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2023, 05-16 Study Session AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Tuesday,May 16,2023 6:00 p.m. Remotely via ZOOM Meeting and In Person at CenterPlace Regional Event Center Great Room 2426 N Discovery Place Spokane Valley,WA 99216 Council Requests Please Silence Your Cell Phones During Council Meeting NOTE: Members of the public may attend Spokane Valley Council meetings in-person 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. • Sign up to Provide Oral Public Comment at the Meeting via Calling-In • Submit Written Public Comment Prior to the Meeting • Join the Zoom WEB Meeting CALL TO ORDER ROLL CALL APPROVAL OF AGENDA GENERAL PUBLIC COMMENT OPPORTUNITY: This is an opportunity for the public to speak on any subject except agenda action items, as public comments will be taken on those items where indicated. Please keep comments to matters within the jurisdiction of the City Government. This is not an opportunity for questions or discussion.Diverse points of view are welcome but please keep remarks civil.Remarks will be limited to three minutes per person.To comment via zoom:use the link above for oral or written comments as per those directions.To comment at the meeting in person: speakers may sign in to speak but it is not required.A sign-in sheet will be provided at the meeting. ACTION ITEMS: 1. First Reading Ordinance 23-010,Chronic Nuisance—Erik Lamb [public comment opportunity] 2.Motion Consideration:ARPA Allocations—Erik Lamb,Chelsie Taylor [public comment opportunity] NON-ACTION ITEMS: 3. 2023 Budget Amendment—Chelsie Taylor 4. Drug Possession and Use—Tony Beattie 5. 2024 Council Budget Goal Priorities—John Hohman 6. GSI D.C.Fly-In Recap—Virginia Clough 7. Regional Homeless Update—Erik Lamb 8.Advance Agenda—Mayor Haley COUNCIL COMMENTS CITY MANAGER COMMENTS ADJOURN Council Agenda May 16,2023 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 16,2023 Department Director Approval: Check all that apply: ❑consent ❑old business ®new business ❑public hearing ❑information ❑admin.report ❑pending legislation ❑executive session AGENDA ITEM TITLE: First Reading of Proposed Ordinance 23-010 amending chapters 7.05 and 17.100 SVMC related to chronic nuisances. GOVERNING LEGISLATION: Chapter 7.05 SVMC; chapter 17.100 SVMC; chapter 7.48 RCW; and chapter 7.43 RCW. PREVIOUS COUNCIL ACTION TAKEN: Adoption of chapter 7.05 SVMC, relating to nuisances, in 2003; amended in 2005, 2006, 2008, 2012, 2017, 2018, and 2019. Chapter 17.100, which relates to enforcement, was recodified in its entirety in 2016 and amended in 2018 and 2019. In December 2022, staff presented key considerations and the framework of the City's existing chronic nuisance code as a form of review. During this discussion,Council posed several questions on the possibility of updating the current chronic nuisance provisions. Staff drafted a code text amendment implementing changes congruent with Council's desire to enhance the chronic nuisance code. City Council heard an administrative report on the proposed changes on April 25, 2023 and gave consensus for staff to come forward with an ordinance for first reading. BACKGROUND: In 2018, the City Council adopted chronic nuisance provisions under chapter 7.05 SVMC to address the rising number of nuisance properties associated with extensive criminal activity. The City has altered and refined the nuisance provisions over the years to make them more effective or to address new items as appropriate. Council heard an administrative report in December 2022 and requested staff to look at possible amendments to further assist in addressing chronic nuisances within the City. Staff have identified revisions to chapters 7.05 and 17.100 SVMC to address Council's desire to bolster the City's ability to address chronic nuisances. The proposed ordinance is a City-initiated code text amendment to broaden the scope of what constitutes a chronic nuisance property and to abate chronic nuisance properties more efficiently. The proposed ordinance more closely resembles those in neighboring jurisdictions and will provide staff with the necessary tools to effectively abate more chronic nuisances. The primary changes are as follows: Tiered Approach. A tiered approach will consist of multiple options to qualify a property as a chronic nuisance. These include: • adding a second shorter time period option(three or more nuisance activities within a sixty- day period); • expanding the definition of "nuisance activities" to include general nuisances, not just criminal activity; • adding abandoned properties where nuisance activities exist to the definition of chronic nuisance property; and • adding a provision solely for drug properties, with a stricter violation to timeframe ratio (two in twelve months). Page 1 of 2 These changes will be made primarily through modifications to the definition of"chronic nuisance property."and adding a definition for"nuisance activities." A notable change within the definition of"ongoing criminal activity" is the removal of the blanket exemption for domestic violence. Many other jurisdictions do not have exemptions and instead approach domestic violence related activity, for the purpose of chronic nuisance determinations, on a case by case basis, taking into account the totality of the circumstances. Enforcement. The process for enforcement will remain largely the same. However, a provision that a property owner or person in charge must contact the City within ten days from receipt of the notice and order in order to enter into a VCA(voluntary compliance agreement)has been added to allow the City to demonstrate the responsible person's desire (or lack of desire) to work on addressing the nuisance activities and criminal activities. Abatement. A receivership provision has been added, pursuant to chapter 7.60 RCW. This provision allows the City,upon a determination by the Superior Court that a property is a chronic nuisance,to close the property,board it up, and sell it through receivership so that the property can be returned to beneficial use.This process eliminates the possibility of the property being inundated with squatters and/or eventually returned to the persons responsible for the nuisance conditions in the first place. A provision was added to SVMC 17.100.325 to allow receivership as a remedy for chronic nuisances. Detailed changes are shown in"redline"in the proposed ordinance, attached to this RCA. OPTIONS: Move to advance Ordinance 23-010 to a second reading or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to advance Ordinance 23-010 to a second reading at a future Council meeting. BUDGET/FINANCIAL IMPACTS: No direct impacts anticipated. STAFF CONTACT: Erik Lamb, Deputy City Manager; Caitlin Prunty, Deputy City Attorney; Jenny Nickerson,Building Official. ATTACHMENTS: Draft Ordinance 22-010 Page 2 of 2 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO.23-010 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING CHAPTER 7.05 OF THE SPOKANE VALLEY MUNICIPAL CODE REGARDING CHRONIC NUISANCE VIOLATIONS, AND AMENDING CHAPTER 17.100 OF THE SPOKANE VALLEY MUNICPAL CODE REGARDING ABATEMENT OF CHRONIC NUISANCE VIOLATIONS. WHEREAS,pursuant to RCW 35A.11.020 and RCW 35.22.280(30),the City of Spokane Valley (City) is authorized to "declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create,continue,or suffer nuisances to exist;" and WHEREAS,pursuant to Chapter 7.48 RCW,the City is authorized to obtain an order for warrant of abatement of public nuisances that may exist within the City; and WHEREAS,pursuant to chapter 7.43 RCW,the City is authorized to determine and abate drug nuisance properties that may exist within the City; and WHEREAS,pursuant to RCW 7.60,the superior court may appoint a receiver to act as a custodian of a chronic nuisance property on application of the City; and WHEREAS, in 2018, the City adopted amendments to chapter 7.05 of the Spokane Valley Municipal Code (SVMC)to declare what conditions shall be chronic nuisances; and WHEREAS, in 2018, the City adopted amendments to chapter 17.100 SVMC regarding administrative procedures for enforcement of code violations,including public and chronic nuisances; and WHEREAS, there exists within the City a number of properties that are creating significant adverse impacts on the surrounding community due to a combination of criminal activity,general nuisance conditions, and violations of civil law; and WHEREAS,the City Council finds that a broader approach to chronic nuisance and an additional means of abatement, in the form of receivership, is in the best interest of the public health, safety, and welfare; and WHEREAS,the City Council desires to amend the applicable chronic nuisance provisions in the SVMC to allow the City to better address and eliminate chronic nuisances and to provide necessary updates to better protect the public health, safety,and welfare. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington,ordains as follows: Section 1. Amendment. Chapter 7.05 of the Spokane Valley Municipal Code is hereby amended as follows.Any section of Chapter 7.05 SVMC not identified herein shall remain unchanged. 7.05.010 Purpose and intent. The purpose and intent of cChapter 7.05 SVMC is to create and maintain a safe and healthy environment for the citizens of the City by identifying and eliminating the conditions that contribute to injury, illness, Ordinance 23-010 Page 1 of 10 DRAFT devaluation of property,reduction in the quality of life,and the incidence of crime through the existence of nuisance conditions activities on public and private property. Nuisance properties create a substantial financial burden, pose a significant strain on city services, and interfere with other's use and enjoyment of their property. 7.05.020 Definitions. In addition to any definitions contained in Appendix A, the following words shall, for the purposes of cChapters 7.05 and 17.100 SVMC,be defined as: "Abandoned Property,"for purposes of defining a chronic nuisance,means a property over which the person in charge no longer asserts control due to death, incarceration, or any other reason, and which is either unsecured or subject to occupation by unauthorized individuals. "Chronic Nuisance Property"means: 1. A property on which three or more nuisance activities exist or have occurred during any sixty-day period, with at least one of the nuisance activities being classified as ongoing criminal activity related to the property; or 2. A property on which five or more nuisance activities exist or have occurred during any twelve-month period, with at least one of the nuisance activities being classified as ongoing criminal activity related to the property; or 3. Any abandoned property where nuisance activities exist or have occurred; or 4. A property which,upon request for execution of a search warrant,has been the subject of a determination by a court two or more times within a twelve-month period that probable cause exists that illegal possession, manufacture,or delivery of a controlled substance or related offense as defined in chapter 69.50 RCW has occurred on the property. "Control" means the power or ability to direct or determine conditions at a property or regulate, restrain, dominate,or govern property or conduct that occurs on a property. "Days" are counted as business days when five or fewer days are allowed to perform an act required by cChapter 7.05 SVMC. "Days" are considered calendar days when more than five days are allowed to perform an act required by cchapter 7.05 SVMC. "Days" are counted by excluding the first day, and including the last day,unless the last day is a holiday, Saturday,or Sunday,pursuant to RCW 1.12.040, as now adopted or hereafter amended. "Determination of compliance" means a written determination by the city manager or designee that the violation(s) stated in the warning, voluntary compliance agreement,notice and order, stop work order, or other applicable order have been sufficiently abated so as to comply with the SVMC. "Graffiti" means an unauthorized marking, symbol, inscription, word, figure, design, or other inscribed material that has been placed upon any property through the use of paint, ink, dye, or any other substance capable of marking property. "Impound"means to take and hold a vehicle in legal custody pursuant to law. "Inoperable"means incapable of being operated legally on a public highway,including,but not limited to, not having a valid,current registration plate or a current certificate of registration. "Junk vehicle"means a vehicle meeting at least three of the following criteria: Ordinance 23-010 Page 2 of 10 DRAFT 1. Is three years old or older; 2. Is extensively damaged,such damage including but not limited to any of the following: a broken window or windshield,or missing wheels,tires,motor,or transmission; 3. Is apparently inoperable; 4.Has an approximate fair market value equal only to the approximate value of the scrap in it. "Nuisance" means a person's unreasonable or unlawful use of real or personal property, or unreasonable, indecent, or unlawful personal conduct or omission of conduct which materially interferes with, obstructs, or jeopardizes the health, safety, prosperity, quiet enjoyment of property, or welfare of others, offends common decency or public morality, or obstructs or interferes with the free use of public ways,places, or bodies of water. "Nuisance Activities"means and includes: 1. Any structure, use, activity, conduct, or condition that constitutes a nuisance pursuant to SVMC 7.05.040; 2. Ongoing criminal activity related to the property; 3. Any civil code violation as defined by state or local ordinance occurring on the property or around or near the property that has a reasonable and proximate connection to the property. 4. For purposes of this definition"civil code violation"means,civil judgment,issuance of a civil penalty. issuance of a notice and order, or any act or conduct which the City can establish, by a preponderance of the evidence, exists or has occurred regardless of whether such act resulted in a civil penalty. A civil infraction which is deferred or subject to pretrial diversion may be counted as a violation if the violation is proved by a preponderance of the evidence. A finding of not committed on a civil infraction shall not constitute a violation under this chapter. "Ongoing criminal activity related to the premisesproperty"means that(1) criminal activity is or has been occurring at the premisesproperty; or (2) criminal activity is or has been occurring near the premises property and such activity has a reasonable and proximate connection to the prcmisc property,whether by owners,persons in charge,occupants, or persons visiting such owners or occupants. Examples of conduct or actions that constitute criminal activity occurring at or near the premises property of the subject property include,but are not limited to,the following: 1. Service of a search warrant by law enforcement personnel; or 2.Arrest of one or more individuals by law enforcement personnel during any 24-hour period; or 3. Commission of a misdemeanor,gross misdemeanor,or felony at or near the premises property and where there is a reasonable and proximate connection between the crime or criminal and the premisesproperty, including those visiting the owner,person in charge,or occupants of the premisesproperty;or 4. Visits by law enforcement personnel which occur based upon a reasonable belief by law enforcement that a crime is occurring or has occurred, but which do not result in any of the actions identified in subsections (1) through (3) of this definition; provided, that visits alone may not form the sole basis for determining a premises property to be a chronic nuisance premisesproperty. For purposes of this definition, service of warrants, arrests, or commission of misdemeanor or felony domestic violence shall not be considered criminal activity. Ordinance 23-010 Page 3 of 10 DRAFT "Person"means any public or private individual, sole proprietorship, association,partnership,corporation, or legal entity,whether for-profit or not-for-profit, and the agents and assigns thereof. "Person in charge" of a property means the owner and, if different than the owner, any other person in actual or constructive possession of a property,including but not limited to a lessee,tenant,occupant,agent, or manager of a property. "Person(s)responsible for a junk vehicle nuisance violation"means any one or more of the following: 1. The land owner where the junk vehicle is located as shown on the last equalized assessment roll; or 2. The last registered owner of the vehicle,unless the owner in the transfer of ownership of the vehicle has complied with state law;or 3. The legal owner of the vehicle. "Person(s)responsible for a nuisance violation"means the person or persons who caused the violation, if that can be determined, and/or the owner, person in charge, lessor, tenant, or other person(s) entitled to control,use,and/or occupancy of the property and the abutting public rights-of-way. "Property" means a parcel or lot of real property including property used as residential or commercial property, a building, including but not limited to the structure or any separate part or portion thereof, whether permanent or not, or the ground itself, a unit within a building, or a mobile home, manufactured home,or a recreational vehicle placed on a parcel or lot of real property. "Vehicle," for the purposes of SVMC 7.05.040(N), includes every device capable of being moved upon a public highway and in,upon,or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. The term does not include devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks,pursuant to RCW 46.04.670. 7.05.030 Compliance, authority and administration. In order to discourage public nuisances and otherwise promote compliance with oGhapter 7.05 SVMC,the city manager or designee may, in response to field observations, determine that violations of chapter 7.05 SVMC have occurred or are occurring,and may utilize any of the compliance provisions set forth in Gchapter 17.100 SVMC. 7.05.040 Nuisances prohibited. No person, firm, or entity shall erect, contrive, cause, continue, maintain, or permit to exist any public nuisance within the City including on the property of any person,firm,or entity or upon any public rights- of-way abutting a person,firm,or entity's property.Prohibited public nuisances include,but are not limited to: A.Vegetation. 1.Any vegetation,or parts thereof,which hang lower than eight feet above any public walkway or sidewalk; or hang lower than 14 feet above any public street;or which are growing in such a manner as to obstruct or impair the free and full use of any public walkway, sidewalk, or street; or violate City clearview triangle regulations. The City shall be responsible for maintaining all vegetation placed by the City adjacent to a public walkway, sidewalk,or street. 2.Any growth of noxious weeds or toxic vegetation shall be subject to cchapter 16-750 WAC as currently adopted and hereafter amended. Ordinance 23-010 Page 4 of 10 DRAFT B.Buildings, Structures, Fences. Buildings or portions thereof which are deemed dangerous or unfit pursuant to the SVMC(including all building and property maintenance codes and regulations as currently adopted and hereafter amended). C. Sidewalks. 1.Any protrusion,awning,or overhang that inhibits or obstructs use of a public walkway or sidewalk. 2.Any object, construction, or damage that inhibits or obstructs the surface use of a public walkway or sidewalk. 3.Accumulations of dirt or debris not removed from a public sidewalk. D.Accumulations of Materials,Garbage,Recyclables,Furniture,Machinery. 1.Building and Construction Materials. Any accumulation, stack, or pile of building or construction materials,including but not limited to metal,wood,wire, electrical, or plumbing materials,not associated with a current, in-progress project and not in a lawful storage structure or container. This provision does not apply to a designated contractor's yard. 2. Garbage,Recyclables, Compost,and Infestations. a. Garbage or recyclables not properly stored in a receptacle with a tight-fitting lid. b.Any accumulation of broken or neglected items, litter, salvage materials, or junk not in an approved enclosed structure. c. Creating or maintaining any accumulation of matter, including but not limited to foodstuffs or dead vegetation(excluding properly maintained residential compost piles). 3.Furniture,Appliances,Furnishings, and Equipment. a.Any broken or discarded household furniture, furnishings, equipment, or appliance not in an approved enclosed structure. b.Any enclosure which may entrap a human or an animal, including accessible refrigeration appliances that have not had the doors secured or removed. 4.Machinery and Equipment. Any broken or inoperable accumulation of, or part of, machinery or equipment not in an approved enclosed structure. SVMC 7.05.040(D)(4)shall include such machinery and equipment as boats,jet-skis, snowmobiles,aircraft, and the like,but shall not include junk vehicles,which are regulated pursuant to SVMC 7.05.040(N). E.Fire Hazards.Any stack or accumulation of newspapers,dead vegetation(excluding properly maintained compost piles), overgrown vegetation, cardboard, or any other paper, cloth, or wood products left in a manner that poses a substantial risk of combustion or the spread of fire, as determined by the fire marshal. F. Toxic or Caustic Substances.Improper storage or keeping of any toxic,flammable,or caustic substances or materials. G. Smoke, Soot, or Odors.Allowing the escape or emission of any harmful smoke, soot, fumes, gases, or odors which are offensive or harmful to a reasonable person. Ordinance 23-010 Page 5 of 10 DRAFT H.Bodies of Water. 1.All stagnant,pooled water in which mosquitoes,flies,or other insects may multiply,excluding any City- approved structure related to storm drainage systems. 2. The polluting of any waterway,well,or body of water which is not subject to the jurisdiction of another federal, state,county, special purpose district or city agency. I. Holes. Any excavated or naturally occurring uncovered holes which are not marked, guarded, or otherwise secured, and which constitute a concealed danger. J.Attractive Nuisances. Any accessible nuisance which is attractive to children including,but not limited to, unattended machinery or equipment, unsecured abandoned or vacant buildings, open and unattended vehicle trunks,or other unguarded conditions or situations that could injure or trap a child. K.Noise. 1.Any noise or sound that,originating within a residential zone,intrudes into the property of another person that exceeds the maximum permissible noise levels pursuant to cEhapter 173-60 WAC, as currently adopted and hereafter amended. Such noise or sound may include, but is not limited to, noise or sound created by use of a radio, television set, musical instrument, sound amplifier, or other device capable of producing or reproducing noise or sound; or in connection with the starting, operation,repair, rebuilding, or testing of any vehicle,off-highway machinery or equipment,or internal combustion engine. 2. The following shall be exempt from the provisions of SVMC 7.05.040(K)(1): a.Normal use of public rights-of-way; b. Sounds created by motor vehicles when regulated by cEhapter 173-62 WAC; c. Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations; d. Sounds created by surface carriers engaged in commerce or passenger travel by railroad; e. Sounds created by warning devices not operating continuously for more than five minutes, or bells, chimes,or carillons; f. Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible; g. Sounds created by emergency equipment and work necessary in the interest of law enforcement or for health, safety or welfare of the community; h. Sounds originating from officially sanctioned parades and other public events; i. Sounds created by watercraft,except to the extent that they are regulated by other City or state regulations; j. Sounds created by motor vehicles licensed or unlicensed when operated off public highways,except when such sounds are made in or adjacent to residential property where human beings reside or sleep; k. Sounds originating from existing natural gas transmission and distribution facilities; 1. Sounds created in conjunction with public work projects or public work maintenance operations executed at the cost of the federal government, state or municipality; Ordinance 23-010 Page 6 of 10 DRAFT m. Sounds created in conjunction with the collection of solid waste; n. Sounds created in conjunction with military operations or training; o. Sounds originating from organized activities occurring in public parks, playgrounds, gymnasiums, swimming pools, schools, and other public facilities and public recreational facilities during hours of operation; p. Sounds originating from agricultural activities. 3. The following shall be exempt from provisions of SVMC 7.05.040(K)(1)between the hours of 7:00 a.m. and 10:00 p.m.: a. Sounds originating from residential property relating to temporary projects for the repair or maintenance of homes,grounds,and appurtenances; b. Sounds created by the discharge of firearms on authorized shooting ranges; c. Sounds created by blasting; d. Sounds created by aircraft engine testing and maintenance not related to flight operations;provided,that aircraft testing and maintenance shall be conducted at remote sites whenever possible; e. Sounds created by the installation or repair of essential utility services. 4. The following shall be exempt from the provisions of SVMC 7.05.040(K)(1)between the hours of 7:00 a.m. and 10:00 p.m., or when conducted beyond 1,000 feet of any residence where human beings reside and sleep at any hour: a. Sounds originating from temporary construction sites as a result of construction activity; b. Sounds originating from the quarrying,blasting and mining of minerals or materials,including,but not limited to, sand, gravel, rock and clay, as well as the primary reduction and processing of minerals or materials for concrete batching, asphalt mixing and rock crushers; c. Sounds originating from uses on properties which have been specifically conditioned to meet certain noise standards by an appropriate City hearing body. L. Dust. Any disturbance of any land area, or permitting the same,without taking affirmative measures to suppress and minimize the blowing and scattering of dust, which unreasonably interferes with the peace, comfort,or repose of a reasonable person. This provision does not include permitted agricultural activities. M.Yard Sales. The holding or permitting of either: 1.A yard sale on the same lot for (a) more than seven consecutive days; (b) more than two consecutive weekends; or 2.More than three separate yard sale events in one calendar year. The prohibition under this Section SVMC 7.05.040(M) shall only apply to dwellings, including but not limited to single family,multifamily,and duplex dwellings. N. Junk Vehicles. All junk vehicles, or parts thereof, placed, stored, or permitted to be located on private property within the City limits. SVMC 7.05.040(N)does not apply to: Ordinance 23-010 Page 7 of 10 DRAFT 1.Any vehicle or part thereof that is completely enclosed within a lawful structure so that it is not visible from the street or other public or private property; 2.Any vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer, and the private property is fenced pursuant to RCW 46.80.130; 3.A junk vehicle does not include a vehicle which is in the process of being repaired, as evidenced by the good faith efforts of the vehicle owner. This exception shall include having up to one "parts"vehicle,from which parts are being salvaged concurrent with the repair process for the vehicle being excepted from compliance in this section. Good faith efforts of repair may include producing invoices showing work or parts purchased for repair or renovation within 30 days prior to issuance of the notice of violation, or a declaration under penalty of perjury that the vehicle is in the process of being repaired and has been worked on within 30 days prior to issuance of the notice of violation.This exception allows up to 60 days for good faith repair. Upon good cause shown, the city manager or designee shall have the discretion to grant one additional 60-day exception period pursuant to SVMC 7.05.040(N).Under no circumstance shall any good faith efforts of repair extend for more than 120 days,after which time this exception shall no longer apply. This exception shall apply to one vehicle and one parts vehicle per parcel of land per calendar year; 4. There shall be allowed as exceptions to SVMC 7.05.040(N)up to two junk vehicles in R-1,R-2,and R- 3 zones,so long as they are completely sight-screened by maintained landscaping,a maintained landscaped berm, or fencing, as allowed pursuant to any currently adopted SVMC landscaping, berm, or fencing requirements. O. Graffiti.Any graffiti on public or private property. P.Development Code Violations. Any violation pursuant to SVMC Titles 19,20,21,22,23, 24, and/or 25. 7.05.045 Chronic nuisances. A.No person, firm, or entity shall erect,contrive,cause,continue,maintain,or permit to exist any chronic nuisancea chronic nuisance property within the City including on the property of any person,firm,or entity or upon any public rights-of-way abutting a person's, firm's, or entity's property. A parcel or lot of real property, a building, including but not limited to the structure or any separate part of portion thereof, whether permanent or not, or the ground itself, a unit within a building, or a mobile home, manufactured home, or recreational vehicle (collectively referred to as "property") shall constitute a chronic nuisance when any of the following conditions occur: 1. During any continuous 12 month period, the property in question: a. A final determination has been made by the City that conditions on the property constitute a nuisance pursuant to Chapters 7.05 and 17.100 SVMC; and b. Has four or more occurrences of ongoing criminal activity related to the premises; or 2. During any 12 month period,the property in question has five or more occurrences of ongoing criminal activity related to the premises. B. A person in charge who receives a notice and order pursuant to chapter 17.100 SVMC for chronic nuisance must, within 10 days, contact the code enforcement officer who issued the notice and order to establish a plan of action to eliminate the conditions, behaviors, and activities which constitute nuisance activities at the property. Ordinance 23-010 Page 8 of 10 DRAFT BC. Defenses. It shall be a defense against a declaration of chronic nuisance if the person alleged to be responsible for the nuisance (1) affirmatively engages in reasonable and ongoing efforts to remedy the nuisance and/or ongoing criminal activities; and (2) is not the perpetrator nor allows the perpetration of the nuisance or ongoing criminal activities. Section 2. Amendment. Chapter 17.100 of the Spokane Valley Municipal Code is hereby amended as follows.Any section of Chapter 17.100 SVMC not identified herein shall remain unchanged. 17.100.325 Abatement—Chronic nuisances. A. Chronic Nuisance Judicial Abatement Order. The City may seek a judicial abatement order from Spokane County superior court to abate a condition property deemed a chronic nuisance property pursuant to SVMC 7.05.045 where other methods of remedial action have failed to produce compliance. This abatement order,in addition to the remedies outlined in the remainder of Chapter 17.100 SVMC,may seek abatement of the chronic nuisance as follows:If the superior court determines the property to be a chronic nuisance property pursuant to SVMC 7.05.045,the court may: 1. Order the person in charge to immediately abate the nuisance activities and ongoing criminal activity related to the property; 2. Order the property into receivership in accordance with RCW 7.60 and thereby recover from the property the reasonable,necessary expenses of abating the nuisance and returning the property to productive use; 3. Issue a warrant of abatement ordering the City to take all necessary steps to abate, deter, and prevent the resumption of nuisance activities, which may include but is not limited to, the immediate: a. Vacation of the premises;- b. Removal of all personal property subject to seizure and forfeiture pursuant to RCW 69.50.505 or RCW 10.105.010 from the property and direct their disposition pursuant to the forfeiture provisions of RCW 69.50.505 or RCW 10.105.010,respectively; bc. Closure of the property against its use for any purpose, and for keeping it closed for a period of up to one year unless released sooner pursuant to chapter 17.100 SVMC; ed. Removal of garbage,junk vehicles, and any other prohibited nuisance under SVMC 7.05.040 from the property; and e.Safety inspection by Code Enforcement,Building Official,Fire Department,or any other government agency. 4. Any other further relief deemed appropriate by the court. B. In any action filed, the City shall have the burden of showing by a preponderance of evidence that the property is a chronic nuisance property. Police reports, official City reports, affidavits, evidence of a property's general reputation, and the reputation of persons residing or frequenting the property shall be admissible and may be offered as evidence of chronic nuisance. The failure to prosecute an individual, or the fact no one has been convicted of criminal activity,is not a defense to a chronic nuisance action.3. State that while the order of abatement remains in effect,the property,building, or unit(s)within a building shall remain in the custody of the court. Ordinance 23-010 Page 9 of 10 DRAFT C.Upon the finding by the superior court that a property is a chronic nuisance property,the person in charge is subject to the suspension or revocation of a business license or other license issued by the City and required at such property,including but not limited to licenses issued pursuant to Title 5 SVMC. D. The superior court shall retain jurisdiction during any period of closure or abatement of the property. E. The City shall file a formal lis pendens notice when an action for abatement of chronic nuisance is filed in the superior court. BF. The City may seek to recover the costs of abatement pursuant to Gchapter 17.100 SVMC. G.The provisions of this section(SVMC 17.100.325)shall apply retroactively to the greatest extent allowed under applicable law. 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 be in full force and effect five (5) 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 , 2023. ATTEST: Pam Haley, Mayor Christine Bainbridge, City Clerk Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 23-010 Page 10 of 10 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 16,2023 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 — award of American Rescue Plan Act Funds for Affordable Housing and Homeless Services proposals GOVERNING LEGISLATION: 42 U.S.C. § 803; 31 C.F.R. Part 35. PREVIOUS COUNCIL ACTION TAKEN: Numerous City Council meetings from 2021 through 2023. Of note,on May 31,2022, City Council gave consensus for the allocation of all City ARPA funds towards various purposes. On April 11, 2023, Council heard presentations from those submitting proposals to the affordable housing and homeless services RFP. 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 has received approximately $16 million from the Coronavirus Local Fiscal Recovery Fund("CLFR"). Council has had several discussions regarding use of CLFR funds and has allocated all funding to various recipients and categories of funding. Since May 31, 2021,there has been extensive work by City Council and staff in getting CLFR funds obligated through contracts and expended. One of the categories of allowable uses is to replace lost revenue as a result of the pandemic. The United States Treasury has provided a formula and guidance on how to calculate lost revenue.Based on the formula,the City calculated approximately $10.8 million of lost revenue. CLFR funds may be used for any governmental service to replace lost revenue. On May 31, 2022, Council gave consensus to utilize approximately $10.8 million of its CLFR funds for governmental services to replace lost revenue. The City has primarily used these funds towards its ongoing law enforcement contract costs and has expended approximately $6.8 million to date for"revenue replacement"purposes. As a result,the City has identified it will have a corresponding amount of general fund revenue available for use by City Council towards other projects or community needs. The City has utilized that available general fund revenue towards the Spokane Valley Partners property acquisition project, the Spokane Performing Arts Center project, and the affordable housing/homeless services and potential land acquisition categories. Pursuant to City Council's approved allocation, the City released an RFP on January 10, 2023, seeking proposals for affordable housing and/or homeless services. The City received 13 proposals from 12 proponents (one proponent provided two proposals). One of those applicants withdrew its application, leaving a total of 12 proposals for City Council consideration from 11 proponents. City Council originally allocated $5,998,535 towards affordable housing and homeless services and/or land acquisition for City projects,but has determined to withhold$2,000,000 for potential land acquisition. This leaves$3,998,535 for allocation towards the 12 proposals. On April 11, 2023, City Council heard presentations from the 11 proponents (note that while Community Frameworks had two applications,they were for a different number of units as part of what is substantially the same project and so will be presented together at the same time). Page 1 of 3 The applicants,general description of project, and amount requested are as follows: 1. Community Frameworks: New low-income housing; two proposals —$2.9 million for 12 units or $1.8 million for 8 units. 2. Word of Faith Christian Center: Down-payment assistance for low-income residents—$1 million. 3. The Salvation Army: Salvation Army Spokane Valley Bridge Shelter (approximately 45- beds/units)—$1.2 million 4. Spokane Neighborhood Action Partners: Broadway Senior Housing (60-unit affordable senior housing)—$2.3 million. 5. Career Path Services: Affordable housing for at-risk youth(age 18-30)—$3.4 million. 6. Reclaim Project Recovery: Four-part proposal (multi-purpose facility; 10-12 person shelter; transitional sober living facility; thrift store/job creation)—$4 million. 7. Habitat for Humanity-Spokane: Land acquisition for permanently affordable housing — $1.6 million. 8. Filipino American NW Association:Homeless prevention program&creating new services within Spokane Valley—$600,000. 9. Family Promise of Spokane:Fast-leasing and sustainable housing (FLASH)Program(establishing fast leasing and sustainable housing program for families at risk of homelessness)—$1.1 million. 10. Volunteers of America of Eastern Wa&Northern Idaho: "Crosswalk 2.0"(Construction of 18 new emergency shelter beds and 18 college dorm style living for young adults)—$500,000. 11. Freedom Consulting, LLC: Social services expansion and growth (including purchase of duplex for transitional housing)—$875,000. At the conclusion of the presentations, City Council was provided a worksheet to rank the proposals by priority. Staff have compiled those rankings into a table with the top five ranked proposals. Staff have had further discussions with some of the providers regarding their proposals and have provided an initial recommendation on award amounts for City Council consideration and discussion. The top five ranked proposals are (1) Family Promise; (2) VOA Crosswalk 2.0; (3) Reclaim; (4) SNAP Broadway Senior Housing; and (5)Habitat for Humanity land acquisition. Family Promise has provided updated information regarding their proposal. They have received confirmation of the recommendation from the Spokane County Housing and Community Development Advisory Committee (HCDAC)to fund the acquisition of a house in Spokane Valley and have identified a house that suits their needs. They are currently in the due diligence phase of that acquisition. As part of that project,they will also be constructing a paved area for staff and those receiving service. They estimate the cost for paving will be approximately $75,000. Family Promise has also received a recommendation from the HCDAC for $750,000 for rental assistance. Given that a portion of their original proposal included some rental assistance, they believe it would be beneficial to modify any final award to allow for any City award to fund all or a portion of the paving to allow them to fully utilize the site for their programs. Reclaim has also identified that it could utilize any award for a multi-purpose approach to stand up a significant program in Spokane Valley. They have identified that they could use $1.46 million on acquisition of two houses for transitional housing, a significant amount on the down payment, and 18 months of mortgage payments for a "home base" facility located in Spokane Valley; and two years of overhead and operational costs to help get everything up and running before being self-sustaining. Staff have recommended fully funding Family Promise, VOA Crosswalk 2.0, and a portion of Reclaim to allow the City to seed a significant portion of homeless services to address critical issues for families,youth, and individuals experiencing homelessness. Staff also recommend funding a portion of the SNAP Broadway Senior Housing and Habitat for Humanity proposals to seed and establish additional needed affordable housing. These amounts will be meaningful while also spreading money to multiple providers. Once awards are made,staff will negotiate the final scope of work and contracts for each proposal for City Council approval. Page 2 of 3 One other key note is that while not all proposals could be funded due to the overwhelming need and finite amount of money,the City recognizes the value and necessity of all of the proposals. As the City continues to develop its Spokane Valley Homeless Action Plan,the City will continue to engage all of the respondents to see how their services may fit within the needs of the City to provide assistance to those in need within our community. OPTIONS: Motion to approve awards to identified proposals in amounts identified by City Council; or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to approve the proposals in substantially the form submitted and as identified in the attached worksheet in the amounts as shown, and to authorize the City Manager to negotiate and finalize contracts for such awards for City Council approval. BUDGET/FINANCIAL IMPACTS: Approximately $16 million added to budget for eligible expenses. City Council has allocated $3,998,535 for affordable housing and homeless services awards. Contracts resulting from awards made through the RFP process will be on a reimbursement basis. STAFF CONTACT: Erik Lamb,Deputy City Manager; Chelsie Taylor,Finance Director. ATTACHMENTS: Relevant portions of applications. Full applications are available to the public upon request. Ranking sheet(top five only) Page 3 of 3 CITY OF SPOKANE VALLEY,WA 5/16/2023 Coronavirus Local Fiscal Recovery Funds RFP Ranking-Top 5 Councilmember Rankings Higgins Peetz Woodard Wick Haley Hattenburg Padden Average Requested Awarded 1 Family Promise of Spokane 1 2 1 2 3 1 2 2 1,095,078 1,095,078 2 Volunteers of America Eastern WA 3 1 2 1 1 4 4 2 500,000 500,000 3 Reclaim Project Recovery 2 5 3 5 2 3 3 3 4,000,000 1,460,000 4 Spokane Neighborhood Action Partners 4 3 4 3 7 2 6 4 2,300,000 471,729 5 Habitat for Humanity-Spokane 5 4 5 4 4 10 1 5 1,600,000 471,728 Total 15 15 15 15 17 20 16 16 9,495,078 3,998,535 Available to be awarded 3,998,535 Remaining - CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 16, 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: Proposed 2023 Budget Amendment. GOVERNING LEGISLATION: In order for the City to amend an adopted budget, State law requires the Council to approve an ordinance that appropriates additional funds. PREVIOUS COUNCIL ACTION TAKEN: The Council last took formal action on the 2023 Budget when it was adopted on November 8, 2022. BACKGROUND: Since the initial adoption of the 2023 Budget on November 8, 2022, a number of events have transpired that necessitate a 2023 Budget amendment. The proposed budget amendments include: #001 - General Fund Revenues reflect an increase of$4,609,000, including: • $39,000 in grant proceeds for furniture and equipment at the Precinct. • $50,000 for the Spokane County share of the Plante's Ferry Study. • $4,520,000 for anticipated Coronavirus Local Recovery Funding (CLFR) revenue recognition. Provide additional appropriations (expenditures) of$13,506,196 comprised of: • $282,192 increase in salaries, payroll taxes, and benefits costs across all Departments related to the 3% pay increase authorized by City Council at the December 20, 2022 council meeting. • $168,269 increase in salaries, payroll taxes, and benefit costs in the City Manager Department as a result of truing up a previously vacant position to actual amounts and moving the Public Information Officer to this Department from Economic Development. • $23,300 increase in recruitment related costs in the Human Resources Department due to increased recruiting activities, including the City Attorney recruitment costs. • $272,187 decrease in salaries, payroll taxes, and benefit costs in the Engineering Department related to adjusting employee allocations related to the new Stormwater staffing increases. • $9,560 increase in Engineering Department costs related to the new Stormwater staffing increases. • $153,789 decrease in salaries, payroll taxes, and benefits in the Economic Development Department related to moving the Public Information Officer from this department to City Manager. • $9,000 increase in professional services in the Economic Development Department for additional videos for the State of the City event. • $89,226 increase in salaries, payroll taxes, and benefit costs for CenterPlace related to two limited term employees needed for interim staffing needs. • $50,200 for additional computer and other hardware needs related to increases in City staffing. • $85,000 increase for professional services related to the Law Enforcement Staffing Assessment. • $71,000 increase for improvements at the Precinct, including $16,000 in additional costs for fencing around the ancillary building at the old White Elephant, $30,000 in costs for furniture replacement in the roll call room, and $25,000 to replace the vehicle lift in the Precinct shop. Page 1 of 5 • $209,975 increase for the costs of various studies, including $52,475 for the Tourism Study, $27,500 for the CenterPlace Study, $30,000 for the Annexation Study, and $100,000 for the Plante's Ferry Study. • $4,769 increase for the 20th Anniversary costs. This is not an increase in total costs, but rather is moving unspent budgeted amounts from 2022 to 2023. • $16,600 increase for new furniture in Engineering due to increases in staffing. • $6,000 increase for an equipment assessment at CenterPlace in order to determine overall conditions and estimate replacement timeframes. • $38,700 increase to move the costs for repainting the CenterPlace portico and replacement of carpet in CenterPlace to 2023. These items were budgeted in 2022 but were not completed. • $10,000 increase to purchase backup batteries for the emergency lighting system at CenterPlace. • $20,000 increase to repair sidewalks at CenterPlace. • $500,000 to replenish the Winter Weather Reserve Fund #122 back to a fund balance of $500,000. The Street O&M Fund was over budget on snow removal expenditures in 2022 by about $813,000. • $427,327 transfer to the Parks Capital Projects Fund #309 for the Balfour Park Phase 1 project as was authorized by Council at the January 24, 2023 council meeting. • $33,000 transfer to the Parks Capital Projects Fund #309 to replace the pump at Mirabeau Falls. • $5,358,054 transferred to Capital Reserve Fund #312 which represents the 2021 yearend fund balance in excess of 50% of recurring expenditures. • $6,520,000 increase due to expected CLFR related expenditures. #101 — Street O&M Fund Revenues reflect an increase of$6,490,028, including: • $1,700,000 increase of the budgeted solid waste road wear fee (previously budgeted in Fund #106) to reflect funding to implement the local access street program in 2023. • $1,862,929 transfer in from the Solid Waste Fund #106 to transfer the remaining restricted fund balance in Fund #106 from the road wear fee. • $2,677,099 transfer in from the Pavement Preservation Fund #311 to transfer the remaining restricted fund balance in Fund #311 from the road wear fee. • $250,000 transfer in from the Capital Reserve Fund #312 for the surface treatment pilot program. Expenditures increase by $4,247,840, including: • $32,575 increase in salaries, payroll taxes, and benefits costs across all Departments related to the 3% pay increase authorized by City Council at the December 20, 2022 council meeting. • $22,431 increase in salaries, payroll taxes, and benefit costs in the Street Fund related to adjusting employee allocations related to the new Stormwater staffing increases. • $116,602 increase to salaries, payroll taxes, and benefit costs for Streets related to two limited term employees needed for interim staffing needs. • $16,110 increase Street costs related the new Stormwater staffing increases. • $1,530 increase for new desks at the Maintenance Shop (50% cost to Stormwater). • $8,500 increase for the remaining costs to install a generator at the Maintenance Shop (50% cost to Stormwater). • $4,050,092 increase to implement the local street program. The largest line-item costs included in this amount are $131,992 for salaries, payroll taxes, and benefits and $3,850,000 for contract street maintenance contracts. This program is paid for using the solid waste road wear fee. Page 2 of 5 #104 — Hotel/Motel Tax—Tourism Facilities Fund Increase in revenues of $515,198 for transfers in from the Hotel/Motel Tax Fund #105. This increase reflects a Council motion on December 13, 2022, as part of the lodging tax grant process for the 2023 awards. Increase in expenditures of $2,000,000 for the lodging tax award to Spokane County for improvements to Avista Stadium. This was approved by Council motion on January 31, 2023. #105 — Hotel / Motel Tax Fund Net decrease of$46,100 in expenditures comprised of an increase in transfers out to the Hotel / Motel Tax — Tourism Facilities Fund #104 of $515,198 and a decrease of $561,298 in tourism promotion costs as was approved during the lodging tax process at the December 13, 2022 Council meeting. #106 — Solid Waste Fund Revenues decrease by $1,700,000 for the budgeted solid waste road wear fee (now budgeted in Fund #101) to reflect funding to implement the local access street program in 2023 in the Street O&M Fund #101. Net increase in expenditures of$162,929 consisting of an increase of$1,862,929 in transfers out to the Street O&M Fund#101 to transfer the remaining restricted fund balance in Fund #106 from the road wear fee, and a decrease of$1,700,000 in transfers out to the Pavement Preservation Fund #311 for that same road wear fee. #122 —Winter Weather Reserve Fund Revenues are increased by $500,000 reflecting a transfer in from the General Fund #001 to replenish the fund balance to $500,000. The Street O&M Fund was over budget on snow removal expenditures in 2022 by about $813,000, of which $500,000 was reimbursed to Fund #101 from Fund #122 during that year. #309 — Parks Capital Projects Fund Revenues and expenditures are proposed to increase by $1,654,465. This amount includes: • $1,621,465 for the Balfour Park Phase 1 construction costs. The expenditures are funded through $427,327 transfer in from the General Fund, $40,192 transfer in from the Civic Facilities Capital Projects Fund #310, and $1,153,946 transfer in from the Capital Reserve Fund #312. • $33,000 for the pump replacement at Mirabeau Falls, which is funded by a transfer in from the General Fund. #310 — Civic Facilities Capital Projects Fund Expenditures are increased by $839,285 for the City's contribution to the joint improvement costs of the new library being constructed adjacent to Balfour Park as outlined in the Memorandum of Understanding with the Library District. This consists of a payment of $799,093 to the Library District and a transfer to the Parks Capital Projects Fund #309. #311 — Pavement Preservation Fund Revenues decrease by$1,700,000 to eliminate the transfer of the solid waste road wear fee from the Solid Waste Fund #106 as this amount will now be accounted for in the Street O&M Fund #101 to fund the local access street program. Expenditures increase by a transfer out of $2,677,099 to the Street O&M Fund #101 to transfer the remaining restricted fund balance in Fund #311 from the road wear fee. Page 3 of 5 #312 — Capital Reserve Fund Revenues are increased due to a transfer of $5,358,054 from General Fund #001 which represents the 2021 yearend fund balance in excess of 50% of recurring expenditures. Expenditures are increased by $2,954,546 which includes: • $791,000 for the purchase of 10303 E Sprague (Balfour Facility). • $759,600 for the amount still owing for the purchase of the WSDOT property adjacent to Sullivan Park. • $250,000 transfer to the Street O&M Fund #101 for a surface treatment pilot program. • $1,153,946 transfer to the Parks Capital Projects Fund #309 for the Balfour Park Improvements Phase 1. #402 — Stormwater Fund Revenues are increased by $3,649,000 to reflect the increase in the Stormwater fees to the proactive level of service. Expenditures increase by $1,135,586, which consists of: • $17,488 increase in salaries, payroll taxes, and benefits costs across all Departments related to the 3% pay increase authorized by City Council at the December 20, 2022 council meeting. • $304,488 increase in salaries, payroll taxes, and benefit costs in the Stormwater Fund related to adjusting employee allocations related to the new Stormwater staffing increases. • $543,580 increase costs related the new Stormwater staffing increases. The largest of these are $300,000 for private stormwater maintenance and $150,000 for capital projects. • $260,000 for the purchase of an easement from the Spokane Conservation District, which was approved by council at the January 10, 2023 council meeting. • $1,530 increase for new desks at the Maintenance Shop (50% cost to Street). • $8,500 increase for the remaining costs to install a generator at the Maintenance Shop (50% cost to Street). The 2023 Budget amendment reflects the changes noted above and will affect 11 funds resulting in total revenue increases of$19,375,745 and expenditure increases of$29,131,846. Revenue Expenditure Fund Fund Increase Increase No. Name (Decrease) (Decrease) 001 General Fund 4,609,000 13,506,196 101 Street O&M Fund 6,490,028 4,247,840 104 Hotel/Motel Tax -Tourism Facilities Fund 515,198 2,000,000 105 Hotel/Motel Tax Fund 0 (46,100) 106 Solid Waste Fund (1,700,000) 162,929 122 Winter Weather Reserve Fund 500,000 0 309 Parks Capital Projects Fund 1,654,465 1,654,465 310 Civic Facilities Capital Projects Fund 0 839,285 311 Pavement Preservation Fund (1,700,000) 2,677,099 312 Capital Reserve Fund 5,358,054 2,954,546 402 Stormwater Fund 3,649,000 1,135,586 19,375,745 29,131,846 The 2023 Budget amendment also includes changes to the Employee Position Classification Monthly Salary Schedule to reflect the increases to the lower and upper ends of the salary ranges Page 4 of 5 that were approved by Council at the December 20, 2022 council meeting as well as the addition of a new position related to the increased staffing in the Stormwater Fund. OPTIONS: Future options are to accept the proposed amendments in whole or in-part. RECOMMENDED ACTION OR MOTION: Staff seek Council consensus to move forward with amendments to the 2023 Budget as presented. If approved, we anticipate the following calendar of events leading to Council approval of the amending ordinance. • May 23, 2023— Public hearing on the 2023 Budget Amendment. • May 23, 2023— First reading of Ordinance #23-011 amending the 2023 Budget. • May 30, 2023—Second reading of Ordinance #23-011 amending the 2023 Budget. BUDGET/FINANCIAL IMPACTS: Once approved, this action amends the estimated revenues and appropriations for the 2023 Budget that was adopted on November 8, 2022. There are adequate funds available to pay for these amendments. STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: • Fund level line-item detail of revenues and expenditures. • Fund summaries for all funds affected by the proposed budget amendment. • Amended salary schedule. Page 5 of 5 P:\Finance\Budgets\2023 Budget\Budget AmendmentWmendment#1\2023 05 16 Admin Report\2023 Amendment No 1 Detail v1 for RCA CITY OF SPOKANE VALLEY,WA 5/9/2023 2023 Budget-Amendment#1 Line Item Detail Account Account Initial Amended Description Number Description/Justification Budget Amendment Budget #001 -General Fund Recurring Expenditures Salaries and Wages-City Manager 001.013.000.513.10.10.00 -Adjust for 3%payroll increase,true up new employee amounts,move PIO from Econ Dev 605,188 144,820 750,008 Payroll Taxes&Benefits-City Manager 001.013.000.513.10.20.00 -Adjust for 3%payroll increase,true up new employee amounts,move PIO from Econ Dev 281,702 48,694 330,396 Salaries and Wages-City Attorney 001.013.015.515.32.10.00 -Adjust for 3%payroll increase 536,853 16,119 552,972 Payroll Taxes&Benefits-City Attorney 001.013.015.515.32.20.00 -Adjust for 3%payroll increase 222,770 2,677 225,447 Salaries and Wages-Public Safety 001.016.016.521.50.10.00 -Adjust for 3%payroll increase 23,799 712 24,511 Payroll Taxes&Benefits-Public Safety 001.016.016.521.50.20.00 -Adjust for 3%payroll increase 14,044 134 14,178 Salaries and Wages-DCM 001.018.013.513.10.10.00 -Adjust for 3%payroll increase 400,755 12,025 412,780 Payroll Taxes&Benefits-DCM 001.018.013.513.10.20.00 -Adjust for 3%payroll increase 136,762 1,910 138,672 Salaries and Wages-Finance 001.018.014.514.23.10.00 -Adjust for 3%payroll increase 912,696 27,398 940,094 Payroll Taxes&Benefits-Finance 001.018.014.514.23.20.00 -Adjust for 3%payroll increase 380,144 4,817 384,961 Salaries and Wages-HR 001.018.016.518.10.10.00 -Adjust for 3%payroll increase 233,091 7,004 240,095 Payroll Taxes&Benefits-HR 001.018.016.518.10.20.00 -Adjust for 3%payroll increase 89,377 1,002 90,379 Office&Operating Supplies-HR 001.018.016.518.10.31.01 - Materials for job fairs 500 1,000 1,500 Employee Health&Wellness Supplies-1001.018.016.518.10.35.13 - Employee recognition supplies 700 800 1,500 Advertising-HR 001.018.016.518.10.41.17 - City Attorney recruitment 4,000 21,000 25,000 Registrations-HR 001.018.016.518.10.49.04 - Job fair registrations 650 500 1,150 Salaries and Wages-IT 001.018.017.518.80.10.00 -Adjust for 3%payroll increase 295,392 9,228 304,620 Payroll Taxes&Benefits-IT 001.018.017.518.80.20.00 -Adjust for 3%payroll increase 116,916 1,736 118,652 Salaries and Wages-Facilities 001.033.000.518.30.10.00 -Adjust for 3%payroll increase 175,304 5,245 180,549 Payroll Taxes&Benefits-Facilities 001.033.000.518.30.20.00 -Adjust for 3%payroll increase 78,394 987 79,381 Salaries and Wages-CPW Admin 001.040.000.518.90.10.00 -Adjust for 3%payroll increase 235,368 7,068 242,436 Payroll Taxes&Benefits-CPW Admin 001.040.000.518.90.20.00 -Adjust for 3%payroll increase 73,158 1,006 74,164 Salaries and Wages-Engineering 001.040.041.543.10.10.00 -Adjust for 3%payroll increase,adjust Eng FTE allocations for new SW staffing 827,512 (63,039) 764,473 Payroll Taxes&Benefits-Engineering 001.040.041.543.10.20.00 -Adjust for 3%payroll increase,adjust Eng FTE allocations for new SW staffing 341,779 (28,161) 313,618 Safety Equipment-Engineering 001.040.041.543.10.31.06 -Adjust Eng for new SW staffing 500 400 900 Fuel-Engineering 001.040.041.543.10.32.01 -Adjust Eng for new SW staffing 5,000 500 5,500 Small Tools&Equip-Engineering 001.040.041.543.10.35.01 -Adjust Eng for new SW staffing 2,500 1,600 4,100 Cell Phones-Engineering 001.040.041.543.10.42.03 -Adjust Eng for new SW staffing 6,920 1,010 7,930 Equipment Repair&Maintenance-Eng 001.040.041.543.10.48.01 -Adjust Eng for new SW staffing 2,000 500 2,500 Software Licenses-Engineering 001.040.041.543.10.48.03 -Adjust Eng for new SW staffing 24,150 4,800 28,950 Page 1 of 9 P:\Finance\Budgets\2023 Budget\Budget AmendmentWmendment#1\2023 05 16 Admin Report\2023 Amendment No 1 Detail v1 for RCA CITY OF SPOKANE VALLEY,WA 5/9/2023 2023 Budget-Amendment#1 Line Item Detail Account Account Initial Amended Description Number Description/Justification Budget Amendment Budget #001 -General Fund-continued Recurring Expenditures-continued Memberships/Professional Licenses-En 001.040.041.543.10.49.02 -Adjust Eng for new SW staffing 2,245 250 2,495 Registrations-Engineering 001.040.041.543.10.49.04 -Adjust Eng for new SW staffing 7,500 500 8,000 Salaries and Wages-Engineering 001.040.041.558.50.10.00 -Adjust for 3%payroll increase,adjust Eng FTE allocations for new SW staffing 575,640 (83,915) 491,725 Payroll Taxes&Benefits-Engineering 001.040.041.558.50.20.00 -Adjust for 3%payroll increase,adjust Eng FTE allocations for new SW staffing 234,755 (46,732) 188,023 Salaries and Wages-Econ Dev 001.040.042.558.70.10.00 -Adjust for 3%payroll increase,move PIO to CM 557,659 (86,133) 471,526 Payroll Taxes&Benefits-Econ Dev 001.040.042.558.70.20.00 -Adjust for 3%payroll increase,move PIO to CM 237,436 (46,056) 191,380 Professional Services-Econ Dev 001.040.042.558.70.41.05 -Additional videos for State of the City 60,000 9,000 69,000 Salaries and Wages-HHS 001.040.042.565.40.10.00 -Adjust for 3%payroll increase 93,600 2,808 96,408 Payroll Taxes&Benefits-HHS 001.040.042.565.40.20.00 -Adjust for 3%payroll increase 33,335 528 33,863 Salaries and Wages-Code Enf. 001.040.043.524.60.10.00 -Adjust for 3%payroll increase 153,204 4,584 157,788 Payroll Taxes&Benefits-Code Enf. 001.040.043.524.60.20.00 -Adjust for 3%payroll increase 61,868 862 62,730 Salaries and Wages-Building 001.040.043.558.50.10.00 -Adjust for 3%payroll increase 994,528 30,318 1,024,846 Payroll Taxes&Benefits-Building 001.040.043.558.50.20.00 -Adjust for 3%payroll increase 428,782 5,703 434,485 Salaries and Wages-Planning 001.040.044.558.60.10.00 -Adjust for 3%payroll increase 490,164 15,852 506,016 Payroll Taxes&Benefits-Planning 001.040.044.558.60.20.00 -Adjust for 3%payroll increase 199,185 2,983 202,168 Salaries and Wages-P&R Admin 001.076.000.576.80.10.00 -Adjust for 3%payroll increase 207,268 6,205 213,473 Payroll Taxes&Benefits-P&R Admin 001.076.000.576.80.20.00 -Adjust for 3%payroll increase 79,947 1,167 81,114 Salaries and Wages-Recreation 001.076.301.571.10.10.00 -Adjust for 3%payroll increase 97,306 2,935 100,241 Payroll Taxes&Benefits-Recreation 001.076.301.571.10.20.00 -Adjust for 3%payroll increase 54,729 552 55,281 Salaries and Wages-Senior Center 001.076.304.575.50.10.00 -Adjust for 3%payroll increase 22,550 677 23,227 Payroll Taxes&Benefits-Senior Center 001.076.304.575.50.20.00 -Adjust for 3%payroll increase 8,787 127 8,914 Salaries and Wages-CenterPlace 001.076.305.575.50.10.00 -Adjust for 3%payroll increase,add limited term employees 281,460 78,031 359,491 Payroll Taxes&Benefits-CenterPlace 001.076.305.575.50.20.00 -Adjust for 3%payroll increase,add limited term employees 160,524 21,833 182,357 Desktop Hardware-Non Capital 001.090.000.518.85.35.11 -Additional computer and hardware due to increased staffing 15,500 50,200 65,700 Total recurring expenditures 205,771 Page 2 of 9 P:\Finance\Budgets\2023 Budget\Budget AmendmentWmendment#1\2023 05 16 Admin Report\2023 Amendment No 1 Detail v1 for RCA CITY OF SPOKANE VALLEY,WA 5/9/2023 2023 Budget-Amendment#1 Line Item Detail Account Account Initial Amended Description Number Description/Justification Budget Amendment Budget #001 -General Fund-continued Nonrecurring Revenues 001.016.099.xxx.xx.xx - Grant proceeds for furniture&equipment at the Precinct grant precinct 0 39,000 39,000 Spokane County 001.040.099.xxx.xx.xx - County portion of Plante's Ferry Study 0 50,000 50,000 Grant Proceeds 001.090.331.330.21.01 - Estimated CLFR revenues for 2023 0 4,520,000 4,520,000 Total nonrecurring revenues 4,609,000 Nonrecurring Expenditures Law Enforcement Prof Services 001.016.099.521.10.41.10 -Add costs for Law Enf.Staffing Assessment 0 85,000 85,000 Precinct Improvements 001.016.099.521.21.48.01 - Fencing for Ancillary Building 15,000 16,000 31,000 Precinct Furniture 001.016.099.594.21.64.01 - Furniture for roll call room at Precinct 0 30,000 30,000 Precinct Heavy Duty Equipment 001.016.099.594.21.64.05 - Precinct shop lift replacement 0 25,000 25,000 Professional Services-Econ Dev 001.040.099.558.70.41.05 -Add costs for various studies/consultants 0 209,975 209,975 Professional Services-20th Anniversary 001.040.099.573.90.41.05 - Move forward costs for the 20th Anniversary not expended in 2022 30,000 4,769 34,769 Office Furniture&Equipment 001.040.099.594.XX.64.01 - Furniture for additional Engineering staff 0 16,600 16,600 CenterPlace Prof Services 001.076.099.575.50.41.05 - Equipment Assessment 0 6,000 6,000 CenterPlace Improvements 001.076.099.575.50.48.01 - Move CenterPlace portico painting and carpet replacement from 2022 0 38,700 38,700 CenterPlace Improvements 001.076.099.575.50.48.01 - Backup batteries for CenterPlace emergency lighting 0 10,000 10,000 CenterPlace Sidewalk 001.076.099.594.50.62.01 - Sidewalk repairs at CenterPlace 0 20,000 20,000 Transfer out-#122 001.090.099.597.12.00.20 - Replenish winter weather reserve 0 500,000 500,000 Transfer out-#309 001.090.099.597.30.00.90 - Balfour Park Imp. Phase 1 0 427,327 427,327 Transfer out-#309 001.090.099.597.30.00.90 - Pump replacement for Mirabeau Falls 0 33,000 33,000 Transfer out-#312 001.090.099.597.31.00.20 - 2021 #001 fund bal>50% 0 5,358,054 5,358,054 CLFR Program Expenditures 001.090.331.514.60.xx.xx - Estimated CLFR related expenditures for 2023 0 6,520,000 6,520,000 Total nonrecurring expenditures 13,300,425 Total of all General Fund revenues 4,609,000 Total of all General Fund expenditures 13,506,196 Page 3 of 9 P:\Finance\Budgets\2023 Budget\Budget AmendmentWmendment#1\2023 05 16 Admin Report\2023 Amendment No 1 Detail v1 for RCA CITY OF SPOKANE VALLEY,WA 5/9/2023 2023 Budget-Amendment#1 Line Item Detail Account Account Initial Amended Description Number Description/Justification Budget Amendment Budget #101 -Street Fund Revenues - Move road wear fee from Fund#106 to Solid Waste Road Wear Fee 101.044.000.344.10.01 implement the local access street program 0 1,700,000 1,700,000 - Transfer remaining road wear fee amounts from Transfers in-#106 101.044.099.397.10.10 fund balance from Fund#106 0 1,862,929 1,862,929 - Transfer remaining road wear fee amounts from Transfers in-#311 101.044.099.397.31.10 fund balance from Fund#311 0 2,677,099 2,677,099 - Transfer amount for surface treatment pilot Transfers in-#312 101.044.099.397.31.20 program 0 250,000 250,000 Total revenues 6,490,028 Expenditures Salaries and Wages-Snow -Adjust for 3%payroll increase,adjust Eng FTE 101.000.000.542.66.10.00 allocations for new SW staffing 147,795 18,637 166,432 Payroll Taxes&Benefits-Snow -Adjust for 3%payroll increase,adjust Eng FTE 101.000.000.542.66.20.00 allocations for new SW staffing 64,559 10,517 75,076 Salaries and Wages-Street Maint. -Adjust for 3%payroll increase,adjust Eng FTE 101.042.000.542.10.10.00 allocations for new SW staffing 679,519 13,328 692,847 Payroll Taxes&Benefits-Street Maint. -Adjust for 3%payroll increase,adjust Eng FTE 101.042.000.542.10.20.00 allocations for new SW staffing 296,825 4,111 300,936 Limited Term Salaries and Wages 101.042.000.542.10.10.00 -Add 2 limited term employees 0 72,360 72,360 Limited Term Payroll Taxes&Benefits 101.042.000.542.10.20.00 -Add 2 limited term employees 0 44,242 44,242 Safety Equipment-Traffic 101.042.000.542.10.31.06 -Adjust Eng for new SW staffing 1,000 200 1,200 Vehicle Maint Supplies-Traffic 101.042.000.542.10.31.10 -Adjust Eng for new SW staffing 10,000 2,500 12,500 Fuel-Traffic 101.042.000.542.10.32.01 -Adjust Eng for new SW staffing 15,000 3,000 18,000 Cell Phones-Traffic 101.042.000.542.10.42.03 -Adjust Eng for new SW staffing 6,460 1,010 7,470 Travel/Mileage-Traffic 101.042.000.542.10.43.01 -Adjust Eng for new SW staffing 7,800 1,000 8,800 Equipment Rental-Traffic 101.042.000.542.10.45.03 -Adjust Eng for new SW staffing 12,300 5,000 17,300 Equip Repair&Maintenance-Traffic 101.042.000.542.10.48.01 -Adjust Eng for new SW staffing 3,000 500 3,500 Software Licenses-Traffic 101.042.000.542.10.48.03 -Adjust Eng for new SW staffing 20,536 600 21,136 Small Tools&Minor Equip-Traffic 101.042.000.542.64.35.01 -Adjust Eng for new SW staffing 55,000 800 55,800 Memberships/Prof Licenses-Traffic 101.042.000.542.90.49.02 -Adjust Eng for new SW staffing 72,227 1,000 73,227 Registrations-Traffic 101.042.000.542.90.49.04 -Adjust Eng for new SW staffing 3,500 500 4,000 Furniture&Equipment-Traffic 101.042.099.594.42.64.01 - Desks for Maintenance Shop(50%Storm) 0 1,530 1,530 Heavy Duty Machinery&Equip - Remainder of cost for Maintenance Shop 101.042.099.594.44.64.05 Generator(50%Storm) 0 8,500 8,500 Page 4 of 9 P:\Finance\Budgets\2023 Budget\Budget AmendmentWmendment#1\2023 05 16 Admin Report\2023 Amendment No 1 Detail v1 for RCA CITY OF SPOKANE VALLEY,WA 5/9/2023 2023 Budget-Amendment#1 Line Item Detail Account Account Initial Amended Description Number Description/Justification Budget Amendment Budget #101 -Street Fund-continued Expenditures -continued Salaries and Wages-Bridge Maint. -Adjust for 3%payroll increase,adjust Eng FTE 101.043.000.542.10.10.00 allocations for new SW staffing 25,008 6,053 31,061 Payroll Taxes&Benefits-Bridge Maint. -Adjust for 3%payroll increase,adjust Eng FTE 101.043.000.542.10.20.00 allocations for new SW staffing 10,811 2,360 13,171 Salaries and Wages-Local Streets 101.044.000.542.10.10.00 - Implement local streets program 0 93,118 93,118 Payroll Taxes&Benefits-Local Streets 101.044.000.542.10.20.00 - Implement local streets program 0 38,874 38,874 Safety Equipment-Local Streets 101.044.000.542.10.31.06 - Implement local streets program 0 300 300 Repair&Maint Supplies-Local Streets 101.044.000.542.10.31.08 - Implement local streets program 0 1,000 1,000 Small Tools&Minor Equip-Local Street 101.044.000.542.10.35.01 - Implement local streets program 0 2,000 2,000 Engineering&Architect-Local Streets 101.044.000.542.10.41.02 - Implement local streets program 0 50,000 50,000 Contract St Maint-Local Streets 101.044.000.542.10.41.10 - Implement local streets program 0 3,850,000 3,850,000 Advertising-Local Streets 101.044.000.542.10.41.17 - Implement local streets program 0 2,500 2,500 Cell Phones-Local Streets 101.044.000.542.10.42.03 - Implement local streets program 0 300 300 Travel/Mileage-Local Streets 101.044.000.542.10.43.01 - Implement local streets program 0 1,500 1,500 Equipment Rental-Local Streets 101.044.000.542.30.45.03 - Implement local streets program 0 500 500 Software Licenses-Local Streets 101.044.000.542.10.48.03 - Implement local streets program 0 9,000 9,000 Registrations-Local Streets 101.044.000.542.10.49.04 - Implement local streets program 0 500 500 Printing&Binding-Local Streets 101.044.000.542.10.49.03 - Implement local streets program 0 500 500 Total expenditures 4,247,840 #104-Hotel/Motel Tax-Tourism Facilities Fund Revenues Transfers in-#105 104.000.000.397.10.50 - Transfer based on Council action in 2022 0 515,198 515,198 Total revenues 515,198 Expenditures Spokane Cnty-Avista Stadium Award 104.000.000.557.30.41.00 - Based on Council action 0 2,000,000 2,000,000 Total expenditures 2,000,000 Page 5 of 9 P:\Finance\Budgets\2023 Budget\Budget AmendmentWmendment#1\2023 05 16 Admin Report\2023 Amendment No 1 Detail v1 for RCA CITY OF SPOKANE VALLEY,WA 5/9/2023 2023 Budget-Amendment#1 Line Item Detail Account Account Initial Amended Description Number Description/Justification Budget Amendment Budget #105-Hotel/Motel Tax Fund Expenditures Tourism Promotion 105.105.000.557.30.41.00 - Decrease for based on actual Council awards 871,000 (561,298) 309,702 Transfers out-#104 105.105.000.597.10.00.40 - Transfer based on Council action in 2022 0 515,198 515,198 Total expenditures (46,100) #106-Solid Waste Fund Revenues - Move road wear fee to Fund#101 to implement Solid Waste Road Wear Fee 106.000.000.344.10.01 the local access street program 1,700,000 (1,700,000) 0 Total revenues (1,700,000) #106-Solid Waste Fund-continued Expenditures - Transfer remaining road wear fee amounts from Transfers out-#101 106.000.000.597.10.00.10 fund balance to Fund#101 0 1,862,929 1,862,929 Transfers out-#311 106.000.000.597.31.00.10 - Elminate road wear transfer to Fund#311 1,700,000 (1,700,000) 0 Total expenditures 162,929 #122-Winter Weather Reserve Fund Revenues Transfer in-#001 122.122.000.397.00.10 - Replenish Winter Weather Reserve 0 500,000 500,000 Total revenues 500,000 Page 6 of 9 P:\Finance\Budgets\2023 Budget\Budget AmendmentWmendment#1\2023 05 16 Admin Report\2023 Amendment No 1 Detail v1 for RCA CITY OF SPOKANE VALLEY,WA 5/9/2023 2023 Budget-Amendment#1 Line Item Detail Account Account Initial Amended Description Number Description/Justification Budget Amendment Budget #309-Parks Capital Projects Fund Revenues Transfer in-#001 309.000.316.397.00.10 - Balfour Park Imp. Phase 1 0 427,327 427,327 Transfer in-#001 309.000.xxx.397.00.10 - Pump replacement for Mirabeau Falls 0 33,000 33,000 Transfer in-#310 309.000.316.397.31.00 - Balfour Park joint improvements 0 40,192 40,192 Transfer in-#312 309.000.316.397.31.20 - Balfour Park Imp. Phase 1 3,400,000 1,153,946 4,553,946 Total revenues 1,654,465 Expenditures Balfour Park 309.000.316.594.76.63.00 - 2023 Construction Costs 3,400,000 1,621,465 5,021,465 Mirabeau Falls 309.000.xxx.594.76.63.00 - Pump replacement for Mirabeau Falls 0 33,000 33,000 Total expenditures 1,654,465 #310-Civic Facilities Capital Projects Fund Expenditures Payment to Library District 310.000.000.576.90.41.05 - Payment to the Library District for joint improvement costs per MOU 0 799,093 799,093 Transfer out-#309 310.000.000.597.30.00.90 - Balfour Park joint improvements 0 40,192 40,192 Total expenditures 839,285 #311 -Pavement Preservation Fund Revenues Transfer in-#106 311.000.000.397.10.60 - Elminate road wear transfer to Fund#311 1,700,000 (1,700,000) 5,358,054 Total revenues (1,700,000) Expenditures Transfer out-#101 311.000.000.597.10.00.10 - Transfer remaining road wear fee amounts from fund balance to Fund#101 0 2,677,099 2,677,099 Total expenditures 2,677,099 Page 7 of 9 P:\Finance\Budgets\2023 Budget\Budget AmendmentWmendment#1\2023 05 16 Admin Report\2023 Amendment No 1 Detail v1 for RCA CITY OF SPOKANE VALLEY,WA 5/9/2023 2023 Budget-Amendment#1 Line Item Detail Account Account Initial Amended Description Number Description/Justification Budget Amendment Budget #312-Capital Reserve Fund Revenues Transfer in-#001 312.000.000.397.00.10 - 2021 #001 fund bal >50% 0 5,358,054 5,358,054 Total revenues 5,358,054 Expenditures Property acquisition 312.000.000.594.18.61.00 - Purchase of 10303 E Sprague 0 791,000 791,000 Property acquisition 312.000.000.594.76.61.00 - WSDOT Sullivan Park Property Acquisition 0 759,600 759,600 Transfer out-#101 - Transfer amount for surface treatment pilot 312.000.000.597.10.00.10 program 0 250,000 250,000 Transfer out-#309 312.000.000.597.30.00.90 - Balfour Park Imp. Phase 1 4,523,900 1,153,946 5,677,846 Total expenditures 2,954,546 #402-Stormwater Fund Revenues Stormwater Mgmt Fees 402.402.000.343.13.00 - Update Stormwater Fees for revenue increase 1,951,000 3,649,000 5,600,000 Total revenues 3,649,000 Expenditures Salaries and Wages -Adjust for 3%payroll increase,adjust Eng FTE 402.402.000.531.36.10.00 allocations for new SW staffing 447,402 219,536 666,938 Payroll Taxes&Benefits -Adjust for 3%payroll increase,adjust Eng FTE 402.402.000.531.36.20.00 allocations for new SW staffing 187,990 102,440 290,430 Safety Equipment 402.402.000.531.36.31.06 -Adjust for proactive SW program 300 400 700 Repair&Maintenance Supplies 402.402.000.531.36.31.08 - Purchase of new storm lids/grates 2,000 75,000 77,000 Vehicle Maintenance Supplies 402.402.000.531.36.31.10 -Adjust for proactive SW program 3,500 500 4,000 Fuel 402.402.000.531.36.32.01 -Adjust for proactive SW program 7,500 1,000 8,500 Small Tools&Minor Equipment 402.402.000.531.36.35.01 -Adjust for proactive SW program 5,000 1,600 6,600 Private Stormwater Maintenance 402.402.000.531.36.41.10 -Adjust for proactive SW program 1,268,668 300,000 1,568,668 Advertising 402.402.000.531.36.41.17 -Adjust for proactive SW program 1,000 1,000 2,000 Cell Phones 402.402.000.531.36.42.03 -Adjust for proactive SW program 2,260 3,030 5,290 Travel/Mileage 402.402.000.531.36.43.01 -Adjust for proactive SW program 2,000 1,000 3,000 Equipment Repair&Maintenance 402.402.000.531.36.48.01 -Adjust for proactive SW program 7,500 500 8,000 Software Licenses&Maintenance 402.402.000.531.36.48.03 -Adjust for proactive SW program 2,556 7,800 10,356 Memberships/Professional Licenses 402.402.000.531.36.49.02 -Adjust for proactive SW program 1,699 250 1,949 Page 8 of 9 P:\Finance\Budgets\2023 Budget\Budget AmendmentWmendment#1\2023 05 16 Admin Report\2023 Amendment No 1 Detail v1 for RCA CITY OF SPOKANE VALLEY,WA 5/9/2023 2023 Budget-Amendment#1 Line Item Detail Account Account Initial Amended Description Number Description/Justification Budget Amendment Budget #402-Stormwater Fund-continued Expenditures -continued Registrations 402.402.000.531.36.49.04 -Adjust for proactive SW program 2,625 1,500 4,125 Land Acquisition 402.000.099.594.31.61.00 - Spokane Conservation District Easement 0 260,000 260,000 Heavy Duty Machinery&Equipment - Remainder of cost for Maintenance Shop 402.000.099.594.31.64.05 Generator(50%Street) 0 8,500 8,500 Furniture&Equipment 402.402.099.594.38.34.01 - Desks for Maintenance Shop(50%Street) 0 1,530 1,530 Construction/Capital Outlay 402.000.099.595.40.63.00 -Adjust for proactive SW program 200,000 150,000 350,000 Total expenditures 1,135,586 Totals Across all Funds Total revenues 19,375,745 Total expenditures 29,131,846 Page 9 of 9 P:\Finance\Budgets\2023 Budget\Budget Amendment\Amendment#1\2023 05 16 Admin Report\2023 Budget Summary for Amended Funds No 1 CITY OF SPOKANE VALLEY, WA 5/9/2023 2023 Budget Amendment 2023 As Proposed As Adopted Amendment Amended #001 -GENERAL FUND RECURRING ACTIVITY Revenues Property Tax 13,569,200 0 13,569,200 Sales Tax 30,555,000 0 30,555,000 Sales Tax- Public Safety 1,357,000 0 1,357,000 Sales Tax-Criminal Justice 2,398,000 0 2,398,000 Gambling Tax and Leasehold Excise Tax 383,000 0 383,000 Franchise Fees/Business Registration 1,215,000 0 1,215,000 State Shared Revenues 2,341,000 0 2,341,000 Fines and Forfeitures/Public Safety 518,600 0 518,600 Community and Public Works 3,145,900 0 3,145,900 Recreation Program Revenues 625,500 0 625,500 Grant Proceeds 120,000 0 120,000 Miscellaneous Department Revenue 2,500 0 2,500 Miscellaneous & Investment Interest 158,200 0 158,200 Transfers in -#105 (h/m tax-CP advertising) 30,000 0 30,000 Total Recurring Revenues 56,418,900 0 56,418,900 Expenditures City Council 707,558 0 707,558 City Manager 965,890 193,514 1,159,404 City Attorney 903,110 18,796 921,906 Public Safety 32,771,515 846 32,772,361 Deputy City Manager 590,817 13,935 604,752 Finance 1,313,840 32,215 1,346,055 Human Resources 354,278 31,306 385,584 Information Technology 425,208 10,964 436,172 Facilities 469,652 6,232 475,884 Community& Public Works -Administration 367,126 8,074 375,200 Community& Public Works - Engineering 2,305,213 (212,287) 2,092,926 Community& Public Works - Building 2,075,542 41,467 2,117,009 Community& Public Works - Planning 868,894 18,835 887,729 Economic Development 1,546,494 (119,853) 1,426,641 Parks & Rec-Administration 376,124 7,372 383,496 Parks & Rec - Maintenance 972,455 0 972,455 Parks & Rec - Recreation 348,356 3,487 351,843 Parks & Rec -Aquatics 565,700 0 565,700 Parks & Rec - Senior Center 38,112 804 38,916 Parks & Rec - CenterPlace 996,503 99,864 1,096,367 General Government 1,895,218 50,200 1,945,418 Transfers out-#204 (2016 LTGO debt service) 401,150 0 401,150 Transfers out-#309 (park capital projects) 160,000 0 160,000 Transfers out-#311 (pavement preservation) 1,011,800 0 1,011,800 Transfers out-#502 (insurance premium) 600,000 0 600,000 Total Recurring Expenditures 53,030,555 205,771 53,236,326 Recurring Revenues Over (Under) Recurring Expenditures 3,388,345 (205,771) 3,182,574 Page 1 of 7 P:\Finance\Budgets\2023 Budget\Budget Amendment\Amendment#1\2023 05 16 Admin Report\2023 Budget Summary for Amended Funds No 1 CITY OF SPOKANE VALLEY, WA 5/9/2023 2023 Budget Amendment 2023 As Proposed As Adopted Amendment Amended #001 -GENERAL FUND - continued NONRECURRING ACTIVITY Revenues Grant Proceeds (CLFR) 0 4,520,000 4,520,000 Precinct Grant Proceeds 0 39,000 39,000 Spokane County(Plante's Ferry Study) 0 50,000 50,000 Transfers in -#312 (police vehicle replacements) 1,200,000 0 1,200,000 Total Nonrecurring Revenues 1,200,000 4,609,000 5,809,000 Expenditures General Government- IT capital replacements 151,000 0 151,000 City Attorney(office furniture for new Paralegal) 8,500 0 8,500 Public Safety(police vehicle replacements) 1,350,085 0 1,350,085 Public Safety(Access/fencing White Elephant) 15,000 16,000 31,000 Public Safety(Install Precinct gutters) 4,000 0 4,000 Public Safety(Install security cameras at Precinct) 20,000 0 20,000 Public Safety(Law Enf. Staffing Assessment) 0 85,000 85,000 Public Safety(furniture for roll call room) 0 30,000 30,000 Public Safety(shop lift replacement) 0 25,000 25,000 Engineering (furniture for additional staff) 0 16,600 16,600 Econ Dev(20th Anniversary event planner) 30,000 4,769 34,769 Econ Dev(Various studies- Tourism, etc) 0 209,975 209,975 Parks & Rec (replace CenterPlace flooring) 26,000 0 26,000 Parks & Rec (CenterPlace lobby improvements) 150,000 0 150,000 Parks & Rec (Portico painting&carpet replacemt) 0 38,700 38,700 Parks & Rec (CenterPlace equip assessment) 0 6,000 6,000 Parks & Rec (CP emergency light backup batteries) 0 10,000 10,000 Parks & Rec (CenterPlace sidewalk repairs) 0 20,000 20,000 Financial Software Capital Costs 500,000 0 500,000 City Hall Repairs 0 0 0 CLFR Project Expenditures 0 6,520,000 6,520,000 Transfers out-#101 (Street Fund operations) 3,530,048 0 3,530,048 Transfers out-#122 (replenish reserve) 0 500,000 500,000 Transfers out-#309 (Balfour Park Imp Ph1) 0 427,327 427,327 Transfers out-#309 (Pump replace Mirabeau Falls) 0 33,000 33,000 Transfers out-#312 ('21 fund bal>50%) 0 5,358,054 5,358,054 Total Nonrecurring Expenditures 5,784,633 13,300,425 19,085,058 Nonrecurring Revenues Over (Under) Nonrecurring Expenditures (4,584,633) (8,691,425) (13,276,058) Excess (Deficit) of Total Revenues Over (Under) Total Expenditures (1,196,288) (8,897,196) (10,093,484) Beginning unrestricted fund balance 49,094,333 49,094,333 Ending unrestricted fund balance 47,898,045 39,000,849 Fund balance as a percent of recurring expenditures 90.32% 73.26% Page 2 of 7 P:\Finance\Budgets\2023 Budget\Budget Amendment\Amendment#1\2023 05 16 Admin Report\2023 Budget Summary for Amended Funds No 1 CITY OF SPOKANE VALLEY, WA 5/9/2023 2023 Budget Amendment 2023 As Proposed As Adopted Amendment Amended SPECIAL REVENUE FUNDS #101 - STREET FUND RECURRING ACTIVITY Revenues Utility Tax 857,000 0 857,000 Motor Vehicle Fuel (Gas) Tax 2,062,600 0 2,062,600 Multimodal Transportation Revenue 139,200 0 139,200 Right-of-Way Maintenance Fee 95,000 0 95,000 Solid Waste Road Wear Fee (local streets) 0 1,700,000 1,700,000 Investment Interest 500 0 500 Miscellaneous 10,000 0 10,000 Total Recurring Revenues 3,164,300 1,700,000 4,864,300 Expenditures Wages /Benefits / Payroll Taxes 1,314,394 186,998 1,501,392 Limited Term Wages/Benefits/Payroll Taxes 0 116,602 116,602 Supplies 191,500 5,700 197,200 Services &Charges 2,803,789 10,410 2,814,199 Snow Operations 1,081,915 0 1,081,915 Local Street Program 0 3,918,100 3,918,100 Intergovernmental Payments 1,000,000 0 1,000,000 Vehicle rentals -#501 (non-plow vehicle rental) 27,750 0 27,750 Vehicle rentals -#501 (plow replace.) 275,000 0 275,000 Total Recurring Expenditures 6,694,348 4,237,810 10,932,158 Recurring Revenues Over (Under) Recurring Expenditures (3,530,048) (2,537,810) (6,067,858) NONRECURRING ACTIVITY Revenues Transfers in -#001 3,530,048 0 3,530,048 Transfers in -#106 (local streets) 0 1,862,929 1,862,929 Transfers in -#311 (local streets) 0 2,677,099 2,677,099 Transfers in -#312 (surface treatment pilot) 0 250,000 250,000 Total Nonrecurring Revenues 3,530,048 4,790,028 8,320,076 Expenditures Streetlight Replacement Program 40,000 0 40,000 Generator for Maintenance Shop (1/2 cost to#402) 0 8,500 8,500 Desks for Maintenance Shop (1/2 cost to#402) 0 1,530 1,530 Bridge Replacement Program 10,000 0 10,000 Signal Maintenance Equipment 40,000 0 40,000 Transfers out-#501 (truck for Signal Technician) 58,000 0 58,000 Total Nonrecurring Expenditures 148,000 10,030 158,030 Nonrecurring Revenues Over (Under) Nonrecurring Expenditures 3,382,048 4,779,998 8,162,046 Excess (Deficit) of Total Revenues Over (Under) Total Expenditures (148,000) 2,242,188 2,094,188 Beginning fund balance 1,319,206 1,319,206 Less restricted fund balance 0 (2,571,928) Unrestricted ending fund balance 1,171,206 841,466 Page 3 of 7 P:\Finance\Budgets\2023 Budget\Budget Amendment\Amendment#1\2023 05 16 Admin Report\2023 Budget Summary for Amended Funds No 1 CITY OF SPOKANE VALLEY, WA 5/9/2023 2023 Budget Amendment 2023 As Proposed As Adopted Amendment Amended SPECIAL REVENUE FUNDS -continued #104 - HOTEL/MOTEL TAX - TOURISM FACILITIES FUND Revenues Hotel/Motel Tax 600,000 0 600,000 Investment Interest 5,000 0 5,000 Transfers in -#105 0 515,198 515,198 Total revenues 605,000 515,198 1,120,198 Expenditures Spokane Cnty-Avista Stadium Award 0 2,000,000 2,000,000 Total expenditures 0 2,000,000 2,000,000 Revenues over(under) expenditures 605,000 (879,802) Beginning fund balance 5,619,705 5,619,705 Ending fund balance 6,224,705 4,739,903 #105 - HOTEL/MOTEL TAX FUND Revenues Hotel/Motel Tax 900,000 0 900,000 Investment Interest 1,000 0 1,000 Total revenues 901,000 0 901,000 Expenditures Transfers out-#001 30,000 0 30,000 Transfers out-#104 0 515,198 515,198 Tourism Promotion 871,000 (561,298) 309,702 Total expenditures 901,000 (46,100) 854,900 Revenues over(under) expenditures 0 46,100 Beginning fund balance 507,419 507,419 Ending fund balance 507,419 553,519 #106 - SOLID WASTE FUND Revenues Solid Waste Administrative Fee 225,000 0 225,000 Solid Waste Road Wear Fee 1,700,000 (1,700,000) 0 Investment Interest 4,000 0 4,000 Total revenues 1,929,000 (1,700,000) 229,000 Expenditures Education/Contract Admin 229,000 0 229,000 Transfers out-#101 0 1,862,929 1,862,929 Transfers out-#311 1,700,000 (1,700,000) 0 Total expenditures 1,929,000 162,929 2,091,929 Revenues over(under) expenditures 0 (1,862,929) Beginning fund balance 3,003,161 3,003,161 Ending fund balance 3,003,161 1,140,232 Page 4 of 7 P:\Finance\Budgets\2023 Budget\Budget Amendment\Amendment#1\2023 05 16 Admin Report\2023 Budget Summary for Amended Funds No 1 CITY OF SPOKANE VALLEY, WA 5/9/2023 2023 Budget Amendment 2023 As Proposed As Adopted Amendment Amended SPECIAL REVENUE FUNDS -continued #122 -WINTER WEATHER RESERVE FUND Revenues Investment Interest 1,100 0 1,100 Transfers in -#001 0 500,000 500,000 Total revenues 1,100 500,000 501,100 Expenditures Street maintenance expenditures 500,000 0 500,000 Transfers out-#101 0 0 0 Total expenditures 500,000 0 500,000 Revenues over(under) expenditures (498,900) 1,100 Beginning fund balance 31,780 31,780 Ending fund balance (467,120) 32,880 CAPITAL PROJECTS FUNDS #309 - PARKS CAPITAL PROJECTS FUND Revenues Grant Proceeds 126,100 0 126,100 Transfers in -#001 160,000 460,327 620,327 Transfers in -#310 0 40,192 40,192 Transfers in -#312 4,523,900 1,153,946 5,677,846 Total revenues 4,810,000 1,654,465 6,464,465 Expenditures 316 Balfour Park improvements Phase 1 3,400,000 1,621,465 5,021,465 328 Sullivan Park water line 500,000 0 500,000 338 Spokane Valley River Loop Trail 750,000 0 750,000 Replace pump at Mirabeau Falls 0 33,000 33,000 Parking & Trail Design (Summerfield, Ponderosa, Flora) 136,900 0 136,900 West Lawn Shade Canopy for Stage 23,100 0 23,100 Total expenditures 4,810,000 1,654,465 6,464,465 Revenues over(under) expenditures 0 0 Beginning fund balance 177,301 177,301 Ending fund balance 177,301 177,301 #310 -CIVIC FACILITIES CAPITAL PROJECTS FUND Revenues Investment Interest 1,000 0 1,000 Total revenues 1,000 0 1,000 Expenditures Payment to Library District 0 799,093 799,093 Transfer out-#309 (Balfour Park) 0 40,192 40,192 Total expenditures 0 839,285 839,285 Revenues over(under) expenditures 1,000 (838,285) Beginning fund balance 853,709 853,709 Ending fund balance 854,709 15,424 Page 5 of 7 P:\Finance\Budgets\2023 Budget\Budget Amendment\Amendment#1\2023 05 16 Admin Report\2023 Budget Summary for Amended Funds No 1 CITY OF SPOKANE VALLEY, WA 5/9/2023 2023 Budget Amendment 2023 As Proposed As Adopted Amendment Amended CAPITAL PROJECTS FUNDS -continued #311 - PAVEMENT PRESERVATION FUND Revenues Transfers in -#001 1,011,800 0 1,011,800 Transfers in -#106 1,700,000 (1,700,000) 0 Transfers in -#301 1,037,500 0 1,037,500 Transfers in -#302 1,037,500 0 1,037,500 Grant Proceeds 1,760,000 0 1,760,000 Total revenues 6,546,800 (1,700,000) 4,846,800 Expenditures Pavement preservation 7,805,121 0 7,805,121 Pre-project GeoTech 50,000 0 50,000 Transfer out-#101 (local streets) 0 2,677,099 2,677,099 Total expenditures 7,855,121 2,677,099 10,532,220 Revenues over(under) expenditures (1,308,321) (5,685,420) Beginning fund balance 6,615,700 6,615,700 Ending fund balance 5,307,379 930,280 #312 -CAPITAL RESERVE FUND Revenues Transfers in -#001 ('21 fund bal>50%) 0 5,358,054 5,358,054 Investment Interest 20,000 0 20,000 Total revenues 20,000 5,358,054 5,378,054 Expenditures Transfers out-#001 (police vehicle replacements) 1,200,000 0 1,200,000 Transfers out-#101 (surface treatment pilot) 0 250,000 250,000 Transfers out-#309 (Balfour Park Improvements Ph. 1) 3,400,000 1,153,946 4,553,946 Transfers out-#309 (Sullivan Park water line) 373,900 0 373,900 Transfers out-#309 (Spokane Valley River Loop Trail) 750,000 0 750,000 Transfers out-#314 (Barker Rd Overpass) 347,998 0 347,998 Transfers out-#314 (Pines Rd Underpass) 196,394 0 196,394 10303 E Sprague Property Acquisition 0 791,000 791,000 WSDOT Sullivan Park Property Acquisition 0 759,600 759,600 Total expenditures 6,268,292 2,954,546 9,222,838 Revenues over(under) expenditures (6,248,292) (3,844,784) Beginning fund balance 13,671,557 13,671,557 Ending fund balance 7,423,265 9,826,773 Page 6 of 7 P:\Finance\Budgets\2023 Budget\Budget Amendment\Amendment#1\2023 05 16 Admin Report\2023 Budget Summary for Amended Funds No 1 CITY OF SPOKANE VALLEY, WA 5/9/2023 2023 Budget Amendment 2023 As Proposed As Adopted Amendment Amended ENTERPRISE FUNDS #402 -STORMWATER FUND RECURRING ACTIVITY Revenues Stormwater Management Fees 1,951,000 3,649,000 5,600,000 Investment Interest 2,000 0 2,000 Total Recurring Revenues 1,953,000 3,649,000 5,602,000 Expenditures Wages /Benefits / Payroll Taxes 635,392 321,976 957,368 Supplies 20,800 78,500 99,300 Services &Charges 1,449,742 315,080 1,764,822 Intergovernmental Payments 48,000 0 48,000 Vehicle rentals -#501 6,750 0 6,750 Total Recurring Expenditures 2,160,684 715,556 2,876,240 Recurring Revenues Over (Under) Recurring Expenditures (207,684) 2,933,444 2,725,760 NONRECURRING ACTIVITY Revenues Grant Proceeds 0 0 0 Total Nonrecurring Revenues 0 0 0 Expenditures Capital -various projects 200,000 150,000 350,000 Watershed studies 100,000 0 100,000 Stormwater comprehensive plan update 50,000 0 50,000 Generator for Maintenance Shop (1/2 cost to#101) 0 8,500 8,500 Desks for Maintenance Shop (1/2 cost to#101) 0 1,530 1,530 Land Acquisition for Easement 0 260,000 260,000 Total Nonrecurring Expenditures 350,000 420,030 770,030 Nonrecurring Revenues Over (Under) Nonrecurring Expenditures (350,000) (420,030) (770,030) Excess (Deficit) of Total Revenues Over (Under) Total Expenditures (557,684) 2,513,414 1,955,730 Beginning working capital 2,278,363 2,278,363 Ending working capital 1,720,679 4,234,093 Page 7 of 7 Appendix A EMPLOYEE POSITION CLASSIFICATION MONTHLY SALARY SCHEDULE Effective January 1,2023 Position Title Grade _ 2023 Range City Manager Unclassified Deputy City Manager 22 12,277.74 - 18,605.80 City Attorney 21 11,061.03 - 16,745.36 Finance Director 21 11,061.03 - 16,745.36 Community&Public Works Director 21 11,061.03 - 16,745.36 Parks,Recreation,and Facilities Director 20 9,954.80 - 15,071.93 City Engineer 20 9,954.80 - 15,071.93 Economic Development Director 20 9,954.80 - 15,071.93 Human Resources Director 20 9,954.80 - 15,071.93 Senior Deputy City Attorney 19 8,959.16 - 13,564.89 Building Official 19 8,959.16 - 13,564.89 Engineering Manager 19 8,959.16 - 13,564.89 Planning Manager 18 8,064.28 - 12,207.79 Senior Engineer 18 8,064.28 - 12,207.79 Public Works Superintendent 18 8,064.28 - 12,207.79 Accounting Manager 17 7,257.44 - 10,986.56 Assistant Building Official 17 7,257.44 - 10,986.56 Senior Administrative Analyst 17 7,257.44 - 10,986.56 IT Manager 17 7,257.44 - 10,986.56 Legislative Coordinator 17 7,257.44 - 10,986.56 Deputy City Attorney 16 6,531.03 - 9,887.27 City Clerk 16 6,531.03 - 9,887.27 Engineer 16 6,531.03 - 9,887.27 Senior Planner 16 6,531.03 - 9,887.27 Development Services Coordinator 16 6,531.03 - 9,887.27 Database Administrator 16 6,531.03 - 9,887.27 Accountant/Budget Analyst 16 6,531.03 - 9,887.27 Housing and Homeless Services Coordinator 16 6,531.03 - 9,887.27 Project Manager 16 6,531.03 - 9,887.27 CAD Manager 16 6,531.03 - 9,887.27 Code Enforcement Supervisor 16 6,531.03 - 9,887.27 Associate Planner 15 5,878.75 - 8,899.16 Assistant Engineer 15 5,878.75 - 8,899.16 IT Specialist 15 5,878.75 - 8,899.16 Engineering Technician II 15 5,878.75 - 8,899.16 Communications and Marketing Officer 15 5,878.75 - 8,899.16 Economic Development Project Specialist 15 5,878.75 - 8,899.16 Senior Plans Examiner 15 5,878.75 - 8,899.16 Public Information Officer 15 5,878.75 - 8,899.16 Administrative Analyst 15 5,878.75 - 8,899.16 Maintenance/Construction Foreman 15 5,878.75 - 8,899.16 GIS Analyst 15 5,878.75 8,899.16 CPW Liason 15 5,878.75 8,899.16 Signal Technician 15 5,878.75 8,899.16 Mechanic 14 5,291.19 - 8,009.86 Human Resource Analyst 14 5,291.19 - 8,009.86 CenterPlace Coordinator 14 5,291.19 - 8,009.86 Planner 14 5,291.19 - 8,009.86 Building Inspector II 14 5,291.19 - 8,009.86 Plans Examiner 14 5,291.19 - 8,009.86 Engineering Technician I 14 5,291.19 - 8,009.86 Senior Permit Specialist 14 5,291.19 - 8,009.86 Code Enforcement Officer 14 5,291.19 - 8,009.86 Maintenance/Construction Inspector 14 5,291.19 - 8,009.86 Recreation Coordinator 13 4,761.69 - 7,208.60 Deputy City Clerk 13 4,761.69 - 7,208.60 Customer Relations/Facilities Coordinator 13 4,761.69 - 7,208.60 Building Inspector I 13 4,761.69 - 7,208.60 Executive Assistant 13 4,761.69 - 7,208.60 Planning Technician 13 4,761.69 - 7,208.60 Human Resources Technician 13 4,761.69 - 7,208.60 Maintenance Lead 13 4,761.69 - 7,208.60 Senior Center Specialist 12 4,287.09 - 6,487.57 Permit Facilitator 12 4,287.09 - 6,487.57 Help Desk Technician 12 4,287.09 - 6,487.57 Accounting Technician 12 4,287.09 - 6,487.57 Administrative Assistant 12 4,287.09 - 6,487.57 Recreation Specialist 12 4,287.09 - 6,487.57 Paralegal 12 4,287.09 - 6,487.57 Maintenance Worker II 12 4,287.09 - 6,487.57 Maintenance Worker I 11 3,857.20 - 5,839.10 Permit Specialist 11 3,857.20 - 5,839.10 Office Assistant II 10-11 3,471.24 - 5,839.10 Custodian 10 3,471.24 - 5,253.96 Office Assistant I 9-10 3,124.51 - 5,253.96 Note: Slight rounding differences may exist between the figures reflected on this page and the actual payroll rates computed by the Eden Payroll System. Salary Schedule 3% CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 16, 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: Admin Report: Draft Ordinance Relating to Controlled Substances GOVERNING LEGISLATION: Chapter 69.50 RCW; SVMC 8.20.050 PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: In 2021, the Washington State Supreme Court ruled that the State's strict liability drug possession statute was unconstitutional. The Washington State Legislature passed a temporary fix making knowing possession of a controlled substance a crime punishable as a simple misdemeanor. Enforcement was also subject to officers giving those knowingly possessing drugs, notice of treatment options at least two times prior to arrest. Given the logistics of tracking, this made effective enforcement extremely difficult. This temporary fix will no longer be in effect on July 1, 2023. Due to the practical issues of the temporary fix and the effective end-date, the Washington State Legislature was very active during the 2023 Legislative Session in debating possible solutions and a new state-wide drug possession law. However, the Washington State Legislature did not pass a bill this session, and a special session was called to address the issue. Unless the Washington State Legislature passes a solution during the special session, drug possession will effectively be legal in Washington. However, local agencies, including the City, may adopt local codes to criminalize drug possession in such manner as they see fit. There are some restrictions on local regulatory authority, including that the maximum penalty the City can adopt is a gross misdemeanor. A gross misdemeanor carries a maximum of 364 days in jail and/or a fine of up to $5,000. Cities cannot make drug possession a felony. This ordinance addresses both possession and public use of controlled substances. The knowing use of a controlled substance in a public place will be a gross misdemeanor punishable by 364 days in jail and/or a fine of$5,000. Further, the knowing possession of controlled substances will be a gross misdemeanor punishable by 364 days in jail and/or a fine of$5,000. These will go into effect beginning July 1, 2023, coinciding with the timeframe that the current state law sunsets. There are some exceptions to the general rule prohibiting the possession of controlled substances aligning with state law relating to cannabis, and lawful prescriptions. There is no requirement that law enforcement refer violators to treatment prior to issuing citations or making arrests. One question for City Council consideration is the desired penalty for illegal possession of cannabis. Currently, it is a misdemeanor for those under 21 to possess cannabis. Also, it is a misdemeanor to unlawfully and knowingly possess more cannabis and cannabis products than the amounts allowed by state law. Other cities are treating cannabis possession in the same manner. Given the legality of cannabis, the ordinance mirrors current state law for these crimes as misdemeanors. The City has been working with Spokane County through the development of this ordinance. OPTIONS: Consensus to proceed to first ordinance reading; or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Council consensus to place on a future agenda for an ordinance first reading. BUDGET/FINANCIAL IMPACTS: Unknown STAFF CONTACT: Erik Lamb, Deputy City Manager; Tony Beattie, Senior Deputy City Attorney ATTACHMENTS: Draft Proposed Ordinance 23-012 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO.23-012 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, AMENDING SECTION 8.20.050 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO CONTROLLED SUBSTANCES, AND OTHER MATTERS RELATING THERETO. WHEREAS, pursuant to Article XI, section 11 of the Washington Constitution, the City is authorized to "make and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general laws;"and WHEREAS, the right of the inhabitants of the City of Spokane Valley to personal safety and security is of the utmost importance; and WHEREAS, the City finds that illicit drugs directly endanger and devastate lives by exposing individuals, families, and the general community to the harmful and lethal effects of the substances themselves,and associated consequences including violent crime and property crime; and WHEREAS, current state laws prohibiting the knowing possession of controlled substances are set to expire after June 30,2023; and WHEREAS, state law does not currently regulate the use of controlled substances in public places; and WHEREAS, the possession and use of controlled substances endangers the lives of the general public, and undermines the City's established values of promoting an environment that supports the home,family,and business community. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: Section 1. Amendment. Spokane Valley Municipal Code section 8.20.050 is hereby amended as follows: 8.20.050 Controlled substances. A. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference: RCW: 69.50.101 Definitions. 69.50.202 Nomenclature. 69.50.204 Schedule I. 69.50.206 Schedule II. 69.50.208 Schedule III. 69.50.210 Schedule IV. 69.50.212 Schedule V. 69.50.213 Republishing of schedules. 69.50.214 Controlled substance analog. Ordinance 23-012 Controlled Substances Regulations Page 1 of 3 DRAFT 69.50.204 (c)(22) Schedule I Marijuana. 69.50.309 Containers. 69.50.360 Cannabis retailers,employees of retail outlets—Certain acts not criminal or civil offenses. 69.50.401(e) Prohibited acts: A Penalties. 69.50.125 Misdemeanor violators Minimum imprisonment. 69.50.445 Opening package of or consuming cannabis,useable cannabis, cannabis-infused 69.50.505(a)(1),(3),(6) and(7) Seizure and forfeiture. 69.50.506 Burden of proof. 69.50.509 Search and seizure of controlled substances. 69.52.020(3)Definitions. "Imitation controlled substance" 69.41.210(3)Definitions. "Legend drug" B. In addition to the definitions provided for in RCW 69.50.101,the following definitions apply to this section: 1. "Counterfeit substance"has the same meaning as "imitation controlled substance" as defined in RCW 69.52.020(3). 2. "Legend drug"means any legend drug as defined in RCW 69.41.210(3). 3. "Public place"means an area generally visible to public view, and includes streets, sidewalks, bridges,alleys,plazas,parks,driveways,parking lots, automobiles (whether moving or not), and buildings open to the public,-doorways,windows,drive-up windows,and entrances to buildings or dwellings that are visible to public view. 4. "Use"means any effort taken in furtherance of an attempt to inject,ingest,inhale,or otherwise introduce a controlled or counterfeit substance or legend drug into the human body. C. Unlawful use of a controlled substance, counterfeit substance, or legend drug in a public place. It is unlawful for any person to knowingly use a controlled substance,counterfeit substance or legend drug in a public place,unless the substance was obtained directly from,or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice. The existence of a valid prescription is an affirmative defense,provable by a preponderance of the evidence. Except as provided for in RCW 69.50.445, any person who violates SVMC 8.20.050(C)is guilty of a gross misdemeanor and upon conviction may be imprisoned for up to 364 days, or fined not more than$5,000, or both. D. Unlawful possession of a controlled substance,counterfeit substance,or legend drug. It is unlawful for any person to knowingly possess a controlled substance,counterfeit substance,or legend drug,unless the substance was obtained directly from,or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice or as otherwise authorized by this section, state or federal law. The existence of a valid prescription is an affirmative defense,provable by a preponderance of the evidence. Except as provided for in SVMC 8.20.050(E), any person who violates SVMC 8.20.050(D)is guilty of a gross misdemeanor and upon conviction may be imprisoned for up to 364 days,or fined not more than $5,000,or both. The following shall not be considered a violation of SVMC 8.20.050(D): 1. It is not a violation of SVMC 8.20.050(D)for a person twenty-one years of age or older to possess useable cannabis,cannabis concentrates,or cannabis-infused products in amounts that do not exceed those set forth in RCW 69.50.360(3). Ordinance 23-012 Controlled Substances Regulations Page 2 of 3 DRAFT 2. It is not a violation of SVMC 8.20.050(D) for a person to possess medical cannabis in accordance with chapters 69.50 or 69.51A RCW. 3. It is not a violation of SVMC 8.20.050(D)for a person to possess cannabis pursuant to a valid license issued by the Washington State Liquor and Cannabis Control Board. E. Possession of 40 grams or less of cannabis;possession by a person under 21 years of age -Penalty. Except as otherwise provided for in chapter 69.50 RCW,the (1)knowing possession of 40 grams or less of cannabis,or(2)knowing possession of cannabis, cannabis-infused products,or cannabis concentrates, regardless of THC concentration,by a person under 21 years of age,is a [misdemeanor punishable by imprisonment up to 90 days,or a$1,000 fine,or both.' F. Case resolution. Nothing in this section prevents the prosecutor from offering pretrial diversion or another alternative to prosecution, such as a stipulated order of continuance as deemed appropriate. Nothing in this section shall prevent any person charged with an offense herein from participating in any specialty court or diversion program for which they would otherwise be eligible. Section 2. Preemption and savings. In the event the Washington State Legislature passes a law preempting this ordinance or any portion thereof,this ordinance or any portion thereof shall cease to have effect on the same date that the state statute comes into effect.Any violation of this ordinance or portion thereof that occurs prior to a preempting statute coming into effect may be prosecuted and punished pursuant to this ordinance. 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 be in full force and effect on July 1, 2023, which shall be at least 5 days after publication of the ordinance,or summary thereof,in the official newspaper of the City. Passed this day of , 2023. Pam Haley, Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 23-012 Controlled Substances Regulations Page 3 of 3 RCW 69.41 .210 Definitions . The terms defined in this section shall have the meanings indicated when used in RCW 69 . 41 . 200 through 69 . 41 . 260 . (1) "Commission" means the pharmacy quality assurance commission. (2) "Distributor" means any corporation, person, or other entity which distributes for sale a legend drug under its own label even though it is not the actual manufacturer of the legend drug. (3) "Legend drug" means any drugs which are required by state law or regulation of the commission to be dispensed as prescription only or are restricted to use by prescribing practitioners only and shall include controlled substances in Schedules II through V of chapter 69 . 50 RCW. (4) "Solid dosage form" means capsules or tablets or similar legend drug products intended for administration and which could be ingested orally. [2013 c 19 § 59; 1980 c 83 § 2 . ] Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1 . 08 . 015 (2) (k) . RCW (10/5/2022 12 : 20 PM) [ 1 ] RCW 69.50 . 101 Definitions . The definitions in this section apply throughout this chapter unless the context clearly requires otherwise . (a) "Administer" means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by: (1) a practitioner authorized to prescribe (or, by the practitioner' s authorized agent) ; or (2) the patient or research subject at the direction and in the presence of the practitioner. (b) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseperson, or employee of the carrier or warehouseperson. (c) "Board" means the Washington state liquor and cannabis board. (d) "Cannabis" means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0 . 3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include : (1) The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom) , fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination; or (2) Hemp or industrial hemp as defined in RCW 15 . 140 . 020, seeds used for licensed hemp production under chapter 15 . 140 RCW. (e) "Cannabis concentrates" means products consisting wholly or in part of the resin extracted from any part of the plant Cannabis and having a THC concentration greater than ten percent . (f) "Cannabis processor" means a person licensed by the board to process cannabis into cannabis concentrates, useable cannabis, and cannabis-infused products, package and label cannabis concentrates, useable cannabis, and cannabis-infused products for sale in retail outlets, and sell cannabis concentrates, useable cannabis, and cannabis-infused products at wholesale to cannabis retailers . (g) "Cannabis producer" means a person licensed by the board to produce and sell cannabis at wholesale to cannabis processors and other cannabis producers . (h) "Cannabis products" means useable cannabis, cannabis concentrates, and cannabis-infused products as defined in this section. (i) "Cannabis researcher" means a person licensed by the board to produce, process, and possess cannabis for the purposes of conducting research on cannabis and cannabis-derived drug products . (j ) "Cannabis retailer" means a person licensed by the board to sell cannabis concentrates, useable cannabis, and cannabis-infused products in a retail outlet . (k) "Cannabis-infused products" means products that contain cannabis or cannabis extracts, are intended for human use, are derived from cannabis as defined in subsection (d) of this section, and have a THC concentration no greater than ten percent . The term "cannabis- infused products" does not include either useable cannabis or cannabis concentrates . RCW (10/5/2022 12 : 21 PM) [ 1 ] (1) "CBD concentration" has the meaning provided in RCW 69 . 51A. 010 . (m) "CBD product" means any product containing or consisting of cannabidiol . (n) "Commission" means the pharmacy quality assurance commission. (o) "Controlled substance" means a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or commission rules, but does not include hemp or industrial hemp as defined in RCW 15 . 140 . 020 . (p) (1) "Controlled substance analog" means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II and: (i) that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II; or (ii) with respect to a particular individual, that the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II . (2) The term does not include : (i) a controlled substance; (ii) a substance for which there is an approved new drug application; (iii) a substance with respect to which an exemption is in effect for investigational use by a particular person under Section 505 of the federal food, drug, and cosmetic act, 21 U. S .C. Sec. 355, or chapter 69 . 77 RCW to the extent conduct with respect to the substance is pursuant to the exemption; or (iv) any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance . (q) "Deliver" or "delivery" means the actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship. (r) "Department" means the department of health. (s) "Designated provider" has the meaning provided in RCW 69 . 51A. 010 . (t) "Dispense" means the interpretation of a prescription or order for a controlled substance and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery. (u) "Dispenser" means a practitioner who dispenses . (v) "Distribute" means to deliver other than by administering or dispensing a controlled substance . (w) "Distributor" means a person who distributes . (x) "Drug" means (1) a controlled substance recognized as a drug in the official United States pharmacopoeia/national formulary or the official homeopathic pharmacopoeia of the United States, or any supplement to them; (2) controlled substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals; (3) controlled substances (other than food) intended to affect the structure or any function of the body of individuals or animals; and (4) controlled substances intended for use RCW (10/5/2022 12 : 21 PM) [ 2 ] as a component of any article specified in (1) , (2) , or (3) of this subsection. The term does not include devices or their components, parts, or accessories . (y) "Drug enforcement administration" means the drug enforcement administration in the United States Department of Justice, or its successor agency. (z) "Electronic communication of prescription information" means the transmission of a prescription or refill authorization for a drug of a practitioner using computer systems . The term does not include a prescription or refill authorization verbally transmitted by telephone nor a facsimile manually signed by the practitioner. (aa) "Immature plant or clone" means a plant or clone that has no flowers, is less than twelve inches in height, and is less than twelve inches in diameter. (bb) "Immediate precursor" means a substance : (1) that the commission has found to be and by rule designates as being the principal compound commonly used, or produced primarily for use, in the manufacture of a controlled substance; (2) that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance; and (3) the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance . (cc) "Isomer" means an optical isomer, but in subsection (gg) (5) of this section, RCW 69 . 50 . 204 (a) (12) and (34) , and 69 . 50 . 206 (b) (4) , the term includes any geometrical isomer; in RCW 69 . 50 . 204 (a) (8) and (42) , and 69 . 50 . 210 (c) the term includes any positional isomer; and in RCW 69 . 50 . 204 (a) (35) , 69 . 50 . 204 (c) , and 69 . 50 . 208 (a) the term includes any positional or geometric isomer. (dd) "Lot" means a definite quantity of cannabis, cannabis concentrates, useable cannabis, or cannabis-infused product identified by a lot number, every portion or package of which is uniform within recognized tolerances for the factors that appear in the labeling. (ee) "Lot number" must identify the licensee by business or trade name and Washington state unified business identifier number, and the date of harvest or processing for each lot of cannabis, cannabis concentrates, useable cannabis, or cannabis-infused product . (ff) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. The term does not include the preparation, compounding, packaging, repackaging, labeling, or relabeling of a controlled substance : (1) by a practitioner as an incident to the practitioner' s administering or dispensing of a controlled substance in the course of the practitioner' s professional practice; or (2) by a practitioner, or by the practitioner' s authorized agent under the practitioner' s supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale . (gg) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis : RCW (10/5/2022 12 : 21 PM) [ 3 ] (1) Opium, opium derivative, and any derivative of opium or opium derivative, including their salts, isomers, and salts of isomers, whenever the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation. The term does not include the isoquinoline alkaloids of opium. (2) Synthetic opiate and any derivative of synthetic opiate, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation. (3) Poppy straw and concentrate of poppy straw. (4) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives or ecgonine or their salts have been removed. (5) Cocaine, or any salt, isomer, or salt of isomer thereof. ( 6) Cocaine base . (7) Ecgonine, or any derivative, salt, isomer, or salt of isomer thereof. (8) Any compound, mixture, or preparation containing any quantity of any substance referred to in (1) through (7) of this subsection. (hh) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction- sustaining liability. The term includes opium, substances derived from opium (opium derivatives) , and synthetic opiates . The term does not include, unless specifically designated as controlled under RCW 69 . 50 . 201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan) . The term includes the racemic and levorotatory forms of dextromethorphan. (ii) "Opium poppy" means the plant of the species Papaver somniferum L. , except its seeds . (jj ) "Person" means individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. (kk) "Plant" has the meaning provided in RCW 69 . 51A. 010 . (11) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing. (mm) "Practitioner" means : (1) A physician under chapter 18 . 71 RCW; a physician assistant under chapter 18 . 71A RCW; an osteopathic physician and surgeon under chapter 18 . 57 RCW; an optometrist licensed under chapter 18 . 53 RCW who is certified by the optometry board under RCW 18 . 53 . 010 subject to any limitations in RCW 18 . 53 . 010; a dentist under chapter 18 . 32 RCW; a podiatric physician and surgeon under chapter 18 . 22 RCW; a veterinarian under chapter 18 . 92 RCW; a registered nurse, advanced registered nurse practitioner, or licensed practical nurse under chapter 18 . 79 RCW; a naturopathic physician under chapter 18 . 36A RCW who is licensed under RCW 18 . 36A. 030 subject to any limitations in RCW 18 . 36A. 040; a pharmacist under chapter 18 . 64 RCW or a scientific investigator under this chapter, licensed, registered or otherwise permitted insofar as is consistent with those licensing laws to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of their professional practice or research in this state . (2) A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct RCW (10/5/2022 12 : 21 PM) [ 4 ] research with respect to or to administer a controlled substance in the course of professional practice or research in this state . (3) A physician licensed to practice medicine and surgery, a physician licensed to practice osteopathic medicine and surgery, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to practice podiatric medicine and surgery, a licensed physician assistant or a licensed osteopathic physician assistant specifically approved to prescribe controlled substances by his or her state ' s medical commission or equivalent and his or her supervising physician, an advanced registered nurse practitioner licensed to prescribe controlled substances, or a veterinarian licensed to practice veterinary medicine in any state of the United States . (nn) "Prescription" means an order for controlled substances issued by a practitioner duly authorized by law or rule in the state of Washington to prescribe controlled substances within the scope of his or her professional practice for a legitimate medical purpose . (oo) "Production" includes the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance . (pp) "Qualifying patient" has the meaning provided in RCW 69 . 51A. 010 . (qq) "Recognition card" has the meaning provided in RCW 69 . 51A. 010 . (rr) "Retail outlet" means a location licensed by the board for the retail sale of cannabis concentrates, useable cannabis, and cannabis-infused products . (ss) "Secretary" means the secretary of health or the secretary' s designee . (tt) "State, " unless the context otherwise requires, means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States . (uu) "THC concentration" means percent of delta-9 tetrahydrocannabinol content per dry weight of any part of the plant Cannabis, or per volume or weight of cannabis product, or the combined percent of delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant Cannabis regardless of moisture content . (vv) "Ultimate user" means an individual who lawfully possesses a controlled substance for the individual ' s own use or for the use of a member of the individual ' s household or for administering to an animal owned by the individual or by a member of the individual ' s household. (ww) "Useable cannabis" means dried cannabis flowers . The term "useable cannabis" does not include either cannabis-infused products or cannabis concentrates . (xx) "Youth access" means the level of interest persons under the age of twenty-one may have in a vapor product, as well as the degree to which the product is available or appealing to such persons, and the likelihood of initiation, use, or addiction by adolescents and young adults . [2022 c 16 § 51 . Prior: 2020 c 133 § 2; 2020 c 80 § 43; prior: 2019 c 394 § 9; 2019 c 158 § 12; 2019 c 55 § 11; prior: 2018 c 132 § 2; prior: 2017 c 317 § 5; 2017 c 212 § 11; 2017 c 153 § 1; prior: 2015 2nd sp. s . c 4 § 901; 2015 c 70 § 4; 2014 c 192 § 1; prior: 2013 c 276 § 2; 2013 c 116 § 1; 2013 c 12 § 2; prior: 2013 c 3 § 2 (Initiative Measure No . 502, approved November 6, 2012) ; 2012 c 8 § 1; 2010 c 177 § 1; 2003 c 142 § 4; 1998 c 222 § 3; 1996 c 178 § 18; 1994 sp. s . c 9 § 739; 1993 c 187 § 1; prior: 1990 c 248 § 1; 1990 c 219 § 3; 1990 c 196 § 8; 1989 1st ex. s . c 9 § 429; 1987 c 144 § 2; 1986 c RCW (10/5/2022 12 : 21 PM) [ 5 ] 124 § 1; 1984 c 153 § 18; 1980 c 71 § 2; 1973 2nd ex. s . c 38 § 1; 1971 ex. s . c 308 § 69 . 50 . 101 . ] Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1 . 08 . 015 (2) (k) . Effective date-2022 c 16 §§ 7 , 51 , and 116: "Sections 7, 51, and 116 of this act take effect July 1, 2022 . " [2022 c 16 § 170 . ] Intent—Finding-2022 c 16: "It is the intent of the legislature to make technical changes to replace the term "marijuana" with "cannabis" throughout the Revised Code of Washington. The legislature finds that the use of the term "marijuana" in the United States has discriminatory origins and should be replaced with the more scientifically accurate term "cannabis . " This act is technical in nature and no substantive legal changes are intended or implied. " [2022 c 16 § 1 . ] Findings—Effective date-2020 c 133: See notes following RCW 69 . 50 . 342 . Effective date-2020 c 80 §§ 12-59: See note following RCW 7 . 68 . 030 . Intent-2020 c 80 : See note following RCW 18 . 71A. 010 . Findings-2019 c 394 : See note following RCW 69 . 50 . 563 . Effective date-2019 c 158 : See RCW 15 . 140 . 900 . Findings—Application-2017 c 317 : See notes following RCW 69 . 50 . 325 . Findings—Intent—Effective dates-2015 2nd sp. s . c 4 : See notes following RCW 69 . 50 . 334 . Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation-2015 c 70 : See notes following RCW 66 . 08 . 012 . Effective date-2013 c 116: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 1, 2013] . " [2013 c 116 § 2 . ] Intent-2013 c 3 (Initiative Measure No. 502) : "The people intend to stop treating adult marijuana [cannabis] use as a crime and try a new approach that : (1) Allows law enforcement resources to be focused on violent and property crimes; (2) Generates new state and local tax revenue for education, health care, research, and substance abuse prevention; and (3) Takes marijuana [cannabis] out of the hands of illegal drug organizations and brings it under a tightly regulated, state-licensed system similar to that for controlling hard alcohol . RCW (10/5/2022 12 : 21 PM) [ 6 ] This measure authorizes the state liquor control board to regulate and tax marijuana [cannabis] for persons twenty-one years of age and older, and add a new threshold for driving under the influence of marijuana [cannabis] . " [2013 c 3 § 1 (Initiative Measure No . 502, approved November 6, 2012) . ] Severability-2003 c 142 : See note following RCW 18 . 53 . 010 . Effective date-1996 c 178 : See note following RCW 18 . 35 . 110 . Severability—Headings and captions not law—Effective date-1994 sp. s . c 9: See RCW 18 . 79 . 900 through 18 . 79 . 902 . Finding-1990 c 219: See note following RCW 69 . 41 . 030 . Effective date—Severability-1989 1st ex. s . c 9: See RCW 43 . 70 . 910 and 43 . 70 . 920 . Severability-1973 2nd ex. s . c 38 : "If any of the provisions of this amendatory act, or its application to any person or circumstance is held invalid, the remainder of the amendatory act, or the application of the provision to other persons or circumstances, or the act prior to its amendment is not affected. " [1973 2nd ex. s . c 38 § 3 . ] RCW (10/5/2022 12 : 21 PM) [ 7 ] RCW 69.50 .202 Nomenclature. The controlled substances listed or to be listed in the schedules in RCW 69 . 50 . 204, 69 . 50 . 206, 69 . 50 . 208, 69 . 50 . 210, and 69 . 50 . 212 are included by whatever official, common, usual, chemical, or trade name designated. [1971 ex. s . c 308 § 69 . 50 . 202 . ] RCW (10/5/2022 12 : 21 PM) [ 1 ] RCW 69.50 .204 Schedule I . Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in Schedule I : (a) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation: (1) Acetyl-alpha-methylfentanyl (N- [1- (1-methyl-2-phenethyl) -4- piperidinyl] -N-phenylacetamide) ; (2) Acetylmethadol; (3) Allylprodine; (4) Alphacetylmethadol, except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM; (5) Alphameprodine; ( 6) Alphamethadol; (7) Alpha-methylfentanyl (N- [1- (alpha-methyl-beta-phenyl) ethyl-4-piperidyl] propionanilide) ; (1- (1-methyl-2-phenylethyl) -4- (N- propanilido) piperidine) ; (8) Alpha-methylthiofentanyl (N- [1-methyl-2- (2-thienyl) ethyl-4- piperidinyl] -N-phenylpropanamide) ; (9) Benzethidine; (10) Betacetylmethadol; (11) Beta-hydroxyfentanyl (N- [1- (2-hydroxy-2-phenethyl) -4- piperidinyl] -N-phenylpropanamide) ; (12) Beta-hydroxy-3-methylfentanyl, some trade or other names : N- [1- (2-hydrox-2-phenethyl) -3-methyl-4-piperidinyl] -N- phenylpropanamide; (13) Betameprodine; (14) Betamethadol; (15) Betaprodine; (16) Clonitazene; (17) Dextromoramide; (18) Diampromide; (19) Diethylthiambutene; (20) Difenoxin; (21) Dimenoxadol; (22) Dimepheptanol; (23) Dimethylthiambutene; (24) Dioxaphetyl butyrate; (25) Dipipanone; (26) Ethylmethylthiambutene; (27) Etonitazene; (28) Etoxeridine; (29) Furethidine; (30) Hydroxypethidine; (31) Ketobemidone; (32) Levomoramide; (33) Levophenacylmorphan; (34) 3-Methylfentanyl (N- [3-methyl-1- (2-phenylethyl) -4- piperidyl] -N-phenylprop anamide) ; (35) 3-Methylthiofentanyl (N- [ (3-methyl-1- (2-thienyl) ethyl-4- piperidinyl] -N-phenylpropanamide) ; (36) Morpheridine; (37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine) ; (38) Noracymethadol; (39) Norlevorphanol; RCW (10/5/2022 12 : 21 PM) [ 1 ] (40) Normethadone; (41) Norpipanone; (42) Para-fluorofentanyl (N- (4-fluorophenyl) -N- [1- (2- phenethyl) -4-piperidinyl] propanamide) ; (43) PEPAP (1- (-2-phenethyl) -4-phenyl-4-acetoxypiperidine) ; (44) Phenadoxone; (45) Phenampromide; (46) Phenomorphan; (47) Phenoperidine; (48) Piritramide; (49) Proheptazine; (50) Properidine; (51) Propiram; (52) Racemoramide; (53) Thiofentanyl (N-phenyl-N- [1- (2-thienyl) ethyl-4-piperidinyl] - propanamide) ; (54) Tilidine; (55) Trimeperidine . (b) Opium derivatives . Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Acetorphine; (2) Acetyldihydrocodeine; (3) Benzylmorphine; (4) Codeine methylbromide; (5) Codeine-N-Oxide; ( 6) Cyprenorphine; (7) Desomorphine; (8) Dihydromorphine; (9) Drotebanol; (10) Etorphine, except hydrochloride salt; (11) Heroin; (12) Hydromorphinol; (13) Methyldesorphine; (14) Methyldihydromorphine; (15) Morphine methylbromide; (16) Morphine methylsulfonate; (17) Morphine-N-Oxide; (18) Myrophine; (19) Nicocodeine; (20) Nicomorphine; (21) Normorphine; (22) Pholcodine; (2 3) Thebacon. (c) Hallucinogenic substances . Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation. For the purposes of this subsection only, the term "isomer" includes the optical, position, and geometric isomers : (1) Alpha-ethyltryptamine : Some trade or other names : Etryptamine; monase; a-ethyl-1H-indole-3-ethanamine; 3- (2-aminobutyl) indole; a-ET; and AET; RCW (10/5/2022 12 : 21 PM) [ 2 ] (2) 4-bromo-2, 5-dimethoxy-amphetamine : Some trade or other names : 4-bromo-2, 5-dimethoxy-a-methylphenethylamine; 4-bromo-2, 5-DMA; (3) 4-bromo-2, 5-dimethoxyphenethylamine : Some trade or other names : 2- (4-bromo-2, 5-dimethoxyphenyl) -1-aminoethane; alpha-desmethyl DOB; 2C-B, nexus; (4) 2, 5-dimethoxyamphetamine : Some trade or other names : 2, 5- dimethoxy-a-methylphenethylamine; 2, 5-DMA; (5) 2, 5-dimethoxy-4-ethylamphetamine (DOET) ; ( 6) 2, 5-dimethoxy-4- (n) -propylthiophenethylamine : Other name : 2C-T-7; (7) 4-methoxyamphetamine : Some trade or other names : 4-methoxy-a- methylphenethylamine; paramethoxyamphetamine, PMA; (8) 5-methoxy-3, 4-methylenedioxy-amphetamine; (9) 4-methyl-2, 5-dimethoxy-amphetamine : Some trade and other names : 4-methyl-2, 5-dimethoxy-a-methylphenethylamine; "DOM" ; and "STP" ; (10) 3, 4-methylenedioxy amphetamine; (11) 3, 4-methylenedioxymethamphetamine (MDMA) ; (12) 3, 4-methylenedioxy-N-ethylamphetamine, also known as N- ethyl-alpha-methyl-3, 4 (methylenedioxy) phenethylamine, N-ethyl MDA, MDE, MDEA; (13) N-hydroxy-3, 4-methylenedioxyamphetamine also known as N-hydroxy-alpha-methyl-3, 4 (methylenedioxy) phenethylamine,N-hydroxy MDA; (14) 3, 4, 5-trimethoxy amphetamine; (15) Alpha-methyltryptamine : Other name : AMT; (16) Bufotenine : Some trade or other names : 3- (beta- Dimethylaminoethyl) -5-hydroxindole; 3- (2-dimethylaminoethyl) -5- indolol; N, N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine; (17) Cannabis; (18) Diethyltryptamine : Some trade or other names : N,N- Diethyltryptamine; DET; (19) Dimethyltryptamine : Some trade or other names : DMT; (20) 5-methoxy-N,N-diisopropyltryptamine : Other name : 5-MeO-DIPT; (21) Ibogaine : Some trade or other names : 7-Ethyl-6, 6 beta, 7, 8, 9, 10, 12, 13, -octahydro-2-methoxy-6, 9-methano-5H-pyndo (1 ' , 2 ' 1, 2) azepino (5, 4-b) indole; Tabernanthe iboga; (22) Lysergic acid diethylamide; (23) Mescaline; (24) Parahexyl-7374 : Some trade or other names : 3-Hexyl-l- hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b, d] pyran; synhexyl; (25) Peyote, meaning all parts of the plant presently classified botanically as Lophophora Williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such plant, its seeds, or extracts; (interprets 21 U. S .C. Sec. 812 (c) , Schedule I (c) (12) ) ; (26) N-ethyl-3-piperidyl benzilate; (27) N-methyl-3-piperidyl benzilate; (28) Psilocybin; (29) Psilocyn; (30) (i) Tetrahydrocannabinols, meaning tetrahydrocannabinols naturally contained in a plant of the genera Cannabis, as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of the genera Cannabis, and/or synthetic RCW (10/5/2022 12 : 21 PM) [ 3 ] substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: (A) 1 - cis - or trans tetrahydrocannabinol, and their optical isomers, excluding tetrahydrocannabinol in sesame oil and encapsulated in a soft gelatin capsule in a drug product approved by the United States Food and Drug Administration; (B) 6 - cis - or trans tetrahydrocannabinol, and their optical isomers; (C) 3, 4 - cis - or trans tetrahydrocannabinol, and its optical isomers; or (D) That is chemically synthesized and either: (I) Has been demonstrated to have binding activity at one or more cannabinoid receptors; or (II) Is a chemical analog or isomer of a compound that has been demonstrated to have binding activity at one or more cannabinoid receptors; (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered. ) (ii) Hemp and industrial hemp, as defined in RCW 15 . 140 . 020, are excepted from the categories of controlled substances identified under this section; (31) Ethylamine analog of phencyclidine : Some trade or other names : N-ethyl-lphenylcyclohexalymine, (1-phenylcyclohexl) ethylamine; N- (1-phenylcyclohexyl) ethylamine; cyclohexamine; PCE; (32) Pyrrolidine analog of phencyclidine : Some trade or other names : 1- (1-phencyclohexyl) pyrrolidine; PCPy; PHP; (33) Thiophene analog of phencyclidine : Some trade or other names : 1- (1- [2-thenyl] -cyclohexly) -pipendine; 2-thienylanalog of phencyclidine; TPCP; TCP; (34) 1- [1- (2-thienyl) cyclohexyl] pyrrolidine : A trade or other name is TCPy. (d) Depressants . Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation. (1) Gamma-hydroxybutyric acid: Some other names include GHB; gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate; (2) Mecloqualone; (3) Methaqualone . (e) Stimulants . Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers : (1) Aminorex: Some other names : aminoxaphen; 2-amino-5-phenyl-2- oxazoline; or 4, 5-dihydro-5-phenly-2-oxazolamine; (2) N-Benzylpiperazine : Some other names : BZP, 1-benzylpiperazine; (3) Cathinone, also known as 2-amino-l-phenyl-1-propanone, alpha-aminopropiophenone, 2-aminopropiophenone and norephedrone; (4) Fenethylline; (5) Methcathinone : Some other names : 2- (methylamino) - propiophenone; alpha- (methylamino) propiophenone; 2- (methylamino) -1- RCW (10/5/2022 12 : 21 PM) [ 4 ] phenylpropan-l-one; alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463 and UR1432, its salts, optical isomers, and salts of optical isomers; ( 6) (+-) cis-4-methylaminorex ( (+-) cis-4, 5-dihydro-4-methyl-5- phenyl-2-oxazolamine) ; (7) N-ethylamphetamine; (8) N,N-dimethylamphetamine : Some trade or other names : N,N- alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenoethylene . The controlled substances in this section may be added, rescheduled, or deleted as provided for in RCW 69 . 50 . 201 . [2022 c 16 § 53; 2019 c 158 § 13; 2015 2nd sp. s . c 4 § 1203; 2010 c 177 § 2; 1993 c 187 § 4; 1986 c 124 § 3; 1980 c 138 § 1; 1971 ex. s . c 308 § 69 . 50 . 204 . ] Intent—Finding-2022 c 16: See note following RCW 69 . 50 . 101 . Effective date-2019 c 158 : See RCW 15 . 140 . 900 . Findings—Intent—Effective dates-2015 2nd sp. s . c 4 : See notes following RCW 69 . 50 . 334 . Pharmacy quality assurance commission may change schedules of controlled substances: RCW 69. 50. 201 . RCW (10/5/2022 12 : 21 PM) [ 5 ] RCW 69.50 .206 Schedule II . (a) The drugs and other substances listed in this section, by whatever official name, common or usual name, chemical name, or brand name designated, are included in Schedule II . (b) Substances . (Vegetable origin or chemical synthesis . ) Unless specifically excepted, any of the following substances, except those listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis : (1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, thebaine- derived butorphanol, dextrorphan, nalbuphine, nalmefene, naloxone, and naltrexone, and their respective salts, but including the following: (i) Raw opium; (ii) Opium extracts; (iii) Opium fluid; (iv) Powdered opium; (v) Granulated opium; (vi) Tincture of opium; (vii) Codeine; (viii) Dihydroetorphine; (ix) Ethylmorphine; (x) Etorphine hydrochloride; (xi) Hydrocodone; (xii) Hydromorphone; (xiii) Metopon; (xiv) Morphine; (xv) Oripavine; (xvi) Oxycodone; (xvii) Oxymorphone; and (xviii) Thebaine . (2) Any salt, compound, isomer, derivative, or preparation thereof that is chemically equivalent or identical with any of the substances referred to in subsection (b) (1) of this section, but not including the isoquinoline alkaloids of opium. (3) Opium poppy and poppy straw. (4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves including cocaine and ecgonine, and their salts, isomers, derivatives, and salts of isomers and derivatives, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine . (5) Concentrate of poppy straw (The crude extract of poppy straw in either liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium poppy. ) (c) Opiates . Unless specifically excepted or unless in another schedule, any of the following synthetic opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation, dextrorphan and levopropoxyphene excepted: (1) Alfentanil; (2) Alphaprodine; (3) Anileridine; RCW (10/5/2022 12 : 21 PM) [ 1 ] RCW 69.50 .208 Schedule III . Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in Schedule III : (a) Stimulants . Any material, compound, mixture, or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers, whether optical, position, or geometric, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Any compound, mixture, or preparation in dosage unit form containing any stimulant substance included in Schedule II and which was listed as an excepted compound on August 25, 1971, pursuant to the federal Controlled Substances Act, and any other drug of the quantitative composition shown in that list for those drugs or which is the same except for containing a lesser quantity of controlled substances; (2) Benzphetamine; (3) Chlorphentermine; (4) Clortermine; (5) Phendimetrazine . (b) Depressants . Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system: (1) Any compound, mixture, or preparation containing: (i) Amobarbital; (ii) Secobarbital; (iii) Pentobarbital; or any salt thereof and one or more other active medicinal ingredients which are not listed in any schedule; (2) Any suppository dosage form containing: (i) Amobarbital; (ii) Secobarbital; (iii) Pentobarbital; or any salt of any of these drugs and approved by the Food and Drug Administration for marketing only as a suppository; (3) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid; (4) Chlorhexadol; (5) Embutramide; ( 6) Any drug product containing gamma hydroxybutyric acid, including its salts, isomers, and salts of isomers, for which an application is approved under section 505 of the federal food, drug, and cosmetic act; (7) Ketamine, its salts, isomers, and salts of isomers, some other names for ketamine : (<plus-minus>) -2- (2-chlorophenyl) -2- (methylamino) -cyclohexanone; (8) Lysergic acid; (9) Lysergic acid amide; (10) Methyprylon; (11) Sulfondiethylmethane; (12) Sulfonethylmethane; (13) Sulfonmethane; (14) Tiletamine and zolazepam or any of their salts—some trade or other names for a tiletamine-zolazepam combination product : RCW (10/5/2022 12 : 21 PM) [ 1 ] Telazol, some trade or other names for tiletamine : 2- (ethylamino) -2- (2-thienyl) cyclohexanone, some trade or other names for zolazepam: 4- (2-fluorophenyl) -6, 8-dihydro-1, 3, 8- trimethylpyrazolo- [3, 4-e] [1, 4] -diazepin-7 (1H) -one flupyrazapon. (c) Nalorphine . (d) Narcotic drugs . Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof calculated as the free anhydrous base or alkaloid, in limited quantities as set forth in this subsection: (1) Not more than 1 . 8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium; (2) Not more than 1 . 8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts; (3) Not more than 300 milligrams of dihydrocodeinone (hydrocodone) per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium; (4) Not more than 300 milligrams of dihydrocodeinone (hydrocodone) per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts; (5) Not more than 1 . 8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts; ( 6) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts; (7) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts; and (8) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts . (e) Any material, compound, mixture, or preparation containing any of the following narcotic drugs or their salts : Buprenorphine . (f) Hallucinogenic substances . Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States food and drug administration approved product . Some other names for dronabinol : [ 6a R-trans] -6a, 7, 8, l0a-tetrahydro-6, 6, 9-trimethyl-3- pentyl-6H-dibenzo [b, d] pyran-i-ol, or (-) -delta-9- (trans) - tetrahydrocannabinol . (g) Anabolic steroids . The term "anabolic steroids" means any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone, that promotes muscle growth and includes : (1) 313, 17-dihydroxy-5a-androstane; (2) 3a, 1713-dihydroxy-5a-androstane; (3) 5a-androstan-3, 17-dione; (4) 1-androstenediol (313, 1713-dihydroxy-5a-androst-l-ene) ; (5) 1-androstenediol (3a, 1713-dihydroxy-5a-androst-l-ene) ; ( 6) 4-androstenediol (313, 1713-dihydroxy-androst-4-ene) ; (7) 5-androstenediol (313, 1713-dihydroxy-androst-5-ene) ; RCW (10/5/2022 12 : 21 PM) [ 2 ] (8) 1-androstenedione ( [5a] -androst-l-en-3, 17-dione) ; (9) 4-androstenedione (androst-4-en-3, 17-dione) ; (10) 5-androstenedione (androst-5-en-3, 17-dione) ; (11) Bolasterone (7a, 17a-dimethy1-1713-hydroxyandrost-4-en-3-one) ; (12) Boldenone (1713-hydroxyandrost-1, 4, -diene-3-one) ; (13) Calusterone (713, 17a-dimethy1-1713-hydroxyandrost-4-en-3-one) ; (14) Clostebol (4-chloro-1713-hydroxyandrost-4-en-3-one) ; (15) Dehydrochloromethyltestosterone (4-chloro-1713-hydroxy-17a- methyl-androst-1, 4-dien-3-one) ; (16) Al-dihydrotestosterone (a. k. a. ' 1-testosterone ' ) (1713- hydroxy-5a-androst-l-en-3-one) ; (17) 4-dihydrotestosterone (1713-hydroxy-androstan-3-one) ; (18) Drostanolone (1713-hydroxy-2a-methyl-5a-androstan-3-one) ; (19) Ethylestrenol (17a-ethyl-1713-hydroxyestr-4-ene) ; (20) Fluoxymesterone (9-fluoro-17a-methyl-11(3, 17(3- dihydroxyandrost-4-en-3-one) ; (21) Formebolone (2-formyl-17a-methyl-11a, 17R- dihydroxyandrost-1, 4-dien-3-one) ; (22) Furazabol (17a-methyl-1713-hydroxyandrostano [2, 3-c] -furazan) ; (23) 13(3-ethyl-17(3-hydroxygon-4-en-3-one; (24) 4-hydroxytestosterone (4, 1713-dihydroxy-androst-4-en-3-one) ; (25) 4-hydroxy-19-nortestosterone (4, 1713-dihydroxy-estr-4-en-3- one) ; (26) Mestanolone (17a-methyl-1713-hydroxy-5-androstan-3-one) ; (27) Mesterolone (la methyl-17(3-hydroxy- [5a] -androstan-3-one) ; (28) Methandienone (17a-methyl-1713-hydroxyandrost-1, 4-dien-3-one) ; (29) Methandriol (17a-methyl-3(3, 17(3-dihydroxyandrost-5-ene) ; (30) Methenolone (1-methyl-1713-hydroxy-5a-androst-l-en-3-one) ; (31) 17a-methyl-3(3, 17(3-dihydroxy-5a-androstane; (32) 17a-methyl-3a, 1713-dihydroxy-5a-androstane; (33) 17a-methyl-3(3, 17(3-dihydroxyandrost-4-ene; (34) 17a-methyl-4-hydroxynandrolone (17a-methyl-4-hydroxy-1713- hydroxyestr-4-en-3-one) ; (35) Methyldienolone (17a-methyl-1713-hydroxyestra-4, 9 (10) -dien-3- one) ; (36) Methyltrienolone (17a-methyl-1713-hydroxyestra-4, 9-11- trien-3-one) ; (37) Methyltestosterone (17a-methyl-1713-hydroxyandrost-4-en-3-one) ; (38) Mibolerone (7a, 17a-dimethyl-1713-hydroxyestr-4-en-3-one) ; (39) 17a-methyl-Al-dihydrotestosterone (17b13-hydroxy-17a- methyl-5a-androst-l-en-3-one) (also known as ' 17-a-methyl-l-testosterone ' ) ; (40) Nandrolone (1713-hydroxyestr-4-en-3-one) ; (41) 19-nor-4-androstenediol (313, 17(3-dihydroxyestr-4-ene) ; (42) 19-nor-4-androstenediol (3a, 17(3-dihydroxyestr-4-ene) ; (43) 19-nor-5-androstenediol (313, 17(3-dihydroxyestr-5-ene) ; (44) 19-nor-5-androstenediol (3a, 17(3-dihydroxyestr-5-ene) ; (45) 19-nor-4-androstenedione (estr-4-en-3, 17-dione) ; (46) 19-nor-5-androstenedione (estr-5-en-3, 17-dione) ; (47) Norbolethone (1313, 17a-diethyl-17(3-hydroxygon-4-en-3-one) ; (48) Norclostebol (4-chloro-1713-hydroxyestr-4-en-3-one) ; (49) Norethandrolone (17a-ethyl-1713-hydroxyestr-4-en-3-one) ; (50) Normethandrolone (17a-methyl-1713-hydroxyestr-4-en-3-one) ; (51) Oxandrolone (17a-methyl-1713-hydroxy-2-oxa- [5a] -androstan-3- one) ; RCW (10/5/2022 12 : 21 PM) [ 3 ] (52) Oxymesterone (17a-methyl-4, 1713-dihydroxyandrost-4-en-3-one) ; (53) Oxymetholone (17a-methyl-2-hydroxymethylene-17(3- hydroxy- [5a] -androstan-3-one) ; (54) Stanozolol (17a-methyl-1713-hydroxy- [5a] -androst-2- eno [3, 2-c] -pyrazole) ; (55) Stenbolone (1713-hydroxy-2-methyl- [5a] -androst-l-en-3-one) ; (56) Testolactone (13-hydroxy-3-oxo-13, 17-secoandrosta-1, 4- dien-17-oic acid lactone) ; (57) Testosterone (1713-hydroxyandrost-4-en-3-one) ; (58) Tetrahydrogestrinone (1313, 17a-diethyl-17(3- hydroxygon-4, 9, 11-trien-3-one) ; (59) Trenbolone (1713-hydroxyestr-4, 9, 11-trien-3-one) ; and ( 60) Any salt, ester, or ether of a drug or substance described in this section. Such term does not include an anabolic steroid that is expressly intended for administration through implants to cattle or other nonhuman species and that has been approved by the secretary of the department of health and human services for such administration. If any person prescribes, dispenses, or distributes such steroid for human use, the person shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this section. The commission may except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in subsection (a) (1) and (2) of this section from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, and if the admixtures are in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances having a stimulant or depressant effect on the central nervous system. The controlled substances listed in this section may be added, rescheduled, or deleted as provided for in RCW 69 . 50 . 201 . [2013 c 19 § 91; 2010 c 177 § 4; 1993 c 187 § 8; 1986 c 124 § 5; 1980 c 138 § 3; 1971 ex. s . c 308 § 69 . 50 . 208 . ] Commission may change schedules of controlled substances: RCW 69. 50. 201 . RCW (10/5/2022 12 : 21 PM) [ 4 ] (4) Bezitramide; (5) Bulk dextropropoxyphene (nondosage forms) ; ( 6) Carfentanil; (7) Dihydrocodeine; (8) Diphenoxylate; (9) Fentanyl; (10) Isomethadone; (11) Levo-alphacetylmethadol, also known as levo-alpha- acetylmethadol, levomethadyl acetate, or LAAM; (12) Levomethorphan; (13) Levorphanol; (14) Metazocine; (15) Methadone; (16) Methadone—Intermediate, 4-cyano-2-dimethylamino-4, 4- diphenyl butane; (17) Moramide—Intermediate, 2-methyl-3-morpholino-1, 1- diphenylpropane-carboxylic acid; (18) Pethidine (meperidine) ; (19) Pethidine—Intermediate-A, 4-cyano-l-methyl-4- phenylpiperidine; (20) Pethidine—Intermediate-B, ethyl-4-phenylpiperidine-4- carboxylate; (21) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4- carboxylic acid; (22) Phenazocine; (23) Piminodine; (24) Racemethorphan; (25) Racemorphan; (26) Remifentanil; (27) Sufentanil; (28) Tapentadol . (d) Stimulants . Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system: (1) Amphetamine, its salts, optical isomers, and salts of its optical isomers; (2) Methamphetamine, its salts, isomers, and salts of its isomers; (3) Phenmetrazine and its salts; (4) Methylphenidate; (5) Lisdexamfetamine, its salts, isomers, and salts of its isomers . (e) Depressants . Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Amobarbital; (2) Glutethimide; (3) Pentobarbital; (4) Phencyclidine; (5) Secobarbital . (f) Hallucinogenic substances . RCW (10/5/2022 12 : 21 PM) [ 2 ] Nabilone : Some trade or other names are ( ± ) -trans3- (1, 1- dimethlheptyl) -6, 6a, 7, 8, 10, 10a-hexahydro-l-hydroxy-6, 6-dimethyl-9H- dibenzol [b, d] pyran-9-one . (g) Immediate precursors . Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances : (1) Immediate precursor to amphetamine and methamphetamine : (i) Phenylacetone : Some trade or other names phenyl-2-propanone, P2P, benzyl methyl ketone, methyl benzyl ketone . (2) Immediate precursors to phencyclidine (PCP) : (i) 1-phenylcyclohexylamine; (ii) 1-piperidinocyclohexanecarbonitrile (PCC) . The controlled substances in this section may be added, rescheduled, or deleted as provided for in RCW 69 . 50 . 201 . [2010 c 177 § 3; 1993 c 187 § 6; 1986 c 124 § 4; 1980 c 138 § 2; 1971 ex. s . c 308 § 69 . 50 . 206 . ] Pharmacy quality assurance commission may change schedules of controlled substances: RCW 69. 50. 201 . RCW (10/5/2022 12 : 21 PM) [ 3 ] RCW 69.50 .210 Schedule IV. Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in Schedule IV: (a) Any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below: (1) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit . (2) Dextropropoxyphene (alpha- (+) -4-dimethylamino-1, 2-diphenyl-3- methyl-2-propionoxybutane) . (b) Depressants . Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following substances having a depressant effect on the central nervous system, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Alprazolam; (2) Barbital; (3) Bromazepam; (4) Camazepam; (5) Carisoprodol; ( 6) Chloral betaine; (7) Chloral hydrate; (8) Chlordiazepoxide; (9) Clobazam; (10) Clonazepam; (11) Clorazepate; (12) Clotiazepam; (13) Cloxazolam; (14) Delorazepam; (15) Diazepam; (16) Dichloralphenazone; (17) Estazolam; (18) Ethchlorvynol; (19) Ethinamate; (20) Ethyl loflazepate; (21) Fludiazepam; (22) Flunitrazepam; (23) Flurazepam; (24) Halazepam; (25) Haloxazolam; (26) Ketazolam; (27) Loprazolam; (28) Lorazepam; (29) Lormetazepam; (30) Mebutamate; (31) Medazepam; (32) Meprobamate; (33) Methohexital; (34) Methylphenobarbital (mephobarbital) ; (35) Midazolam; (36) Nimetazepam; (37) Nitrazepam; (38) Nordiazepam; RCW (10/5/2022 12 : 21 PM) [ 1 ] (39) Oxazepam; (40) Oxazolam; (41) Paraldehyde; (42) Petrichloral; (43) Phenobarbital; (44) Pinazepam; (45) Prazepam; (46) Quazepam; (47) Temazepam; (48) Tetrazepam; (49) Triazolam; (50) Zaleplon; (51) Zolpidem; and (52) Zopiclone . (c) Fenfluramine . Any material, compound, mixture, or preparation containing any quantity of the following substance, including its salts, isomers, and salts of such isomers, whenever the existence of such salts, isomers, and salts of isomers is possible : Fenfluramine . (d) Stimulants . Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers, and salts of isomers : (1) Cathine ( (+) norpseudoephedrine) ; (2) Diethylpropion; (3) Fencamfamin; (4) Fenproporex; (5) Mazindol; ( 6) Mefenorex; (7) Modafinil; (8) Pemoline (including organometallic complexes and chelates thereof) ; (9) Phentermine; (10) Pipradrol; (11) Sibutramine; (12) SPA ( (-) -1-dimethylamino-1, 2-dephenylethane) . (e) Other substances . Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following substance, including its salts : (1) Pentazocine; (2) Butorphanol, including its optical isomers . The commission may except by rule any compound, mixture, or preparation containing any depressant substance listed in subsection (b) of this section from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances having a depressant effect on the central nervous system. The controlled substances listed in this section may be added, rescheduled, or deleted as provided for in RCW 69 . 50 . 201 . [2013 c 19 § 93; 2010 c 177 § 5; 1993 c 187 § 10; 1986 c 124 § 6; 1981 c 147 § 2; 1980 c 138 § 4; 1971 ex. s . c 308 § 69 . 50 . 210 . ] RCW (10/5/2022 12 : 21 PM) [ 2 ] Commission may change schedules of controlled substances: RCW 69. 50. 201 . RCW (10/5/2022 12 : 21 PM) [ 3 RCW 69.50 .212 Schedule V. Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in Schedule V: (a) Any compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth in this subsection, which also contains one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone : (1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams; (2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams; (3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams; (4) Not more than 2 . 5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit; (5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams; ( 6) Not more than 0 . 5 milligrams of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit . (b) Stimulants . Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers : Pyrovalerone . (c) Depressants . Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts : (1) Lacosamid, [ (R) -2-acetoamido-N-benzyl-3-methoxy-propionamide] ; (2) Pregabalin{ (S) -3- (aminomethyl) -5-methylhexanoic acid} . The controlled substances listed in this section may be added, rescheduled, or deleted as provided for in RCW 69 . 50 . 201 . [2010 c 177 § 6; 1993 c 187 § 12; 1986 c 124 § 7; 1980 c 138 § 5; 1971 ex. s . c 308 § 69 . 50 . 212 . ] Pharmacy quality assurance commission may change schedules of controlled substances: RCW 69. 50. 201 . RCW (10/5/2022 12 : 21 PM) [ 1 ] RCW 69.50 .213 Republishing of schedules . The commission shall publish updated schedules annually. Failure to publish updated schedules is not a defense in any administrative or judicial proceeding under this chapter. [2013 c 19 § 95; 1993 c 187 § 13; 1971 ex. s . c 308 § 69 . 50 . 213 . ] RCW (10/5/2022 12 : 21 PM) [ 1 ] RCW 69.50 .214 Controlled substance analog. A controlled substance analog, to the extent intended for human consumption, shall be treated, for the purposes of this chapter, as a substance included in Schedule I . Within thirty days after the initiation of prosecution with respect to a controlled substance analog by indictment or information, the prosecuting attorney shall notify the commission of information relevant to emergency scheduling as provided for in RCW 69 . 50 . 201 (e) . After final determination that the controlled substance analog should not be scheduled, no prosecution relating to that substance as a controlled substance analog may continue or take place . [2013 c 19 § 96; 1993 c 187 § 14 . ] RCW (10/5/2022 12 : 21 PM) [ 1 ] RCW 69.50 .360 Cannabis retailers, employees of retail outlets— Certain acts not criminal or civil offenses . The following acts, when performed by a validly licensed cannabis retailer or employee of a validly licensed retail outlet in compliance with rules adopted by the board to implement and enforce chapter 3, Laws of 2013, do not constitute criminal or civil offenses under Washington state law: (1) Purchase and receipt of cannabis concentrates, useable cannabis, or cannabis-infused products that have been properly packaged and labeled from a cannabis processor validly licensed under this chapter; (2) Possession of quantities of cannabis concentrates, useable cannabis, or cannabis-infused products that do not exceed the maximum amounts established by the board under RCW 69 . 50 . 345 (5) ; (3) Delivery, distribution, and sale, on the premises of the retail outlet, of any combination of the following amounts of cannabis concentrates, useable cannabis, or cannabis-infused product to any person twenty-one years of age or older: (a) One ounce of useable cannabis; (b) Sixteen ounces of cannabis-infused product in solid form; (c) Seventy-two ounces of cannabis-infused product in liquid form; or (d) Seven grams of cannabis concentrate; and (4) Purchase and receipt of cannabis concentrates, useable cannabis, or cannabis-infused products that have been properly packaged and labeled from a federally recognized Indian tribe as permitted under an agreement between the state and the tribe entered into under RCW 43 . 06 . 490 . [2022 c 16 § 72 . Prior: 2015 c 207 § 6; 2015 c 70 § 13; 2014 c 192 § 5; 2013 c 3 § 15 (Initiative Measure No . 502, approved November 6, 2012) . ] Intent—Finding-2022 c 16: See note following RCW 69 . 50 . 101 . Intent—Finding-2015 c 207 : See note following RCW 43 . 06 . 490 . Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation-2015 c 70 : See notes following RCW 66 . 08 . 012 . Intent-2013 c 3 (Initiative Measure No. 502) : See note following RCW 69 . 50 . 101 . RCW (10/5/2022 12 : 21 PM) [ 1 ] RCW 69.50 .360 Cannabis retailers, employees of retail outlets— Certain acts not criminal or civil offenses . The following acts, when performed by a validly licensed cannabis retailer or employee of a validly licensed retail outlet in compliance with rules adopted by the board to implement and enforce chapter 3, Laws of 2013, do not constitute criminal or civil offenses under Washington state law: (1) Purchase and receipt of cannabis concentrates, useable cannabis, or cannabis-infused products that have been properly packaged and labeled from a cannabis processor validly licensed under this chapter; (2) Possession of quantities of cannabis concentrates, useable cannabis, or cannabis-infused products that do not exceed the maximum amounts established by the board under RCW 69 . 50 . 345 (5) ; (3) Delivery, distribution, and sale, on the premises of the retail outlet, of any combination of the following amounts of cannabis concentrates, useable cannabis, or cannabis-infused product to any person twenty-one years of age or older: (a) One ounce of useable cannabis; (b) Sixteen ounces of cannabis-infused product in solid form; (c) Seventy-two ounces of cannabis-infused product in liquid form; or (d) Seven grams of cannabis concentrate; and (4) Purchase and receipt of cannabis concentrates, useable cannabis, or cannabis-infused products that have been properly packaged and labeled from a federally recognized Indian tribe as permitted under an agreement between the state and the tribe entered into under RCW 43 . 06 . 490 . [2022 c 16 § 72 . Prior: 2015 c 207 § 6; 2015 c 70 § 13; 2014 c 192 § 5; 2013 c 3 § 15 (Initiative Measure No . 502, approved November 6, 2012) . ] Intent—Finding-2022 c 16: See note following RCW 69 . 50 . 101 . Intent—Finding-2015 c 207 : See note following RCW 43 . 06 . 490 . Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation-2015 c 70 : See notes following RCW 66 . 08 . 012 . Intent-2013 c 3 (Initiative Measure No. 502) : See note following RCW 69 . 50 . 101 . RCW (10/5/2022 12 : 21 PM) [ 1 ] RCW 69.50 .445 Opening package of or consuming cannabis, useable cannabis, cannabis-infused products, or cannabis concentrates in view of general public or public place—Penalty. (1) It is unlawful to open a package containing cannabis, useable cannabis, cannabis-infused products, or cannabis concentrates, or consume cannabis, useable cannabis, cannabis-infused products, or cannabis concentrates, in view of the general public or in a public place . (2) For the purposes of this section, "public place" has the same meaning as defined in RCW 66 . 04 . 010, but the exclusions in RCW 66 . 04 . 011 do not apply. (3) A person who violates this section is guilty of a class 3 civil infraction under chapter 7 . 80 RCW. [2022 c 16 § 94; 2015 2nd sp. s . c 4 § 401; 2013 c 3 § 21 (Initiative Measure No . 502, approved November 6, 2012) . ] Intent—Finding-2022 c 16: See note following RCW 69 . 50 . 101 . Findings—Intent—Effective dates-2015 2nd sp. s . c 4 : See notes following RCW 69 . 50 . 334 . Intent-2013 c 3 (Initiative Measure No. 502) : See note following RCW 69 . 50 . 101 . RCW (10/5/2022 12 : 21 PM) [ 1 ] RCW 69.50 .445 Opening package of or consuming cannabis, useable cannabis, cannabis-infused products, or cannabis concentrates in view of general public or public place—Penalty. (1) It is unlawful to open a package containing cannabis, useable cannabis, cannabis-infused products, or cannabis concentrates, or consume cannabis, useable cannabis, cannabis-infused products, or cannabis concentrates, in view of the general public or in a public place . (2) For the purposes of this section, "public place" has the same meaning as defined in RCW 66 . 04 . 010, but the exclusions in RCW 66 . 04 . 011 do not apply. (3) A person who violates this section is guilty of a class 3 civil infraction under chapter 7 . 80 RCW. [2022 c 16 § 94; 2015 2nd sp. s . c 4 § 401; 2013 c 3 § 21 (Initiative Measure No . 502, approved November 6, 2012) . ] Intent—Finding-2022 c 16: See note following RCW 69 . 50 . 101 . Findings—Intent—Effective dates-2015 2nd sp. s . c 4 : See notes following RCW 69 . 50 . 334 . Intent-2013 c 3 (Initiative Measure No. 502) : See note following RCW 69 . 50 . 101 . RCW (10/5/2022 12 : 21 PM) [ 1 ] RCW 69.52 . 020 Definitions . Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Controlled substance" means a substance as that term is defined in chapter 69 . 50 RCW. (2) "Distribute" means the actual or constructive transfer (or attempted transfer) or delivery or dispensing to another of an imitation controlled substance . (3) "Imitation controlled substance" means a substance that is not a controlled substance, but which by appearance or representation would lead a reasonable person to believe that the substance is a controlled substance . Appearance includes, but is not limited to, color, shape, size, and markings of the dosage unit . Representation includes, but is not limited to, representations or factors of the following nature : (a) Statements made by an owner or by anyone else in control of the substance concerning the nature of the substance, or its use or effect; (b) Statements made to the recipient that the substance may be resold for inordinate profit; or (c) Whether the substance is packaged in a manner normally used for illicit controlled substances . (4) "Manufacture" means the production, preparation, compounding, processing, encapsulating, packaging or repackaging, or labeling or relabeling of an imitation controlled substance . [1982 c 171 § 3 . ] RCW (10/5/2022 12 : 22 PM) [ 1 ] CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 16, 2023 Department Director Approval: El Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: 2024 Draft Council Budget Goals — Priority Project Rankings GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: May 9, 2023 discussion. BACKGROUND: At the May 9, 2023 Council Meeting, the City Manager provided an overview of the current priority projects. Council members added several to the list as detailed below. The next step of the process is to introduce the scoring spreadsheet for Council to prioritize the projects in preparation for a further discussion as part of the budget workshop on June 13, 2023. The list of priority projects to be initiated or addressed in 2024 is organized by department, division or function as follows: Police —Staffing, Facilities, Technology, Precinct/Court Uses Public Safety — Court Review, Jail Discussions, Prosecutor Review, Emergency Management Planning Economic Development — Tourism Strategy Outcomes, Annexations, Business Retention and Expansion Parks and Recreation — Parks Maintenance Contract, Park Security, Park System Planning Housing and Homelessness — Funding, Department Creation, Homeless Action Plan, Workforce Housing and Homeownership Incentives Community and Public Works — Code Enforcement, Streets Funding, Capital Improvement Program (CIP), Permitting, Comprehensive Plan Update Finance —Software Implementation, Grant and Project Management, Annual Financial Reports, Annual Budget CenterPlace— Define Programming Priorities, Staffing, Long-Term Facility Planning Human Resources — Retention and Recruitment, ADA Transition Plan, Collective Bargaining Information Technology— Cyber Security, Long-Range Planning Communications — Define Expectations Community Relations —Volunteer Coordination, Engagement Legislative Engagement — Define Expectations Facilities — Management and Improvement, Protection and Security Scoring sheets should be completed and returned to the City Clerk by the May 30, 2023 Council meeting. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: N/A BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: John Hohman, City Manager ATTACHMENTS: Scoring Sheet Priority Ranking Spreadsheet Ranking Ranking Ranking 1,2or3 1,2or3 1_2or3, Police Economic Development Parks and Recreation Staffing Tourism Strategy Outcomes Parks Maintenance Contract Facilities Annexations Park Security Technology Business Retention & Expansion Park System Planning Precinct/Court Uses Public Safety Housing & Homelessness Community and Public Works Court Review Funding Code Enforcement Jail Discussions Department Creation Streets Funding Prosecutor Review __ _ _ Homeless Action Plan Capital Improvement Program (CIP) Emergency Management Planning Workforce Housing&Homeownership Incentives Permitting _ Comprehensive Plan Update Finance CenterPlace Human Resources Software implementation Define Programming Priorities Retention and Recruitment Grant and Project Management Staffing ADA Transition Plan Annual Financial Report Long-Term Facility Planning Collective Bargaining Annual Budget Communications/PR information Technology Legislative Engagement Expectations Cyber Security Expectations Long-Range Planning Community Relations Facilities Volunteer Coordination Management and Improvement Engagement _ Protection and Security Ranking: instructions: Please rank each department with a 1, 2 or 3 based on your priority of the 2= High Priority 2 = Medium Priority department. Also rank each topic in that department with a 1, 2 or 3 based on your priority of 3 = Low Priority each topic. Please note the highlighted topics are manditory priorities, but should still be ranked. NAME: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 16, 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: Admin Report— GSI D.C. Fly-In Recap GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: This admin report provides a recap of the Greater Spokane Inc.'s (GSI) D.C. Fly-In advocacy trip to Washington, D.C. The City of Spokane Valley's delegation included Councilmember Brandi Peetz and Legislative Policy Coordinator Virginia Clough. Greater Spokane, Inc. is a non-profit organization that advocates on behalf of the greater Spokane region including the City of Spokane Valley to build the economy and help businesses thrive. The D.C. Fly-In event took place April 25-28 and included 33 GSI members, their staff and lobbyists. The primary goal of the trip was to advocate for items on GSI's federal agenda which includes over 40 policy statements under the following topics: • Healthcare and life sciences • Trade and economic development • Childcare and K-12 education • Higher education • Workforce • Military and veteran affairs • Broadband • Transportation and infrastructure • Energy • Agribusiness. Over two days and one evening, there were 16 meetings and an introductory reception scheduled. The GSI delegation attended the following meetings: 1. Roundtable Discussion with Chiefs of Staff of Senators Cantwell and Murray and U.S. Rep. McMorris Rodgers 2. Department of Education 3. Director of Federal Affairs for WA State Governor 4. U.S. Rep. Dan Newhouse (WA-4) 5. Senator Patty Murray 6. Senator Maria Cantwell 7. Colonel Alexander "Popeye" Fafinsk and other Air Force Officials 8. Discussion at the Finnish Embassy 9. Inland NW Reception and Discussion with U.S. Rep. Cathy McMorris Rodgers (WA-5) 10. Staff Director for U.S. Committee on Transportation and Infrastructure 11. U.S. Rep. Cathy McMorris Rodgers (WA-5) 12. U.S. Chamber Update 13. Connor Stubbs, Deputy Chief of Staff for U.S. Rep. Adam Smith (WA-9) Page 1 of 2 14. U.S. Rep. Russ Fulcher (ID-1) 15. U.S. Department of Transportation including Staff from Federal Aviation Administration, Federal Railroad Administration, Federal Highway Administration Hot topics and common themes of discussion in the aforementioned meetings included: • Legislation such as the Debt Ceiling Bill (raising statutory limit on national debt), Farm Bill (agricultural, food and nutritional policy—expires 9/30/23), Federal Aviation Administration (FAA) Reauthorization Bill (airline safety, flight delays, air traffic control modernization, airport terminal renovations/expansions), and additional reform needed of Graduate Medical Education (GME) Program (for increased slots/funding for primary care, family medicine and mental health) • Next steps in the appropriations process include subcommittee markups on proposed legislation, and congressional hearings • Implementation of federal programs such as the Infrastructure Investment and Jobs Act including permitting reform, and the CHIPS and Science Act. A meeting scheduled with U.S. Rep. Derek Kilmer (WA-6) was unfortunately cancelled. The City of Spokane Valley's delegation met with the City's federal lobbying firm to discuss our federal priorities in lieu of meetings with U.S. Rep. Adam Smith's staffmember (WA-9) and U.S. Rep. Russ Fulcher (ID-1). In conclusion,the D.C. Fly-In was a worthwhile opportunity to continue engagement with the City's congressional delegation and federal agencies about issues that impact the Spokane Valley community and the region. The D.C. Fly-In was also beneficial in learning more about the status of current and emerging federal legislation and establishing and strengthening connections with our congressional delegation, federal agencies and regional partners at GSI. RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Virginia Clough, Legislative Policy Coordinator/Project Manager ATTACHMENT: PowerPoint Presentation Page 2 of 2 GSI DC Fly- In Recap __ • 33 attendees from GSI and its lobbying firm y1 - � • City represented by Councilmember Brandi Peetz ., and Legislative Policy Coordinator Virginia Clough ,, ,• Other regional representatives „, F u g p ,. * • City of Spokane `\ ?*4 • Greater Spokane, Inc. ` �" • MultiCare and Providence , • Spokane County Commissioners ; *d • Spokane Public Facility District '� • • Spokane International Airport 0. 1-te• STC U 0 r • Washington State University and University of Washington .,-%0 4 • Other businesses • An introductory reception and 16 meetings 1 were scheduled over two days and one evening GSI Federal Legislative A en a • Developed in collaboration with community and business partners, local government and ata „... 2023 school district partners, higher education and communitycollege institutions, and _ FEDERAL AGENDA non-profit and labor leaders • Legislative agenda features 40+ policyiir ' I I' .Flwlp � i statements addressingvarious topics p 1 • Healthcare and Life Sciences -- F • Trade and Economic Development •� • Childcare and K-12 Education, • Higher Education COMMUNITY __- Together,we put the pieces in place to attract organizations,talent. Workforce ( , • and people with big dreams to create a vibrant community. - 4 • Military and Veteran Affairs Together,we support business expansion to create job growth for a thriving economy. Broadband VOICE • Together,we have a greater voice for the future of our region. TA T • Transportation and Infrastructure Together,we build,champion and retain a talented workforce. Srrb�V/A KNE ENGAGEMENT • Energy Investment,Communications,Partnerships,Events,Programming The Spokane wemon%9a5111e55 oeVropmenr organs m on 2 • Agribusiness (509)624-13931 Gremer5pokane.orp I Greater Spokane fnc Is a non profit 50106 wall a 501C3 Fountlation Day 1_Meetings • Chiefs of Staff Roundtable • Dept. of Education • Governor's Director of Federal Affairs • Rep . Dan Newhouse (WA-4) as • Senator Maria Cantwell (WA) • � eeting with Senator Cantwell+� Discussion at Finnish Embassy • Col . Fafinsk and other Air Force Representatives • Senator Patty Murray (WA) • Inland Northwest Reception 3 Day 2 Meetings • Staff Director for U .S. Committee on Transportation & Infrastructure • Rep. Cathy McMorris Rodgers • U .S. Chamber Update „- 114, • * Meeting with City of SV's Federal Lobbying Firm x • * * Connor Stubbs, Dep. Chief of Staff for Rep. Adam Smith (WA-9) r, — ,. • * * Rep. Derek Kilmer (WA-6) — meeting cancelled • * * Rep. Russ Fulcher ( ID-1) • U .S. Department of Transportation Rep. McMorris Rodgers • City of Spokane Valley meeting only * *Councilmember Peetz and Ms. Clough met with city's federal lobbyist rather 4 than these meetings Most Discussed Topics __ • Current Hot Topics and Proposed Legislation • Debt Ceiling Bill (raising statutory limit on national debt) • Farm Bill (agricultural, food and nutritional policy — expires 9/30/23) • Federal Aviation Administration (FAA) Reauthorization Bill (airline safety, flight delays, air traffic control modernization, airport terminal renovations/expansions) • Reform needed Graduate Medical Education (GME) Program (for increased slots/funding for primary care, family medicine and mental health) • Fiscal Year ( FY) 2024 Appropriations • City of SV requested $3 million each for three projects on City's federal agenda • Next steps - subcommittee markups and congressional hearings • Implementation of Federal Programs • Infrastructure Investment and Jobs Act (including permitting reform) 5 • CHIPS and Science Act (this region could compete as a technology & innovation hub) DC_Fly- In Conclusion • Engaged with congressional delegation and federal agencies about Spokane Valley and the region • Barker Road Grade Separation Project (GSP) • Thanked federal funding partners • Shared news of our recent ribbon cutting in April • Pines Road/BNSF Grade Separation Project • Thanked federal funding partners • Provided update and invitation to attend future groundbreaking ceremony • Received updates and learned about current and emerging legislation • Established and strengthened connections with congressional delegation, federal agencies and regional partners at GSI • Raised level of City's participation and prominence 6 ----------- • ----• tr.-",$",• i"--•4-i, a -.'-- ----- ----....,_-_—____ - ----'`-----•,_N. •-•.,.k, ',. 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I; a 0, ... t.911 41 11 , _ '.1_ sii ,. , ,i, I i __ _____, _. . . , , ..., ,.... \It --. _ Valley .._______ . . ...._ , CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 16, 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: Regional homeless collaboration update GOVERNING LEGISLATION: NA PREVIOUS COUNCIL ACTION TAKEN: Administrative Report January 31, 2023; administrative report February 7, 2023; administrative report February 21, 2023; administrative report February 28, 2023; motion consideration for joint statement on March 21, 2023. BACKGROUND: As part of the City's ongoing discussions regarding its homelessness response, in the first quarter of 2023, the City Council voted to approve signing a joint statement considering a regional approach to homelessness along with the City of Spokane and Spokane County. That effort has been led by a volunteer group consisting of Gavin Cooley, former City of Spokane Chief Financial Officer; Rick Romero, former City of Spokane Director of Strategic Planning; and Theresa Sanders, former City of Spokane City Administrator. As part of the joint statement, the volunteer group and entities identified a 90-day "due diligence" period for elected officials and staff of the local governmental entities to meet regularly and study how such a regional collaborative approach might be organized and how it could work. This period was also intended to allow the volunteer group to meet with the business community and stakeholders who provide services and otherwise participate in the continuum of homeless services. Mayor Haley, Councilmember Hattenburg, Deputy City Manager Lamb, and City Engineer Mantz have been participating in bi-weekly regional homeless meetings. With the process now approximately 2/3 complete, staff have asked Mr. Cooley, Mr. Romero, and Ms. Sanders to provide an update of the process, including what has occurred and what is anticipated at the end of the 90-day period. Notably, the discussion of the creation of the regional entity coincides with the development of the Spokane Valley Homeless Action Plan (SVHAP). Participation in the 90-day "due diligence" process and any further discussions regarding creation of a regional entity has not precluded ongoing development of the City's plan. The development of the City's plan along with the outcomes and goals for addressing homelessness will aid the City in consideration of the City's role in a possible regional approach. Further, our understanding is that even if a regional entity were formed, it would not preclude the City from providing certain services or addressing specific needs identified in the SVHAP. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Discussion. BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Erik Lamb, Deputy City Manager ATTACHMENTS: Joint Statement ......... SPOIK,ANE S1okh1 ane Spokane a �,1 ) Valley x Spokane County r .... ... ... TM JOINT STATEMENT March 3, 2023 Collaborating for our Community Spokane regional elected leadership announces a 90-day due diligence period to evaluate options for a regional and collaborative model to improve our collective efforts to address homelessness and its impacts on our community. Our region's greatest strength is our ability to build community vitality through regional partnerships and collaboration, and now is the time to utilize that strength to more effectively and collaboratively address homelessness in our community. The Spokane region has a history of achieving big things when responsibility and successful outcomes are shared. Homelessness affects communities across the country, and Eastern Washington is no exception. One of the biggest challenges communities face in addressing homelessness, is that much of the homeless response system relies on many people and organizations working effectively across jurisdictions and with a regional focus. Together, we can better coordinate our resources invested in housing and human services,to successfully and efficiently address this crisis. As elected leaders,we know this isn't a political issue, it is a people issue, and it affects all of us in the Spokane region. We believe that working beyond political and jurisdictional boundaries may give us the best chance to build and deliver strategic and impactful solutions for our entire community for years to come. About our Collaborative Effort Developing an integrated strategy with shared responsibility is best achieved when all local elected officials work collaboratively. One initiative we will be assessing, modeled after successful campaigns in Houston and Atlanta, is an effort to establish an independent authority tasked with making strategic, coordinated decisions and investments,to achieve the best outcomes. The Spokane region is ready to work to establish our own model,one that best fits our community's needs and desires. We recognize that our many providers and other professionals throughout the homeless response system have worked diligently for many years, but often without the regional planning and support they've needed to achieve greater success. Such a collaborative effort could more effectively address these needs by properly aligning the region around strategies,funding, and many other resources, including the areas of health and services, housing, and public safety. Three community leaders,Gavin Cooley, Rick Romero, and Theresa Sanders have volunteered to help organize and guide this effort. Each has a variety of business and public sector experience, and together have worked on numerous successful regional collaborations. The Next 90 Days The first step towards developing a regional collaborative authority, is a 90-day due diligence period. During this time, community leaders and many stakeholder groups will work together as quickly as possible to identify how a regional and collaborative system could be created—a system that could be built on shared vision, finances, data, and other resources to optimize the address of homelessness and its impacts on our community. The due diligence period will focus on: 1. Reviewing potential legal structures for a regional effort, including pro/con evaluations,e.g. Public Development Authority (PDA), nonprofit, and others 2. Review and discussion of initial funding,costs and other financial information in support of a regional effort 3. Review and discussion of data collection and use in support of a regional effort 4. Reviewing potential governance models and best practices, including roles of jurisdictions, elected leaders and community stakeholders in coordination and support of a regional effort 5. Review and discussion of initial staffing in support of a regional effort 6. Review and discussion of how the success of a regional effort can be regularly quantified and evaluated Gathering comprehensive regional stakeholder input will be key to our success. Many different stakeholder groups, providers throughout the homeless response system, people with lived experience, our local Continuum of Care Board, local, state, and federal government agencies their staff and advisory boards, as well as businesses, and residents,will be encouraged to actively participate in this process. Throughout the due diligence period,there will be many avenues for community members to share their input and perspectives with elected and other leaders, including public forums and a website. Following the due diligence period, legislative bodies will evaluate the information developed and the likelihood of success for a regional collaborative authority model, and give consideration as to whether and to what degree to participate in the regional authority or other envisioned regional homelessness efforts. Together we can build a bright future for the Spokane region. Signed, JOINT STATEMENT March 3,2023 Collaborating for our Community Spokane County ,//// Mary uney Josh Kerns Al French Commission Commission Commissioner Chair Vice Chair alai/ dZLLQe�%� Cjew>ger.teioA___ Amber Waldref Chris Jordan Commissioner Commissioner City of Spokane „gam. dine Woodward Br'e an Beggs Jo 1,111 _ Mayor Council President Councilmember Michael Cathcart Be i ers n Lori Kinnear Councilmember Councilmember Councilmember ack Z pone Karen Stratton Courmember Councilmember City of Spokane Valley Pam Haley Mayor On Behalf of the City Council DRAFT ADVANCE AGENDA as of May 11,2023; 11:30 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 May 23,2023 Formal Meeting,6:00 p.m. [due Tue May 16] 1. PUBLIC HEARING: 2023 Budget Amendment—Chelsie Taylor (10 minutes) 2.First Reading Ordinance 23-011 Amending 2023 Budget—Chelsie Taylor (5 minutes) 3. Consent Agenda(claims,payroll,minutes) (5 minutes) 4. Second Reading Ordinance 23-010, Chronic Nuisance—Erik Lamb (10 minutes) 5.First Reading Ordinance 23-012 Drug Possession and Use—Tony Beattie (10 minutes) 6.Motion Consideration: 8tn Ave Sidewalk&Preservation Bid Award—Erica Amsden (10 minutes) 7.Motion Consideration:Broadway Preservation PH 1 Bid Award—Rob Lochmiller (10 minutes) 8.Admin Report: Comp Plan Amendment 23-01,City Initiated Map Amendment—Levi Basinger (5 minutes) 9.Admin Report: STV 23-01,Oaks Academy Street Vacation—Levi Basinger (5 minutes) 10.Admin Report: CDBG Interlocal Update—Mike Basinger (15 minutes) 11.Admin Report: Six-Year TIP—Adam Jackson (15 minutes) 12.Admin Report:Aquatics Update—Kendall May (10 minutes) 13.Admin Report:Advance Agenda—Mayor Haley (5 minutes) 14.Info Only:Department Monthly Reports [*estimated meeting: 115 mins] May 30,2023 Study Session,6:00 p.m. [due Tue May 23] ACTION ITEMS: 1. Second Reading Ordinance 23-011 Amending 2023 Budget—Chelsie Taylor (5 minutes) 2. Second Reading Ordinance 23-012 Drug Possession and Use—Tony Beattie (10 minutes) 3.First Reading Ordinance 23-013,Comp Plan Amendment 23-01, City map amendment—Levi Basinger (5 min) 4.First Reading Ordinance,23-014 STV 23-01, Oaks Academy Street Vacation—Levi Basinger (5 minutes) 5.Motion Consideration:Broadway&Park Intersection Bid Award—Rob Lochmiller (10 minutes) 6.Motion Consideration: Summerfield E Neighborhood Preservation Bid Award—Rob Lochmiller (10 minutes) NON-ACTION ITEMS: 7. Library Building Update—Patrick Roewe (15 minutes) 8.Parks Maintenance Update—John Bottelli (15 minutes) 9. Legislative Update—Virginia Clough,Briahna Murray (25 minutes) 10.Advance Agenda—Mayor Haley (5 minutes) [*estimated meeting: 105 mins] June 6,2023 Study Session,6:00 p.m. [due Tue May 30] PUBLIC HEARING: CDBG—Mike Basinger (10 minutes) 1.Motion Consideration: CDBG Interlocal—Mike Basinger (10 minutes ACTION ITEMS: 2. Second Reading Ord 23-013,Comp Plan Amendment 23-01City initiated map amendment—L.Basinger (5 mins) 3. Second Reading Ord,23-014 STV 23-01,Oaks Academy Street Vacation—Levi Basinger (5 minutes) 4.Motion Consideration: Pines&Mission Intersection Bid Award—Rob Lochmiller (10 minutes) 5.Motion Consideration:Barker at UPRR Crossing PH 2 Bid Award—Rob Lochmiller (10 minutes) 6.Mayoral Appointment: LTAC Alternate Committee Member Appointments—Mayor Haley (5 minutes) NON-ACTION ITEMS: 7.Aging&Long Term Care of Eastern Washington—Executive Director Lynn Kimball (15 minutes) 8.Advance Agenda—Mayor Haley (5 minutes) [*estimated meeting: 75 mins] June 13,2023,Special Meeting:2024 Budget Workshop 8:30 a.m. to-2:30 p.m. [due Tue June 6] CenterPlace Regional Event Center,Room 109 June 13,2023,Formal Meeting,6:00 p.m. meeting cancelled Draft Advance Agenda 5/11/2023 11:59:20 AM Page 1 of 2 AWC Conf Spokane June 20-23 June 20,2023 Study Session,6:00 p.m. [due Tue June 13] ACTION ITEMS: 1. Public Hearing: Six-Year TIP—Adam Jackson (10 minutes) 2.Resolution 23- Adopting Six-Year TIP—Adam Jackson (5 minutes) NON-ACTION ITEMS: 3.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,Formal Meeting,6:00 p.m. [due Wed July 51 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Admin Report:Advance Agenda—Mayor Haley (5 minutes) July 18,2023 Study Session,6:00 p.m. [due Tue July 10] 1. Council Goals&Priorities for LTAC—Chelsie Taylor (15 minutes) 2.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 Study Session,6:00 p.m. (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.Motion Consideration: Council Goals&Priorities for Use of Lodging Tax—Chelsie Taylor (10 minutes) August 15,2023 Study Session,6:00 p.m. [due Tue Aug 8] 1. Council Goals&Priorities for LTAC—Chelsie Taylor (15 minutes) 2.Advance Agenda—Mayor Haley (5 minutes) August 22,2023 Formal Meeting,6:00 p.m. [due Tue Aug 15] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Admin Report:Advance Agenda—Mayor Haley (5 minutes) 3. Info Only: Department Monthly Reports *time for public or council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: ADU Pavement Mgmt.Funding Vehicle Wgt Infrastructure Impact Appleway Trail Amenities PFD Presentation Yellowstone Franchise Agreement Basement space Prosecutor Services Governance Manual Protection of Utility Infrastructures Hearing Examiner Interlocal SCRAPS HHAA Update SNAP Financial Assistance Mirabeau Park Forestry Mgmt. St.O&M Pavement Preservation Park Lighting Street Scaping,signs,trees,etc.-info Parking,Junk Vehicles,etc. Transportation Benefit District Draft Advance Agenda 5/11/2023 11:59:20 AM Page 2 of 2