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2022, 11-22 Formal Meeting AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL FORMAT Tuesday,November 22,2022 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: Spokane Valley Council meetings are held in-person at City Hall at the address provided above. Members of the public may also attend the meeting 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 INVOCATION: Pastor Mike Szott of Living Hope Community Church PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS COMMITTEE,BOARD,LIAISON SUMMARY REPORTS MAYOR'S REPORT PROCLAMATIONS: GENERAL PUBLIC COMMENT OPPORTUNITY [1]: This is an opportunity for the public to speak on any subject except agenda action items, as public comments will be taken on those items where indicated. Please keep comments to matters within the jurisdiction of the City Government. This is not an opportunity for questions or discussion. Diverse points of view are welcome but please keep remarks civil. Remarks will be limited to three minutes per person.To comment via zoom:use the link above for oral or written comments as per those directions. To comment at the meeting in person: speakers may sign in to speak but it is not required. A sign-in sheet will be provided in Council Chambers. Whether in person or via zoom, speakers should indicate if they want to speak at General Public Comment Opportunity [1] or [2] and may only speak at one or the other,but not both. NEW BUSINESS: 1. Consent Agenda: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion:I move to approve the Consent Agenda. a.Approval of Claim Vouchers on Nov. 22,2022,Request for Council Action Form: $3,870,354.79 b.Approval of Payroll for Pay Period ending November 15,2022: $475,357.54 c.Approval of Council Meeting Minutes of November 1,2022, Study Session Council Agenda:November 22,2022 Page 1 of 2 d.Approval of Council Meeting Minutes of November 8,2022 Formal Meeting Format e.Approval of Council Meeting Minutes of November 15,2022 Special Meeting 2.First Reading Ordinance 22-024 Amending Petty Cash Process—Chelsie Taylor [public comment opportunity] 3. Resolution 22-021 Adopting Amended Governance Manual—John Hohman [public comment opportunity] 4.Motion Consideration: Comprehensive Plan Docket Approval—Chaz Bates [public comment opportunity] 5.Motion Consideration: Law Enforcement Contract Renewal—Morgan Koudelka,Erik Lamb [public comment opportunity] GENERAL PUBLIC COMMENT OPPORTUNITY [21: This is an opportunity for the public to speak on any subject except agenda action items, as public comments will be taken on those items where indicated. Please keep comments to matters within the jurisdiction of the City Government. This is not an opportunity for questions or discussion. Diverse points of view are welcome but please keep remarks civil. Remarks will be limited to three minutes per person.To comment via zoom:use the link above for oral or written comments as per those directions. To comment at the meeting in person: speakers may sign in to speak but it is not required. A sign-in sheet will be provided in Council Chambers. Whether in person or via zoom, speakers should indicate if they want to speak at General Public Comment Opportunity [1] or [2] and may only speak at one or the other,but not both. ADMINISTRATIVE REPORT: 6.Fire Department Monthly Report—Chief Soto 7. Coeur d'Alene Indian Tribe Proposed Franchise—Tony Beattie, Cary Driskell 8.Advance Agenda—Mayor Haley INFORMATION ONLY (will not be reported or discussed): 9. Depailinent Monthly Reports CITY MANAGER COMMENTS EXECUTIVE SESSION: [RCW 42.30.110(1)(g)] Review Performance of a public employee Proposed Motion: I move that Council adjourn into executive session for approximately 60 minutes to review the performance of a public employee, and that no action will be taken upon return to open session. ADJOURNMENT Council Agenda:November 22,2022 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date:November 22, 2022 Department Director Approval: A. Check all that apply: E consent ❑ old business ❑ new business ❑ public hearing AGENDA ITEM TITLE: Approval of the Following Vouchers: VOUCHER LIST VOUCHER NUMBERS TOTAL AMOUNT 11-02-2022 58229-58245 23,324.32 11-02-2022 Park refunds 9780-9784 275.00 11-03-2022 58246-58269, wires 18285440, 18285471, 18348785, 18351023, 18351079 3,267,023.26 11-07-2022 58270-58290 132,309.34 11-08-2022 58291-58318 190,326.90 11-10-2022 58319-58332 180,542.99 11-10-2022 58333-58361 74,220.98 11-15-2022 Park refunds 9785-9807 2,332.00 GRAND TOTAL: $3,870,354.79 Explanation of Fund Numbers found on Voucher Lists #001-General Fund 001.090.000.560. General Gov't-Social Services 001.011.000. City Council 001.090.000.594, General Gov't-Capital Outlay 001.013.000. City Manager 001.090.000.595. General Gov't-Roads/Streets Capital 001.013.015. Legal 001.016.000. Public Safety Other Funds: 001.016.016. Precinct Shared Expenses 101 —Street Fund 001.018.013. Deputy City Manager 103—Paths&Trails 001.018.014. Finance 104—Tourism Facilities 001.018.016 Human Resources 105—Hotel/Motel Tax 001.018.017. Information Technology 106—Solid Waste 001.033.000. Facilities Administration 107—PEG Fund 001.033.033. Facilities—City Hall 108—Affordable&Supplemental Housing Sales Tax 001.033.034. Facilities—Other 120—CenterPlace Operating Reserve 001.040.000. Community/Public Works-Administration 121 —Service Level Stabilization Reserve 001.040.041. Engineering 122—Winter Weather Reserve 001.040.042.558. Economic Development 204—Debt Service 001.040.042.565. Housing/Homeless Services 301 —REET 1 Capital Projects 001..040.043. Building 302—REET 2 Capital Projects 001.040.044. Planning 303—Street Capital Projects 001.076.000. Parks&Rec—Administration 309—Parks Capital Grants 001.076.300. Parks&Rec-Maintenance 31.0—Civic Bldg. Capital Projects 001.076.301. Parks&Rec-Recreation 311 —Pavement Preservation 001.076.302. Parks&Rec-Aquatics 312—Capital Reserve 001.076.304. Parks&Rec- Senior Center 314—Railroad Grade Separation Projects 001.076.305. Parks&Rec-CenterPlace 315—Transportation Impact Fees 001.090.000.511. General Gov't-Council related 316—Economic Development Capital Projects 001.090.000.514. General Gov't-Finance related 402—Stormwater Management 001.090.000.517. General Gov't-Employee supply 403 Aquifer Protection Area 001.090.000.518. General Gov't-Centralized Serv. 501 Equipment Rental&Replacement 001.090.000.519. General Gov't-Other Services 502—Risk Management 001.090.000.550. General Gov't-Natural&Eco. 632 Passthrough Fees&Taxes RECOMMENDED ACTION OR MOTION: Move to approve attached list of claim vouchers. [Approved as part of the Consent Agenda, or may be removed and discussed separately.] STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: Voucher Lists vchlist Voucher List Page: 1 11/0212022 3:04:07PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 58229 11/2/2022 007136 AMAZON CAPITAL SERVICES INC 1 H7P-K919-4KN7 001.033.033.518 PORTABLE AIR CONDITIONER:CITY H. 76.22 1QNR-L374-47WL 001.040.044.558 LAPTOP/PC MICROPHONE:PLANNING 47.80 Total: 124.02 58230 11/2/2022 008704 AMPL1FIADVERTISING SEPTEMBER2022 001.040.042.556 ADVERTISING(VARIOUS PROJECTS) 4,790.00 Total: 4,790.00 58231 11/2/2022 000135 APA 101794-22102 001.143.70.00 2023 APA MEMBERSHIP:L BARLOW 446.00 202975-22102 001.143.70.00 2023 APA MEMBERSHIPS:PLANNING C 597.00 Total: 1,043.00 58232 11/2/2022 002615 BULLOCK,SUSAN EXPENSES 001.013.015.515 EXPENSE REIMBURSEMENT:WAPRO. 595.54 Total: 595.54 58233 11/2/2022 007114 CARDINAL INFRASTRUCTURE LLC 2361 001.011.000.511 PROFESSIONAL SERVICES 4,875.00 Total: 4,875.00 58234 11/2/2022 002226 CENTRAL PREMIX 3506747 001.040.043.524 ECOLOGY BLOCKS:CODE ENFORCE[t 245.03 Total: 245.03 58235 11/2/2022 000365 DEPT OF LICENSING 2022 F150-98604 001.040.041.543 VEHICLE REG:#4-013-2022 F150 VIN 61.75 Total: 61.75 58236 11/2/2022 000746 EMPLOYMENT SECURITY DEPT Q3-2022 502.502.000.517 Q3-2022 UI TAX 2.98 Total: 2.98 58237 11/2/2022 003274 EXCHANGE PUBLISHING LLC 659854 001.040.044.558 LEGAL PUBLICATION 82.16 659855 001.040.044.558 LEGAL PUBLICATION 63.99 Total: 146.15 58238 11/2/2022 007009 GALLS LLC 022364614 001.016.000.521 UNIFORM PATCHES FOR SVPD 723.10 022364615 001.016.000.521 UNIFORM PATCHES FOR SVPD 357.19 Total: 1,080.29 58239 11/2/2022 003185 LAMB,ERIK EXPENSES 001.018.013.513 EXPENSE REIMBURSEMENT HOUSTC 616.56 Total: 616.56 Page: 1 vchlist Voucher List Page: 2 1110212022 3:04:07PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice FundlDept Description/Account Amount 58240 11/2/2022 009070 O'BANNON CONSTRUCTION BLD-2022-3434 001.040.043.345 PERMIT REFUND:BLD-2022-3434 229.00 Total: 229.00 58241 11/2/2022 007142 SCJ ALLIANCE 69746 001.040.044.558 PROFESSIONAL SERVICES 2,395.00 Total: 2,395,00 58242 11/2/2022 000419 SUMMIT LAW GROUP PLLC 140844 001.018.016.518 PROFESSIONAL SERVICES 1,610.00 Total: 1,610.00 58243 11/2/2022 008463 TRUTH MINISTRIES OF SPOKANE 62026 001.040.042.565 RESERVED BEDS:APR 1-SEPT 30 202" 3,680.00 Tole]: 3,680.00 58244 11/2/2022 007120 TSHIMAKAIN CREEK LABORATORY F000525- 001.076.300.576 ENVIRONMENTAL TESTING AT PARKS 30.00 Total: 30.00 58245 11/2/2022 008502 VOLUNTEERS OFAMERICA OF E,WASH&NC VOA 1014 001.040.042.565 VOA SHELTER BED REIMBURSEMENT 1,800.00 Total: 1,800.00 17 Vouchers for bank code: apbank Bank total: 23,324.32 17 Vouchers in this report Total vouchers: 23,324.32 Page: 2 vchlist Voucher List Page: 1 11/02/2022 10:01:53AM Spokane Valley Bank code: pk-ref Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 9780 11/2/2022 009066 CAYTON,KAYLA PARK REFUND 001.237.10.99 PAYMENT CORRECTION FOR DANCES 30.00 Total: 30.00 9781 11/2/2022 009065 DOUBLE,TOREE PARK REFUND 001.237.10.99 BREAKFAST WITH SANTA REFUND 20.00 Total: 20.00 9782 11/2/2022 008670 NEIDIGH,WENDY PARK REFUND 001.237.10.99 REISSUE DEPOSIT REFUND:MIRABEA 75.00 Total: 75.00 9783 11/2/2022 008643 POINTEK,CRYSTAL PARK REFUND 001.237.10.99 REISSUE DEPOSIT REFUND:MIRABEA 75.00 Total; 75.00 9784 1112/2022 008683 SI-IALYGIN,SANTA PARK REFUND 001.237.10.99 REISSUE DEPOSIT REFUND:MIRABEA 75.00 Total: 75.00 5 Vouchers for bank code: pk-ref Bank total: 275.00 5 Vouchers in this report Total vouchers: 275.00 Page: 3 vchlist Voucher List Page: 1 11/03/2022 4:26:21PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 58246 11/3/2022 006984 Al TREE SERVICE LLC 4950 101.042.000.542 TREE REMOVAL&SERVICE 5,281.65 Total: 5,281.65 58247 11/3/2022 007136 AMAZON CAPITAL SERVICES INC 1DWJ-671X-4XH9 101.043.000.542 SMALL TOOLS/MINOR EQUIPMENT 19.57 Total: 19.57 58248 11/3/2022 001888 COMCAST 466810/17-11/16/22 001,076,305.575 INTERNET&PHONE:CENTERPLACE 396.21 Total: 396.21 58249 11/3/2022 400246 EAST SPOKANE WATER DIST#1 OCTOBER 2022 402,442,000.531 WATER CHARGES 5,827.35 Total: 5,827.35 58250 11/3/2022 002684 HINSHAW,CART EXPENSES 001.018.014.514 EXPENSE REIMBURSEMENT 65.09 Total: 65.09 58251 11/3/2022 000421 HOHMAN,JOHN NOVEMBER 2022 001.013.000.513 MONTHLY AUTO ALLOWANCE 700.00 Total: 700.00 58252 11/3/2022 002607 HUB SPORTS CENTER 2022#1 105,000,000.557 2022 LTAX GRANT REIMBURSEMENT# 16,429.26 2022#1 FINAL 001,090,000.560 2022 EDSS GRANT REIMB#1 FINAL 5,000.00 2022#2 105.000.000.557 2022 LTAX GRANT REIMBURSEMENT#I 9,679.68 2022#3 105.000.000.557 2022 LTAX GRANT REIMBURSEMENT 10,421,44 2022#4 105,000,000.557 2022 LTAX GRANT REIMBURSEMENT 5,304.28 Total: 46,834.66 58253 11/3/2022 000313 INLAND ASPHALT COMPANY INC. PAY APP 4 311.000.334.595 0334-SPRAGUE AVE PRES HAVANA TC 17,742.53 Total: 17,742.53 58254 11/3/2022 002466 KENWORTH SALES COMPANY 016P17529 101.000.000.542 VEHICLE REPAIR&MAINT.SUPPLIES: 79.39 016P17739 101.000.000,542 VEHICLE REPAIR&MAINT.SUPPLIES: 461.62 Total: 541.01 58255 11/3/2022 009067 MCINTOSH PROPERTY FOUR,LLC PARCEL 45231.2908 303.000.324.595 CIP 0320:ROWACQUISITION 4,742.97 Total: 4,742.97 56256 11/3/2022 008586 PACIFIC OFFICE AUTOMATION 679047 001.018.014.514 COPIER COSTS:FINANCE 211.96 Page: vchlist Voucher List Page: 2 11103/2022 4:26:21PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 58256 11/3/2022 008586 008586 PACIFIC OFFICE AUTOMATION (Continued) Total: 211.96 58257 11/3/2022 001089 POE ASPHALT PAVING INC. 47050 101.042.000.542 STREET&STORMWATER MAINTENAN 81,275.19 47099 402.402.000.531 STREET&STORMWATER MAINTENAN 73,072.99 47100 101.042.000.542 STREET&STORMWATER MAINTENAN 50,370.60 Total: 204,718.78 58258 11/3/2022 007730 ROYAL BUSINESS SYSTEMS IN180843 001.040.043.558 OCTOBER 2022 COPIER COSTS 175.37 Total: 175.37 58259 11/3/2022 000709 SENSKE LAWN&TREE CARE INC. 12907626 402.402.000.531 IRRIGATION PROJECT 713.00 Total: 713.00 58260 11/3/2022 000324 SPOKANE CO WATER DIST#3 OCTOBER 2022#2 402.402.000.531 WATER CHARGES FOR OCTOBER 202 2,311.90 Total: 2,311.90 58261 11/3/2022 000404 SPOKANE VALLEY HERITAGE MUSEUM 2022#10 105.000.000.557 2022 LTAX GRANT REIMBURSEMENT* 909.52 2022#11 105.000.000.557 2022 LTAX GRANT REIMBURSEMENT* 2,358.00 2022#3 001.090.000.56D 2022 EDSS GRANT REIMBURSEMENT: 863.00 Total: 4,130.52 58262 11/3/2022 007097 SPOKANE VALLEY SUMMER THEATRE 2022#1 FINAL 001.090.000.560 2022 EDSS GRANT REIMBURSEMENT 7,643.00 Total: 7,643.00 58263 11/3/2022 000257 STATE AUDITORS OFFICE L149902 001.090.000.514 SAOAUDIT OF 2021 14,512.50 Total: 14,512.50 58264 11/3/2022 009064 SV PERFORMING ARTS CENTER 2022#1 FINAL 001.090.000.560 2022 EDSS GRANT REIMBURSEMENT: 6,357.00 Total: 6,357.00 58265 11/3/2022 008558 THE HOME DEPOT PRO 712801869 101.042.000.543 JANITORIAL SUPPLIES:MAINTENANCE 237.51 Total: 237.51 58266 11/3/2022 000295 VALLEYFEST 2022#1 105.000.000.557 2022 LTAX GRANT REIMBURSEMENT* 5,091.61 2022#1 105.000.000.557 2022 LTAX GRANT REIMBURSEMENT C 3,033.80 Total: 8,125.41 58267 11/3/2022 000087 VERIZON WIRELESS 9918508051 001.076.302.576 OCTOBER 2022 CELL PHONE/DEVICE 2,852.31 Page: vchlist Voucher List Page: 3 11/0312022 4:26:21PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 58267 11/3/2022 000087 000087 VER1ZON WIRELESS (Continued) Total: 2,652.31 58268 11/3/2022 003210 WEST CONSULTANTS INC_ 017547 402.000.000.531 PROFESSIONAL SERVICES 8,790.18 Total: 8,790.18 58269 11/3/2022 002501 WHITE BLOCK COMPANY 0304042-IN 402.402.000.531 15TH AVE RESIDENTIAL PROJECT 2,606.38 0305227-IN 402.402.000.531 CREDIT MEMO:15TH AVE RESIDENTIF+ -287.74 Total: 2,318.64 18285440 10/27/2022 000001 SPOKANE CO TREASURER 9290202227 001.016.000.521 LE CONTRACT OCTOBER 2022 1,863,483.00 Total: 1,863,483.00 18285471 11/312022 000001 SPOKANE CO TREASURER OCTOBER 2022 001.016.000.512 SPOKANE COUNTY SERVICES 187,942.14 Total: 187,942.14 18348785 10/25/2022 000409 DEPT OF REVENUE 71-0914170 001.239.90.01 UNCLAIMED PROPERTY PAYMENT FO 649.00 Total: 649.00 18351023 11/23/2022 005314 US BANK 2098350 204,000,000.592 LTGO BONDS 2016 288,200.00 Total: 288,200.00 18351079 11/23/2022 005314 US BANK 2096304 204.204.000.591 LTGO REFUNDING BONDS 2014 581,700.00 Total: 581,700.00 29 Vouchers for bank code: apbank Bank total: 3,267,023.26 29 Vouchers in this report Total vouchers: 3,267,023.26 Page: 6 vchlist • Voucher List Page: 1 11/0712022 9:46:04AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept DescriptionlAccount Amount 58270 111712022 000921 A TO Z RENTAL&SALES INC 513131-1 101,043,000.542 EQUIPMENT RENTAL 133.67 514028-1 101.042.000.542 EQUIPMENT RENTAL 54.45 Total: 188.12 58271 11/7/2022 001344 BENTLEY SYSTEMS INC 48344511 001.040.041.543 BENTLEY SUPPORT RENEWAL 840.71 Total: 840.71 58272 11/7/2022 008061 BUD CLARY FORD/HYUNDAI 3NS876 S876 501.000.000.594 2022 FORD F150 4 WD VEHICLES,202: 38,479.83 Total: 38,479.83 58273 11/7/2022 000326 CONSOLIDATED IRRIGATION#19 OCTOBER 2022 402.402.000.531 UTILITIES:OCTOBER 2022 CPW 425.56 OCTOBER 2022 001.076.305.575 UTILITIES:OCTOBER 2022 PARKS&CF 1,178.25 Total: 1,603.81 58274 11/7/2022 003255 DAY WIRELESS SYSTEMS INV747536 1131.042.000.543 TOWER RENT 218.73 Total: 218.73 58275 11/7/2022 001993 FISCH,PETE EXPENSES 101.042.000.542 EXPENSE REIMBURSEMENT 1,091.84 Total: 1,091.84 58276 11/7/2022 002989 FRANK GURNEY INC 128268 101.043.000.542 SUPPLIES:BRIDGE 160.17 Total: 160.17 58277 11/7/2022 008730 INLAND NORTHWEST PRECAST LLC 2506 402.402.000.531 REPAIR&MAINT.SUPPLIES:STORMW 653.40 Total: 653.40 58278 11/7/2022 008726 INTERMAX NETWORKS 224384 001.090.000.518 VOICE SERVICES 673.92 Total: 673.92 58279 11/7/2022 001640 MAINTENANCE SOLUTIONS INC 102126107 101.000.000.542 VEHICLE REPAIR&MAINT.SUPPLIES: 353.86 Total: 353.86 58280 11/7/2022 000132 MODERN ELECTRIC WATER CO 20641883 001.033.034.518 UTILITIES:OCTOBER 2022 WHITE ELE 439.39 20642076 402.402.000.531 UTILITIES:OCTOBER 2022 CPW 12,303.66 20642077 001.076.302.576 UTILITIES:OCTOBER 2022 PARKS 2,507.94 Total: 15,250.99 Page: 1�1,. vchlist Voucher List Page: 2 11107/2022 9:46:04AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept DescriptionlAccount Amount 58281 11/7/2022 000662 NATL BARRICADE&SIGN CO 213273 101.042.000.542 OPERATING SUPPLIES 692.60 Total: 692.60 58282 11/7/2022 004621 OREILLYAUTOMOTIVE STORES INC 2862-214520 101.000.000.542 VEHICLE REPAIR&MAINT.SUPPLIES: 24.96 2862-214523 001.040.041.558 VEHICLE REPAIR&MAINT.SUPPLIES: 18.50 Total: 43.46 58283 11/7/2022 008265 OSBORN CONSULTING INC 7596 402.000.099.531 22-083 STORMWATER COMPREHENSI1 56,571.90 Total: 56,571.90 58284 11/7/2022 008840 PARK SPOKANE NC LLC NOVEMBER 2022 101.042.000.543 COMMON AREA CHARGES 230.98 Total: 230.98 58285 11/7/2022 007047 RITTER,GLENN EXPENSES 001.040.041.543 EXPENSE REIMBURSEMENT 17.50 Total: 17.50 58286 1117/2022 002520 RWC GROUP XA106041137:02 101.000.000.542 VEHICLE REPAIR&MAINT.SUPPLIES: 213.53 XA106042041:01 101.000.000.542 VEHICLE REPAIR&MAINT SUPPLIES: 1,965.63 XA106042041:02 101.000.000.542 VEHICLE REPAIR&MAINT.SUPPLIES: 63.07 XA106042270:01 101.000.000.542 VEHICLE REPAIR&MAINT.SUPPLIES: 679.60 XA106042280:01 101.000.000.542 VEHICLE REPAIR&MAINT SUPPLIES: 695.95 XA106042373:01 101.000.000.542 VEHICLE REPAIR&MAINT SUPPLIES: 94.06 XA106042424:01 101.000.000.542 VEHICLE REPAIR&MAINT.SUPPLIES: 565.76 XA106042634:01 101.000.000.542 VEHICLE REPAIR&MAINT SUPPLIES: 526.66 Total: 4,804.26 58287 11/7/2022 004099 SPOKANE VALLEY ACE HARDWARE 030533 101.042.000.542 SMALL TOOLS/MINOR EQUIPMENT/OP 911.44 030587 101.042.000.542 OPERATING SUPPLIES 28.98 030590 101,042,000.542 OPERATING SUPPLIES 111.31 030599 101.042.000.542 EQUIPMENT REPAIR&MAINTENANCE 65.00 030625 101,042,000.542 EQUIPMENT REPAIR&MAINTENANCE 32.67 030627 101.042.000.542 OPERATING SUPPLIES 85.19 Total: 1,234.59 58288 11/7/2022 000065 STAPLES ADVANTAGE 3521844282 001.090.000.518 KITCHEN SUPPLIES 226.12 3521844283 001.090.000.518 KITCHEN SUPPLIES 67.19 3521844284 001.090.000.518 KITCHEN SUPPLIES 150.13 Page: vchlist Voucher List Page: 3 11/0712022 9:48:04AM Spokane Valley Bank code; apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 58288 11/7/2022 000065 000065 STAPLES ADVANTAGE (Continued) Total: 443.44 58289 11/7/2022 008528 TELEMESSAGE INC 11591 001.040.043.558 MOBILEARCHIVER MESSAGING PLAN 328.00 Total: 328.00 68290 11/7/2022 000167 VERA WATER&POWER OCTOBER 2022 101.042.000.542 UTILITIES:OCTOBER 2022 8,427.23 Total: 8,427.23 21 Vouchers for bank code: apbank Bank total: 132,309.34 21 Vouchers in this report Total vouchers: 132,309.34 I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is iust,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify said claim. Finance Director Date or designee Council member reviewed: Mayor Date Council Member Date Page: q vchlist Voucher List Page: 1 11/08/2022 3:31:42PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 58291 11/8/2022 002816 ABLE CLEAN-UP TECHNOLOGIES INC 22260 001.040.042.565 HOMELESS ENCAMPMENT CLEANUP 7,142.75 Total: 7,142,75 58292 11/8/2022 000197 ACRANET 21678 001.018.016.518 EMPLOYEE BACKGROUND CHECKS 46.00 Total: 46.00 58293 11/8/2022 007136 AMAZON CAPITAL SERVICES INC 1LFQ-Y4P7-KHTH 001.076.305.575 REPAIR&MAINTENANCE SUPPLIES:C 18.49 Total: 18.49 58294 1118/2022 004046 AMERICAN ONSITE SERVICES 486416 001.076.300.576 PORTABLE RESTROOM:MIRABEAU SF 279.00 486417 001.076.300.576 PORTABLE RESTROOM:CENTERPLAC 248.00 Total: 527.00 58295 11/8/2022 000918 BLUE RIBBON LINEN SUPPLY INC 0400896 001.076.305.575 LINEN SERVICE AND SUPPLYAT CENT 79.43 0402774 001.076.305.575 LINEN SERVICE AND SUPPLY AT CENT 179.40 S0302723 001.076.305.575 LINEN SERVICE AND SUPPLYAT CENT 393.87 S0303723 001.076.305.575 LINEN SERVICE AND SUPPLYAT CENT 133.29 S0303874 001.076.305.575 LINEN SERVICE AND SUPPLY AT CENT 66.65 S0303921 001.076.305.575 LINEN SERVICE AND SUPPLY AT CENT 130.68 S0304565 001.976.305.575 LINEN SERVICE AND SUPPLYAT CENT 168.84 Total: 1,152.16 58296 11/8/2022 007114 CARDINAL INFRASTRUCTURE LLC 2404 001.011.000.511 PROFESSIONAL SERVICES 4,875.00 Total: 4,875.00 58297 11/8/2022 001770 CONSOLIDATED SUPPLY CO S011087344.001 001.076.305.575 REPAIR&MAINT.SUPPLIES:CENTERF 25.19 S011087344.002 001.076.305.575 REPAIR&MAINT.SUPPLIES:CENTERF 57.48 Total: 82.67 58298 11/8/2022 000823 DEPT OF LABOR&INDUSTRIES 355311 001.076.302.576 BOILERIPRESSURE VESSEL INSPEC.: 179.40 355312 001.076.302.576 BOILER/PRESSURE VESSEL INSPECTI 89.70 Total: 269.10 58299 11/8/2022 003274 EXCHANGE PUBLISHING LLC 659856 001.040.042.558 LEGAL PUBLICATION 30.81 Total: 30.81 58300 11/8/2022 001447 FREE PRESS PUBLISHING INC V53231 001.040.042.558 LEGAL PUBLICATION 80.00 Page: ' N vchlist Voucher List Page: 2 11/08/2022 3:31:42PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept DescriptionfAccount Amount 58300 11/8/2022 001447 001447 FREE PRESS PUBLISHING INC (Continued) Total: 80.00 58301 11/8/2022 000007 GRAINGER 9488015612 001.076.305,575 REPAIR&MAINT.SUPPLIES:CENTERF 134.57 9490704245 001.033.033.518 REPAIR&MAINT.SUPPLIES:CITY HAL 41.71 Total: 176.28 58302 11/8/2022 002810 INLAND NW PARTNERS ASSOC 2022 FALL MEETING 001.011.000.511 REMAINING REG.FEES:BATES,HIGGI 60.00 Total: 60.00 58303 11/8/2022 004926 LE CATERING CO E04012 001.076.305.575 E04012 CI-IARCUTERIE BOARD CLASS 793.88 Total: 793.88 58304 11/8/2022 004630 MAY,KENDALL EXPENSES 001.076.301.571 EXPENSE REIMBURSEMENT 115.13 Total: 115.13 58305 11/8/2022 008666 MINUTEMAN PRESS 6609 001.076.304.575 BUSINESS CARDS 44.20 Total: 44.20 58306 11/8/2022 004048 MOUNTAIN CONSULTING SVCS LLC 22-182 001.040.043,524 PRE-DEMOLITION ASBESTOS SURVE' 1,799.00 Total: 1,799.00 58307 11/8/2022 004850 NAV1A BENEFIT SOLUTIONS, H RA PLAN 10529465 001.018.016.518 FLEX SPENDING ADMINISTRATION 428.00 Total: 428.00 58308 11/8/2022 009072 ONE SIXTEEN&WEST 019215 001.040.042.558 PROFESSIONAL SERVICES 7,075.00 Total: 7,075.00 58309 11/8/2022 004130 PACIFICALAW GROUP LLP 79005 001.090.331.514 PROFESSIONAL SERVICES RE:CLFRF 788.00 Total: 788.00 58310 11/8/2022 001860 PLATT ELECTRIC SUPPLY 3J37499 001,076,305.575 REPAIR&MAINT.SUPPLIES:CENTERF 446,22 Total: 446.22 58311 11/8/2022 004173 POWDERTECH 43646 001.076.300.576 RE-PAINTING WEST ENTRY GATEWAY 635.57 44405-A 001.076.300.576 RE-PAINTING WEST ENTRY GATEWAY 197.19 Total: 832.76 58312 11/8/2022 007677 PROCTOR SALES INC 0338029-IN 001.076.305.575 REPAIR&MAINT.SUPPLIES:CENTERF 358.83 Page: I' vchlist Voucher List Page: 3 11/03/2022 3:31:42PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 58312 11/8/2022 007677 007677 PROCTOR SALES INC (Continued) Total: 358.83 58313 11/8/2022 000709 SENSKE LAWN&TREE CARE INC_ 12787971 001.076.300.576 859 MISC PARK REPAIRS 2,436.09 13018494 001.076.300.576 859 MISC PARK REPAIRS 10,667.83 13041912 001.076.300.576 859 MISC PARK REPAIRS 6,220.37 13059347 001.076.300.576 859 MISC PARK REPAIRS 3,117.26 13420911 001.076.300.576 895 CONTRACT MAINTENANCE 64,898.17 Total: 87,359.72 58314 11/8/2022 000405 SPOKANE VALLEY PARTNERS 9-2022 HHAA GRANT 001.040.042.565 HHAA GRANT 9-2022 15,943.51 Total: 15,943.51 58315 11/8/2022 008801 VELOCITI SERVICES 7243 001.076.305.575 MONTHLY CLEANING AT CENTERPLAC 8,085.09 Total: 8,085.09 58316 11/8/2022 000066 WCP SOLUTIONS 12984692 001.076.305.575 JANITORIAL SUPPUES:CENTERPLACI 151.59 Total: 151.59 58317 11/8/2022 000487 YMCA OF THE INLAND NW SEPTEMBER 2022 001.076.302.576 OPERATING EXPENSES/MGMT FEE SE 51,610.21 Total: 51,610.21 58318 11/8/2022 001163 ZIGGY'S 342494 • 001.076.300,576 REPAIR&MAIN?SUPPLIES:PARKS 10.88 342500 001.076.300.576 REPAIR&MAINT.SUPPLIES:PARKS 24.62 Total: 35.50 28 Vouchers for hank code: apbank Bank total: 190,326.90 28 Vouchers in this report Total vouchers: 190,326.90 Page: 12- vchlist Voucher List Page: 1 1111012022 8:54:28AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept DescriptionlAccount Amount 58319 11/10/2022 000958 AAA SWEEPING LLC 74338 303.000.342.595 C1P 0342:VACUUM TRUCK SERVICE 1,296.64 Total: 1,296.64 58320 11/10/2022 008360 BAND CONSTRUCTION PAYAPP 1 001.223.40.00 22-138:CITY HALL NEW 3RD FLOOR 0 51,549.99 Total: 51,549.99 58321 11/10/2022 009071 BRADY, DAVID ALLAN PARCEL45231.2907 303,000,320.595 CIP 0320:ROWACQUISITION 18,639.39 Total: 18,639.39 58322 11/10/2022 000322 CENTURYLINK 835B 10-14-2022 001.076.000.576 2022 PHONE SVCS:AGCT 509-Z14-002• 548.67 Total: 548.67 58323 11/10/2022 001888 COMCAST 446610/26-11125/22 001.090.000.518 INTERNET&PHONE:CITY HALL 372.95 Total: 372.95 58324 11/1012022 000508 CONOCOPHILLIPS FLEET 84816151 001.033.000.518 OCTOBER 2022 FLEET FUEL BILL 2,529.94 Total: 2,529.94 58325 11/10/2022 000070 INLAND POWER&LIGHT CO OCTOBER 2022 401.076.300.576 UTILITIES:OCTOBER 2022 552.72 Total: 552.72 58326 11/10/2022 008030 LADD CONSTRUCTION&DEMOLITION PAY APP 1 001.033.034.518 22-141:WHITE ELEPHANTANCILLARY 87,351.45 Total: 87,351.45 58327 11/10/2022 000252 LOWE'S BUSINESS ACCOUNT OCTOBER 2022 101.042.000.542 SUPPLIES:MAINTENANCE&PARKS 680.72 Total: 680.72 58328 11/10/2022 000458 SPOKANE CO PUBLIC WORKS NOVEMBER 2022 001,076,300.576 SEWER CHARGES 1.547.61 Total: 1,547.61 58329 11/10/2022 000001 SPOKANE CO TREASURER 14802138 001,090,000.566 3RD QTR 2022 LIQUOR/EXCISE TAX 7,434.77 Total: 7,434.77 58330 11/10/2022 000404 SPOKANE VALLEY HERITAGE MUSEUM 2022#12 105.000.000.557 2022 LTAX GRANT REIMBURSEMENT 1,053.64 Total: 1,053.64 58331 11/10/2022 000093 SPOKESMAN-REVIEW,THE 19383 001.090.331.514 ADVERTISINGACCT 102969 1,563.02 Page: 13 vchlist Voucher List Page: 2 11/1012022 8:54:28AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 58331 11/10/2022 000093 000093 SPOKESMAN-REVIEW THE (Continued) Total: 1,563.02 58332 11/10/2022 000295 VALLEYFEST 2022#2 105.000.000.557 2022 LTAX GRANT REIMBURSEMENT* 4,955.28 2022#2 FINAL 105.000.000.557 2022 LTAX GRANT REIMBURSEMENT( 466.20 Total: 5,421.48 14 Vouchers for bank code: apbank Bank total: 180,542.99 14 Vouchers in this report Total vouchers: 180,542.99 1,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify said claim. Finance Director Date or designee Council member reviewed: Mayor Date Council Member Date Page: $� /4 vchlist Voucher List Page: 1 1111012022 2:15:21PM Spokane Valley Bank code: apbank Voucher Date Vendor invoice Fund/Dept Description/Account Amount 58333 11/10/2022 007136 AMAZON CAPITAL SERVICES INC 1NRC-MC3J-K6KG 001.040.041.543 OPERATING SUPPLIES 344.41 Total: 344.41 58334 11/10/2022 008007 AMERICAN WATER RESOURCES ASSOC 61701-2023 DUES 001.143.70.00 AWRA2022 MEMBERSHIP RENEWAL 179.00 Total: 179.00 58335 11/10/2022 003337 ARROW CONSTRUCTION SUPPLY INC 355041 001.040.041.558 SMALLTOOLSIMINOR EQUIPMENT 44.09 355326 101.000.000.542 OPERATING SUPPLIES 600.61 Total: 644.70 58336 11/10/2022 000506 ASCE 1045518020 001.143.70.00 2023 MEMBERSHIP:E.AMSDEN 280,00 Total: 280.00 58337 11/10/2022 002326 BATTERIES PLUS BULBS P55651874 001.090.000.518 SMALL TOOLS/MINOR EQUIPMENT 24.50 Total: 24.50 58338 11/10/2022 000796 BUDINGER&ASSOCIATES INC M22323-5 311.000.334.595 0334-SPRAGUE AVE PRESERVATION 985.50 Total: 985.50 56339 11/10/2022 007637 COMMONSTREET CONSULTING LLC CSROW 22421 303.000.313.595 0275/0313-RIGHT OF-WAY SERVICES 213.47 CSROW 22427 403.000.320.595 0320 SULLIVAN PRESERVATION 2,613.75 Total: 2,827.22 58340 11/10/2022 000683 DAVID EVANS&ASSOCIATES 521178 314.000.143.595 0143-DESIGN SERVICES 4,864.15 521433 309.000.338.595 0338 LOOP TRAIL PROJECT 3,880.64 Total: 8,744.79 58341 11/10/2022 007740 EVERGREEN STATE TOWING LLC 68203 101.000.000.542 TOWING SERVICE:SNOW PLOW 327.00 Total: 327.00 58342 11/10/2022 001232 FASTENAL CO IDLEW175002 101,042,000.542 SAFETY EQUIPMENT 32.16 Total: 3216 58343 11/10/2022 007825 HERC RENTALS 33219283-001 101.042.000.542 EQUIPMENT RENTAL 1,149.43 33275503-001 101.042.000.542 EQUIPMENT RENTAL 121.57 Total: 1,271.0D Page: �` f5- vchlist Voucher List Page: 2 11/1012022 2:15:21PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 58344 11/10/2022 002456 KENWORTH SALES COMPANY 016P17045 101.000.000.542 VEHICLE REPAIR&MAINT.SUPPLIES: 89.95 Total: 89.95 58345 11/10/2022 007847 KNODEL,CHAD EXPENSES 001.018.017.518 EXPENSE REIMBURSEMENT 922.82 Total: 922.82 58346 11/10/2022 003238 KPFF CONSULTING ENGINEERS 444686 314.000.311.595 PROJECT 311 PHASE 1 ANALYSIS 6,740.12 Total: 6,740.12 58347 11/10/2022 007829 MOJOPRINTSOLUTIONS 11708 001.040.041.543 WSDOT SPEC BOOKS 1,132.56 Total: 1,132.56 58348 11/10/2022 006997 NICHOLS CONSULTING ENGINEERS 993032505 101.042.000.542 PROFESSIONAL SERVICES 2,432.50 Total: 2,432.50 58349 11/10/2022 007967 NORTHWEST TRAILER CENTER INC 138486 101.000.000.542 DOT INSPECTION#219 127.21 138487 101.000.000.542 DOT INSPECTION#218 120.67 138488 101.000.000.542 DOT INSPECTION#210 120.67 138489 101.000.000.542 DOT INSPECTION#207 120.67 138490 101.000.000.542 DOT INSPECTION#206 120.67 138491 101.000.000.542 DOT INSPECTION#205 120.67 138492 101.000.000.542 DOT INSPECTION#203 120.67 138493 101.000.000.542 DOT INSPECTION#208 120.67 138494 101.000.000.542 DOT INSPECTION#204 120.67 Total: 1,092.57 58350 11/10/2022 004621 OREILLYAUTOMOTIVE STORES INC 2862-217202 001.040.043.524 VEHICLE REPAIR&MAINT.SUPPLIES: 103.05 2862-218096 501.000.000.548 VEHICLE REPAIR&MAINT SUPPLIES 13.05 Total: 116.10 58351 11/10/2022 005968 PRECISE MRM LLC 200-1039523 101,042,000.542 DATA PLAN 299.75 Total: 299.75 58352 11/10/2022 002520 RWC GROUP XA106042373:02 101.000.000.542 VEHICLE REPAIR&MAINT SUPPLIES: 1,040.70 XA106042640:01 101.000.000.542 VEHICLE REPAIR&MAINT.SUPPLIES: 2,465.66 Total: 3,506.36 58353 11/10/2022 000709 SENSKE LAWN&TREE CARE INC. 13420928 101.042.000.542 895 CONTRACT MAINTENANCE 531.43 Page: r e vchlist Voucher List Page: 3 11110)2022 2:15:21PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept DescriptionlAccount Amount 58353 11110/2022 000709 SENSKE LAWN&TREE CARE INC. (Continued) 13420965 402.402.000.531 895 CONTRACT MAINTENANCE 7,154.22 Total: 7,685.65 58354 11/10/2022 004535 SHRED-IT USA LLC 8002658806 001.090.000.518 DOCUMENT DESTRUCTION 330.30 Total: 330.30 58355 11/10/2022 000994 SIMPSON ENGINEERS INC. 17335-01 303.000.340.595 8TH AVE SIDEWALK SURVEY 15,620.00 17406-01 303.000.345.595 0345-PARK ROAD SIDEWALK-NORAT( 9,500.00 Total: 25,120.00 58356 11/1012022 004099 SPOKANE VALLEY ACE HARDWARE 030636 402,402,000.531 REPAIR&MAINTENANCE 29.37 Total: 29,37 58357 11/10/2022 007107 STANTEC CONSULTING SVCS INC 1991977 001.040.041.558 PROFESSIONAL SERVICES 492.25 Total: 492.25 58358 11/10/2022 001875 STRATA INCORPORATED SP220263-IN 303.000.318.595 PROJECT 318 WILBUR SIDEWALK BOC 3,394.82 Total: 3,394.82 58359 11/10/2022 006846 US LINEN&UNIFORM INC 3013666 101.042.000.543 SUPPLIES:MAINTENANCE SHOP 18.49 3017460 101.042.000.543 SUPPLIES:MAINTENANCE SHOP 31.60 3021157 101.042.000.543 SUPPLIES:MAINTENANCE SHOP 18.49 3024953 101.042.000.543 SUPPLIES:MAINTENANCE SHOP 31.60 Total: 100.18 58360 11/10/2022 000140 WALTS MAILING SERVICE LTD 88560 314.000.311.595 CIP 0311:POSTAGE SERVICES 1,334.28 Total: 1,334.28 58361 11/1012022 000038 WASTE MANAGEMENT OF SPOKANE 0076800-1518-2 402.402.000.531 VACTORING WASTE OCTOBER 2022 3,741.12 Total: 3,741.12 29 Vouchers for bank code: apbank Bank total: 74,220.98 29 Vouchers in this report Total vouchers: 74,220.98 Page: ) S vchlist Voucher List Page: 1 11115/2022 7:41:57AM Spokane Valley Bank code: pk-ref Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 9785 11/15/2022 009073 AMERICAN HONDA MOTOR CO PARK REFUND 001.237.10.99 DEPOSIT REFUND:ROOM 212 52.00 Total: 52.00 9786 11/15/2022 008700 BARKER,CRYSTAL PARK REFUND 001.237.10.99 REISSUE DEPOSIT REFUND:GREENA 75.00 Total: 75.00 9787 11/15/2022 009074 BLANCHE,MICHELE PARK REFUND 001.237.10.99 WINTER BREAK CAMP REFUND 35.00 Total: 35.00 9788 11/15/2022 008767 BORDAK,TIM PARK REFUND 001.237.10.99 REISSUE DEPOSIT REFUND:EDGECLI 75.00 Total: 75.60 9789 11/15/2022 008917 CAPSTONE LOGISTICS PARK REFUND 001.237.10.99 REISSUE DEPOSIT REFUND:ROOM 11 52.00 Total: 52.00 9790 11/15/2022 009075 CHAS HEALTH PARK REFUND 001.237.10.99 DEPOSIT REFUND:ROOMS 205 AND 1 62.00 Total: 62.00 9791 11/15/2022 009076 CORNWELL-AVIL4,CARRIE PARK REFUND 001.237.10.99 WINTER BREAK CAMP REFUND 35.00 Total: 35.,00 9792 11/15/2022 008923 EDWARDS,TRINA PARK REFUND 001.237.10.99 REISSUE DEPOSIT REFUND:GREENA 75.00 Total: 75,00 9793 11/15/2022 008925 GILLUM,REBECCA PARK REFUND 001.237.10.99 REISSUE SWIM LESSON REFUND 40.00 Total: 40.00 9794 11/15/2022 006435 JETSEAL INC PARK REFUND 001.237.10.99 DEPOSIT REFUND:SM MEETING ROO 52.00 Total: 52.00 9795 11/15/2022 008389 JMI PARK REFUND 001.237.10.99 DEPOSIT REFUND:AUDITORIUM 52.00 Total: 52.00 9796 11/15/2022 009079 LIKKEL,MARISA PARK REFUND 001,237.10.99 DEPOSIT REFUND:GREAT ROOM 500.00 Total: 500.00 9797 11/15/2022 009077 MCKAY,DEBRA PARK REFUND 001,237.10.99 DEPOSIT REFUND:ROOM 110 52.00 Page: vchlist Voucher List Page: 2 11/15/2022 7:41:57AM Spokane Valley Bank code: pk-ref Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 9797 11/1512022 009077 009077 MCKAY, DEBRA (Continued) Total: 52.00 9798 11/15/2022 009080 MULTICARE-ROCKWOOD CLINIC PARK REFUND 001.237.10.99 DEPOSIT REFUND:GREAT ROOM 210.00 Total: 210.00 9799 11/15/2022 009081 NEW HOPE REGENERATION PARK REFUND 001.237.10.99 DEPOSIT REFUND:ROOM 110 52.00 Total: 52.00 9800 11/15/2022 009022 PM!INLAND NORTH WEST PARK REFUND 001.237.10.99 DEPOSIT REFUND:GREAT ROOM 210.00 Total: 210.00 9801 11/15/2022 008933 SAULS,RACHEL PARK REFUND 001.237.10,99 REISSUE DEPOSIT REFUND:BROWNS 75.00 Total: 75.00 9802 11/15/2022 009083 STRATA PARK REFUND 001.237.10.99 DEPOSIT REFUND:SMALL MEETING R 52.00 Total: 52.00 9803 11/15/2022 008722 SUMMIT SCHOOL PAC PARK REFUND 001.237.10.99 DEPOSIT REFUND:ROOM 109 52.00 Total: 52.00 9804 11/15/2022 009078 THE LEGACY GROUP PARK REFUND 001.237.10.99 DEPOSIT REFUND:SM MEETING ROO 52.00 Total: 52.00 9805 11/15/2022 009084 WAATP PARK REFUND 001.237.10.99 DEPOSIT REFUND:LG MEETING ROOT 52.00 Total: 52.00 9806 11/15/2022 007989 WEST VALLEY SCHOOL DIST.#363 PARK REFUND 001.237.10.99 DEPOSIT REFUND:GREAT ROOM 210.00 Total: 210.00 9807 11/15/2022 004826 WITHERSPOON KELLEY PARK REFUND 001.237.10.99 DEPOSIT REFUND:GREAT ROOM 210.00 Total: 210.00 23 Vouchers for bank code: pk-ref Bank total: 2,332.00 23 Vouchers in this report Total vouchers: 2,332.00 Page: 7%5 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 22, 2022 Department Director Approval: Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Payroll for Pay Period Ending November 15, 2022 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: BUDGET/FINANCIAL IMPACTS: Employees Council Total Gross: $ 400,597.08 $ - $ 400,597.08 Benefits: $ 74,760.46 $ - $ 74,760.46 Total payroll $ 475,357.54 $ - $ 475,357.54 RECOMMENDED ACTION OR MOTION: Move to Approve above payroll. [Approved as part of the Consent Agenda, or may be removed and discussed separately.] STAFF CONTACT: Raba Nimri DRAFT MINUTES City of Spokane Valley City Council Study Session Meeting Tuesday,November 1,2022 Mayor Haley called the meeting to order at 6 p.m. The meeting was held in person by Council and staff in Council Chambers,and also remotely via Zoom meeting. Attendance: Councilmembers Staff Pam Haley,Mayor John Hohman, City Manager Rod Higgins,Deputy Mayor Erik Lamb,Deputy City Manager Tom Hattenburg, Councilmember Tony Beattie, Sr.Deputy City Attorney Brandi Peetz, Councilmember Bill Helbig, Community&Public Works Dir. Laura Padden,Councilmember John Bottelli,Parks,Rec&Facilities Director Ben Wick,Councilmember Kevin Richey,Assistant Police Chief Arne Woodard, Councilmember Mike Basinger,Economic Develop.Director John Whitehead,Human Resources Manager Virginia Clough,Legislative Policy Coordinator Christine Bainbridge, City Clerk ROLL CALL: City Clerk Bainbridge called roll; all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Councilmember Wick, seconded, and unanimously agreed to approve the agenda. PROCLAMATION:Native American Indian Heritage Month The Native American Indian Heritage Month proclamation was accepted with thanks from DAR members Ms. Janet Ulbright and Ms. Rae Anna Victor. ACTION ITEM: 1.Motion Consideration: City Hall Holiday Closure—John Whitehead It was moved by Deputy Mayor Higgins and seconded to authorize the closure of City Hall and CenterPlace at noon Wednesday, November 23, 2022; and the entire day on Friday, December 23, 2022; to allow staff time to prepare for their Thanksgiving and Christmas Holidays. Mayor Haley invited public comments;no comments were offered. Vote by acclamation: in favor: unanimous; opposed none. Motion carried. NON-ACTION ITEMS: 2. Spokane Regional Emergency Communications(SREC)—Erik Lamb;Assistant Police Chief Richey Deputy City Manager Lamb introduced SREC Executive Director Ms.Lori Markham,Deputy Director Ms. Kim Arredondo, and Assistant Police Chief Richey. Mr. Lamb said that tonight's presentation is an informational piece.Ms.Markham stated that as of about 6 pm last night,the Spokane Fire Department has been added to their member agency list; and stated that the City of Spokane handles their own police calls; she briefly went over the organization, its history, and members and partners list. Ms. Arrendondo then talked about the call stats,including average time before a 911 and crime check call is answered;call trends and types, showing the increase of calls since 2020; the 911 call process and that calls are routed to fire, medical, or law enforcement. Assistant Police Chief Richey also mentioned the process for crime check, and afterwards there was brief discussion about when to call crime check and when to call 911.In response to Councilmember Woodard's question as to dispatcher qualifications, Ms. Arredondo explained that the initial training is about seven weeks, followed by twelve to sixteen weeks of full training before the dispatcher is on their own; said the current probation period is twelve months. She also noted the job is stressful, the shift schedule is usually twelve hours, and those who might be considering applying for the Council Meeting Minutes,Study Session: 11-01-22 Page 1 of 3 Approved by Council: DRAFT position need to be aware that they would be giving up holidays and weekends.There was some discussion on complaints reported to Council and Ms. Arredondo said that when someone calls crime check that a report technician will take the report or the caller can submit their report on line; said they will get a return phone call but there are times when leaving a message is a problem due to the caller not having voice mail, or their mail box being full. Council thanked everyone for their presentation and information. 3. Engineering Manager Position—Bill Helbig Director Helbig explained that tonight he seeks Council consensus to add an additional full-time Engineering Manager for the CIP group; he said that the current Capital Improvement Program (CIP) Engineering Manager position is still vacant and that two very qualified and capable internal applications were received for the position; that after a subsequent review of the overall CIP group and its workload, a new group structure is proposed.Mr.Helbig said that rather than have a single Engineering Manager with the CIP group which includes 14 staff positions, the proposal is to have two Engineering Managers. Mr. Helbig further explained that the Engineering Manager's responsibilities have historically been more administrative, but the proposed staffing plan with two Managers is to have the individuals as working managers; so in addition to administrative and oversight responsibilities, they would be responsible for managing projects;he noted this method would provide for more available project managers to address the continuing increase in project workload; and the cost for both would be equally borne between the General Fund and the Street Capital Project Fund so this change assures there is no additional cost to the General Fund with the addition of the second CIP Manager. Mr. Helbig mentioned the Memorandum distributed to Councilmembers tonight that addresses the CIP group workload, and includes a list of active assigned projects, assigned projects on hold, those awaiting closure,and those currently unassigned. Councilmember Hattenburg said the workload is amazing as is the list of projects. Councilmember Woodard said he agrees with this change especially since it would be a savings for the unit, and he asked if this would cover us or are there any projections for more engineers. Mr.Helbig replied that he doesn't expect a slowdown in the workload and that they monitor it continually. Councilmember Wick said he realizes there are a lot of projects and asked why this didn't come up during the budget. Mr. Helbig said staff has been addressing the issue and wanted to see how the group operated with the vacant engineering manager position; he said staff has been buried and he didn't have time to go through the recruiting process, and that the timing didn't coincide with the budget development. Councilmember Wick encouraged staff to try to include these kind of conversations with the budget process; said he realizes this saves the general fund but the money still comes from somewhere. On the question of seeking Council consensus to authorize the hiring of an additional full-time Engineering Manager,all Councilmembers concurred except Councilmember Peetz. 4.Advance Agenda—Mayor Haley There were no suggested changes to the Advance Agenda. 5. Department Reports These reports were for information only and were not reported or discussed. 6. Council Comments—Mayor Haley There were no further Council comments. 7. City Manager Comments—John Hohman City Manager Hohman mentioned that two letters were distributed at the Council dais tonight; one is concerning the upcoming legislative session, and is from the Spokane Mayor Woodward asking our and other city mayors to participate and sign;said he doesn't need an answer tonight and he encouraged Council to review this and it can be discussed more next week.He said that the next is about a letter of support for the State Parks & Recreation grant application, in support of the RCO Grant application to fund one full- Council Meeting Minutes,Study Session: 11-01-22 Page 2 of 3 Approved by Council: DRAFT time education and enforcement ranger,said this has been funded in the past and they are seeking continued funding; and if Council is comfortable, we can get that signed and sent to the State Parks and Recreation Commission. Mayor Haley asked if there were any objections from Council in signing the state parks letter, and no objections were voiced. Mr. Hohman stated that there was a press release recently from Spokane County announcing that they have allocated American Rescue Plan funds to Plantes Ferry; that it is combined with a new park on the West Plains; that they are allocating $11 million for both projects; said he received a follow-up e-mail from Spokane County Parks Recreation & Golf Director Mr. Doug Chase noting that$5 million has been allocated for Plantes Ferry, so it appears there will be a significant amount of money for a phase 1 project for Plantes Ferry. 8. Executive Session: [RCW 42.30.110(1)(g)] Review Performance of a Public Employee It was moved by Deputy Mayor Higgins and seconded that Council adjourn into executive session for approximately 60 minutes to review the performance of a public employee, and that no action will be taken upon return to open session. Council adjourned into executive session at 6:57 p.m. At 7:52 p.m.Mayor Haley declared Council out of executive session,at which time it was moved by Deputy Mayor Higgins, seconded and unanimously agreed to adjourn. ATTEST: Pam Haley,Mayor Christine Bainbridge,City Clerk Council Meeting Minutes,Study Session: 11-01-22 Page 3 of 3 Approved by Council: Draft MINUTES City of Spokane Valley City Council Regular Formal Meeting Tuesday, November 8,2022 Mayor Haley called the meeting to order at 6 p.m. The meeting was held in person by Council and staff in Council Chambers,and also remotely via Zoom meeting. Attendance: Councilmembers Staff Pam Haley,Mayor John Hohman,City Manager Rod Higgins,Deputy Mayor Erik Lamb,Deputy City Manager Tim Hattenburg, Councilmember Cary Driskell,City Attorney Laura Padden,Councilmember Tony Beattie, Sr. Deputy City Attorney Brandi Peetz, Councilmember Chelsie Taylor,Finance Director Ben Wick,Councilmember Bill Helbig, Community&Public Works Dir. Arne Woodard,Councilmember John Bottelli,Parks,Rec&Facilities Director Gloria Mantz, City Engineer Mike Basinger,Economic Development Dir John Whitehead,Human Resources Director Virginia Clough,Legislative Policy Coordinator Christine Bainbridge,City Clerk INVOCATION: Pastor Darrell Cole of Living Hope Community Church gave the invocation PLEDGE OF ALLEGIANCE ROLL CALL City Clerk Bainbridge called roll; all Councilmembers were present. APPROVAL OF AGENDA It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS COMMITTEE,BOARD,LIAISON SUMMARY REPORTS Councilmember Peetz: said she went to the new bakery on Sprague Avenue, the Breaiixdoo Bakery, and was very impressed; met with the Washington Traffic Safety Commission and said they have a new guidebook for speed enforcement for cities; spoke of an effort to lower the BAC (blood alcohol concentration)limit from .08 to .05 as some other states are also working toward that end. Councilmember Padden: she extended congratulations to Spokane Valley Chamber of Commerce CEO Lance Beck and his wife on their new baby; said the Chamber is now fully staffed and membership continues to grow so finances are in great shape; said the Manufacturing Matters project of taking school kids around to manufacturing plants has been very successful; said they also discussed their top legislative agenda items such as safety; that they are asking for a permanent solution to the Blake Decision; and that they would like the emergency powers of the governor revised; and said the Chamber's showcase event will be held December 9 at CenterPlace. Councilmember Hattenburg: reported that he attended the 25th anniversary of Family Promise,which is an organization that provides housing for homeless families; went to the Bakery ribbon cutting, and also the ribbon cutting at Wellesley & Sullivan as Sullivan Road reopens; and that he went to the Spokane Valley Heritage Museum Fundraiser which was very entertaining and interesting. Councilmember Woodard: stated that the Continuum of Care is working to finalize what would be sent to HUD, said the first notice of Point in Time count is coming up early January or February; said that while he was in Arizona he went to a Family Promise there and said that our Family Promise is the model for the entire nation of Family Promise Organizations; said Arizona is having similar success rates as our area Council Meeting Minutes,Formal: 11-08-2022 Page 1 of 5 Approved by Council: Draft concerning the homeless situation; said he went to the employee luncheon and he thanked staff for their professionalism. Councilmember Wick: said that the Freight Mobility Strategic Investment Board (FMSIB) is proposing a Board name change and that they are also working on how to best engage under-represented communities; said they propose to add three new members; said he attended the Heritage Museum fundraiser at CenterPlace and mentioned the impressive video wall; mentioned the school district's historic flight foundation at Felts Field; said he went to the AWC (Association of Washington Cities) Cities on Tap regional meeting and said the annual AWC conference will be in Spokane this year; and said that Visit Spokane has been having conversations about our City's transition with the TPA. Deputy Mayor Higgins: reported that he also attended the Bakery ribbon cutting;mentioned that the Clean Air Board and the Aging and Long Term Care Board have both been affected by inflation; said the Clean Air Board has been hearing about some difficulties with legalized marijuana; that there are not as many growers and processes as there once were and that the Board had been charging them an annual registration fee,but that it costs more to collect then the fee actually costs so the Board decided to do away with the rates; said the problem is trying to collect from people who aren't going to pay and said if citizens care to comment,he suggested going on-line to their Board or coming to the next meeting; said they conducted a study and they haven't raised some charges since 2010 so they are playing catch-up; and said he also went to the Museum's fundraiser. MAYOR'S REPORT Mayor Haley said she also attended the Bakery ribbon cutting and highly recommends their cookie ice- cream sundae;mentioned there was discussion at the STA meeting about cost effectiveness, and said that our cost is the lowest in the state per ride, and also the lowest for paratransit; and reminded everyone that free passes are still available for November. PROCLAMATIONS: (1)Small Business Saturday; (2) Veterans Day Mayor Haley read each proclamation. GENERAL PUBLIC COMMENT OPPORTUNITY Ill: After Mayor Haley explained the process,she invited public comment. Mr.John Harding,Spokane Valley: said veterans have been historically mistreated and he hopes people appreciate their service; said he has a problem with being able to frequently discuss items and of an inability to communicate with council; said he wants the ability to communicate with Council however possible,and noted there are some people in our community who might be helpful with certain topics. 1. PUBLIC HEARING: Community Development Block Grant (CDBG) Project(s) Submittal — Eric Robison Mayor Haley opened the public hearing at 6:38 p.m. Housing & Homeless Coordinator Robison went through his PowerPoint explaining about the two proposed projects. He also noted that Spokane Housing Ventures is asking that we send a letter of support to Spokane County and all Councilmembers indicated they support sending the letter. Mayor Haley invited public comment; no comments were offered and Mayor Haley closed the public hearing at 6:46 p.m. 2.Motion Consideration: Approval of CDBG 2023 Project(s) Submittal—Eric Robison It was moved by Deputy Mayor Higgins and seconded to approve supporting Spokane Housing Venture's 4th Avenue proposal as the first option for CDBG funds during the 2023 program, and the Progress Road project as the second option. Vote by acclamation: in favor: unanimous; opposed: none. Motion carried. 3. PUBLIC HEARING#3: 2023 Budget—Chelsie Taylor Mayor Haley opened the public hearing at 6:47 p.m. After Finance Director Taylor gave an overview of the budget,Mayor Haley invited public comment. Mr. John Harding, Spokane Valley: he did not address the 2023 budget,but spoke about the 1/10 of 1%emergency communication proposition from 2008 to 2018. There were no other public comments and Mayor Haley closed the hearing at 6:51 p.m. Council Meeting Minutes,Formal: 11-08-2022 Page 2 of 5 Approved by Council: Draft NEW BUSINESS: 4. Consent Agenda: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion:I move to approve the Consent Agenda. a.Approval of Claim Vouchers on November 8,2022,Request for Council Action Form: $1,492,976.78 b.Approval of Payroll for Pay Period ending October 31,2022: $644,128.20 c.Approval of Council Meeting Minutes of October 18,2022, Study Session d.Approval of Council Meeting Minutes of October 25,2022,Formal Meeting Format It was moved by Deputy Mayor Higgins,seconded and unanimously agreed to approve the Consent Agenda. 5. Second Reading Ordinance 22-022 Amending 2022 Budget—Chelsie Taylor After City Clerk Bainbridge read the ordinance title,it was moved by Deputy Mayor Higgins and seconded to approve Ordinance 22-022 amending Ordinance 21-018 which adopted a budget for the period January 1, 2022 through December 31, 2022, as subsequently amended by Ordinance 22-008. Vote by acclamation: in favor: unanimous; opposed: none. Motion carried. 6. Second Reading Ordinance 22-023 Adopting 2023 Budget—Chelsie Taylor After City Clerk Bainbridge read the ordinance title,it was moved by Deputy Mayor Higgins and seconded, to approve Ordinance 22-023 adopting the 2023 budget. Vote by acclamation: in favor: unanimous; opposed: none. Motion carried. 7. Resolution 22-020 Amending Policies for Street Vacation Compensation —Bill Helbig It was moved by Deputy Mayor Higgins and seconded to adopt Resolution 22-020 regarding compensation for rights-of-way and other vacations pursuant to RCW 35.79.030. Director Helbig went over the major points of the resolution as noted in the Request for Council Action form, which points he mentioned had been agreed upon by Council consensus during a previous meeting.Mayor Haley invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous; opposed: none. Motion carried. 8.Motion Consideration: Stormwater Utility Rates—Gloria Mantz It was moved by Deputy Mayor Higgins and seconded to adopt the Pro-Active Level of Service for the Stormwater Utility and effective January 1, 2023, increase the Stormwater Utility fee to$58/year per ERU with an annual increase consistent with the CPI. City Engineer Mantz explained about the proposed stormwater utility rate increase and that based on previous Council consensus to adopt the Pro-Active level of service,that once approved,effective January 1,2023,the utility fee would increase to $58 per year per ERU with an annual increase consistent with the CPI (consumer price index). Ms. Mantz also noted that next steps would be to incorporate the new fees into the 2023 Master Fee Schedule, and evaluate the Stormwater Master Plan to develop an Implementation Plan and Schedule. Ms. Mantz noted that the City must comply with state regulations and if we are not in compliance, it means impacts to the river and aquifer,has the potential for Ecology to issue civil and criminal actions up to $25,000 per day or more and one-year imprisonment; as well as other penalties for each day in violation. She also noted that the Department of Ecology provided an update of some of the upcoming new requirements, and it appears we would need to enhance our street sweeping program to perhaps sweep a minimum of three times a year; said she anticipates we will need to hire a professional arborist to perform a tree inventory as well.Mayor Haley invited public comment. Mr. John Harding, Spokane Valley: said it seems that the government's first, second and third priority should be public safety and that this isn't public safety; said that with this we would hire three new people, and said he wondered how many police officers could have hired instead; said stormwater runoff doesn't come from citizens' yards but rather comes off concrete and pavement which is generally near some business and questioned why the businesses shouldn't contribute.There were no other public comments. Council Meeting Minutes,Formal: 11-08-2022 Page 3 of 5 Approved by Council: Draft During Council and staff discussion,Councilmember Woodard asked Ms.Mantz how this would affect the commercial side of properties and Ms. Mantz explained that aside from residences, all other developed property is also currently charged $21 for every 3,160 square feet of impervious surface area. Councilmember Woodard stated that water is public safety;because if we don't have water,we don't have any way to maintain health;he said that residents add to the stormwater runoff as rainwater runs off roofing, concrete, and driveways. Councilmember Wick stated that this fee hasn't been raised for several years, and he feels moving to the pro-active is a huge jump,which fee would be collected on property tax bills; said he prefers to go back to the minimum, adding that he has a concern about the automatic CPI increase and is not comfortable with doing that without further review by Council. Councilmember Peetz said she agreed with Councilmember Wick as this is too high of a jump;that she understands we need to be in compliance but people ae already having a hard time keeping up and she favors the minimum now and to re-evaluate later; and that she too would like further review by Council instead of automatic CPI increases. Councilmember Hattenburg mentioned he doesn't want to get further behind and Mr. Hohman noted that it was Council's previous direction to go with the pro-active but this decision is up to Council,adding that he highly recommends not going below the minimum due to associated risks. Mayor Haley stated that by not passing this it would mean we are saying our water isn't worth that; she said that there has been more spending more on other things, and she agrees that water is worth it, it is very important, and this is not a huge amount of money and she supports our single source of water. It was moved by Councilmember Wick and seconded to amend the motion to the minimum level of service for the stormwater fee and to set the fee at$45.00 a year effective January 1, 2023. Mayor Haley invited public comment on the amendment; and no comments were offered.After further Council discussion of the different amounts, Council voted by acclamation (and showing of hands) on the amendment: in favor: Councilmembers Wick and Peetz; opposed: Mayor Haley, Deputy Mayor Higgins, and Councilmembers Padden, Hattenburg, and Woodard. The amendment failed. Vote on the original motion: in favor: Mayor Haley, Deputy Mayor Higgins, and Councilmembers Padden, Hattenburg, and Woodard; opposed: Councilmembers Wick and Padden. Motion carried. GENERAL PUBLIC COMMENT OPPORTUNITY 121: Mayor Haley invited public comment;no public comments were offered. ADMINISTRATIVE REPORT: 9. Code Text Amendment Stormwater Utility—Gloria Mantz City Engineer Mantz explained about the stormwater management regulations, and of the minor code language changes needed for consistency with City processes as shown on the track-change draft; she also noted these proposed regulations would go before the Planning Commission, then return to Council for ordinance amendment consideration; adding that the ordinance must be adopted by February 3, 2023 per the MS4 permit regulations. There were no objections to moving forward as Ms.Mantz proposed. 10.Lodging Tax Advisory Committee (LTAC)Recommendations to Council—Chelsie Taylor, Sarah Fan Accountant/Budget Analyst Fan and Finance Director Taylor went over the background leading to the LTAC recommendations to Council for 2023 budget allocations. Director Taylor reminded Council that options for Council include approving some or all of the listed recipient amounts recommended by the LTAC,not approving any and having the LTAC review its recommendation for further Council action, or propose a change in the use of revenue, which then must be re-submitted to the LTAC for review and comment and the LTAC must be given at least 45 days to review and provide comments prior to final action by Council. Ms. Fan noted that this issue is slated to come before Council December 13 for a motion consideration so no action is needed tonight. Councilmember Woodard said he is a bit disappointed with not funding the capital project at $3 million, but appreciates the $2 million recommendation, and said he would encourage the County to apply again next year for another grant. Councilmember Peetz also noted she appreciates the process and it is very important to have the stadium and questioned if there was any Council Meeting Minutes,Formal: 11-08-2022 Page 4 of 5 Approved by Council: Draft commentary on why the full amount was not considered. Mr. Hohman said it may have had been due to some concern about the number of hotel room nights generated by the games all year long. 11.Advance Agenda—Mayor Haley There were no suggested changes to the Advance Agenda. CITY MANAGER COMMENTS City Manager Hohman mentioned the previous letter from Mayor Woodward asking our Mayor to sign and forward back,concerning frustration with crime; and said that Councilmember Padden had no issues with the letter,and he asked if Council has any objections to this letter,and there were no objections raised.Mr. Hohman also noted that earlier today he signed an agreement with an accounting firm to handle distribution of ARPA funds,and that staff is hoping to issue an RFP(request for proposal)in early December. It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to adjourn. The meeting adjourned at 7:58 p.m. ATTEST: Pam Haley,Mayor Christine Bainbridge,City Clerk Council Meeting Minutes,Formal: 11-08-2022 Page 5 of 5 Approved by Council: Draft MINUTES City of Spokane Valley City Council Special Meeting Tuesday,November 15,2022 Mayor Haley called the meeting to order at 5:15 p.m. The meeting was held in person in Council Chambers, and also remotely via Zoom meeting. Attendance: Councilmembers Staff Pam Haley,Mayor John Hohman,City Manager Rod Higgins,Deputy Mayor Cary Driskell, City Attorney Tim Hattenburg,Councilmember Christine Bainbridge, City Clerk Laura Padden, Councilmember Brandi Peetz,Councilmember Ben Wick, Councilmember Arne Woodard, Councilmember ROLL CALL: City Clerk Bainbridge called roll; all Councilmembers were present. EXECUTIVE SESSION: RCW 42.30.110(1)(b)]: Acquisition of Real Estate It was moved by Deputy Mayor Higgins, seconded and unanimously agreed that Council adjourn into executive session for approximately thirty minutes to discuss acquisition of real estate and that no action will be taken upon return to open session. Council adjourned into executive session at 5:16 p.m. At 5:47 p.m.Mayor Haley declared Council out of executive session. It was then moved by Deputy Mayor Higgins, seconded and unanimously agreed to adjourn. The meeting adjourned at 5:47 p.m. ATTEST: Pam Haley,Mayor Christine Bainbridge, City Clerk Council Meeting Minutes,Special Meeting 11-15-2022 Page 1 of 1 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 22, 2022 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: First Reading Proposed Ordinance 22-024 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. An administrative report on this item was presented at the November 15th council meeting. BACKGROUND: The 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. CenterPlace currently does not have any operating cash on hand for making change for customers, although there is $50.00 in petty cash administered by the Parks & Recreation Administrative Assistant. The resolution that will accompany the second reading of this ordinance 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. OPTIONS: Move to advance Ordinance 22-024 to a second reading as drafted; or take other action as appropriate. RECOMMENDED ACTION OR MOTION: Move to advance Ordinance 22-024 to a second reading. BUDGET/FINANCIAL IMPACTS: None anticipated. STAFF/COUNCIL CONTACT: Daniel Domrese, Accounting Manager ATTACHMENTS: Draft Ordinance 22-024 Amending SVMC 3.30.030 — General petty cash established DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 22-024 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING CHAPTER 3.30 OF THE SPOKANE VALLEY MUNICIPAL CODE 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 $ 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: Pam Haley,Mayor Christine Bainbridge,City Clerk Date Published APPROVED AS TO FORM: Effective Date: Office of the City Attorney Ordinance 22-024,Amending SVMC 3.30 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 22,2022 Department Director Approval: n Check all that apply: n consent n old business ®new business n public hearing n information n admin.report n pending legislation n executive session AGENDA ITEM TITLE: Resolution 22-021,Amending Governance Manual 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. November 15, 2022, administrative report at which time Council concurred to have the resolution brought forth for Council approval consideration at a future meeting,with changes as noted below. 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. At the November 15, 2022 Council meeting, Council agreed with the following changes, which are now incorporated into the redline, and clean version of the Manual: 1. Roberts Rules of Order: added statement on page 4 about Council following these Rules. 2. Three Touch Principle: kept three-touch principle. 3.Formal meeting: removal of the second opportunity for general public comments. 4. Study Session meeting: changed the form of the agenda to include addition of an opportunity for general public comment. This results in having one opportunity for general public comment at every regular meeting. 5. Executive Session: to be discussed separately at a future meeting. 6. Remote Participation: redline page 18 concerning the Mayor as Presiding Officer if attending remotely, changed the Mayor will still function as the Presiding Officer, to the Mayor may still function as the Presiding Officer. 7.Expense Reimbursement,and Travel Approval: Council agreed with changes as shown on pages 35-37; with the added change of monthly mileage stipend of$25 for Councilmembers travelling local within 15 miles of City Hall, and a monthly mileage stipend of$50 for the Mayor travelling local within 15 miles of City Hall. Once approved,the Table of Contents and Index will be updated. OPTIONS Move to approve Resolution amending Governance Manual as modified, or with additional changes. RECOMMENDED ACTION OR MOTION: Council discretion. BUDGET/FINANCIAL IMPACTS: n/a STAFF/COUNCIL CONTACT: City Manager John Hohman ATTACHMENTS: Draft Resolution 22-021 with redline version of Governance Manual, and clean version. 1 Draft CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO.22-021 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, REPEALING AND REPLACING CITY OF SPOKANE VALLEY RESOLUTION 20-010 WITH ATTACHED `GOVERNANCE MANUAL' COMPRISING THE CITY COUNCIL'S COMPREHENSIVE COLLECTION OF MEETING RULES AND PROCEDURES; AND OTHER MATTERS RELATING THERETO. WHEREAS,written rules of procedure regarding how the City Council conducts its policy-making business for the City best ensure an atmosphere conducive to efficiency,uniformity and consistency; and WHEREAS, the rules and procedures adopted by the Council for conducting the policy-making business of the City needs to be amended from time to time to reflect change in the law and practice of the Council. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County,Washington,as follows: Section 1. On July 14, 2020, Council adopted Resolution 20-010 repealing and replacing the previously adopted City of Spokane Valley Resolution 18-011 with attached Governance Manual. Section 2. The Council hereby repeals Resolution 20-010 with attached Governance Manual, and replaces it with City of Spokane Valley Governance Manual, which contains Appendices to that Manual, all of which is attached hereto and incorporated herein. Section 3. Effective Date. This Resolution shall be in full force and effect upon adoption. Adopted this day of November, 2022. CITY OF SPOKANE VALLEY ATTEST: Pam Haley,Mayor Christine Bainbridge, City Clerk Approved as to form: Office of the City Attorney Resolution No.22-021 Governance Manual SCITY QF pokane ae � Governance Manual Adopted by Resolution 22-021 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 b_y Resolution 22-021, adopted Page I of 62 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 Germ lmember 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 "•,:r i l Ill at=on 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 62 F. Ballot Measures 36 CHAPTER 3: Council Contacts 38 A. Citizen Contacts and Interactions 39 . 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 62 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. RCW35A.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 tile 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 62 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 5 of 62 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 62 CHAPTER Council Meetings r +rnrr^',IIhhrr . ,fl , � if _ — — • _, _. k a • _,It.. .1 '''4 r: ./ . f-,7Y.pi-' ''. r- A-... , . it • • F,- - 7. - :17 .Y; 1 it f 1 Page 7 of 62 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 Tern 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 2"d and 4111 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 8of62 • i. Call to Order by the Presiding Officer ii. Invocation iii. Pledge of Allegiance iv. Roll Call (See Chapter 1, C4b [page 161 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" xv-i. Administrative Reports (includes the Advance Agenda) or tracking of an administrative issue or topic. xviii. Information Only Items These items are generally not discussed or reported. xvii Council Comments xviii. City Manager Comments xix . Executive Session (as required) , Page 9 of 62 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,3'and 5'1'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 aces-heuld 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 U Tnless there ar'e designated as an action items 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 requester 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 Councils 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 62 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, C4 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 Iv' 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. xvii.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. 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) xi Hi*.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. 1 3. Regular Mcctings' 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 Iikelihood of Council taking action at the close of the executive session and return to open session. Page 11 of 62 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. 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. c. 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. Page 12 of 62 d. 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. 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 councihnembers 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 Page 13 of 62 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 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 14 of 62 C. Meeting Rules and Procedures I.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 one during en 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 Councilmernbers. 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 15 of 62 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 16 of 62 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 maybe 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-tern 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 Councihnember 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 17 of 62 8. 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 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 may 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 a Council meeting via telephone conference call must be made at least one week in advance, i ll be approved-b` Council by motion.The Councilmember making the request,may also vote on the motion. More than one Councilmember e able t le tuber pe=meeting- ;nd provided. th t"quorum of Councilmembers would physically 9 b , b . 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 Page 18 of 62 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. 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 an 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 staffs workload and shall determine when the item can be prepared and brought Page 19 of 62 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: 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: "1 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, aAgenda items requiringseheduled for Council action shall begin witlwequire a motion by a Councilmember prior tobe€ere 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 Councilmemberene 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 Page 20 of 62 VII, Section 43, Decorum in Debate), keeping in mind it is not the Councilmember, but the measure that is the subject of debate. vii.When an amended motion is on the floor,the vote is taken on whether to adopt the amendment. If adopted,the next vote is on the fully amended motion. 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 21 of 62 Parliamentary Procedure at a Glance Roberts IF YOU YOU SAY INTERRUPT NEED Can be Can be VOTE Rules of WANT TO 20 Debated Amended Order§ 11 Postpone I move to postpone. . . No Yes Yes No Majority indefinitely(the .(an affirmative vote purpose is to can be reconsidered;a prevent action negative vote cannot.) or kill an issue.) indefinitely 12 Modify wording I move to amend the No Yes Yes Yes** Majority of motion motion by.. . 14 Postpone to a Ex:I move to postpone No Yes Yes Yes Majority certain time the motion to the next Council meeting. 16 Close debate I move the previous No Yes No No Majority* question,or I call for the question*** 17 To Table a I move to lay on the No Yes No No Majority motion table,the motion to 19 Complain about Point of Privilege Yes Yes Yes Yes Chair noise,room decision temperatures etc 20 Take break I move to recess for. . No Yes No Yes Majority 21 Adjourn I move to adjourn No Yes No No Majority meeting 23 Object to Point of Order Yes No No No Chair procedure or decision personal affront 25 Suspend rules I move to suspend the No Yes No No Majority* rules and. .. 34 Take matter I move to take from No Yes No No Majority from table the table the motion to 35 Reconsider I move we reconsider No Yes Yes Yes Majority something action on.. . already disposed of 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 Couneilmembers 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, 10th 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 22 of 62 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 Ieast 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.Walsall 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 23 of 62 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 Iaw, 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 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, g. 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 administrative report, then first and second reading in 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 p.pose. The City M a r consideration- F d' l I t; Page 24 of 62 c. Sponsorship. When a Ceuncihnemb ' the agenda,he or she should so announce, make the initial motion and provide an introduction of the measure. dc. 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 Councilmetnber 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. de.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. ef. 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. fg.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. gh. Council may not pass a franchise ordinance at a special meeting [RCW 35A.47.040]. i.h 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.13.170j ji. 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.33.0901), shall require the affirmative vote of at least a majority plus one of the whole membership of the Council. (RCW 35A.13.190). 44. 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 25 of 62 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 CIerk, 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 26 of 62 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. Field 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 thatcomments 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 27 of 62 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 28 of 62 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 th.e 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 29 of 62 It is recognized that unexpected circumstances may arise wherein observance of the "Three Touch Principle" would beis 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 30 of 62 CHAPTER 2 Legislative Process 11 ➢,. Legislation Page 31 of 62 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 Councihnembers 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 32 of 62 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 201' 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. HoId 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 4230.110(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. Councilrnembers 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 33 of 62 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 ease 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 Councihnembers 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 34 of 62 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, C- These agendas ti 3 l t ich 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 C.ouncilmember's current term of office,Councilmembers shall not incurring City business-related travel expenditures outside a 50 mile radiusT-r-equires-the-iffie-Eautheri-zatiewaf-the-F-inanee-Geinni-itteeTexeept 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 Councilmeinber(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. Page 35 of 62 i. Meals sand lodging are reimbursed at a cost deemed customary and reasonable. Meal rem-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 dtems 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 7:00p.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 Iess, 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 for each Councilmember, and $50.00 for the mayor, shall be provided for local travel for City business within 15 miles from City Hall.If travel is beyond 15 miles from City Hall, mMileage 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 36 of 62 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 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. e. 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 1 of the Councilmember e 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 37 of 62 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 38 of 62 CHAPTER 3 Council Contacts IIP 0 � 1 f t`. \ 11/41 C4111 61, 0 6dil IV D .V..- lit 9C:. A, Er Page 39 of 62 A. Citizen Contact/Interactions Outside of a Council Meeting 1. Mayor/Council Correspondence Councilmembers acknowledge that in the Council/Manager form of government, the Mayor is recognized by community members as a point of contact. To facilitate full communications, staff 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 shouldshall,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 City Managermatter 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 Mayor 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 shou Idshall 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. (See Spokane Valley Municipal Code 3.34. for policy on donations. Page 40 of 62 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 departments.The powers and duties ofthe 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 directorsheads 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 Cleric, 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 Cleric,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 Councitmembers 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 41 of 62 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 42 of 62 CHAPTER 4 COMMITTEES, BOARDS, COMMISSIONS riff r NOM Page 43 of 62 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. de. 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. ed. 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. fe. 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. gf. 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 Ieast 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 • :usincss,Information, Council Comments (study session format), or other appropriate place, for a specific Council meeting, or take other appropriate action. Page 44 of 62 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 PIanning 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 31 st 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 45 of 62 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. 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 Councihnember'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 the Finanf Com=;-1ittee shall 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. Agenda 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 46 of 62 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 47 of 62 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 par•te communications with proponents or opponents about a proposal involved in the pending proceeding unless the Councihnember: (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 48 of 62 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. We believe that Spokane Valley should be a visionary city encouraging its citizens and their government to look to the future beyond the present generation and to bring such ideas to public discussion and to enhance a sense of community identity. Section 2. We believe that elected body decision-making is the only lawful and effective way to conduct the public's legislative business and that careful observance of a clear set of Governance Coordination rules of procedure can best enhance public participation and decision making. Section 3. We believe in the City 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. We believe in hearing the public view. We affirm that members of the public should be encouraged to speak and be heard through reasonable rules of procedure when the public business is being considered, thus giving elected officials the broadest perspectives from which to make decisions. Section 5. We believe that the City of Spokane Valley's governance should be known as"user friendly," and that governance practices and general operations should consider how citizens will be served in the most responsive, effective and courteous manner. Page 49 of 62 Section 6. We believe that the economic and commercial job base of the community should be preserved and encouraged to grow as an alternative to increasing property taxes.We believe it imperative to have an expanded and diverse economic base. Section 7. We believe that Councilmembers set the tone for civic discussion and should set an example by: (a) Setting high standards of decorum and civility. (b) Encouraging open and productive conversation amongst themselves and with the community about legislative matters. (c) Demonstrating respect for divergent points of view expressed by citizens, fellow Councilmembers and the staff. (d)Honoring each other and the public by debating issues within City Hall and the Community without casting aspersions on members of Council, the staff, or the public. (e) Accepting the principle of majority rule and working to advance the success of"corporate" decisions. Section S. 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 I I'h day of December,2007. ATTEST: Isl DIANA WILHITE Diana Wilhite, Mayor Is/CHRISTINE BAINBRIDGE Christine Bainbridge, City Cleric Approved as to form: IS/MICHAEL F. CONNELLY _ Office of the City Attorney Page 50 of 62 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 ei ent held by a., panel giving ^ presentation t others, in other words as a working lunch; or unless the meal is paid for by the City. Campaign donations made and reported in conformance with Washington law are exempt from this provision. 11.CW 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 51 of 62 Appendix D: Frequently Used Acronyms AACE-American Association of Code Enforcement ADA-Americans with Disabilities Act ADT-Average Daily Traffic ATE-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 CEP- Capital Improvement Plan a� CM- City Manager CMIAQ - 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- Department of Emergency Management DNR-Department of Natural Resources DNS -Declaration of Non-Significance DOC—Department of Commerce DOE-Department of Ecology; Depaiinnient 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) F&WS-Federal Fish &Wildlife Service Page 52 of 62 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-GeneraIly 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 NEMBY-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 PW-Public Works Page 53 of 62 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 54 of 62 APPENDIX E Spokane Walley 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, I0210 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 55 of 62 EMPLOYMENT: Start with most recent l. [ ] 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 Address: Diploma or GED: [ ] yes [ ] no Trade School/College/University: Name of School Address: Diploma: [ ]yes [ ] no Degree or Certification Earned: Trade School/College/University: Name of School Address: Diploma: [ ] yes [ ] no Degree or Certification Earned: Other Certifications/Licenses: VOLUNTEER EXPERIENCE: name of social, fraternal, organizations, etc. 1, [ ] current [ ] previous 2. [ ] current [ ] previous 3. [ ] current [ ] previous 4. [ ] current [ ]previous 5. [ ] current [ ] previous LOCAL, STATE OR NATIONAL PROFESSIONAL ORGANIZATIONS,INCLUDING GOVERNMENT BOARDS, COMMITTEES, OR COMMISSIONS 1. [ ] current [ ] previous 2. [ ] current [ ] previous 3. [ ] current [ ] previous 4. [ ] current [ ] previous • 5. [ ] current [ ] previous 1. Are you a registered voter in the City of Spokane Valley? Yes [ ] No [ ] 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 [ ] Page 56 of 62 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. CounciImembers 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 57 of 62 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 58 of 62 APPENDIX F Spokane CITY COUNCIL �•"�ValleyN 10210 E Sprague Avenue • Spokane Valley WA 99206 Phone: (509)720-5000♦Fax:(509)720-5075 ♦www.spokanevalley.org Request to Transfer Travel/ Registration Budgets Transfer to Transfer from Councilmember's name Councilmember's name Account number Amount Account number Amount Signature Date Signature Date Page 59 of 62 Appendix G: Definitions Action: All transactions of a governing body's individual's spouse or domestic partner and the business, including receipt of public testimony, spouse or the domestic partner of any such person deliberations,discussions,considerations,reviews, (RCW 42.17A.005(24)). and evaluations, as well as "final" action. [RCW 42.30.010,42.30.020(3)]. Motion: An enacted motion is a form of action taken by the Council to direct that a specific action Codified: The process of forming a legal code(i.e., be taken on behalf of the municipality. Once a municipal code or book of laws)by collecting and approved and entered into the record, is the including the laws of a jurisdiction or municipality. equivalent of a resolution in those instances where a resolution is not required by law, and where such Consensus: A collective judgment or belief; motion is not in conflict with existing state or solidarity of opinion: "The consensus of the group federal statutes, City ordinances or resolutions. was that they should meet twice a month. General agreement or harmony. [Random House Webster's Ordinance: An enacted ordinance is a law passed College Dictionary, April 2001] [Wikipedia: [enacted] by a municipal organization legislatively explains it as a group decision making process, or prescribing specific rules of organization or Does anyone object?] It is not unanimity,but more conduct relating to the corporate affairs of the a process for deciding what is best overall. municipality and those citizens and businesses Members of the group reach a decision to which therein. Council action shall be taken by ordinance they consent because they know it is the best one when required by law,or where prescribed conduct overall. It differs from voting which is a procedure may be enforced by penalty. Special ordinances for tallying preferences. It does not require each such as adopting the budget, vacating a street, member of the group to justify their feelings. amending the Comprehensive Plan and/or Map, [Taken from: Consensus Is Not Unanimity:Making and placing a matter on an election ballot, Decisions Cooperatively, by Randy Schutt.'] including general obligation bonds, are not Similar to a type of verbal"show of hands"on who codified into the City's municipal code. feels particularly strong on this?" Sometimes thought of as preliminary approval without taking Resolution: An enacted resolution is an final "action." A show of hands is not an action administrative act which is a formal statement of that has any legal effect. ["Voting and Taking policy concerning matters of special or temporary Action in Closed Sessions"by Frayda Bulestein.] character. Council action shall be taken by resolution when required by law and in those Ex-parte: from a one-sided or partisan point of instances where an expression of policy more view;on the application of one party alone.An ex- formal than a motion is desired. parte judicial proceeding is conducted for the benefit of only one party. Ex-parte may also Regular Meeting: Any Council meeting that describe contact with a person represented by an meets in the Spokane Valley City Council attorney, outside the presence of the attorney. Chambers on Tuesday at 6:00 p.m.shall be deemed a"regular meeting." Immediate Family: includes a spouse or domestic partner, dependent children, and other dependent Social Media: A term used to define the various relatives, if living in the household. For the activities that integrate technology, social purposes of the definition of"intermediary" in this interaction and content creation. Through social section, "immediate family" means an individual's media, individuals or collaborations of individuals spouse or domestic partner, child, stepchild, create on-line web content, organize content, edit grandchild, parent, stepparent, grandparent, or comment on content,combine content,and share brother, half brother, sister, or half-sister of the content. Includes many technologies and forms individual and the spouse or the domestic partner including syndicated web feeds, weblogs (blogs), of any such person and a child, stepchild, wiki, photo-sharing, video-sharing, podcasts, and grandchild, parent, stepparent, grandparent, social networking.(From MRSC,and Social Media brother, half-brother, sister, or half-sister of the and Web 2.0 in Government, WebContent.gov) Page 60 of 62 INDEX Finance Committee 44 Finance Department 34 A fiscal restraint.26 flip of a coin 31 Absences• 16 Acceptance of Gifts:•49 ad hoc committees 45 Advance Agenda 14,19 affirmative motion• 19 hearings•26 amended agenda •8,9,11,13 holiday•8 applause 15,27 applications•27,32,33 attendance•40 f B impractical 13,14,29 informal contacts•41 Internet• 16,17,18 ballot 15,31,33,36,37,58 bias•22,23 budget amendment,22,24 L leave of absence• 16,17 C Cancellation of Meetings:•14 M candidate• 12,33 City Manager•3,6,8,9,10,12,13,14,16,18,19,22,23,24, majority of the whole•22,24 26,28,31,33,39,40,45,47,48,50 Majority Plus One 22,24 coin flip.34 majority vote•6,8,10, 16,19,21,24,28,31,43,44 Community Recognition Program •25 maker of the motion•19,20,21 complaint•39 misleading•10 Confidential material•18 Conflict of interest 22 Core Beliefs•3,4 N nomination•31,32,33 notice 8, 13, 16,28,36,48,61 dais•10,18,28,32 deadline•32 0 Demonstration 15 disruptive• 15,17,27 Open Public Meetings Act•5,8,10, 11,18,39,53,61 out of order•15, 18,21,27 f Outside Requests•10 election•31,32,33,36,58 P electronic message•16,18 e-mail•15, 18,36 parliamentarian •16 emergency•9,11, 13,18,22,24,28,61 Emergency•2, 14,18,50,51,61 podium 9,15,18,26,27 ethical•49 Pre-Agenda •2, 14 executive session• 11,12,32,33,45 presentations 8,10,15,27 executive sessions•11, 12,28 prevailing side 27,28 Public Comment 37 public comments•9,14, 15,19,26,27 Public Records Act:•5 Filling a Council Vacancy•32 Page 61 of 62 Table•2,21 tax•26,44 telephone•17,39 qualifications• 12,32 three minutes•14, 19,27 quasi-judicial•15,28,46,47 Three Touch•23,28,29 quorum•5,6,16,22,61 Three-Touch•9,11 tie•22,31,33 travel•34 R rearrange•8,11 U recommended appointment•43 reconsideration•27,28 unexcused absence•16,44 recuse•22,23 Unexpected Motions 10 Remote•2,17 unusual circumstances•23,29 Removal•43,44 Request for Council Action•28 • V S vacancy•31,32,33,45 video• 17,40,58 seats• 16 vote to extend the meeting,10,11 social media•39,58 speak twice•20 special meeting•11,13,14,24,32 surprise•10 surprises•10,20,28 waived•8,22,24 withdraw the motion•21 written comments•15,27 table•21,27 Page 62 of 62 CITY OF So Kane Valley ® Governance Manual Adopted by Resolution 22-021 A Comprehensive Collection of Rules and Procedures Adopted November , 2022 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 Resolution 22-021, adopted Page 1 of 60 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.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. 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. 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 60 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 60 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 60 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. 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 5 of 60 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 depailinents, and for the supervision 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 60 CHAPTER 1 Council Meetings J -ADM otgirvilrimaimailmunnw.,__ alict l 4 LIE 0 1 me r „ - - r �-� s — r. rr t I i ,y III 41 Page 7of60 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 8 of 60 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. Administrative Reports (includes the Advance Agenda) or tracking of an administrative issue or topic. xvi. Information Only Items These items are generally not discussed or reported. xvii Council Comments xviii. City Manager Comments xix. Executive Session (as required) Page 9 of 60 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 are normally not 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 designated as an action item, public comment will be permitted on that motion/item unless a public hearing on the item was previously held. There shall be one general public comment at study session for the public to comment on items that relate to the operation of the City . 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.Unscheduled 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 written materials,including the written summary, shall be submitted to the City Clerk at least 10 days prior to the appropriate Council meeting. Page 10 of 60 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 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 could 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 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 ix.Information Only Items. These items are generally not discussed or reported. x. Council Comments: 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. 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) xiii.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. 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. i. At the close of the executive session and upon Council's return to chambers,the Presiding Officer will declare Council out of executive session,and ask for the appropriate motion(i.e. an action motion or a motion to adjourn). Page 11 of 60 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. 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. c. 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. d. 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 Page 12 of 60 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. 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. Page 13 of 60 h. RCW 42.30.070 states in part: "It shall not be a violation of the requirements of this chapter for a majority of the members of a governing body to travel together or gather for purposes other than a regular or special meeting provided that they take no action as defined in this chapter." [MRSC Research News—Summer,2016] 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 14 of 60 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 opportunity,each speaker may only make comments once 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 15 of 60 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 16 of 60 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 17 of 60 8. 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 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 may 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. 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. 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 Page 18 of 60 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 Comment Opportunity,"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 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 staffs 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 staffs involvement. The following process shall be used to propose an item for a future Council meeting: 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 Page 19 of 60 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 requiring Council action shall begin with a motion by a Councilmember prior to discussion . 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 Councilmember should be permitted to speak twice to the same issue until all Councilmembers wishing to speak have 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. 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 20 of 60 Parliamentary Procedure at a Glance Roberts IF YOU YOU SAY INTERRUPT NEED Can be Can be VOTE Rules of WANT TO 2`D Debated Amended Order§ 11 Postpone I move to postpone.. . No Yes Yes No Majority indefinitely(the .(an affirmative vote purpose is to can be reconsidered;a prevent action negative vote cannot.) or kill an issue.) indefinitely 12 Modify wording I move to amend the No Yes Yes Yes** Majority of motion motion by .. . 14 Postpone to a Ex:I move to postpone No Yes Yes Yes Majority certain time the motion to the next Council meeting. 16 Close debate I move the previous No Yes No No Majority* question,or I call for the question*** 17 To Table a I move to lay on the No Yes No No Majority motion table,the motion to 19 Complain about Point of Privilege Yes Yes Yes Yes Chair noise,room decision temperatures etc 20 Take break I move to recess for. . No Yes No Yes Majority 21 Adjourn I move to adjourn No Yes No No Majority meeting 23 Object to Point of Order Yes No No No Chair procedure or decision personal affront 25 Suspend rules I move to suspend the No Yes No No Majority* rules and. .. 34 Take matter I move to take from No Yes No No Majority from table the table the motion to 35 Reconsider I move we reconsider No Yes Yes Yes Majority something action on.. . already disposed of 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, 10th 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 21 of 60 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 22 of 60 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 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. g. 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 administrative report, then first and second reading in 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. c. 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. Page 23 of 60 d.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. e. 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. f.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. g. Council may not pass a franchise ordinance at a special meeting [RCW 35A.47.040]. h 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] i. 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). j. 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 to facilitate public understanding and/or comment.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 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. Page 24 of 60 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. 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: Page 25 of 60 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. 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. Page 26 of 60 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; 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. Page 27 of 60 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." It is recognized that unexpected circumstances may arise wherein observance of the "Three Touch Principle" would be 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 28 of 60 CHAPTER 2 Legislative Process . i\ .;,_ _ . 7 _ ... , 1 % II - -_.......- Legislation - Oil 0 L Page 29 of 60 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 30 of 60 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 31 of 60 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 32 of 60 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. These agendas can also be addressed during Council's participation in the Association of Washington Cities (AWC)annual conference, and the annual National League of Cities Conference 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 to the Finance Depaitnient 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 incur City business-related travel expenditures outside a 50 mile radius unless 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. i. Meals 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. Page 33 of 60 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 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 valet services,and taxi/ride share transportation. Tips on meals are included in the per diem rates above. 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. v. A monthly mileage stipend of$25 for each Councilmember, and $50.00 for the mayor, shall be provided for local travel for City business within 15 miles from City Hall.If travel is beyond 15 miles from City Hall, mileage shall be reimbursed according to the current IRS mileage rates for traveled miles as determined by such websites as google maps, or other internet apps or mileage distance calculators,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 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 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). Page 34 of 60 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 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, 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 Page 35 of 60 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 36 of 60 CHAPTER 3 Council Contacts , � , fit • AL& 0 Ay it qr $C4 4:to 0 - 6M I V D Page 37 of 60 A. Citizen Contact/Interactions Outside of a Council Meeting 1. Mayor/Council Correspondence Councilmembers acknowledge that in the Council/Manager form of government,the Mayor is recognized by community members as a point of contact. To facilitate full communications, staff 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 should, 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 matter may be referred,with Council consensus, 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 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 should 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. See Spokane Valley Municipal Code 3.34. for policy on donations. Page 38 of 60 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 departinent directors 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 39 of 60 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 40 of 60 CHAPTER 4 COMMITTEES, BOARDS, COMMISSIONS , if - )i.,,, . Ir %IN _......00411r - 410' I ‘. 400°. Page 41 of 60 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. d. 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. e. 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. f. 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. g. 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 for a specific Council meeting, or take other appropriate action. Page 42 of 60 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 43 of 60 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 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.Agenda 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. Page 44 of 60 C. Private Committees, Commissions, and Boards The Council recognizes there are various other private boards and committees,such as Spokane Neighborhood Action Partners (SNAP), which appointments are made by their own board. These boards and committees which do not require an appointment by our Mayor, with confirmation by our Council, are nonetheless important aspects of our community and we recognize the time commitment any Councilmember may extend as a member of any of those committees and/or boards.As well,Council appreciates hearing a periodic report or update on activities and issues surrounding those boards and committees. Page 45 of 60 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 46 of 60 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. We believe that Spokane Valley should be a visionary city encouraging its citizens and their government to look to the future beyond the present generation and to bring such ideas to public discussion and to enhance a sense of community identity. Section 2. We believe that elected body decision-making is the only lawful and effective way to conduct the public's legislative business and that careful observance of a clear set of Governance Coordination rules of procedure can best enhance public participation and decision making. Section 3. We believe in the City 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. We believe in hearing the public view. We affirm that members of the public should be encouraged to speak and be heard through reasonable rules of procedure when the public business is being considered, thus giving elected officials the broadest perspectives from which to make decisions. Section 5. We believe that the City of Spokane Valley's governance should be known as"user friendly," and that governance practices and general operations should consider how citizens will be served in the most responsive,effective and courteous manner. Page 47 of 60 Section 6. We believe that the economic and commercial job base of the community should be preserved and encouraged to grow as an alternative to increasing property taxes.We believe it imperative to have an expanded and diverse economic base. Section 7. We believe that Councilmembers set the tone for civic discussion and should set an example by: (a) Setting high standards of decorum and civility. (b) Encouraging open and productive conversation amongst themselves and with the community about legislative matters. (c) Demonstrating respect for divergent points of view expressed by citizens, fellow Councilmembers and the staff. (d)Honoring each other and the public by debating issues within City Hall and the Community without casting aspersions on members of Council,the staff,or the public. (e) Accepting the principle of majority rule and working to advance the success of"corporate" decisions. Section 8. We solicit the City Manager's support in conducting the affairs of the city with due regard for: (a)Promoting mutual respect between the Citizens,City staff and the City 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 11th day of December,2007. ATTEST: /s/DIANA WILHITE Diana Wilhite,Mayor /s/CHRISTINE BAINBRIDGE Christine Bainbridge, City Clerk Approved as to form: /S/MICHAEL F. CONNELLY Office of the City Attorney Page 48 of 60 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 is provided to a Councilmember while that person is participating in business related to their position as a Councilmember. 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 49 of 60 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-Department 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) F &WS-Federal Fish&Wildlife Service Page 50 of 60 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 PW -Public Works Page 51 of 60 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 52 of 60 APPENDIX E Spokane `Valley 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 53 of 60 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 Address: Diploma or GED: [ ]yes [ ] no Trade School/College/University: Name of School Address: Diploma: [ ] yes [ ] no Degree or Certification Earned: Trade School/College/University: Name of School Address: Diploma: [ ] yes [ ] no Degree or Certification Earned: Other Certifications/Licenses: VOLUNTEER EXPERIENCE: name of social, fraternal, organizations, etc. 1. [ ] current [ ] previous 2. [ ] current [ ] previous 3. [ ] current [ ] previous 4. [ ] current [ ] previous 5. [ ] current [ ] previous LOCAL,STATE OR NATIONAL PROFESSIONAL ORGANIZATIONS,INCLUDING GOVERNMENT BOARDS, COMMITTEES,OR COMMISSIONS 1. [ ] current [ ] previous 2. [ ] current [ ] previous 3. [ ] current [ ] previous 4. [ ] current [ ] previous 5. [ ] current [ ] previous 1.Are you a registered voter in the City of Spokane Valley? Yes [ ] No [ ] 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 [ ] Page 54 of 60 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 55 of 60 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 56 of 60 APPENDIX F Spokane Valley 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 Transfer to Councilmember's name Councilmember's name Account number Amount Account number Amount Signature Date Signature Date Page 57 of 60 Appendix G: Definitions Action: All transactions of a governing body's individual's spouse or domestic partner and the business, including receipt of public testimony, spouse or the domestic partner of any such person deliberations,discussions,considerations,reviews, (RCW 42.17A.005(24)). and evaluations, as well as "final" action. [RCW 42.30.010,42.30.020(3)]. Motion: An enacted motion is a form of action taken by the Council to direct that a specific action Codified: The process of forming a legal code(i.e., be taken on behalf of the municipality. Once a municipal code or book of laws)by collecting and approved and entered into the record, is the including the laws of a jurisdiction or municipality. equivalent of a resolution in those instances where a resolution is not required by law,and where such Consensus: A collective judgment or belief; motion is not in conflict with existing state or solidarity of opinion: "The consensus of the group federal statutes,City ordinances or resolutions. was that they should meet twice a month. General agreement or harmony. [Random House Webster's Ordinance: An enacted ordinance is a law passed College Dictionary, April 2001] [Wikipedia: [enacted] by a municipal organization legislatively explains it as a group decision making process, or prescribing specific rules of organization or Does anyone object?] It is not unanimity,but more conduct relating to the corporate affairs of the a process for deciding what is best overall. municipality and those citizens and businesses Members of the group reach a decision to which therein. Council action shall be taken by ordinance they consent because they know it is the best one when required by law,or where prescribed conduct overall. It differs from voting which is a procedure may be enforced by penalty. Special ordinances for tallying preferences. It does not require each such as adopting the budget, vacating a street, member of the group to justify their feelings. amending the Comprehensive Plan and/or Map, [Taken from: Consensus Is Not Unanimity:Making and placing a matter on an election ballot, Decisions Cooperatively, by Randy Schutt. 'J including general obligation bonds, are not Similar to a type of verbal"show of hands"on who codified into the City's municipal code. feels particularly strong on this?" Sometimes thought of as preliminary approval without taking Resolution: An enacted resolution is an final "action." A show of hands is not an action administrative act which is a formal statement of that has any legal effect. ["Voting and Taking policy concerning matters of special or temporary Action in Closed Sessions"by Frayda Bulestein.] character. Council action shall be taken by resolution when required by law and in those Ex-parte: from a one-sided or partisan point of instances where an expression of policy more view;on the application of one party alone.An ex- formal than a motion is desired. parte judicial proceeding is conducted for the benefit of only one party. Ex-parte may also Regular Meeting: Any Council meeting that describe contact with a person represented by an meets in the Spokane Valley City Council attorney,outside the presence of the attorney. Chambers on Tuesday at 6:00 p.m. shall be deemed a"regular meeting." Immediate Family: includes a spouse or domestic partner, dependent children, and other dependent Social Media: A term used to define the various relatives, if living in the household. For the activities that integrate technology, social purposes of the definition of"intermediary" in this interaction and content creation. Through social section, "immediate family" means an individual's media, individuals or collaborations of individuals spouse or domestic partner, child, stepchild, create on-line web content, organize content, edit grandchild, parent, stepparent, grandparent, or comment on content,combine content,and share brother, half brother, sister, or half-sister of the content. Includes many technologies and forms individual and the spouse or the domestic partner including syndicated web feeds, weblogs (blogs), of any such person and a child, stepchild, wiki, photo-sharing, video-sharing, podcasts, and grandchild, parent, stepparent, grandparent, social networking.(From MRSC,and Social Media brother, half-brother, sister, or half-sister of the and Web 2.0 in Government,WebContent.gov) Page 58 of 60 INDEX Finance Committee•44 Finance Department•34 A fiscal restraint•26 flip of a coin•31 Absences•16 Acceptance of Gifts: •49 ad hoc committees•45 Advance Agenda• 14,19 affirmative motion •19 hearings•26 amended agenda•8,9,11,13 holiday•8 applause•15,27 applications•27,32,33 attendance•40 8 impractical•13,14,29 informal contacts•41 Internet•16,17,18 ballot•15,31,33,36,37,58 bias•22,23 budget amendment•22,24 L C leave of absence•16,17 Cancellation of Meetings: •14 M candidate•12,33 City Manager•3,6,8,9,10,12,13,14,16,18,19,22,23,24, majority of the whole•22,24 26,28,31,33,39,40,45,47,48,50 Majority Plus One•22,24 coin flip•34 majority vote•6,8,10,16,19,21,24,28,31,43,44 Community Recognition Program•25 maker of the motion•19,20,21 complaint•39 misleading•10 Confidential material•18 Conflict of interest•22 Core Beliefs•3,4 N D nomination •31,32,33 notice•8,13,16,28,36,48,61 dais•10,18,28,32 deadline•32 O Demonstration•15 disruptive•15,17,27 Open Public Meetings Act•5,8,10,11,18,39,53,61 out of order•15,18,21,27 E Outside Requests•10 election •31,32,33,36,58 P electronic message•16,18 e-mail•15,18,36 emergency•9,11,13,18,22,24,28,61 parliamentarian 16 Emergency•2,14,18,50,51,61 podium 9,15,18,26,27 ethical 49 Pre-Agenda•2,14 executive session•11,12,32,33,45 presentations 8,10,15,27 executive sessions•11,12,28 prevailing side 27,28 Public Comment•37 public comments•9,14,15,19,26,27 F Public Records Act:•5 Filling a Council Vacancy•32 Page 59 of 60 Table•2,21 tax•26,44 telephone•17,39 qualifications•12,32 three minutes•14,19,27 quasi-judicial •15,28,46,47 Three Touch•23,28,29 quorum•5,6,16,22,61 Three-Touch•9,11 tie•22,31,33 travel•34 R rearrange•8,11 (J recommended appointment•43 reconsideration •27,28 unexcused absence• 16,44 recuse•22,23 Unexpected Motions•10 Remote•2,17 unusual circumstances•23,29 Removal•43,44 Request for Council Action•28 V vacancy•31,32,33,45 video•17,40,58 seats•16 vote to extend the meeting•10,11 social media•39,58 speak twice•20 special meeting•11,13,14,24,32 surprise•10 surprises•10,20,28 waived•8,22,24 withdraw the motion•21 T written comments•15,27 table•21,27 Page 60 of 60 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 22,2022 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 - 2023 Annual Comprehensive Plan Amendment (CPA) Docket GOVERNING LEGISLATION: The Growth Management Act (GMA)RCW 36.70A; SVMC Chapters 19.30 and 17.80 PREVIOUS ACTION TAKEN: Administrative Report to Council November 15,2022 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. Staff discussed the 2023 CPA Docket at the November 15, 2022, City Council meeting, and advised the Council that they may remove individual items from the Docket prior to approving. At the November 15, 2022,City Council meeting,the City Council directed staff to proceed with the Docket.After the November 15, 2022, Council meeting, staff learned that Spokane County would like to retain the zoning of Parcel 46355.9038. Staff has removed the parcel from the Docket to reflect the request. Items included in the Docket must be considered by Council concurrently so the cumulative effect of the amendments can be determined. All considered amendments will be thoroughly analyzed using the criteria set forth in SVMC 17.80.140. This analysis will be compiled in a staff report for the Planning Commission to formulate their recommendation to Council. The Planning Commission will also hold a public hearing to allow for public comment on the proposed amendments. Council will take the final action to approve, deny or modify the proposed amendments. Items included in the Docket will be considered for amendments to the Comprehensive Plan for 2023. OPTIONS: Approve the 2023 Comprehensive Plan Amendment Docket as presented, or with item(s) removed; or take other action as appropriate. RECOMMENDED ACTION OR MOTION: Move to approve the 2023 Comprehensive Plan Amendment Docket as proposed.. BUDGET/FINANCIAL IMPACTS:N/A STAFF CONTACT: Chaz Bates,Planning Manager ATTACHMENTS: 2023 Comprehensive Plan Docket 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 and 46355.9151 (23.86 Acres) from Single Family Residential and Neighborhood Commercial to Parks and Open Space. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 22, 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 - 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. Administrative report on November 15, 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 presentation is a motion consideration asking Council to authorize and approve the renewal and adopt the amended interlocal agreement. City staff have successfully completed negotiations with Spokane County and the Sheriffs Office based on Council input and recommendations. 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. If Council approval is not provided by the end of the term in 2027, the termination provision will automatically be applied. Page 2 of 3 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. OPTIONS: Adopt amended agreement and approve renewal; or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to authorize and approve renewal of the Interlocal Agreement for Law Enforcement Services, and authorize the City Manager to finalize and execute the amended Interlocal Agreement for Law Enforcement Services in substantially the form provided. 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: Draft Amended Law Enforcement Interlocal Agreement, clean and redline. Page 3 of 3 INTERLOCAL AGREEMENT FOR LAW ENFORCEMENT SERVICES AS PROVIDED BY THE SPOKANE COUNTY SHERIFF'S OFFICE TO THE CITY OF SPOKANE VALLEY THIS AGREEMENT (the "Agreement") made and entered into among Spokane County, a political subdivision of the state of Washington,having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "COUNTY", the Spokane County Sheriff, a separate elected official of Spokane County having offices for the transaction of business at 1100 West Mallon Avenue, Spokane,Washington 99260,hereinafter referred to as"SHERIFF", and the City of Spokane Valley, a municipal corporation of the state of Washington,having offices for the transaction of business at 10210 East Sprague Avenue, Spokane Valley, Washington 99206, hereinafter referred to as "CITY,"jointly hereinafter referred to as the "Parties" and individually referred to as a"Party". COUNTY, SHERIFF,and CITY agree as follows: SECTION NO. 1: RECITALS AND FINDINGS 1.1 Pursuant to the provisions of the Revised Code of Washington ("RCW") 36.32.120(6), the Board of County Commissioners of Spokane County, acting on behalf of Spokane County, has the care of County property and the management of County funds and business. 1.2 Pursuant to the provisions of chapter 39.34 RCW ("Interlocal Cooperation Act"), public agencies may contract with each other to perform certain functions which each may legally perform. 1.3 Pursuant to the provisions of chapter 36.28 RCW,the Spokane County Sheriff is the Chief Law Enforcement Officer and Conservator of the Peace of Spokane County. 1.4 The City of Spokane Valley desires to utilize the services of the Spokane County Sheriff's Office to provide law enforcement services as identified in Exhibit "1", which is attached hereto and herein incorporated by this reference. 1.5 The direct and indirect costs for law enforcement services will be set forth in the Law Enforcement Cost Allocation Plan ("LECAP"), described in Section 6 and incorporated herein by this reference. 1.6 The Parties, in providing these law enforcement services, seek to make the CITY a crime- free city. SECTION NO. 2: DEFINITIONS Page 1 of 29 2.1 Agreement: "Agreement" means this Interlocal Agreement among Sheriff, City, and County regarding the provision of law enforcement services. 2.2 City: "CITY"means the City of Spokane Valley. 2.3 County: "COUNTY"means Spokane County. 2.4 Dedicated CITY Officers: "Dedicated CITY Officers" means those commissioned officers (SHERIFF Deputies) listed in Exhibit "3" that are 100% dedicated to providing service to the CITY and who work under the supervision of the CITY Police Chief. 2.5 Services: "Services"means those services identified in Exhibit"1". 2.6 Sheriff: "SHERIFF"means the duly elected sheriff of Spokane County possessing those general duties set forth in chapter 36.28 RCW. 2.7 Uncontrollable Circumstances: "Uncontrollable Circumstances" means the following events: riots, wars, civil disturbances, insurrections, acts of terrorism, external fires and floods, volcanic eruptions, lightning or earthquakes at or near where the Services are performed and/or that directly affect providing of such Services. SECTION NO. 3: PURPOSE The purpose of this Agreement is to reduce to writing the Parties' understanding as to the terms and conditions under which SHERIFF will provide Services to CITY. The Services will be consistent with the City's council/manager form of management pursuant to chapter 35A.13 RCW. SECTION NO. 4: DURATION AND TERMINATION 4.1 Initial Term and Renewal. The initial term of this Agreement shall commence as of 12:01 A.M. on the date of execution, and run through midnight, December 31, 2022, for all provisions except for the cost methodology, which shall be implemented beginning on January 1, 2018. The first renewal of this Agreement shall commence as of 12:01 A.M. on January 1, 2023, and run through midnight, December 31, 2027. Thereafter, this Agreement shall automatically renew for five-year time frames, unless the termination process outlined herein is invoked. The Automatic renewal shall not occur unless the CITY provides notice to the COUNTY that the City Council has authorized the renewal. If the City Council does not affirmatively authorize renewal of the Agreement or the City fails to timely provide notice of such renewal, the Agreement shall be terminated subject to the provisions of Sections 4.2 through 4.6. In that event, the termination period shall be deemed to commence on the January 1 following the end of the relevant contract period. 4.2 Process for Termination. This Agreement may be terminated by any Party by providing written notice after December 31, 2025, to all other Parties. COUNTY shall consult with SHERIFF prior to providing written notice of termination under this subsection. SHERIFF Page 2 of 29 shall consult with COUNTY prior to providing written notice of termination under this subsection. This termination shall be effective (24) twenty-four months after written notice is provided as long as such written notice is provided prior to midnight, December 31, 2027. The same time intervals for terminations shall apply to future terms if the termination process is not invoked during the initial contract period. 4.3 Implementation of Termination. When notice of termination is given, SHERIFF and CITY agree to jointly prepare a Transition Plan and complete said Transition Plan by a mutually agreed date. 4.3.1 Transition Plan. The Transition Plan shall identify and address, among other items (i) personnel issues; (ii) workload; (iii) ongoing case assignments; and (iv) the transfer of records. If the SHERIFF and CITY cannot mutually agree to the terms of the Transition Plan, either Party can request arbitration as provided in Section No. 18. SHERIFF and CITY shall equally share the cost of said arbitration. 4.3.2 Implementation of Transition Plan. Parties agree to use all best efforts to create and effectuate a mutual implementation of the Transition Plan. 4.4 Termination of the Agreement-Vehicles and Equipment. At the termination of this Agreement, CITY shall have the option to purchase, subject to agreement of SHERIFF and COUNTY, COUNTY-owned vehicles and/or equipment used to provide Services. Ownership of dedicated vehicles that have been fully paid for solely by CITY shall be transferred to CITY without cost if City choses to exercise this option. 4.5 Waiver of Statutory Terms. To the extent that it is applicable to law enforcement Services, the Parties hereby waive the statutory termination rights of RCW 39.34.180(3) and elect instead to follow these contractual termination procedures as the sole method of terminating this Agreement, the terms of which are detailed in this section. 4.6 Termination of the Agreement and Settle and Adjust. The Parties recognize that Costs for Services under the Agreement are calculated utilizing the LECAP. Charges for the current year are based on estimated costs and are subject to a settle and adjust reconciliation to actual costs after the year is complete. As such, in the event this Agreement is terminated as provided for in Subsection 4.2 hereinabove, the Agreement will be subject to a settle and adjust for any years that have not yet been reconciled. In the event of termination, the Parties shall follow the process set forth in Section No. 6 to determine the settle and adjust as well as the process to object to the final adjustment(s) as set forth in Subsection 6.4 set forth hereinafter. SECTION NO. 5: SERVICES 5.1 Services Provided and Service Levels. The SHERIFF shall provide those Services set forth in Exhibit "1", attached hereto and incorporated herein by this reference. These Services shall only be changed by mutual written agreement of Parties. Page 3 of 29 5.1.1 Dedicated CITY Officers. CITY may unilaterally adjust the number of Dedicated CITY Officers set forth in Exhibit "3" only after meaningful prior consultation between the SHERIFF and the CITY. Written notice of such an adjustment shall be provided by CITY to COUNTY and SHERIFF. The Police Chief shall have the ability to move Dedicated CITY Officers to different service units or convert to a shared resource on a temporary basis, not to exceed ninety (90) days, to meet current workload demands, with notification to the City Manager. Moves that exceed ninety (90) days must be approved by the City Manager and be accompanied by a demonstrated need. A change from a dedicated resource to a shared resource shall be communicated to the County Budget Office and, if necessary, an adjustment will be made to the final LECAP to equitably distribute costs to all users of the resource and remove those costs from the CITY dedicated costs for the time period matching the move or change. CITY patrol staffing shall be maintained at a level that allows for a minimum of one patrol officer per patrol district per shift. SHERIFF shall provide a quarterly list of commissioned officer positions for the entire Sheriff's Office, showing, at a minimum, filled positions, unfilled positions, and designating whether any filled position is in training. The SHERIFF, Police Chief, and City Manager may mutually agree upon other content, as applicable. 5.1.2 Shared Services. SHERIFF shall provide shared Services listed in Exhibit "1" to CITY. SHERIFF shall ensure that shared service units work with the Police Chief and Assistant Police Chief to provide case updates, information, and data as requested. SHERIFF shall have the ability to make permanent adjustments to the number of commissioned officers providing Services listed under shared units in Exhibit "4" after thirty (30) days advanced notice is provided to the CITY and accompanied with a cost impact estimate and service level impact estimate. Any adjustments made to the number of commissioned officers between units or change to the rank of those officers serving in shared units shall be accompanied by a cost and service level impact statement provided to the CITY thirty (30) days in advance of said adjustment. The SHERIFF'S ability to temporarily shift, adjust, or modify numbers of shared personnel to meet emerging needs shall not be limited. Temporary shifts or adjustments to the number of commissioned officers shall be accompanied by a written notice explaining the reason for the shift or adjustment, identifying the personnel shifted, estimating the impact to the unit losing officers, estimating any associated overtime, and estimating the length the temporary adjustment will last. Quarterly updates shall be provided as long as the temporary shift or adjustment continues. Any adjustments in Services under this section shall only be operative after relevant notice and impact bargaining negotiations for reductions in force are satisfied with the relevant collective bargaining units but in no event shall the delay in implementation exceed sixty (60) days after the SHERIFF has satisfied his good Page 4 of 29 faith bargaining obligations pursuant to chapter 41.46 RCW for reductions. Additions will be filled in sixty (60) days unless staffing shortages delay implementation, in which case, SHERIFF shall provide to CITY an estimated time to fill new positions added by CITY, and will continue to provide quarterly updates until the positions are filled. Any permanent adjustments that take place under this section after the original cost estimate has been prepared shall result in the COUNTY recalculating the annual cost estimate and then adjusting the remaining monthly payments unless otherwise mutually agreed upon by the SHERIFF and City Manager. Notwithstanding the above, SHERIFF'S ability to fulfill his statutory obligation to provide law enforcement Services to COUNTY and CITY shall not be limited. 5.1.3 Civilian Positions. SHERIFF shall provide an annual list and organizational chart of all civilian positions within the Sheriffs Office. SHERIFF shall notify CITY of any changes to the civilian positions accompanied by any cost and service level impacts. The City Manager and Police Chief may jointly agree for CITY to pay a greater cost share of a civilian position based upon a jointly agreed to amount of work provided to the CITY. 5.2 Periodic Reporting Requirements. SHERIFF shall provide to CITY quarterly reports, within thirty (30) days from the end of each quarter, that identify statistics used to calculate CITY'S cost in the LECAP referenced in Section No. 6 below. Those statistics which are only available to COUNTY on an annual basis shall be provided annually within thirty (30) days of the end of each calendar year unless the statistics are provided by an outside agency, in which case they shall be provided within fifteen (15) days after they are provided to COUNTY. These reports will allow CITY to monitor service consumption and cost accrual throughout the year. 5.2.1 Performance Measures and Workload Indicators. Available data for the indicators and measures listed in Exhibit"2" shall be provided by SHERIFF to CITY on a quarterly basis subject to availability of data, unless otherwise mutually agreed upon by SHERIFF and the City Manager. The indicators and measures shall be modified jointly by the City Manager and SHERIFF as needed to provide the most accurate assessment of the Services provided to CITY. Goals for each performance measure shall be established by the City Manager and the Police Chief. SHERIFF and CITY shall work together jointly to provide the necessary support and resources to achieve established goals. Failure to meet established goals on a quarterly basis shall result in progress reports provided by the Police Chief to the City Manager. The reports shall indicate the causes of the deficiencies and provide responsive action taken or recommendations by the Police Chief to correct the deficiencies as well as progress made toward achieving the goals. The progress reports shall continue until the deficiency has been corrected. Page 5 of 29 SECTION NO. 6: COST OF SERVICES 6.1 Cost Methodology. CITY costs will be determined by utilizing the LECAP. The LECAP will allocate costs through a combination of direct dedicated CITY officer costs; and shared and indirect costs allocated through mutually agreed upon allocation bases. Salary and Benefits for Dedicated CITY Officers will be segregated into separate budget units and costs will be tracked separately. The allocation bases will be reviewed by the COUNTY and CITY, as needed. Any changes to the allocation bases will be made by staff of the CITY and COUNTY and mutually agreed upon by the SHERIFF, COUNTY, and the City Manager. Parties will strive to implement fair allocation bases for all services delivered, including consideration of services provided to outside agencies and jurisdictions. Indirect costs will be applied from the Countywide Cost Allocation Plan,the COCAP. The COCAP will be prepared in accordance with OMB U.S. Office of Management and Budget Circular 2 CFR 200. The CITY shall not be charged for costs unrelated to the provision of CITY law enforcement Services in the current year, including but not limited to, costs for tax assessor and treasurer tax collections. CITY shall receive a credit for COCAP building charges and associated maintenance and utility costs, in recognition of CITY-owned facilities (precinct/garage). CITY shall also receive a credit for Services paid through other revenue sources and Services that have been pre-paid by CITY. 6.2 Estimated Costs. The LECAP will be used to estimate CITY cost for Services for a contract year based upon the contract year's budget. Estimated indirect costs will be calculated by applying an indirect rate derived from actual indirect costs from the most recently completed year. CITY shall have thirty (30) days to review the estimated costs and ask questions. The Parties may mutually agree to an adjustment to the estimate due to vacancies or other related circumstances. Should the estimate not be provided or not be finalized by the time the invoices for a new contract year are due, CITY will continue to pay at the previous year's monthly rate until the estimate is finalized. If the CITY has paid one or more months at the previous year's rates,the COUNTY will calculate the difference between the previous year's rates and the current year's monthly estimate for those months and add the difference to the first monthly payment at the current year's estimate. COUNTY shall notify CITY of any budget amendments, or budget change requests that may increase CITY'S law enforcement costs by more than $200,000.00 USD. Estimated costs paid by CITY for specific items such as dedicated patrol salary shall not be diverted to other expenses without prior authorization by the City. CITY will work with Police Chief and Assistant Police Chief to process such requests expeditiously. Page 6 of 29 This section shall not diminish the SHERIFF'S state constitutional and statutory law enforcement powers pursuant to chapter 36.28 RCW,nor his ability to expediently respond to emergencies. 6.3 Settle and Adjust. The LECAP will be used to calculate the actual CITY cost for the contract year based upon the contract year's actual expenses. After calculating the CITY'S actual costs for a contract year, any overage or underage from the estimated billed amount will be applied to the next invoice. Should the contract no longer be in effect, payment by either Party will be due within thirty (30) days of agreement of the final amount. COUNTY shall provide CITY with the actual cost calculations for the contract year in writing via the LECAP no later than September 30th of any calendar year for the preceding year's costs. CITY will have thirty (30) calendar days from its receipt of the LECAP to provide COUNTY with any written objections to the amounts set forth therein. COUNTY agrees to consider all written objections received from CITY and reply to CITY no later than fifteen (15) calendar days of receipt of CITY'S objections. In the event the Parties cannot mutually resolve any written objection(s) submitted by CITY within an additional fifteen(15) calendar day time frame, or such other time frame as the Parties may mutually agree to, the objections shall be resolved pursuant to the Dispute Resolution provisions set forth in Section No. 18. 6.4 Retroactive Salary Adjustments. The Police Chief shall inform the CITY of the commencement and settlement of applicable collective bargaining agreements, as well as inform CITY of the status of any pending negotiations as to tentative agreements. Should any applicable bargaining agreement not be settled in time to include any salary adjustments granted commissioned deputies under any collective bargaining agreement in the cost estimate for a given year, and that collective bargaining agreement is settled, and the settlement contains a retroactive salary adjustment, COUNTY shall bill CITY for the full amount of CITY'S portion of the retroactive payment. CITY shall be responsible for paying COUNTY within thirty(30)days of the billing date. Additionally,COUNTY may recalculate the estimated Interlocal Agreement amount employing the cost of living or wage increase(s) granted commissioned deputies under any collective bargaining agreement and adjust the remaining monthly payments. 6.5 Capital Purchases. Capital equipment deemed necessary and prudent for all commissioned officers, excluding vehicles, with a cost greater than $50,000.00 USD, may be billed to CITY at the time of purchase contingent upon CITY's prior authorization. CITY will be billed according to its proportionate share. COUNTY will bill CITY for this cost at the time of the purchase and payment shall be due from CITY within thirty (30) days of the billing date. As part of the settle and adjust reconciliation, COUNTY will give CITY credit for the full amount paid for capital equipment in that year. The Parties may also jointly agree to apply this language to capital purchases of any amount on a case-by- case basis. All capital items purchased solely by COUNTY shall be the property of COUNTY. All items purchased solely by CITY will become the property of CITY. Capital items shall not be purchased jointly under this Agreement, by both County and City, unless otherwise Page 7 of 29 agreed to in writing and executed in the same formality as this Agreement. Capital items that have been purchased with grant funds by either CITY or COUNTY, or other funding sources, and capital items that are not utilized in providing law enforcement Services to CITY, will not be charged to CITY. All capital items that are utilized in providing law enforcement Services to CITY, and which are not immediately billed to CITY according to the terms stated in this section, and that were not purchased with other funding sources, will be incorporated as fixed assets in the (COCAP) and reimbursed through depreciation. COUNTY shall provide an annual list of assets to CITY, identifying all SHERIFF assets and segregating those assets paid for by CITY. The asset list shall accompany estimated and actual LECAPs provided to the CITY. County shall consult with CITY prior to committing to capital purchases relating to this Agreement exceeding $200,000.00 USD. Typical recurring expenses such as vehicles are exempt from this requirement. Beginning in 2022, CITY will be billed for the entire cost of dedicated vehicles in the year the vehicles were purchased and received. Vehicles purchased prior to 2022 will continue to be billed through depreciation in the COCAP. Orders related to CITY dedicated vehicles and the subsequent disposition of those vehicles shall require prior written approval by CITY. Shared vehicles will typically be supplied through the equitable transfer of vehicles from dedicated units from CITY and COUNTY once the dedicated vehicles are replaced by new vehicles. In some cases, new vehicles may need to be purchased for shared units; efforts will be made to utilize existing revenue sources but if these sources are not available the COUNTY will purchase the vehicles and depreciate the CITY'S share of costs according to current allocation bases. Additionally, salvage value received through the sale of CITY dedicated vehicles will be placed into a combined CITY/COUNTY reserve to be used to replace wrecked vehicles, purchase atypical needs such as transport trailers, and purchase specialty vehicles as funds allow. Use of the CITY/COUNTY reserve funds shall require prior written approval from the SHERIFF and CITY, which shall not be unreasonably withheld. 6.6 Billing Procedure. COUNTY shall issue a bill to CITY for one-twelfth of calculated estimated contract amount during the first week of each calendar month. The COUNTY and City Manager shall mutually agree to the designated billing method and address in writing. In the event the Parties haven't agreed to a billing method, the COUNTY may send bills to the persons and addresses in Section 20—Notices. Regular monthly payments by CITY shall be due by the end of the month in which they are billed. In the event that the bill is issued at any time after the first week, as required by this Section, the City shall have thirty days (30) days from the date of issuance to process the payment. 6.7 Penalty. At the sole option of COUNTY, a penalty may be assessed on any late payment owed by CITY in an amount equal to lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool. Page 8 of 29 Any resolution of a disputed amount through use of the arbitration process identified in Section No. 18 shall include at the request of any Party, a determination of whether interest is appropriate, including the amount. SECTION NO. 7: MUNICIPAL POLICE AUTHORITY CITY shall retain all police powers,and,by virtue of this Agreement,CITY confers municipal police authority on the SHERIFF. SECTION NO. 8: OFFICER ASSIGNMENT, RETENTION, DISCIPLINE AND HIRING COUNTY is acting hereunder as an independent contractor as to: 8.1 Hiring. The SHERIFF shall hire, assign, retain and discipline all employees according to applicable collective bargaining agreements, civil service rules, and state and federal laws. 8.2 Standards of Performance Governed by the SHERIFF. Control of personnel, standards of performance, discipline and all other aspects of performance shall be governed by the SHERIFF. Provided,however that only qualified,trained personnel meeting all of the requirements of applicable state laws or regulations shall be utilized in the performance of Services provided hereunder. 8.3 Assignment of Dedicated CITY Officers. SHERIFF or his designee and Police Chief shall work together to determine the personnel assigned to fill Dedicated CITY Officer positions. SHERIFF and CITY shall work together to encourage Dedicated CITY Officer retention and fill open positions to provide continuity of the Services provided hereunder. SHERIFF or his designee and the City Manager shall discuss anticipated openings due to retirements and transfers to other agencies and jointly determine how to best prepare to fill those vacancies. SHERIFF or his designee and the City Manager shall jointly discuss and work diligently to fill any vacancies in a manner that is reasonable and fair to each Party. All actions taken to filling vacant positions shall be subject to applicable collective bargaining requirements. 8.4 Patrol Districts. Patrol districts for the CITY are established in Exhibit"5". The patrol districts will coincide within CITY limits.A patrol district is a geographical area of a size and configuration designed to minimize response times to citizen's calls for Services. Response is typically measured from the time a call is received to the time the unit arrives on the scene. If the boundary of the CITY limits change, the SHERIFF will work together with the City Manager and the Police Chief to determine if a change to the number of patrol districts is necessary. The Police Chief will also periodically evaluate the calls for Service and other impacts to response times and make recommendations to the City Manager, if necessary, regarding changes to patrol districts. All changes to the number of patrol districts in CITY shall be authorized by the Council and SHERIFF. Page 9 of 29 8.5 Dedicated CITY Units and Officers, Mutual Aid. SHERIFF recognizes that he is providing sworn police Services dedicated to CITY. Dedicated CITY Service units, established in Exhibit "1", and the Dedicated CITY Officers, established in Exhibit "3", shall work under the supervision of the Police Chief and be located at the CITY Precinct Building except the Domestic Violence Detective who works in a shared unit under the Shared Investigative Lieutenant. Dedicated CITY Officers shall be provided in the number of officers shown in Exhibit "3". Service units identified as "Shared Resources" in Exhibit"4"shall be shared between the CITY and COUNTY and costs shall be allocated according to bases mutually agreed upon by the Parties or their designated staff 8.5.1 Mutual Aid. Dedicated CITY Officers shall provide mutual aid to other local law enforcement agencies, when possible, for emergency requests. Additionally, Dedicated CITY Officers and COUNTY Officers shall continue to assist each other and work together, sharing information and resources when mutually beneficial. Dedicated CITY Officers may be assigned to regional task force units and directed by the Police Chief to assist with investigations outside of the CITY limits for cases that have a regional impact and benefit the CITY as well as other local jurisdictions. This section shall not diminish the SHERIFF'S State Constitutional and statutory law enforcement powers pursuant to chapter 36.28 RCW, nor his ultimate authority over all SHERIFF'S Office employees. SECTION NO. 9: CITY POLICE CHIEF AND ASSISTANT POLICE CHIEF SELECTION, REMOVAL AND DUTIES, AS WELL AS CITY MANAGER'S AND SHERIFF'S RESPONSIBILITIES THERETO 9.1 Selection of Police Chief or Assistant Police Chief. When, for any reason, there occurs a vacancy in the position of Police Chief or Assistant Police Chief, the SHERIFF shall designate three or more SHERIFF Deputies of the rank of Lieutenant or higher, or as otherwise agreed by the parties, as candidates for each of the positions of Police Chief or Assistant Police Chief. The positions of Police Chief or Assistant Police Chief shall be appointed from said lists of qualified candidates by the City Manager. 9.2 Removal of Police Chief or Assistant Police Chief. 9.2.1 Removal by SHERIFF. The SHERIFF may remove the Police Chief or Assistant Police Chief, for just cause, at any time after consultation with the City Manager. The City Manager shall provide a formal response in writing within thirty (30) days of the first consultation which specifies agreement or acceptance of the decision or disagreement with the decision. 9.2.2 Removal by City Manager. The SHERIFF shall remove the Police Chief or Assistant Police Chief at any time after the written request and consultation of the City Manager. Page 10 of 29 9.2.3 Reduction of Assistant Police Chief's Rank Due to Economic Conditions. A reduction in SHERIFF'S Office Civil Service Rank due to economic necessity shall not be the sole basis for the removal of the appointed Assistant Police Chief by either the City Manager or the SHERIFF. 9.3 Duties of Police Chief. The Police Chief shall report to the City Manager or his/her designee and to the existing command structure within SHERIFF'S Office. The duties of the Police Chief shall include: 9.3.1 Working with the City Manager or his/her designee to establish goals, objectives and performance measures for CITY police Services which reflect specific needs within CITY; 9.3.2 Coordinating police activities within CITY, including hours of operation and CITY-specific protocols and procedures, attending meetings and providing reports as requested by the City Manager and such other duties common to a city police chief including enforcement of CITY codes and ordinances; 9.3.3 Reviewing the performance of all Dedicated CITY Officers. Reporting to City Manager or his/her designee and SHERIFF any serious recommendations for performance improvement; 9.3.4 Identify duties of all Dedicated CITY Officers as specific needs arise or as requested by the City Manager or his/her designee within the context of established policies and procedures. Reporting to SHERIFF any changes in duty of Dedicated CITY Officers; 9.3.5 Overseeing implementation within CITY of all SHERIFF policies and procedures. Maintaining a copy of SHERIFF procedures on file at City Hall for CITY'S reference. SHERIFF shall be notified of any public record requests to view or obtain a copy of the policies and procedures on file; 9.3.6 Notifying and providing electronic access to the City Manager or his/her designee of any change in SHERIFF procedures or policies, or resource as permitted by this Agreement; 9.3.7 Identifying areas of supplemental training for Dedicated CITY Officers. Making recommendations to SHERIFF for supplemental training. Making recommendations to the City Manager or his/her designee for training not provided by SHERIFF; 9.3.8 Providing supervision and direction to all Dedicated CITY Officers as well as other assigned personnel, and acting as liaison with SHERIFF Command Staff; 9.3.9 Maintaining communication between the City Manager and SHERIFF command structures to ensure that changes in SHERIFF policies are agreeable to CITY and that Page 11 of 29 change in CITY policies are agreeable to SHERIFF. In the event a CITY procedure, policy, goal or operation differs from the SHERIFF'S, City Manager or his/her designee, SHERIFF and COUNTY shall meet and mutually determine which policy will prevail; 9.3.10 Notifying the SHERIFF and City Manager or his/her designee of any significant criminal occurrence or civil emergency within CITY or region that would impact the public safety or operations of CITY, and 9.3.11 Coordinating with City Manager regarding maintenance and capital improvement needs of the CITY Precinct Building. 9.4 Duties of the Assistant Police Chief. Assistant Police Chief shall act as Police Chief in his/her absence and under the Police Chief as CITY Police DepaItiuent's primary administrative assistant, and also work with CITY staff to provide data as requested and complete information required for CITY planning documents. 9.5 Duties of the City Manager. The City Manager or his/her designee shall have the responsibility of providing general direction and supervision to the assigned Police Chief relative to the furnishing of law enforcement Services to CITY as set forth in chapter 35A.13 RCW and the terms of this Agreement. 9.6 Duties of the SHERIFF. The SHERIFF or his/her designee shall make regular visits to the CITY Precinct Building and ensure that SHERIFF policies and procedures are being followed and that law enforcement Service is provided to CITY according to the terms of this Agreement and according to the standards of the SHERIFF. At the request of the City Manager, SHERIFF or his/her designee will make presentations to the Council and appearances at CITY functions as his/her schedule permits. 9.7 Quarterly Meetings-Sheriff and City Manager. The SHERIFF and the City Manager shall meet on a quarterly basis to ensure regular communication and to seek joint consideration of all matters of concern regarding this Agreement. Any Party may invite representatives from their respective organizations to attend. It is intended that the Parties in these meetings review the Interlocal Agreement and discuss matters of mutual interest; monitor cost trends, work jointly on potential cost savings, revenue sources and other budgetary matters that may impact Service levels; seek long-term sustainability of contract terms; consider changes in labor contracts, review allocation of resources or other items that may impact either party. The dates of these meetings will be determined by mutual agreement and should coincide with the budget cycles of each party. 9.8 Quarterly Meeting—Financial and Contract Administration Representatives. At the request of CITY, COUNTY, SHERIFF, or Police Chief,respective representatives shall meet to discuss potential changes to the COCAP, the LECAP, or other items that may impact the CITY'S law enforcement costs or Service levels. If possible, CITY shall be notified of such changes prior to implementation, allowing CITY an opportunity to comment. Page 12 of 29 9.9 Annual Strategic Planning Session. The City Manager shall designate one or more CITY employees to attend the annual SHERIFF strategic planning session(s). If a CITY employee is unable to attend the City Manager will provide relevant information to the Police Chief in advance of the meeting and the City Manager and Police Chief shall have a follow-up meeting to discuss the results of the planning session. SECTION NO. 10: OBSERVATION OF LABOR NEGOTIATIONS CITY may participate with other cities that contract with COUNTY for law enforcement Services to select no more than two (2) representatives from the contracting cities to observe labor negotiations between COUNTY, SHERIFF, and the collective bargaining units representing the employees of the SHERIFF, provided that such observers adhere to rules established by COUNTY, the SHERIFF, and the bargaining units for the negotiations. SECTION NO. 11: PROPERTY, EQUIPMENT AND TRAINING 11.1 Ownership of Property and Equipment. The ownership of all property and equipment utilized in association with either SHERIFF or CITY meeting their responsibilities under the terms of this Agreement, shall remain with the original owner at all times to include termination, unless otherwise specifically and mutually agreed upon in writing by the Parties to this Agreement. 11.2 Stationery, Notices and Forms. CITY shall supply at its own cost and expense any special supplies, logos or patches, stationery,notices, forms where such must be issued in the name of CITY. 11.3 Additional Technology. CITY desires to maintain a police force that is trained and equipped with the latest technology. SHERIFF agrees to provide police service personnel providing Services under this Agreement that are trained and equipped with such technology as is customarily provided to deputies providing law enforcement Services in the unincorporated areas of the County. Any technology not currently in use or not customarily provided to patrol deputies, may be requested by CITY or SHERIFF. Parties agree to meet and confer over the need for the acquisition, training, or use of new technology with the final decision regarding the acquisition and use of new technology resting solely with the SHERIFF so long as CITY and COUNTY have the necessary financial resources to acquire such technology and train Dedicated CITY Officers in its use. Such costs shall be born solely by the CITY. 11.4 Additional Training. CITY has indicated that it may desire to have the Dedicated CITY Officers providing Services to CITY under the terms of this Agreement attend additional or supplemental training. The SHERIFF agrees not to unreasonably withhold approval of any written request(s) by CITY for Dedicated CITY Officers providing Services under the terms of this Agreement to attend additional or supplemental training. The SHERIFF may also require Dedicated CITY Officers assigned to provide Services to CITY under the terms of this Agreement to participate in necessary state and federal Page 13 of 29 training and conferences that focus on the prevention of crime and the protection of CITY'S citizens. The costs of any additional or supplemental training requested by CITY under this section and approved by the SHERIFF, or determined necessary by the SHERIFF, shall be born solely by CITY. 11.5 Police Department Building, Maintenance, and Janitorial. CITY shall provide offices, to include sufficient parking, for the City of Spokane Valley Police Department located at 12710 E. Sprague Avenue, City of Spokane Valley, 99216 or at such other location mutually agreed to between the CITY and SHERIFF. CITY shall provide all operation, maintenance, and janitorial services for said offices. SECTION NO. 12: COMMUNITY IDENTITY 12.1 Vehicles. Patrol, Traffic, School Resource Officer, and Community Service vehicles that are assigned to CITY shall display the color, identification and logo of CITY at CITY'S sole expense. Additionally, the vehicles will indicate that they are SHERIFF vehicles. SHERIFF and CITY shall determine the form of identification jointly. Detective and Supervisor vehicles may be left unmarked. 12.2 Uniform. SHERIFF maintains a uniform directed by state law. It is a uniform that carries a great deal of pride. CITY recognizes that the assigned personnel will retain the uniform of the Spokane County Sheriff's Office; however, SHERIFF agrees that assigned personnel shall wear additional identification in the nature of a patch, clearly indicating affiliation with CITY on uniforms,jackets, and jumpsuits. Jumpsuits shall include the word "Police"in large type on the back. The nature and design of any additional identification will be determined jointly by SHERIFF and CITY and provided to SHERIFF by CITY at CITY'S sole expense. SECTION NO. 13: RECORDS All records prepared, owned,used or retained by COUNTY or SHERIFF in conjunction with providing Services under the terms of this Agreement shall be deemed COUNTY property and shall be made available to CITY upon request by the City Manager subject to the records retention schedule set forth by the Washington State Secretary of State,the attorney client and attorney work product privileges set forth in statute, court rule or case law. The Parties agree to cooperate in complying with the provisions of chapter 42.56 RCW. Should the Agreement terminate, the Parties will meet, and discuss the nature and extent of records required to be transferred to the successor agency. The COUNTY agrees to effect the transfer no later than the last day of the contract. The cost of any transfers of records to the control of the CITY under this provision shall be assumed solely by the CITY. SECTION NO. 14: UNCONTROLLABLE CIRCUMSTANCES/IMPOSSIBILITY A delay or interruption in or failure of performance of all or any part of this Agreement resulting from Uncontrollable Circumstances shall be deemed not a default under this Agreement. Page 14 of 29 A delay or interruption in or failure of performance of all or any part of this Agreement resulting from any change in or new law, order, rule or regulation of any nature which renders providing of Services in accordance with the terms of this Agreement legally impossible, and any other circumstances beyond the control of the SHERIFF,which render legally impossible the performance by the SHERIFF of its obligations under this Agreement, shall be deemed not a default under this Agreement. SECTION NO. 15: RELATIONSHIP OF THE PARTIES For the purpose of this Section, the terminology "COUNTY" shall also include SHERIFF. The Parties intend that an independent contractor relationship will be created by this Agreement. COUNTY shall be an independent contractor and not the agent or employee of CITY, that CITY is interested only in 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 the SHERIFF. Any and all employees who provide Services to CITY under this Agreement shall be deemed employees solely of the SHERIFF. The SHERIFF shall be solely responsible for the conduct and actions of all employees under this Agreement and any liability that may attach thereto. Likewise, no agent, employee, servant or representative of CITY shall be deemed to be an employee, agent, servant or representative of the SHERIFF or COUNTY for any purpose. SECTION NO. 16: LIABILITY For the purpose of this section, the terminology "COUNTY" shall also include the "SHERIFF." (a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees,from any and all claims,actions, suits,liability,loss,costs,expenses,and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of COUNTY,its officers,agents and employees,relating to or arising out of performing Services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its sole cost and expense and if final judgment in said suit be rendered against CITY, and its officers, agents, and employees, or jointly against CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall satisfy the same. (b) CITY shall indemnify and hold harmless COUNTY and its officers, agents, and employees,from any and all claims,actions, suits,liability,loss,costs,expenses,and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of CITY, its officers, agents and employees, relating to or arising out of performing Services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against COUNTY, CITY shall defend the same at its sole cost and expense and if final judgment in said suit be rendered against COUNTY, and its officers, Page 15 of 29 agents, and employees, or jointly against COUNTY and CITY and their respective officers, agents, and employees, CITY shall satisfy the same. (c) If the comparative negligence of the Parties and their officers and employees is a cause of such damage or injury, the liability, loss, cost, or expense shall be shared between the Parties in proportion to their relative degree of negligence and the right of indemnity shall apply to such proportion. (d) Where an officer or employee of a Party is acting under the direction and control of the other Party,the Party directing and controlling the officer or employee in the activity and/or omission giving rise to liability shall accept all liability for the other Party's officer or employee's negligence. (e) Each Party's duty to indemnify shall survive the termination or expiration of this Agreement. (f) The foregoing indemnity is specifically intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, chapter 51 RCW, respecting the other party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. (g) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence with $5,000,000 aggregate limits including professional liability and auto. SECTION NO. 17: INITIATIVES AND LOCAL BUDGET REDUCTIONS The Parties recognize that revenue-reducing initiative(s) passed by the voters of Washington and/or local revenue reductions (i.e. loss of sales tax) and/or local government mandates may substantially reduce local operating revenue for CITY, COUNTY, or both Parties. The Parties agree that it is necessary to have flexibility to reduce the contracted amount(s) in this Agreement in response to budget constraints resulting from the passage of State-wide revenue-reducing initiative(s) and/or local revenue reductions and/or local government mandates. If such an event occurs, the Parties agree to negotiate in good faith to achieve a mutually agreeable resolution in a timely fashion. SECTION NO. 18: DISPUTE RESOLUTION Any dispute or controversy arising out of or relating to this Agreement, or breach thereof, between the SHERIFF, COUNTY, or CITY shall first be reduced to writing and considered by the COUNTY Chief Executive Officer ("COUNTY CEO" or "CEO") and the City Manager if it is a monetary dispute. If it is a non-monetary dispute, it shall be reduced to writing and considered by the SHERIFF and City Manager. The City Manager and the COUNTY CEO or SHERIFF, depending on the dispute being monetary or non-monetary, shall agree to develop a corrective action plan ("Action Plan") to address any dispute arising Page 16 of 29 hereunder. The Action Plan shall be completed within thirty (30) days of agreement to develop the Action Plan unless the Parties mutually agree in writing to extend this timeline. If the PARTIES fail to complete or implement an Action Plan, discontinue the action plan without agreement, or the dispute, controversy, or breach thereof, otherwise remains unresolved, the dispute may be submitted to arbitration by any Party. COUNTY or SHERIFF, respectively, and CITY shall have the right to designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator. Arbitrators shall be a licensed attorney in the State of Washington in good standing with the Washington State Bar Association and not be an employee or former employee of any Party. The decision of the arbitration panel shall be binding on the Parties and shall be subject to judicial review as provided for in chapter 7.04A RCW. The costs of the arbitration panel shall be equally split between the respective Parties. SECTION NO. 19: ASSIGNMENT No Party shall assign, transfer, or delegate, in whole or part, any interest or responsibility in this Agreement without the express written consent of the other Parties. Nothing in this section shall prohibit COUNTY and/or SHERIFF from contracting with third-parties for Services provided for in this Agreement. SECTION NO. 20: NOTICES All notices or other communications given hereunder and sent or delivered to any Party at the address set forth for such below in this Section and shall be deemed given: (1)when certified mail is deposited in the United States mail, postage prepaid; or(2) on the third day following the day on which the same have been mailed by first class delivery, postage prepaid; or (3) on the day such notices or other communications are received when sent by personal delivery, prepaid. All notices, requests, approvals, consents, or other communication, which may be required by this Agreement, shall be given as follows: SPOKANE COUNTY: Spokane County ATTN: Chief Executive Officer 1116 West Broadway Avenue Spokane, Washington 99260 With Courtesy Copy: Spokane County Prosecutor's Office ATTN: Civil Division 1115 West Broadway Avenue Spokane, Washington 99260 SHERIFF: Spokane County Sheriffs Office ATTN: Spokane County Sheriff Page 17 of 29 1100 West Mallon Avenue Spokane, Washington 99260 CITY: City of Spokane Valley ATTN: City Manager 10210 East Sprague Avenue Spokane Valley, Washington 99206 SECTION NO. 21: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each Party that this Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington, unless relocation or commencement elsewhere is required by law. SECTION NO. 22: COMPLIANCE WITH LAWS The Parties shall observe all applicable local,state,and federal laws,regulations,orders,writs, injunctions, and/or decrees, to the extent that they may be applicable to the terms of this Agreement. SECTION NO. 23: DISCLAIMER Except as otherwise provided, this Agreement shall not be construed in any manner that would limit either Party's authority or powers under law. SECTION NO. 24: HEADINGS The Section and subsection headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to, define, limit, or extend the scope or intent of the sections to which they pertain. SECTION NO. 25: ALL WRITINGS CONTAINED HEREIN This written Agreement,together with the Exhibits attached hereto, constitutes the entire and complete understanding and agreement between the Parties respecting the subject matter hereof and cancels and supersedes any and all prior and contemporaneous negotiations, correspondence,understandings, and agreements between the Parties,whether oral or written, regarding such subject matter. No agreement or understanding varying or extending this Agreement will be binding upon any Party,unless set forth in writing which specifically refers to the Agreement that is signed by duly authorized officers or representatives of the respective Page 18 of 29 Parties, and the provisions of the Agreement not specifically amended thereby will remain in full force and effect. SECTION NO. 26: COUNTERPARTS This Agreement may be executed in any number of multiple signed originals, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. SECTION NO. 27: AGREEMENT TO BE FILED COUNTY shall file this Agreement with such offices or agencies as required by chapter 39.34 RCW. SECTION NO. 28: TIME OF ESSENCE OF AGREEMENT Time is of the essence of this Agreement and in case any Party fails to perform the obligations on its part to be performed at the time fixed for the performance of the respective obligation by the terms of this Agreement, the other respective Party may, at its election, hold the other Party liable for all costs and damages caused by such delay. SECTION NO. 29: CHAPTER 39.34 RCW REQUIRED CLAUSES A. Purpose. See Section No. 3 above. B. Agreement to be Filed. See Section No. 27 above. C. Duration. See Section No. 4 above. D. Termination. See Section No. 4 above. E. Organization of Separate Entity and Its Powers. No new or separate legal or administrative entity is created to administer the provisions of this Agreement. F. Responsibilities of the Parties. See applicable sections within Agreement. G. Property upon Termination. See Section Nos. 4.4 and 11 above. SECTION NO. 30: SEVERABILITY The Parties agree that if any parts,terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the Parties shall not be affected in regard to the remainder of the Agreement. If it should appear that any part,term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may Page 19 of 29 be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. 31: THIRD PARTY BENEFICIARIES. This Agreement is intended for the benefit of COUNTY, CITY and SHERIFF and not for the benefit of any third parties. SECTION NO. 32. SURVIVAL Without being exclusive, Section Nos. 16, 20, and 21 of this Agreement shall survive any termination, expiration or determination of invalidity of this Agreement in whole or in part. Any other sections of this Agreement which, by their sense and context, are intended to survive shall also survive. SECTION NO. 33. MEDIA RELEASES AND CONTACT Media releases concerning law enforcement activities covered under this Agreement will be prepared by the SHERIFF'S Public Information Officer. Any such release of information to the media that is deemed to be sensitive or likely to cause concern or alarm shall be provided to the City Manager before its release. CITY shall not issue any media releases regarding law enforcement activities covered under this Agreement without prior approval of the SHERIFF unless otherwise agreed by the Parties. SHERIFF will endeavor to have the Police Chief or designee interact with the media when appropriate. SHERIFF'S ability to interact with the media on CITY'S behalf shall not be limited by this section. SECTION NO. 34: MODIFICATION; AMENDMENT No modification or amendment to this Agreement shall be valid until the same is reduced to writing, in the form of an amendment, and executed with the same formalities as this present Agreement. SECTION NO. 35: COOPERATION The Parties agree to cooperate and work together to the best of their abilities to effectuate the purpose of this Agreement. SECTION NO. 36: NON-DISCRIMINATION During the performance of this Agreement, the Parties, their employees, and agents shall not discriminate against any person on the basis of race; religion; color; sex; gender identity and expression; medical conditions related to any sensory, mental, or physical condition; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law. SECTION NO. 37: NO SEPARATE LEGAL ENTITY Page 20 of 29 This Agreement shall not create any separate legal entity. The only entities that shall exist pursuant to this Agreement shall be COUNTY, SHERIFF, and CITY. SECTION NO. 38: REMEDIES No remedy herein conferred upon any Party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.No single or partial exercise by any Party of any right,power,or remedy hereunder shall preclude any other or further exercise thereof. SECTION NO. 39: 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 a waiver of any other subsequent breach or nonperformance. 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. SECTION NO. 40: CONTRACT DOCUMENTS The Contract Documents consist of this Agreement and the other documents listed in this Agreement as Exhibits, and all modifications and amendments issued subsequent thereto. These form a contract and all are as fully a part of the contract as if attached to this Agreement or repeated herein.In the event of any inconsistency between the provisions of this Agreement and the documents listed below, the provisions of this Agreement will control and the order of precedence will be in the order listed. An enumeration of the contract documents is as follows: 1. This Agreement; and 2. Exhibit 1 — Services Provided to CITY by SHERIFF; and 3. Exhibit 2—Performance Indicators and Workload Indicators; and 4. Exhibit 3 —Dedicated CITY Officers; and 5. Exhibit 4—Combined Number of Officers in Shared Units; and 6. Exhibit 5 —City Patrol Districts; and 7. Amendments or Modifications to this Agreement. SECTION 41: EXECUTION AND APPROVAL The Parties warrant that the officers/individuals executing below have been duly authorized to act for and on behalf of the Party for purposes of confirming this Agreement. Page 21 of 29 [ Signatures on Next Page ] Page 22 of 29 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date and year opposite their respective signatures. DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON MARY KUNEY, Chair ATTEST: CLERK OF THE BOARD AL FRENCH, Vice-Chair BY: GINNA VASQUEZ JOSH KERNS, Commissioner ********** DATED: SPOKANE COUNTY SHERIFF: OZZIE KNEZOVICH ********** DATED: CITY OF SPOKANE VALLEY: JOHN HOHMAN, City Manager Attest: CHRISTINE BAINBRIDGE City Clerk Approved as to form only: Office of the City Attorney Page 23 of 29 Exhibit 1 —Services Provided to CITY by SHERIFF CITY Dedicated Service Units CITY Police Depaitiiient Administration (Chief, Assistant Chief, Sergeant) Patrol Traffic Unit (Enforcement and Investigation) Crime Prevention Domestic Violence Unit (Investigation and Mitigation) School Resource Officers K-9 Spokane Valley Investigative Unit (Property and Drug Crimes Investigations) Shared Service Units Major Crimes Unit (Investigation of Crimes Against Persons) Special Assault Unit (Sex Crimes Investigation) Spokane County Investigative Unit: (Property and Drug Crimes Investigations; Lieutenant only) Joint Terrorism Task Force Safe Streets (Drug Task Force and Gang Enforcement) Emergency Operations Team (Marine and Search and Rescue) Public Information Officer Training Office of Professional Standards (Investigations of complaints against officers and use of force) Air Support Unit Forensics Explosive Disposal Regional Investigative Group 9 (Crime Analysis) Fleet Maintenance SWAT (Hostage Negotiation) Tac Team (Crowd Control) Reservist and Explorer Units Administrative Support Services Provided by Outside Agencies through Contract with the Sheriff's Office Spokane Regional Emergency Communications (SREC) Records Management Property Storage SHERIFF'S Community Oriented Policing Effort (S.C.O.P.E.) Regional Services — Services provided as COUNTY responsibility at no additional costs. Civil Marine Patrol SHERIFF Page 24 of 29 Sex Offender Registration Self-Sustaining Services (No Charge to City) Traffic School: Paid for by participant fees. Extra Duty Employment: Paid for by client fees. Page 25 of 29 Exhibit 2 —Performance Measures and Workload Indicators Workload Indicators (Provided quarterly unless otherwise agreed) Total incidents per Dedicated CITY Patrol Officer per shift Total citizen initiated Calls for Service Total citizen initiated Calls for Service with Dedicated CITY Patrol Officer response Total Dedicated CITY Officer initiated incidents Total Dedicated CITY Officer involved incidents Total incidents requiring written documentation Total incidents resulting in custodial arrest Total traffic non-criminal infractions/citations issued Total traffic control requests worked Total traffic collisions investigated Total Major Crime investigations Total Sex Crime investigations (Annual) Total Property/Drug Crime investigations (Annual) Behavioral Health Deputy—To match 2021 WASPC Grant Report(Annual) Separate Agency (Data provided as made available by agency) SCOPE -Number of active volunteers SCOPE—Number of volunteer hours SCOPE—Number of business checks, vacation checks, tagged vehicles, towed vehicles and parking citations Performance Measures (Provided quarterly unless otherwise agreed) Average patrol staffing per shift Contracted Position Fill Rate (Identify positions that are active, in training, and unfilled). Training Completion Rate(Percentage of hired officer candidates that complete all phases of training and probationary period). Citizen complaints per 1,000 Dedicated CITY Officer incidents (Annual) Outcome of complaint investigations (% sustained, not sustained, exonerated, unfounded, pending, changed to inquiry) (Annual) Outcome of use of force incidents (%within policy and not within policy) (Annual) Average response time for priority 1, 2, and 3 Calls for Service Percentage of Calls for Service with deputy response Percentage of incidents that were deputy initiated Percentage of solvable property crime cases assigned(Annual) Percentage of assigned cases solved by investigative unit(Assigned) Percentage of assigned cases solved by charges filed by investigative unit(Assigned) State defined collisions per capita(Informative only) Percentage of traffic complaints worked Actual to Budget Cost Comparisons for all Dedicated and Shared units (Salary, overtime, fuel) Behavioral Health Deputy—Time Saved (As long as data is required by State) Page 26 of 29 Exhibit 3 - Dedicated CITY Officers Administrative Police Chief/Undersheriff 1 Assistant Chief/Inspector 1 Sergeant 1 Patrol Lieutenant 2 Sergeant 9 Deputies 47 K-9 Deputies 3 Traffic Sergeant 1 Detectives/Corporal 1 Deputies 5 Community Services Deputy 1 Behavioral Health Deputy 1 Homeless Services Deputy 1 Domestic Violence Detective/Corporal 1 School Resource Officer Deputies 4 Property and Dru2 Crimes Sergeant 1 Detectives 10 Deputy 1 Total Dedicated Officers 91 Page 27 of 29 Exhibit 4 - Combined Number of Officers in Shared Units Administration (Technical Support) Sergeant 1 Investigations Undersheriff 1 Lieutenant 1 DEA Deputy 1 Major Crimes Sergeant 1 Detectives 8 Sex Crimes Sergeant 1 Detectives 7 Investigative Task Force Spokane County Investigative Unit(SCIU) Lieutenant 1 Regional Intelligence Group Detective 1 Joint Terrorism Task Force Detective 1 Safe Streets (Drug and Gangs) Sergeant 1 Detectives 3 Deputies 1 Emergency Operations Team Deputy 2 Public Information Officer Corporal 1 Professional Standards Lieutenant 1 Training Sergeant 3 Deputies 1 Total Permanent Shared Officers 37 (CITY Share Based on Usage) Page 28 of 29 Exhibit 5 - CITY Patrol Districts Francis f { 7 E4 - _ ,)vi ___ or ,f,_ ----2) 1%-j_r-' dal lL Valley I— 'I,Ii tIlu• ll �u�u W-Ilesley .-- h u Lt N r7_ 4OPP . li,,w,...--00 __ _ i r< ' iim -fl • o •. • ,. ism m ® E y` Mi Sprague i '- F 1,AJ C l,r ,_ W l (T`� d Z__ - , �F — 32nd ay�� U ,. c 1 a r 0 4.0th i \: T7 /y J� m - t i k rpe II r-I _ I J1 ri "_ Jacks& - ,Mlles Spokane Valley Police Districts 1-6 F m oa * Page 29 of 29 INTERLOCAL AGREEMENT FOR LAW ENFORCEMENT SERVICES AS PROVIDED BY THE SPOKANE COUNTY SHERIFF'S OFFICE TO THE CITY OF SPOKANE VALLEY THIS AGREEMENT the "Agreement") made and entered into among Spokane County, a political subdivision of the state of Washington,having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "COUNTY' the Spokane County Sheriff, a separate elected official of Spokane County having offices for the transaction of business at 1100 West Mallon Avenue, Spokane,Washington 99260,hereinafter referred to as"SHERIFF"S and the City of Spokane Valley, a municipal corporation of the state of Washington,having offices for the transaction of business at 10210 East Sprague Avenue, Spokane Valley, Washington 99206, hereinafter referred to as "CITY,"jointly hereinafter referred to as the "Parties" and individually referred to as a "Party". COUNTY, SHERIFF, and CITY agree as follows_: SECTION NO. 1: RECITALS AND FINDINGS 1.1 Pursuant to the provisions of the Revised Code of WashingtonUnder "RCW" 36.32.120(6), the Board of County Commissioners of Spokane County, acting on behalf of Spokane County, has the care of County property and the management of County funds and business. 1.2 Pursuant to the provisions ofUnslef chapter 39.34 RCW ("Interlocal Cooperation Act"), public agencies may contract with each other to perform certain functions which each may legally perform. 1.3 Pursuant to the provisions ofUtidef chapter 36.28 RCW, the Spokane County Sheriff is the Chief Law Enforcement Officer and Conservator of the Peace of Spokane County. 1.4 The City of Spokane Valley desires to utilize the services of the Spokane County Sheriffs Office to provide law enforcement services as identified in Exhibit "1", which is attached hereto and herein incorporated by this reference. 1.5 The direct and indirect costs for law enforcement services will be set forth in the Law Enforcement Cost Allocation Plan ("LECAP"), described in Section 6 and incorporated herein by this reference. 1.6 The Parties,in providing these law enforcement services, seek to make the CITY a crime- free city. SECTION NO. 2: DEFINITIONS Page 1 of 29 2.1 Agreement: "Agreement" means this Interlocal Agreement among Sheriff, City, and County regarding the provision of law enforcement services. 2.2 City: "CITY"means the City of Spokane Valley. 2.3 County: "COUNTY"means Spokane County. 2.4 Dedicated CITY Officers: "Dedicated CITY Officers" means those commissioned officers (SHERIFF Deputies) listed in Exhibit "3" that are 100% dedicated to providing service to the CITY and who work under the supervision of the CITY Police Chief. 2.5 Services: "Services"means those services identified in Exhibit"1". 2.6 Sheriff: "SHERIFF"means the duly elected sheriff of Spokane County possessing those general duties set forth in chapter 36.28 RCW. 2.7 Uncontrollable Circumstances: "Uncontrollable Circumstances" means the following events: riots, wars, civil disturbances, insurrections, acts of terrorism, external fires and floods, volcanic eruptions, lightning or earthquakes at or near where the Services are performed and/or that directly affect providing of such Services. SECTION NO. 3: PURPOSE The purpose of this Agreement is to reduce to writing the Parties' understanding as to the terms and conditions under which SHERIFF will provide Services to CITY. The Services will be consistent with the City's council/manager form of management pursuant to chapter 35A.13 RCW. SECTION NO. 4: DURATION AND TERMINATION 4.1 Initial Term and Renewal. The initial term of this Agreement shall commence as of 12:01 A.M. on the date of execution, and run through midnight, December 31, 2022, for all provisions except for the cost methodology, which shall be implemented beginning on January 1, 2018. The first renewal of this Agreement shall commence as of 12:01 A.M. on January 1, 2023, and run through midnight, December 31, 2027. Thereafter, this Agreement shall automatically renew for five-year time frames, unless the termination process outlined herein is invoked. The Automatic renewal shall not occur unless the CITY provides notice to the COUNTY that the City Council has authorized the renewal. If the City Council does not affirmatively authorize renewal of the Agreement or the City fails to timely provide notice of such renewal, the Agreement shall be terminated subject to the provisions of Sections 4.2 through 4.6. In that event, the termination period shall be deemed to commence on the January 1 following the end of the relevant contract period. 4.2 Process for Termination. This Agreement may be terminated by any Party by providing written notice after December 31, 2025, after December 31, 2020 to all other Parties. Page 2 of 29 COUNTY shall consult with SHERIFF prior to providing written notice of termination under this subsection. SHERIFF shall consult with COUNTY prior to providing written notice of termination under this subsection. This termination shall be effective (24) twenty-four months after written notice is provided as long as such written notice is provided prior to midnight, December 31, 2027. as long as such written notice is provided prior to midnight December 31, 2022. The same time intervals for terminations shall apply to future terms if the termination process is not invoked during the initial contract period. 4.3 Implementation of Termination. When notice of termination is given, SHERIFF and CITY agree to jointly prepare a Transition Plan and complete said Transition Plan by a mutually agreed date. 4.3.1 Transition Plan. The Transition Plan shall identify and address, among other items (i) personnel issues; (ii) workload; (iii) ongoing case assignments; and (iv) the transfer of records. If the SHERIFF and CITY cannot mutually agree to the terms of the Transition Plan, either Party can request arbitration as provided in Section No. 18. SHERIFF and CITY shall equally share the cost of said arbitration. 4.3.2 Implementation of Transition Plan. Parties agree to use all best efforts to create and effectuate a mutual implementation of the Transition Plan. 4.4 Termination of the Agreement-Vehicles and Equipment. At the termination of this Agreement, CITY shall have the option to purchase, subject to agreement of SHERIFF and COUNTY,_COUNTY-owned vehicles and/or equipment used to provide Services. Ownership of dedicated vehicles that have been fully paid for solely by CITY shall be transferred to CITY without cost if City choses to exercise this option. 4.5 Waiver of Statutory Terms. To the extent that it is applicable to law enforcement Services, the Parties hereby waive the statutory termination rights of RCW 39.34.180(3) and elect instead to follow these contractual termination procedures as the sole method of terminating this Agreement, the terms of which are detailed in this section. 4.6 Termination of the Agreement and Settle and Adjust. The Parties recognize that Costs for Services under the Agreement are calculated utilizing the LECAP. Charges for the current year are based on estimated costs and are subject to a settle and adjust reconciliation to actual costs after the year is complete. As such, in the event this Agreement is terminated as provided for in Subsection 4.2 hereinabove, the Agreement will be subject to a settle and adjust for any years that have not yet been reconciled. In the event of termination, the Parties shall follow the process set forth in Section No. 6 to determine the settle and adjust as well as the process to object to the final adjustment(s) as set forth in Subsection 6.4 set forth hereinafter. SECTION NO. 5: SERVICES Page 3 of 29 5.1 Services Provided and Service Levels. The SHERIFF shall provide those Services set forth in Exhibit "1" attached hereto and incorporated herein by this reference. These Services shall only be changed by mutual written agreement of Parties. 5.1.1 Dedicated CITY Officers. CITY may unilaterally adjust the number of Dedicated CITY Officers set forth in Exhibit "3" only after meaningful prior consultation between the SHERIFF and the CITY. Written notice of such an adjustment shall be provided by CITY to COUNTY and SHERIFF. The Police Chief shall have the ability to move Dedicated CITY Officers to different service units or convert to a shared resource on a temporary basis, not to exceed ninety (90) days, to meet current workload demands, with notification to the City Manager. Moves that exceed ninety (90) days must be approved by the City Manager and be accompanied by a demonstrated need. A change from a dedicated resource to a shared resource shall be communicated to the County Budget Office and, if necessary, an adjustment will be made to the final LECAP to equitably distribute costs to all users of the resource and remove those costs from the CITY dedicated costs for the time period matching the move or change. CITY patrol staffing shall be maintained at a level that allows for a minimum of one patrol officer per patrol district per shift. SHERIFF shall provide a quarterly list of commissioned officer positions for the entire Sheriff's Office, showing, at a minimum, filled positions, unfilled positions, and designating whether any filled position is in training. The SHERIFF, Police Chief, and City Manager may mutually agree upon other content, as applicable. 5.1.2 Shared Services. SHERIFF shall provide shared Services listed in Exhibit "1" to CITY. SHERIFF shall ensure that shared service units work with the Police Chief and Assistant Police Chief to provide case updates, information, and data as requested. SHERIFF shall have the ability to make permanent adjustments to the number of commissioned officers providing Services listed under shared units in Exhibit "4" after thirty (30) days advanced notice is provided to the CITY and accompanied with a cost impact estimate and service level impact estimate. Any adjustments made to the number of commissioned officers between units or change to the rank of those officers serving in shared units shall be accompanied by a cost and service level impact statement provided to the CITY thirty (30) days in advance of said adjustment. The SHERIFF'S ability to temporarily shift, adjust, or modify numbers of shared personnel to meet emerging needs shall not be limited. Temporary shifts or adjustments to the number of commissioned officers shall be accompanied by a written notice explaining the reason for the shift or adjustment, identifying the personnel shifted, estimating the impact to the unit losing officers, estimating any associated overtime, and estimating the length the temporary adjustment will last. Quarterly updates shall be provided as long as the temporary shift or adjustment continues. Page 4 of 29 Any adjustments in Services under this section shall only be operative after relevant notice and impact bargaining negotiations for reductions in force are satisfied with the relevant collective bargaining units but in no event shall the delay in implementation exceed sixty (60) days after the SHERIFF has satisfied his good faith bargaining obligations pursuant to chapter 41.46 RCW for reductions. I Additions will be filled in sixty 160) days unless staffing shortages delay implementation, in which case, SHERIFF shall provide to CITY an estimated time to fill new positions added by CITY, and will continue to provide quarterly updates until the positions are filled. Any permanent adjustments that take place under this section after the original cost estimate has been prepared shall result in the COUNTY recalculating the annual cost estimate and then adjusting the remaining monthly payments unless otherwise mutually agreed upon by the SHERIFF and City Manager. Notwithstanding the above, SHERIFF'S ability to fulfill his statutory obligation to provide law enforcement Services to COUNTY and CITY shall not be limited. 5.1.3 Civilian Positions. SHERIFF shall provide an annual list and organizational chart of all civilian positions within the Sheriffs Office. SHERIFF shall notify CITY of any changes to the civilian positions accompanied by any cost and service level impacts. The City Manager and Police Chief may jointly agree for CITY to pay a greater cost share of a civilian position based upon a jointly agreed to amount of work provided to the CITY. 5.2 Periodic Reporting Requirements. SHERIFF shall provide to CITY quarterly reports, within thirty (30) days from the end of each quarter, that identify statistics used to calculate CITY'S cost in the LECAP referenced in Section No. 6 below. Those statistics which are only available to COUNTY on an annual basis shall be provided annually within thirty (30) days of the end of each calendar year unless the statistics are provided by an outside agency, in which case they shall be provided within fifteen (15)days after they are provided to COUNTY. These reports will allow CITY to monitor service consumption and cost accrual throughout the year. 5.2.1 Performance Measures and Workload Indicators. Available data for the indicators and measures listed in Exhibit"2" shall be provided by SHERIFF to CITY on a quarterly basis subject to availability of data, unless otherwise mutually agreed upon by SHERIFF and the City Manager. The indicators and measures shall be modified jointly by the City Manager and SHERIFF as needed to provide the most accurate assessment of the Services provided to CITY. Goals for each performance measure shall be established by the City Manager and the Police Chief. SHERIFF and CITY shall work together jointly to provide the necessary support and resources to achieve established goals. Failure to meet established goals Page 5 of 29 on a quarterly basis shall result in progress reports provided by the Police Chief to the City Manager. The reports shall indicate the causes of the deficiencies and provide responsive action taken or recommendations by the Police Chief to correct the deficiencies as well as progress made toward achieving the goals. The progress reports shall continue until the deficiency has been corrected. SECTION NO. 6: COST OF SERVICES 6.1 Cost Methodology. CITY costs will be determined by utilizing the LECAP. The LECAP will allocate costs through a combination of direct dedicated CITY officer costs; and shared and indirect costs allocated through mutually agreed upon allocation bases. Salary and Benefits for Dedicated CITY Officers will be segregated into separate budget units and costs will be tracked separately. The allocation bases will be reviewed by the COUNTY and CITY,as needed. Any changes to the allocation bases will be made by staff of the CITY and COUNTY and mutually agreed upon by the SHERIFF, COUNTY CEO, and the City Manager. Parties will strive to implement fair allocation bases for all services delivered, including consideration of services provided to outside agencies and jurisdictions. Indirect costs will be applied from the Countywide Cost Allocation Plan,the COCAP. The COCAP will be prepared in accordance with OMB U.S. Office of Management and Budget Circular 2 CFR 200. The CITY shall not be charged for costs unrelated to the provision of CITY law enforcement Services in the current year, including but not limited to, costs for tax assessor and treasurer tax collections. CITY shall receive a credit for COCAP building charges and associated maintenance and utility costs, in recognition of CITY-owned facilities (precinct/garage). CITY shall also receive a credit for Services paid through other revenue sources and Services that have been pre-paid by CITY. 6.2 Estimated Costs. The LECAP will be used to estimate CITY cost for Services for a contract year based upon the contract year's budget. Estimated indirect costs will be calculated by applying an indirect rate derived from actual indirect costs from the most recently completed year. CITY shall have thirty (30q days to review the estimated costs and ask questions. The Parties may mutually agree to an adjustment to the estimate due to vacancies or other related circumstances. Should the estimate not be provided or not be finalized by the time the invoices for a new contract year are due, CITY will continue to pay at the previous year's monthly rate until the estimate is finalized. If the CITY has paid one or more months at the previous year's rates,the COUNTY will calculate the difference between the previous year's rates and the current year's monthly estimate for those months and add the difference to the first monthly payment at the current year's estimate. Page 6 of 29 COUNTY shall notify CITY of any budget amendments, or budget change requests expected tothat may increase CITY'S law enforcement costs by more than $200,000.00 USD. Estimated costs paid by CITY for specific items such as dedicated patrol salary shall not be diverted to other expenses without prior authorization by the City. CITY will work with Police Chief and Assistant Police Chief to process such requests expeditiously. I This section_ does shall not diminish the SHERIFF'S state constitutional and statutory law enforcement powers pursuant to chapter 36.28 RCW,nor his ability to expediently respond to emergencies. 6.3 Settle and Adjust. The LECAP will be used to calculate the actual CITY cost for the contract year based upon the contract year's actual expenses. After calculating the CITY'S actual costs for a contract year, any overage or underage from the estimated billed amount will be applied to the next invoice. Should the contract no longer be in effect, payment by either Party will be due within thirty (30) days of agreement of the final amount. COUNTY shall provide CITY with the actual cost calculations for the contract year in writing via the LECAP no later than September 30th of any calendar year for the preceding year's costs. CITY will have thirty (30) calendar days from its receipt of the LECAP to provide COUNTY with any written objections to the amounts set forth therein. COUNTY agrees to consider all written objections received from CITY and reply to CITY no later than fifteen (15) calendar days of receipt of CITY'S objections. In the event the Parties cannot mutually resolve any written objection(s) submitted by CITY within an additional fifteen(15) calendar day time frame, or such other time frame as the Parties may mutually agree to, the objections shall be resolved pursuant to the Dispute Resolution provisions set forth in Section No. 18. I 6.4 Retroactive Salary Adjustments. The Police Chief will- shall inform the CITY of the commencement and settlement of applicable collective bargaining agreements, as well as inform CITY of the status of any pending negotiations as to tentative agreements. Should any applicable bargaining agreement not be settled in time to include any salary adjustments granted commissioned deputies under any collective bargaining agreement in the cost estimate for a given year, and that collective bargaining agreement is settled, and the settlement contains a retroactive salary adjustment, COUNTY will shall bill CITY for the full amount of CITY'S portion of the retroactive payment. CITY will- shall be responsible for paying COUNTY within thirty (30) days of the billing date. Additionally, COUNTY may recalculate the estimated Interlocal Agreement amount employing the cost of living or wage increase(s) granted commissioned deputies under any collective bargaining agreement and adjust the remaining monthly payments. 6.5 Capital Purchases. Capital equipment deemed necessary and prudent for all commissioned officers, excluding vehicles, with a cost greater than $50,000.00 USD, may be billed to CITY at the time of purchase contingent upon prior CITY's prior authorization. CITY will be billed according to its proportionate share. COUNTY will bill CITY for this cost at the time of the purchase and payment will shall be due from CITY within thirty(30) Page 7 of 29 days of the billing date. As part of the settle and adjust reconciliation, COUNTY will give CITY credit for the full amount paid for capital equipment in that year. The Parties may also jointly agree to apply this language to capital purchases of any amount on a case-by- case basis. All capital items purchased solely by COUNTY will—shall become be the property of COUNTY. All items purchased solely by CITY will become the property of CITY_ Capital items shall not be purchased jointly under this Agreement, by both County and City, unless otherwise agreed to in writing and executed in the same formality as this Agreement. Capital items that have been purchased with grant funds by either CITY or COUNTY, or other funding sources, and capital items that are not utilized in providing law enforcement Services to CITY, will not be charged to CITY. All capital items that are utilized in providing law enforcement Services to CITY, and which are not immediately billed to CITY according to the terms stated in this section, and that were not purchased with other funding sources, will be incorporated as fixed assets in the (COCAP) and reimbursed through depreciation. COUNTY shall provide an annual list of assets to CITY, identifying all SHERIFF assets and segregating those assets paid for by CITY. The asset list shall accompany estimated and actual LECAPs provided to the CITY. County shall consult with CITY prior to committing to capital purchases relating to this Agreement that exceeding$200,000.00 USD. Typical recurring expenses such as vehicles are exempt from this requirement. Beginning in 2022, CITY will be billed for the entire cost of dedicated vehicles in the year the vehicles were purchased and received. Vehicles purchased prior to 2022 will continue to be billed through depreciation in the COCAP. Orders related to CITY dedicated vehicles and the subsequent disposition of those vehicles shall require prior written approval by CITY. Shared vehicles will typically be supplied through the equitable transfer of vehicles from dedicated units from CITY and COUNTY once the dedicated vehicles are replaced by new vehicles. In some cases, new vehicles may need to be purchased for shared units; efforts will be made to utilize existing revenue sources but if these sources are not available the COUNTY will purchase the vehicles and depreciate the CITY'S share of costs according to current allocation bases. Additionally, salvage value received through the sale of CITY dedicated vehicles will be placed into a combined CITY/COUNTY reserve to be used to replace wrecked vehicles, purchase atypical needs such as transport trailers, and purchase specialty vehicles as funds allow. Use of the CITY/COUNTY reserve funds shall require prior written approval from the SHERIFF and CITY, which shall not be unreasonably withheld. 6.6 Billing Procedure. COUNTY shall issue a bill to CITY for one-twelfth of calculated estimated contract amount during the first week of each calendar month.=The COUNTY and City Manager shall mutually agree to the designated billing method and address in writing.- In the event the Parties haven't agreed to a billing method, the COUNTY may send bills to the persons and addresses in Section 20 — Notices.- Regular monthly payments by CITY will shall be due by the end of the month in which they are billed.= In the event that Should the bill is issued at any time after the first week, as required by this Section,be received at a later Page 8 of 29 date, the City shall have thirty days 02430) days from the date of issuance to process the payment. 6.7 Penalty. At the sole option of COUNTY, a penalty may be assessed on any late payment owed by CITY in an amount equal to lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool. Any resolution of a disputed amount through use of the arbitration process identified in Section No. 18 shall include at the request of any Party, a determination of whether interest is appropriate, including the amount. SECTION NO. 7: MUNICIPAL POLICE AUTHORITY CITY shall retain all police powerspowers, and, by virtue of this Agreement, CITY confers municipal police authority on the SHERIFF. SECTION NO. 8: OFFICER ASSIGNMENT, RETENTION, DISCIPLINE AND HIRING COUNTY is acting hereunder as an independent contractor as to: 8.1 Hiring. The SHERIFF shall hire, assign, retain and discipline all employees according to applicable collective bargaining agreements, civil service rules, and state and federal laws. 8.2 Standards of Performance Governed by the SHERIFF. Control of personnel, standards of performance, discipline and all other aspects of performance shall be governed by the SHERIFF. Provided,however that only qualified,trained personnel meeting all of the requirements of applicable state laws or regulations shall be utilized in the performance of Services provided hereunder. 8.3 Assignment of Dedicated CITY Officers. SHERIFF or his designee and Police Chief shall work together to determine the personnel assigned to fill Dedicated CITY Officer positions. SHERIFF and CITY will shall work together to encourage Dedicated Git-Ii-CITY Officer retention and fill open positions to provide continuity of the Services provided hereunder. SHERIFF or his designee and the City Manager shall discuss anticipated openings due to retirements and transfers to other agencies and jointly determine how to best prepare to fill those vacancies. SHERIFF or his designee and the City Manager shall jointly discuss and work diligently to fill any vacancies in a manner that is reasonable and fair to each Party. All actions taken to filling vacant positions shall be subject to applicable collective bargaining requirements. 8.4 Patrol Districts. Patrol districts for the CITY are established in Exhibit"5". The patrol districts will coincide within CITY limits.A patrol district is a geographical area of a size and configuration designed to minimize response times to citizen's calls for Services. Response is typically measured from the time a call is received to the time the unit arrives on the scene. If the boundary of the CITY limits change, the SHERIFF will work together with the City Page 9 of 29 Manager and the Police Chief to determine if a change to the number of patrol districts is necessary. The Police Chief will also periodically evaluate the calls for Service and other impacts to response times and make recommendations to the City Manager, if necessary, regarding changes to patrol districts. All changes to the number of patrol districts in CITY shall be authorized by the Council and SHERIFF. 8.5 Dedicated CITY Units and Officers, Mutual Aid. SHERIFF recognizes that he is providing sworn police Services dedicated to CITY. Dedicated CITY Service units, established in Exhibit "1", and the Dedicated CITY Officers, established in Exhibit "3", shall work under the supervision of the Police Chief and be located at the CITY Precinct Building except the Domestic Violence Detective who works in a shared unit under the Shared Investigative Lieutenant. Dedicated CITY Officersdedicated officers shall be provided in the number of officers shown in Exhibit "3". Service units identified as "Shared Resources" in Exhibit "4" shall be shared between the CITY and COUNTY and costs shall be allocated according to bases mutually agreed upon by the Parties or their designated staffthe Parties. 8.5.1 Mutual Aid. Dedicated CITY Officers shall provide mutual aid to other local law enforcement agencies, when possible, for emergency requests. Additionally, Dedicated CITY Officers and COUNTY Officers shall continue to assist each other and work together, sharing information and resources when mutually beneficial. Dedicated CITY Officers may be assigned to regional task force units and directed by the Police Chief to assist with investigations outside of the CITY limits for cases that have a regional impact and benefit the CITY as well as other local jurisdictions. This section_does shall not diminish the SHERIFF'S State Constitutional and statutory law enforcement powers pursuant to chapter 36.28 RCW, nor his ultimate authority over all SHERIFF'S Office employees. SECTION NO. 9: CITY POLICE CHIEF AND ASSISTANT POLICE CHIEF SELECTION, REMOVAL AND DUTIES, AS WELL AS CITY MANAGER'S AND SHERIFF'S RESPONSIBILITIES THERETO 9.1 Selection of Police Chief or Assistant Police Chief. When, for any reason, there occurs a vacancy in the position of Police Chief or Assistant Police Chief, the SHERIFF shall designate three or more SHERIFF Deputies of the rank of Lieutenant or higher, or as otherwise agreed by the parties, as candidates for each of the positions of Police Chief or Assistant Police Chief. The positions of Police Chief or Assistant Police Chief shall be appointed from said lists of qualified candidates by the City Manager. 9.2 Removal of Police Chief or Assistant Police Chief. 9.2.1 Removal by SHERIFF. The SHERIFF may remove the Police Chief or Assistant Police Chief, for just cause, at any time after consultation with the City Manager. The City Manager shall provide a formal response in writing within thirty Page 10 of 29 f 30) days of the first consultation which specifies agreement or acceptance of the decision or disagreement with the decision. 9.2.2 Removal by City Manager. The SHERIFF shall remove the Police Chief or Assistant Police Chief at any time after the written request and consultation of the City Manager. 9.2.3 Reduction of Assistant Police Chief's Rank Due to Economic Conditions. A reduction in SHERIFF'S Office Civil Service Rank due to economic necessity shall not be the sole basis for the removal of the appointed Assistant Police Chief by either the City Manager or the SHERIFF. 9.3 Duties of Police Chief. The Police Chief shall report to the City Manager or his/her designee and to the existing command structure within SHERIFF'S Office. The duties of the Police Chief shall include: 9.3.1 Working with the City Manager or his/her designee to establish goals, objectives and performance measures for CITY police Services which reflect specific needs within CITY; 9.3.2 Coordinating police activities within CITY, including hours of operation and CITY-specific protocols and procedures, attending meetings and providing reports as requested by the City Manager and such other duties common to a city police chief including enforcement of CITY codes and ordinances; 9.3.3 Reviewing the performance of all Dedicated CITY Officers. Reporting to City Manager or his/her designee and SHERIFF any serious recommendations for performance improvement; 9.3.4 Identify duties of all Dedicated CITY Officers as specific needs arise or as requested by the City Manager or his/her designee within the context of established policies and procedures. Reporting to SHERIFF any changes in duty of Dedicated CITY Officers; 9.3.5 Overseeing implementation within CITY of all SHERIFF policies and procedures. Maintaining a copy of SHERIFF procedures on file at City Hall for CITY'S reference. SHERIFF shall be notified of any public record requests to view or obtain a copy of the policies and procedures on file; 9.3.6 Notifying and providing electronic access to the City Manager or his/her designee of any change in SHERIFF procedures or policies, or resource as permitted by this Agreement; Page 11 of 29 9.3.7 Identifying areas of supplemental training for Dedicated CITY Officers. Making recommendations to SHERIFF for supplemental training. Making recommendations to the City Manager or his/her designee for training not provided by SHERIFF; 9.3.8 Providing supervision and direction to all Dedicated CITY Officers as well as other assigned personnel, and acting as liaison with SHERIFF Command Staff; 9.3.9 Maintaining communication between the City Manager and SHERIFF command structures to ensure that changes in SHERIFF policies are agreeable to CITY and that change in CITY policies are agreeable to SHERIFF. In the event a CITY procedure, policy, goal or operation differs from the SHERIFF'S, City Manager or his/her designee, SHERIFF and COUNTY shall meet and mutually determine which policy will prevail; 9.3.10 Notifying the SHERIFF and City Manager or his/her designee of any significant criminal occurrence or civil emergency within CITY or region that would impact the public safety or operations of CITY, and 9.3.11 Coordinating with City Manager regarding maintenance and capital improvement needs of the CITY Precinct Building. 9.4 Duties of the Assistant Police Chief. Assistant Police Chief shall act as Police Chief in his/her absence and under the Police Chief as CITY Police Department's primary administrative assistant, and also work with CITY staff to provide data as requested and complete information required for CITY planning documents. 9.5 Duties of the City Manager. The City Manager or his/her designee shall have the responsibility of providing general direction and supervision to the assigned Police Chief relative to the furnishing of law enforcement Services to CITY as set forth in chapter 35A.13 RCW and the terms of this Agreement. I 9.6 Duties of the SHERIFF. The SHERIFF or his/her designee shall make regular visits to the CITY Precinct Building and ensure that SHERIFF policies and procedures are being followed and that law enforcement Service is provided to CITY according to the terms of this Agreement and according to the standards of the SHERIFF. At the request of the City Manager, SHERIFF or his/her designee will make presentations to the Council and appearances at CITY functions as his/her schedule permits. 9.7 Quarterly Meetings-Sheriff and City Manager. The SHERIFF and the City Manager shall meet on a quarterly basis to ensure regular communication and to seek joint I consideration of all matters of concern regarding this Agreement. Either Any Pparty may invite representatives from their respective organizations to attend. It is intended that the Parties in these meetings review the Interlocal Agreement and discuss matters of mutual interest; monitor cost trends, work jointly on potential cost savings, revenue sources and other budgetary matters that may impact Service levels; seek long-term sustainability of contract terms; consider changes in labor contracts, review allocation of resources or other Page 12 of 29 items that may impact either party. The dates of these meetings will be determined by mutual agreement andbut should coincide with the budget cycles of each party. 9.8 Quarterly Meeting—Financial and Contract Administration Representatives. At the request of CITY, COUNTY, SHERIFF,or Police Chief,respective representatives shall meet to discuss potential changes to the COCAP, the LECAP, or other items that may impact the CITY'S law enforcement costs or Service levels. If possible, CITY shall be notified of such changes prior to implementation, allowing CITY an opportunity to comment. 9.9 Annual Strategic Planning Session. The City Manager shall designate one or more CITY employees to attend the annual SHERIFF strategic planning session(s). If a CITY employee is unable to attend the City Manager will provide relevant information to the Police Chief in advance of the meeting and the City Manager and Police Chief shall have a follow-up meeting to discuss the results of the planning session. SECTION NO. 10: OBSERVATION OF LABOR NEGOTIATIONS CITY may participate with other cities that contract with COUNTY for law enforcement Services to select no more than two (2) representatives from the contracting cities to observe labor negotiations between COUNTY, SHERIFF and the collective bargaining units representing the employees of the SHERIFF, provided that such observers adhere to rules established by COUNTY, the SHERIFF and the bargaining units for the negotiations. SECTION NO. 11: PROPERTY, EQUIPMENT AND TRAINING 11.1 Ownership of Property and Equipment. The ownership of all property and equipment utilized in association with either SHERIFF or CITY meeting their responsibilities under the terms of this Agreement, shall remain with the original owner at all times to include termination, unless otherwise specifically and mutually agreed upon in writing by the Parties to this Agreement. 11.2 Stationery, Notices and Forms. CITY shall supply at its own cost and expense any special supplies, logos or patches, stationery,notices, forms where such must be issued in the name of CITY. 11.3 Additional Technology. CITY desires to maintain a police force that is trained and equipped with the latest technology. SHERIFF agrees to provide police service personnel providing Services under this Agreement that are trained and equipped with such technology as is customarily provided to deputies providing law enforcement Services in the unincorporated areas of the County. Any technology not currently in use or not customarily provided to patrol deputies, may be requested by CITY or SHERIFF. Parties agree to meet and confer over the need for the acquisition, training, or use of new technology with the final decision regarding the acquisition and use of new technology resting solely with the SHERIFF so long as CITY and COUNTY have the necessary Page 13 of 29 financial resources to acquire such technology and train Dedicated CITY Officers in its use. Such costs shall be born solely by the CITY. 11.4 Additional Training. CITY has indicated that it may desire to have the Dedicated CITY Officers providing Services to CITY under the terms of this Agreement attend additional or supplemental training. The SHERIFF agrees not to unreasonably withhold approval of any written request(s) by CITY for Dedicated CITY Officers providing Services under the terms of this Agreement to attend additional or supplemental training. The SHERIFF may also require Dedicated CITY Officers assigned to provide Services to CITY under the terms of this Agreement to participate in necessary state and federal training and conferences that focus on the prevention of crime and the protection of CITY'S citizens. The costs of any additional or supplemental training requested by CITY under this section and approved by the SHERIFF, or determined necessary by the SHERIFF, shall be born solely by CITY. I 11.5 Police Department Building, Maintenance, and Janitorial. CITY_ will shall provide offices, to include sufficient parking, for the City of Spokane Valley Police Department located at 12710 E. Sprague Avenue, City of Spokane Valley, 99216 or at such other location mutually agreed to between the CITY and SHERIFF. CITY shall provide all I operation,maintenance,and janitorial services for said offices. SECTION NO. 12: COMMUNITY IDENTITY 12.1 Vehicles. Patrol, Traffic, School Resource Officer, and Community Service vehicles that are assigned to CITY shall display the color, identification and logo of CITY at CITY'S sole expense. Additionally, the vehicles will indicate that they are SHERIFF vehicles. I SHERIFF and CITY_ will shall determine the form of identification jointly. Detective and Supervisor vehicles may be left unmarked. 12.2 Uniform. SHERIFF maintains a uniform directed by state law. It is a uniform that carries a great deal of pride. CITY recognizes that the assigned personnel will retain the uniform of the Spokane County Sheriff's Office; however, SHERIFF agrees that assigned personnel shall wear additional identification in the nature of a patch, clearly indicating affiliation with CITY on uniforms,jackets, and jumpsuits. Jumpsuits shall include the word "Police"in large type on the back. The nature and design of any additional identification will be determined jointly by SHERIFF and CITY and provided to SHERIFF by CITY at CITY'S sole expense. SECTION NO. 13: RECORDS All records prepared, owned,used or retained by COUNTY or SHERIFF in conjunction with providing Services under the terms of this Agreement shall be deemed COUNTY property and shall be made available to CITY upon request by the City Manager subject to the records retention schedule set forth by the Washington State Secretary of State,the attorney client and attorney work product privileges set forth in statute, court rule or case law. The Parties agree to cooperate in complying with the provisions of chapter 42.56 RCW. Should the Agreement Page 14 of 29 terminate, the Parties will meet, and discuss the nature and extent of records required to be transferred to the successor agency. The COUNTY agrees to effect the transfer no later than the last day of the contract. The cost of any transfers of records to the control of the CITY under this provision shall be assumed solely by the CITY. SECTION NO. 14: UNCONTROLLABLE CIRCUMSTANCES/IMPOSSIBILITY A delay or interruption in or failure of performance of all or any part of this Agreement resulting from Uncontrollable Circumstances shall be deemed not a default under this Agreement. A delay or interruption in or failure of performance of all or any part of this Agreement resulting from any change in or new law, order, rule or regulation of any nature which renders providing of Services in accordance with the terms of this Agreement legally impossible, and any other circumstances beyond the control of the SHERIFF,which render legally impossible the performance by the SHERIFF of its obligations under this Agreement, shall be deemed not a default under this Agreement. SECTION NO. 15: RELATIONSHIP OF THE PARTIES For the purpose of this Ssection, the terminology "COUNTY" shall also include SHERIFF. The Parties intend that an independent contractor relationship will be created by this Agreement. COUNTY shall be an independent contractor and not the agent or employee of CITY, that CITY is interested only in 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 the SHERIFF. Any and all employees who provide Services to CITY under this Agreement shall be deemed employees solely of the SHERIFF. The SHERIFF shall be solely responsible for the conduct and actions of all employees under this Agreement and any liability that may attach thereto. Likewise, no agent, employee, servant or representative of CITY shall be deemed to be an employee, agent, servant or representative of the SHERIFF or COUNTY for any purpose. SECTION NO. 16: LIABILITY For the purpose of this section, the terminology "COUNTY" shall also include the I "PROSECUTING ATTORNEYSHERIFF." (a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees,from any and all claims,actions, suits,liability,loss,costs,expenses,and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of COUNTY,its officers,agents and employees,relating to or arising out of performing Services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its sole cost and expense and if fmal judgment in said suit be rendered against CITY, and its officers, agents, Page 15 of 29 and employees, or jointly against CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall satisfy the same. (b) CITY shall indemnify and hold harmless COUNTY and its officers, agents, and employees,from any and all claims,actions, suits,liability,loss,costs,expenses,and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of CITY, its officers, agents and employees, relating to or arising out of performing Services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against COUNTY, CITY shall defend the same at its sole cost and expense and if final judgment in said suit be rendered against COUNTY, and its officers, agents, and employees, or jointly against COUNTY and CITY and their respective officers, agents, and employees, CITY shall satisfy the same. (c) If the comparative negligence of the Parties and their officers and employees is a cause of such damage or injury, the liability, loss, cost, or expense shall be shared between the Parties in proportion to their relative degree of negligence and the right of indemnity shall apply to such proportion. (d) Where an officer or employee of a Party is acting under the direction and control of the other Party,the Party directing and controlling the officer or employee in the activity and/or omission giving rise to liability shall accept all liability for the other Party's officer or employee's negligence. (e) Each Party's duty to indemnify shall survive the termination or expiration of this Agreement. (f) The foregoing indemnity is specifically intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, chapter 51 RCW, respecting the other party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. (g) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence with $5,000,000 aggregate limits including professional liability and auto. SECTION NO. 17: INITIATIVES AND LOCAL BUDGET REDUCTIONS The Parties recognize that revenue-reducing initiative(s) passed by the voters of Washington and/or local revenue reductions (i.e. loss of sales tax) and/or local government mandates may substantially reduce local operating revenue for CITY, COUNTY, or both Parties. The Parties agree that it is necessary to have flexibility to reduce the contracted amount(s) in this Agreement in response to budget constraints resulting from the passage of State-wide revenue-reducing initiative(s) and/or local revenue reductions and/or local government mandates. If such an event occurs, the Parties agree to negotiate in good faith to achieve a mutually agreeable resolution in a timely fashion. Page 16 of 29 SECTION NO. 18: DISPUTE RESOLUTION Any dispute or controversy regarding the interpretation of, failure to perform, or the costs for Services assessed under the terms of thisarising out of or relating to this Agreement, or breach thereof, between the SHERIFF, COUNTY, or CITY shall first be reduced to writing and considered by the COUNTY Chief Executive Officer ("Chief Executive OfficerCOUNTY CEO" or "CEO") and the City Manager if it is a monetary dispute. If it is a non-monetary dispute, it shall be reduced to writing and considered by the SHERIFF and City Manager. The City Manager and the COUNTY CEO or SHERIFF, depending on the dispute being monetary or non-monetary,-shall agree to develop a corrective action plan("Action Plan")to address any dispute covered in this sectionarising hereunder.-The Action Plan Aaction Pplan shall be completed within thirty (-30) days of agreement to develop the Action PlanAaetiee Eplaii unless the Parties mutually agree in writing to extend this timeline. The action plan shall be implemented by the SHERIFF within 30 days of completion of the action plan. If the SHERIFF or CEOPARTIES fails to complete or implement an Action Plan, discontinueAaction Pplan, discontinues the action plan without agreement by the City Manager, or the dispute, controversy, or breach thereof, otherwise remains unresolved, the dispute may be submitted to arbitration by any Party. COUNTY oref SHERIFF,respectively,and CITY shall have the right to designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator. Arbitrators shall be a licensed attorney in the State of Washington in good standing with the Washington State Bar Association and not be an employee or former employee of any Party. The decision of the arbitration panel shall be binding on the Parties and shall be subject to judicial review as provided for in chapter 7.04A RCW. The costs of the arbitration panel shall be equally split between the respective Parties. SECTION NO. 19: ASSIGNMENT No Party Pparty may shall assign, transfer, or delegate, in whole or part, any its interest or responsibility in this Agreement without the express written approval consent of the other Parties. Nothing in this section shall prohibit COUNTY and/or SHERIFF from contracting with third—parties for Services provided for in this Agreement. SECTION NO. 20: NOTICES All notices or other communications given hereunder and sent or delivered to any Party at the address set forth for such below in this Section and shall be deemed given: (1)when certified mail is deposited in the United States mail,postage prepaid; or(2) on the third day following the day on which the same have been mailed by first class delivery, postage prepaid; or (3) on the day such notices or other communications are received when sent by personal delivery, prepaid. Page 17 of 29 All notices, requests, approvals, consents, or other communication, which may be required by this Agreement, shall be given as follows: SPOKANE COUNTY: Spokane County ATTN: Chief Executive Officer 1116 West Broadway Avenue Spokane, Washington 99260 With Courtesy Copy: Spokane County Prosecutor's Office ATTN: Civil Division 1115 West Broadway Avenue Spokane, Washington 99260 SHERIFF: Spokane County Sheriff's Office ATTN: Spokane County Sheriff 1100 West Mallon Avenue Spokane, Washington 99260 CITY: City of Spokane Valley ATTN: City Manager 10210 East Sprague Avenue Spokane Valley, Washington 99206 All notices called for or provided for in this Agreement shall be in writing and must be served on any of the Parties either personally or by certified mail, return receipt requested, sent to the Parties at their respective addresses herein above given. Notices sent by certified mail shall be deemed served when deposited in the United States mail, postage prepaid. SECTION NO. 21: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each Party that this Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington, unless relocation or commencement elsewhere is required by law. SECTION NO. 22: COMPLIANCE WITH LAWS The Parties shall observe all applicable local, state,and federal laws,regulations,orders,writs, injunctions, and/or decrees, to the extent that they may be applicable to the terms of this Agreement.observe all federal, state and local laws, ordinances and regulations, to the extent that they may be applicable to the terms of this Agreement. SECTION NO. 23: DISCLAIMER Page 18 of 29 Except as otherwise provided, this Agreement shall not be construed in any manner that would limit either Party's authority or powers under law. SECTION NO. 24: HEADINGS The Section and subsection headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to, define, limit or extend the scope or intent of the sections to which they appertain. SECTION NO. 25: ALL WRITINGS CONTAINED HEREIN This written Agreement, together with the Exhibits attached hereto, constitutes the entire and complete understanding and agreement between the Parties respecting the subject matter hereof and cancels and supersedes any and all prior and contemporaneous negotiations, correspondence,understandings, and agreements between the Parties,whether oral or written, regarding such subject matter. No agreement or understanding varying or extending this Agreement will be binding upon any Party,unless set forth in writing which specifically refers to the Agreement that is signed by duly authorized officers or representatives of the respective Parties, and the provisions of the Agreement not specifically amended thereby will remain in full force and effect. This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties. Parties have read and understand the whole of the above Agreement and now state that no representations,promises or agreements not expressed in this Agreement have been made to induce either to execute the same. SECTION NO. 26: COUNTERPARTS This Agreement may be executed in any number of multiple signed originals, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. SECTION NO. 27: AGREEMENT TO BE FILED COUNTY shall file this Agreement with such offices or agencies as required by chapter 39.34 RCW. SECTION NO. 28: TIME OF ESSENCE OF AGREEMENT Time is of the essence of this Agreement and in case any Party fails to perform the obligations on its part to be performed at the time fixed for the performance of the respective obligation by the terms of this Agreement, the other respective Party may, at its election, hold the other Party liable for all costs and damages caused by such delay. Page 19 of 29 SECTION NO. 29: CHAPTER 39.34 RCW REQUIRED CLAUSES A. Purpose. See Section No. 3 above. B. Agreement to be Filed. See Section No. 27 above. C. Duration. See Section No. 4 above. D. Termination. See Section No. 4 above. E. Organization of Separate Entity and Its Powers. No new or separate legal or administrative entity is created to administer the provisions of this Agreement. F. Responsibilities of the Parties. See applicable sections within Agreement. G. Property upon Termination. See Section Nos. 4.4 and 11 above. SECTION NO. 30: SEVERABILITY The Parties agree that if any parts,terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the Parties shall not be affected in regard to the remainder of the Agreement. If it should appear that any part,term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. 31: THIRD PARTY BENEFICIARIES. This Agreement is intended for the benefit of COUNTY, CITY and SHERIFF and not for the benefit of any third parties. SECTION NO. 32. SURVIVAL Without being exclusive, Section Nos. 16, 20, and 21 of this Agreement shall survive any termination, expiration or determination of invalidity of this Agreement in whole or in part. Any other sections of this Agreement which, by their sense and context, are intended to survive shall also survive. SECTION NO. 33. MEDIA RELEASES AND CONTACT Media releases concerning law enforcement activities covered under this Agreement will be prepared by the SHERIFF'S Public Information Officer. Any such release of Page 20 of 29 information to the media that is deemed to be sensitive or likely to cause concern or alarm shall be provided to the City Manager before its release. CITY shall not issue any media releases regarding law enforcement activities covered under this Agreement without prior approval of the SHERIFF unless otherwise agreed by the Parties. SHERIFF will endeavor to have the Police Chief or designee interact with the media when appropriate. SHERIFF'S ability to interact with the media on CITY'S behalf shall not be limited by this section. SECTION NO. 34: MODIFICATION; AMENDMENT No modification or amendment to this Agreement shall be valid until the same is reduced to writing, in the form of an amendment, and executed with the same formalities as this present Agreement. This Agreement may only be modified in writing by the mutual written agreement of the Parties. SECTION NO. 35: COOPERATION The Parties agree to cooperate and work together to the best of their abilities to effectuate the purpose of this Agreement. SECTION NO. 36: NON-DISCRIMINATION During the performance of this Agreement, the Parties, their employees, and agents shall not discriminate against any person on the basis of race; religion; color; sex; gender identity and expression; medical conditions related to any sensory, mental, or physical condition; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law. SECTION NO. 37: NO SEPARATE LEGAL ENTITY This Agreement shall not create any separate legal entity. The only entities that shall exist pursuant to this Agreement shall be COUNTY, SHERIFF, and CITY. SECTION NO. 38: REMEDIES No remedy herein conferred upon any Party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.No single or partial exercise by any Party of any right,power,or remedy hereunder shall preclude any other or further exercise thereof. SECTION NO. 39: 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 a waiver of any other subsequent breach or nonperformance. Page 21 of 29 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. SECTION NO. 40: CONTRACT DOCUMENTS The Contract Documents consist of this Agreement and the other documents listed in this Agreement as Exhibits, and all modifications and amendments issued subsequent thereto. These form a contract and all are as fully a part of the contract as if attached to this Agreement or repeated herein.In the event of any inconsistency between the provisions of this Agreement and the documents listed below, the provisions of this Agreement will control and the order of precedence will be in the order listed. An enumeration of the contract documents is as follows: 1. This Agreement; and 2. Exhibit 1 — Services Provided to CITY by SHERIFF; and 3. Exhibit 2—Performance Indicators and Workload Indicators; and 4. Exhibit 3 —Dedicated CITY Officers; and 5. Exhibit 4—Combined Number of Officers in Shared Units; and 6. Exhibit 5 —City Patrol Districts; and 7. Amendments or Modifications to this Agreement. SECTION 41: EXECUTION AND APPROVAL The Parties warrant that the officers/individuals executing below have been duly authorized to act for and on behalf of the Party for purposes of confirming this Agreement. [ Signatures on Next Page 1 Page 22 of 29 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date and year opposite their respective signatures. DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON MARY KUNEY, Chair ATTEST: CLERK OF THE BOARD AL FRENCH, Vice-Chair BY: GINNA VASQUEZ JOSH KERNS, Commissioner ********** DATED: SPOKANE COUNTY SHERIFF: OZZIE KNEZOVICH ********** DATED: CITY OF SPOKANE VALLEY: JOHN HOHMAN, City Manager Attest: CHRISTINE BAINBRIDGE City Clerk Approved as to form only: Office of the City Attorney Page 23 of 29 Exhibit 1 —Services Provided to CITY by SHERIFF CITY Dedicated Service Units CITY Police Depaitiiient Administration (Chief, Assistant Chief, Sergeant) Patrol Traffic Unit (Enforcement and Investigation) Community ServicesCrime Prevention Domestic Violence Unit (Investigation and Mitigation) School Resource Officers K-9 Spokane Valley Investigative Unit (Property and Drug Crimes InvestigationsA Shared Service Units Major Crimes Unit (Investigation of Crimes Against Persons) Special Assault Unit (Sex Crimes Investigation) Spokane County Investigative Unit: (Property and Drug Crimes Investigations; Lieutenant only) Joint Terrorism Task Force Safe Streets (Drug Task Force and Gang Enforcement) Emergency Operations Team-(Marine and Search and Rescue) Public Information Officer Training Office/Professionalof Professional Standards (Investigations of complaints against officers and use of force) SHERIFF'S Community Oriented Policing Effort/ SHERIFF'S Incident Response Team Spokanc Regional Emergency Communications services Radio Dispatch, Crimc Chcck, Computer Aided Dispatch, Communications Air Support UnitHelicopter Forensics Records Management Property Storage Explosive Disposal Regional Investigative Group 9_—LCrime Analysisl GarageFleet Maintenance Firing Range Fleet SWAT}LHostage Negotiation Tac Teamtical Unit (Crowd Control) Extra Duty Employment Reservist and Explorer Units Civilian Administrative Support Services Provided by Outside Agencies through Contract with the Sheriff's Office Spokane Regional Emergency Communications_ services 1SREC) —R aio Dis„ate Crime Check, Computer Aided Dispatch, Communications Page 24 of 29 Records Management Property Storage SHERIFF'S Community Oriented Policing Effort (S.C.O.P.E.) Regional Services — Services provided as COUNTY responsibility at no additional costs. Civil Marine Patrol SHERIFF Sex Offender Registration Self-Sustaining Services (No Charge to City) Traffic School: Paid for by participant fees. Extra Duty Employment: Paid for by client fees. Page 25 of 29 Exhibit 2 —Performance Measures and Workload Indicators Workload Indicators (Provided quarterly unless otherwise agreed) Total incidents per Dedicated CITY Patrol Officer per shift Total citizen initiated Calls for Service Total citizen initiated Calls for Service with Dedicated CITY Patrol Officer response Total Dedicated CITY Officer initiated incidents Total Dedicated CITY Officer involved incidents Total incidents requiring written documentation Total incidents resulting in custodial arrest Total traffic non-criminal infractions/citations issued Total traffic control requests worked Total traffic collisions investigated Total Major Crime investigations Total Sex Crime investigations AAnnual) Total Property/Drug Crime investigations (Annual) Behavioral Health Deputy—To match 2021 WASPC Grant Report(Annual) Separate Agency (Data provided as made available by agency) SCOPE -Number of active volunteers SCOPE—Number of volunteer hours SCOPE—Number of business checks, vacation checks, tagged vehicles, towed vehicles and parking citations Performance Measures (Provided quarterly unless otherwise agreed) Average patrol staffing per shift Contracted Position Fill Rate (Identify positions that are active, in training, and unfilled). Training Completion Rate(Percentage of hired officer candidates that complete all phases of training and probationary period). Citizen complaints per 1,000 Dedicated CITY Officer incidents (Annual) Outcome of complaint investigations (% sustained, not sustained, exonerated, unfounded, pending, changed to inquiry) (Annual) Complaints per 1,000 Dedicated CITY Officer incidents Outcome of use of force incidents (%within policy and not within policy) (Annual) Average response time for priority 1, 2, and 3 Calls for Service Percentage of Calls for Service with deputy response Percentage of incidents that were deputy initiated Percentage of solvable property crime cases assigned(Annual) Percentage of assigned cases solved by investigative unit(Assigned) Percentage of assigned cases solved by charges filed by investigative unit(Assigned) State defined cGollisions per capita(Informative only) Percentage of traffic complaints worked Actual to Budget Cost Comparisons for all Dedicated and Shared units (Salary, overtime, fuel) I Behavioral Health Deputy—Time Saved (As long as data is required by State) Page 26 of 29 Exhibit 3 - Dedicated CITY Officers Administrative Police Chief/Undersheriff 1 Assistant Chief/Inspector 1 Sergeant 1 Patrol Lieutenant 2 Sergeant 9 Deputies 47 K-9 Deputies 3 Traffic Sergeant 1 Detectives/Corporal 1 Deputies 5 Community Services Deputy 1 Behavioral Health Deputy 1 Homeless Services Deputy 1 Domestic Violence Detective/Corporal 1 School Resource Officer Deputies 4 Property and Dru2 Crimes Sergeant 1 Detectives 10 Deputy 1 Total Dedicated Officers 91 Page 27 of 29 Exhibit 4 - Combined Number of Officers in Shared Units Administration (Technical Support) Sergeant 1 Investigations Undersheriff 1 Lieutenant 1 DEA Deputy 1 Major Crimes Sergeant 1 Detectives 8 Sex Crimes Sergeant 1 Detectives 7 Investigative Task Force Spokane County Investigative Unit(SCIU) Lieutenant 1 Regional Intelligence Group Detective 1 Joint Terrorism Task Force Detective 1 Safe Streets (Dru2 and Gangs) Sergeant 1 Detectives 3 Deputies 1 Emergency Operations Team Deputy 2 Public Information Officer Corporal 1 Professional Standards Lieutenant 1 Training Sergeant 3 Corporal _-1- Deputies 1 Total Permanent Shared Officers 37 (CITY Share Based on Usa2e)Tetitt Permanent Sharcd Officcrs (CITY Sharc Based on Usage) Page 28 of 29 1 Exhibit 5 - CITY Patrol Districts '� co Francis J I '1. + ( — �4_ .{ _ cot., •0 J rr9s Val\€1 J'r W Ilesley ''--' f tinkoua L C",At ot Spc una w �� Ll > P g I { 'IIi m Lake I l 16th - lt. u .' �� IN l '' c 32ndi _ ,1 b Cr- IT1�44i1. � 2` f �'� �* �� I r - A .I_ �� f k --.rpe I 4 / e it �� i ( 9 (.,��, �m� l,-�-4f V J — 1 �i Jacksdni - ;Mlles Spokane Valley Police Districts 1-6 4 vac.la Apiooa Page 29 of 29 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 22, 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: Fire Department Report GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Fire Chief Soto will give a report on his department's monthly activities. OPTIONS: Discussion/information RECOMMENDED ACTION OR MOTION: Discussion/information BUDGET/FINANCIAL IMPACTS: n/a STAFF CONTACT: ATTACHMENTS: PowerPoint V9l Spokane Valley Council Presentation (NT) ,4 EST 9°° Frank Soto Jr - Fire Chief FIRE DEPT October 2022 1 About SVFD Our Mission: We are Professionals who care for our Community through Emergency Response and Risk Reduction • Established in 1940, we now serve 136,000+ citizens across 75 square miles • Governed by a 5-member elected Board of Fire Commissioners • Employ 196 personnel — 166 responders and 3o support • Received 22,433 total calls for service in 2021 • Deliver Emergency Medical Services (EMS)to 82% of annual calls • Driven by 5-year Strategic Plan (2018 — 2023) developed by community leaders and stakeholders to ensure we meet the needs of our citizens • Fiscally responsible — no long-term bonded debt In case you don't know SVFD is an : All-hazard Agency or • Emergency Medical • Rescue Task Force I Services (EMS) ii • Helicopter Rescue ' • Structural Fire ' a 1 • Fire Prevention - . ''''''V 1 • Wildland Fire 1 -A• Fire Inspections andlit'i% �' • Haz-Mat Response Investigations a , -4 j" r • Technical Rescue • Permitting � ' `: -=_'gy p + • Water Rescue • Community Risk fir- idtp { f' Reduction (CRR) �` " - • MotorVehicle Accidents 4 and Extrications • Fire and EMS Education — - r., ;, Key Initiatives • Prevention and Firefighting practices that save lives and property • Nationally recognized for Community Risk Reduction Program • PIT Crew CPR Practices 4 �J J $1.8M Lost 79 o Installs 72% Above $103 Saved (average per year, last 5 years) National Average ( average per year, last 5 years ) (Last 3 years of data) 11 Lives Saved (2016 - 2021) 116 Lives Saved (2014-2021) Heart Safe Community Award Invested In Nationally recognizedby the IAFC as one Communityof the best places in USA to survive cardiac arrest or heart attack. 5 _,, , . . �� ,� � �� zozz Incidentvolume � - + 80 % Growth Increase from zo1 �,_ 3 s _ , . i:_,. '0 : � + 6296 : ir: h15 e The area we serve* is -� e � � . , �lv experiencing growth ��- �" 60,7Increase in average calls p g g -�-�� "," t�� ame + o per day from 2021 i l I + 9 o Population growth since a zolg �, P *SVFD serves the Cities of Spokane Valley, ' i• � Liberty Lake, Millwood, and parts of ii i' al unincorporated Spokane County, including the _ ) communities of Otis Orchards, Pasadena Park, =— i We arebusy! ib and the area surrounding Liberty Lake with a li combined population of 3.36,000. ; 6 October Call Totals Year to Date Totals • Total Incidents — l,g2g • Total Incidents — 18, 979 • Total Responses 2,347 • Total Responses — 22, 552 NsE 411n* • -•e CST )4 c�� r FIRE DEPT 7 I ' 2021 SVFD Response Heat Map - All 911 Calls _f_. .1 ____H) , pd _ re N x. 1 I E JOSE4H AVE E ROWAN AVE E VALLE'1 P Rtix E WELLESLEM AVEAY€ z � m..- a E UPRIVERpR i i . - aa se .- z 44 90 K O, £ELICLII3 AVE EMI .:V PK z z E EUCLID AVE_.... _ _z E PREUERICK AVE - - PP �' :UCREYE - pYpe � �pNTGOMEIgj SEE 90 `� � E 411�0 ,- L IND IANA AVE an / tri -r�'�_ EMISSION A'' a E MISSION AVE a V�r pp 'Ayr r �� o _ ¢ o W, a E8ROA0 \"AVE F I z ILI .W Z y P z E SPRAGUE AVER z IMIa mE 3RD AVE 1p el I E SPRAGUE AVE r �.,..E APPLEY.AY BLVD t E4TH AVE oo W M PM a E 4E 9TH - LL ! 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AVE " E 32ND AYE - South 1'Zlh-y x9 Legend 1 17171 F 17nA X.e .-s7I1-I AYE E =SVFD Boundary 2022 YID Incident I10#Spots - e ' [J 1,,- tRRE Avr y u 1111111 F 4 AVE cs $ — High 0 0.� 2 Esa ., )4\ CIF Miles l 2020 Levy Dollars in Action Key 2020 M &O Voter Approved Item — 3 New Engines • New Engine 9 went into service replacing a 14-year-old front line Engine with 160,000 miles and 13,225 engine hours. • Upcoming — New Engine 4 and New Engine 5 FIRE DEPT E� U4 424. INT) EST.190 FIRE DEPT • Questions? • Visit s okanevalle fire.com for more p Y information 12 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 22,2022 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 franchise with the Coeur d'Alene Tribe of Indians for installation and maintenance of fiber optics telecommunications facilities. GOVERNING LEGISLATION: RCW 35A.47.040; RCW 35A.11.020; and chapter 35.99 RCW. PREVIOUS COUNCIL ACTION TAKEN: Approval of Ordinance 12-017 on July 10,2012. BACKGROUND: In 2012, Council approved a franchise with the Coeur d'Alene Tribe of Indians for installation and maintenance of fiber optics telecommunications facilities within the boundaries of the City of Spokane Valley. That franchise recently expired, and the Tribe has requested that the City grant it a new franchise on the same or similar terms. The attached draft franchise would accomplish that. There are three minor substantive differences in this draft from Ordinance 12-017,as follows: 1) - Section 4.2,added a new(C)to reflect that if Grantee adds more capacity after having the City go to full market rate for use of dark fiber,then the City's right to access dark fiber is restored under the previous terms. This would put the City back in the position it had been in under 4.2 (A) and(B); 2) Section 20,this is what the City now requires of all Grantees. In short,a grantee cannot abandon its facilities in the right-of-way,thus transferring the cost of removal from the Grantee to the City and its taxpayers. There are options for delayed removal,but the cost of removal must ultimately be borne by the Grantee; 3) Section 28,the minimum level of insurance is being raised from $1 million per occurrence and$2 million aggregate,to $2 million per occurrence and$2 million aggregate. This reflects what the City's liability provider requests that the City require,and is what the City now requires of all franchisees and nearly every contractor/consultant. There are other minor changes from the prior franchise to this proposed franchise that relate mostly to updating the title of the "Public Works Director"to the "Community and Public Works Director." The Tribe has reviewed this draft and is in agreement with its terms for a new 10-year franchise. Staff is seeking consensus to place this proposed franchise ordinance on a future agenda for a first reading. OPTIONS: (1) Consensus to place on a future agenda for an ordinance reading; or(2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: Consensus to place on a future agenda for an ordinance first reading. BUDGET/FINANCIAL IMPACTS: None anticipated. STAFF CONTACT: Tony Beattie, Senior Deputy City Attorney; Cary Driskell, City Attorney. ATTACHMENTS: Draft franchise granting the Coeur d'Alene Tribe of Indians a 10-year franchise to construct and operate fiber optic telecommunications facilities in the City's rights-of-way. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO.22-0 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING A NON-EXLUSIVE FRANCHISE TO THE COEUR D'ALENE TRIBE OF INDIANS TO CONSTRUCT, MAINTAIN AND OPERATE TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF SPOKANE VALLEY, AND OTHER MATTERS RELATING THERETO. WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate "nonexclusive franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels, for water, sewer and other private and publicly owned and operated facilities for public service"; and WHEREAS, RCW 35A.47.040 further requires that "no ordinance or resolution granting any franchise in a code city for any purpose shall be adopted or passed by the city's legislative body on the day of its introduction nor for five days thereafter, nor at any other than a regular meeting nor without first being submitted to the city attorney, nor without having been granted by the approving vote of at least a majority of the entire legislative body, nor without being published at least once in a newspaper of general circulation in the city before becoming effective"; and WHEREAS, this Ordinance has been submitted to the city attorney prior to its passage; and WHEREAS, the Council finds that the grant of the Franchise contained in this Ordinance, subject to its terms and conditions, is in the best interests of the public, and protects the health, safety, and welfare of the citizens of this City. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. Definitions. For the purpose of this Ordinance, the following words and terms shall have the meaning set forth below: "City Manager" means the City Manager or designee. "Community and Public Works Director" shall mean the Spokane Valley Community and Public Works Director or his/her designee. Coeur d'Alene Tribe Franchise,Ordinance# Page 1 of 17 DRAFT "construction" or "construct" shall mean constructing, digging, excavating, laying, testing, operating, extending, upgrading, renewing, removing, replacing, and repairing a facility. "day" shall mean a 24-hour period beginning at 12:01 Alva. If a thing or act is to be done in less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of time. "franchise" (sometimes referred to as Ordinance) shall mean the legal document issued by the City which grants rights to Grantee to construct and operate its telecommunication facilities as set forth herein. "franchise area" shall mean the entire geographic area within the City as it is now constituted or may in the future be constituted. "hazardous substances" shall have the same meaning as RCW 70.105D.020(10). "maintenance, maintaining or maintain" shall mean the work involved in the replacement and/or repair of facilities, including constructing, relaying, repairing, replacing, examining, testing, inspecting, removing, digging and excavating, and restoring operations incidental thereto. "permittee" shall mean a person or entity who has been granted a permit by the Permitting Authority. "permitting authority" shall mean the City Manager or designee authorized to process and grant permits required to perform work in the rights-of-way. "product" shall refer to the item, thing or use provided by the Grantee. "public property" shall mean any real estate or any facility owned by the City. "right-of-way" shall refer to the surface of and the space along, above, and below any street, road, highway, freeway, lane, sidewalk, alley, court, boulevard, parkway, drive, Grantee easement, and/or public way now or hereafter held or administered by the City. "streets" or"highways" shall mean the surface of, and the space above and below, any public street, road, alley or highway, within the City used or intended to be used by the general public, to the extent the City has the right to allow the Grantee to use them. "telecommunications facilities" shall mean any of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to furnish and deliver telecommunications services, including but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, communication and signal Coeur d'Alene Tribe Franchise,Ordinance# Page 2 of 17 DRAFT lines and equipment, braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications services. The abandonment by Grantee of any telecommunications facilities as defined herein shall not act to remove the same from this definition. Section 2. Grant of Franchise. The City of Spokane Valley, a Washington municipal corporation (hereinafter the "City"), hereby grants unto the Coeur d'Alene Tribe of Indians (hereinafter "Grantee"), a franchise for a period of 10 years, beginning on the effective date of this Ordinance, to install, construct, operate, maintain, replace and use all necessary equipment and facilities to place telecommunications facilities in, under, on, across, over, through, along or below the public rights-of-way and public places located in the City of Spokane Valley, as approved under City permits issued pursuant to this franchise (hereinafter the "franchise"). This franchise does not permit Grantee to use such facilities to provide cable services as defined by 47 C.F.R. § 76.5(ff). Section 3. Fee. No right-of-way use fee is imposed for the term of this franchise. Any such right-of-way use or franchise fee that may be imposed by subsequent ordinance would apply to any subsequent franchise, if any, between the parties. Section 4. City Use. The following provisions shall apply regarding City use. A. Grantee agrees to reserve to the City the right to access four dark fiber strands (2 pair) along the route identified in Exhibit A as adopted or amended, within the boundaries of the City, for sole and exclusive municipal use or designation (the "City Reserved Fibers"). City agrees that it shall not use the City Reserved Fibers as a public utility provider of telecommunications business service to the public. B. The City shall have the right to access by connection to the City Reserved Fibers at existing Grantee splice points or reasonably established access points within the City limits. The City shall provide at least 30 days written notice of intent to access the City Reserved Fibers. Upon any access or use of the City Reserved Fibers, City shall pay Grantee a recurring monthly charge of $20.00 per fiber pair per mile in use by the City (the "City Fiber Rate") unless otherwise specifically agreed by both the parties in writing and shall enter into Grantee's standard "Fiber License Agreement" which shall govern the terms and conditions for use of the City Reserved Fibers. Said recurring monthly charge shall not be imposed until such time as the fiber is put into use by the City. C. In the event the City Reserved Fibers are the last fibers remaining in Grantee's fiber bundle, then the following shall apply: 1. If the City is using the fibers, then the rate the City shall pay Grantee will change from the City Fiber Rate to Grantee's standard commercial rate. 2. If the City is not using the fibers, the City shall have the option of abandoning the City Reserved Fibers in lieu of paying Grantee's standard commercial rate. Coeur d'Alene Tribe Franchise,Ordinance# Page 3 of 17 DRAFT 3. If Grantee installs additional fiber capacity, the City's right to use four dark fiber strands as set forth in subsections A and B, immediately above, shall again be in effect. D. The City shall pay all costs associated with constructing any connection to the City Reserved Fibers. The City Reserved Fibers shall have a term that matches the duration of this Franchise Ordinance ("Reserved Fiber Term"). E. Consistent with RCW 35.99.070, at such time when Grantee is constructing, relocating, or placing ducts or conduits in public rights-of-way, the Community and Public Works Director may require Grantee to provide the City with additional duct or conduit and related structures, at incremental cost, necessary to access the conduit at mutually convenient locations. Any ducts or conduits provided by Grantee under this section shall only be used for City municipal purposes. 1. The City shall not require that the additional duct or conduit space be connected to the access structures and vaults of the Grantee. 2. This section shall not affect the provision of an institutional network by a cable television provider under federal law. 3. Grantee shall notify the Community and Public Works Director at least 14 days prior to opening a trench at any location to allow the City to exercise its options as provided herein. Section 5. Recovery of Costs. Grantee shall reimburse the City for all costs of one publication of this franchise in a local newspaper, and required legal notices prior to any public hearing regarding this franchise, contemporaneous with its acceptance of this franchise. Grantee shall be subject to all permit and inspection fees associated with activities undertaken through the authority granted in this franchise or under City Code. Grantee shall be subject to all permit and inspection fees associated with activities undertaken through the authority granted in this franchise or under City Code. Section 6. Non-Exclusivity. This franchise is granted upon the express condition that it shall not in any manner prevent the City from granting other or further franchises or permits in any rights-of-way. This and other franchises shall, in no way,prevent or prohibit the City from using any of its rights-of-way or affect its jurisdiction over them or any part of them. Section 7. Non-Interference with Existing Facilities. The City shall have prior and superior right to the use of its rights-of-way and public properties for installation and maintenance of its facilities and other governmental purposes. The City hereby retains full power to make all changes, relocations, repairs, maintenance, establishments, improvements, dedications or vacation of same as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new rights-of-way, streets, avenues, thoroughfares and other public properties of every type and description. Any and all such removal or replacement shall be at the sole expense of the Grantee, unless RCW 35.99.060 provides otherwise. Should Grantee fail to remove, adjust or relocate its telecommunications facilities by the date established by the Coeur d'Alene Tribe Franchise,Ordinance# Page 4 of 17 DRAFT Community and Public Works Director's written notice to Grantee and in accordance with RCW 35.99.060, the City may cause and/or effect such removal, adjustment or relocation, and the expense thereof shall be paid by Grantee. The owners of all utilities, public or private, installed in or on such public properties prior to the installation of the telecommunications facilities of the Grantee, shall have preference as to the positioning and location of such utilities so installed with respect to the Grantee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such public properties. Grantee's telecommunications facilities shall be constructed and maintained in such manner as not to interfere with any public use, or with any other pipes, wires, conduits or other facilities that may have been laid in the rights-of-way by or under the City's authority. If the work done under this franchise damages or interferes in any way with the public use or other facilities, the Grantee shall wholly and at its own expense make such provisions necessary to eliminate the interference or damage to the satisfaction of the Community and Public Works Director. Section 8. Construction Standards. All work authorized and required hereunder shall comply with all generally applicable City Codes and regulations. Grantee shall also comply with all applicable federal and state regulations, laws and practices. Grantee is responsible for the supervision, condition, and quality of the work done, whether it is by itself or by contractors, assigns or agencies. Application of said federal, state, and City Codes and regulations shall be for the purposes of fulfilling the City's public trustee role in administering the primary use and purpose of public properties, and not for relieving the Grantee of any duty, obligation, or responsibility for the competent design, construction, maintenance, and operation of its telecommunications facilities. Grantee is responsible for the supervision, condition, and quality of the work done, whether it is by itself or by contractors, assigns or agencies. If Grantee shall at any time be required, or plan, to excavate trenches in any area covered by this franchise, the Grantee shall afford the City an opportunity to permit other franchisees and utilities to share such excavated trenches, provided that: (1) such joint use shall not unreasonably delay the work of the Grantee; and (2) such joint use shall not adversely affect Grantee's telecommunications facilities or safety thereof. Joint users will be required to contribute to the costs of excavation and filling on a pro-rata basis. Section 9. Protection of Monuments. Grantee shall comply with applicable state laws relating to protection of monuments. Section 10. Tree Trimming. The Grantee shall have the authority to conduct pruning and trimming for access to Grantee's telecommunications facilities in the rights-of-way subject to compliance with the City Code. All such trimming shall be done at the Grantee's sole cost and expense. Section 11. Emergency Response. The Grantee shall, within 30 days of the execution of this franchise, designate one or more responsible people and an emergency 24-hour on-call personnel and the procedures to be followed when responding to an emergency. After being notified of an Coeur d'Alene Tribe Franchise,Ordinance# Page 5 of 17 DRAFT emergency, Grantee shall cooperate with the City to immediately respond with action to aid in the protection the health and safety of the public. In the event the Grantee refuses to promptly take the directed action or fails to fully comply with such direction, or if emergency conditions exist which require immediate action to prevent imminent injury or damages to persons or property, the City may take such actions as it believes are necessary to protect persons or property and the Grantee shall be responsible to reimburse the City for its costs and any expenses. Section 12. One-Call System. Pursuant to chapter 19.122 RCW, Grantee is responsible for becoming familiar with, and understanding, the provisions of Washington's One-Call statutes. Grantee shall comply with the terms and conditions set forth in the One-Call statutes. Section 13. Safety. All of Grantee's telecommunications facilities in the rights-of-way shall be constructed and maintained in a safe and operational condition. Grantee shall follow all safety codes and other applicable regulations in the installation, operation, and maintenance of the telecommunications facilities. Section 14. Movement of Grantee's Telecommunications Facilities for Others. Whenever any third party shall have obtained permission from the City to use any right—of-way for the purpose of moving any building or other oversized structure, Grantee, upon at least 14 days' written notice from the City, shall move, at the expense of the third party desiring to move the building or structure, any of Grantee's telecommunications facilities that may obstruct the movement thereof; provided, that the path for moving such building or structure is the path of least interference to Grantee's telecommunications facilities, as determined by the City. Upon good cause shown by Grantee, the City may require more than 14 days' notice to Grantee to move its telecommunications facilities. Section 15. Acquiring New Telecommunications Facilities. Upon Grantee's acquisition of any new telecommunications facilities in the rights-of-way, or upon any addition or annexation to the City of any area in which Grantee retains any such telecommunications facilities in the rights-of-way, the Grantee shall submit to the City a written statement describing all telecommunications facilities involved, whether authorized by franchise or any other form of prior right, and specifying the location of all such facilities. Such facilities shall immediately be subject to the terms of this franchise. Section 16. Dangerous Conditions - Authority of City to Abate. Whenever excavation, installation, construction, repair, maintenance, or relocation of telecommunications facilities authorized by this franchise has caused or contributed to a condition that substantially impairs the lateral support of the adjoining right-of-way, road, street or other public place, or endangers the public, adjoining public or private property or street utilities, the City may direct Grantee, at Grantee's sole expense, to take all necessary actions to protect the public and property. The City may require that such action be completed within a prescribed time. In the event that Grantee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate Coeur d'Alene Tribe Franchise,Ordinance# Page 6 of 17 DRAFT action, the City may enter upon the property and take such actions as are necessary to protect the public, adjacent public or private property, or street utilities, or to maintain the lateral support thereof, and all other actions deemed by the City to be necessary to preserve the public safety and welfare; and Grantee shall be liable to the City for all costs and expenses thereof to the extent caused by Grantee. Section 17. Hazardous Substances. Grantee shall comply with all applicable federal, state and local laws, statutes, regulations and orders concerning hazardous substances relating to Grantee's telecommunications facilities in the rights—of-way. Grantee agrees to indemnify the City against any claims, costs, and expenses, of any kind, whether direct or indirect, incurred by the City arising out of the release or threat of release of hazardous substances caused by Grantee's ownership or operation of its telecommunications facilities within the City's right-of-way. Section 18. Environmental. Grantee shall comply with all environmental protection laws, rules, recommendations, and regulations of the United States and the State of Washington, and their various subdivisions and agencies as they presently exist or may hereafter be enacted, promulgated, or amended, and shall indemnify and hold the City harmless from any and all damages arising, or which may arise, or be caused by, or result from the failure of Grantee fully to comply with any such laws, rules, recommendations, or regulations, whether or not Grantee's acts or activities were intentional or unintentional. Grantee shall further indemnify the City against all losses, costs, and expenses (including legal expenses) which the City may incur as a result of the requirement of any government or governmental subdivision or agency to clean and/or remove any pollution caused or permitted by Grantee, whether said requirement is during the term of the franchise or subsequent to its termination. Section 19. Relocation of Telecommunications Facilities. Grantee agrees and covenants, at its sole cost and expense, to protect, support, temporarily disconnect, relocate or remove from any street any of its telecommunications facilities when so required by the City in accordance with the provisions of RCW 35.99.060, provided that Grantee shall in all such cases have the privilege to temporarily bypass, in the authorized portion of the same street upon approval by the City, any section of its telecommunications facilities required to be temporarily disconnected or removed. If the City determines that the project necessitates the relocation of Grantee's then- existing telecommunications facilities, the City shall: A. At least 60 days prior to the commencement of such improvement project, provide Grantee with written notice requiring such relocation; and B. Provide Grantee with copies of pertinent portions of the plans and specifications for such improvement project and a proposed location for Grantee's telecommunications facilities so that Grantee may relocate its telecommunications facilities in other City rights-of-way in order to accommodate such improvement project. C. After receipt of such notice and such plans and specification, Grantee shall complete relocation of its telecommunications facilities at no charge or expense to the City in order to Coeur d'Alene Tribe Franchise,Ordinance# Page 7 of 17 DRAFT accommodate the improvement project in accordance with RCW 35.99.060(2). Grantee may, after receipt of written notice requesting a relocation of its telecommunications facilities, submit to the City written alternatives to such relocation. The City shall evaluate such alternatives and advise Grantee in writing if one or more of the alternatives are suitable to accommodate the work which would otherwise necessitate relocation of the telecommunications facilities. If so requested by the City, Grantee shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Grantee full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative, Grantee shall relocate its telecommunications facilities as otherwise provided in this section. The provisions of this section shall in no manner preclude or restrict Grantee from making any arrangements it may deem appropriate when responding to a request for relocation of its telecommunications facilities by any person or entity other than the City, where the telecommunications facilities to be constructed by said person or entity are not or will not become City owned, operated or maintained facilities, provided that such arrangements do not unduly delay a City construction project. If the City or a contractor for the City is delayed at any time in the progress of the work by an act or neglect of the Grantee or those acting for or on behalf of Grantee, then Grantee shall indemnify, defend and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorneys' fees to the extent arising out of or in connection with such delays, except for delays and damages caused by the City. This provision may not be waived by the parties except in writing. Section 20. Abandonment of Grantee's Telecommunications Facilities. A. Underground facilities: Grantee shall remove any facilities which have not been used to provide telecommunications services for a period of at least 90 days when: (a) a City project involves digging that will encounter the abandoned facility; (b) the abandoned facility poses a hazard to the health, safety, or welfare of the public; (c) the abandoned facility is 24 inches or less below the surface of the rights-of-way and the City is reconstructing or resurfacing a street over the rights-of-way; or(d)the abandoned facility has collapsed, broke, or otherwise failed. Grantee may, upon written approval by the City, delay removal of the abandoned facility until such time as the City commences a construction project in the rights-of-way unless (b) or (d) above applies. When (b) or (d) applies, Grantee shall remove the abandoned facility from the rights-of-way as soon as weather conditions allow, unless the City expressly allows otherwise in writing. B. Aboveground facilities: Grantee shall remove any facilities which have not been used to provide telecommunications services for a period of at least 90 days. C. The expense of the removal, and restoration of improvements in the rights-of-way that were damaged by the facility or by the removal process, shall be the sole responsibility of the Grantee. If Grantee fails to remove the abandoned facilities in accordance with the above, then the City Coeur d'Alene Tribe Franchise,Ordinance# Page 8 of 17 DRAFT may incur costs to remove the abandoned facilities and restore the rights-of-way, and is entitled to reimbursement from Grantee for such costs, including reasonable attorney's fees and costs. Section 21. Maps and Records Required. Grantee shall provide the City, at no cost to the City: A. A route map that depicts the general location of the Grantee's telecommunications facilities placed in the rights-of-way. The route map shall identify telecommunications facilities as aerial or underground and is not required to depict cable types, number of fibers or cables, electronic equipment, and service lines to individual subscribers. The Grantee shall also provide an electronic format of the aerial/underground telecommunications facilities in relation to the right-of-way centerline reference to allow the City to add this information to the City's Geographic Information System ("GIS") program. The information in this subsection shall be delivered to the City by December 1, annually. B. In addition to subsection A of this section, the City may request that Grantee provide the information described in subsection A of this section as needed for specific projects to avoid harm to Grantee's facilities. To the extent such requests are limited to specific telecommunications facilities at a given location within the franchise area in connection with the construction of any City project, Grantee shall provide to the City, upon the City's reasonable request, copies of available drawings in use by Grantee showing the location of such telecommunications facilities. Grantee shall field locate its telecommunications facilities in order to facilitate design and planning of City improvement projects. C. Upon written request of the City, Grantee shall provide the City with the most recent update available of any plan of potential improvements to its telecommunications facilities within the franchise area; provided, however, any such plan so submitted shall be deemed confidential and for informational purposes only, and shall not obligate Grantee to undertake any specific improvements within the franchise area. D. In addition to the requirements of subsection A of this section, the parties agree to periodically share GIS files upon written request, provided Grantee's GIS files are to be used solely by the City for governmental purposes. Any files provided to Grantee shall be restricted to information required for Grantee's engineering needs for construction or maintenance of telecommunications facilities that are the subject of this franchise. Grantee is prohibited from selling any GIS information obtained from City to any third parties. E. Public Disclosure Act. Grantee acknowledges that information submitted to the City may be subject to inspection and copying under the Washington Public Disclosure Act codified in chapter 42.56 RCW. Grantee shall mark as "PROPRIETARY/CONFIDENTIAL" each page or portion thereof of any documentation/information which it submits to the City and which it believes is exempt from public inspection or copying. The City agrees to timely provide the Grantee with a copy of any public disclosure request to inspect or copy documentation/information which the Grantee has provided to the City and marked as "PROPRIETARY/CONFIDENTIAL"prior to allowing any inspection and/or copying as well as provide the Grantee with a time frame, consistent with RCW 42.56.520, to provide the City with its written basis for non-disclosure of the requested documentation/information. In the event the Coeur d'Alene Tribe Franchise,Ordinance# Page 9 of 17 DRAFT City disagrees with the Grantee's basis for non-disclosure, the City agrees to withhold release of the requested documentation/information in dispute for a reasonable amount of time to allow Grantee an opportunity to file a legal action under RCW 42.56.540. Section 22. Limitation on Future Work. In the event that the City constructs a new street or reconstructs an existing street, the Grantee shall not be permitted to excavate such street except as set forth in the City's then-adopted regulations relating to street cuts and excavations. Section 23. Reservation of Rights by City. The City reserves the right to refuse any request for a permit to extend telecommunications facilities. Any such refusal shall be supported by a written statement from the Community and Public Works Director that extending the telecommunications facilities, as proposed, would interfere with the public health, safety, or welfare. Section 24. Remedies to Enforce Compliance. In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force Grantee and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Section 25. City Ordinances and Regulations. Nothing herein shall be deemed to direct or restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this franchise, including any reasonable ordinances made in the exercise of its police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations the location, elevation, and manner of construction and maintenance of any telecommunications facilities by Grantee, and Grantee shall promptly conform with all such regulations, unless compliance would cause Grantee to violate other requirements of law. In the event of a conflict between the Municipal Code and this franchise, City Code shall control. Section 26. Vacation. The City may vacate any City road, right-of-way, or other City property which is subject to rights granted by this franchise in accordance with state and local law. Any relocation of telecommunications facilities resulting from a street vacation shall require a minimum of 180 days notice as provided for in section 37. Section 27. Indemnification. A. Grantee hereby covenants not to bring suit and agrees to indemnify, defend, and hold harmless the City, its officers, employees, agents and representatives from any and all claims, costs,judgments, awards or liability to any person arising from injury, sickness, or death of any person or damage to property of any nature whatsoever relating to or arising out of this franchise agreement; except for injuries and damages caused solely by the negligence of the City. This includes but is not limited to injury: Coeur d'Alene Tribe Franchise,Ordinance# Page 10 of 17 DRAFT 1. For which the negligent acts or omissions of grantee, its agents, servants, officers or employees in performing the activities authorized by a franchise are the proximate cause; 2. By virtue of grantee's exercise of the rights granted herein; 3. By virtue of the City permitting grantee's use of the City's rights-of-ways or other public property; 4. Based upon the City's inspection or lack of inspection of work performed by grantee, its agents and servants, officers or employees in connection with work authorized on the facility or property over which the City has control, pursuant to a franchise or pursuant to any other permit or approval issued in connection with a franchise; 5. Arising as a result of the negligent acts or omissions of grantee, its agents, servants, officers or employees in barricading, instituting trench safety systems or providing other adequate warnings of any excavation, construction or work upon the facility, in any right- of-way, or other public place in performance of work or services permitted under a franchise; or 6. Based upon radio frequency emissions or radiation emitted from grantee's equipment located upon the facility, regardless of whether grantee's equipment complies with applicable federal statutes and/or FCC regulations related thereto. B. Grantee's indemnification obligations pursuant to subsection A of this section shall include assuming liability for actions brought by grantee's own employees and the employees of grantee's agents, representatives, contractors and subcontractors even though grantee might be immune under RCW Title 51 from direct suit brought by such an employee. It is expressly agreed and understood that this assumption of potential liability for actions brought by the aforementioned employees is limited solely to claims against the City arising by virtue of grantee's exercise of the rights set forth in a franchise. The obligations of grantee under this subsection have been mutually negotiated by the parties, and grantee acknowledges that the City would not enter into a franchise without grantee's waiver. To the extent required to provide this indemnification and this indemnification only, grantee waives its immunity under RCW Title 51. C. Inspection or acceptance by the City of any work performed by grantee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Provided, that grantee has been given prompt written notice by the City of any such claim, said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. The City has the right to defend or participate in the defense of any such claim, and has the right to approve any settlement or other compromise of any such claim. D. In the event that grantee refuses the tender of defense in any suit or any claim, said tender having been made pursuant to this section, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of grantee, then grantee shall pay all of the City's costs Coeur d'Alene Tribe Franchise,Ordinance# Page 11 of 17 DRAFT for defense of the action, including all reasonable expert witness fees, reasonable attorneys' fees, the reasonable costs of the City, and reasonable attorneys' fees of recovering under this subsection. E. Grantee's duty to defend, indemnify and hold harmless City against liability for damages caused by the concurrent negligence of(a) City or City's agents, employees, or contractors, and (b) Grantee or Grantee's agents, employees, or contractors, shall apply only to the extent of the negligence of Grantee or Grantee's agents, employees, or contractors. In the event that a court of competent jurisdiction determines that a franchise is subject to the provisions of RCW 4.24.115, the parties agree that the indemnity provisions hereunder shall be deemed amended to conform to said statute and liability shall be allocated as provided herein. F. Notwithstanding any other provisions of this section, grantee assumes the risk of damage to its telecommunication facilities located in the rights-of-way and upon City-owned property from activities conducted by the City, its officers, agents, employees and contractors, except to the extent any such damage or destruction is caused by or arises from any willful or malicious action or gross negligence on the part of the City, its officers, agents, employees or contractors. Grantee releases and waives any and all such claims against the City, its officers, agents, employees or contractors. Grantee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of grantee's facilities as the result of any interruption of service due to damage or destruction of grantee's facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors, except to the extent any such damage or destruction is caused by or arises from the sole negligence or any willful or malicious actions on the part of the City, its officers, agents, employees or contractors. G. The provisions of this section shall survive the expiration, revocation or termination of this franchise. Section 28. Insurance. Grantee shall procure and maintain for the duration of the franchise, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to Grantee, its agents,representatives or employees. Applicant's maintenance of insurance as required by this franchise shall not be construed to limit the liability of the Grantee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Automobile Liability insurance with limits no less than $1,000,000 Combined Single Limit per accident for bodily injury and property damage. This insurance shall cover all owned, non-owned, hired or leased vehicles used in relation to this franchise. 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; and B. Commercial General Liability insurance shall be written on Insurance Services Office Coeur d'Alene Tribe Franchise,Ordinance# Page 12 of 17 DRAFT (ISO) occurrence form CG 00 01, or a substitute form providing equivalent liability coverage acceptable to the City, and shall cover products liability. The City shall be a named as an insured under the Applicant's Commercial General Liability insurance policy using ISO Additional Insured-State or Political Subdivisions-Permits CG 20 12 or a substitute endorsement acceptable to the City providing equivalent coverage. Coverage shall be written on an occurrence basis with limits no less than $2,000,000 Combined Single Limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations; broad form property; explosion, collapse and underground(XCU); and Employer's Liability. The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The Grantee's insurance coverage shall be primary insurance with respect to the City as outlined in the Indemnification section of this franchise. Any insurance, self- insurance, or insurance pool coverage maintained by the City shall be in excess of the Grantee's insurance and shall not contribute with it. 2. The Grantee's insurance shall be endorsed to state that coverage shall not be cancelled, except after 30 days prior written notice has been given to the City. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Grantee shall furnish the City with original certificates and a copy of any amendatory endorsements, including the additional insured endorsement, evidencing the insurance requirements of the Grantee prior to the adoption of this Ordinance. Any failure to comply with the reporting provisions of the policies required herein shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Section 29. Performance Bond Relating to Construction Activity. Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this franchise, Grantee, or any parties Grantee contracts with to perform labor in the performance of this franchise, shall, upon the request of the City, furnish a bond executed by Grantee or Grantee's contractors and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City, in the amount of $25,000, as sufficient to ensure performance of Grantee's obligations under this franchise. The bond shall be conditioned so that Grantee shall observe all the covenants, terms, and conditions and shall faithfully perform all of the obligations of this franchise, and to repair or replace any defective work or materials discovered in the City's road, streets, or property. Said bond shall remain in effect for the life of this franchise. In the event Grantee proposes to construct a project for which the above-mentioned bond would not ensure performance of Grantee's obligations under this franchise, the City is entitled to require such larger bond as may be appropriate under the circumstances. Section 30. Modification. The City and Grantee hereby reserve the right to alter, amend, or Coeur d'Alene Tribe Franchise,Ordinance# Page 13 of 17 DRAFT modify the terms and conditions of this franchise upon written agreement of both parties to such alteration, amendment or modification. Section 31. Forfeiture and Revocation. If Grantee willfully violates or fails to comply with any of the provisions of this franchise, or through willful or unreasonable negligence fails to heed or comply with any notice given Grantee by the City under the provisions of this franchise, and an adequate opportunity to cure the violation or non-compliance has been given in writing to Grantee, then Grantee shall, at the election of the City, forfeit all rights conferred hereunder and this franchise may be revoked or annulled by the City after a hearing held upon reasonable notice to Grantee. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order from the Spokane County Superior Court compelling Grantee to comply with the provisions of this franchise and to recover damages and costs incurred by the City by reason of Grantee's failure to comply. Section 32. Assignment. This franchise may not be assigned or transferred without the written approval of the City, except that Grantee can assign this franchise without approval of, but upon notice to the City to, any parent, affiliate or subsidiary of Grantee or to any entity that acquires all or substantially all the assets or equity of Grantee, by merger, sale, consolidation, or otherwise. Section 33. Acceptance. Not later than 60 days after passage of this Ordinance, the Grantee must accept the franchise herein by filing with the City Clerk an unconditional written acceptance thereof. Failure of Grantee to so accept this franchise within said period of time shall be deemed a rejection thereof by Grantee, and the rights and privileges herein granted shall, after the expiration of the 60-day period, absolutely cease, unless the time period is extended by ordinance duly passed for that purpose. Section 34. Survival. All of the provisions, conditions and requirements of sections: 5, 6, 7, 8, 13, 16, 17, 18, 19, 20, 27, 28, 29, 37, 38 and 39 of this franchise shall be in addition to any and all other obligations and liabilities Grantee may have to the City at common law, by statute, by ordinance, or by contract, and shall survive termination of this franchise, and any renewals or extensions hereof. All of the provisions, conditions, regulations and requirements contained in this franchise shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of Grantee and City and all privileges, as well as all obligations and liabilities of Grantee shall inure to their respective heirs, successors and assigns equally as if they were specifically mentioned herein. Section 35. 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. In the event that any of the provisions of the franchise are held to be invalid by a court of competent jurisdiction, the City reserves the right to reconsider the grant of the franchise and may amend, repeal, add, replace or modify any other provision of the franchise, or may terminate the franchise. Section 36. Renewal. Application for extension or renewal of the term of this franchise shall Coeur d'Alene Tribe Franchise,Ordinance# Page 14 of 17 DRAFT be made no later than 180 days of the expiration thereof. In the event the time period granted by this franchise expires without being renewed by the City, the terms and conditions hereof shall continue in effect until this franchise is either renewed or terminated by the City. Section 37. Notice. Any notice or information required or permitted to be given by or to the parties under this franchise may be sent to the following addresses unless otherwise specified, in writing: The City: City of Spokane Valley Attn: City Clerk 10210 East Sprague Spokane Valley, WA 99206 Grantee: Coeur d'Alene Tribe of Indians Attn: IT Director 850 A Street Plummer, ID 83851 Phone: (208) 659-4578 Facsimile: (208) 686-5059 Section 38. Choice of Law. Any litigation between the City and Grantee arising under or regarding this franchise shall occur, if in the state courts, in the Spokane County Superior Court, and if in the federal courts, in the United States District Court for the Eastern District of Washington. Section 39. Non-Waiver. The City shall be vested with the power and authority to reasonably regulate the exercise of the privileges permitted by this franchise in the public interest. Grantee shall not be relieved of its obligations to comply with any of the provisions of this franchise by reason of any failure of the City to enforce prompt compliance, nor does the City waive or limit any of its rights under this franchise by reason of such failure or neglect. Section 40. Entire Agreement. This franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon execution and acceptance hereof. This franchise shall also supersede and cancel any previous right or claim of Grantee to occupy the City roads as herein described. Section 41. Effective Date. This Ordinance shall be in full force and effect five days after publication of the Ordinance or a summary thereof occurs in the official newspaper of the City of Spokane Valley as provided by law. PASSED by the City Council this day of , 2022. Pam Haley, Mayor ATTEST: Coeur d'Alene Tribe Franchise,Ordinance# Page 15 of 17 DRAFT Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Coeur d'Alene Tribe Franchise,Ordinance# Page 16 of 17 DRAFT Accepted by Coeur d'Alene Tribe of Indians: By: The Grantee, Coeur d'Alene Tribe of Indians, for itself, and for its successors and assigns, does accept all of the terms and conditions of the foregoing franchise. IN WITNESS WHEREOF, has signed this day of , 2022. Subscribed and sworn before me this day of , 2022. Notary Public in and for the State of residing in My commission expires Coeur d'Alene Tribe Franchise,Ordinance# Page 17 of 17 DRAFT ADVANCE AGENDA as of November 18,2022; 10:30 a.m. Please note this is a work in progress;items are tentative To: Council& Staff From: City Clerk,by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings Nov 29,2022—meeting cancelled—Thanksgiving holiday December 6,2022,Special meeting,4:00 p.m.—Legislators Dec 6,2022,Study Session,6:00 p.m. [due Tue Nov 29] ACTION ITEM: 1. Second Reading Ordinance 22-024 Amending Petty Cash Process—Dan Domrese (5 minutes) 2.Resolution 22-022 Amending Petty Cash Process—Chelsie Taylor (5 minutes) 3.Mayoral Appointment:Citizen to Spokane Housing Authority—Mayor Haley (5 minutes) NON-ACTION ITEMS: 4.Federal Legislative Agenda —Mike Pieper,Virginia Clough (20 minutes) 5.CenterPlace Catering Contract—Erik Lamb,John Bottelli (10 minutes) 6.Interlocal Agreement with City of Millwood—Cary Driskell (10 minutes) 7.Draft Fee Resolution for 2023 Master Fee Schedule—Chelsie Taylor (10 minutes) 8. Sprague Avenue Stormwater Project—Gloria Mantz,Jerremy Clark (15 minutes) 9.Chronic Nuisance—Erik Lamb,Chief Ellis (20 minutes) 10.Right-of-Way Maintenance—Bill Helbig (15 minutes) 11.Pavement Management Program Funding Options—Adam Jackson,Bill Helbig (15 minutes) 12.Advance Agenda—Mayor Haley (5 minutes) [*estimated meeting: 135 mins] Dec 13,2022,Formal Meetin2,6:00 p.m. [due Tue Dec 6] 1.Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Resolution 22-_Adopting Fees for 2023—Chelsie Taylor (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 (5 minutes) 6.Motion Consideration:Lodging Tax Awards for 2023 —Chelsie Taylor (15 minutes) 7.Admin Report: Sullivan/Trent Interchange—Jerremy Clark,Rob Lochmiller (15 minutes) 8.Yellowstone Franchise—Cary Driskell (10 minutes) 9.Admin Report: Graffiti Abatement Program—Erik Lamb (10 minutes) 10.Admin Report:Advance Agenda—Mayor Haley (5 minutes) 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. [due Tue Dec 13] 1.Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Motion Consideration: Sullivan/Trent Interchange—Gloria Mantz (10 minutes) 3.Admin Report:Neighborhood Restoration—Bill Helbig,Henry Allen (15 minutes) 4.Admin Report:Annexation Update—Mike Basinger (10 minutes) 5.Admin Report:Advance Agenda—Mayor Haley (5 minutes) 6.Info Only:Department Monthly Reports [*estimated meeting:45 mins] Dec 27,2022—meeting cancelled—Christmas holiday Jan 3,2023,Study Session,6:00 p.m. [due Tue Dec 27] 1.Advance Agenda—Mayor Haley (5 minutes) Jan 10,2023,Formal Meetin2,6:00 p.m. [due Tue Jan 3] 1.Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Mayoral Appointments: Councilmembers to Committees—Mayor Haley (10 minutes) 3.Mayoral Appointments:Planning Commission—Mayor Haley (5 minutes) 4.Mayoral Appointments:LTAC Committee—Mayor Haley (5 minutes) Draft Advance Agenda 11/18/2022 11:02:59 AM Page 1 of 2 5.Admin Report: Street Vacation 22-0003, 16th Ave&University Road—Levi Basinger (10 minutes) 6.Admin Report:Advance Agenda—Mayor Haley (5 minutes) [*estimated meeting:40 mins] Jan 17,2023,Study Session,6:00 p.m. [due Tue Jan 10] Proclamation: Community Risk Reduction Week ACTION ITEMS: 1.First Reading Ordinance for Stret Vacation,22-0003, 16th Ave&Univ.Road—Levi Basinger (5 minutes) NON-ACTION ITEMS: 2.Advance Agenda—Mayor Haley (5 minutes) Jan 24,2022,Formal Meeting,6:00 p.m. [due Tue Jan 17] 1.Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Ordinance for Street Vacation,22-0003, 16th Ave&Univ.Road—Levi Basinger (5 minutes) 3.Admin Report:Fire Dept Monthly Report—Chief Soto (10 minutes) 4.Admin Report:Advance Agenda—Mayor Haley (5 minutes) 5.Info Only:Department Monthly Reports [*estimated meeting:25 mins] Jan 31,2023,Study Session,6:00 p.m. [due Tue Jan 24] 1.Advance Agenda—Mayor Haley (5 minutes) February 7,2023,Study Session,6:00 p.m. [due Tue Jan 31] 1.Advance Agenda—Mayor Haley (5 minutes) February 14,2023,Formal Meeting,6:00 p.m. [due Tue Feb 7] 1.Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Admin Report:Advance Agenda—Mayor Haley (5 minutes) February 21,2023 Study Session,6:00 p.m. [due Tue Feb 14] 1.Advance Agenda—Mayor Haley (5 minutes) February 28,2023 Formal Meeting,6:00 p.m. [due Tue Feb 21] 1.Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Admin Report:Fire Dept Monthly Report—Chief Soto (10 minutes) 3.Admin Report:Advance Agenda—Mayor Haley (5 minutes) 4.Info Only:Department Monthly Reports March 7,2023,Study Session,6:00 p.m. [due Tue Feb 28] 1.Advance Agenda—Mayor Haley (5 minutes) March 14,2023,Formal Meeting,6:00 p.m. [due Tue March 7] 1.Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Admin Report:Advance Agenda—Mayor Haley (5 minutes) March 21,2023 Study Session,6:00 p.m. [due Tue March 14] 1.Advance Agenda—Mayor Haley (5 minutes) March 28,2023 Formal Meeting,6:00 p.m. [due Tue March 21] 1.Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Admin Report:Fire Dept Monthly Report—Chief Soto (10 minutes) 3.Admin Report:Advance Agenda—Mayor Haley (5 minutes) 4.Info Only:Department Monthly Reports *time for public or council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Airport Expansion Update Mirabeau Park Forestry Mgmt. SCRAPS Update Appleway Trail Amenities Outside Agency Grant Process St.Illumination(owners, cost, location) Basement space Park Lighting St.O&M Pavement Preservation CDBG Interlocal Pavement Mgmt.Funding Street Scaping,signs,trees,etc.-info item Consolidated Homeless Grant PFD Presentation Vehicle Wgt Infrastructure Impact Continuum of Care(info item) Prosecutor Services Water Districts&Green Space Core Beliefs Resolution Residency Way Finding Sign Draft Advance Agenda 11/18/2022 11:02:59 AM Page 2 of 2 City of Spokane Valley Community & Public Works Department Monthly Report 10/1/2022 - 10/31/2022 Page Title 1 Cover Sheet 2 Pre-Application Meeting Requested 3 Construction Applications Received 4 Engineering Applications Received 5 Land Use Applications Received 6 Construction Permits Issued 7 Engineering Permits Issued 8 Land Use Applications Completed 9 Inspections Performed 10 Code Enforcement 11 Revenue 12 Building Permit Valuations Created On: 11/4/2022 Page 1 of 12 Community & Public Works Department Monthly Report 10/1/2022 - 10/31/2022 Pre-Application Meeting Requested A Pre-Application Meeting is a service provided to help our customers identify the code requirements related to their project proposal Community & Public Works Department scheduled a total of 12 Pre-Application Meetings in OCTOBER 2022 Spokane Valley Pre-Application Meeting Requests 25 20 I 0 I I I III . . .i i I'll Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec •Commercial Pre-App Land Use Pre-App ** NOT SUBMITTED Jan Feb Mar Apr May Jun Jul L Aug Sep Oct Nov Dec Commercial Pre-App 4 7 18 7 3 5 6 11 11 7 Land Use Pre-App 6 9 5 3 16 11 4 5 8 5 ** NOT SUBMITTED 2 0 0 0 0 1 2 0 1 2 Monthly Totals 10 16 23 10 19 16 10 16 19 12 0 0 Annual-To-Date: 151 **NOT SUBMITTED is a new category created by SmartGov which separates permits that have not entered details or provided documents for reviev Created On: 11/4/2022 Page 2 of 12 Community & Public Works Department Monthly Report 10/1/2022 - 10/31/2022 Construction Applications Received The applications recevied are those that include projects for New, remodeled, and accessory buildings; Signs, Factory Assembled Structures (FAS), Trade, Roofs, and more. Community & Public Works Department recevied a total of 307 Construction Applications in OCTOBER 2022 Spokane Valley Construction Applications Received ma ii ! i ! iI ® ■ ■ ■ Mi ill Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec •Commercial New Commercial MFR Commercial TI •Commercial Trade Commercial Accessory •Residential SFR/Plex •Residential Remodel •Residential Addition •Residential Trade •Residential Accessory Demolition Sign •Re-Roof Factory Assembled •Other Construction *Other Construction applications include,Adult family Home Inspections,Cell tower modifications,solar panels,swimming pool/hot tub Jan Feb Mar Apr May Jun l Jul , Aug Sep Oct Nov Dec Commercial New 2 3 2 5 3 3 3 2 3 3 Commercial MFR 2 5 2 11 2 4 1 1 0 0 Commercial TI 13 12 24 16 15 19 8 15 11 10 Commercial Trade 47 23 28 34 25 127 43 29 37 37 Commercial Accessory 7 1 3 7 12 2 2 0 2 3 Residential SFR/Plex 22 15 7 28 23 14 11 35 27 10 Residential Remodel 18 12 23 16 19 17 25 6 19 13 Residential Addition 6 7 8 8 4 7 4 3 3 2 Residential Trade 150 163 181 218 172 189 184 223 133 140 Residential Accessory 9 5 15 9 12 14 10 12 9 10 Demolition 3 3 8 3 7 8 11 10 10 7 Sign 10 10 4 9 14 9 9 10 7 12 Re-Roof 31 46 89 78 86 108 98 93 84 39 Factory Assembled 2 0 3 1 2 0 0 2 0 1 AFH Inspection 0 5 3 3 5 3 5 1 3 2 Other Construction 8 11 6 15 12 18 24 35 17 18 **NOT SUBMITTED 29 47 42 53 52 55 43 0 50 45 Monthly Totals 330 321 406 461 413 542 438 477 365 307 0 0 Annual-To-Date: 4060 **NOT SUBMITTED is a new category created by SmartGov which separates permits that have not entered details or provided documents for review Created On: 11/4/2022 Page 3 of 12 Community & Public Works Department Monthly Report 10/1/2022 - 10/31/2022 Engineering Applications Received The applications received are those that include projects for all site work projects, such as Grading permits, Right-of-Way (ROW), approaches, and more. Community & Public Works Department received a total of 86 Engineering Applications in OCTOBER 2022 Engineering Applications Received 180 160 = 140 —, = 120 — _ 100 — l� — 80 m MI 60 40 20 0 1ml Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ■Engineered Grading Regular Grading Right-of-Way m Approach ■Clearing Et Grubbing ■**NOT SUBMITTED Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec J Engineered Grading 8 5 9 8 12 9 8 7 5 5 Regular Grading 1 2 2 0 1 1 0 3 Right-of-Way 63 90 92 95 117 103 129 83 89 66 Approach 9 14 6 10 10 10 13 11 7 12 Clearing&Grubbing 1 0 0 0 1 1 0 0 0 0 **NOT SUBMITTED 0 2 2 3 1 12 13 0 0 3 Monthly Totals I F 81 109 108 115 142 123 151 102 101 86 0 0 Annual-To-Date: 1118 **NOT SUBMITTED is a new category created by SmartGov which separates permits that have not entered details or provided documents for reviev Created On: 11/4/2022 Page 4 of 12 Community & Public Works Department Monthly Report 10/1/2022 - 10/31/2022 Land Use Applications Received The applications received are those that include projects that involve land development, such as Platting actions, Boundary Lines Adjustments, Zoning, SEPA and Exceptions Community & Public Works Department received a total of 98 Land Use Applications in OCTOBER 2022 Spokane Valley Land Use Applications Received 150 100 - III- - - . 11 50 - - — — l� 0 — — Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov De;: •Boundary Line Adj Short Nat Long Nat •Binding Site Nan •Final Platting ■Zoning/Comp Amend •Accessory Dwelling SEPA Admin Exception ■Admin Interpretation Home Business Lic •Other Development ** NOT SUBMITTED **Other Development could include,Zoning Letter,Floodplain,Shoreline,Alterations,Variances,Small Cell,CUP,Street Vacations,etc... LJan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Boundary Line Adj 6 2 4 4 5 5 6 4 2 1 Short Plat 3 1 3 5 4 0 5 4 3 4 Long Plat 1 1 1 1 1 1 0 0 0 1 Binding Site Plan 1 0 1 0 0 0 0 0 1 1 Final Platting 4 4 6 3 12 4 2 9 3 3 Zoning/Comp Amend 0 1 0 0 0 0 0 0 0 0 Accessory Dwelling 1 1 2 1 1 0 0 1 0 0 SEPA 1 0 2 0 2 2 2 0 0 0 Admin Exception 2 0 3 0 2 0 1 2 0 1 Admin Interpretation 0 0 1 0 0 0 0 1 0 0 Home Business Lic 52 62 56 43 52 31 28 45 42 38 Other Development 2 2 8 6 18 5 3 10 9 43 **NOT SUBMITTED 4 9 6 12 9 4 4 0 0 6 Monthly Totals 'F feu 74 87 63 97 48 47 76 60 98 0 0 Annual-To-Date: 723 **NOT SUBMITTED is a new category created by SmartGov which separates permits that have not entered details or provided documents for reviev Created On: 11/4/2022 Page 5 of 12 Community & Public Works Department Monthly Report 10/1/2022 - 10/31/2022 Construction Permits Issued The applications issued are those that include projects for New, remodeled, and accessory buildings; Signs, Factory Assembled Structures (FAS), Trade, Roofs, and more. Community & Public Works Department Issued a total of 321 Construction Permits in OCTOBER 2022 Spokane Valley Construction Permits Issued 800 600 400 — — In M - . . — 200 ■ . ■ ■ ■ : . . ! ■ Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec •Commercial New •Commercial MFR Commercial TI •Commercial Trade Commercial Accessory •Residential SFR/Plex •Residential Remodel Residential Addition •Residential Trade •Residential Accessory Demolition Sign •Re-Roof Factory Assembled •Other Construction* *Other Construction applications include,Adult family Home Inspections,Cell tower modifications,swimming pool/hot tub LJan Feb Mar Apr May Jun AIL Jul Aug Sep _ Oct Nov Dec Commercial New 2 14 12 6 5 16 2 10 5 1 Commercial MFR 4 1 11 2 3 4 4 6 2 1 Commercial TI 17 11 15 14 16 10 19 20 7 10 Commercial Trade 46 24 29 33 25 125 44 28 36 38 Commercial Accessory 9 0 5 2 5 2 2 8 0 1 Residential SFR/Plex 17 28 12 15 10 64 20 14 29 21 Residential Remodel 11 17 15 14 18 14 25 16 18 11 Residential Addition 4 7 5 6 9 5 6 2 4 3 Residential Trade 153 163 156 184 176 179 214 195 166 150 Residential Accessory 4 5 13 8 11 14 13 10 10 11 Demolition 3 4 7 4 3 11 10 10 11 7 Sign 7 9 6 7 13 8 12 7 5 9 Re-Roof 32 44 91 76 86 104 101 95 86 40 Factory Assembled 1 0 3 1 0 3 0 0 2 1 Other Construction* 6 11 10 19 12 21 16 24 28 17 Monthly Totals 316 338 390 3910 392 580 488 445 409 321 0 0 Annual-To-Date: 4070 Created On: 11/4/2022 Page 6 of 12 Community & Public Works Department Monthly Report 10/1/2022 - 10/31/2022 Engineering Permits Issued The applications issued are those that include projects for all site work projects, such as Grading permits, Right-of-Way (ROW), approaches, and more. Community & Public Works Department issued a total of 79 Engineering permits in OCTOBER 2022 Engineering Permits Issued 180 160 _ 140 120 MIM 100 In —80 60 40 20 0 — — MI I= — Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ■Engineered Grading Regular Grading Right-of-Way •Approach ■Clearing Et Grubbing Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Engineered Grading 4 5 13 12 9 7 6 4 6 3 Regular Grading 0 1 1 1 0 0 3 2 0 3 Right-of-Way 68 78 91 104 116 97 134 83 92 64 Approach 0 8 11 10 11 7 12 16 0 9 Clearing&Grubbing 1 0 0 0 1 1 0 0 0 0 Monthly Totals 73 92 116 127 137 112 155 105 98 79 0 0 1 Annual-To-Date: 1094 Created On: 11/4/2022 Page 7 of 12 Community & Public Works Department Monthly Report 10/1/2022 - 10/31/2022 Land Use Applications Completed The applications completed are those that include projects that involve land development, such as Platting actions, Boundary Line Adjustments, Zoning, SEPA and Exceptions Community & Public Works Department completed a total of 77 Land Use Applications in OCTOBER 2022 Spokane Valley Land Use Applications Completed 120 100 11 80 — _ 60 — I 4011 — — 20 i� — — — I — 0 — Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec •Boundary Line Adj Short Plat •Long Plat •Binding Site Plan ■Final Platting ■Zoning/Comp Amend •Accessory Dwelling SEPA Admin Exception •Admin Interpretation THome Business Lic ■Other Development **Other Development could include,Zoning Letter,Floodplain,Shoreline,Alterations,Variances,Small Cell,CUP,Street Vacations,etc... LJan Feb Mar Apr May Jun Jul Aug Segue Oct Nov Dec Boundary Line Adj 4 6 9 5 3 2 2 2 3 1 Short Plat 4 2 7 3 3 3 8 3 1 1 Long Plat 0 0 0 0 0 0 0 2 1 2 Binding Site Plan 1 0 1 0 0 0 0 0 1 0 Final Platting 2 2 5 3 0 5 1 3 3 1 Zoning/Comp Amend 0 0 0 0 0 0 0 0 0 0 Accessory Dwelling 1 0 2 1 1 0 1 0 1 0 SEPA 1 1 0 1 0 1 2 0 1 0 Admin Exception 2 1 2 2 1 1 0 0 0 0 Admin Interpretation 0 0 1 0 0 0 0 0 0 0 Home Business Lic 47 58 62 32 62 36 25 40 34 34 Other Development 4 1 7 6 8 5 1 6 1 38 Monthly Totals ,I IF 66 71 96 53 781_I 56 - 77 0 0 Annual-To-Date: 636 Created On: 11/4/2022 Page 8 of 12 Community & Public Works Department Monthly Report 10/1/2022 - 10/31/2022 Development Inspections Performed Community & Public Works Department performed a total of 1698 Development Inspections in OCTOBER 2022. Development Inspections include building, planning, engineering and ROW Spokane Valley Development Inspections Performed 2500 2000 1500 ' 1000 500 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec t 2020 2021 2022 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual Totals 2022 1078 1253 1845 1830 1678 1913 1575 1951 1747 1698 16,568 2021 927 991 1625 1758 1661 1533 1617 1550 1253 1345 1473 1372 17,105 2020 1011 1215 1260 857 1503 1745 1846 1622 1489 1461 1173 1104 16,286 IMonthly Totals 1078 1253 1845 1830 1678 1913 1575 1951 1747 1698 0 0 16,568 Annual-To-Date: 16,568 Created On: 11/4/2022 Page 9 of 12 Community & Public Works Department Monthly Report 10/1/2022 - 10/31/2022 Code Enforcement Code Enforcement Officers responded to 57 citizen requests in the month of OCTOBER 2022. They are listed by type below. Please remember that all complaints, even those that have no violation, must be investigated Code Enforcement Complaints Investigated 90 80 ■ 70 .60 50 40 = 30 20 10 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec •CE-Stop Work Order Complaint (Non-Violent) Environmental General Nuisance •Property Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec I CE-Stop Work Order 0 0 0 0 0 0 0 0 0 0 Complaint(Non-Violent) 0 0 0 0 0 0 0 0 0 0 Environmental 1 0 1 1 0 0 0 0 0 0 General 3 0 0 1 1 0 6 2 0 0 Nuisance 34 29 57 26 46 47 50 58 72 50 Property 6 7 15 11 11 25 21 15 11 7 Monthly Totals 1 IF 44 36 73 39 58 72 77 75 83 57 0 0 1 Annual-To-Date: 614 Created On: 11/4/2022 Page 10 of 12 Community & Public Works Department Monthly Report 10/1/2022 - 10/31/2022 Revenue Community & Public Works Department Revenue,which are fees taken in on all applications, totaled $285,383 in OCTOBER 2022. Spokane Valley Revenue Received $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec t 2022 2021 5-Yr Trend Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Totals 2022 $173,509 $139,945 $171,413 $210,513 $217,237 $277,917 $510,629 $433,002 $294,301 $285,383 $2,713,848 5-Yr Trend $366,357 $218,434 $271,256 $264,059 $285,589 $266,794 $282,184 $284,416 $244,563 $282,804 $255,050 $246,424 $3,267,931 2021 $1,087,310 $196,293 $364,569 $459,905 $239,948 $367,253 $433,461 $430,383 $323,636 $396,162 $292,643 $329,244 $4,920,807 2020 $230,256 $402,862 $371,956 $237,120 $402,525 $309,668 $226,943 $188,990 $268,487 $254,775 $246,368 $223,685 $3,363,635 2019 $162,441 $228,717 $265,529 $195,244 $241,906 $233,496 $355,943 $304,988 $228,157 $294,794 $299,906 $349,821 $3,160,942 2018 $177,431 $117,425 $220,845 $206,090 $234,009 $158,168 $260,179 $362,478 $253,342 $270,649 $204,016 $169,751 $2,634,383 2017 $174,349 $146,874 $133,382 $221,935 $309,558 $265,383 $134,394 $135,242 $149,194 $197,639 $232,319 $159,618 $2,259,887 Created On: 11/4/2022 Page 11 of 12 Community & Public Works Department Monthly Report 10/1/2022 - 10/31/2022 Building Permit Valuation Community&Public Works Department building permit valuation,which include,residential,commercial,reroof,FAS placed,totaled $18,694,797 in OCTOBER 2022. Spokane Valley Permit Valuation $200,000,000 $180,000,000 $160,000,000 — $140,000,000$120,000,000 $100,000,000 $80,000,000 $60,000,000 ::: :: : $0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Totals $8-5-YrTrend 2021 —9-2022 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Totals 2022 $20,182,361 $31,376,013 $14,935,549 $32649,784 $24,027,391 $48,521,183 $57,628,766 $44,067,876 $22,352,208 $18,694,797 $314,435,927 5-Yr Trend $14,662,000 $49,352,000 $71,170,000 $22,362,000 $28,434,000 $26,908,000 $33,764,000 $17,058,000 $16,542,000 $21,406,000 $34,474,000 $18,254,000 $263.30M 2021 $8,860,000 $179,080,000 $16,720,000 $32,820,000 $22,430,000 $27,700,000 $65,190,000 $24,390,000 $18,160,000 $42,670,000 $17,710,000 $13,480,000 $469.21M 2020 $22,130,000 $20,750,000 $36,690,000 $27,670,000 $51,380,000 $29,930,000 $17,950,000 $7,610,000 $20,620,000 $15,270,000 $26,890,000 $21,380,000 $298.27M 2019 $5,660,000.00 $22,210,000.00 $19,460,000.00 $12,460,000.00 $23,150,000.00 $15,020,000.00 $46,650,000.00 $18,800,000.00 $14,360,000.00 $17,160,000.00 $35,210,000.00 $32,930,000.00 $263.07M 2018 $12,840,000.00 $6,350,000.00 $276,000,000.00 $7,870,000.00 $9,550,000.00 $26,260,000.00 $29,250,000.00 $25,440,000.00 $20,690,000.00 $21,880,000.00 $25,460,000.00 $6,700,000.00 $219.89M 2017 $23,820,000.00 $18,370,000.00 $6,980,000.00 $30,990,000.00 $35,660,000.00 $35,630,000.00 $9,780,000.00 $9,050,000.00 $8,880,000.00 $10,050,000.00 $67,100,000.00 $16,780,000.00 $2573.09M Created On: 11/4/2022 Page 12 of 12