2023, 03-07 study session without large docs AGENDA
SPOKANE VALLEY CITY COUNCIL
REGULAR MEETING
STUDY SESSION
Tuesday,March 7,2023 6:00 p.m.
Remotely via ZOOM Meeting and
In Person at 10210 E Sprague Avenue
Council Requests Please Silence Your Cell Phones During Council Meeting
NOTE: Members of the public may attend Spokane Valley Council meetings in-person at City Hall at the
address provided above,or via Zoom at the link below.Members of the public will be allowed to comment
in-person or via Zoom as described below. Public comments will only be accepted for those items noted on
the agenda as"public comment opportunity." If making a comment via Zoom,comments must be received
by 4:00 pm the day of the meeting.Otherwise,comments will be taken in-person at the meeting in Council
Chambers,as noted on the agenda below.
• Sign up to Provide Oral Public Comment at the Meeting via Calling-In
• Submit Written Public Comment Prior to the Meeting
• Join the Zoom WEB Meeting
CALL TO ORDER
ROLL CALL
APPROVAL OF AGENDA
PROCLAMATION
GENERAL PUBLIC COMMENT OPPORTUNITY: This is an opportunity for the public to speak on
any subject except agenda action items, as public comments will be taken on those items where indicated.
Please keep comments to matters within the jurisdiction of the City Government.This is not an opportunity
for questions or discussion. Diverse points of view are welcome but please keep remarks civil. Remarks
will be limited to three minutes per person. To comment via zoom: use the link above for oral or written
comments as per those directions. To comment at the meeting in person: speakers may sign in to speak
but it is not required.A sign-in sheet will be provided in Council Chambers.
ACTION ITEMS:
1.Motion Consideration: Spokane County Library District Memorandum of Understanding—Erik Lamb
[public comment opportunity]
2.Motion Consideration: ARPA(American Rescue Plan)Police Camera Trailer—Erik Lamb, Chief Ellis
[public comment opportunity]
NON-ACTION ITEMS:
3. Sports Commission Update -John Hohman;Ashley Blake w/Sports Commission
4. Compost Procurement Ordinance—Bill Helbig
5. Opioid Settlement Update—Tony Beattie,Erik Lamb
6. Lodging Tax Advisory Committee (LTAC)Alternates—Erik Lamb
7. Advance Agenda—Mayor Haley
COUNCIL COMMENTS
CITY MANAGER COMMENTS
ADJOURN
Council Agenda March 7,2023 Page 1 of 1
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: March 7, 2023 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—Memorandum of Understanding with Spokane County
Library District—Allocation of expenses for joint use facilities.
GOVERNING LEGISLATION: RCW 39.34.080.
PREVIOUS COUNCIL ACTION TAKEN:
08/28/2007 Admin Report; Approval for Feasibility Study for Balfour Park
09/11/2012 Admin Report- Spokane County Library District(SCLD)Interlocal Agreement
09/25/2012 Passed motion to execute SCLD Interlocal Agreement
10/29/2013 Passed motion to adopt Balfour Park/Library Conceptual plan
07/25/2017 Approved 2017 Addendum to 2012 agreement to increase the performance time for
SCLD from October 2017 to October 2022
01/26/2021 Admin Report- SCLD Update by Director Patrick Roewe
02/02/2021 Admin Report- SCLD Interlocal Agreement Proposed Amendment
02/09/2021 Approved amended SCLD Interlocal Agreement which extends agreement to 2024 as
Library found alternative funding rather than a voter approved bond
07/06/2021 Passed motion to authorize AHBL Park Design Agreement;noted the Library also
selected this company for their construction.
02/28/2023 Administrative Report on Memorandum of Understanding on allocation of expenses
BACKGROUND: The City entered into an interlocal agreement with the SCLD in 2012 shortly after the
City purchased 8.4 acres of property from Pring Corporation in anticipation of SCLD constructing and
operating a new central library facility within Spokane Valley. Pursuant to that interlocal agreement, the
City sold a total of 2.72 acres to SCLD so that SCLD could build its new facility,which was anticipated to
occur within a five-year period. In 2017,the interlocal agreement timeframe for completion was extended
from 2017 to 2022,with a possible additional extension to October 2024. SCLD submitted a bond proposal
to the voters in 2013 and 2014,both of which failed to reach the required 60% approval threshold to pass,
although the 2015 effort received a 57.57%positive vote. In 2021, SCLD determined that it could arrange
sufficient financing through the state,which led to the successful funding to construct the new library.
Section 6 of the original Agreement in 2012, and as further amended in 2021 through the Addendum,
requires the City to contribute $1.3 million toward frontage and joint site improvements related to the
Library Project. The City previously paid $254,024 for Library Project frontage improvements in 2021.
Additionally,SCLD has now constructed its joint use improvements that qualify for use of these funds,and
has identified the full cost of those to be $799,093. Approval of this Agreement would authorize the City
Manager to reimburse SCLD for those costs by April 1,2023.
This would leave a balance of$246,883 from the original $1.3 million that the City will use to construct
additional joint site improvements during construction of Balfour Park, which include but are not limited
to landscaping, trees and irrigation for the Balfour Park area east of the Library Project parking lot and
north and east of the Library Project; arc walkway and lighting from the Library Project parking lot and in
front of the Library Project easterly to the main Balfour Park entrance at Sprague Avenue; and the events
Plaza due east of the Library Project and the diagonal walkway from the future amphitheater to the Events
Plaza. The City Council awarded a bid for the Balfour Park project on January 24, 2023. As discussed in
that meeting,the Balfour Park Project will be funded with City Fund 312 and the $246,833 funds leftover
for the shared improvements as described in this RCA.
The City and SCLD will negotiate a separate joint use agreement relating to allocation of operation and
maintenance expenditures for these joint use facilities, and will update Council in the future on this issue.
OPTIONS: (1)Motion to approve the proposed Memorandum of Understanding relating to allocation of
expenses for joint use facilities to a future motion consideration;or(2)take other action as appropriate.
RECOMMENDED ACTION OR MOTION: Move to approve the Memorandum of Understanding
Between the City of Spokane Valley and Spokane County Library District for Contributions by the Parties
to certain improvements at the Library Site located between Balfour Road and Herald Road.
BUDGET/FINANCIAL IMPACTS: The City previously committed to investing$1.3 million in joint site
areas and frontage improvements related to the new library facility. The $1.3 million consists of$839,285
that is being held in the Civic Facilities Capital Projects Fund #310 and an additional $460,715 that is
earmarked for this purpose in the Capital Reserve Fund #312. The $839,285 in Fund #310 represents the
proceeds from the sale of the 2.72 acres of land to SCLD, as described above.
STAFF CONTACT: Erik Lamb,Deputy City Manager.
ATTACHMENTS: Proposed Memorandum of Understanding relating to allocation of expenses for joint
use facilities.
DRAFT
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SPOKANE
VALLEY AND SPOKANE COUNTY LIBRARY DISTRICT FOR CONTRIBUTIONS BY
THE PARTIES TO CERTAIN IMPROVEMENTS AT THE LIBRARY SITE LOCATED
BETWEEN BALFOUR ROAD AND HERALD ROAD
WHEREAS, pursuant to chapter 27.12 RCW, the Spokane County Library District (Library
District) operates throughout many areas of Spokane County, including in the City of Spokane
Valley (City) as a result of a vote of its citizens to annex into Library District in 2005. The City
and Library District are collectively referred to as the Parties; and
WHEREAS, pursuant to chapter 27.12 RCW, the Library District Board of Library Trustees has
the care of Library District property and management of Library District funds and business; and
WHEREAS, pursuant to chapter 35A.11 RCW,the City Council has the care of City property and
management of City funds and business; and
WHEREAS,in 2012,the City purchased approximately 8.26 acres of vacant property immediately
west of existing Balfour Park,bounded by Sprague Avenue on the south,Herald Road on the west,
and Main Avenue on the north. Contemporaneous to the City's purchase, the Parties executed an
interlocal agreement (the 2012 Agreement) for the City to sell of a portion of recently purchased
City park property to the Library District; and
WHEREAS,the intent by the Parties in executing the 2012 Agreement was for the Library District
to construct a new main library facility in the City to replace the existing facility located at 12004
East Main Avenue (the Library Project), and which would be integrated with the City's planned
Balfour Park expansion (the Park Project), with shared use areas including parking and a central
plaza. Consistent with the Parties' intent,they entered into a joint site development process,which
was completed in 2013 and which identified additional property necessary for the Library Project.
The Parties completed the transfer of the additional property. As of the date of this Agreement,
the Library Project site consists of 2.72 acres, designated as Spokane County parcel no.
45174.9066 (the Library Site); and
WHEREAS, the Parties executed an amendment to the 2012 Agreement in 2017 (2017
Amendment), which extended the time in which Library District could obtain funding for design
and construction of the Library Project. Additionally, the City committed to applying the Library
District's purchase price of$839,285.10, plus an additional $460,714.90 from the City's general
fund, toward certain frontage and joint site improvements as part of the Library Project; and
WHEREAS, the 2017 Amendment further identified how the $1.3 million being contributed by
the City would be spent, stating in pertinent part as follows:
The City shall contribute $1.3 million in frontage and/or joint site improvements on the
Library Site. This amount includes the $839,285.10 paid by the Library District to the City
for the Site. This City obligation is separate from and in addition to any frontage or site
improvements the City would already be responsible for in developing and constructing
Balfour Park. The intent of these contributions by the Parties is to accomplish the mutual
Memorandum of Understanding Page 1 of 4
City Contribution towards Library Project
DRAFT
goals set forth in the recitals to this Addendum, above, and to reduce the amount of bond
proceeds that would be requested from the voters; and;
WHEREAS, in 2021, the City's CIP Project 0314 constructed a portion of the frontage
improvements for the Park Project and frontage improvements immediately adjacent to the Library
Site. These frontage improvements include pavement widening, curb, and utilities at a cost of
approximately $750,000. Of this cost, $254,024 is attributable to the roadway frontage
improvements required for the Library Project. The District constructed certain joint site
improvements during construction of the Library Project, which the Parties agree cost $799,093.
Out of the original $1.3 million committed by the City for Library Project frontage improvements
and joint site improvements, there remains $246,883 available to the City to construct additional
joint site improvements during construction of Balfour Park,which include but are not limited to:
Landscaping, trees and irrigation for the Balfour Park area east of the Library Project parking lot
and north and east of the Library Project; arc walkway and lighting from the Library Project
parking lot and in front of the Library Project easterly to the main Balfour Park entrance at Sprague
Avenue; and the events Plaza due east of the Library Project and the diagonal walkway from the
future amphitheater to the Events Plaza; and
WHEREAS, pursuant to the provisions of chapter 39.34 RCW, two or more public entities may
jointly contract between each other to perform functions which each may individually perform;
and
WHEREAS, the Parties anticipate entering into a subsequent agreement regarding maintenance
and operation of shared spaces such as the shared vehicular parking lot and the shared use plaza;
and
NOW THEREFORE, for and in consideration of the mutual promises set forth hereinafter, the
Parties agree as follows:
SECTION 1: PURPOSE
The purpose of this Memorandum of Understanding (MOU) is for the Parties to clearly identify
the amount of the City's monetary contribution toward the agreed-upon frontage improvements
and joint site improvements constructed by the Library District, and when that contribution will
be paid.
SECTION 2: TERM
Subject to any other provisions contained herein, the period of performance of this MOU shall
commence on execution and be completed no later than December 31, 2023.
SECTION 3: ADMINISTRATION
The Parties hereby designate the following individuals, or their designees, as their representatives
for the purpose of ensuring compliance with the MOU:
Memorandum of Understanding Page 2 of 4
City Contribution towards Library Project
DRAFT
SPOKANE COUNTY LIBRARY DISTRICT:
Finance Director
4322 North Argonne Road
Spokane, WA 99212
CITY OF SPOKANE VALLEY:
City Engineer
10210 East Sprague Avenue
Spokane Valley, WA 99206
SECTION 4: FINANCIAL CONTRIBUTION BY CITY
4.1 The Parties agreed that the City would make a financial contribution of$1.3 million toward
frontage and joint site improvements related to the Library Project. The Parties now agree that the
City shall reimburse the District $799,093 in full satisfaction of the City's prior commitment to
contribute to frontage and joint site development improvements for the Library Project. The City
previously paid $254,024 for Library Project frontage improvements. This leaves a balance of
$246,883 that the City will use to construct additional joint site improvements during construction
of Balfour Park, which include but are not limited to: Landscaping, trees and irrigation for the
Balfour Park area east of the Library Project parking lot and north and east of the Library Project;
arc walkway and lighting from the Library Project parking lot and in front of the Library Project
easterly to the main Balfour Park entrance at Sprague Avenue; and the events Plaza due east of the
Library Project and the diagonal walkway from the future amphitheater to the Events Plaza.
4.2 The City shall reimburse the District$799,093 by April 1, 2023.
4.3 Notwithstanding anything herein, this Agreement is solely between the City and Library
District. The City is not and shall not be a party to any contract between the Library District and
its selected contractor(s) for the Library project. The Library District hereby agrees that the City
shall have no liability to any contractor(s) selected by the Library District for any non-payment,
and that the Library District remains solely liable and responsible for compliance with any contract
it enters into for construction of the Library project. The Parties agree that in the event of a
disputed payment or non-payment by the City under this Agreement, the sole recourse is between
the City and Library District pursuant to the terms of this Agreement.
SECTION 5: FUTURE SHARED USE AGREEMENT
The Parties agree that they will negotiate in good faith an agreement to address maintenance, use,
and responsibility for any shared use facilities, including the parking lot on the northwest of the
Library Site and the shared events plaza on Balfour Park. In the absence of such agreement, the
Parties agree that each party shall be responsible for maintenance of facilities located on its
property and that use of such facilities by citizens shall be pursuant to adopted regulations or rules
by each respective entity.
[THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
Memorandum of Understanding Page 3 of 4
City Contribution towards Library Project
DRAFT
The Parties have executed this MOU this day of , 2023.
CITY OF SPOKANE VALLEY SPOKANE COUNTY LIBRARY DISTRICT
John Hohman, City Manager Patrick Roewe, Executive Director
Approved as to form:
Office of the City Attorney
Memorandum of Understanding Page 4 of 4
City Contribution towards Library Project
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: March 7, 2023 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: American Rescue Plan Act Funds Update — SVPD
Camera Trailer
GOVERNING LEGISLATION: 42 U.S.C. § 803; 31 C.F.R. Part 35.
PREVIOUS COUNCIL ACTION TAKEN: Numerous City Council meetings from 2021 through 2022.
Of note,on May 31,2022, City Council gave consensus for the allocation of all City ARPA funds towards
various purposes.
BACKGROUND:
On March 11, 2021, the President signed the American Rescue Plan Act ("ARPA") into law. ARPA
provided for a wide variety of funding for a variety of purposes, including direct assistance to small
businesses,for homeless and affordable housing purposes,and to state and local governments. Importantly
for the City,ARPA established the Coronavirus State and Local Fiscal Recovery Funds and allocated$350
billion to these accounts to assist state and local governments in meeting pandemic response needs and
rebuilding the economy. The City of Spokane Valley will receive approximately $16 million from the
Coronavirus Local Fiscal Recovery Fund("CLFR").
Council has had several discussions regarding use of CLFR funds. A list of the allocations is attached to
this RCA. Since May 31,2021,there has been extensive work by City Council and staff in getting CLFR
funds obligated through contracts and expended.
One item that was approved by City Council in 2022 was to use approximately $79,000 to acquire a
Spokane Valley Police Department camera trailer. This trailer has a tall pole with a camera and blue light
mounted on it that can provide intelligence on activities occurring around the trailer. It also acts as a crime
deterrent, as it is a very visible police presence in any area where it is located. Since acquiring the camera
trailer in late fall of 2022, SVPD has had the trailer in numerous hot spot locations, including Hometown
Suites,near Eagle Pointe apartments, and an area near Knox street. Generally the trailer is left for several
weeks. The response from SVPD and the public has been incredibly positive and SVPD has seen decreases
in criminal activity as well as other direct benefits from use of the camera trailer. It also allows SVPD to
respond to hot spot areas while still allowing patrol officers to continue to respond to other ongoing calls,
thus resulting in increased public safety benefits for the community at a fraction of the cost of additional
officers. A picture of the camera trailer is attached.
SVPD and City Management agree that it would be beneficial to the City to acquire another camera trailer
and would like to request Council approval to use ARPA funds to do so.
Though all ARPA funds have been allocated,as identified in a prior update,there are remaining funds from
the Buckeye Sewer Project in the amount of$117,848.22. Staff are requesting that this amount be re-
allocated to law enforcement purposes to allow acquisition of a second camera trailer, as this was not
contemplated in fall of 2022. Staff anticipate that the second camera trailer will cost approximately the
same as the first trailer($80,000).
Currently,Council has allocated$842,857 to law enforcement. City Council has approved use of$79,840
for the first camera trailer and $100,000 to pay for additional overtime emphasis patrols as part of the
Regional Safe Streets Task Force. This leaves $663,017 for other law enforcement uses. Staff have been
Page 1 of 2
working on other uses of the remaining $663,017, with an emphasis on acquiring cameras for parks. If
Council approves the re-allocation of $117,848.22 to law enforcement purposes, the City would use
$80,000 for the second camera trailer and use the remaining $38,000($117,848—$80,000= $37,848) for
other law enforcement purposes to be identified at a later date.
OPTIONS: Motion to approve the re-allocation of $117,848.22 of CLFR funds to law enforcement
purposes to allow acquisition of a second camera trailer; or take other action deemed appropriate.
RECOMMENDED ACTION OR MOTION: Move to approve the re-allocation of$117,848.22 of CLFR
funds to law enforcement purposes to allow acquisition of a second camera trailer,and to authorize the City
Manager to take such other action necessary to procure the second camera trailer.
BUDGET/FINANCIAL IMPACTS: Approximately$16 million added to budget for eligible expenses.
STAFF CONTACT: Erik Lamb,Deputy City Manager; Dave Ellis, Spokane Valley Police Chief
ATTACHMENTS:
Allocation and Expenditure Summary
Picture of camera trailer
Page 2 of 2
CITY OF SPOKANE VALLEY,WA 2/15/2023
Coronavirus Local Fiscal Recovery Funds
Allocation and Expenditure Summary
Program: Allocated Expended Unspent
General Governmental Purposes(Revenue Loss)
Spokane Valley Performing Arts Center 785,714.00 - 785,714.00
Spokane Valley Partners-New Facility(1) 4,000,000.00 4,000,000.00 - (2)
Affordable Housing/Homelessness/Land Acqu.($5,998,535 total):
City land acquisition 2,000,000.00 - 2,000,000.00
Affordable Housing/Homeless Services RFPs 3,998,535.00 - 3,998,535.00
Revenue Loss Subtotal 10,784,249.00 4,000,000.00 6,784,249.00
CLFR Eligible Programs
Internal City Costs 250,000.00 89,049.20 160,950.80 (2)
Sewer/Stormwater Infrastructure:
Buckeye Ave Sewer Extension 750,000.00 632,151.78 117,848.22
Sprague Ave Stormwater Improvements 1,379,386.00 - 1,379,386.00 (2)
Innovia Foundation/Launch Northwest(1) 1,000,000.00 - 1,000,000.00 (2)
Mental Health Assistance/Mental Health Learning Support 1,000,000.00 - 1,000,000.00
Law Enforcement Assistance($842 857 total):
Camera Trailer 79,840.41 79,840.41 -
GangTaskforceOvertime 100,000.00 - 100,000.00 (2)
Park/Trail Cameras? - - -
Other LE Assistance 663,016.59 - 663,016.59
Eligible Programs Subtotal 5,222,243.00 801,041.39 4,421,201.61
Total CLFR Allocations 16,006,492.00 4,801,041.39 11,205,450.61
Less Obligated Funds(2) (2,640,336.80)
Unspent/Unobligated Funds 8,565,113.81
(1) The City has entered into contracts with Spokane Valley Partners for$4,000,000 and Innovia Foundation
for$1,000,000.
(2) Obligated Funds include Spokane Valley Partners,Internal City Costs, the Sprague Ave Stormwater Improvements,
Innovia Foundation,and the Gang Taskforce Overtime.
C:\Users\CBainbridge\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\M78LWGXS\CLFR Summary Expenditures 2023 02 15
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Camera trailer in use at Home Town Suites
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: March 7, 2023 Department Director Approval: ❑
Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Sports Commission Update
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND: Spokane Sports is a non-profit, economic development organization
responsible for recruiting, retaining, and facilitating sports events for the Spokane region. Ms.
Ashley Blake, recently appointed Chief Executive Officer of Spokane Sports will give an update
on the organization.
OPTIONS:
RECOMMENDED ACTION OR MOTION:
BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT: John Hohman, City Manager
ATTACHMENTS: PowerPoint
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Major Events & Sports Facility Regional Community
Sports Conferences Advocacy Events Engagement
• Olympic & Paralympic • Improvements to existing • Grassroots participation • Youth Sports Awards
sport governing bodies facilities • Sports officials • Inland Northwest Hall of
• Collegiate sport • Development of new Fame
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organizations facilities—both grassroots training • Economic impact
Privatelyheld events and national tourism
• focused • Clinics • Caliber of life
2026 USA Track & Field Club Cross Country
Championships
Dec3mber 13,800 Attendees 14,500 Room Nights I $18,000 generated to Spokane Valley TPA
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Extensive event research Bid strategy & development Spokane Valley selected Athlete experience
Client development Local club Hotel planning Destination marketing
Event design Leadership site visits Event travel Event promotion
Reputation builder Board Presentation Event planning begins Event execution
Rebook for 2029
Selection & Informing Sports Facilities
Points of 1 • Optimization of current facilities
Collaboration • Recommendations of national caliber, purpose-built sports
facilities
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Spo ka n e Sales, Marketing & Game Day Management
2 • Bidding and execution for sports tourism events
pS o rt S • Creation of new events
& Spokane
Valley Recreation Marketing
3 • Position Spokane Valley as a recreation destination through a
marketing campaign focused on outdoor recreation
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CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: March 7, 2023 Department Director Approval:
Check all that apply: ❑consent ❑old business ❑new business ❑public hearing
❑information ®admin.report ❑pending legislation ❑executive session
AGENDA ITEM TITLE: Administrative Report — Proposed Amendment to chapter 3.47 SVMC
(Purchases of Goods)
GOVERNING LEGISLATION: Chapter 3.47 SVMC.
PREVIOUS COUNCIL ACTION TAKEN: Chapter 3.47 SVMC was adopted in 2015 and further
amended in 2022 by Ordinance 22-018.
BACKGROUND: In March 2022,the Governor signed into Washington law Engrossed Second Substitute
House Bill(ESSHB) 1799 which is codified as RCW 43.19A.150. The new code has the primary goal of
requiring governmental agencies and local municipalities to procure more compost product and finished
products made from organic wastes.
The City of Spokane Valley falls within the new state code whereby it is required to adopt a compost
procurement ordinance to implement RCW 43.19A.120, the Use of Compost Products in Projects. This
code states that when planning government-funded projects, or soliciting and reviewing bids, local
governments shall consider whether compost products can be utilized.
The purpose of the proposed amendment to chapter 3.47 SVMC is to codify the requirement for the City to
adopt a Compost Procurement Ordinance. Draft Ordinance 23-006, which would amend chapter 3.47
SVMC is attached for review.
OPTIONS: (1)Place on future agenda for an ordinance first reading;or(2)take other action as appropriate.
RECOMMENDED ACTION OR MOTION: Consensus to place on a future agenda for a first reading.
BUDGET/FINANCIAL IMPACTS: None anticipated. Expenditures associated with compost
procurement will be normal maintenance and project activities.
STAFF CONTACT: Bill Helbig,PE—Community& Public Works Director.
ATTACHMENTS: Draft Ordinance 23-006
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.23-006
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,SPOKANE COUNTY,
WASHINGTON, AMENDING SPOKANE VALLEY MUNICIPAL CODE
CHAPTER 3.47 RELATING TO PURCHASE OF GOODS TO ADD A COMPOST
PROCUREMENT REQUIREMENT IN COMPLIANCE WITH RCW 43.19A.150,
AND OTHER MATTERS RELATING THERETO
WHEREAS, in March 2022,Engrossed Second Substitute House Bill (ESSHB) 1799 was signed
into Washington law;and
WHEREAS,the primary goal of the law is to increase the diversion of organic materials going to
landfills to reduce methane emissions,a significant source of the emissions; and
WHEREAS,the legislature finds that it will be beneficial to improve a variety of aspects of how
organic materials and organic material wastes are reduce,managed,incentivized,and regulated under state
law; and
WHEREAS,ESSHB 1799 encourages cities to procure more of the compost product and finished
products created from organic wastes; and
WHEREAS, Section 701 of ESSHB 1799,now codified as RCW 43.19A.150,requires cities such
as the City of Spokane Valley to adopt a compost procurement ordinance to implement RCW 43.19A.120;
and
WHEREAS,RCW 43.19A.120 states that when planning government-funded projects or soliciting
and reviewing bids for such projects,state agencies and local governments shall consider whether compost
products can be utilized in the project.
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 conform to state law regarding compost
procurement.
Section 2. Amendment. Chapter 3.47 Spokane Valley Municipal Code is hereby amended to add:
3.47.050 Compost Procurement.
A. For the purposes of this chapter,unless the context clearly requires otherwise,"compost product"
means a product created with mulch, soil amendments, ground cover, or other landscaping material
derived from the biological or mechanical conversion of biosolids, or cellulose-containing waste
materials as defined in RCW 43.19A.010.
B. When planning City-funded projects or soliciting and reviewing bids for such projects, City
departments shall identify whether compost products can be utilized in a City project. In the event that
compost products can be utilized, City departments shall require purchase of compost for use in City
projects.
Ordinance 23-006 Page 1 of 3
DRAFT
C. City depaitnients shall plan for the use of compost in any of the following categories that are
applicable to their operations and project types:
1. Landscaping projects;
2. Construction and postconstruction soil amendments;
3. Applications to prevent erosion, filter stormwater runoff, promote vegetative growth, or
improve the stability and longevity of roadways; and
4. Low-impact development and green infrastructure to filter pollutants or to keep water onsite or
both.
D. Notwithstanding subsections B and C of this section, City departments are not required to use
compost products if:
1. Compost products are not available within a reasonable distance,defined as 50 miles,from the
project;
2. Compost products that are available do not comply with existing purchasing standards;
3. Compost products that are available do not comply with federal, state, or local health,quality,
and safety standards; or
4. Compost purchase prices are not reasonable or competitive.
E. City depaitinents shall give priority to purchasing compost products from companies that:
1. Produce compost products locally within Spokane County;
2. Are certified by nationally recognized organizations like the US Composting Council; and
3. Produce compost products that are derived from municipal solid waste compost programs and
meet quality standards comparable to standards adopted by the Washington State Department of
Transportation or adopted by rule by the Washington State Department of Ecology.
F. City departments that use compost shall report the following information to the Community and
Public Works Department by each December 15:
1. The volume and cost of compost purchased by the City department in that year; and
2. The source or sources of the compost purchased by the City department in that year.
G. The Community and Public Works Department is responsible for:
1. Providing technical assistance and education regarding the use of food and yard waste compost
to City depaitnients and staff;
2. Conducting educational outreach to inform residents and businesses about the value of food
and yard waste compost and how the City uses compost in its operations each year; and
3. Reporting the total estimated tons of organic material diverted from the City's waste stream
because of compost use under this section.
Ordinance 23-006 Page 2 of 3
DRAFT
H. By December 31,2024,and each December 31st of even-numbered years thereafter,the City shall
submit a report covering the previous year's compost procurement activities to the Washington State
Depaitnient of Ecology that contains the following information:
1. The total tons of organic material diverted throughout the year;
2. The volume and cost of compost purchased throughout the year; and
3. The source or sources of the compost.
Section 3. 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 4. Effective Date. This Ordinance shall become effective five days after publication of the
ordinance, or a summary thereof,in the official newspaper of the City.
Adopted this day of March,2023.
ATTEST: CITY OF SPOKANE VALLEY
Christine Bainbridge, City Clerk Pam Haley, Mayor
Approved as to Form:
Office of the City Attorney
Date of Publication:
Effective Date:
Ordinance 23-006 Page 3 of 3
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: March 7, 2023 Department Director Approval:
Check all that apply: ❑ consent ❑ old business ❑new business ❑public hearing
❑information®admin.report ❑pending legislation ❑ executive session
AGENDA ITEM TITLE: Opioid Pharmacy and Manufacturer Settlements
GOVERNING LEGISLATION: SVMC 2.15.020.
PREVIOUS COUNCIL ACTION TAKEN: Distributors Washington Settlement("Settlement I"): April
26, 2022 approval of the One Washington MOU for settlement between the same opioid distributors and
cities/counties in Washington; July 19,2022 approval of the Subdivision Participation Form to approve of
and participate in the State settlement; September 6, 2022 approval of the Allocation Agreement for
Settlement I.
BACKGROUND: In 2022, the State announced successful settlement with several opioid distributors
("Settlement I") for approximately $518 million and provided a process for local entities to participate in
the settlement and receive a portion of the settlement money. Approximately half was set aside for local
governments. The City participated through approving the One Washington MOU, the Subdivision
Participation Form, and the Allocation Agreement. The allocation amounts to each entity were set by the
State as part of the original settlement,therefor the City had no ability to modify that amount at the time of
the approval of the necessary MOU, Subdivision Participation Form, and Allocation Agreement.
According to the Washington AG's website,the City is currently set to receive approximately$147,106.76
from Settlement I over the approximately 17-year term of the agreement. The exact payment will include
deductions for attorneys' fees and settlement expenses. We expect the average annual amount to come to
Spokane Valley to be between$5,000-$7,000.
In addition to Settlement I,the State has been engaged in litigation with several pharmacy manufacturers
and on December 21,2022,the State announced that it would be joining settlements with the pharmacy and
manufacturers related to ongoing opioid litigation: CVS, Walgreens, Walmart, Teva, and Allergan. This
settlement ("Settlement II") will result in an additional $217 million to local governments to abate the
opioid epidemic. The City will receive an additional amount of money from Settlement II. The allocation
methodology and calculation used in Settlement I was also used for Settlement II,so if the City participates,
it will receive approximately the same amount of money from Settlement II as received from Settlement I
(estimated to be$5,000-$7,000 per year).As with Settlement I,Settlement II limits the use of funds received
to certain approved uses related to addressing the opioid epidemic.
The terms of each settlement and the required forms are available on the Washington State Office of the
Attorney General website:https://www.atg.wa.gov/opioid-pharmacy-manufacturer-settlements. Due to the
size of the Settlement Agreements, hard copies are not provided with this RCA. However, each of the
attachments referenced in this RCA will be included in the electronic Council packet.
As with Settlement I,in order to join in the settlement to receive funds,local governments are being asked
to finalize and execute a Participation Form for each defendant, and an Allocation Agreement that covers
the distribution of the funds from Settlement II. A local government that does not participate cannot share
directly in the settlement funds. If not enough local governments participate,no one gets any money, and
there is a steep drop in the settlement amount if not all local governments join. The deadline to participate
in Settlement II is April 18,2023.
If the City elects to participate in Settlement II, and if all local governments sign on to the settlement,the
City will receive approximately$148,486.91 from Settlement II. This payment will be made over a period
of 15 years and will include deductions for attorneys' fees. This will equate to about the same amount per
year as in Settlement I,which is between $5,000-$7,000. Given the relatively small amount,the City has
engaged in discussions with Spokane County and the City of Spokane about how the settlement amounts
from all jurisdictions may be pooled to provide substance abuse responses to serve the entire region. These
discussions have just begun and are ongoing. As staff have more information,we will provide updates to
City Council. Any regional approach will require creation of a Regional Opioid Abatement Council(OAC).
Staff are requesting consensus on whether to proceed to a motion consideration to join in Settlement II.
OPTIONS: (1)Consensus to place the Participation Forms and Allocation Agreement for Settlement II on
future agenda for motion consideration; (2)do nothing.
RECOMMENDED ACTION OR MOTION: Consensus to place the Participation Forms and Allocation
Agreement for Settlement II on future agenda for a motion consideration.
BUDGET/FINANCIAL IMPACTS: Settlement I: the City will receive $147,106.76 less attorneys' fees
over the course of 17 years; Settlement II: the City will receive an additional $148,486.91 less attorneys'
fees over the course of 15 years.
STAFF CONTACT: Erik Lamb,Deputy City Manager; Tony Beattie, Senior Deputy City Attorney.
ATTACHMENTS: The agreements may be found at the Washington State Office of the Attorney General
website for the Pharmacy and Manufacturer Settlement and will be electronically available in a Council
packet, should Council decide to bring this back for a motion consideration:
https://www.atg.wa.gov/opioid-pharmacy-manufacturer-settlements. They are also electronically included
in this Council packet(hard copies will not be printed):
1. Washington State Allocation Agreement for Settlement II
2. CVS Settlement Agreement with Technical Corrections
3. Allergan Global Settlement Agreement
4. Allergan Technical Corrections Memorandum
5. Teva Global Settlement Agreement
6. Teva Technical Corrections Memorandum
7. Walgreens Multistate Settlement Agreement
8. Walmart Settlement Agreement
9. Walmart Technical Corrections Memorandum
10. Participation Forms
a. Teva
b. Allergan
c. CVS
d. Walgreens
e. Walmart
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: March 7, 2023 Department Director Approval:
Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Draft SVMC 3.20 Amendment: Lodging Tax Advisory Committee Alternates
GOVERNING LEGISLATION: RCW 67.28.1816; chapter 3.20 SVMC
PREVIOUS COUNCIL ACTION TAKEN: NA
BACKGROUND: Per state statute, the Lodging Tax Advisory Committee (LTAC) shall consist of five
members: two representatives of businesses required to collect the tax, two members involved in
activities authorized to be funded by the tax, and one City Councilmember.
SVMC 3.20.04 currently provides a process for selection of the five members for the LTAC.
However, it does not contain a process for selecting alternates. Alternates would be able to fill in
when regular committee members are not available to attend the LTAC meeting to hear lodging tax
applications and to vote on a recommendation to City Council. At the 2022 LTAC meeting, two
regular committee members could not attend and the City was required to take separate action to
appoint alternates.
Staff are proposing amendments to SVMC 3.20.040 to identify a regular process to select and
maintain alternates to avoid the issues that occurred in 2022. The proposed amendments provide
for selection of two alternates — one representing a recipient of the tax and one representing
businesses collecting the tax at the same time that regular committee members are selected. This
would allow a standing alternate at all times to fill in for either a recipient or hotelier who cannot
attend the regular LTAC meeting. Staff did consider having four total alternates (two for recipients
and two for hoteliers), but due to the limited number of applications that are normally received,
believed it would be difficult to maintain four total regular committee members and four total
alternates.
To address situations where multiple members may not be able to attend, the proposed amendments
clarify that a quorum consists of at least three members with at least one recipient, one hotelier, and
the identified City Councilmember. This ensures that at least a majority constitutes a quorum and
that both the recipients and hoteliers have a member present.
Finally, given the limited applicant pool historically, the proposed amendments also provide that
organizations may submit multiple applications for committee members and/or alternates. This
would allow an organization to identify a proposed regular committee member and alternate for
Mayor and Council consideration. Note that given the short time period and limited ability to identify
potential alternates in 2022, the City Council selected alternates who were from the same
organization as the regular committee member who could not attend.
If City Council approves these proposed amendments, the City would solicit alternates through the
standard application/nomination process prior to the 2023 regular LTAC meeting.
OPTIONS: Consensus to proceed with first reading at a future council meeting with or without
amendments; or take other action deemed appropriate.
RECOMMENDED ACTION OR MOTION: Consensus to proceed with a first reading a future council
meeting.
BUDGET/FINANCIAL IMPACTS: n/a
STAFF/COUNCIL CONTACT: Erik Lamb, Deputy City Manager
ATTACHMENTS: Draft Amendments to chapter 3.20 SVMC
Spokane Valley Municipal Code Page 1/2
Chapter 3.20 TRANSIENT OCCUPANCY TAX
Chapter 3.20
TRANSIENT OCCUPANCY TAX
Sections:
3.20.010 Imposition of tax on the furnishing of lodging.
3.20.020 Creation of tourism-promotion fund.
3.20.030 Administration.
3.20.040 Lodging tax advisory committee.
3.20.050 Violation—Penalty.
3.20.010 Imposition of tax on the furnishing of lodging.
A.Imposition.
1.There is levied a special excise tax of two percent on the sale of or charge made for the furnishing of lodging
that is subject to tax under Chapter 82.08 RCW,pursuant to RCW 67.28.180.
2.There is levied a separate special excise tax of 1.3 percent on the sale of or charge made for the furnishing of
lodging that is subject to tax under Chapter 82.08 RCW,pursuant to RCW 67.28.181.
B.Tax Imposed.The tax imposed under Chapter 82.08 RCW applies to the sale of or charge made for the furnishing
of lodging by a hotel,motel,rooming house,tourist court or trailer camp,and the granting of any similar license to
use real property,as distinguished from the renting or leasing of real property.It shall be presumed that the
occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real
property and not a license to temporarily use and enjoy the same.
C.Definitions.The definitions of"selling price,""seller,""buyer,""consumer,"and all other definitions as are now
contained in RCW 82.08.010,and subsequent amendments thereto,are adopted as the definitions for the taxes levied
pursuant to this chapter.
D.Imposition of Tax in Addition to Other Taxes and Fees.The tax levied pursuant to subsection(A)(1)of this
section shall be a credit against the amount of sales tax(Chapter 82.08 RCW)due the state of Washington on the
sale of lodging as set forth herein.
3.20.020 Creation of tourism-promotion fund.
A.There is created a special fund in the treasury of the City of Spokane Valley termed the"hotel/motel tax fund"
into which all taxes collected pursuant to SVMC 3.20.010(A)(1)shall be placed and used solely for the purpose of
paying all or any part of the cost of tourist promotion,acquisition of tourism-related facilities,or operation of
tourism-related facilities or to pay for any other uses as authorized in Chapter 67.28 RCW,as the same now exists or
may hereafter be amended.
B. There is created a special fund in the treasury of the City of Spokane Valley termed the"hotel/motel tax—
tourism facilities fund"into which all taxes collected pursuant to SVMC 3.20.010(A)(2)shall be placed and used
solely for capital expenditures for acquiring,constructing,making improvements to or other related capital
expenditures for large sporting venues,or venues for tourism-related facilities,which facilities generate overnight
guests at lodging facilities subject to the taxes imposed pursuant to Chapter 3.20 SVMC,as allowed and provided by
law.
3.20.030 Administration.
For the purposes of this chapter,the tax as levied shall be administered as follows:
A.The Department of Revenue is designated as the agent of the City of Spokane Valley for the purposes of
collection and administration of the taxes levied pursuant to SVMC 3.20.010(A)(1)and(2).
B. The administrative provisions contained in RCW 82.08.050 through 82.08.060 and in Chapter 82.32 RCW shall
apply for administration and collection of the tax by the Department of Revenue.
Spokane Valley Municipal Code Page 2/2
Chapter 3.20 TRANSIENT OCCUPANCY TAX
C.All rules and regulations adopted by the Department of Revenue for the administration of Chapter 82.08 RCW
are adopted by reference.
D.The Department of Revenue is authorized to prescribe and utilize such forms and reporting procedures as the
department may deem necessary and appropriate.
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 pursuant to this chapter.The City shall solicit
recommendations from organizations representing businesses that collect the tax and organizations that are
authorized to receive funds pursuant to 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.A quorum for lodging tax advisory committee meetings shall consist of
at least three members with at least one member who is involved in activities authorized to be funded pursuant to
this chapter,one member required to collect the tax,and one council member.Annually,the membership of the
committee shall be reviewed.
The mayor shall nominate persons to serve on the committee,and one alternate for those authorized to be funded
pursuant to this chapter,and one alternate from a business required to collect the tax,and the council member for the
lodging tax advisory committee with council confirmation of the nominees.Organizations may submit multiple
individuals for committee and/or alternate positions.An alternate may only serve in the place of a member who
represents the same group as the alternate.Nominations shall state the term of committee membership.
Appointments shall be for either a one-or a two-year term.
3.20.050 Violation—Penalty.
It is unlawful for any person,firm,or corporation to violate or fail to comply with any of the provisions of this
chapter and such violation shall constitute a misdemeanor.Each day of violation shall be considered a separate
offense.
DRAFT
ADVANCE AGENDA
as of March 2,2023; 9:00 a.m.
Please note this is a work in progress;items are tentative
To: Council& Staff
From: City Clerk,by direction of City Manager
Re: Draft Schedule for Upcoming Council Meetings
March 14,2023,Formal Meeting,6:00 p.m. [due Tue March 7]
Proclamation: Vietnam Veterans Day
1. Consent Agenda(claims,payroll,minutes) (5 minutes)
2.First Reading Compost Procurement Ordinance,#23-006—Bill Helbig (10 minutes)
3.Resolution 23-004 Closing Flora Road—Rob Lochmiller (5 minutes)
4.Motion Consideration: Potential Grant Opportunity,Local Bridge Program—Adam Jackson (10 minutes)
5.Motion Consideration:Potential Grant Opportunity: SRTC Preservation Call for Projects—A.Jackson(10 mins)
6.Admin Report:Advance Agenda—Mayor Haley (5 minutes)
[*estimated meeting: 45 mins]
March 21,2023 Study Session,6:00 p.m. [due Tue March 14]
Proclamations:Hope Week;Philippine Embassy Outreach Days; City's 20`h Anniversary
ACTION ITEMS:
1. Second Reading Compost Procurement Ordinance—Bill Helbig (10 minutes)
NON-ACTION ITEMS:
2. STA New Strategic Plan Update—Karl Otterstrom (15 minutes)
3. Outside Agency Grant Process—Chelsie Taylor (15 minutes)
4. Governance Manual Discussion—John Hohman,Erik Lamb (15 minutes)
5.Advance Agenda—Mayor Haley (5 minutes)
[*estimated meeting: 60 mins]
March 28,2023 Formal Meeting,6:00 p.m. (meeting cancelled)
April 4,2023 Study Session,6:00 p.m. [due Tue March 28]
1.Advance Agenda—Mayor Haley (5 minutes)
2. Info Only: Department Monthly Reports (normally due for 3-28 mtg)
April 11,2023,Formal Meeting,6:00 p.m. [due Tue April 4]
1. Consent Agenda(claims,payroll,minutes) (5 minutes)
2.Admin Report:Advance Agenda—Mayor Haley (5 minutes)
April 18,2023 Study Session,6:00 p.m. [due Tue April 11]
1.Advance Agenda—Mayor Haley (5 minutes)
April 25,2023 Formal Meeting,6:00 p.m. [due Tue April 18]
1. Consent Agenda(claims,payroll,minutes) (5 minutes)
2.Admin Report:Advance Agenda—Mayor Haley (5 minutes)
3. Info Only: Department Monthly Reports
May 2,2023 Study Session,6:00 p.m. [due Tue April 25]
1.Advance Agenda—Mayor Haley (5 minutes)
May 9,2023,Formal Meeting,6:00 p.m. [due Tue May 2]
1. Consent Agenda(claims,payroll,minutes) (5 minutes)
2.Admin Report:Advance Agenda—Mayor Haley (5 minutes)
May 16,2023 Study Session,6:00 p.m. [due Tue May 9]
1.Advance Agenda—Mayor Haley (5 minutes)
Draft Advance Agenda 3/2/2023 9:59:51 AM Page 1 of 2
May 23,2023 Formal Meeting,6:00 p.m. [due Tue May 16]
1. Consent Agenda(claims,payroll,minutes) (5 minutes)
2.Admin Report:Advance Agenda—Mayor Haley (5 minutes)
3. Info Only: Department Monthly Reports
May 30,2023 Study Session,6:00 p.m. [due Tue May 23]
1.Advance Agenda—Mayor Haley (5 minutes)
June 6,2023 Study Session,6:00 p.m. [due Tue May 30]
1.Advance Agenda—Mayor Haley (5 minutes)
June 13,2023,Special Meeting: 2024 Budget Workshop 8:30 a.m.—2:30 p.m. [due Tue June 6]
June 13,2023,Formal Meeting,6:00 p.m. meeting cancelled
AWC Conf Spokane June 20-23
June 20,2023 Study Session,6:00 p.m. [due Tue June 13]
1.Advance Agenda—Mayor Haley (5 minutes)
June 27,2023 Formal Meeting,6:00 p.m. [due Tue June 20]
1. Consent Agenda(claims,payroll,minutes) (5 minutes)
2.Admin Report:Advance Agenda—Mayor Haley (5 minutes)
3. Info Only: Department Monthly Reports
July 4,2023 Study Session,6:00 p.m. (meeting cancelled)
July 11,2023 Study Session,6:00 p.m. [due Wed,July 5]
1.Advance Agenda—Mayor Haley (5 minutes)
July 18,2023 Study Session,6:00 p.m. [due Tue July 11]
1.Advance Agenda—Mayor Haley (5 minutes)
July 25,2023 Formal Meeting,6:00 p.m. [due Tue July 18]
1. Consent Agenda(claims,payroll,minutes) (5 minutes)
2.Admin Report:Advance Agenda—Mayor Haley (5 minutes)
3. Info Only: Department Monthly Reports
August 1,2023 (meeting cancelled -National Night Out)
August 8,2023,Formal Meeting,6:00 p.m. [due Tue Aug 1]
1. Consent Agenda(claims,payroll,minutes) (5 minutes)
2.Admin Report:Advance Agenda—Mayor Haley (5 minutes)
*time for public or council comments not included
OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS:
Appleway Trail Amenities Pavement Mgmt.Funding
Basement space PFD Presentation
CDBG Interlocal Prosecutor Services
Chronic Nuisance Protection of Utility Infrastructures
Drug Possession Ordinance SCRAPS Update
Governance Manual St. O&M Pavement Preservation
Hearing Examiner Interlocal Street Scaping, signs,trees,etc.- info item
Massage Parlor Licensing Code Text Amendment TBD Formation
Mirabeau Park Forestry Mgmt. Vehicle Wgt Infrastructure Impact
Park Lighting Yellowstone Franchise Agreement
Draft Advance Agenda 3/2/2023 9:59:51 AM Page 2 of 2