.17% 59.07% 98.51% % of actual total collected through August 63.10% 64.58% 64.25% 65.49% 64.11% 63.72% 62.84% 60.24% 59.51% n/a Chart Reflecting History of Collections through the Month of August 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 August • 2013 2014 2015 2016 2017 2018 2019 2020 1 2021 2022 • August ■ July ■ June • May ■ April • March • February • January Page 23 P:\Finance\Finance Activity Reports\Tax Revenue\REET\2022\301 and 302 REET for 2022 CITY OF SPOKANE VALLEY, WA 1st and 2nd 1/4% REET Collections through August Actual for the years 2013 through 2022 January February March April May June July August Collected to date 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 56,898 155,226 72,172 90,377 116,165 139,112 128,921 117,150 61,192 67,049 81,724 105,448 198,870 106,676 208,199 172,536 96,141 103,508 165,868 236,521 165,748 347,421 217,375 202,525 104,446 83,583 220,637 205,654 192,806 284,897 248,899 231,200 153,661 124,514 282,724 169,060 202,734 248,768 449,654 472,420 239,437 146,892 310,562 218,842 646,397 277,424 302,941 261,626 120,809 199,209 193,913 347,528 263,171 465,044 327,636 300,312 212,512 242,927 203,774 197,928 258,784 329,801 234,040 365,838 277,311 283,644 497,974 470,818 380,346 426,592 408,246 666,645 420,393 239,226 543,267 381,096 521,957 564,764 397,408 1,059,352 11/9/2022 2021 to 2022 Difference 143,082 51.60% (44,418) (15.66%) 45,293 9.10% (89,722) (19.06%) 141,611 37.23% 138,172 32.39% (10,838) (2.65%) 392,707 58.91% 876,021 1,001,693 1,535,107 1,572,124 2,103,535 2,404,121 2,217,622 2,045,604 3,411,576 4,127,463 715,887 20.98% 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 4,127,463 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 1,127,463 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 August 89.85% 91.06% 109.65% 78.61% 105.18% 80.14% 79.20% 102.28% 85.29% 137.58% % of actual total collected through August 66.28% 63.91% 72.02% 66.79% 69.94% 63.26% 66.52% 55.92% 54.86% n/a Chart Reflecting History of Collections through the Month of August 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 2013 2014 2015 2016 August 2017 2018 2019 2020 2021 2022 • August • July • June • May • April • March • February • January Page 24 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 Voted (UTGO) Nonvoted (LTGO) Voted park Voted utility 1.00% of assessed value 1.50% of assessed value 2.50% of assessed value 2.50% of assessed value Maximum Outstanding Remaining Debt as of Debt % Capacity 12/31/2021 Capacity Utilized 129,196, 949 193, 795, 424 322, 992, 374 322, 992, 374 968, 977,121 0 129,196, 949 10, 485, 000 183, 310, 424 0 322, 992, 374 0 322, 992, 374 10,485,000 958,492,121 0.00% 5.41% 0.00% 0.00% 1.08% Bonds Repaid Bonds Remaining 2014 LTGO Bonds Road & LTGO Bonds Period Street 2016 LTGO Grand Ending CenterPlace Improvements Total Bonds Total 12/1/2014 12/1/2015 12/1/2016 12/1/2017 12/1/2018 12/1/2019 12/1/2020 12/1/2021 12/1/2022 12/1/2023 12/1/2024 12/1/2025 12/1/2026 12/1/2027 12/1/2028 12/1/2029 12/1/2030 12/1/2031 12/1/2032 12/1/2033 12/1/2034 12/1/2035 12/1/2036 12/1/2037 12/1/2038 12/1/2039 12/1/2040 12/1/2041 12/1/2042 12/1/2043 12/1/2044 12/1/2045 225,000 175,000 185,000 190,000 230,000 255,000 290,000 320,000 135,000 125,000 130,000 130,000 135,000 140,000 140,000 145,000 360,00 300,00 315,000 320,000 365,000 395,000 430,000 465,000 0 0 75,000 150,000 155,000 160,000 165,000 170,000 360,000 300,000 390,000 470,000 520,000 555,000 595,000 635,000 1,870,000 1,080,000 2,950,000 875,000 3,825,000 350,000 150,000 500,000 175,000 390,000 155,000 545,000 180,000 430,000 0 430,000 185,000 465,000 0 465,000 195,000 505,000 0 505,000 00,000 395,000 0 395,000 : 05,000 300,000 0 300,000 215,000 245,000 0 245,000 2 ' 0,000 225,000 0 225,000 2 . 000 180,000 0 180,000 23' , 000 130,000 0 130,000 24 ' 000 165,000 0 165,000 250, 000 0 0 0 260, 100 0 0 0 270, 600 0 0 0 280, 010 0 0 0 290,060 0 0 0 305,001 0 0 0 315,00 0 0 0 330,000 0 0 0 340,000 0 0 0 355,000 0 0 0 365,000 0 0 0 375,000 0 0 0 390,000 675,000 725,000 615,000 660,000 705,000 600,000 515,000 465,000 450,000 415,000 370,000 415,000 260,000 270,000 280,000 290,000 305,000 315,000 330,000 340,000 355,000 365,000 375,000 390,000 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 25 P:\Finance\Finance Activity Reports\Tax Revenue\MVFT\2022\motor vehicle fuel tax collections 2022 CITY OF SPOKANE VALLEY, WA Motor Fuel (Gas) Tax Collections - August For the years 2013 through 2022 January February March April May June July August 2013 2014 2015 I 2016 2017 2018 2019 2020 2021 2022 146,145 145,998 135,695 156,529 151,595 167,479 155,348 173,983 152,906 148,118 131,247 156,269 156,850 161,965 157,805 172,308 152,598 145,455 140,999 157,994 156,259 164,872 168,205 186,277 163,918 163,037 145,537 167,304 171,829 157,737 177,427 177,567 150,654 164,807 138,205 168,000 174,211 174,838 177,019 195,780 162,359 175,936 139,826 168,796 193,986 144,308 194,267 205,438 148,530 181,823 131,009 144,080 185,669 175,985 169,733 195,107 152,686 170,461 146,280 90,589 130,168 128,359 138,932 136,633 143,576 150,882 117,784 141,080 175,706 156,670 163,103 185,516 162,156 156,245 135,183 160,396 181,782 162,670 190,587 192,966 11/9/2022 2021 to 2022 Difference ok 18,580 12.94% 5,363 3.55% 17,399 14.77% 19,316 13.69% 6,076 3.46% 6,000 3.83% 27,484 16.85% 7,450 4.02% Collected to date 1,232,772 1,237,468 1,272,659 1,324,356 1,343,514 1,384,916 1,331,936 1,094,108 1,234,317 1,341,985 107,668 8.72% 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 1,341,985 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 (562,015) 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 August 65.96% 66.30% 68.14% 65.78% 65.57% 67.19% 65.31% 63.80% 68.24% 70.48% % of actual total collected through August 65.99% 65.88% 65.47% 65.75% 65.83% 66.84% 65.72% 62.69% 64.63% n/a Chart Reflecting History of Collections through the Month of August 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 1 1 August ■ August ■ July ■ June ■ May ■ April ■ March ■ February ■ January 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Page 26 P:\Finance\Finance Activity Reports\Tax Revenue\Telephone Tax\2022\telephone utility tax collections 2022 CITY OF SPOKANE VALLEY, WA Telephone Utility Tax Collections - August For the years 2013 through 2022 January February March April May June July August 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 217,478 216,552 223,884 214,618 129,270 293,668 213,078 211,929 210,777 205,953 208,206 206,038 210,010 210,289 205,651 205,645 177,948 212,845 174,738 214,431 187,856 187,412 190,984 185,172 182,167 173,971 177,209 171,770 174,512 170,450 174,405 171,909 162,734 163,300 162,536 157,285 161,506 156,023 157,502 150,644 130,196 164,060 158,416 146,519 149,434 150,780 147,281 148,158 136,615 132,538 138,727 126,455 135,704 129,602 130,723 127,303 123,292 121,596 121,938 120,016 118,018 117,905 120,922 112,351 (333) 155,911 100,566 83,109 94,864 85,949 86,834 85,251 81,439 80,730 81,038 81,613 85,285 63,094 107,597 82,146 11/9/2022 2020 to 2021 Difference $ % 81,772 (24556.16%) (75,181) (48.22%) (19,528) (19.42%) (1,496) (1.80%) (9,579) (10.10%) (22,855) (26.59%) 20,763 23.91% (3,105) (3.64%) Collected to date 1,720,477 1,662,569 1,531,386 1,396,393 1,271,530 1,194,844 1,057,667 956,038 692,151 662,942 (29,209) (4.22%) 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 1,033,915 662,942 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 (269,058) 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 August 59.33% 60.46% 59.70% 59.67% 63.58% 62.89% 66.10% 62.86% 69.22% 71.13% % of actual total collected through August 67.14% 67.55% 67.85% 67.48% 67.17% 67.95% 67.62% 72.50% 66.94% n/a Chart Reflecting History of Collections through the Month of August 2,000,000 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 (200,000) August i I 1 1 2013 2011 2015 2016 2017 2018 2019 2020 2021 2022 • August ■ July ■ June • May ■ April • March • February ■ January Page 27