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2024, 04-16 Study Session AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Tuesday, April 16, 2024 6:00 p.m. Remotely via ZOOM Meeting and In Person at Spokane Valley City Hall, Council Chambers 10210 E. Sprague Ave. Spokane Valley, WA 99206 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 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 PROCLAMATION: GENERAL PUBLIC COMMENT OPPORTUNITY: This is an opportunity for the public to speak on any subject except agenda action items, as public comments will be taken on those items where indicated. Please keep comments to matters within the jurisdiction of the City Government. This is not an opportunity for questions or discussion. Diverse points of view are welcome but please keep remarks civil. Remarks will be limited to three minutes per person. If a person engages in disruptive behavior or makes individual personal attacks regarding matters unre comment time before the three-minute mark. 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 Read: Ordinance 24-006: Yellowstone Franchise Tony Beattie \[public comment opportunity\] 2. Motion Consideration: Pines GSP/Yellowstone Contract Erica Amsden \[public comment opportunity\] 3. Motion: Resolution 24-006: Governance Manual Update Mayor/Councilmember \[public comment opportunity\] NON-ACTION ITEMS: 4. Admin Report: Clean Building Requirements & Potential Grant Opportunity Gloria Mantz 5. Admin Report: Comp. Plan Amendments Levi Basinger 6. Advance Agenda Mayor Haley COUNCIL COMMENTS CITY MANAGER COMMENTS ADJOURN Council Agenda April 16, 2024 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 16, 2024 Department Director Approval: Check all that apply: consent old business new business public hearing informationadmin. reportpending legislationexecutive session AGENDA ITEM TITLE: First Reading – Draft Ordinance 24-006 Amending Yellowstone Pipe Line Company Franchise GOVERNING LEGISLATION: RCW 35.47.040; RCW 35A.11.020. PREVIOUS COUNCIL ACTION TAKEN: November 23, 2021 - Approval of Ordinance 21-022 granting City-wide franchise to Yellowstone Pipe Line Company; Administrative Report for Draft Ordinance 24-006 on April 2, 2024. BACKGROUND: The City Council approved Ordinance 21-022 on November 23, 2021, which granted a 25 year franchise to Yellowstone Pipe Line Company (Yellowstone) to construct, maintain, and operate its petroleum products pipeline in the City’s rights-of-way. It is important to note that it only granted authority relative to rights-of-way controlled by the City, but not other public property owned by the City. On April 2, 2024, City Council received an administrative report regarding the ordinance and the need to amend the franchise. The City has been working to finalize the design for the Pines Road Grade Separation Project (Pines GSP) over the past year. In doing so, it became clear that the location of the underpasses will materially interfere with the current location of Yellowstone’s facilities, which were placed in the BNSF corridor in 1952 pursuant to an easement granted to Yellowstone. As part of the Pines GSP planning, the City purchased parcel number 45033.5010, which will be the location of the southerly starting point for the relocated Pines Road. Yellowstone evaluated design alternatives for their relocation and found extending the pipeline to the south on the city owned parcel was less costly than remaining in their existing alignment. Pursuant to the design, Yellowstone’s pipeline will be redirected south from their existing facility, cross under the proposed Pines Road alignment just north of Pinecroft Way, then turn north and reconnect with the original pipeline location. The City needs to amend Ordinance 21-022 to include this specific parcel in the franchise granted to Yellowstone in order to accommodate their relocation efforts in conjunction with the Pines GSP. There are terms in the franchise that are very important for protecting the life, health, and safety of our citizens and businesses, including hazardous materials handling requirements, safety plan requirements, and very high insurance coverage requirements in the unlikely event of a spill or explosion. If approved, this amendment would be subject to all of the terms of Ordinance 21-022 that are not specifically amended by this ordinance. This includes requirements for Yellowstone to include this ordinance in its insurance certificates naming the City as an additional insured and adding this ordinance to the schedule listed in its guarantees. Because this franchise is a necessary step in Yellowstone’s efforts to relocate their facilities to accommodate the City’s Pines GSP project, staff have recommended that City Council consider waiving the rules and adopting the ordinance on a first reading, thus removing one additional week from the required statutory timeline. OPTIONS: (1) Move to advance Ordinance 24-006 amending the Yellowstone Pipe Line Company franchise to a second reading; (2) Move to waive the rules and approve Ordinance 24-006 amending the Yellowstone Pipe Line Company franchise; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: Move to waive the rules and approve Ordinance 24-006 amending the Yellowstone Pipe Line Company franchise. BUDGET/FINANCIAL IMPACTS: None anticipated specific to this franchise. However, the agreement with Yellowstone for reimbursement for its relocation efforts will contain costs associated with the Pines GSP capital improvement project, and is being brought forward separately. STAFF CONTACT: Tony Beattie, Senior Deputy City Attorney ___________________________________________________________________________ ATTACHMENTS: (1) Draft Ordinance 24-006 Amending Yellowstone Pipeline Company Franchise (2) Ordinance 21-022 – Yellowstone Pipe Line Company Franchise (3) Map of Franchise Area DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 24-006 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING, MODIFYING, AND SUPPLEMENTING THE PROVISIONS OF ORDINANCE 21-022, RELATING TO GRANTING A NON-EXCLUSIVE FRANCHISE TO THE YELLOWSTONE PIPE LINE COMPANY TO CONSTRUCT, OPERATE, MAINTAIN, REMOVE, REPLACE, AND REPAIR EXISTING PIPELINE FACILITIES FOR THE TRANSPORTATION OF PETROLEUM PRODUCTS AND BYPRODUCTS WITHIN AND THROUGH THE CITY OF SPOKANE VALLEY, AND OTHER MATTERS RELATING THERETO. WHEREAS, Yellowstone Pipe Line Company (hereinafter ) owns and operates certain facilities related to a petroleum pipeline within and through the City of Spokane Valley (hereinafter -022 in 2021; and WHEREAS, Ordinance 21-022 governs Yellowstonerights-of-way, but not other City-owned property; and WHEREAS, Yellowstone currently has facilities in the Burlington Northern Santa Fe (BNSF) rail corridor in the vicinity of Pines Road, running generally in a linear fashion from east to west; and WHEREAS, the City is currently in the design stage for the construction of a grade separation project that will result in Pines Road being relocated to the east of its current configuration, and which will require reconstruction of Pines Road under the BNSF rail lines; and the construction and operation of relocated Pines Road; and WHEREAS, the City purchased a parcel of land, 45033.5010 in 2017 for the purpose of relocating Pines Road east of its current configuration; and WHEREAS, because the existing franchise granted through Ordinance 21-022 only relates to the facilities in rights-of-way as they existed on the date the franchise became effective, the Parties desire to amend Ordinance 21-022 to include the planned relocated portion of Yellowstone facilities in the future right-of-way on parcel 45033.5010; and WHEREAS, franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels, for water, sewer and other private and publicly owned and operated facilities for public service; and of its introduction nor for five days thereafter, nor at any other than a regular meeting nor without first being submitted to the city attorney, nor without having been granted by the approving vote of at least a majority Yellowstone Pipe Line Franchise Ordinance 24-006 Page 1 of 5 DRAFT of the entire legislative body, nor without being published at least once in a newspaper of general circulation in the city before becoming effective; WHEREAS, the City of Spokane Valley previously adopted Ordinance 21-022 on November 23, 2021 granting a non-exclusive franchise to the Yellowstone Pipe Line Company; and Spokane Valley with notice of intent to relocate the Yellowstone facilities within the franchise area to Spokane County tax parcel # 45033.5010 to accommodate the aforementioned realignment of Pines Road; and WHEREAS, this Ordinance 24-006, amending Ordinance 21-022, has been submitted to the City Attorney for review prior to its passage; and WHEREAS, the Council finds that this Ordinance 24-006, an amendment to the grant of the franchise to Yellowstone contained in Ordinance 21-022 is in the best interests of the public, and protects the health, safety, and welfare of the citizens of this City. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Purpose. The purpose of this Ordinance is to amend the Franchise granted to Yellowstone in Ordinance 21-022 by expanding the original Grant of Franchise to accommodate the relocation of facilities from the BNSF rail corridor to the City-owned Spokane County parcel number 45033.5010, which is the subject of a capital improvement project involving the grade separation of Pines Road. Nothing herein shall be construed as an authorization or a permit for the actual construction or -owned parcel 45033.5010. Yellowstone is still responsible to obtain all permits, authorizations and agreements for all work as required by Ordinance 21-022, and will number 0223. Section 2. Amendment. ance 21-022 is hereby amended as follows: franchise area shall mean the area within the jurisdictional boundaries of the City where Yellowstone currently has facilities in the pipeline corridor, including any areas annexed by City during the term of this franchise, in which case the annexed area shall become subject to the terms of this franchise. Franchise area shall also mean the areas on the City-owned Spokane County parcel number 45033.5010 depicted and described in Exhibit 2. Section 3. Amendment. Section 2 of Ordinance 21-022, is hereby amended to include the following new section. 2.1.1 In addition to the Grant of Franchise pursuant to section 2.1, the City hereby grants to Yellowstone, a corporation organized and existing under and by virtue of the laws of the State of Delaware, and which is authorized to transact business within the State of Washington, its successors and assigns (as provided in Section 4), the right, privilege, authority and franchise to relocate its existing facilities to, operate and maintain said facilities necessary for the transportation, distribution and handling of any petroleum product or byproduct thereof, liquids and gases, in the locations of Spokane County parcel number 45033.5010 as specifically depicted and described in Exhibit 2 Road grade separation project, CIP number 0223. Yellowstone Pipe Line Franchise Ordinance 24-006 Page 2 of 5 DRAFT Section 4. New Exhibit. Ordinance 21-022 is hereby amended to include the attached and herein incorporated Exhibit 2. Section 5. Amendment. Section 2.8 of Ordinance 21-022 is hereby amended as follows: 2.8 The parties acknowledge that Yellowstone has facilities on private property and Interstate 90 (I-90) within the City limits, in addition to those on publicly-owned rights-of-way and eventually parcel number 45033.5010 that are subject to this franchise, and that the terms of this franchise do not apply to those facilities located on private property or within the I-90 corridor. A route map of Yellowstone including whether located on private or public property, is attached as Exhibit 1. Provided however, that the terms of this franchise specifically apply to the relocation activities from the BNSF rail corridor and other property to city-owned parcel number 45033.5010 to the extent necessary to Pines Road/BNSF Grade Separation Project, CIP number 0223, and the relocation depicted in Exhibit 2. Section 6. Stipulation. The City and Yellowstone recognize and agree that all terms of Ordinance 21-022 not specifically amended pursuant to Ordinance 24-006 shall apply equally and in the exact same manner to Ordinance 24-006. Further, the City and Yellowstone specifically recognize and agree that Section 15 of Ordinance 21-022 shall also apply to this amendment, Ordinance 24-006, in its entirety, including as it relates to to city- Project, CIP number 0223, in lieu of Yellowstone having to obtain duplicative coverage for this parcel- specific expansion of the franchise. Yellowstone shall provide the City properly executed amendments to the certificates of insurance, guarantees and self-insurance provisions adding Ordinance 24-006 to the list of Agreements to which such insurance, guarantees, and self-insurance provisions apply. This provision was specifically requested by Yellowstone, and any inconsistencies, errors, or interpretations shall be construed against Yellowstone and not the City. Section 7. Other Sections Unchanged. All other provisions of Ordinance 21-022 not specifically amended herein shall remain in full force and effect. Section 8. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. In the event that any of the provisions of the franchise are held to be invalid by a court of competent jurisdiction, the City reserves the right to reconsider the grant of the franchise and may amend, repeal, add, replace or modify any other provision of the franchise, or may terminate the franchise. Specifically, should a court of competent jurisdiction determine that the franchise granted in section 3 of Ordinance 24-006 is invalid or unconstitutional, the parties agree that the terms of Ordinance 21-022 and as amended, modified, and supplemented by Ordinance 24-006, shall continue in full force and effect as to parcel number 45033.5010 as a license granted from the City to Yellowstone for the purposes described herein. Section 9. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of the Ordinance or a summary thereof occurs in the official newspaper of the City of Spokane Valley as provided by law. PASSED by the City Council this day of , 2024. Pam Haley, Mayor Yellowstone Pipe Line Franchise Ordinance 24-006 Page 3 of 5 DRAFT ATTEST: Marci Patterson, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Yellowstone Pipe Line Franchise Ordinance 24-006 Page 4 of 5 DRAFT UNCONDITIONAL ACCEPTANCE BY YELLOWSTONE: I, the undersigned official of Yellowstone Pipe Line Company, am authorized to bind Yellowstone Pipe Line Company and to unconditionally accept the terms and conditions of the foregoing franchise, which are hereby accepted by Yellowstone Pipe Line Company this day of , 2024. Yellowstone Pipe Line Company By: Name: Title: IN WITNESS WHEREOF, has signed this day of , 2024. Subscribed and sworn before me this day of , 2024. Notary Public in and for the State of residing in My commission expires Yellowstone Pipe Line Franchise Ordinance 24-006 Page 5 of 5 FYIJCJU!3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 16, 2024 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- Pines Road/BNSF Grade Separation Project– Phillips 66/Yellowstone Pipeline Relocation Agreement GOVERNING LEGISLATION: RCW 35.77.010, Perpetual Advanced Six-Year plans for coordinated transportation program expenditures. PREVIOUS COUNCIL ACTION TAKEN: May 7, 2013: Administrative report, Bridging the Valley, June 23, 2015: Council passed Resolution No. 15-005 adopting the 2016-2021 Six Year Transportation Improvement Program (TIP), which included the project January 10, 2017: Motion consideration to acquire Pinecroft property February 28, 2017: Council passed Resolution 17-006, amending the 2017 TIP which included the project March 28, 2017: Administrative report seeking Council consensus to move forward with project design May 23, 2017: Resolution No. 17-011 adopting the 2018-2023 Six-Year TIP, which included the project July 11, 2017: Motion consideration to select a Consultant for Phase 1 Design October 17, 2017: Admin Report on Design Alternatives March 27, 2018: Motion consideration to apply for Spokane Regional Transportation Council’s (SRTC) federal grants, including the project May 22, 2018: Motion consideration to apply for Consolidated Rail Infrastructure and Safety Improvements Program, FY2017, (CRISI #1) grant for the project June 5, 2018: Motion consideration to apply for Better Utilizing Investments to Leverage Development (BUILD) grant August 21, 2018: Motion consideration to apply for Consolidated Rail Infrastructure and Safety Improvements Program, FY2018, (CRISI #2) grant December 4, 2018: Admin Report on Design Alternatives June 4, 2019: Admin Report on Design Alternatives June 4, 2019: Motion consideration to apply for BUILD grant June 18, 2019: Motion consideration to advance Alternative 2 to Phase 2 design April 14, 2020: Motion consideration to apply for BUILD grant May 5, 2020: Motion consideration to authorize city manager to execute design agreement with HDR July 7, 2020: Motion consideration to authorize city manager to acquire the DeWitt Living Trust property July 7, 2020: Motion consideration to authorize city manager to acquire the DeRuwe property April 12, 2022: Motion consideration to authorize city manager to accept Avista Property Donation July 18, 2023: Admin Report for Project Update August 22, 2023: Motion consideration for Final Action Ordinance for Condemnation February 6, 2024: Admin Report for Project Update February 20, 2024: Admin Report for CIP 2024 Construction Projects BACKGROUND: Since 2017, the City has been working on the Pines Road/BNSF Railroad Grade Separation Project. The project will grade separate the BNSF tracks from Pines Road (State Route 27) by constructing an underpass, realign Pines Road to the east, replace the signalized intersection of Pines Road and Trent Avenue (State Route 290) with a double lane roundabout, and construct a new trailhead for the Centennial Trail. Design is nearing completion. The project has secured full funding from several different funding sources and agencies including the following: Consolidated Rail Infrastructure & Safety Improvements (CRISI) $ 1,246,500 Surface Transportation Program (STP) $ 3,795,000 Congressional Discretionary Spending (CDS) $ 5,000,000 Congestion Mitigation Air Quality (CMAQ) $ 4,879,000 Surface Transportation Block Grant (STBG) $ 1,525,600 Rebuilding American Infrastructure w/ Sustainability & Equity (RAISE) $ 21,689,221 Move Ahead Washington State Funding $ 5,000,000 The funding sources have different requirements and processes. The City received the award letter for RAISE agreement in October 2022 and is still working through the approval process. FRA granted pre-obligation authority in January 2024, for $8,164,668, which allows the City to pay for the railroad bridge construction by BNSF forces and a portion of the necessary utility relocations prior to execution of the full RAISE agreement. Staff is actively coordinating utility relocations required for the project with several purveyors including Phillips 66/Yellowstone Pipeline (P66/YPL), Avista Utilities, Irvin Water District, Lumen Technology, Cogent Communications, AT&T, Comcast, Verizon, and Zayo. Several of the utilities including P66/YPL have prior property rights which require that relocations be reimbursed by the project. The city executed a reimbursement contract with P66/YPL for their design efforts related to the relocation of their pipeline in March of 2023. The design is complete and YPL is ready to begin relocating their pipeline. The attached draft agreement allows P66/YPL to move forward with the construction relocation. Exhibit A, the relocation plans and specifications developed by YPL, of the agreement has been omitted from the council packet due to the size. OPTIONS: 1) Move to allow the City Manager to finalize and execute the Phillips 66/Yellowstone Pipeline construction reimbursement agreement, or 2) take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to allow the City Manager to finalize and execute the Phillips 66/Yellowstone Pipeline construction reimbursement agreement in the amount of $1,331,304. BUDGET/FINANCIAL IMPACTS: The project is fully funded with a combination of local, state and federal funds. The Utility Construction Agreement with P66/YPL will be funded from the project funds. The FRA has granted the City pre-obligation authority to spend $8,164,668 for project work, including the utility relocation necessary of P66/YPL. The pre-obligation authority is comprised of $6,531,734 in RAISE grant funds and $1,632,934 in required local match. STAFF CONTACT: Erica Amsden, PE – CIP Engineering Manager ___________________________________________________________________________ ATTACHMENTS: Reimbursement Agreement Exhibit – Conceptual Location Utility Name & Address Utility Construction Agreement Phillips 66 Pipeline LLC Work by Utility LOCAL AGENCY Cost Attn: Manager, Joint Ventures 2331 CityWest Blvd. Houston, TX 77042 Agreement Number Project Title/Location 24-079 Pines Rd/BNSF Grade Separation Project Route Cross Streets SR 27 From SR 270 to Pinecroft Way Estimated Agreement Amount $ 1,331,304.00 This Utility Construction Agreement is made and entered into between the City of Spokane Valley (LOCAL AGENCY) and Yellowstone Pipe Line Company Utility; hereinafter referred to Recitals 1. The LOCAL AGENCY is planning the construction or improvement of the Pines Rd/BNSF Grade Separation Project, and in connection therewith, it is necessary to remove and/or relocate and/or construct certain facilities owned by Utility (hereinafter Work) as identified in Exhibit A. 2. The LOCAL AGENCY is responsible for the cost of the Work affecting the Utility facilities located within the Project area pursuant to a documented ownership of and/or interest in real property, such as an easement, fee title, or court finding of prescriptive right, which is impacted by the LOCAL AGENCY project. 3. The Work shall include all materials, equipment, labor, contract administration (including overhead) and any other cost or effort required to perform the relocation, construction, . 4. It is deemed to be in the best public interest for the Utility to perform the Work, which includes relocation and construction of its own facilities for the transmission of liquid petroleum. Now, therefore, pursuant to and in consideration of the terms, conditions, covenants, and performances contained herein, as well as the attached Exhibits A through E which are incorporated and made a part hereof, The Parties mutually agree to the following: 1. Construction, Inspection, and Acceptance 1.1 Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects, dated 01/2003, is adopted and made a part of this Agreement as if fully contained herein. 1.2 Betterment: A betterment is any improvement to the Utility code, regulation, standard industry practice, or any other applicable regulation. If any of Page 1 of 9 the Work constitutes a betterment as defined in the Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects, the Utility is solely responsible for the costs of the portion and proportion of the Work that constitutes a betterment. 1.3 Accrued Depreciation: Accrued depreciation may be applied to any of the Utility facilities, such as a building, pump station, power plant, etc. Accrued depreciation shall not apply to the Utility conduit, etc. If any Utility facility does qualify for an adjustment due to accrued depreciation as defined in Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects, the costs are calculated according to the formula in the Program Guide and the result is shown as a Utility cost in Exhibit B Cost Estimate. 1.4 The Utility shall furnish the labor, materials, equipment, and tools required for and perform the Work per the plans and specifications in Exhibit A, including but not limited to scheduling, construction, 1.5 If the Utility is not adequately staffed or equipped to perform all the Work required herein, the Utility may have all or part of this Work done by a contract let by the Utility, as follows: 1.5.1 Before contracting out any Work, the Utility shall obtain written authorization from the LOCAL AGENCY, and the LOCAL AGENCY may require the Utility to advertise and solicit bids for the contract Work. 1.5.2 If the LOCAL AGENCY requires the Work to be advertised and bid, the Utility shall provide a copy of all bid documents to the LOCAL AGENCY twenty-one (21) calendar days prior to the advertisement date, or as specified in Exhibit A, for the LOCAL AGENCY comment. 1.5.3 The Utility shall notify the LOCAL AGENCY at least three (3) working days in advance of the location and time of the bid opening so that the LOCAL AGENCY representative may attend the bid opening. 1.5.4 The Utility shall supply a copy of the three lowest bids with itemized bid amounts to the LOCAL AGENCY within seven (7) calendar days of bid opening. 1.5.5 If the Utility elects to use other than the lowest bid contractor, the Utility shall provide written justification to the LOCAL AGENCY for the use of that contractor and bid price. The LOCAL AGENCY shall review the Utility and if the LOCAL AGENCY does not agree therewith and the Utility awards the bid to other than the lowest bid contractor, the Utility shall be responsible for the cost difference between the amount of the lowest bid and the amount of the awarded contract. 1.5.6. This Section shall not apply to contract employees performing work for the Utility in the ordinary course of its business. 1.6 If the Utility desires to have the Work performed under an existing contract, the LOCAL AGENCY may require the Utility to provide the LOCAL AGENCY with a copy of the contract for the LOCAL AGENCY charges; provided, however, that this provision shall not apply to contract employees performing work for the Utility in the ordinary course of its business. Page 2 of 9 1.7 The Parties agree that nothing in the LOCAL AGENCY approval of a Utility contractor or bid shall be for the benefit of the Utility; all such approvals, whether written or verbal, shall be solely for the benefit of the LOCAL AGENCY and shall not establish a contractual relationship among the LOCAL AGENCY, the Utility, and the Us contractor. 1.8 All of the Utility Work under this Agreement shall be subject to the LOCAL AGENCY inspection for the sole benefit of the LOCAL AGENCY and/or the LOCAL AGENCY project. The Utility shall promptly notify the LOCAL AGENCY in writing when the Work is completed. The LOCAL AGENCY shall inspect the Work for compliance with the Exhibits attached to this Agreement. The LOCAL AGENCY will notify the Utility in writing of any non-compliance that would impact the LOCAL AGENCY payment, state highway and/or the LOCAL AGENCY project. The Utility agrees to make the necessary changes to satisfy the LOCAL AGENCY requirements or adjust the invoice. The LOCAL AGENCYinspection shall not reduce or modify the UtilityWork. 1.9 Upon completion of the Work, the Utility agrees that it shall be solely responsible for all future ownership, operation and maintenance costs of its facilities, without the LOCAL AGENCY liability or expense. 2. Authority to Begin Work and Work Schedule 2.1 The Utility agrees not to begin Work until the LOCAL AGENCY has provided written notice, authorizing the Utility to begin Work. The LOCAL AGENCY shall not be obligated to reimburse the Utility for any Work performed before the date of notification. 2.2 The Utility agrees to schedule and perform the Work in such manner as not to delay or interfere with the LOCAL AGENCYthe LOCAL AGENCYtility shall be responsible for any costs resulting from delay of, or interference with, the LOCAL AGENCY's project contractor, to the extent the delay or interference is attributable to the Utility or the Utility. 3. Compliance 3.1 To the extent applicable, the Utility agrees to comply with all applicable requirements of the LOCAL AGENCY in accordance with the Utilities Accommodation Policy, Chapter 468-34 WAC, and amendments thereto, and said policy and amendments are hereby incorporated in and made a part of this Agreement for all intents and purposes as if fully set forth herein. 3.2 The Utility agrees to comply with all applicable Washington state and federal laws and environmental requirements of any jurisdictional agency and is responsible for obtaining any necessary environmental permits required in order to perform the Work. 3.3 The Utility agrees to obtain and comply with any other permits from any jurisdictional agency that are required in order for the Utility to perform the Work. 3.4 In performing under this Agreement, the Utility shall comply with the Rebuilding to the extent applicable to Utility. The pertinent RAISE Grant provisions include, but are not necessarily limited to the items identified in Exhibit C of this Agreement. Page 3 of 9 4.Payment 4.1 The LOCAL AGENCY is responsible for the cost of the Work, excluding all betterment work, for the Utility interest in real property, such as an easement, fee title, or court finding of prescriptive right, which are impacted by the LOCAL AGENCY project, as shown in Exhibit A. Exhibit B contains an itemized cost estimate of the LOCAL AGENCY-responsible costs for the Work to be performed by the Utility. 4.2 The LOCAL AGENCY, in consideration of the faithful performance of the Work to be done by the Utility, agrees to reimburse the Utility for the actual direct and related indirect cost of the Work, excluding all betterment work, for which the LOCAL AGENCY is responsible as defined in Exhibits A and B. The Utility agrees to invoice the LOCAL AGENCY and provide supporting documentation for all charges, and the LOCAL AGENCY agrees to pay the Utility within thirty (30) days of receipt of an invoice. Payments shall not be more frequent than one per month. A partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of final invoice, the Parties will resolve any discrepancies. 4.3 The Utility shall submit a final invoice to the LOCAL AGENCY within one hundred eighty (180) calendar days following completion of the Work. In the event that the final invoice reveals an overpayment to the Utility, the Utility agrees to refund such overpayment to the LOCAL AGENCY within thirty (30) days. 5. Change in Work or Cost Increase 5.1 The LOCAL AGENCY agrees that the amounts shown in Exhibit B may not reflect the actual costs of the Work. Should the Utility determine that any cost itemized in Exhibit B for which the LOCAL AGENCY is responsible might exceed the cost estimate by more than ten (10) percent, the Utility shall immediately notify the LOCAL AGENCY before performing any Work in excess of the sum of said itemized cost estimate plus ten (10) . The LOCAL AGENCY and the Utility will, if necessary, amend Exhibit B to revise the cost estimate before the Utility incurs costs above the Allowed Overage. 5.2 Should it be necessary to modify the Scope of the Work, the Utility agrees to immediately notify the LOCAL AGENCY of all proposed changes, and the LOCAL AGENCY agrees to provide written notice of its acceptance or rejection of the change(s), in writing, within ten (10) working days. 6. Franchise, Permit or Easement 6.1 The Utility shall apply for a permit, franchise, or an amendment to its current franchise for those new or modified Utility facilities that will be located within the LOCAL AGENCYthe LOCAL AGENCY will issue the Utility a permit or a new or amended franchise. 6.2 Upon completion of the Work covered under this Agreement, the Utility agrees to prepare, execute and deliver to the LOCAL AGENCY a quit claim deed for all existing easements, fee title, or court finding of prescriptive right, which are no longer necessary , if any, and which may be vacated as a result of the relocation of Utility facilities. Page 4 of 9 6.3If and in those instances where the Utility must relocate facilities to be within or across -of-way, then the LOCAL AGENCY agrees to grant or issue the Utility a permit or franchise for those Utility facilities which will remain on or which cross the LOCAL AGENCY-of-way and for which the Utility previously had an easement, fee title or court finding of prescriptive right. 7. Right of Entry 7.1 Subject to the Utility obtaining all required permits and meeting any other requirements for Work conducted within the publicly owned right-of-way, the LOCAL AGENCY hereby grants the Utility a right of entry upon all land in which the LOCAL AGENCY has interest for the purpose of performing the Work. Upon completion of the Work, this right of entry shall terminate except as otherwise provided in Section 6. 7.2 The Utility agrees to comply with applicable requirements concerning entry onto state- owned rights of way. 8. General Provisions 8.1 General Indemnification: Each Party shall indemnify and hold harmless the other Party and its agents, employees, and officers against any and all claims, liabilities, demands, suits at law or equity, actions, penalties, losses, damages (both to persons and/or property), or costs, of whatsoever kind or nature , that (1) are brought against the Indemnified Party, and (2) arise out of either the negligent, intentional, reckless, or willful misconduct of the Indemnifying Party, If and to the extent that such Claims are caused by or result from the concurrent negligence of the Parties, or involves those actions covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the intentional or negligent acts or omissions of the Indemnifying Party, and provided further, that nothing herein shall require the Indemnifying Party to hold harmless or defend the Indemnified Party from any Claims arising from the sole negligence of the Indemnified Party. The Parties agree that the Indemnifying Party waives its immunity under Title 51 RCW for purposes of this indemnification provision, and that this waiver was mutually negotiated by the Parties. This indemnification shall survive any termination of this Agreement. 8.2 Environmental Indemnification: Utility shall indemnify, defend, and hold harmless LOCAL AGENCY from and against any and all liability, loss, damage, expense, actions and claims, either at law or in equity, including, but not limited to, costs and reasonable ) which arise al laws applicable to the pipeline subject to this Agreement, or (b) from any release of a hazardous substance on or from said pipeline, or (c) other activity related to this Agreement by Utility, its agents, contractors or subcontractors. This indemnity includes but for hazardous substances; (b) damages to natural resources caused by hazardous substances, including eh reasonable costs of assessing such damages; (c) liability for any investigation, abatement, correction, cleanup, fines, penalties, or other damages arising under any environmental laws; and (e) liability for personal injury, property damage, or economic loss arising under any statutory or common-law theory. Page 5 of 9 8.3Insurance: Utility shall (1) maintain the insurance, guarantees, and self-insurance of Spokane Valley Ordinance 21-022, and all amendments thereto); and (2) provide LOCAL AGENCY with properly executed certificates of insurance, guarantees, and any other necessary documentation establishing that the insurance, guarantees and self- cation responsibilities and performance of the Work identified in this Agreement. 8.4 Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions. A. By executing this Agreement, the Utility certifies to the best of its knowledge and belief that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment, including a civil settlement, rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. B. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. C. Utility shall require all subcontractors submitting bids or proposals to complete any work in connection with this Agreement to provide the following certification with its bid/proposal: (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Page 6 of 9 8.5Disputes: If a dispute occurs between the Utilityand the LOCAL AGENCYat any time during the prosecution of the Work, the Parties agree to negotiate at the management level to resolve any issues. Should such negotiations fail to produce a satisfactory resolution, the Parties agree to enter into mediation before proceeding to any other legal remedy. Each Party shall be responsible for its own fees and costs. The Parties agree to equally share the cost of a mediator. 8.6 Venue: In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties agree that any such action or proceedings shall be brought in the superior court situated in Spokane County, Washington unless filing in another county is required under any provision of the Revised Code of Washington. Further, the Parties agree that each shall 8.7 Termination: 8.7.1 The Utility understands that the LOCAL AGENCY retains the right to terminate this Agreement for convenience upon thirty (30) calendar days written notice to the Utility. In the event that the LOCAL AGENCY exercises this termination right, the LOCAL AGENCY will reimburse the Utility for all allowable costs under this Agreement incurred prior to the date of termination, including the costs of materials procured for use in the project through the date of termination, unless said materials can be deployed to other projects. 8.7.2 In the event funding for the Work is withdrawn, reduced, or limited in any way after the execution date of this Agreement and prior to normal completion, the LOCAL AGENCY may terminate the Agreement upon less than the thirty (30) calendar day notice requirement in section 8.4.1, subject to renegotiation at the LOCAL AGENCY conditions. In the event that the LOCAL AGENCY exercises this termination right, the LOCAL AGENCY will reimburse the Utility for all allowable costs under this Agreement incurred prior to the date of termination, including the costs of materials procured for use in the project through the date of termination, unless said materials can be deployed to other projects. 8.7.3 In the event Utility materially breaches this Agreement, then the LOCAL AGENCY may terminate this Agreement if Utility does not cure the breach within ten (10) days after receiving written notice of the breach. 8.8 Amendments: This Agreement may be amended by the mutual agreement of the Parties. Such amendments or modifications shall not be binding unless put in writing and signed by persons authorized to bind each of the Parties. 8.9 Independent Contractor: Both Parties shall be deemed independent contractors for all purposes, and the employees of each Party and any of its contractors, subcontractors, consultants, and the employees thereof, shall not in any manner be deemed to be the employees of the other Party. 8.10 Audit and Records: During the progress of the Work and for a period of not less than six (6) years from the date of final payment. The Utility shall maintain the records and accounts pertaining to the Work and shall make them available during normal business Page 7 of 9 hours and as often as necessary, for inspection and audit by the LOCAL AGENCY, State of Washington, and/or Federal Government and copies of all records, accounts, documents or other data pertaining to the Work will be furnished upon request. The requesting Party shall pay the cost of copies produced. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until any litigation, claim or audit finding has been resolved even though such litigation, claim or audit continues past the six-year retention period. 8.11 Working Days: Working days for this Agreement are defined as Monday through Friday, excluding Washington State holidays per RCW 1.16.050. 8.12 Exhibits: The following Exhibits are part of this Agreement and fully incorporated as terms of the Agreement: a. Exhibit A. Plans and Specifications b. Exhibit B. Cost Estimate c. Exhibit C. Assurance of Compliance with Applicable Federal Law 8.13 Notices: Whenever notice to Utility or LOCAL AGENCY is called for in this Agreement, said notice shall be delivered to the receiving Party at the physical address identified below, unless different direction was provided in writing: If to LOCAL AGENCY: If to Utility: John Hohman Chris Church City Manager Area Supervisor City of Spokane Valley Yellowstone Pipeline Company 10210 E Sprague Avenue 6317 E Sharp Avenue Spokane Valley, WA 99206 Spokane Valley, WA 99212 509-720-5000 509-536-8413 8.14 Waiver: No officer, employee, agent, or other individual acting on behalf of either Party has the power, right, or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 8.15 Assignment and Delegation: Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. 8.16 Entire Agreement: This Agreement constitutes the entire and complete agreement between the parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties. Page 8 of 9 In Witness Whereof, the Partieshereto have executed this Agreement asof the day and year last written below. Local Agency Utility By: By: Printed: Printed: Title: Title: Date: Date: Page 9 of 9 Exhibit B- Cost Estimate Pines GSP - YPL Cost Estimate Construction Pipe/Material Costs$62,571 Pipe String Fabrication $725,179 Mechanical Pipe Construction$687,179 X Ray $10,000 Construction Oversight $28,000 Environmental Permitting/Disposals $48,500 Tie in Costs $63,801 N2 Purging Contractor $29,181 Pig Tracking$20,620 Vac Truck$10,000 Coating $4,000 P66 Travel $16,000 Subtotal $916,051 Contingency (10%)$91,605 Construction Subtotal $1,007,656 BNSF Permitting cost $98,840 Flagging Estimate $51,160 BNSF Subtotal $150,000 Overall Subtotal$1,157,656 Overhead (15%)$173,648 Total $1,331,304 FYIJCJU CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 16, 2024 Department Director Approval: Check all that apply: consent old business new business public hearing information admin. report pending legislation executive session AGENDA ITEM TITLE: Resolution 24-006 Repealing and Replacing Governance Manual GOVERNING LEGISLATION: Chapter 42.30 RCW; RCW 35A.12.110; City Council Governance Manual PREVIOUS COUNCIL ACTION TAKEN: Resolution 23-014, adopted Dec. 19, 2023. Resolution 23-006, adopted Apr. 18, 2023. Administrative Report on updates to Governance Manual, Dec. 12, 2023. Administrative Report on updates to Governance Manual, Mar. 12, 2024 BACKGROUND: The City Council has the authority to establish its own rules of procedure, policies, and standards of conduct. Such policies and procedures are identified in the City Council Governance Manual, which is periodically updated. The Governance Manual Committee met on Jan. 19, 2024, Jan. 31, 2024, and Mar. 1, 2024. The committee reviewed the current manual and developed proposed additions, deletions, and updates. Staff presented Council with a red-line draft of the manual on Mar. 12, 2024, and Council directed staff to make additional changes and corrections. The subsequent draft document is in the packet; modified/additional language from the Mar. 12 draft is shown in light blue font. A chart outlining the changes follows this page. OPTIONS: (1) Direct staff to make additional edits to the manual, or (2) approve the Resolution with the changes as presented. RECOMMENDED ACTION OR MOTION: Move to approve Resolution 24-006, repealing and replacing the Governance Manual. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Kelly Konkright, City Attorney ATTACHMENTS: Table outlining proposed changes Proposed Amended City of Spokane Valley Governance Manual Proposed Draft Resolution 24-006 costs / ment TOPIC OVERVIEW # - 358 204040538080 AGE 55 P March 2024 Governance Manual Proposed Updates | Priorities – SPOKANE VALLEY :: , , , , 5 CHAPTER/SECTION Introduction Section A Section C Section C Section E ItemItem CITY OF per Consensus by Council on Mar 12, 2024 TOPIC OVERVIEW # 20255883 AGE P April 2024 Governance Manual Proposed Updates | SPOKANE VALLEY CHAPTER/SECTION Sentence 5Sentence 5 CITY OF Governance Manual Resolution 03-028 adopted 05-13-2003, replaced by Resolution 04-013 adopted 05-25-2004, replaced by Resolution 05-021 adopted 09-13-2005, replaced by Resolution 06-022 adopted 11-14-2006, replaced by Resolution 07-020 adopted 12-11-2007, replaced by Resolution 09-012 adopted 09-08-2009, replaced by Resolution 10-020 adopted 12-28-2010, replaced by Resolution 12-002 adopted 04-10-2012, replaced by Resolution 13-005 adopted 04-23-2013, replaced by Resolution 14-003 adopted 02-25-2014, replaced by Resolution 15-007 adopted 08-11-2015, replaced by Resolution 16-012 adopted 11-01-2016, replaced by Resolution 18-008 adopted 11-13-2018, replaced by Resolution 18-011 adopted 12-18-2018, replaced by Resolution 20-010 adopted 07-14-2020, replaced by Resolution 22-021 adopted 11-22-2022, replaced by Resolution 23-006 adopted 04-18-2023, replaced by Resolution 23-014 adopted 12-19-2023 City of Spokane Valley | Governance Manual | Table of Contents | 2024 DRAFT TABLE OF CONTENTS Page INTRODUCTION 3 EXECUTIVE SUMMARY 5 CHAPTER 1: COUNCIL MEETINGS 8 A.General9 B.Meetings9 C.Meeting Rules and Procedures17 CHAPTER 2: LEGISLATIVE PROCESSES AND PROCEDURES 35 36 B.Filling Council Vacancies37 C.Legislative Agendas40 D.Council Travel Allocation40 E.Council Expense Reimbursement Policy40 F.Ballot Measures43 CHAPTER 3: COUNCIL CONTACTS 44 A.Citizen Contacts and Interactions45 46 CHAPTER 4: COMMITTEES, BOARDS AND COMMISSIONS 48 A.Regional Committees, Commissions and Boards49 B.In-house Committees, Boards, etc.50 C.Private Committees, Boards, Commissions53 CHAPTER 5: COUNCIL CONDUCT STANDARD AND ENFORCEMENT 55 A.Purpose56 B.Council Conduct Standards56 C.Compliance Required56 D.Enforcement Procedure56 CHAPTER 6: GENERAL CONSIDERATIONS 63 A.Copies64 B.Out-of-State Travel Policy64 C.Dress Code Policy64 D.Volunteers/Legislative Assistants64 City of Spokane Valley | Governance Manual | Table of Contents | 2024 DRAFT Page APPENDICES 65 A.Public Hearings, Quasi-Judicial66 B.Resolution 07-019 Core Beliefs67 C.Statement of Ethics70 D.Frequently Used Acronyms72 E.Application for City Councilmember73 F.Request to Transfer Travel Allocation from One Councilmember to Another79 80 H.Social Media Policy82 Index85 City of Spokane Valley | Governance Manual | Table of Contents | 2024 DRAFT INTRODUCTION As Councilmembers of the City of Spokane Valley, we agree that the Governance Manual (Manual) outlines the rules by which we agree to adhere in order to successfully and efficiently conduct city business. Councilmembers agree to: Demonstrate principles of fairness and equal treatment of all people. Exhibit professionalism, respect for all people, respect for the responsibilities of elected office, and courteous treatment for each other, city staff and the public. Recognize the requirement for confidentiality for certain city business such as legal, personnel, negotiations, real estate transactions and other sensitive matters. Acknowledge that the City Council acts as a body. Councilmembers may disagree with a decision of the majority, but they recognize that decisions of the majority obligate the Council to a course of action. Councilmembers in the minority on an issue shall have the privilege of expressing their individual views while maintaining respect for the decision and authority of the majority to establish policy. Recognize that while disagreement between members can occur, Councilmembers understand the importance of cooperation and collaboration on issues. of Order, a copy of which is maintained in the City Clerk Office. However, in the event of a conflict between the City of Spokane Valley | Governance Manual | Introduction | 2024 DRAFT This Manual is designed to provide guidance for the City Council and is not intended to be an amendment or substitute for any state statutes, city ordinances, court decisions, or other authority. The rules and policies in this Manual do not constitute land use regulations, official controls, public hearing rules or other substantive rules binding upon or to be used or relied upon by members of the public, and do not amend statutory or other regulatory requirements. City of Spokane Valley | Governance Manual | Introduction | 2024 DRAFT EXECUTIVE SUMMARY FOUNDATION The City of Spokane Valley incorporated March 31, 2003, and is a non-charter code city operating under a Council-Manager plan of government as outlined in chapter 35A.13 RCW Optional Municipal Code for Council-Manager plan of government. Under this form of government, there are two branches of government: legislative and administrative. PURPOSE OF CITY GOVERNMENT The general purpose of local government is to promote the social, economic, environmental and cultural well-being of the community, to ensure that resources are used efficiently and effectively, to ensure transparency and accountability in decision-making, and to provide the prudent use and stewardship of local community resources. These statements should be considered the lens through which this Manual is intended and through which the actions of the City Council and staff are viewed. The City recognizes that individual rights are critically important in our society, and the City is committed to not infringe upon those rights whenever possible. Good governance should reflect the will of the citizenry and can only occur as a result of an inherent in the people, and governments derive their just powers from the consent of the governed, Article I, Section 1) OBLIGATIONS The City acknowledges the importance of complying with the Open Public Meetings Act and the serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on 42.30.010 and 42.56.030. RCW 42.30.010 Open Public Meetings Act: commissions, boards, councils, committees, subcommittees, departments, divisions, offices, and all other public agencies of this state and subdivisions thereof exist to aid in the conduct of the business. It is the intent of this chapter that their actions be taken openly and that their not meet as a quorum of four or more in a non-public meeting. Unless as part of a duly noted Council meeting, a quorum of four or more Councilmembers shall not meet as part of a web conference dealing with city business, nor a conference call, serial City of Spokane Valley | Governance Manual | Executive Summary | 2024 DRAFT Act does not prohibit a quorum or more of Councilmembers meeting at social gatherings or events provided city issues are not discussed. If Councilmembers are involved in a violation of the Open Public Meetings Act, and are aware that their actions violate the Act, they may be personally liable. If the violation is not intentional, the City may still be liable Constitution. RCW 42.56.030 Public Records Act: narrowly construed to promote this public policy and to assure that the public interest will be fully protected. In the event of conflict between the provisions of this chapter and any other act, the PRIORITIES The c pavement preservation, transportation and infrastructure (including grade separations and park related projects) and, economic development, Housing and Homelessness, Communications, and Infrastructure Improvements. Additional BASIC TENETS -019, which is included in its entirety in Appendix B on page 47 of this Manual. BRANCHES OF CITY GOVERNMENT The Council is the legislative branch of the city government. Council appoints an officer whose title city m city manager shall be responsible to the Council for the proper LEGISLATIVE BRANCH CITY COUNCIL The City Council consists of seven elected officials, each elected to four-year terms. Individual Councilmembers do not have governing power as individuals, but only when meeting as a Council when a quorum (four or more) are present. Council represents the city residents and business owners of the City of Spokane Valley, and is the law-making, policy-making, and budget and spending approval authority of the city government. Council hires, directs, guides and evaluates the performance of the city manager. The city manager shall be appointed for an indefinite term and may be removed by a majority vote of the Council (RCW 35A.13.130), or as otherwise agreed to by contract. For functions of the Mayor and Deputy Mayor, see also Chapter 1(A)(3), page 8 of this Manual. Some of the duties, responsibilities, and limitations of each Councilmember: Brings the experience, concerns and knowledge of a typical city resident to city government. Is cognizant of the needs, wants and concerns of city residents and businesses as a whole. City of Spokane Valley | Governance Manual | Executive Summary | 2024 DRAFT Contacts residents and businesses to gather feedback and ideas. The resulting information may be shared with staff or other Councilmembers individually, or with fewer than two simultaneously (but not serially), or with all Councilmembers at a Council meeting. Studies internal and external written and documented information related to the government and administration of the city. Is prohibited from giving city employees directives, or saying anything that could be taken as an attempt to Gives feedback and ideas regarding city government and administration to the city manager. Participates in assigned city and regional committees and all Council meetings. When acting in the capacity of Councilmember outside of Council meetings, communicates that any personal opinion is the opinion of the individual Councilmember and not that of the collective Council, unless pre-authorized to speak, as Council does not want the public to assume that any individual personal opinion represents that of the entire Council. Constitutions. Provided there is no quorum., Councilmembers may work together on City Council-related projects and discuss city business in non-public meetings. No permission is needed, nor is notice required to be given for such gathering. ADMINISTRATIVE BRANCH - CITY MANAGER AND CITY STAFF The city manager is the ccity manager is an at-will position and reports directly to the Council. The city manager is directly administration and management of all city departments, and for the supervision of staff. (See Chapter 3(B), page 39 of this Manual and chapter 35A.13.RCW for a description of the role of the city manager.) Although this summary is provided as an overview of the Governance Manual, reading the entire Manual is strongly encouraged. City of Spokane Valley | Governance Manual | Executive Summary | 2024 DRAFT A. GENERAL 1. Council Meetings - Time and Location Through the end of 2023, regular meetings of the City Council shall be held at CenterPlace Regional Event Center, 2426 N. Discovery Place, Spokane Valley, Washington.The regular meetings of City Council will be held at Spokane Valley City Hall Council Chambers, 10210 E. Sprague Avenue, Spokane Valley, Washington, after notice thereof has been posted on the City’s official website (www.spokanevalleywa.gov) for at least 72 hours. Regardless of location, regular meetings are held on Tuesdays beginning at 6 p.m. Pursuant to RCW 42.30.070: “If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day.” As noted, in such case, the meeting held on the next business day after a holiday would also be a regular meeting, as opposed to a special meeting. The Council always has the option of cancelling such meeting. 2. Council Meetings - Open to the Public All meetings of the City Council and of committees thereof shall be open to the public except as provided for in RCW 42.30.110 (Executive Sessions), or RCW 42.30.140 (Open Public Meetings Act). 3. Presiding Officer The Mayor shall preside at meetings of the Council and be recognized as the head of the City for all ceremonial purposes. The Mayor shall have no regular administrative or executive duties unless specifically set forth herein. In case of the Mayor's absence or temporary disability, the Deputy Mayor shall act as Mayor during the continuance of the absence. In case of the absence or temporary inability of the Mayor and Deputy Mayor, an acting Mayor Pro Tempore selected by majority vote of the remaining members of the Council, shall act as Mayor during the continuance of the absences \[RCW 35A.13.035\]. The Mayor, Deputy Mayor (in the Mayor’s absence) or Mayor Pro Tem are referred to as “Presiding Officer” from time to time in these Rules of Procedure. B. MEETINGS 1. Regular Meetings: Formal Format a. Normally held 2nd and 4th Tuesdays. The city clerk, under the direction of the city manager in consultation with the Mayor, shall arrange a list of proposed matters according to the order of business and prepare an agenda for the Council. On or before close of business on a Friday preceding a Tuesday Council meeting, or at the close of business at least 24 hours preceding a special Council meeting, a copy of the agenda and supporting materials shall be prepared for Councilmembers, the city manager, appropriate staff, and the media who have filed a notification request. b. Requests for presentations from outside entities or individuals to be placed on a future agenda will only be permitted if they are considered the official business of the City. Such requests should be submitted to the city clerk at least 10 days prior to the appropriate Council meeting. The city clerk shall consult with the city manager and the Mayor for a determination of whether the matter is an administrative issue, and whether it should be placed on an upcoming Council agenda. Playing of videos, DVDs, PowerPoints, or other electronic presentations shall be pre-screened and pre- approved by the city manager who shall determine the appropriateness of the material. In the event the presenter has no PowerPoint or other material to submit prior to the meeting, the presenter shall be requested to provide a brief written summary of the topic and items to be discussed. All written City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT materials, including the written summary, must be submitted to the city clerkat least 10 days prior to the appropriate Council meeting. c. Forms of Address. The Mayor shall be addressed as “Mayor (surname).” The Deputy Mayor shall be addressed as “Deputy Mayor (surname).” Members of the Council shall be addressed as “Councilmember (surname)” unless waived by the Presiding Officer. d. Order of Business. The business of all regular formal meetings of the Council shall be transacted as follows, provided however, that the Presiding Officer may, during a Council meeting, rearrange items on the agenda to conduct Council business more expeditiously, without the necessity of a formal action or motion. However, adding or removing items from the agenda once a meeting has been called to order requires Council to make a motion and vote on approving the “amended agenda.” i. Call to Order by the Presiding Officer. ii. Invocation. iii. Pledge of Allegiance. iv. Roll Call. (See Chapter 1, C5b \[page 19\] for procedure to excuse an absence) v. Approval of Agenda/Amended Agenda. In case of an emergency or an extremely time- sensitive issue which neither the administration nor the entire Council was aware of prior to the distribution of the agenda and accompanying materials, a new item may be introduced by a Councilmember, and suggested as an amended agenda item for the present meeting. If a new item(s) is added, Council shall then consider a motion to approve the amended agenda. (“Three-Touch Principle” should be followed whenever possible.) It is preferable that any motion to amend the agenda be made at the onset of the meeting in place of ‘Approval of Agenda,’ recognizing that there will emergencies or other situations when such motion to amend the agenda might need to be made at other times during the meeting. vi. Introduction of Special Guests and Presentations. vii. Councilmember Reports. Council or government-related activities (e.g. synopsis of committee, commission, task force or other board meetings). These verbal reports are to be brief, City work-related reports of significance in keeping the Council informed of pertinent policy issues or events stemming from their representation of the City on a regional board, committee, task force or commission, whether as a formal or informal member. Individual Councilmember reports shall not exceed 3 minutes in duration. Extended reports shall be placed as future agenda items for presentation or submitted in writing as an informational memo. viii. Mayor’s Report. Same as ‘vii’ above except given by the Mayor. ix. Proclamation. The Mayor will announce the proclamation, announce who has requested this proclamation and after the Mayor or Councilmember reads the proclamation, invites that person or other appropriate person to the podium. The original proclamation will be handed to that appropriate person by the City clerk or the Mayor, and the individual will be permitted to speak for one or two minutes. x. Public Hearings. (See page 31 for procedural details) xi. Public Comments. (See page 17 Meeting Rules and Procedures) xii. Consent Agenda. Items which may be placed on the Consent Agenda are those which have been previously discussed by the Council; can be reviewed by a Councilmember City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT without further explanation; are so routine, technical or nonsubstantive in nature that passage without discussion is likely; or are otherwise deemed in the best interest of the City. The proper Council motion on the Consent Agenda is: “I move approval of the Consent Agenda.” This motion has the effect of moving to approve all items on the Consent Agenda. Prior to the vote on the motion to approve the Consent Agenda, the Presiding Officer shall inquire if any Councilmember wishes an item to be withdrawn from the Consent Agenda. If any matter is withdrawn, the Presiding Officer shall place the item at an appropriate place on the agenda for the current or a future meeting, or the matter may be addressed immediately after passage of the remaining items on the Consent Agenda. xiii. Unfinished Business. \[includes matters that were pending when a previous meeting adjourned, or matters specifically postponed to the present meeting\] xiv. New Business. \[Action items are designated as New Business\] Any member of the public who wishes to verbally address the Council on an action item on the current agenda, shall proceed to the podium at the time when comments from the public are invited during the agenda item discussion. The Council may hear such comments before or after initial Council discussion. The Presiding Officer may also invoke a sign-in procedure. If necessary, the Presiding Officer in consultation with the city manager and/or city attorney shall rule on the appropriateness of verbal public comments as the agenda item is reached. The Presiding Officer may change the order of speakers so that comment is heard in the most logical groupings. xv. Administrative Reports (includes the Advance Agenda) or tracking of an administrative issue or topic. xvi. Information Only Items. These items are generally not discussed or reported. xvii. Council Comments. xviii. City Manager Comments. xix. Executive Session. (as required) xx. Adjournment. No Council meeting should be permitted to continue beyond approximately 9 p.m. without the approval of a majority of the Councilmembers present. A new time limit shall be established before taking a Council vote to extend the meeting. When a motion is made to adjourn into Executive Session for a specified period of time, and if the executive session is the last item on a regular agenda, no additional motion is needed to extend the meeting beyond 9 p.m. since that is implied as part of the motion to adjourn into Executive Session. In the event that a meeting has not been closed or continued by Council as herein specified, the items not acted on shall be deferred to the next regular Council meeting, unless the Council by a majority vote of members present determines otherwise. 2. Regular Meetings: Study Session Format a. Normally held 1st, 3rd and 5th Tuesdays. The purpose of the study session format is to allow Councilmembers to be made aware of impending business and allow informal discussion of issues that might be acted on at a future meeting. Action items are normally not included on a study session agenda, although there will be times when due to deadlines or other pressing or time sensitive issues, action items must be included. Study sessions shall be in a less formal setting than regular formal meetings. Council may be seated other than at the dais, but shall not discourage public observation. If an item is designated as an action item, public comment will be permitted on that motion/item unless a public hearing on the item was previously held. There shall be one general public comment at study session for the public to comment on items that relate to the operation of the city. The city clerk, under the direction of the city manager, shall arrange a Council study session City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT agenda for the meeting. A copy of the agenda and accompanying background materials shall be prepared for Councilmembers, the city manager, appropriate staff and the press, on or before close of business on a Friday preceding a Tuesday Council meeting. Councilmembers have the option of accessing their Council packet via the city’s website. Unless notified otherwise, the city clerk shall prepare a hard copy agenda packet for individual Councilmembers. b. Action Items. Although action items may be included on a study session agenda, it is the preference of Council to keep those instances to a minimum. Because a study session is a recognized meeting according to the “Open Public Meetings Act,” it is permissible for Council to take final action during these meetings. As in the formal format meetings, public comment will be allowed on action items. c. Unscheduled Motions. Because study sessions are usually understood by the public and media as referring to meetings at which Council considers and discusses items and does not take final action or vote, it could be misleading to the public as to the purpose of the meeting if a motion is made unexpectedly. As it is Council’s practice to invite public comment after most motions, it would be inappropriate to make a “surprise” motion unless there is a rare special circumstance. Voting or making a motion when neither is included on an agenda does not violate state law, but for consistency sake and to avoid any surprises to the public and media, the practice is discouraged. d. Presiding Officer’s Role. The role of the Presiding Officer is to facilitate free flowing discussion without the necessity of each Councilmember being recognized by the Presiding Officer. The Presiding Officer retains the option of assuming the function of the discussion leader at any time in order to maintain decorum and ensure all Councilmembers have the opportunity to be heard, and to keep the discussion properly focused. e. Outside Request. Outside requests to be included on a Council agenda will only be permitted if they are considered the official business of the City. Such requests should be submitted to the city clerk at least 10 days prior to the appropriate Council meeting. The city clerk shall consult with the city manager and the Mayor for a determination of whether the matter is an administrative issue, and whether it should be placed on an upcoming Council agenda. Playing of videos, DVDs, PowerPoints, or other electronic presentations shall be pre-screened and pre-approved by the city manager or designee, who shall determine the appropriateness of the material. In the event the presenter has no PowerPoint or other material to submit prior to the meeting, the presenter shall be requested to provide a brief written summary of the topic and items to be discussed. All written materials, including the written summary, shall be submitted to the city clerk at least 10 days prior to the appropriate Council meeting. f. Forms of Address. Councilmembers and staff have the option of addressing each other on a first name basis during the study session format meetings. g. Order of Business. The business of all study session meetings of the Council shall be transacted as follows, provided, however, that the Presiding Officer may, during a Council meeting, rearrange items on the agenda to conduct Council business more expeditiously, without the necessity of a formal action or motion. However, adding or removing items from the agenda once a meeting has been called to order requires Council to make a motion and vote on approving the “amended agenda.” City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT i. Call to Order. ii. Roll Call. The city clerk shall conduct a roll call of Councilmembers (See page 19 for procedure to excuse an absence.) iii. Approval of Agenda/Amended Agenda. In case of an emergency or an extremely time- sensitive issue which neither the administration nor the entire Council was aware of prior to the distribution of the agenda and accompanying materials, a new item may be introduced by a Councilmember, and suggested as an amended agenda item for the present meeting. If a new item(s) is added, Council shall then consider a motion to approve the amended agenda. (“Three-Touch Principle” should be followed whenever possible.) It is preferable that a motion to amend the agenda be made at the onset of the meeting in place of ‘Approval of Agenda,’ recognizing that there will emergencies or other situations when such motion to amend the agenda could be made at other times during the meeting. iv. Proclamation. (as needed) v. Public Comments. (See Section C page 17 for Meeting Rules and Procedures) vi. Action items. (as needed) vii. Non-action items. Presenter’s Role: During the Council study session, the presenter should introduce the subject and give background information, identify the discussion goal, act as facilitator to keep the discussion focused toward the goal, and alert the Presiding Officer when it is appropriate, to schedule the topic for a motion or official direction of the Council. viii. Advance Agenda. ix. Information Only Items. These items are generally not discussed or reported. x. Council Comments. The purpose of this item is to allow Councilmembers an opportunity to report on an activity or key issue which either just arose, needs immediate or imminent action, or to simply report on something in connection with their role as a Councilmember, that transpired since the last Council meeting. It is also an opportunity for Councilmembers to bring up topics for clarification or to address other upcoming concerns. Individual Councilmember reports shall not exceed three minutes in length. xi. City Manager Comments: The purpose of this agenda item is to allow the City Manager the opportunity to brief Council on activities or issues which either just arose, needs immediate or imminent action, or to simply inform Council of items that transpired since the last Council meeting, or will occur before the next Council meeting. xii. Executive Session (as needed) xiii. Adjourn. No Council meeting should be permitted to continue beyond approximately 9 p.m. without the approval of a majority of the Councilmembers present. A new time limit shall be established before taking a Council vote to extend the meeting. 3. Executive Sessions a. Executive sessions shall be held pursuant to the Open Public Meetings Act chapter 42.30 RCW. Council may hold an executive session during a regular or special meeting. Before convening in executive session, the Presiding Officer shall ask for a motion from Council to publicly announce the purpose for adjourning into executive session; when the executive session will be concluded; and the likelihood of Council taking action at the close of the executive session and return to open session. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT i. At the close of the executive session and upon Council’s return to the meeting place, the Presiding Officer will declare Council out of executive session, and ask for the appropriate motion (i.e. an action motion or a motion to adjourn). ii. To protect the best interests of the city, Councilmembers shall keep confidential all verbal and written information provided during executive sessions. Confidentiality also includes information provided to Councilmembers outside of executive sessions when the information is considered exempt from disclosure under the Code of Ethics for Municipal Officers (RCW 42.52) and/or the Public Records Act (RCW 42.56). b. RCW 42.30.110 explains the purpose for holding an executive session, some of which include: i. RCW 42.30.110(1)(b). To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price (pending land acquisition). ii. RCW 42.30.110(1)(g). To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. \[The only employee subject to this evaluation is the position of city manager.\] However, subject to RCW 42.30.140(4) (labor negotiations), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public. \[Note: stating that an executive session’s purpose is to discuss a “personnel matter” is not sufficient because only certain types of personnel matters are appropriate for discussion in an executive session.\] (review qualifications of a public employee) iii. RCW 42.30.110(1)(h). To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public (review qualifications of an elected official). iv. RCW 42.30.110(1)(i). To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. For purposes of this subsection (1)(i), “potential/pending litigation” means matters protected by Rules of Professional Conduct (RPC) 1.6 or RCW 5.60.060(2)(a) concerning: (a) Litigation that has been specifically threatened to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party; (b) Litigation that the agency reasonably believes may be commenced by or against the agency, the governing body, or a member acting in an official capacity; or (c) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency. c. Council may adjourn into executive session even if it is not listed on the meeting agenda. There is a requirement in RCW 35A.12.160 that the public be made aware of the preliminary agendas of meetings in advance of the meeting, but that does not mean that an item that arises after the agenda has been posted cannot be discussed at the meeting, even in executive session. Since final action City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT on the matter would not be taken at the executive session, it would not violate any provision in state law to hold an executive session at a regular Council meeting even if the executive session was not listed on the agenda. \[MRSC Index-General Government-Executive sessions.\] Although amending the agenda is not required in order to adjourn into executive session, it is a good practice for the Mayor to announce at the beginning of the meeting, that Council will be adjourning into an executive session at the end of the regular meeting. d. Attendance at Executive Sessions. Attendance shall only be in person. Except in extreme circumstances, there shall be no virtual attendance at an Executive Session. The city attorney or deputy city attorney shall attend executive sessions which address litigation or potential litigation. The question of who may attend an executive session other than the Council, is determined by the city manager. 4. Special Meetings a. A special meeting may be called by the Mayor or any three members of the Council. (RCW 35A.13.170, 35A.12.110). Written notice of the special meeting shall be prepared by the city clerk. The notice shall contain information about the meeting, including date, time, place, and business to be transacted and shall be posted on the city’s website and displayed at the main entrance of the meeting location (RCW 42.30.080). The notice shall be delivered to each member of Council at least 24 hours before the time specified for the proposed meeting (RCW 35A.12.110). The noticing regarding such decision to hold a special meeting (made by the Mayor or any three Councilmembers), shall be handled by the City Clerk’s Office through the city manager. b. The notices provided in this section may be dispensed within the circumstances provided by RCW 42.30.080, that is: (a) As to any member who, at or prior to the time the meeting convenes, files with the city clerk a written waiver of notice; (b) As to any member who was actually present at the meeting at the time it convenes; and (c) In the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage; or as otherwise provided by law. c. Agendas shall be drafted in a form submitted by the city clerk, approved by the city manager, and distributed in a manner similar to agendas for formal and study session meetings. The processes and rules for agenda content apply to regular formal, study session format, as well as special meetings. d. Special meeting agendas may include action and non-action items. It is the practice of Council to allow time for the public to comment on action items and the “public comment” should be so noted on the agenda. Once the Special Meeting Agenda has been published and distributed, the agenda may be amended provided the amended agenda is distributed to Councilmembers and to the media, and posted on the city’s website and at the meeting doorway, at least 24 hours in advance of the special meeting. Final disposition shall not be taken on any other matter at such meeting, which means that the governing body may address other matters not identified in the special meeting notice or agenda, provided ‘final disposition’ regarding such matters is not taken (RCW 42.30.080(3)) Council may not pass a franchise ordinance at a special meeting \[RCW 35A.47.040\]. e. There have been questions about whether it is necessary to call a special meeting in situations where Councilmembers are invited to attend a public meeting not called by the City as an official Council meeting, and whether it is legal for a quorum of Councilmembers to be present without City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT violating the Open Meeting Act. According to the Washington State Attorney General Opinion 2006, No. 6, the “presence of a quorum of members of a City or County Council does not, of itself, cause the Open Public Meetings Act to apply if Councilmembers attend a public meeting called by a third party. The gathering of Councilmembers would be a ‘meeting’ for purposes of the Act only if the Councilmembers take ‘action’ as defined in the Act, such as voting, deliberating, or other official business of the Council.” f.There are times when several Councilmembers desire to attend a meeting of a city department, such as a meeting scheduled by the city engineers to discuss a construction project, or a meeting scheduled through the Finance Department to hear a report from the state auditors, or a meeting scheduled by the Parks and Recreation Department to discuss parks or other city business. Because these meetings can at times present questionable concern when it comes to the Open Public Meeting Act, Councilmembers who desire to attend such meetings shall notify the city staff at least two working days prior to the meeting, of their intent to attend, and only the first three Councilmembers who indicate they will be attending any particular meeting, may attend. This is necessary in order not to violate or perceive to violate the Open Public Meetings Act. g.RCW 42.30.070 states in part: “It shall not be a violation of the requirements of this chapter for a majority of the members of a governing body to travel together or gather for purposes other than a regular or special meeting provided that they take no action as defined in this chapter.” \[MRSC Research News – Summer, 2016\] A quorum of Councilmembers traveling together for a scheduled tour would not be in violation of the Open Public Meetings Act provided they do not discuss city business. However, comments and discussion as a result of the tour, shall be done at a regular Council meeting and not during the tour or outside of a regular or special Council meeting. 5.Emergency Meetings Emergency Council meetings may be called by the Mayor or any two Councilmembers, consistent with the provisions of chapter 42.30 RCW. Meeting time, location and notice requirements do not apply to emergency meetings called for emergency matters as permitted by RCW 42.30.070, 42.30.080, and 42.14.075: “If, by reason of fire, flood, earthquake, or other emergency, there is a need for expedited action by a governing body to meet the emergency, the presiding officer of the governing body may provide for a meeting site other than the regular meeting site and the notice requirement of this chapter shall be suspended during such emergency.” \[RCW 42.30.070\] “The notices provided in this section may be dispensed with in the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage.” \[RCW 42.30.080(4)\] “Whenever, due to a natural disaster, an attack or an attack is imminent, it becomes imprudent, inexpedient or impossible to conduct the affairs of a political subdivision at a regular or usual place or places, the governing body of the political subdivision may meet at any place within or without the territorial limits of the political subdivision on the call of the presiding official or any two members of the governing body. After any emergency relocation, the affairs of political subdivisions shall be lawfully conducted at such emergency temporary location or locations for the duration of the emergency.” \[RCW 42.14.075\] City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT 6. Pre-Agenda/Advance Agenda Meetings The city manager, city clerk, Mayor and Deputy Mayor generally meet at a fixed weekly time to review the Council agenda of the upcoming meeting, which gives all involved an opportunity to ask questions and gather any additional materials or research needed for the impending meeting. This meeting also serves as an opportune time to discuss the Advance Agenda, which is a planning document to aid in scheduling items on future Council agendas. (see also Agenda Committee under Chapter 4 internal committees) 7. Cancellation of Meetings State law does not require any specific procedure for canceling an upcoming meeting, however, notice of the cancellation to the public, Councilmembers, and staff should be given by the clerk in a similar manner that notice is given for a special meeting. The decision to cancel a meeting will be made by the city manager in consultation with the Mayor and/or Agenda Committee and time permitting, will be noted on the Advance Agenda. The noticing of such decision will be handled by the city clerk through the city manager. Upon cancellation of a formal meeting, either the study session immediately before such meeting or the study session immediately after such meeting, shall include an opportunity for general public comment. C. MEETING RULES AND PROCEDURES 1. Public Comments This is an opportunity for public comments regarding issues relating to the operation of the City, but which are not otherwise on the agenda for action. If the Presiding Officer is unclear whether comments relate to the operation of the City, the Presiding Officer shall ask how the comments are pertinent for consideration by the Council as business of the City. Speakers may sign in to speak, but it is not required. Under the general public comment opportunity, each speaker may only make comments once and comments are limited to three minutes unless modified by the Presiding Officer. Members of the public shall be prohibited from allocating any of their own speaking time to other members of the public. This time is an opportunity to hear from various members of the public in a limited public forum on issues relating to city business, and not an opportunity for extended comments or dialogue. Although the City Council desires to allow the opportunity for public comment, the business of the city must proceed in an orderly, timely manner. Council meetings are considered a ‘limited public forum’ which means the time, place and manner of speech can be regulated. At any time the Presiding Officer, in the Presiding Officer's sole discretion, may set such reasonable limits as are necessary to prevent disruption or undue delay of other necessary business. The desired total time for public comments shall not exceed 45 minutes; however, that time limit may change at the Mayor’s discretion. The Council states that it is not the business of the city to have discussion about any past, current, or future possible/probable election or campaign-related issues during Council meetings. The only exception to this prohibition on discussion of election or campaign-related topics would be if the Council requests that Spokane County place a ballot item on for election. (See Chapter 2, F Ballot Measures.) a. Verbal Comments: i. Comments shall only be made from the podium microphone, first giving name, city of residence and subject. No comments shall be made from any other location, and anyone making “out of order” comments shall be subject to removal from the meeting. An exception to this prohibition shall be allowed when public comment is only permitted via remote access due to emergency. The public shall be reminded that this is not an opportunity for dialogue or questions and answers, City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT but public comment. When appropriate, staff shall research issues and report back to those making the comment as well as to Council. Public comments are opportunities for speakers to briefly address the entire Council, and those speaking are to address members of Council and not the audience. Speakers should refrain from personal attacks on individual Councilmembers. In order to prevent disruption of the Council meeting, members of the public are asked to refrain from distributing materials to the audience, since Council meetings are not a public forum to address the audience. Since this is an opportunity for public comment relating to city business, in the interest of time and keeping in mind all documents submitted during Council meetings become the property of the city, graphs, charts, posterboards, PowerPoint presentations, or other display materials are not permitted to be displayed or distributed at the place of the meeting, although written comments and written materials including photographs and petitions may be submitted to Council via the city clerk. ii. Demonstration, applause, or other audience participation before, during or at the conclusion of anyone's public comments is prohibited because it is disruptive. Any disruptive conduct, as determined by the Presiding Officer, shall be cause for removal from the meeting room. Any ruling by the Presiding Officer relative to these subsections on public comments may be overruled by a vote of a majority of Councilmembers present. iii. Council shall not permit public comments if they relate to any matter upon which a quasi- judicial hearing has been required, scheduled, or held. (See page 26 for procedure for taking public comment on legislative matters.) iv. Disruptive public conduct: a. Conduct in any form that interferes with Council’s ability to timely conduct the business of the City will not be allowed. If a situation arises where a speaker exceeds the three minutes (unless permitted to continue by the Presiding Officer), is speaking on matters other than city business, or is otherwise disruptive in a manner that interferes with the ability of the Council to conduct the business of the city, the city clerk, with permission of the Mayor, will turn off the microphone, and the Mayor will ask the speaker to please stop talking and step away from the podium. In the case of remote meetings, the speaker will be muted. b. If the speaker continues after the first request, the Mayor will ask the speaker once again to stop talking and will warn the speaker that failure to stop will result in a suspension of their privilege to speak at public comment for 90 days. If the speaker continues, the Mayor will gavel in a five-minute recess. c. Upon return from recess, public comment will start again with a caution from the Mayor that if any other speaker refuses to stop talking after being asked to do so after the three minutes or is otherwise disruptive, the remainder of the public comment for the night will be terminated. d. If necessary in the discretion of the Presiding Officer, and in an attempt to reasonably calm a situation or resolve a conflict, the city attorney or deputy city attorney shall act as a staff liaison with a member of the public who refuses to stop talking and refuses to move away from the podium. b. Written Comments: Citizens have the option of submitting written views, opinions, comments, data, and arguments to Council on any topic and at any time, not just prior to or during public Council meetings. Unless the Mayor asks the clerk to read written mailed or emailed comments, or the citizen reads their own City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT prepared written comments, such comments shall not be read aloud during regular or special Council meetings although they shall be included as part of the public record on the topic and if appropriate, may be publicly acknowledged. Any written comments submitted to Council via the city clerk shall be distributed to Council by placing copies at each Councilmember’s workstation or city desk; or in the case of emailed or other electronic comments, shall be forwarded to Council via email, unless such email has already been supplied to members of Council. If individual Councilmembers receive written (including electronic) public comments or materials for the purpose of reading/sharing those materials during Council meetings, those materials should be submitted to the city clerk prior to the Council meeting so the clerk can make copies for later distribution to members of Council. c.Electronic Comments: Councilmembers shall avoid accessing any electronic message during Council meetings. Accessing such communication could be construed as receiving public comment without the benefit of having the citizen in person to address their concerns to the entire Council at once. (See also page 21, C9 Internet Use) 2.Council Rules of Order The city clerk shall serve as the official parliamentarian for all Council meetings, and shall keep a copy of the most current “Robert’s Rules of Order” (RONR) at meeting locations during Council meetings. 3.Quorum At all regular and special meetings of the Council, a majority of the Councilmembers who hold office shall constitute a quorum for the transaction of business. A lesser number may adjourn from time to time, provided that written notice of said adjournment is posted on the exterior doors of the place where the meeting is held pursuant to RCW 42.30.090. Council meetings adjourned under the previous provision shall be considered regular meetings for all purposes. (RCW 35A.13.170, 35A.12.120) 4.Seating Arrangement Councilmembers shall occupy the respective seat in the meeting place assigned to them by the Mayor. 5.Attendance a.Unexcused Absences: A Councilmember’s responsibility to attend Council meetings should not be taken lightly, nor should a decision to remove a Councilmember for missing meetings. Pursuant to RCW 35A.12.060 “a council position shall become vacant if the councilmember fails to attend three consecutive regular meetings of the council without being excused by the council.” As soon as possible after two consecutive unexcused absences, and prior to a third consecutive unexcused absence, the absent Councilmember must request a leave of absence if they desire to remain on the Council. At a third consecutive meeting where a Councilmember is not excused and there has been no request for a leave of absence, the absent Councilmember’s office shall be forfeited effective immediately. b.Excused Absences: Members of Council may be excused from meetings with prior notification to the Mayor, City clerk, or City Manager prior to the meeting, and by stating the reason for the inability to attend. Acceptable absences may include death of a family member, family or personal illness, inclement weather, accident, scheduled vacations, family or personal emergency, city-related City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT business, or unusual or unforeseen circumstances. Following or prior to roll call, the Presiding Officer shall inform the Council of the member’s absence, and inquire if there is a motion to excuse the member. The motion shall be nondebatable. Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the city clerk shall make an appropriate notation in the minutes. c.Leave of Absence: A Councilmember whose serious health or physical condition would prevent them from performing the duties of Councilmember may ask to be placed on a leave of absence under the following conditions: i.Such serious health or physical condition must be certified in writing by a medical physician. ii.The request for a leave of absence shall be in writing, and hand-delivered or mailed to the Mayor, city clerk, or city manager at least one week prior to the date when such leave would commence. iii.The request for a leave of absence must state the anticipated date the Councilmember will resume their duties. iv.By majority vote of the whole Council, a leave of absence shall be granted as follows: a.The absence shall not exceed 90 days from the date the motion is passed by Council. b.The absent Councilmember shall retain pay and medical benefits during the leave of absence. c.At the end of the 90-day leave of absence, the absent Councilmember shall either: i.Return to normal Council duties commencing with the first Tuesday following the end of the 90-day leave; or ii.Be subject to RCW 35A.12.060 concerning three consecutive absences, beginning with the first Tuesday following the end of the 90-day leave. d.A leave of absence may only be granted twice during a Councilmember’s four-year term, with no less than six months between each request. Upon approval of a leave of absence, the absent Councilmember shall not be replaced with a pro-tem Councilmember during the absence. 6.Respect and Decorum It is the duty of the Mayor and each Councilmember to maintain dignity and respect for their offices, city staff and the public. While the Council is in session, Councilmembers shall preserve order and decorum. Councilmembers shall not interrupt or argue with any other member or staff, except in order to make a Point of Order. Councilmembers shall be courteous in their language and deportment, and shall not engage in contemptuous or disorderly behavior. Councilmembers shall not discuss or comment on personalities, make derogatory or accusatory remarks or insinuations with respect to the Presiding Officer, other Councilmembers, staff, or the public. Councilmembers shall, at all times, confine their remarks to those facts that are relevant, as determined by the Presiding Officer to the question or matter under discussion as determined by the Presiding Officer, subject to appeal the Council body. Councilmembers shall treat all staff as professionals. Clear, honest communication that respects the abilities, experience, qualifications, and dignity of each individual is expected. Councilmembers and the public shall comply with the directives of the Presiding Officer. Any Councilmember making disruptive, disparaging or impertinent remarks, or unreasonably disturbing the business of the Council shall be asked to cease such disruption. Any other person attending a City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Council meeting who disrupts the meeting in such a fashion that the Council is impaired in its ability to attend to the business of the City, may be asked to leave, or be removed from the meeting. At any time during any Council meeting, any Councilmember may object to personal affront or other inappropriate comments, by calling for a “Point of Order”. After the Councilmember is recognized by the Presiding Officer and the Councilmember explains their point concerning respect and decorum, or lack thereof, the Presiding Officer shall rule on the remark. If the person making the remark is a Councilmember, the Presiding Officer may ask the Councilmember to cease. If the person making the remark is a member of the public, the Presiding Officer shall determine if the remark is actually disruptive, and whether the remark has impaired the ability of the Council to attend to the business of the city. If so, the Presiding Officer shall seek the removal of that person from the meeting. Continued disruptions may result in a recess or adjournment as set forth in #10 below. Councilmembers shall not leave a meeting without being excused by the Presiding Officer, except in emergency situations. nor shall they Councilmembers shall not encourage or participate in disruptive behavior originating from the public seating areas. 7. Dissents and Protests Any Councilmember shall have the right to express dissent from or protest verbally or in writing, against any motion, ordinance or resolution of the Council and have the reason therefore entered in the minutes. 8. Remote Participation a. Remote Council Meetings: In the event of unusual circumstances such as a pandemic or other health or safety emergency where Council meetings would need to be held in such a manner as to protect the health, safety and welfare of Council, staff and citizens, participation in such meetings shall be done remotely provided an option is available for the public to attend through internet or other electronic means. Council, staff and the public must be able to see and hear the meeting proceedings. At least a quorum of Councilmembers must be able to participate. b. Remote Broadcast: All City Council meetings shall be broadcast live using an online remote meeting platform, such as Zoom, Microsoft Teams, or another similar platform, to allow citizens to attend the meetings remotely. Public comment will be accepted from remote attendees at the appropriate portion(s) of the meeting as defined per the agenda. c. Councilmembers may appear at a Council meeting by remote connection: Any Councilmember intending to attend a meeting remotely should notify the Mayor and city clerk in advance of the meeting, such request shall be for reasons where the Councilmember cannot physically attend the meeting, and should be made only when necessary. Councilmembers’ cameras should remain on for the duration of the remote meeting. If a technical problem prevents such participation where the remote Councilmember cannot hear or be heard, the Councilmember shall be counted as an excused absence and the technical difficulty shall be stated for the record. During any meeting that a Councilmember is attending remotely, the Mayor or Presiding Officer shall so state for the record at the beginning of such meeting. In instances where the Mayor is remotely attending a meeting, the Mayor may still function as the Presiding Officer. More than one member of Council may attend a meeting remotely, provided all together in person and remotely, there is a quorum of Councilmembers attending. 9. Internet Use City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT a. Use of the city’s network systems implies Council is aware of and understands that the system is provided to assist in the performance of their roles as Councilmembers, and as such, Councilmembers are obligated to use, conserve and protect electronic information and information technology resources and to preserve and enhance the integrity of those resources which belong to the citizens of Spokane Valley. b. As noted on page 21, Councilmembers shall avoid accessing any electronic message during Council meetings whether by email, text or other means. Accessing such communication could be construed as receiving public comment without the benefit of having the citizen in person to address their concerns. Likewise, Councilmembers shall avoid browsing the Internet during Council meetings in order that Council’s full attention can be given to the topic at hand. c. Information technology resources are provided for the purpose of conducting official city business. The use of any of the city’s information technology resources for campaign or political use is prohibited unless it has been determined by the city attorney, Washington state attorney general, or Washington Public Disclosure Commission, that such use is not a violation of RCW 42.17A.555 or is otherwise authorized by law. d. Confidential material shall not be sent via email or text. e. All letters, memoranda and interactive computer communication (email, text, tweet, etc.) involving Councilmembers, the subject of which relates to the conduct of government or the performance of any governmental function, with specific exceptions stated in the Public Records Act (RCW 42.56) are public records. Copies of such letters, memoranda and interactive computer communication shall not be provided to the public or news media without the member of the public or news media filing a public record request with the city clerk. With this in mind, texting and tweeting concerning city business is strongly discouraged. f. Email communications that are intended to be distributed among all Councilmembers, whether concurrently or serially, shall be considered in light of the Open Public Meetings Act. If the intended purpose of an email is to have a discussion that should be held at an open meeting, the electronic discussion should not occur, and Council discussion should wait until everyone has had ample opportunity to view the message before including such topic(s) on an upcoming agenda. 10. Adjournment Due to Emergency or Disruption In the event of an emergency such as a fire or other natural or catastrophic disaster, threatened violence, or inability to regain or retain good order, the Presiding Officer shall forthwith declare a recess, adjourn or continue the meeting, and the City Council as well as everyone in the room shall immediately leave the meeting room and if necessary, leave the building. The Presiding Officer may reconvene the meeting when it has been determined by the appropriate safety officials that it is safe to do so. 11. Permission Required to Address the Council Persons other than Councilmembers and staff shall be permitted to address the Council upon recognition and/or introduction by the Presiding Officer or city manager. 12. Approaching the Dais by Members of the Public Once a Council meeting has been called to order, members of the public are prohibited from stepping between the speaker's podium and the dais, or stepping behind any part of the dais or City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT stepping behind those sections adjacent to the dais. If citizens wish Council to receive materials, those materials should be handed to the city clerk prior to the meeting or during the public comment section of the agenda, and the clerk will distribute the materials to members of Council. Council reserves the right to invite anyone forward to the podium to be addressed by Council. 13. Out of Order Requests Occasionally a member of the public may wish to speak on an agenda item but cannot remain until the item is reached on the agenda. During “General Public Comment Opportunity,” such person may request permission to speak by explaining the circumstances. The Presiding Officer in his/her sole discretion shall rule on whether to allow the out of order request. Alternatively, the member of the public could also discuss their request with the Mayor prior to or after the meeting. 14. Photographs, Motion Pictures or Videos Requiring Artificial Illumination – Prior Permission Required No overhead projection, photographs, motion pictures or videos shall be used by the public at City Council meetings without the prior consent of the Presiding Officer or the city manager. 15. Placing Items on a Future Agenda a. New Item Council Business: During the Advance Agenda portion of a council agenda, a Councilmember may request to have items placed on a future agenda. Each request shall be treated separately. The city manager is most familiar with staff’s workload and shall determine when the item can be prepared and brought forward to Council, unless the Council wants to discuss the item prior to staff’s involvement. The following process shall be used to propose an item for a future Council meeting: i. A Councilmember may propose an item and give a brief explanation of the issue and its importance to the City. ii. Councilmembers may ask clarifying questions. iii. By a show of hands, a consensus of four or more Councilmembers may move the item forward to a future agenda. b. Except for routine items such as those found on most Consent Agendas, requests for items to come before Council shall be routed through the city manager or come directly from the city manager as part of the normal course of business. 16. Motions and Discussion a. Order of Procedure: i. Member of Council makes a motion by stating: “I move . . .” After the motion is seconded, staff makes their presentation, then the Mayor will ask Council if there are any questions of staff. Once all questions have been addressed, the staff member shall step away from the podium to allow for any public comment. ii. The Mayor will invite public comments. Public comments should be limited to one comment per person per topic and limited to three minutes. The Mayor can remind the public this is time for comments and not discussion; and if the public has questions, those questions shall be addressed by staff at another time outside the meeting. iii. The Mayor will open the floor to Council for discussion. The maker of the motion normally begins the discussion. The discussion must have bearing on whether the pending motion should be adopted (RONR §43); and can be prefaced by a few words of explanation, but must City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT not become a speech (RONR §4). All Council remarks should be addressed through the Mayor. iv. When discussion has ended, the Mayor will re-state the motion or ask the clerk to restate the motion. Once the motion is re-stated, the Mayor will call for the vote, which is normally taken by voice. The Mayor or the clerk will then state whether the motion passed or failed. b. In General: i. Except in rare circumstances, Council motions shall be in the form of an affirmative motion. Affirmative motions are preferred to prevent “approval by default” of a failed negative motion. ii. Unless otherwise stated by the Presiding Officer, agenda items requiring Council action shall begin with a motion by a Councilmember prior to discussion. If a motion fails, the agenda item shall be considered concluded. However, said item could be reconsidered if done during the same meeting, or through Council majority vote it could be brought back at a later meeting to “rescind an action,” or to “amend something previously adopted.” (Mayoral appointments excepted. See Chapter 4, page 41 for further discussion on Committees.) iii. Councilmembers should direct questions to the city manager or the designated presenter. iv. Main motions are made when no other motion is pending (see chart below). They are debatable and subject to amendment. Since seconding a motion means “let’s discuss it,” if there is no second but discussion ensues, the matter of having a second to proceed is moot and the motion can proceed. However, if there is no second and no discussion, the motion does not progress. Note that the motion does not “die for a lack of a second” but it merely does not progress. v. The maker of a motion can withdraw their motion with the approval of the majority of Councilmembers (see notes below table below). The person making the motion is entitled to speak first to the motion. A maker of the motion may vote against the motion but cannot speak against their own motion. vi. No Councilmember should be permitted to speak twice to the same issue until all Councilmembers wishing to speak have spoken. All remarks shall be directed to the Presiding Officer and shall be courteous in language and deportment (Robert’s Rules of Order Newly Revised, Article VII, Section 43, Decorum in Debate), keeping in mind it is not the Councilmember, but the measure that is the subject of debate. vii. When an amended motion is on the floor, the vote is taken on whether to adopt the amendment. If adopted, the next vote is on the fully amended motion. viii. Motions should be reserved for items marked on the agenda for action, so as to avoid any surprises for Council, staff and the public. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Parliamentary Procedure at a Glance Roberts If you want to:You say:May NeedsaCan be Can be Vote Rules #interrupt?second?debated?amended? Postpone I move to postpone indefinitely (the indefinitely….(an affirmative 11purpose is to NoYesYes NoMajority vote can be reconsidered; a prevent action or negative vote cannot) kill an issue) Modify wording of I move to amend the motion 12NoYesYesYesMajority a motionby…… Ex. I move to postpone the Postpone to a 14motion to the next Council No YesYesYesMajority certain time meeting I move the previous question, Majority 16Close debateNoYesNoNo or I call for the question2/3 I move to lay on the table, the 17Table a motionNoYesNoNo Majority motion to… Complain about Chair 19noise, room Point of PrivilegeYesYesYesYes decision temperature, etc. 20Take a breakI move to recess for…NoYesNoYesMajority 21Adjourn meetingI move to adjournNoYesNoNoMajority Object to Chair 23procedure or Point of OrderYesNoNoNo decision personal affront I move to suspend the rules 25Suspend rulesNoYesNoNoMajority and…. Take matter from I move to take from the table 34NoYesNoNoMajority the tablethe motion to… Reconsider I move we reconsideraction 35something already NoYesYesYesMajority on… disposed of It should be noted that the purpose of tabling a motion is not to simply postpone an issue or a vote. If the intended purpose is to postpone, then the motion to postpone should be used. If more information is needed or desired in order to make the most informed vote possible, then an option would be for the maker of the motion to simply withdraw the motion. The consent of the seconder is not needed to withdraw a motion, however, withdrawal of a motion should be done with the approval of a majority of Councilmembers present \[Mayor, I request permission to withdraw my motion. The Mayor asks if there is any objection, and if none, the motion is withdrawn. If there is objection, the Mayor will call for a vote.\] While a motion is still on the table, no other motion on the same subject is in order. The motion to table enables the assembly to lay the pending question aside temporarily when something else of immediate urgency has arisen. The motion to “Lay on the Table” is out of order if the evident intent is to kill or avoid dealing with a measure. (Robert’s Rules of Order th Newly Revised, 10 Edition) *Robert’s Rules of Order Newly Revised states 2/3 vote required. Council direction is to base vote on majority except on matters where 2/3 (or majority plus one) is required by state statute. ** If the main motion to amend can be amended. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT ***Call for the Question: If it is felt that debate on a motion on the floor has continued longer than warranted, a member of Council may “call for the question.” The “call for the question” is a motion to end debate and vote immediately. If this “call for the question” motion is passed by a majority vote, then the vote must be taken on the original debated motion on the floor. 17. Voting The votes during all meetings of the Council shall be transacted as follows: a. The Presiding Officer shall first call for a vote from those in favor of the motion, followed by a call for those opposed to the motion, and afterwards shall state whether the motion passed or failed. Unless otherwise provided by statute, ordinance or resolution, all votes shall be taken by voice or a show of hands. At the request of any Councilmember or the city clerk, a roll call vote shall be taken by the city clerk. The order of the roll call vote shall be determined by the city clerk. b. Unless otherwise provided by statute, ordinance or resolution, in case of a tie vote on a motion, the motion shall be considered lost. c. Every member who was present when the question was called, shall give his/her vote. If any Councilmember refuses to vote “aye” or “nay,” their vote shall be counted as a “nay” vote unless the Councilmember has recused themself due to actual or perceived appearance of a conflict of interest, which shall be so stated prior to the vote at hand. Abstentions are not permitted as abstentions are equivalent to not voting, and the members of the public expect their elected officials to vote on issues. d. The passage of any ordinance, grant or revocation of franchise or license, and any resolution for the payment of money, any approval of warrants, and any resolution for the removal of the city manager shall require the affirmative vote of at least a majority of the whole membership of the Council (RCW 35A.12.120). Except as provided in “e” below, all other motions or resolutions shall require an affirmative vote of at least a majority of the quorum present. e. Majority Plus One: The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures for any calamity, violence of nature, riot, insurrection, or war; and provisions for a lesser emergency, such as a budget amendment (RCW 35A.33.090), shall require the affirmative vote of at least a majority plus one of the whole membership of the Council. (RCW 35A.13.190). 18. Recusal From Discussion and Consideration a. Situations may arise when a Councilmember should consider whether to recuse themselves from the consideration and decision-making on a particular item. These situations can arise in various ways, including having an interest in a contract being considered by the City, or when a Councilmember has a bias in some fashion regarding an issue before the Council. For additional discussion and explanation, please see Appendix C – Spokane Valley Councilmembers’ Statement of Ethics. The overarching goal of the conflict of interest laws is to prevent municipal officers from engaging in self-dealing. Seattle v. State, 100 Wn.2d 232, 246 (1983). \[Self-dealing is defined as a situation in which a fiduciary acts in his own best interest in a transaction rather than in the best interest of his clients. A fiduciary is legally obligated to act in the best interest of his clients. A fiduciary is a person to whom property or power is entrusted for the benefit of another.\] City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT b. Prohibited acts. There are some conflicts which cannot be waived, and some actions in which Councilmembers shall not engage. RCW 42.23.070 prohibits municipal officers from: i. Using “his or her position to secure special privileges or exemptions for himself, herself or others.” ii. Directly or indirectly giving or receiving or agreeing to receive “any compensation, gift, reward or gratuity from a source except the employing municipality, for a matter connected with or related to the officer’s services as such an officer unless otherwise provided for by law.” iii. Accepting employment or engaging in business or professional activity that “the officer might reasonably expect would require or induce him or her by reason of his or her official position to disclose confidential information acquired by reason of his or her official position.” iv. Disclosing confidential information “gained by reason of the officer’s position, nor may the officer otherwise use such information for his or her personal gain or benefit.” c. Conflict of interest – contracts. In contractual matters, Councilmembers are required to avoid directly benefitting from contracts entered into by the city. When a Councilmember is aware that they may benefit from such a contractual relationship, they are required to recuse themselves. Other situations may arise where a Councilmember may indirectly benefit. In these circumstances, the determination of whether a conflict of interest exists such that they should recuse themselves will have to be made by that Councilmember based on facts and circumstances known at the time. d. Bias for or against a proposed action. There will be situations for each Councilmember where, based upon their current or prior work or personal relationships, that Councilmember may not be able to participate in a discussion and decision on a given issue because they likely can’t be objective. In such an event, the Councilmember must give due consideration to their potential to be predisposed, and whether they believe they can objectively consider and decide on the issue. If the answer is yes, then the Councilmember may proceed. If this self-analysis is difficult as to whether the Councilmember can be objective, but the determination is that they can, the Councilmember should strongly consider disclosing the nature of the potential bias to the Council, and then announce whether they believe they can or cannot proceed. If the Councilmember does not believe they can be reasonably objective, they should recuse themselves from the discussion and consideration. The purpose for recusal under such circumstances is that the Council wants the public to have the utmost confidence that decisions are made objectively, and that all citizens and businesses will be treated equally and fairly. e. Process and Disclosure. When a Councilmember determines recusal is appropriate, or when it is required by law, the Councilmember shall announce that they need to recuse themselves, explain the factual circumstances, then step off the dais and out of the meeting place. A staff member will retrieve the Councilmember once that issue is finished being discussed. The determination of whether to recuse oneself from an issue, and then formally recusing, shall occur before any discussion has taken place on that issue to ensure that Councilmember does not participate in the matter in any fashion. f. The following is an example of appropriate language where recusal is warranted: Following careful analysis and consideration, I think it is appropriate for me to recuse myself from any discussion and decision on this matter. I have known the owners of * business for * years, am friends with them, and believe it would be most appropriate for me not to participate in this matter. As such, I will recuse myself and step out of the room. OR City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Following careful analysis and consideration, I think it is appropriate for me to recuse myself from any discussion and decision on this matter. I own a business that competes directly with the business at issue and believe it would be most appropriate for me not to participate in this matter. As such, I will recuse myself and step out of the room. g. The following is an example of appropriate language where the Councilmember determines that he/she does not need to recuse themselves from the matter: Following careful analysis and consideration, I think it is appropriate for me to participate in the discussion and decision on this matter. Although I am somewhat familiar with this matter from my prior association with *, I believe I can be objective and unbiased. As such, I will not recuse myself, and will participate with the rest of the Council in the discussion and decision. 19. Ordinances a. Except for unusual circumstances or emergencies, ordinances and resolutions shall customarily be prepared, introduced and proceed in normal fashion with an administrative report, then first and second reading in accordance with the “Three Touch Principle.” Prior to final passage of all ordinances or resolutions, such documents shall be designated as drafts. b. A Councilmember may, in open session, request the city manager bring forth an ordinance for a specific purpose. c. Ordinances shall normally have two separate readings at separate Council meetings. Unless waived by the City Council at each reading, the title of an ordinance shall be read by the city clerk prior to its passage. However, if a Councilmember requests that the entire ordinance or certain sections be read, such request shall be granted. Printed copies shall be available upon request to any person attending a Council meeting. d. The provision requiring two separate readings of an ordinance may be waived at any meeting of the Council by a majority vote of all members present. This would require a successful motion to suspend the rules and pass the ordinance on a first reading. e. If a motion to pass an ordinance to a second reading fails, the ordinance shall be considered lost, unless a subsequent motion directs its revision and resubmission to a first reading. f. Any ordinance repealing any portion of the Spokane Valley Municipal Code shall also repeal the respective portions of the underlying ordinance(s). Ordinances repealing earlier ordinances shall not apply to acts, incidents, transactions or decisions occurring before such repeal. g. Council may not pass a franchise ordinance at a special meeting \[RCW 35A.47.040\]. h The passage of any ordinance, grant or revocation of franchise or license shall require the affirmative vote of at least a majority of the whole membership of the Council. \[RCW 35A.13.170\] i. The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures for any calamity, violence of nature, riot, insurrection, or war; and provisions for a lesser emergency, such as a budget amendment (RCW 35A.33.090), shall require the affirmative vote of at least a majority plus one of the whole membership of the Council. (RCW 35A.13.190). City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT j. Occasionally, an ordinance will be on an agenda the same night as a public hearing on the same topic, such as a public hearing on a budget, amended budget, proposed tax, or moratorium, and an ordinance approving that item. When that occurs, after the public hearing has been closed and Council moves to the ordinance action item, public comment shall not be taken on the ordinance since it was just taken as part of the public hearing process. Public comment will also not be taken during the ordinance’s second reading at a subsequent Council meeting. This procedure will also be used if a public hearing on a specific issue is held before the Planning Commission; so that when the resulting ordinance comes before Council, public comment will not be taken on either the first or the second reading. 20. Resolutions a. A resolution may be approved on the same day it is introduced. While it is not necessary to have the title of a resolution read aloud, Council may ask the city clerk to read the resolution title in order to facilitate public understanding and/or comment. A Councilmember may request that the entire resolution or certain sections be read, and such request shall be granted and the city clerk shall read as requested. Printed copies shall be made available upon request to any person attending a Council meeting. b. The passage of any resolution for the payment of money, any approval of warrants, and any resolution for the removal of the city manager shall require the affirmative vote of at least a majority of the whole membership of the Council. c. Occasionally, a resolution will be on an agenda the same night as a public hearing on the same topic, such as a public hearing on an amended Transportation Improvement Program, and a Resolution approving that amendment. When that occurs, after the public hearing has been closed and Council moves to the resolution action item, public comment shall not be taken on the resolution since it was just taken as part of the public hearing process. This procedure will also be used if a public hearing on a specific issue is held before the Planning Commission, which would result in a resolution for Council consideration. 21. Community Recognition Program a. In an effort to acknowledge outstanding citizens, businesses and organizations who have made a significant contribution, or have had or continue to have, a positive impact on the citizens of our community, the Council has implemented a Community Recognition Program. b. Eligibility: Must be a citizen/resident or an owner/operator of a business within Spokane Valley City limits. City of Spokane Valley elected officials, staff members and their relatives are not eligible for nomination, however, they may submit nominations. There is no limit to the number of nominations one may submit. c. Selection: will be made by the Mayor with confirmation by the Council. If selected, recognition will take place at a City Council meeting and depending upon the nature of the nomination, the honoree will be presented with a proclamation, certificate of appreciation, and/or a key to the city. d. Process: Nominations shall be submitted on a Community Recognition Form, addressed to the city clerk, and may be made at any time. e. Selection of these recipient(s) will typically be held during a formal format Council meeting, under the Agenda Item of Introduction of Special Guests and Presentations. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT 22. Proclamations a. Ceremonial proclamations not associated with the Community Recognition Program. i. These proclamations are not statements of policy but are a means by which the City can recognize an event, group or individual. As part of the ceremonial duties of the Mayor, the Mayor is charged with approval of proclamations at his/her discretion; and reserves the right to decline any proclamation request as well as the right to make exceptions to these guidelines and procedures. Individual Councilmembers will not issue proclamations, and requests for a proclamation should be directed to the Mayor or the city clerk. ii. Proclamations will be considered for approval which will proclaim certain events or causes when such proclamation positively impacts the community and conveys an affirmative message to Spokane Valley residents. Proclamations will not be considered which are potentially controversial, political or religious in nature, unless approved by the majority of Councilmembers. iii. Proclamations can be issued at the discretion of the Mayor, and may be for organizations, individuals, or businesses within or outside Spokane Valley’s jurisdiction. b. Procedure for proclamations to be read at a Council Meeting: i. The person making the request need not be a Spokane Valley resident. ii. Requests should be made at least four weeks in advance of the scheduled Council meeting. iii. The person asking for the proclamation should agree to be in attendance or have someone attend in their stead. iv. The city clerk will inform the requestor whether the proclamation request is approved. v. The person making the request shall draft the proclamation and send it to the city clerk once approval is given. vi. The city retains the right to modify and/or edit the proposed proclamation as it sees fit vii. It is the Council’s preference to have proclamations read at formal meetings, which are generally held the 2nd and 4th Tuesdays; however, proclamations may be read at Study Sessions due to scheduling conflicts. c. For those instances where proclamations are requested for events other than to be read at an open Council meeting, the same procedure as above shall be followed, but instead of having someone at a Council meeting to officially receive the proclamation, the city clerk will mail the proclamation to the requestor, or it can be hand-carried by the Councilmember attending the event to read the proclamation. d. Reading of these proclamations will typically take place at a formal format Council meeting, immediately after the Mayor’s report, or could take place as the first agenda item on a Study Session. 23. Taxes: Increasing or Imposing New Taxes The Council strongly believes in fiscal restraint, and that increasing the tax burden on its property owners and citizens by increasing or imposing new taxes should be avoided except as a last resort. In addition to complying with all applicable statutory requirements, increasing or imposing new taxes should only be done as follows: City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT a. As requested by the City Council, the City Manager in consultation with the finance director, shall notify the city clerk of Council’s desire for a proposed ordinance, and ask the city attorney to prepare a draft ordinance. b. Within 14 days following notice to the city clerk, the city clerk shall publish a notice of public hearing once a week for two consecutive weeks in the official newspaper of the City, stating: i. The date, time and place of Council’s public hearing. ii. The purpose of the hearing: that a tax increase or new tax has been proposed. iii. That a copy of the proposed draft ordinance shall be furnished to any City taxpayer who requests it; and iv. That any city taxpayer may appear and provide verbal or written comment for or against the proposed draft ordinance. c. Preceding such public hearing, staff will provide an administrative report to Council describing the financial deficit and need for the increased or new tax; and if Council concurs and after the public hearing, the proposed draft ordinance shall proceed as follows: i. Proceed with a first reading of the proposed draft ordinance. (same or different meeting as the public hearing) ii. Second reading of the proposed draft ordinance at a subsequent meeting. d. Approval of increasing or imposing new taxes requires an affirmative vote of a majority plus one of the whole Council. 24. Hearings \[note: See Appendix A, page 66 for quasi-judicial hearings\] a. Purpose i. Held to obtain public input on legislative decisions on matters of policy. ii. Are required by state law in such matters as comprehensive plan use plans, or annual budget. iii. Do not involve legal rights of specific private parties in a contested setting. iv. Affect a wide range of citizens or perhaps the entire jurisdiction. v. Decisions reached as a result of these hearings are not second-guessed by the courts, and if challenged, are reviewed only to determine if they are constitutional or violate state law. b. Process i. State statutes do not specify how public hearings should be conducted. Because legislative hearings are generally informal, the main concern is to provide an opportunity for all attending members of the public to speak if they desire. Individual comments shall be limited to a specific amount of time as determined by the Presiding Officer, and the public should be advised that comments must relate to the matter at hand. The “ground rules” for the conduct of the hearing may be stated by the Presiding Officer at the beginning of the hearing: a. All public comments shall be made from the speaker’s podium, shall be directed to the Mayor and Council, and any individual making comments shall first give their name and city of residence. Speakers may be asked to spell their last name because an official recorded transcript of the public hearing is being made. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT b. No comments shall be made from any other location, and anyone making “out of order” comments shall be subject to removal from the meeting. c. Unless otherwise determined by the Presiding Officer, all public comments shall be limited to three minutes per speaker and members of the public are not permitted to give any of their own speaking time to other members of the public. This time is an opportunity to hear from various members of the public in a limited public forum, and not an opportunity for extended comments or dialogue. d. At the discretion of the Presiding Officer, members of the public shall only speak once per issue. e There shall be no demonstrations, applause or other audience participation, before, during or at the conclusion of anyone’s presentation. Such expressions are disruptive and take time away from the speakers. f. Unless read and/or handed in by the individual speaker during the public hearing, previously received written public comments shall be read by the city clerk at the pleasure of the Mayor. In the interest of time, the Mayor may limit the reading of such comments to the clerk reading who the letter or written material is from, and if easily discernible, whether that person is for or against the issue at hand. All written comments become an official part of the record. g. These rules are intended to promote an orderly system of holding a public hearing, to give people an opportunity to be heard, and to ensure that individuals are not embarrassed by exercising their right of free speech. ii. The Presiding Officer declares that the public hearing on the topic at hand is open, notes the time for such opening, and asks staff to make their presentation. iii. After staff presentations, the Presiding Officer calls for public comments. iv. The Presiding Officer asks if any members of Council have questions of any of the speakers or staff. If any Councilmember has questions, the appropriate individual shall be recalled to the podium. v. The Presiding Officer declares the public hearing closed and notes the time for such closing. 25. Reconsideration a. The purpose of reconsidering a vote is to permit change or correction of an erroneous action, or to take into account added information or a changed situation that has developed since the taking of the vote. Any action of the Council, including final action on applications for legislative changes in land use status, shall be subject to a motion to reconsider except: i. any action previously reconsidered; ii. motions to adjourn or motions to suspend the rules; iii. an affirmative vote to lay an item on, or take an item from, the table; iv. previously passed motion to suspend the rules; or v. a vote electing to office one who is present and does not decline. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT b. Such motion for reconsideration: i. Shall be reconsidered during the same Council meeting; ii. Shall be called up when no business is pending (no action is pending); iii. If action is pending, the Mayor asks the clerk to note that the motion to reconsider has been made and shall be taken up when a member calls the motion to reconsider the vote when no other business (action ) is pending; iv. Shall be made by a member who voted on the prevailing side on the original motion. This means a reconsideration can be moved only by one who voted aye if the motion involved was adopted, or no if the motion was lost. It is permissible for a Councilmember who cannot make such a motion, but believes there are valid reasons for one, to try to persuade someone who voted on the prevailing side, to make such a motion. v. A member who makes this motion should state that he or she voted on the prevailing side; vi. Needs a second, and can be seconded by any member; vii. Is debatable if the type of motion it reconsiders is debatable; and viii. Is not amendable and requires a majority vote to adopt. c. Step 1: A member of Council who voted on the prevailing side makes the motion, such as "I move to reconsider the vote on the resolution relating to holidays. I voted for \[or against\] the resolution." This motion needs a second, which can be seconded by any Councilmember. d. Step 2: If the motion for reconsideration is adopted, the original motion is then placed before Council as if that motion had not been voted on previously; and Council again takes that motion under discussion, followed by a new vote. e. Any motion for reconsideration of a matter which was the subject of a required public hearing or which is a quasi-judicial matter, may not be discussed or acted upon unless and until the parties or their attorneys and the persons testifying have been given at least five days advance notice of such discussion and/or action. 26. Council Materials a. Council Material: Councilmembers and staff should read the agenda material and ask clarifying questions of the city manager or other appropriate staff prior to the Council meeting when possible. A good opportunity to do this is at the Advance Agenda meeting. Council recognizes there are times when Councilmembers may wish to bring additional documentation to a meeting on a specific subject, whether that subject is on the agenda or not, in order to share with Council and staff. When possible, the materials should be distributed to Councilmembers and staff prior to the Council meeting, or if distributed during a meeting, Councilmembers should indicate they would like the materials considered for a future meeting, since except in an emergency, Councilmembers would normally not take time at the dais to read material just received. Pre-scheduled materials Council wishes to share as part of the Council packet could also be included on study session agendas under “Council Comments.” b. Council Packets: Councilmembers shall personally pick up their agenda packets from their city desk, unless otherwise arranged by the Councilmember or further directed by Council. Councilmembers have the option of accessing their Council packet via the City’s website. Unless notified otherwise, the city clerk shall prepare a hard copy agenda packet for individual Councilmembers. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT c. Packet Materials: Request for Council Action form (RCA): This is a cover sheet used by staff to introduce an agenda item. It includes the agenda item title, citing of governing legislation associated with the topic, previous Council action taken, and background on the topic. Options for Council consideration are also included, as well as a staff recommended action or motion. The options and recommended action or motion should be viewed as aids to Council in making a motion or taking action, but should not be thought of as obligatory, as Council always has the option of making a motion different from what is included on the form. Generally, by the time an item is ready for a motion, Council has already read, heard, and/or discussed the item at least three times (such as an informational item, an administrative report, and lastly as an action item), and the wording of a motion would not normally be controversial, although it is important to state the motion as a motion, such as “I move to” or “I move that” or other similar language. 27. “Three Touch Principle” Decision makers and citizens at all levels of thecity should have adequate time to thoroughly consider the issues prior to final decisions. It is the intent of the Council that the Council and administration shall abide by the “Three Touch Principle” whenever possible. These procedural guidelines are designed to avoid “surprises” to the City Council, citizens and administrative personnel. Any request or proposal for adopting or changing public policy, ordinances, resolutions or City Council directives which require a decision of the City Council or administration, should “touch” the decision makers three separate times. This includes verbal or written reports, “information only” agenda items, or any combination thereof. To facilitate the Council’s strategic use of legislative time at its meeting, staff may satisfy the first touch by issuing an informational memorandum, unless the subject matter is complex in nature. Quasi-judicial matters and any subject discussed in executive sessions are excluded from application of the “Three Touch Principle.” It is recognized that unexpected circumstances may arise wherein observance of the “Three Touch Principle” would be impractical. However, when unusual circumstances arise which justify a “first discussion” decision, the persons requesting the expedited decision should also explain the timing circumstances. This principle excludes staff reports and other general communications not requiring a Council decision. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT A. ELECTION OF OFFICERS Procedures for electing officers are as follows: 1. Biennially, at the first meeting of the new Council, the members thereof shall choose a Presiding Officer from their number who shall have the title of Mayor. In addition to the powers conferred upon him/her as Mayor, he/she shall continue to have all the rights, privileges and immunities of a member of the Council. If a permanent vacancy occurs in the office of Mayor, the members of the Council at their next regular meeting shall select a Mayor from their number for the unexpired term. Following the election of the Mayor, election of a Deputy Mayor shall be conducted in the same manner. The term of the Deputy Mayor shall run concurrently with that of the Mayor. (RCW 35A.13.030) There are no term limits for the office of Mayor or Deputy Mayor. 2. The election for Mayor shall be conducted by the city clerk. The city clerk shall call for nominations. Each member of the City Council shall be permitted to nominate one person, and a nomination shall not require a second. A nominee who wishes to decline the nomination shall so state at that time. Nominations are then closed. The election for Deputy Mayor shall be conducted by the Mayor, and nominations shall be made in the manner previously described for the election of the Mayor. 3. Except when there is only one nominee, election shall be by written ballot. Each ballot shall contain the name of the Councilmember who cast it. Selection of Mayor and of Deputy Mayor shall each be determined by majority vote of Councilmembers present. The city clerk shall publicly announce the results of the election. Thereafter, the city clerk shall record the individual Councilmember’s vote in the minutes of the meeting. 4. If the first round of votes results in no majority vote of Councilmembers present, the voting process shall be repeated no more than two more times. During subsequent votes, Councilmembers do not have to vote the same as they did in the previous vote. If after three attempts, Council is unable to agree on a Mayor by majority vote of Councilmembers present, the office of Mayor shall be temporarily filled by an Acting Mayor, which shall be the Councilmember who just previously served as Mayor if that person is still a member of Council, or if the previous Mayor is no longer a Councilmember, then by the Deputy Mayor, or if such person prefers not to serve as Mayor or if that person is no longer a member of Council, the Councilmember with the next highest seniority. The Acting Mayor shall continue in office and exercise such authority as is described in RCW 35A.13 until the members of the Council agree on a Mayor, which shall be determined at the next scheduled Council meeting, at which time the role of Acting Mayor shall cease and terminate. 5. At the next scheduled Council meeting voting for Mayor shall proceed in the same manner as the initial first round of voting from the previous Council meeting, but Councilmembers shall only vote on the Councilmembers who received the highest number of votes. If after three voting attempts, there is still no majority vote of Councilmembers present, the vote shall be determined by whichever Councilmember has the most votes at the third voting attempt. If at that time, there is a two-way tie of Councilmembers receiving the most votes, the tie shall be broken based on the flip of a coin. The City Manager shall flip the coin. If there are more than two Councilmembers tying with the most votes, that tie shall be determined by another means of chance to narrow the Councilmembers down to two, at which time the outcome shall be determined by written ballot. City of Spokane Valley | Governance Manual | Chapter 2: Legislative Process and Procedure | 2024 DRAFT B. FILLING COUNCIL VACANCIES 1. General Process (Note that public comment shall not be taken during this entire process) If a vacancy occurs on the City Council, the Council shall follow the procedures outlined in RCW 35A.13.020 and Council’s adopted procedure in compliance with RCW 35A.13.020, as well as RCW 42.12.070. The timeline will vary depending on when the process begins. Pursuant to RCW 35A.13.020, City Council has 90 days from the vacancy to appoint a qualified person to the vacant position. If this timeframe is not met, the City’s authority in this matter would cease and the Spokane County Board of Commissioners would appoint a qualified person to fill the vacancy. In order to be qualified to run for Spokane Valley City Council, or hold such position, a person must be \[RCW 42.04.020\] a citizen of the United States, 18 years of age or older, a resident of the City of Spokane Valley for a year or more preceding his or her election, a registered voter in the City of Spokane Valley at the time of filing the declaration of candidacy and at the time of filing the declaration of candidacy if the candidate had ever been convicted of a felony, they must no longer be under the authority of the Department of Corrections, or currently incarcerated for a felony. Pursuant to RCW 42.12, remaining members of Council shall appoint a qualified person to fill the vacancy as an interim position who will serve from the date of appointment until the person elected in the November odd-numbered year general election takes office, which is the date the election results are certified, normally around the 26th of November. (See also 35A.12.040) Immediately upon the election being certified, that just-elected person will take the oath of office, take their position as a member of Council, and complete the remainder of the unexpired term. a. Procedure for Filling a Council Vacancy, Timeline/Procedure-Publication: The city clerk shall publish the vacancy announcement inviting citizens of the City who are interested and qualified to sit as a Councilmember, to apply on an application form provided by the city (see Appendix E page 53 for application). Qualifications to sit as a Councilmember are set forth in RCW 35A.13.020, which refers to RCW 35A.12.030: (1) must be a registered voter of the city at the time of filing his or her declaration of candidacy; (2) has been a resident of the city for a period of at least one year next preceding his or her election. Additional qualifications include those stated above under #1 General Process, and that Councilmembers shall not hold any other office or employment within the Spokane Valley city government \[RCW 35A.12.030\]. In order to avoid any real or perceived conflict of interest, no member of Council's immediate family may be currently employed by the City of Spokane Valley since employment is considered a contractual matter, and a councilmember would have a prohibited interest in a contract between a family member who is an employee of the city, and the city. (See Appendix G page 58 Definitions for description of immediate family.) If possible, the vacancy announcement shall be published for three consecutive weeks. b. The city clerk shall establish the deadline to receive applications, for example, no later than 4:00 p.m. on a certain date. c. RCW 42.30.110(1)(h), set a special meeting with an executive session beginning at 5:00 p.m. Council shall meet and adjourn to executive session to review and discuss all of the applications. After the review and discussion, Council shall return to meeting place and the Special Meeting shall be adjourned. d. Hold a regular 6 p.m. meeting, same evening as above special meeting. Pursuant to RCW 42.30.110(1)(h), Council shall meet in open session and part of this agenda shall include City of Spokane Valley | Governance Manual | Chapter 2: Legislative Process and Procedure | 2024 DRAFT selection of applicants to interview. Selection shall be by nomination and second. A vote shall be taken and candidates receiving a majority vote of those councilmembers present, shall be interviewed. Immediately after this Council meeting or as soon as practicable, the clerk shall send a list of potential questions to all those to be interviewed. e. Schedule the conducting of the interviews for an upcoming Council meeting. Pursuant to RCW 42.30.110(1)(h), the interviews shall be conducted during an open Council meeting. Each interview shall be a maximum of 30 minutes. f. Schedule a special 5 p.m. meeting with an executive session. Pursuant to RCW 42.30.110(1)(h), Council shall meet and adjourn to executive session (closed session) to discuss applicants. After the discussion, the Special Meeting shall be adjourned as usual. g. Hold a regular 6 p.m. meeting, same evening as “f” above special meeting. Pursuant to RCW 42.30.110(1)(h), Council shall meet in open session; and the last action item of that agenda will include a vote to fill the vacancy. Upon selection of the new Councilmember, that person shall be sworn in by the city clerk and take their seat at the dais. 2. Nomination Options for Conducting Interviews a. After holding an executive session to review applications, during a subsequent open session, any Councilmember may: i. Nominate an applicant to be interviewed ii. The nomination must be seconded iii. Councilmembers may make more than one nomination, but only one at a time iv. The Mayor shall ask if there are further nominations v. If no further nominations, the Mayor shall close the nominations vi. Votes shall be taken on each applicant in the order of nomination vii. Votes shall be by raised hand viii. Applicants receiving a majority of votes of those Councilmembers present, shall be interviewed ix. Once all voting has taken place, the city clerk shall summarize which applicants shall be interviewed based on the voting outcome. As soon as possible after the Council meeting, the city clerk shall notify each applicant to inform them if they will or will not be interviewed; notify those to be interviewed of the date and time for their interview, and send each person to be interviewed, the list of possible interview questions; or x. Instead of the above nomination process, after holding an executive session to review applications, Council may choose to interview all applicants. b. The length of the interview shall be determined based upon the number of applicants and interviews shall be done in last-name alphabetical order. The city clerk shall notify all applicants of the date, time and procedure for their interview. To keep the process as fair as possible, on the date of the interview, applicants not yet interviewed shall be asked to wait in a waiting area outside the meeting place and away from viewing or hearing the meeting’s proceedings. City of Spokane Valley | Governance Manual | Chapter 2: Legislative Process and Procedure | 2024 DRAFT c.If during open session, Council has nominated only one person to interview, or in the case of more than one vacancy, one person per vacancy, Council may forego the interview process and move to make the appropriate appointment. 3.Interview Questions/Process During the interview, each Councilmember may ask each candidate a maximum of three questions, which includes any follow-up questions. Candidates shall be interviewed in alphabetical order of last name. 4.Nomination and Voting Process to Select Applicant a.Nomination Process: Councilmembers may nominate an applicant to fill the vacancy. A second is required. If no second is received, that applicant shall not be considered further unless no applicant receives a second, in which case all applicants who were nominated may be considered again. Councilmembers may not make more than one nomination unless the nominee declines the nomination and unless there is no second to the nomination; in which case the Councilmember makes another nomination. Once the nominations are given, the Mayor shall close the nominations and Council shall proceed to vote. b.Voting Process. RCW 42.12.070 states that where one position is vacant, the remaining members of the governing body shall appoint a qualified person to fill the vacant position. By adoption of this policy, Council has chosen the following process for making such appointment: i.Except when there is only one nominee, a vote for an applicant shall be by written ballot. Each ballot shall contain the name of the Councilmember who cast it. ii.The vacancy may only be filled when a majority of the remaining City Council (whether present or not) affirmatively votes for the applicant, i.e. if five City Councilmembers are present, this would require at least four Councilmembers voting for an applicant. If subsequent rounds of voting are needed, each round of voting follows the same process. The Mayor may ask for Council discussion between voting rounds. iii.Round One Vote: The city clerk shall publicly announce the results of the election. The applicant receiving the majority of votes shall be the new Councilmember. If no applicant receives a majority of votes from the City Council, then the three applicants receiving the most affirmative votes would be considered in a second round. iv.Round Two Vote: Round Two proceeds the same as Round One. If one of the three applicants still fails to receive a majority of affirmative votes, then the two applicants of the three who received the most affirmative votes would then be considered in a third round; or if there are only two applicants and they receive tie votes, a third round shall be taken. Councilmembers may change their vote between rounds. hree proceeds the same as Rounds One and Two. If after this v.Round Three Vote: Round T round, the vote of the two applicants results in a tie, then the city manager, with concurrence of Council shall flip a coin to determine who shall fill the vacancy, with the applicant whose last name is closest to the letter A being assigned “heads” and the other person assigned “tails.” In the rare circumstance where both applicants' last name begins with the same letter of the alphabet, the applicant whose entire last name is closest to the letter A shall be assigned “heads” and the other person assigned “tails.” In the equally rare circumstance where both applicants have the same last name, the applicant whose first name is closest to the letter A shall be assigned “heads” and the other person assigned “tails.” City of Spokane Valley | Governance Manual | Chapter 2: Legislative Process and Procedure | 2024 DRAFT 5. Seating of New City Councilmember Once an applicant either has received a majority of votes or wins the coin flip, if the appointed applicant is at the meeting, the city clerk shall administer the oath of office, and the new Councilmember shall be officially seated as a City Councilmember. If the appointed applicant is not at the meeting, such action is not official until the applicant takes the oath of office. C. LEGISLATIVE AGENDA Councilmembers work each year (or sometimes every two years) to draft a State and a Federal “legislative agenda” to address Council ideas, suggestions and specific legislative programs in terms of upcoming or pending legislative activity in Olympia and Washington, D.C. that would or could have an effect on the city. These agendas can also be addressed during Council’s participation in the Association of Washington Cities (AWC)annual conference, and the annual National League of Cities Conference held in Washington, D.C. D. COUNCIL TRAVEL ALLOCATION Council is allocated a budget to handle certain city business-related travel expenses. The total allocation of travel funding budgeted for the legislative branch for the fiscal year shall be apportioned equally among six Councilmembers, and the Mayor may receive additional funding based on the extra travel demands of the office. These monies may be used to defray expenses for transportation, lodging, meals and incidental expenses incurred in the conduct of city business. Periodic updated statements of expenditures are available to Councilmembers upon request to the Finance Department or the city manager’s executive assistant. Should a Councilmember exhaust their apportionment of funds, that person shall be personally responsible for payment of any travel and related expenses unless they have requested and received written affirmation from another Councilmember of their voluntary allocation to grant the travel related expenses from that granting Councilmember’s travel apportionment. Such granting of travel allocations shall be documented with the appropriate completed form (see Appendix F, page 57). During the last six months of a Councilmember’s current term of office, Councilmembers shall not incur city business-related travel expenditures outside a 50 mile radius unless such travel fulfills the obligations of the Councilmember’s service on statewide or regional boards, commissions or task forces. E. COUNCIL EXPENSE REIMBURSEMENT POLICY 1. Travel Approval and Expense a. General Travel: Councilmembers are entitled to payment of and reimbursement for lawful expenditures incurred on official city business when such expenditures are within the allotted budget. The city shall not reimburse Councilmembers for meals or beverages with constituents when there is not at least a quorum present as that would not be considered official city business. The city shall not reimburse an expense associated with fundraising or political events. The city shall also not reimburse an expense if that expense is reimbursable by another agency. Each Councilmember shall be permitted to travel within the constraints of each Councilmember’s allotted budget, which may also include donated allocation(s) from another Councilmember(s). (See Appendix F page 77 for Request Form.) b. Allowable Travel Expense. Allowed travel expenses include transportation, lodging, meals, and other related expenditures lawfully incurred by Councilmembers in the course and scope of their Councilmember duties. City of Spokane Valley | Governance Manual | Chapter 2: Legislative Process and Procedure | 2024 DRAFT i. Meals, transportation and lodging are reimbursed at a cost a cost deemed customary and reasonable. Meal receipts shall be itemized to receive reimbursement. ii. Lodging is reimbursed for the actual cost of the room, minus any room extras. If paid in advance, a receipt is rquired for reimbursement. ii. Tips are allowable expenditures when they approximate 15% or less, unless the personal service provider sets a mandatory group rate at a higher percentage, or the tip is already included in the expenditure. Please carefully examine your bill and be aware of statements such as “A service charge of __%/$ will be added to your bill.” Reimbursement for tips is limited to meals, valet services, and taxi/ride share transportation. Tips on meals are included in the per diem rates above. iii. Lodging is reimbursed for the actual cost of the room, minus any room extras. A receipt is required for reimbursement. iv. When staff is making and paying for air travel arrangements, airline trip insurance may be purchased on a case-by-case basis at the discretion of the City Manager. Times when such trip insurance may be purchased include necessary travel when the weather is questionable. v. A monthly mileage stipend of $25 for each Councilmember, and a $50.00 for the Mayor, shall be provided for local travel for city business within 15 miles from City Hall. If travel is beyond 15 miles from City Hall, mileage. Mileage shall be reimbursed according to the current IRS mileage rates for traveled miles as determined by such websites as google Google maps, or other internet apps or mileage distance calculators, using the shortest route between two places. c. Non-Reimbursement or Prohibition of Travel Expense. Unauthorized travel expenses include but are not limited to the following items, for which no reimbursement shall be allowed: i. Liquor Alcoholic beverages ii. Expense of a spouse or other persons not authorized to receive reimbursement under this policy iii. Personal entertainment/movies iv. Theft, loss, or damage to personal property v. Barber or beauty parlor hair salon vi. Airline or other trip insurance (see b iv directly above) vii. Personal postage viii. Reading material, except for that associated with official City business ix. Personal telephone calls x. Personal toiletry articles, including toothpaste, toothbrush, comb, brush, candy, gum, tissues, and other miscellaneous items xi. Dry cleaning/laundry service xii. Prohibited expenses charged to the City in error shall be immediately reimbursed City of Spokane Valley | Governance Manual | Chapter 2: Legislative Process and Procedure | 2024 DRAFT d. Conferences/Meetings/Seminars. i. Where a meal is included in a registration package, the cost of a meal eaten elsewhere shall not reimbursed unless its purpose is to allow the conduct of city business. ii. For meetings or seminars hosted by an organization for which the city pays membership dues, lodging is limited to the amounts that are reasonable and necessary based upon the government or conference rate offered by the host hotel(s). iii. When an extra day’s stay would reduce airfare beyond the extra day’s hotel and meals, a Councilmember may stay an extra day. 2. Payment of Expenses a. Use of city credit cards. Use of city credit cards for travel is authorized pursuant to chapter 2.65 SVMC. b. Prepayment. Examples of travel expenses subject to prepayment include registration fees, airline tickets, and certain lodging where the cost is part of the registration package. Prepayment is generally handled by the city manager’s executive assistant. c. Direct Billing. Direct billing to the city for expenses such as meals and lodging is prohibited. d. Expense Reimbursement Report. Expense reimbursement forms shall be completed no less than monthly. Councilmembers shall complete the expense reimbursement form and submit it to Finance, documenting the amount due the Councilmember or city as appropriate. The actual amounts expended shall be written on the form with itemized receipts attached. The completed expense reimbursement form shall be submitted to Finance within 45 days after completing travel. expense reimbursement forms submitted more than 45 days after completing travel shall not be honored. 3. Use of Personal Vehicle a. Reimbursement. Expenses for the use of personally-owned vehicles in the course of city business are reimbursed at the then-current U.S. Government (IRS) rate. Councilmembers who use their personal car for city business shall carry, at a minimum, the Washington state required insurance coverage. Councilmembers shall be responsible for maintaining this coverage at their own cost. b. Passengers. Should more than one Councilmember travel in the same personal vehicle on city business, only the individual owning the vehicle is entitled to reimbursement for transportation. 4. Cancellation A Councilmember shall adhere to cancellation deadlines when canceling conferences, seminars, regional meetings, hotel, and airfare, or any other pre-payment or obligation made on his/her behalf. Except in the case of a personal or family emergency, or in the event the cancellation was a city business decision, expenses incurred by the city resulting from failure to conform to cancellation deadlines are the personal responsibility of the Councilmember, and those expenses shall be repaid to the city within 14 calendar days of the cancellation. F. BALLOT MEASURES: 1. State Law RCW 42.17A 555. State law has enacted statutory prohibitions (with limited exceptions) against the use of public facilities to support or oppose ballot propositions: City of Spokane Valley | Governance Manual | Chapter 2: Legislative Process and Procedure | 2024 DRAFT “No elective official nor any employee of his or her office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition. Facilities of a public office or agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons served by the office or agency. However, this does not apply to the following activities: (1) Action taken at an open public meeting by members of an elected legislative body or by an elected board, council, or commission of a special purpose district including, but not limited to, fire districts, public hospital districts, library districts, park districts, port districts, public utility districts, school districts, sewer districts, and water districts, to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (a) any required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body, members of the board, council, or commission of the special purpose district, or members of the public are afforded an approximately equal opportunity for the expression of an opposing view. (2) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry; (3) Activities which are part of the normal and regular conduct of the office or agency.” \[emphasis added\] 2. City’s Implementation of RCW 42.17A.555 In the city’s implementation of RCW 42.17A.555, the City Council shall not, during any part of any Council meeting, consider requests from outside agencies or individuals, for Council to support or oppose ballot measures; nor shall Council permit any public comment on any past, current, or future possible/proposed ballot issue, whether or not such comments seek endorsement or are just to inform Council of upcoming or proposed ballot issues; nor shall Councilmembers disseminate ballot-related information. 3. Providing Informative Materials to Council The requestor has the option of mailing materials to individual Councilmembers via the United States Postal Office (USPS). Because even the use of email for ballot purposes could be construed as use of public facilities and could be interpreted as being in violation of RCW 42.17A.555, materials should be sent via regular mail through USPS. Information shall be objective only and not soliciting a pro or con position. 4. Public Comment Council has determined that ballot issues (including past, current, or possible/proposed ballot issue) are not the business of the city, and has chosen not to support or oppose ballot issues as those are left to the will of the people voting. The use of any of the city’s facilities including the use of the Council chambers, other meeting location, and/or broadcast system would likely be construed as being in violation of RCW 42.17A.555 and therefore, general public comment on ballot issues, or proposed ballot issues shall not be permitted. (See page Chapter 1, C Public Comments for more specific direction on allowable public comment) City of Spokane Valley | Governance Manual | Chapter 2: Legislative Process and Procedure | 2024 DRAFT A. CITIZEN CONTACT/INTERACTIONS OUTSIDE OF A COUNCIL MEETING 1. Mayor/Council Correspondence Councilmembers acknowledge that in the Council/Manager form of government, the Mayor is recognized by community members as a point of contact. To facilitate full communications, staff shall work with the Mayor to circulate to Councilmembers, copies of emails and written correspondence directed to the Mayor regarding City business. This provision shall not apply to invitations for mayoral comments at various functions, nor requests for appointments or other incidental contact between citizens and the office of the Mayor. 2. Concerns, Complaints and Suggestions to Council When citizen concerns, complaints or suggestions are brought to any, some, or all Councilmembers, the Councilmember should, when deemed appropriate and/or necessary, consult with the city manager to, first determine whether the issue is legislative or administrative in nature and then: i. If legislative, and a concern or complaint is about the language or intent of legislative acts or suggestions for changes to such acts, and if such complaint suggests a change to an ordinance or resolution of the City, the matter may be referred, with Council consensus, to committee, administration, or to the Council for study and recommendation. ii. If administrative, and a concern or complaint regards administrative staff performance, execution of legislative policy or administrative policy within the authority of the City Manager, the Councilmember should then refer the complaint directly to the City Manager for review, if said complaint has not been so reviewed. The City Council may direct that the City Manager brief the Council when the City Manager's response is made. 3. Administrative Complaints Made Directly to Individual Councilmembers a. When administrative policy or administrative performance complaints are made directly to individual Councilmembers, the Councilmember should then refer the matter directly to the city manager for review and/or action. The individual Councilmember may request to be informed of the action or response made to the complaint. However, the city manager shall not be required to divulge information he/she deems confidential, in conformity with applicable statutes, ordinances, regulations, policies or practices. service or administrative appeals which may actually delay a timely customer service response. The best policy is to get the citizen into direct contact with customer service unless an unsatisfactory result has occurred in the past. In that case, refer to the paragraph above. 4. Social Media Councilmembers shall comply with the City Councilmember Social Media Policy which is attached hereto as Appendix H and wholly incorporated herein. 5. Donations On occasion, Councilmembers could be contacted by citizens or businesses regarding donations. See Spokane Valley Municipal Code 3.34. for policy on donations. City of Spokane Valley | Governance Manual | Chapter 3: Council Contacts | 2024 DRAFT B. STAFF CONTACTS AND INTERACTIONS 1. Role of the City Manager The city Manager is the chief administrative officer of the City of Spokane Valley. The city manager is directly accountable to the City Council for the execution of the City Council's policy directives, and for the administration and management of all City departments. The powers and duties of the city manager are defined by Washington law RCW 35A.13.080. Such duties may be expanded by Ordinance or Resolution. Balanced with the city m policy implementation is the need for the Council to allow the city manager to perform legally defined duties and responsibilities without interference by the City Council in the management decisions of the city manager. 2. City Staff Attendance at Meetings a. The City Manager or his/her designee shall attend all meetings of the City Council, unless excused by the Presiding Officer or Council. The city manager shall be responsible to the Council for the proper administration of all affairs of the city. The city manager shall recommend for adoption by the Council such measures as he/she may deem necessary or expedient; prepare and submit to the Council such reports as may be required by the body or as the city manager deems advisable to submit; keep the Council fully advised as to the business of the eity; and shall take part in the eity. (RCW 35A.13.080) city manager schedule adequate administrative support during Council meetings for the business at hand, keeping in mind that the city manager must also protect the productive capability of department directors and of all staff. Required attendance at meetings by city staff shall be at the pleasure of the city manager. 3. City Clerk - Minutes The city clerk, or in the cdeputy city clerk shall keep minutes as required by law and shall perform such other duties in the meeting as may be required by the Council, Presiding Officer, or city manager. In the absence of the city clerk and the deputy city clerk, the city clerk shall appoint a replacement to act as clerk during the Council meeting. The clerk shall keep minutes which identifies the general discussion of the issue and complete detail of the official action or agreement reached, if any. As a rule and when possible and practical, regular meetings, or those Council meetings held at 6 p.m. on Tuesdays, (which includes formal format and study session format) shall be video-recorded. Special meetings shall not normally be video-recorded. Executive Sessions shall not be video or audio recorded. Original, signed and approved minutes shall be kept on file in the City Office and archived according to Washington state record retention schedules. Copies of the approved minutes shall also be posted on the c are approved and signed. Whenever possible, video recordings of Council meetings shall be posted on the c 4. Administrative Interference by Councilmembers Neither the Council nor any of its committees or members shall direct or request the appointment of any person to, or his/her removal from, any office by the city manager or any of his/her subordinates. Except for the purpose of inquiry, the Council and its members shall deal with the administrative branch solely through the city manager and neither the Council nor any committee or member thereof shall give any directives, tasks, or orders to any subordinate of the city manager, either publicly or privately; provided, however, that nothing herein shall be construed to prohibit the Council, while in open session, from fully and freely discussing with the city manager anything City of Spokane Valley | Governance Manual | Chapter 3: Council Contacts | 2024 DRAFT pertaining to appointments and removals of city officers and employees and city affairs. (RCW 35A.13.120.) 5. Informal Communications Encouraged RCW 35A.13.120 should not be construed as to prevent informal communications with city staff that do not involve orders, direction, or are meant to influence actions or administrative policy. Members of the Council are encouraged to interact informally and casually with city staff for the purpose of gathering information, obtaining explanations of policies and programs or providing incidental information to staff relevant to their assignment. Such informal contacts can serve to promote better understanding of specific city functions and problems. However, Councilmembers must be careful in such interaction to avoid giving direction or advice to members of city staff. While maintaining open lines of communication, city staff responding to information requests from Councilmembers shall inform their supervisor of such contact and provide the supervisor with the same information shared with the Councilmember. City of Spokane Valley | Governance Manual | Chapter 3: Council Contacts | 2024 DRAFT A.COMMITTEES, COMMISSIONS AND BOARD OF OUTSIDE ORGANIZATIONS OF WHICH THE CITY IS A MEMBER 1. Appointment, Removal, and Attendance a. Spokane Valley Councilmembers and/or residents who seek representation on any committee, board, or commission for which a representative of the city is required by Washington law or to which the c b. Appointment Process: Any committee, board, commission, task force, etc., requiring Mayoral appointment of committee members, shall also require confirmation by the Council, which shall be by majority vote of those present at the time the vote takes place. By majority vote, Council can reject the appointment. If Council fails to confirm the recommended appointment, the Mayor could either make another recommendation, or the appointment may be postponed to a later date, giving city staff opportunity to further advertise for committee openings. This process also applies to the annual appointment of Councilmembers to Committees and Boards, which is usually done during the first few weeks of January. c. Attendance at Committee/Board meetings: Attendance at these meetings is important so that a assigned Councilmember cannot attend the committee meeting, every effort should be made to give advance notice to the committee alternate to attend in their stead if possible. d. Removal Process of Councilmember. Any Councilmember on any committee, board, commission, task force, etc., requiring Mayoral appointment, may be removed by the Mayor, with confirmation by the Council, which shall be by majority vote of those present at the time the vote takes place. e. Removal Process of Citizen: Any citizen on any committee, board, commission, task force, etc., requiring Mayoral appointment, may be removed by the Mayor, with confirmation by the Council, which shall be by majority vote of those present at the time the vote takes place. Reasons for removal include conflict of interest, unexcused multiple absences, or for those committees which require the appointee to be a Spokane Valley citizen, failure to qualify as to residency. f. A Councilmember or citizen may resign due to conflicts of time or scheduling commitments, or other personal reasons. A vacancy caused by resignation shall be filled as soon as appropriate, but not sooner than two weeks, with notation of such on the advance agenda. g. These committee and commission board appointments, as well as removals, shall be placed as action items on Council meeting agendas, and when possible and practical, will be noted on the Advance Agenda at least two weeks prior to such action. h. If an outside organization committee offers a Councilmember a position on said committee, and the Councilmember accepts the appointment without the official approval of the Mayor which has City of Spokane Valley | Governance Manual | Chapter 4: Committees, Boards, and Commissions | 2024 DRAFT been confirmed by Council, then the Councilmember shall resign from the outside organization committee. If the Councilmember does not so resign, then (1) the Councilmember is prohibited from using city funds or resources for purposes related to their participation on the committee, or to not as a representative of the city or Council; and (3) the Councilmember shall notify said committee in writing that his service thereon is only as a private citizen and not as a representative of the city or Council. The Mayor may also send formal written notification to the outside organization committee that said Councilmember does not have authority to represent the city or Council on said committee. 2. Council Relations with Outside Boards, Commissions and Council Citizen Advisory Bodies to Which They Are Appointed a. The purpose of these appointments is to provide Council with insight into areas of interest or concern within each board. As liaisons and representatives of the city, it is the duty of Councilmembers to remember that their sole purpose in attending these meetings and participating as an appointed board/committee member is to represent the city; and as such during those meetings, Councilmembers may not act as a representative of any other business, group or organization without the express consent of the Council. b. Councilmembers are encouraged to share with all Councilmembers, copies of minutes from any statutory boards, commissions, or committees on which they serve and participate. Communications from such boards, commissions and bodies to the City Council which seek action or feedback, should be acknowledged by the Council, preferably by a letter from the Mayor. Any requests that any such communication be officially answered by the Council, the Presiding Officer may place the matter on an upcoming agenda for a specific Council meeting or take other appropriate action. B. IN-HOUSE COMMITTEES, BOARDS, ETC. 1. The members of standing committees, boards, and/or commissions of the City (collectively -shall be appointed by the Mayor for a time certain (not to exceed the term provided by law or the term of office of the appointing Mayor) with Council confirmation by majority vote. Such appointments are generally made at the first or second meeting in January. The Mayor, with approval by majority vote of those Councilmembers present at the time the vote occurs, has authority to remove and replace members from in-house committees. Following are established in-house committees: a. Planning Commission -- 7 members. There is created the City of Spokane Valley Planning Commission (hereafter referred to as recommendations to the Mayor and City Council for future planned growth through City of Spokane Valley | Governance Manual | Chapter 4: Committees, Boards, and Commissions | 2024 DRAFT continued review of the c shoreline management, environmental protection, public facilities, capital improvements and other matters as directed by the City Council. 18.10.020 Membership A. Qualifications. The membership of the Planning Commission shall consist of individuals who have an interest in planning, land use, transportation, capital infrastructure and building and landscape design as evidenced by training, experience or interest in the city. B. Appointment. Members of the Planning Commission shall be nominated by the Mayor and confirmed by a majority vote of at least four members of the City Council. Planning commissioners shall be selected without respect to political affiliations and shall serve without compensation. The Mayor, when considering appointments, shall attempt to select residents who represent various interests and locations within the city. C. Number of Members/Terms. The Planning Commission shall consist of seven members. All members shall reside within the City limits. Terms shall be for a three-year period and shall expire on the 31st day of December. D. Removal. Members of the planning commission may be removed by the Mayor, with the concurrence of the City Council, for neglect of duty, conflict of interest, malfeasance in office, or other just cause, or for unexcused absence from three consecutive regular meetings. Failure to qualify as to residency shall constitute a forfeiture of office. The decision of the City Council regarding membership on the planning commission shall be final and without appeal. E. Vacancies. Vacancies that occur other than through the expiration of terms shall be filled for the unexpired term in the same manner as for appointments. F. Conflicts of Interest. Members of the planning commission shall fully comply with Chapter 42.23 RCW, Code of Ethics for Municipal Officers; Chapter 42.36 RCW, Appearance of Fairness; and such other rules and regulations as may be adopted from time to time by the City Council regulating the conduct of any person holding appointive office within the city. No elected official or c b. Lodging Tax Advisory Committee - 5 members. The City Council shall establish a lodging tax advisory committee consisting of five members. Two members of the committee shall be representatives of businesses required to collect the tax, and at least two members shall be persons involved in activities authorized to be funded by this chapter. The city shall solicit recommendations from organizations representing businesses that collect the tax and organizations that are authorized to receive funds under this chapter. The committee shall be comprised equally of members who represent businesses required to collect the tax and members who are involved in funded activities. One member of the committee shall be from the City Council. Annually, the membership of the committee shall be reviewed. The Mayor shall nominate persons and the Councilmember for the lodging tax advisory committee with Council confirmation of the City of Spokane Valley | Governance Manual | Chapter 4: Committees, Boards, and Commissions | 2024 DRAFT nominees. Nominations shall state the term of committee membership. Appointments shall be for one- and two- c. Finance Committee- 3 members. The Finance Committee generally consists of three Councilmembers. Meetings are conducted on an as-needed basis as determined by the city manager. Matters that should be addressed by the Finance Committee, include, but are not limited to: i. Authorizing on short notice, approval of change orders that are in excess of the amounts authorized in SVMC 3.35.010(C), in circumstances where such a change order is necessary to avoid a substantial risk of harm to the City. In such an event, the City Manager shall provide appropriate information to the city council at its next regular meeting setting forth the factual basis for the action. ii. D business-related travel expenditures requires the prior authorization of the Finance service on statewide or regional boards, commissions or task forces. iii. A Councilmember shall adhere to cancellation deadlines when canceling conferences, seminars, regional meetings, hotel, and airfare, or any other pre-payment or obligation made on his/her behalf. Except in the case of a personal or family emergency, or in the event the cancellation was a city business decision, expenses incurred by the city resulting from failure to conform to cancellation deadlines are the personal responsibility of the Councilmember and those expenses shall be repaid to the city within fourteen calendar days of the cancellation. This is generally tracked by the city mexecutive assistant. d. Governance Manual Committee 5 - 6 members. This committee usually consists of two or three Councilmembers, the city manager, the city attorney, and the city clerk. The purpose of this Committee is to periodically review the Governance Manual for edits needed for clarity or correction, or to add or edit specific sections by Council consensus, or by request of staff as the need arises. After discussion as a committee, the matter may be scheduled as an administrative report on a future Council agenda. The finalized Governance Manual shall be approved via resolution. All edits, revisions, and additions to the Governance Manual shall be approved via a resolution. All reports to Council regarding adoption of any proposed edits, revisions, and/or additions to the Governance Manual shall be presented by a Councilmember sitting on this committee, who shall be chosen by (a) the Councilmembers on the Committee, or (b) the Mayor if the Committee Councilmembers are unable to agree on the same. This committee should strive to meet quarterly throughout the year, e.g. in February, May, August, and November. e. Agenda Committee Mayor, Deputy Mayor, city manager, city clerk individual invitation, the Mayor may invite a third Councilmember to attend this weekly City of Spokane Valley | Governance Manual | Chapter 4: Committees, Boards, and Commissions | 2024 DRAFT discretion. Other staff may be invited at the discretion of the city manager. As noted in Chapter 1(B)(4), this committee generally meets at a fixed weekly time to review the Council agenda of the upcoming meeting as an opportunity to ask questions and/or request additional materials or research needed for the impending meeting, and to review the Advance Agenda, which is a planning document to aid in scheduling items on future Council agendas. Since this is a standing committee of the Mayor, Deputy Mayor, city manager, and city Clerk, no committee appointments are necessary. f.Public Safety Committee 5- 6 members This is an ad hoc committee that meets on an as-needed basis to discuss and provide input into critical pending public safety issues. With the the extensive number of issues facing the city related to public safety, this committee will allow discussion on issues in a timelier manner and in advance of full city Council discussions. Meetings will be called by the city manager and deputy city manager, and both will attend the committee meetings. This committee will sunset as determined by recommendation from the Mayor, with approval of the Council. 2.When required by law, committee meetings should be open to the public, including the media, unless discussing matters which would qualify for an executive session if discussed within the whole Council. All Council committee meetings shall be for the purpose of considering legislative policy matters, rather than administrative matters unless requested by the city manager. Legislative policy considerations should be brought to the Council unless referred to a committee for pre-study. 3.The Mayor may appoint such other ad hoc advisory committees or liaisons from the Council or community for the purpose of advising the Council in legislative policy matters. All ad hoc conclusion of the assigned task. As with all committee vacancies, ads announcing a vacancy or soliciting membership or participation in a task force or other committee shall be placed on the c website, and in the cial newspaper. C.PRIVATE COMMITTEES, COMMISSIONS, AND BOARDS The Council recognizes there are various other private committees, boards and commissions (, such as Spokane Neighborhood Action Partners (SNAP), which appointments are made by their own board. These boards and committees do not require an appointment by our Mayor or confirmation by our Council but are nonetheless important aspects of our community and we recognize the time commitment any Councilmember may extend as a member of any of those committees and/or boards. As well, Council appreciates hearing a periodic report or update on activities and issues surrounding those boards and committees. However, a Councilmember sitting on such a committee, board, or commission may only participate in their capacity as a private citizen. Councilmembers are prohibited from (a) acting on such City of Spokane Valley | Governance Manual | Chapter 4: Committees, Boards, and Commissions | 2024 DRAFT committees in any capacity as a representative of the city; (b) characterizing, either by omission or affirmative action, their committee participation as being on behalf of or as a representative of the city; and/or (c) using city funds or resources for purposes related to their participation on the committee, or to otherwise further the interests of any committee. City of Spokane Valley | Governance Manual | Chapter 4: Committees, Boards, and Commissions | 2024 DRAFT A.PURPOSE The behavior and actions of individual Councilmembers can affect, both positively and negatively, the perception of the entire Council and public confidence in the Council and the city. Therefore, each Councilmember has a vested interest in promoting the ethical and professional conduct of his/her fellow Councilmembers. In order to foster an environment of ethical and professional conduct by all Councilmembers, the Council has adopted the following process to be implemented in the event a Councilmember(s) is alleged to have violated a provision of: (1)Sections A.1.h, A.2., or C of Chapter 4 of this Governance Manual; (2)the Statement of Ethics attached as Appendix C to this Governance Manual; (3)the Social Media Policy attached as Appendix H to this Governance Manual; (4)Chapter 42.23 RCW (Code of Ethics for Municipal Officers); (5)Chapter 42.30 RCW (Washington Open Public Meetings Act); (6)RCW 42.17A.555 (prohibiting use of public facilities for campaigning); (7)RCW 35A.13.120 (prohibiting interference with administrative/executive staff); (8)paragraph D.1.b herein and set forth below, or (9)other applicable laws and/or regulations governing the conduct of the Councilmembers in their capacity as elected public officials. B.COUNCIL CONDUCT STANDARDS The “Council Conduct Standards” consist of items (1) through (9) described in the immediately preceding section. C.COMPLIANCE REQUIRED All Councilmembers must abide by the above-identified Council Conduct Standards. Any Councilmember alleged to have violated the Council Conduct Standards is subject to the below enforcement provisions. However, said enforcement provisions shall apply only to that conduct occurring after the date Council passed the resolution adopting this Chapter 5 of the Governance Manual. D.ENFORCEMENT PROCEDURE 1.Complaint: Any Councilmember may submit a written complaint to the city manager alleging a fellow Councilmember(s) has violated, during their tenure as an elected Councilmember, one or more provisions of the Council Conduct Standards. The following subsections apply to all such complaints. City of Spokane Valley | Governance Manual | Chapter 5: Council Conduct Standards & Enforcement | Approved April 16, 2024 a.Required Content of Complaint: The written complaint must identify the (i) Councilmember submitting the complaint; (ii) Councilmember alleged to have violated the Council Conduct Standards, (iii) specific Council Conduct Standards alleged to have been violated, and (iv) specific conduct the accused Councilmember is alleged to have committed. To the extent known by the Councilmember submitting the complaint, the complaint shall also identify the following for each alleged violation (i) when the violation occurred, (ii) where and how the violation occurred, (iii) all individuals believed to have witnessed, or otherwise have firsthand knowledge of the alleged conduct, and (iv) documents/records related to the alleged conduct (including the identity of the custodian and the location of said documents/records). If the complaining Councilmember has information or documents/records in their possession that tend to support or discredit the allegations, they must provide the same with the written complaint. b.Frivolous Complaints Prohibited: Councilmembers are prohibited from submitting Frivolous Complaints under this Chapter. If the Investigator (identified in paragraph 2 below) determines during their review/investigation that a Councilmember has submitted a Frivolous Complaint, then the submission of the complaint itself shall be a violation of the Council Conduct Standards subject to discipline under this Chapter 5. “Frivolous Complaint” is defined as a complaint that: (i)contains false allegations, and no facts have been presented or revealed during the investigation of the complaint that would cause an unbiased person, exercising reasonable judgment and discretion, to believe the false allegations were true; and/or (ii)is determined by the Investigator to be unfounded, and the Investigator determines that the Councilmember who submitted the complaint possessed information or physical evidence discrediting the veracity of the allegations but did not provide it to the Investigator. 2.Review/Investigation: Upon receipt of the written complaint, the city manager shall promptly retain an independent third-party attorney (hereinafter “Investigator”) to conduct an independent review and investigate the complaint and allegations therein as follows: a. the complaint alleges an actionable claim. If the Investigator determines that the complaint fails to allege conduct which, when assuming the allegations to be true, constitutes a violation(s) of the Council Conduct Standards, then the complaint shall be considered report to the city manager explaining the basis for The Investigator’s delivery of the written report to the city manager shall close the matter. City of Spokane Valley | Governance Manual | Chapter 5: Council Conduct Standards & Enforcement | Approved April 16, 2024 If the Investigator determines that the complaint alleges conduct which, when assumed to be true for purposes of initial review, constitutes a violation(s) of the Council Conduct Standards, then the Investigator shall conduct a full investigation of the al in the complaint. b.Investigation. The Investigator shall investigate the allegations in the complaint and determine whether, on a more probable than not basis, that the accused Councilmember violated the Council Conduct Standards. The Investigator may use all reasonable and lawful means to investigate the allegations, including but not limited to interviewing witnesses, obtaining documents pertinent to the allegations, and interviewing the Councilmember alleged to have committed a violation(s). Regardless of whether they are the subject of a complaint hereunder, all Councilmembers shall reasonably cooperate with the investigation and make themselves reasonably available to answer questions and provide documents requested by the Investigator. If a subject Councilmember refuses to participate in the investigation or fails to timely deliver documents requested by the investigator, it will be understood that the subject Councilmember does not dispute the complaint. c.Report. After completing the investigation, the Investigator shall provide a written report to the City Manager that contains the following: (a) a summary of the complaint and matter(s) investigated, (b) the steps taken by the Investigator to review and/or investigate the evidentiary bases therefore, (d) a conclusion/determination as to whether the Council Conduct Standards were violated, (e) for each standard violated, Conduct Standard violated and the facts demonstrating the violation occurred, and (e) recommendation(s) as to whether and what corrective action, if any, should be taken under the circumstances. If the Investigator concludes that a Frivolous Complaint was submitted, then the Investigator’s report shall also include the above information regarding the Frivolous Complaint. The city manager shall deliver, without undue delay, a copy of the Investigator’s report to the Councilmember that was the subject of the investigation. If the Investigator’s report determines a Frivolous Complaint was submitted, then a copy shall also be delivered to the Councilmember who submitted the Frivolous Complaint. Delivery by email to the city- deemed to have been completed at the time the email was sent to the Councilmember. 3.Hearing: If the Investigator’s report contains a finding that an accused Councilmember violated one or more Council Conduct Standards (including filing a Frivolous Complaint), then said Councilmember has the right to request a hearing before the city hearing examiner to contest the Investigator’s findings and/or conclusions. City of Spokane Valley | Governance Manual | Chapter 5: Council Conduct Standards & Enforcement | Approved April 16, 2024 a.To request a hearing, the Councilmember found to have violated the Council Conduct Standards (hereafter the “Subject Councilmember”) must deliver a request for hearing to the city Manager by 5p.m. on the seventh (7th) business day following the date the city manager delivered the Investigator’s report to the Subject Councilmember. Delivery of a hearing request shall be by email to the city manager’s official city-issued email address. If a Subject Councilmember fails to timely deliver the hearing request, then it will be understood that the Subject Councilmember does not dispute the Investigator’s findings and conclusions, and the matter shall proceed to the Council Review Meeting identified herein. b.At the hearing, (a) the Investigator shall present the evidence supporting the findings and conclusions in the Investigator’s report, and (b) the Subject Councilmember may present evidence in their defense. The Subject Councilmember may represent themself or retain their own attorney at their own expense. c.The proceedings before the hearing examiner shall be scheduled and conducted as identified in Appendix B of the Spokane Valley Municipal Code. The hearing examiner’s decision is the final decision of the City on the matter. 4.Council Review Meeting: If the hearing examiner determines that no violation occurred, then the decision shall be final, and the matter closed. If the hearing examiner issues a decision finding, on a more probable than not basis, that the Subject Councilmember violated the Council Conduct Standards or filed a Frivolous Complaint, or the Subject Councilmember did not timely request a hearing, then an Executive Session of the Council will be called as soon as practicable to discuss the complaint, the hearing examiner’s findings and/or the Investigator’s report, and potential corrective action by Council (hereinafter referred to as “Council Review Meeting”). However, the Subject Councilmember(s) may insist any discussion of the violation(s) found against her/him take place in a meeting of the Council open to the public, in which case the discussion shall take place in an open public meeting of the Council. Regardless of whether the Council Review Meeting occurs in an Executive Session or open public meeting, the Subject Councilmember(s) shall be provided up to fifteen (15) minutes to speak to the hearing examiner’s findings and conclusions (or Investigator’s report when no hearing is timely requested) during the Council Review Meeting. Following a discussion by the Council of the violation(s), the Council may: a.Take no action. b.In an open public session of the Council, by a majority-plus-one vote of the Council, issue a verbal Reprimand of the Subject Councilmember(s) found to have committed a violation(s). A verbal Reprimand declares the conduct of a Subject Councilmember(s) to be unacceptable but not of such severity as to warrant a Public Censure. Issuance of the verbal Reprimand shall include a description of the violation(s) and the Hearing Examiner’s findings and conclusions. In the case where the Subject Councilmember(s) did not timely request a City of Spokane Valley | Governance Manual | Chapter 5: Council Conduct Standards & Enforcement | Approved April 16, 2024 hearing, then the verbal reprimand shall also include a description of the Investigator’s report. Following the issuance of the verbal Reprimand, the Subject Councilmember(s) found to have committed a violation(s) shall be provided fifteen (15) minutes during the open public meeting to speak to the Hearing Examiner’s findings (and/or Investigator’s report) and/or Council’s disciplinary decision in the following circumstances: (1) the Council Review Meeting occurred in an Executive Session of Council, or (2) the Council Review Meeting occurred in a separate open public meeting prior to the open public meeting at which the discipline is imposed. c.If a majority-plus-one of the Council determines the severity of the violation(s) committed by a Subject Councilmember(s) is of such magnitude, OR that the Subject Councilmember(s) who was previously issued a verbal Reprimand commits subsequent violations, the Council may, in an open public session of the Council: i.By way of a formal resolution adopted by a majority-plus-one vote of the Council, issue a Public Censure of the Subject Councilmember(s) found to have committed a severe or subsequent violation(s). A Public Censure declares that a Subject Councilmember(s) has committed a violation(s) that requires admonishment greater than that provided for in a verbal Reprimand but does not require additional measures be taken. The Public Censure resolution shall include a description of the violation(s) and a copy of the hearing examiner’s findings and conclusions. In the case where the Subject Councilmember(s) did not timely request a hearing, then the resolution shall also include a copy of the Investigator’s report. Following the adoption of the Public Censure resolution, the Subject Councilmember(s) found to have committed a violation(s) shall be provided fifteen (15) minutes to speak to the hearing examiners findings, Investigator’s report, and/or Council’s disciplinary decision, but only in the following circumstances: (1) the Council Review Meeting occurred in an Executive Session of Council, or (2) the Council Review Meeting occurred in a separate open public meeting prior to the open public meeting at which the discipline is imposed. ii.By way of a formal resolution adopted by a majority-plus-one vote of the Council, Remove the Subject Councilmember(s) found to have committed a severe or subsequent violation(s) from his/her Council Committee assignments for a period of time deemed appropriate by a majority-plus-one vote of the Council. The Removal resolution shall include a description of the violation(s) and a copy of the Hearing Examiner’s findings and conclusions. In the case where the Subject Councilmember(s) did not timely request a hearing, then the resolution shall also include a copy of the Investigator’s report. City of Spokane Valley | Governance Manual | Chapter 5: Council Conduct Standards & Enforcement | Approved April 16, 2024 Following adoption of the Removal resolution, the Subject Councilmember(s) found to have committed a violation(s) shall be provided fifteen (15) minutes to speak to the hearing examiner’s findings, Investigator’s report, and/or Council’s disciplinary decision, but only in the following circumstances: (1) the Council Review Meeting occurred in an Executive Session of Council, or (2) the Council Review Meeting occurred in a separate open public meeting prior to the open public meeting at which the discipline is imposed. Nothing herein shall be construed as giving Council authority to remove a Councilmember from their position as a Councilmember. iii.By way of a formal resolution adopted by a majority-plus-one vote of the Council, Remove the Subject Councilmember(s) found to have committed a severe or subsequent violation(s) from her/his (a) Council Committee assignments, AND (b) assignments to non-City boards, committees, or commissions to which the City Mayor has authority to appoint members (with or without Council approval). Said removal shall be for a period of time deemed appropriate by a majority-plus-one vote of the Council. The Removal resolution shall include a description of the violation(s) and a copy of the hearing examiner’s findings and conclusions. In the case where the Subject Councilmember(s) did not timely request a hearing, then the resolution shall also include a copy of the Investigator’s report. Following adoption of the Removal resolution, the Subject Councilmember(s) found to have committed a violation(s) shall be provided fifteen (15) minutes to speak to the hearing examiner’s findings, Investigator’s report, and/or Council’s disciplinary decision, but only in the following circumstances: (1) the Council Review Meeting occurred in an Executive Session of Council, or (2) the Council Review Meeting occurred in a separate open public meeting prior to the open public meeting at which the discipline is imposed. Nothing herein shall be construed as giving Council authority to remove a Councilmember from their position as a Councilmember. Council does not have authority to overrule the hearing ex aminer’s findings of fact or conclusions whether Council Conduct Standards were violated. Council’s role is limited to determining whether and how to discipline the Subject Councilmember. NOTE: The application of one of the remedies described above shall not preclude the application of additional remedies described above or otherwise available at law. Furthermore, certain violations committed by a Councilmember(s) may be subject to prosecution or other legal action pursuant to Washington State law. If a Councilmember does not cease conduct that has been deemed in violation of the Council Conduct Standards, then the Council may direct city administration to pursue legal action to prevent ongoing violations, provided such an action is not prohibited by applicable law. City of Spokane Valley | Governance Manual | Chapter 5: Council Conduct Standards & Enforcement | Approved April 16, 2024 In the event a Councilmember intentionally violates provisions of the Council Conduct Standards which cause harm or damages to the city, then the Council may by affirmative vote seek to recover those damages against the Councilmember on behalf of the city, provided such action is not prohibited by applicable law. 5.Appeal: If the Subject Councilmember had req uested a hearing to contest the Investigator’s findings, then the Subject Councilmember may appeal the Hearing Examiner’s decision and the Council’s disciplinary decision to the Washington Superior Court for Spokane County (“Superior Court”), but only after completion of the Council Review Meeting. The Subject Councilmember must exhaust the available administrative remedies described herein prior to seeking an appeal in the Superior Court. A failure to request a hearing shall result in dismissal of an appeal to Superior Court. Appeal shall be by the Subject Councilmember filing a Petition for Review or other legally sufficient pleading with the Superior Court and delivering a copy of the Petition for Review to the city manager within ten (10) business days after the Council Review Meeting is completed. The manner in which the notice of appeal must be delivered to the city manager is the same as that required for a request for hearing before the city hearing examiner. City of Spokane Valley | Governance Manual | Chapter 5: Council Conduct Standards & Enforcement | Approved April 16, 2024 A.COPIES Councilmembers and the public are highly encouraged to access city documents electronically in order to decrease the amount of paper, toner, ink, etc. used in generating paper documents, thereby lowering city expenditures. Paper documents will always be made available upon request. While Councilmembers are permitted the use of city copy machines, paper, toner, ink, etc., they are limited to no more than a total of ten pages per week in advance of Council meetings. B.OUT-OF-STATE TRAVEL POLICY Out-of-state travel for city business involving more than one day requires Councilmembers to notify the prior approval by a vote of a majority of the City Council during a regular or special City Council meeting. All notifications requests for approval of out-of-state travel should be made sought no later than one week prior to the beginning of the travel. Travel to Idaho or Oregon are exceptions to this provision. C.DRESS CODE POLICY Councilmembers should dress in business attire when publicly representing the City as a Councilmember, including at City Council meetings, during interviews, and when participating in any meetings with external attendees whether at City Hall or another location. Examples of business attire include skirts, dresses, slacks, khakis, trousers, blouses, collared shirts, button-down shirts, sport coats, blazers, and sweaters. Jeans, t-shirts, shorts, athletic wear, or sports clothing are not considered business attire and should not be worn. The exception to business attire may be at community events such as Valleyfest, Spokane Valley Farmers Market, etc. where casual clothing may be more appropriate. D.VOLUNTEERS/LEGISLATIVE ASSISTANTS Councilmembers are required to attend to their own duties and responsibilities and therefore, shall not advertise for or retain volunteer legislative assistants to conduct these duties. This provision is intended to prevent unauthorized access to City systems and facilities. If assistance is needed for certain tasks, Councilmembers are encouraged to discuss their needs with the City Manager, who may provide support depending on the staff’s current workload. City of Spokane Valley | Governance Manual | Chapter 6: General Considerations | 2024 DRAFT APPENDIX A Quasi-Judicial Hearings 1.Purpose Quasi-judicial public hearings involve the legal rights of specific parties, and the decisions made as a result of such hearings must be based upon and supported by the “record” developed at the hearing. Quasi-judicial hearings are subject to stricter procedural requirements than legislative hearings. Most quasi-judicial hearings held by local government bodies involve land use matters, including site specific rezones, preliminary plats, variances, and conditional uses. (MRSC Public Hearings When and How to Hold Them by Bob Meinig, MRSC Legal Consultant August 1998) 2.Specific Statutory Provisions a.Candidates for the City Council may express their opinions about pending or proposed quasi-judicial actions while campaigning, pursuant to RCW 42.36.040, except that sitting Councilmembers shall not express their opinions on any such matter which is or may come before the Council. b.Ex-parte communications should be avoided whenever possible. During the pendency of any quasi-judicial proceeding, no Councilmember may engage in ex-parte communications with proponents or opponents about a proposal involved in the pending proceeding unless the Councilmember: (1) places on the record the substance of such verbal or written communications; and (2) provides that a public announcement of the content of the communication and of the parties’ rights to rebut the substance of the communication shall be made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and his or her elected official if the correspondence is made a part of the record, when it pertains to the subject matter of a quasi-judicial proceeding. (RCW 42.36.060) 3.Actions/Procedures for a Quasi-Judicial Public Hearing See Spokane Valley Municipal Code Appendix C for City Council Appeal Hearing Procedures. City of Spokane Valley | Governance Manual | Appendix A: Quasi-Judicial Hearings | 2024 DRAFT APPENDIX B Resolution 07-019 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 07-019 AMENDED GENERAL POLICY RESOLUTION OF CORE BELIEFS A RESOLUTION OF THE CITY OF SPOKANE VALLEY AMENDING RESOLUTION 03-027, ESTABLISHING A GENERAL POLICY RESOLUTION EMANATING FROM THE CORE BELIEFS OF THE CITY COUNCIL AND COMMUNITY AND SETTING FORTH DUTIES OF BOTH ELECTED AND APPOINTED OFFICIALS OF THE CITY TO HELP GUIDE LEGISLATIVE AND EXECUTIVE DECISIONS TOWARD EFFECTIVE, RESPONSIVE, AND OPEN GOVERNMENT WHEREAS, the City Council of the City of Spokane Valley, as the elective legislative body, is charged with promulgating Ordinances and Resolutions which become the law of the city; and WHEREAS, such Ordinances and Resolutions must provide enforceable provisions subordinate to, and in harmony with, all other applicable federal and state statutes and regulations; and WHEREAS, the City Council desires to provide a clear set of general policy guidelines for the conduct of city government; as set forth below by adding new section 7. The Section 1. Modifying Resolution 03-027 remainder of the resolution 03-027 is unchanged: NOW, THEREFORE, the City Council of the City of Spokane Valley does hereby affirm and resolve that the following core beliefs shall serve as guidelines for the conduct of affairs by all branches of Spokane Valley City Government. Section 1. We believe that Spokane Valley should be a visionary city encouraging its citizens and their government to look to the future beyond the present generation and to bring such ideas to public discussion and to enhance a sense of community identity. Section 2. We believe that elected body decision-making is the only lawful and effective way to conduct the public’s legislative business and that careful observance of a clear set of Governance Coordination rules of procedure can best enhance public participation and decision making. City of Spokane Valley | Governance Manual | Appendix B: Resolution 07-019 Core Beliefs | 2024 DRAFT Section 3.We believe in the City Council as policy leaders of the City. One or more City Councilmembers are encouraged to take the lead, where practical, in sponsoring Ordinances or Resolutions excepting quasi-judicial or other public hearings and the statutory duties of the City Manager as set forth in RCW 35A.13.020. Section 4. We believe in hearing the public view. We affirm that members of the public should be encouraged to speak and be heard through reasonable rules of procedure when the public business is being considered, thus giving elected officials the broadest perspectives from which to make decisions. Section 5. We believe that the City of Spokane Valley’s governance should be known as “user friendly,” and that governance practices and general operations should consider how citizens will be served in the most responsive, effective and courteous manner. Section 6. We believe that the economic and commercial job base of the community should be preserved and encouraged to grow as an alternative to increasing property taxes. We believe it imperative to have an expanded and diverse economic base. Section 7. We believe that Councilmembers set the tone for civic discussion and should set an example by: (a) Setting high standards of decorum and civility. (b) Encouraging open and productive conversation amongst themselves and with the community about legislative matters. (c) Demonstrating respect for divergent points of view expressed by citizens, fellow Councilmembers and the staff. (d) Honoring each other and the public by debating issues within City Hall and the Community without casting aspersions on members of Council, the staff, or the public. (e) Accepting the principle of majority rule and working to advance the success of “corporate” decisions. Section 8. We solicit the City Manager’s support in conducting the affairs of the city with due regard for: (a) Promoting mutual respect between the Citizens, City staff and the City Council by creating the organizational teamwork necessary for effective, responsive and open government. (b) Providing the City Council and public reasonable advance notice when issues are to be brought forward for discussion. (c) Establishing and maintaining a formal city-wide customer service program with emphasis on timely response, a user-friendly atmosphere, and an attitude of facilitation and accommodation within the bounds of responsibility, integrity, and City of Spokane Valley | Governance Manual | Appendix B: Resolution 07-019 Core Beliefs | 2024 DRAFT financial capability of the city, including organizational and job description documents while pursuing “best practices” in customer service. (d) Seeking creative ways to contain or impede the rising cost of governmental services, including examination of private sector alternatives in lieu of governmentally provided services. (e) Providing a database of future projects and dreams for the new City of Spokane Valley so that good ideas from its citizens and leaders are not lost and the status of projects can be readily determined. th Approved by the City Council this 11 day of December, 2007. ATTEST: /s/ DIANA WILHITE______________________ Diana Wilhite, Mayor /s/ CHRISTINE BAINBRIDGE___________ Christine Bainbridge, City Clerk Approved as to form: /S/ MICHAEL F. CONNELLY___________ Office of the City Attorney City of Spokane Valley | Governance Manual | Appendix B: Resolution 07-019 Core Beliefs | 2024 DRAFT APPENDIX C Statement of Ethics SPOKANE VALLEY CITY COUNCILMEMBERS’ STATEMENT OF ETHICS By adoption of the Resolution which adopts this Governance Manual, the Spokane Valley City Councilmembers hereby agree to be bound by the following rules of ethics: 1.DECLARATION OF PURPOSE: Provide guidelines and set high ethicalstandards for Councilmembers to perform their duties in an open, honest, and unbiased manner. Establish procedures for prevention and/or elimination of possible conflicts of interest. Improve and strengthen the public’s perception and trust in their local government. 2.DEFINITIONS: (a)Compensation: Anything of economic value regardless of amount, however designated, which is paid, loaned, advanced, granted, transferred, or gifted, or to be paid, loaned, advanced, granted, transferred or gifted for or in consideration of personal services to any person or that person’s immediate family as that term is defined in RCW 42.17A.005. (b)Contract: Includes any contract or agreement, sale, lease, purchase, or any combination of the foregoing. A contracting party is any person, partnership, association, cooperative, corporation, whether for profit or otherwise, or other business entity which is a party to a contract with a municipality. (c)Confidential Information: Includes any information provided during executive session to any Councilmember (whether written or oral), statements subject to the attorney-client privilege, and information considered exempt from disclosure under RCW 42.23 et seq. and/or the Washington Public Records Act (RCW 42.56 et seq.). 3.PROHIBITED CONDUCT: (a)Acceptance of Gifts: No Councilmember, based upon their position with the City of Spokane Valley, shall receive, accept, take, seek, or solicit, directly or indirectly, anything of economic value regardless of the amount, as a gift, gratuity, or favor from any person or entity outside the City organization. Exceptions to this prohibition are if an item less than $50.00 value is provided to a Councilmember while that person is participating in business related to their position as a Councilmember. Campaign donations made and reported in conformance with Washington law are exempt from this provision. \[RCW 42.23.070\] City of Spokane Valley | Governance Manual | Appendix C: Statement of Ethics | 2024 DRAFT (b)Interest in Contracts, Exceptions: Councilmembers must comply with all applicable provisions of RCW 42.23.030, including but not limited to those provisions prohibiting Councilmembers from being beneficially interested, directly or indirectly, in any contract where the City of Spokane Valley is named as a party to the contract; and preventing Councilmembers from accepting, directly or indirectly, any compensation, gratuity or reward in connection with such contract. This prohibition shall not apply to the exceptions specified in RCW 42.23.030 which are incorporated herein as if fully set forth. (c)Special Privileges Prohibited: Councilmembers are prohibited from using their position as a member of City Council to secure special privileges or exemptions for himself, herself, or others. (d)Conflict of Interest/Incompatible Service: No Councilmember shall engage in or accept private employment or render services for any person, or engage in any business or professional activity when (1) the Councilmember might reasonably expect doing so would require or induce them by reason of their official position to disclose confidential information acquired by reason of their official position, or (2) doing so is otherwise incompatible with the faithful discharge of his/her official duties as a Councilmember. (e)Confidential Information: Councilmembers are prohibited from disclosing confidential information acquired by reason of such official position, nor shall such information be used for the Councilmember’s personal gain or benefit. (f)Inappropriate Councilmember Intervention: Councilmembers shall not intervene or interfere with the administration or operation of the City’s executive branch of government in violation of Chapter 3 of the Governance Manual, paragraphs A.2 - .4 and/or B.3. PERSONAL OR PRIVATE INTERESTS, PUBLIC DISCLOSURE: Any Councilmember who has a financial or other private or personal interest in any ordinance, resolution, contract, proceeding, or other action pending before the City Council or any of its committees, shall promptly disclose such interest at the first public meeting when such matter is being considered by the City Council, and a summary of the nature of such interest shall be incorporated into the official minutes of the City Council proceedings. Any Councilmember who feels disqualified by reason of such interest in any matter before the City Council, shall make a public statement and disclose the reasons why that Councilmember feels disqualified, and state that they are recusing themselves from the issue, and with permission of the Presiding Officer, will leave the meeting place until such time as the issue at hand has been disposed of in the regular course of business. City of Spokane Valley | Governance Manual | Appendix C: Statement of Ethics | 2024 DRAFT APPENDIX D Frequently Used Acronyms AACE American Association of Code Enforcement GAAP Generally Accepted Accounting Principles ADA Americans with Disabilities Act GASB Governmental Accounting Standards Board ADT Average Daily Traffic GIS Geographic Information System ATF Bureau of Alcohol, Tobacco and Firearms GMA Growth Management Act AWC Association of Washington Cities GPM Gallons Per Minute BOCC Board of County Commissioners HOV High-Occupancy Vehicle CAFR Comprehensive Annual Financial Report HR Human Resources CDBG Community Development Block Grant HUD Department of Housing & Urban Development CIP Capital Improvement Plan ICMA International City/County Management Assoc. CM City Manager L&I Department of Labor and Industries CMAQ Congestion Mitigation and Air Quality Program LID Local Improvement District CTR Commute Trip Reduction (legislation)MGD Million Gallons per Day CUP Conditional Use Permit MOA Memorandum of Agreement DEIS Draft Environmental Impact Statement MOU Memorandum of Understanding DEM Department of Emergency Management MPO Metropolitan Planning Organization DNR Department of Natural Resources MRSC Municipal Research Services Center DNS Declaration of Non-Significance NEPA National Environment Policy Act DOC Department of Commerce NIMBY Not In My Backyard DOE Department of Ecology; Department of Energy NPDES National Pollutant Discharge Elimination System DOT Department of Transportation (also WSDOT)PE Preliminary Engineering; Professional Engineer E911 Enhanced 911 PERC Public Employment Relations Commission EA Environment Assessment PMS Pavement Management System EDC Economic Development Council PPE Personal Protective Equipment EEO/AA Equal Employment Opportunity/Affirmative Action PPM Parts Per Million; Policy & Procedure Manual EEOC Equal Employment Opportunity Commission PUD Public Utility District EIS Environmental Impact Statement PW Public Works EOE Equal Opportunity Employer QA Quality Assurance EPA Environmental Protection Agency RCW Revised Code of Washington ERU Equivalent Residential Unit* REET Real Estate Excise Tax ESU Equivalent Service Unit**RONR Roberts Rules of Order Newly Revised F&WS Federal Fish & Wildlife Service ROW Right of Way FAA Federal Aviation Administration SAO State Auditor’s Office FCC Federal Communications Commission SBA Small Business Administration FEIS Final Environmental Impact Statement SEPA State Environmental Policy Act FEMA Federal Emergency Management Agency SMA Shorelines Management Act FICA Federal Insurance Contribution Act SWAC Solid Waste Advisory Committee FIRM Flood Insurance Rate Maps TIB Transportation Improvement Board FLSA Fair Labor Standards Act TMDL Total Maximum Daily Load FMSIB Freight Mobility Strategic Investment Boart UBC Uniform Building Code FY Fiscal Year UFC Uniform Fire Code UGA Urban Growth Area WHO World Health Organization WAC Washington Administrative Code WSDOT Washington State Department of Transportation WACO Washington Association of County Officials WSP Washington State Patrol Washington Utilities & Transportation Commission WCIA Washington Cities Insurance Authority WUTC WCMA Washington City/County Management Assoc.WWTP Wastewater Treatment Plant *for measuring water-sewer capacity and demand **for measuring stormwater utility fees City of Spokane Valley | Governance Manual | Appendix D: Frequently Used Acronyms | 2024 DRAFT APPENDIX E CITY OF SPOKANE VALLEY 10210 E Sprague Avenue Spokane Valley WA 99206 (509) 720-5000 APPLICATION FOR INTERIM COUNCIL POSITION Thank you for your interest in serving the Spokane Valley community as an Interim Council Member. An Interim Council Member is the term used for someone to serve in a vacated council position until that vacated position can be filled as a result of the next general municipal election (held odd years) \[RCW 42.12.070\] To be considered, applicants must use this form. Applications shall be completed, signed, and received at the City Clerk’s office, 10210 E. Sprague Avenue, Spokane Valley WA no later than ________ p.m. on _____________________ (late arriving applications will not be considered). Applications may be hand-delivered or mailed. Faxed or e-mailed applications will not be accepted because the original application with the original signature must be received by the City. During the interview process, current Councilmembers will ask applicants several questions on a variety of topical subjects, which could include but are not limited to: budget, pavement preservation, transportation, infrastructure, public safety, economic development, planning and development, open space, familiarity with Council meetings, Open Public Meetings Act, Public Records Act, and Council/Manager form of government. Name (please print): _____________________________________________________________________ Complete Residence Address: _____________________________________________________________ Complete Mailing Address (if different from above) Length of Time at current Address U.S. Citizen? \[ \]yes \[ \]no WA State Registered Voter? \[ \]yes \[ \]no If you have lived at your current address less than one year, please list your previous addresses and state how long you lived at those residences: Complete Previous Address Length of Time at this Address City of Spokane Valley | Governance Manual | Appendix E: Application for Council Member | 2024 DRAFT Which is your preferred way for us to contact you: \[Note: If you have an unlisted phone number, or do not wish your e-mail address made public, do not include that information. Once this document is submitted to the City, it becomes subject to public disclosure.\] \[ \] Home Phone __________________ \[ \] work phone ______________________ \[ \] Cell Phone ______________________ \[ \] other message phone _______________ \[ \] e-mail address: (please print plainly): _____________________________________________________ \[ \] regular mail to residence or mailing address shown above EMPLOYMENT: Start with most recent 1.\[ \] present \[ \] previous Name of Employer: Address: Phone: Position held: Dates of Employment: 2.\[ \] present \[ \] previous Name of Employer: Address: Phone: Position held: Dates of Employment: 3.\[ \] present \[ \] previous Name of Employer: Address: Phone: Position held: Dates of Employment: City of Spokane Valley | Governance Manual | Appendix E: Application for Council Member | 2024 DRAFT EDUCATION: Name of High School _____________________________ Address: _______________________________ Diploma or GED: \[ \] yes \[ \] no Trade School/College/University: Name of School _____________________________ Address: ___________________________________ Diploma: \[ \] yes \[ \] no Degree or Certification Earned: ___________________________ Trade School/College/University: Name of School _____________________________ Address: ___________________________________ Diploma: \[ \] yes \[ \] no Degree or Certification Earned: ___________________________ Other Certifications/Licenses: VOLUNTEER EXPERIENCE: name of social, fraternal, organizations, etc. 1.\[ \] current \[ \] previous_________________________________________________________________ 2.\[ \] current \[ \] previous_________________________________________________________________ 3.\[ \] current \[ \] previous_________________________________________________________________ 4.\[ \] current \[ \] previous_________________________________________________________________ 5.\[ \] current \[ \] previous_________________________________________________________________ LOCAL, STATE OR NATIONAL PROFESSIONAL ORGANIZATIONS, INCLUDING GOVERNMENT BOARDS, COMMITTEES, OR COMMISSIONS 1.\[ \] current \[ \] previous_________________________________________________________________ 2.\[ \] current \[ \] previous_________________________________________________________________ 3.\[ \] current \[ \] previous_________________________________________________________________ 4.\[ \] current \[ \] previous_________________________________________________________________ 5.\[ \] current \[ \] previous_________________________________________________________________ 1.Are you a registered voter in the City of Spokane Valley? Yes \[ \]No \[ \] 2.Have you continuously resided within the city limits of the City of Spokane Valley for a year or more? (State law requires a councilmember to be a resident of Spokane Valley for at least a year prior to appointment, and to be a registered voter at the time of application.) Yes \[ \] No \[ \] City of Spokane Valley | Governance Manual | Appendix E: Application for Council Member | 2024 DRAFT 3. Have you ever been convicted of anything other than a minor traffic infraction? Yes \[ \]No \[ \] 4. If you answered “YES” to #3 above, please explain: 5. Do you or your spouse or any immediate family member (spouse, children, siblings, parents) have a financial interest in, or are you an employee or officer of any business or agency which does business with the City of Spokane Valley? Yes \[ \] No \[ \] If yes, please explain: 6. Is any member of your immediate family currently employed, either full time or part time, by the City of Spokane Valley, or currently perform any volunteer work for the City of Spokane Valley? Yes \[ \] No \[ \] If yes, please explain: 7. Would your appointment create a conflict of interest or an appearance of a conflict of interest? Yes \[ \] No \[ \] If yes, please explain: 8. Why are you interested in serving in this position? 9. What do you feel is the primary responsibility of a Councilperson? ______________________________________________________________________________________ ______________________________________________________________________________________ City of Spokane Valley | Governance Manual | Appendix E: Application for Council Member | 2024 DRAFT 10. Have you ever attended a live meeting of the Spokane Valley City Council? Yes \[ \] No \[ \] If yes, give an estimate of how many meetings you have attended in the past twelve months: ___________________ 11. Appointment to the City Council will require your attendance at regularly scheduled Council meetings, which generally occur on Tuesday evenings, as well as other special meetings that may be scheduled from time to time. This meeting commitment includes preparation time, such as reading the Council packet materials. Councilmembers also participate on various boards and committees (such as Spokane Transit Authority, Visit Spokane, Health Board, etc.) as assigned by the Mayor and confirmed by Council. Many of these groups meet during regular work hours. Can you commit the appropriate time and energy to participate as an interim member of the Spokane Valley City Council? Yes \[ \] No \[ \] City of Spokane Valley | Governance Manual | Appendix E: Application for Council Member | 2024 DRAFT 12. References: Please list name, address and phone number: 1. _____________________________________________________________________________ 2. _____________________________________________________________________________ 3. _____________________________________________________________________________ Once submitted, applications and related materials become a public record subject to public disclosure, and could be included in Council agenda packets. Selection of the applicant must be approved by a majority vote of the remaining Councilmembers. No City officer shall hold any other office or employment within the Spokane Valley City government. By signing this application, I certify under penalty of perjury, that such appointment would not represent a conflict of interest or an appearance of a conflict of interest; that I recognize this application is subject to public disclosure; and that the information entered hereon by me is true and correct to the best of my knowledge and belief. ________________________________________________________ Signature Date Signed City of Spokane Valley | Governance Manual | Appendix E: Application for Council Member | 2024 DRAFT APPENDIX F CITY COUNCIL 10210E Sprague Avenue | Spokane Valley WA 99206 Phone: (509) 720-5000 | Fax: (509) 720-5075 | www.spokanevalley.org Request to transfer travel/mileage/registration budgets between Councilmembers Requests must be approved by the Councilbefore funds are transferred. Date approved: Transfer fromTransfer to Councilmember’s nameCouncilmember’s name Budget CategoryAmountBudget CategoryAmount SignatureDateSignatureDate I, the Mayor of the City of Spokane Valley, certify that this request was approved by the City of Spokane Valley Council of the date identified above. Signature Date City of Spokane Valley | Governance Manual | Appendix F: Transfer Travel Allocation | 2024 DRAFT APPENDIX G Definitions Action All transactions of a governing body’s business, including receipt of public testimony, deliberations, discussions, considerations, reviews, and evaluations, as well as “final” action. \[RCW 42.30.010, 42.30.020(3)\]. Codified The process of forming a legal code (i.e., a municipal code or book of laws) by collecting and including the laws of a jurisdiction or municipality. Consensus A collective judgment or belief; solidarity of opinion: “The consensus of the group was that they should meet twice a month. General agreement or harmony. \[Random House Webster’s College Dictionary, April 2001\] \[Wikipedia: explains it as a group decision making process, or Does anyone object?\] It is not unanimity, but more a process for deciding what is best overall. Members of the group reach a decision to which they consent because they know it is the best one overall. It differs from voting which is a procedure for tallying preferences. It does not require each member of the group to justify their feelings. \[Taken from: Consensus Is Not Unanimity: Making Decisions Cooperatively, by Randy Schutt.”\] Similar to a type of verbal “show of hands” on who feels particularly strong on this?” Sometimes thought of as preliminary approval without taking final “action.” A show of hands is not an action that has any legal effect. \[“Voting and Taking Action in Closed Sessions” by Frayda Bulestein.\] Ex-parte From a one-sided or partisan point of view; on the application of one party alone. An ex-parte judicial proceeding is conducted for the benefit of only one party. Ex-parte may also describe contact with a person represented by an attorney, outside the presence of the attorney. Immediate Family Includes a spouse or domestic partner, dependent children, and other dependent relatives, if living in the household. For the purposes of the definition of "intermediary" in this section, "immediate family" means an individual's spouse or domestic partner, child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half-sister of the individual and the spouse or the domestic partner of any such person and a child, stepchild, grandchild, parent, stepparent, grandparent, brother, half-brother, sister, or half-sister of the individual's spouse or domestic partner and the spouse or the domestic partner of any such person (RCW 42.17A.005(24)). City of Spokane Valley | Governance Manual | Appendix G: Definitions | 2024 DRAFT Motion An enacted motion is a form of action taken by the Council to direct that a specific action be taken on behalf of the municipality. Once approved and entered into the record, is the equivalent of a resolution in those instances where a resolution is not required by law, and where such motion is not in conflict with existing state or federal statutes, City ordinances or resolutions. Ordinance An enacted ordinance is a law passed \[enacted\] by a municipal organization legislatively prescribing specific rules of organization or conduct relating to the corporate affairs of the municipality and those citizens and businesses therein. Council action shall be taken by ordinance when required by law, or where prescribed conduct may be enforced by penalty. Special ordinances such as adopting the budget, vacating a street, amending the Comprehensive Plan and/or Map, and placing a matter on an election ballot, including general obligation bonds, are not codified into the City’s municipal code. Resolution An enacted resolution is an administrative act which is a formal statement of policy concerning matters of special or temporary character. Council action shall be taken by resolution when required by law and in those instances where an expression of policy more formal than a motion is desired. Regular Meeting Any Council meeting that meets on a Tuesday at 6:00 p.m. shall be deemed a “regular meeting.” Social Media A term used to define the various activities that integrate technology, social interaction and content creation. Through social media, individuals or collaborations of individuals create on-line web content, organize content, edit or comment on content, combine content, and share content. Includes many technologies and forms including syndicated web feeds, weblogs (blogs), wiki, photo-sharing, video-sharing, podcasts, and social networking. (From MRSC, and Social Media and Web 2.0 in Government, WebContent.gov) City of Spokane Valley | Governance Manual | Appendix G: Definitions | 2024 DRAFT APPENDIX H Councilmember Social Media Policy OFFICIAL COUNCILMEMBER-SPECIFIC SOCIAL MEDIA ACCOUNTS Councilmembers may choose to create and maintain a Councilmember-specific social media account, such as on Facebook, X (formerly Twitter) and/or Instagram, to communicate with constituents as part of their Councilmember role. When doing so, Councilmembers agree to the following guidelines: Requirements: 1.Before setting up a social media account on any given platform, you must receive written verification from the city’s IT manager that the social media platform is sufficiently compatible with the city’s social media archiving platform to assure that all content, including posts and comments, is archived for public records retention. Such verification may be by email from the IT manager to you. If the IT manager does not provide the above verification, then you are not able to establish a Councilmember-specific account on that particular social media platform. 2.Create the account using your @SpokaneValleyWA.gov email alias. On Facebook, per Facebook policy, create a ‘page’ from your personal ‘profile’. 3.When creating Councilmember accounts, include: Title including your official role of “Councilmember” in the name (Ex. Councilmember first last name) Category of “Government Official” Identifiable, official Councilmember photo (can be provided by city staff) Disclaimer, “All content is mine and does not represent the views of the Spokane Valley City Council or City of Spokane Valley.” 4.Familiarize yourself with and adhere to the City of Spokane Valley Social Media Policy, outlined in Administrative Policy and Procedure No. 300.020 Communications Policy. 5.Contact the city’s IT manager regarding your new account(s) and provide the account handles. The IT manager or designee will associate your account with the city’s social media archiving platform, currently Page Freezer, to ensure that all content, including posts and comments, is archived for public records retention. Content may be public record if it relates to the conduct of government or the performance of your office. Costs for the social media archiving platform shall be deducted from each Councilmembers’ individual annual budgets. 6.Be aware that the Open Public Meetings Act (OPMA) applies to social media/electronic platform interactions between elected officials just as it does to in-person or phone interactions. Please do not have a discussion of agency business publicly or privately on City of Spokane Valley | Governance Manual | Appendix H: Social Media Policy | 2024 DRAFT social media, because if it constitutes a quorum, you may be in violation of the OPMA. An OPMA prohibited meeting may be deemed to have occurred electronically when a quorum is ultimately involved and a discussion of city business occurs. 7.Be aware that all posts, comments and content are public records when they are set forth on an official city account and may constitute speech protected by the constitutions of Washington and the United States of America. Councilmembers shall Do not delete their posts, comments or content. Posts, comments or content of third parties on Councilmember’s official social media accounts shall not be deleted unless the content at issue they violates the city’s Social Media Policy as outlined in Administrative Policy and Procedure No. 300.020 Communications Policy. 8.The Council desires to ensure Council remains in compliance with the OPMA. The Council therefore agrees that this policy prevents any individual Councilmember from (a) following another Councilmember’s social media accounts, and (b) engaging (such as liking, sharing, and commenting) on any fellow Councilmember’s social media pages. 9.A Councilmember shall not post content on any social media platform regarding the City (including but not limited to city business, projects or programs) that they know or should know is factually false at the time said content was posted. A Councilmember shall not cause others to post content on social media platforms that the Councilmember knows or should know is factually false. If a Councilmember posts factual information on a social media platform that they believed was accurate at the time of posting but later becomes aware that the information is false, then they shall correct the false statements immediately after they become or should have become, aware that the information is false. Such correction shall be completed by editing the original post clearly identifying the update or posting a new message on the same social media platform t information within the post, and (3) if known, the accurate factual information. Whether and/or when a Councilmember knew or should have known information is false is determined using the “reasonable person” standard. That is, a Councilmember “should have known” the information to be false when a reasonable person, under the same or similar circumstances, would have understood that the information is false. 10.Once a Councilmember term ends, close the page. All records will be archived through the city’s archiving platform. Recommendations: 11.For best practices, post regularly (suggested minimal post of once per week). Accounts that are not actively used should be closed or hidden. 12.Keep your followers informed of city events, projects and opportunities to get involved and inform city decision-making by sharing City of Spokane Valley social media messages. City of Spokane Valley | Governance Manual | Appendix H: Social Media Policy | 2024 DRAFT PERSONAL OR CAMPAIGN SOCIAL MEDIA ACCOUNTS OF INDIVIDUAL COUNCILMEMBERS Councilmembers who maintain a personal or campaign social media account shall: 1.Use a personal or campaign email alias. Do not use an @SpokaneValleyWA.gov alias to set up and manage any personal or campaign account. State law prohibits the use of official city accounts for campaign purposes so all campaign-related social media communications must be made on personal or campaign accounts. Campaign purposes include supporting or opposing any candidate for public office and supporting or opposing any ballot proposition. 2.Post a disclaimer on your personal account that identifies the account purpose and that the opinions expressed are your own. 3.Not write posts on personal or campaign accounts that relate to the conduct of city government or the performance of your office. Merely posting Council agendas or information regarding city events or providing general information regarding the City’s activities is not conducting city business and will not convert your personal post or the posts of others into public records. Personal communications that are not related to the conduct of government or the performance of your office are not public records. However, if you use your personal account to transact city business, any posts or comments generated in doing so may be public records. 4.Not link private or campaign accounts to a city account, with the exception of Facebook requirements for setting up a Facebook page. 5.Refrain from discussing personal accounts in public meetings or documents. 6.Not use city devices to maintain or access private accounts. Resources City of Spokane Valley Social Media Policy Association of Washington Cities social media guidelines for elected officials MRSC social media policies City of Spokane Valley | Governance Manual | Appendix H: Social Media Policy | 2024 DRAFT INDEX Public Censure A Acronyms Purpose Attendance Report Required Content of Complaint Absences, Excused Absences, UnexcusedReprimand At Agenda CommitteeReview/Investigation City Staff at Council Meetings Council Contacts In Executive SessionAdministrative Complaints to Councilmembers Leave of Absence Administrative Interference by Councilmembers On Committees, Commissioners, BoardsCitizen Concerns, Complaints & Suggestions Remote Meeting AttendanceCity Clerk: Minutes City Staff Attendance at Meetings Donations B Ballot Measures Informal Communications Encouraged Implementation of RCW 42.17A.555Mayor/Council Correspondence Providing Informative Materials to CouncilRole of the City Manager Public CommentSocial Media State Law RCW 45.17A.555 Council Meetings Bias For or Against a Proposed Action Adjournment Due to Emergency or Disruption Branches of city government Approaching the Dais Administrative Branch –City Manager/City StaffAttendance Legislative Branch –City CouncilCancellation of Meetings Community Recognition Program C Council Materials/Packets Committees, Boards, Commissions Council Rules of Order Agenda CommitteeDissents and Protests Appointment, Removal, and AttendanceEmergency Meetings Council Relations with Boards, CommissionsExecutive Sessions Finance CommitteeHearings Governance Manual CommitteeInternet Use Lodging Tax Advisory CommitteeMotions and Discussion Planning CommissionOpen to the Public Public Safety CommitteeOrdinances Copies Out of Order (sequence) Requests Core Beliefs Parliamentary Procedure at a Glance Conflict of Interest –Contracts Permission Required to Address the Council Council Conduct Standard and Enforcement Photographs, Videos, etc., Permission Required AppealPlacing Items on a Future Agenda ComplaintPresiding Officer Council Review MeetingProclamations Council Conduct StandardsPublic Comments Enforcement ProcedureQuorum Frivolous Complaints ProhibitedReconsideration HearingRecusal from Discussion and Consideration Initial Review for SufficiencyRegular Meetings: Formal Format InvestigationRegular Meetings: Study Session Format Majority-plus-one voteRemote Participation City of Spokane Valley | Governance Manual | Index | Approved April 16, 2024 Resolutions Purpose of City Government Respect and Decorum Seating Arrangement Q Special Meetings Quasi-Judicial Hearings Taxes: Increasing or Imposing New Taxes Three-Touch Principle S Time and Location Social Media Policy VotingDefinition Council Travel Official Councilmember-Specific Social Media Allowable Travel ExpensesPersonal or Campaign Social Media Accounts Cancellation Council Travel Allocation V Non-Reimbursement/Prohibition of Travel Expenses Volunteer/Legislative Assistants Out-of-State Travel Payment of Expenses Transfer travel/mileage Councilmember budgets Travel Approval and Expense Use of personal vehicle D Dress Code Policy E Election of Officers Ethics F Filling Council Vacancies General Process Interview Questions Nomination/Voting Process to Select Applicant Nomination Options for Conducting Interviews Seating of New Councilmember I Interim Council Position Application L Legislative Branch, City Council Legislative Process and Procedures O Obligations, of city Outside Requests for Agenda Items Out-of-State Travel P Presentations from Outside Entities/Individuals Priorities, of city Private Committees, Commissions and Boards Prohibited Acts Public Meetings not Called by the City City of Spokane Valley | Governance Manual | Index | Approved April 16, 2024 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 24-006 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, REPEALING AND REPLACING THE CITY OF SPOKANE VALLEY GOVERNANCE MANUAL. WHEREAS,written rules of procedure regarding how the City Council conducts its policy- making business for the City best ensure an atmosphere conducive to efficiency, uniformity and consistency; and WHEREAS, therules andproceduresadopted by the Council for conducting the policy- making business of the City need to be amended periodically to reflect changes in the law and practice of the Council. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Council last amended the City of Spokane Valley Governance Manual via Resolution 23-014 (hereinafter “Governance Manual”) on December 19, 2023. Section 2. The Council hereby repeals the aforementioned Governance Manual in its entirety, and replaces it with “City of Spokane Valley Governance Manual”, which contains Appendices to that Manual, all of which are attached hereto and incorporated herein. Section 3. Effective Date. This Resolution shall be in full force and effective upon adoption. th Adopted this 16 day of April, 2024. ATTEST: Marci Patterson, City Clerk Pam Haley, Mayor Approved as to Form: Office of the City Attorney Resolution 24-006 Governance Manual CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 16, 2024 Department Director Approval: Check all that apply: consent old business new business public hearing informationadmin. reportpending legislationexecutive session AGENDA ITEM TITLE: Clean Building Requirements and Potential Grant Opportunity GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: Governor Inslee signed the Clean Building Law (H.B. 1257) in 2019 and Senate Bill 5722 in 2022. The Department of Commerce (Commerce) developed energy performance standards for non- residential buildings. Tier 2 buildings have a gross area between 20,000 and 50,000 square feet (sq ft). Tier 1 buildings have a gross area that exceeds 50,000 sq ft. These requirements apply to three city-owned buildings: CenterPlace (56,055 sq ft), City Hall (65,299 sq ft) and the Police Precint (22,010 sq ft). Compliance dates for the city’s Tier 1 and Tier 2 buildings are June 1, 2028, and June 1, 2027, respectively. These standards implement the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standard 100-2018. WAC 194-50-001. The law aims to reduce carbon pollution caused by non-residential buildings by establishing energy use intensity targets (EUIt) specific to Washington. The law has the added effect of requiring buildings to efficiently use energy saving measures. There are several preliminary steps required for compliance. First, the City must conduct a benchmark for Tier 1 buildings which is the process of measuring and tracking energy use. This process is intended to document building characteristics and energy consumption so it can be compared to similar buildings. This must be done using at least 12 consecutive months of data. The benchmark was completed for City Hall and CenterPlace and indicates that City Hall meets the required target, however, CenterPlace does not. An energy audit will be required for CenterPlace to determine the most cost effective measures to achieve the required target. The audit is estimated to cost $40,000. For Tier 1 and Tier 2 buildings, the City also has to establish and implement an operation and maintenance (O&M) program. The purpose of this program is to preserve the life of energy systems. The O&M program must be implemented at least 12 months prior to the compliance date. Concurrently, the City must establish an energy management plan which identifies energy efficiency measures that will enable the building to meet its target energy use. The energy management plan establishes energy efficiency measures to reach and maintain compliance, develops a replacement schedule of key assets, establishes training plans. The estimated cost of developing the O&M program and energy management plan is estimated to cost $10,000 to $15,000 per building. Staff is exploring two potential funding opportunities that can help offset the cost of the audit and other required plan: Energy Efficiency Revolving and Conservation Formula (EERCF) Program and the State Department of Commerce (Commerce) Clean Building Audit Incentive Program. Page 1 of 2 Applications for the EERCF program are due on April 30, 2024. Commerce is accepting applications until April 20, 2025 contingent on funding availability. Staff estimates both applications can be prepared in one week. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Council consensus to return on April 23, 2024 for a motion consideration authorizing the city manager to submit the grant applications. BUDGET/FINANCIAL IMPACTS: The 2024 budget does not include funding to comply with the Clean Building requirements. The initial estimate to complete an audit for CenterPlace and developing the O&M program and energy management plan is estimated to cost $85,000. The ongoing costs to implement the Clean Building requirements will be determined when the O&M program, energy management plan and audit are completed. STAFF CONTACT: Gloria Mantz, City Services Administrator ATTACHMENTS: Presentation Page 2 of 2 Agenda Background Clean Building Requirements Clean Building Requirements Clean Building Requirements Early Adopter Incentive Program Budget Impacts Potential Grant Opportunity Potential Grant Opportunity RegularMeeting Minutes Spokane Valley Planning Commission Spokane Valley City Hall March 28, 2024 I. Chairman Bob McKinley called the regular meeting to order at 6:00 p.m. The meeting was held in person and via ZOOM meetings. II. The Commissioners and staff stood for the Pledge Of Allegiance. III. Administrative Marianne Lemons took attendance, and the following members and staff were present: Susan Delucchi Tony Beattie, Senior Deputy City Attorney Bob McKinley Chaz Bates, Planning Manager John Robertson Lori Barlow, Senior Planner Vadim Smelik, absent Levi Basinger, Associate Planner Justin Weathermon Justan Kinsel, IT Specialist Dan Wilson Marianne Lemons, Administrative Assistant There was consensus from the Commission to excuse Commissioner Smelik. Commissioner Robertson arrived at 6:03 p.m. IV. AGENDA: Commission Wilson moved,and it was seconded to approve the meeting agenda for March 28, 2024, as submitted. There was no discussion. The vote on the motion was five in favor, zero against, and the motion passed. V. MINUTES:Commissioner Delucchi moved, and it was seconded, to approve the March 14, 2024, minutes as presented. There was no discussion. The vote on the motion was five in favor, zero against, and the motion passed. VI. COMMISSION REPORTS: There were no Commissioner reports. VII. ADMINISTRATIVE REPORT: Planning Manager Chaz Bates reported that MichaelKelly has been appointed to the vacant position on the Planning Commission. He also stated that a representative from Spokane Transit Authority will be providing a presentation on their ten-year comprehensive plan at the first meeting in April. VIII. PUBLIC COMMENT: There was no public comment offered. 03-28-2024 Planning Commission Minutes Page 2 of 3 IX. COMMISSION BUSINESS: a. Findings of Fact: 2024 Annual Comprehensive Plan Amendments Planner Levi Basinger provided a brief overview of the Findings of Fact for the 2024 Annual Comprehensive Plan Amendments (CPA-2024-0001 & CPA-2024-0002), explaining how they formalize the Commission’s recommendations made after receiving public comment during the public hearing and Planning Commission deliberations. Commissioner Delucchi moved, and it was seconded to approve the Findings of Fact for STV-2024- 0001 as presented. There was no discussion. The vote on the motion was five in favor, zero against, and the motion passed. b. Public Hearing: STV-2024-0001 –Girard and Lily Street Vacations The Public Hearing was opened at 6:11 p.m. Senior Planner Lori Barlow gave a staff presentation. She explained that a street vacation is the complete or partial abandonment or termination of the public right to use a street, highway, or public service easement. She stated that STV-2024-0001 is a privately initiated street vacation request to vacate the south 60’ X 80’ of Girard Road and the south 60’ X 95’ of Lily Road lying north of I-90 and south of Boone Avenue. Ms. Barlow stated that the large public hearing notice signs were posted on each end of the area to be vacated, posted in City Hall and on the City website. A written notice was mailed to the property owners abutting the vacated area and the notice was published in the Valley Herald and the thth Exchange newspapers on March 18& March 25, 2024. The City did not receive any public comment from that notice. Ms. Barlow said that James Boone, LLC has requested the street vacation of Lily and Girard to expand the operation area for the existing landscape materials business. The adjacent property owner Avodah, LLC has signed the application, authorizing James Boone, LLC to represent their interests. James Boone, LLC and Avodah, LLC own the adjacent property to the ROW requested to be vacated. Both properties are paved but do not have curbs, gutters, or sidewalks. Ms. Barlow stated that staff has reached out to utilities and service providers regarding the proposal. Avistacommented that they have a gas line in the Girard right of way (ROW) and required a 10’ wide utility easement centered on all services. Spokane County Water District #3 commented that they have a water mainline in Girard ROW and requested a 20’ wide utility easement centered over existing utilities. Spokane County Environmental Services commented that they have sewer lines in Girard and Lily ROW’s and requested a 20’ easement centered over existing utilities. These requests are included as conditions of approval in the staff report. Lumen commented that they have a pedestal located near the Girard property line and Comcast commented that they have aerial cable facilities outside the STV area; however, they did not request easement access. 03-28-2024 Planning Commission Minutes Page 3 of 3 Ms. Barlow explained that the Fire Department commented that they would like to maintain access to residences if retained or adequate access provided to the commercial site, an on-site turn-around to be maintained if thru access is eliminated, any gates installed are to be reviewed and approved by the fire department, and Knox Products are required for the gates. These are also added as conditions of approval. Ms. Barlow said that if the street vacation is granted, half of the vacated ROW will be distributed to each adjacent lot, the property owners must pay for the property received, and the requested utility easements must be established by a Record of Survey. The applicant, James Boone stated that he did not have anything to add to the report given by Ms. Barlow. Commissioner Robertson asked if gates will be maintained on the north end of the property. Mr. Boone answered that the gate will be maintained for Fire Department access but will be closed to the public. There was no public comment offered so the public hearing was closed at 6:30 p.m. Commissioner Delucchi moved, and it was seconded to recommend approval of STV-2024- 0001 with staff conditions to the City Council. There was no discussion. The vote on the motion was five in favor, zero against, and the motion passed. X. GOOD OF THE ORDER: Chairman McKinley stated that he will not be able to attend the meeting on April 11, 2024. XI. ADJOURNMENT: Commissioner Wilson moved, and it was seconded, to adjourn the meeting at 6:34 p.m. The vote on the motion was five in favor, zero against, and the motion passed. _______________________________ __________________________________ Bob McKinley, Chairman Date Signed ____________________________________ Marianne Lemons, Secretary E CONOMIC D EVELOPMENT D EPARTMENT P LANNING D IVISION S TAFF R EPORT TO THE P LANNING C OMMISSION CPA-2024-0001 S TAFF R EPORT D ATE:March 7, 2024 H EARING D ATE AND L OCATION:March 14, 2024, beginning at 6:00 p.m., at Spokane Valley City Hall and remotely via Zoom. Project Number: CPA-2024-0001 Application Description:A request to change the land use designation and zoning for approximately 49.2 acres of Multi-Family Residential to 44 acres Mixed Use and 5.2 acres Single-Family Residential. Location:4418 E 8th Avenue; ParcelNumbers 35233.9191, 35233.9192, 35233.9176, 35233.0513, 35233.0709, 35233.0710, 35233.0604, 35233.0605, 35233.0606, 35233.0607, 35233.0608, 35233.0609, and 35233.0505; Section 23, Township 25 North, Range 43 East, Willamette Meridian, Spokane County, Washington Applicant:City of Spokane Valley Property Owner:Spokane Conservation District Date of Application: November13, 2023 Staff Contact:Levi Basinger,Associate Planner,(509)720-5332, lbasinger@spokanevalleywa.gov A PPROVAL C RITERIA: Spokane Valley Comprehensive Plan, Title 17 Spokane Valley Municipal Code (SVMC) General Provisions, Title 19 SVMC Zoning Regulations, and Title 21 SVMC Environmental Controls. A TTACHMENTS: Exhibit 1:ExistingComprehensive PlanMapExhibit 7:Environmental Determination Exhibit 2:ProposedComprehensive Plan MapExhibit 8:SEPA Checklist Exhibit 3:Existing ZoningExhibit 9:Notice of Public Hearing Exhibit 4:Proposed ZoningExhibit 10:Agency Comments Exhibit 5:Vicinity MapExhibit 11:Public Comments Exhibit 6:Aerial Map A.BACKGROUND INFORMATION P ROPERTY I NFORMATION The property consists of thirteen parcelstotaling 49.2acres, located Size and Characteristics: thth adjacent to 8 Avenue on its north and to 13 Avenue on its south. The northern portion of the site containsoffice buildingswith multiple tenants,and commercial accessory structures. The southern portion is largely undeveloped, forested, and contains steep slopes. Page 1 of 8 Staff ReportCPA-2024-0001 Comprehensive Plan:Multi-FamilyResidential (MFR) Multi-Family Residential (MFR) Zoning: Existing Use: Office, preschool,undeveloped parcels S URROUNDING C OMPREHENSIVE P LAN,Z ONING,AND L AND U SES Comprehensive Plan: Multi-Family Residential(MFR) North Zoning: MFR Uses: Single-family and multi-family residences Comprehensive Plan:Single-Family Residential (SFR) South Zoning: R-3 Uses: Single-family residences Comprehensive Plan: SFR, MFR East Zoning: R-3, MFR Uses: Schooldistrict facility, single-family and multi-family residences Comprehensive Plan: Residential Low(City of Spokane) West Zoning: R1 (City of Spokane) Uses: Single-family residences A PPLICATION P ROCESSING: Chapter 17.80 Permit Processing Procedures in the SVMC. The following summarizes key application procedures for the proposal. Application Submitted: November 13, 2023 SEPA DNSIssue date January5, 2024 End of Appeal Period for DNS: January 19, 2024 Date of Mailed Notice of Public HearingFebruary21, 2024 Date of Published Notice of Public Hearing: February23&March 1, 2024 UMMARY AND I MPLICATIONS OF PROPOSED AMENDMENT: S The City of Spokane Valley has a one-to-one relationship between most of its comprehensive plan designations and zoning districts. Only the Single Family Residential comprehensive plan designation has multiple implementing zoning districts. This means that all comprehensive plan map amendments require an amendment to the zoning map. In the case of this property, a comprehensive plan map change to Mixed Use (MU) also requires a zone change to MU, and the change to Single Family Residential (SFR) requires a zone change to an implementing single-family zoning district. In the case of this property, the implementing zoning district will match the adjacent R-3 zoning district. The current comprehensive plan designation and zoning of the site is Multi-Family Residential (MFR). The MFR zoneallows multifamily housing located near business and commercial centers, the arterial street system, and public transit. MFR zone also allows for office uses. The proposed amendment will change the comprehensive plan land use designation and zoning for the northern 44 acres of the site to Mixed Use (MU) and the southern 5.2 acres of the site to Single-Family Residential (SFR). If adopted, the MU zone would allow for a wider variety of uses including office, retail, lodging, multifamily, and community or cultural facilities. The MU zone allows for these uses to be mixed either vertically or horizontally. The R-3 zone would reduce the amount of allowed uses with an emphasis on single-family residential development similar toadjacent single-family residential lots. Page 2 of 8 Staff ReportCPA-2024-0001 B.FINDINGS AND CONCLUSIONS SPECIFIC TO SEPA 1.Findings: Pursuant to Title 21 SVMC, the lead agency has determined that theproposal does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). Consistent with Title 21 SVMC, the City issued a Determination of Non-Significance (DNS) for the proposal on January 5, 2024.The determination was made after review of a completed environmental checklist, the application, Titles 19, 21, and 22SVMC, a site assessment, public and agency comments, the Comprehensive Plan and associatedEnvironmental Impact Statement. 2.Conclusion(s): The procedural requirements of the State Environmental Policy Act (SEPA) and Title 21 SVMC have beenfulfilled. C.FINDINGS AND CONCLUSIONS SPECIFIC TO THE COMPREHENSIVE PLAN AMENDMENT AND AREA-WIDE REZONE i.The City may approve Comprehensive Plan amendments and area-wide zone map amendments if it finds that compliance with the approval criteria in SVMC 17.80.140.H. a)The proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment; Analysis: The proposed amendment bears a substantial relationship to public health, safety, welfare, and protection of the environment. The proposal is a city- initiated map amendment that would allow for a broader range of uses on the northern portion of the property, which is accessed from 8th Avenue, a minor arterial. Mixed-Use (MU) provides economic opportunity by allowing for two or more different land uses within developments under this designation, including commercial uses not allowed in under the current Multi-Family Residential (MFR) designation. MU developments can be either vertical or horizontally mixed, and would include employment uses such as office, retail, and/or lodging along with higher density residential uses, and in some cases community or cultural facilities. The subject property was purchased by Spokane Conservation District (SCD) approximately 7 years ago. The property is forested and was previously used for excavation and storage of landscape materials. The SCDhas worked to enhance the forested portions of the property and built offices to support their operations. In addition, the SCD has for lease office space and a daycare onsite. SCD has expansion plans that include a Farmers' Market and other similar public-facing uses. All these uses would take place across the northern three parcels that are directly accessed from 8th Avenue. Allowing for a re- designation and rezone from MFR to MU would accommodate these future plans. In addition, the proposal recognizes that the southern portion of the property is adjacent to lower-intensity, single-family residential areas. Due to steep topography across the property, the southern portion of the property is disconnected from the northern portion fronting 8th Avenue and is more easily accessed from local access residential streets that include 13th and 14th Avenues. Changing the designation of the southern ten parcels from MFR to Page 3 of 8 Staff ReportCPA-2024-0001 Single-Family Residential (SFR) would reduce the potential for higher intensity uses adjacent to the existing low-density residential neighborhood. The southern portion of the subject property will be more closely integratedwith existing low-density residential neighborhoods and serve as a buffer from more intensive uses on the northern portion of the property. b)The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the City’s adopted plan not affected by the amendment; Analysis:The Growth Management Act (GMA) adopts fourteen goals to guide the development of local comprehensive plans and development regulations. At a broad level encouraging efficient use of transportation infrastructure and promoting economic development meets those related GMA goals. c)The proposed amendment responds to a substantial change in conditions beyond the property owner’s control applicable to the area within which the subject property lies; Analysis:The proposed amendment is not in response to a change in conditions of the property beyond the property owner’s control. d)The proposed amendment corrects an obvious mapping error; or Analysis:The amendment is not in response to a mapping error and would not correct any error. e)The proposed amendment addresses an identified deficiency in the Comprehensive Plan. Analysis:The proposed amendment does address a need identified in the Comprehensive Plan. The Land Use Element of the Comprehensive Plan identifies priorities that include supporting neighborhood-scale development that enhances local community identity, supporting a mix of land uses, and allowing flexibility to apply innovative development approaches. In addition, the Economic Development Element of the Comprehensive Plan identifies priorities that include capitalizing on local outdoor recreation opportunities. In addition, the Natural Resources Element of the Comprehensive Plan identifies leveraging natural assets by minimizing impacts to critical areas as a priority for improving quality of life and attracting new business and residents. The proposed amendmentproposal addresses these needs and priorities. Additionally, the proposed comprehensive plan amendment is supported by the following Goals and Policies: ED-P6:Promote the development or redevelopment of vacant and underutilized properties, particularly those with potential to serve as a catalyst for economic development. ED-P12: Leverage community assets (e.g. trails, natural amenities, and facilities) to grow the local economy. LU-G1:Maintain and enhance the character and quality of life in Spokane Valley. LU-G2:Provide for land uses that are essential to Spokane Valley residents, employees, and visitors. LU-P1:Enable neighborhood-scale commercial uses in residential areas. LU-P5:Ensure compatibility between adjacent residential and commercial or industrial uses. LU-P6:Support neighborhood efforts to sustainably cultivate produce. LU-P7:Protect residential neighborhoods from incompatible land uses and adverse impacts associated with transportation corridors. Page 4 of 8 Staff ReportCPA-2024-0001 ii.The City must also consider the following factors prior to approving Comprehensive Plan amendments: a)The effect upon the physical environment; Analysis: The property is developed and disturbed. The current site is forested but is surrounded by developed areas on all sides. While the change to MU could increase the intensity of development on the northern portion of the property, the site is also characterized by steep slopes and containing a Special Flood Hazard Area (SFHA), which will limit the scale of development across the whole site. Due to the physical limitations of the property, the impact to the physical environment would likely be minimal. b)The effect on open space, streams, rivers, and lakes; Analysis: The site in question does not contain streams, rivers, or lakes, but a portion of the property is located in a Special Flood Hazard Area (SFHA) according to the adopted Flood Insurance Rate Map (FIRM). The property is also forested and includes steep terrain, which are considered to be geologically hazardous areas within the City’s criticalareas ordinance. The City’s critical areas ordinance and floodplain regulations will ensure adequate protection of the critical areas and the SFHA when future development occurs. c)The compatibility with and impact on adjacent land uses and surrounding neighborhoods; Analysis: The proposed amendment takes the surrounding land uses into consideration. Areas north and east of the site are designated MFR and allow for higher density residential development. One such multi-family residential development is under construction on the property immediately east of the site. One additional adjacent property to the east contains Spokane School District No. 81’s Instructional Technology Support Center (ITSC), located within a former elementary school. The ITSC no longer functions as a school but as a support facility for School District staff. Areas south and west of the site are characterized as low-density single-family residential uses, with land to the west being within the incorporated limits of the City of Spokane. While MU allows for a wide variety of uses, the presence of critical areas and physical characteristics of the site limit the scale and intensity of development across the entire property. To further protect the adjacent land uses to the west and south, the proposed map amendment would also change the designation of the southern portion of subject property to SFR. This would limit the scale of potential development and housing densities for this portion of the property to single-family residential uses, which is compatible with existing single-family properties to the west and south. d)The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools; Analysis: Sewer, water, electricity, and other utilities are available to the site. The property is adjacent to the Spokane School District No. 81 ITSC, which is located in a former elementary school but no longer functions as a school. The site is approximately 0.6 of a mile from Frances Scott Elementary School and 0.9 miles from Underhill Park in the City of Spokane and 1.8 miles from Edgecliff Park inthe City of Spokane Valley. The impact of this development on the overall parks and recreation would be minimal and within the adopted LOS. Page 5 of 8 Staff ReportCPA-2024-0001 Impacts to the Spokane School District would be minimal there is no adopted LOS for schools. In regards the transportation network, 8th Avenue is designated as a minor arterial, the Comprehensive Plan identifies that 8th Avenue will be widened to a 3-lane cross section with curbs, sidewalks, bike lanes, and stormwater facilities. The forecast LOS for this stretch 8th Avenue maintains is “D” throughout the planning horizon within the adopted LOS. The impact of potential development under the MU zone would be minimal and within the adopted LOS. It should be noted that Havana Street is designated as a minor arterial according to the City of Spokane. The City of Spokane Valley shall communicate with the City of Spokane on all future development proposals. The parcel is adjacent to Spokane Transit Authority (STA) Route 94, which includes stops along 8th Avenue and provides 30-minute service frequencies along its route betweenDowntown Spokane and the City of Millwood. Route 94 provides connections with other transit routes at multiple points along its route, thus expanding transit access to the subject site from multiple points across the metropolitan area. The City of SpokaneValley shall communicate with STA to determine impacts to transit service resulting from future development proposals. e)The benefit to the neighborhood, City, and region; Analysis: The proposed amendment will provide a benefit to the neighborhood, City, and region by allowing for non-residential uses that enhance community identity and provide additional economic opportunities. This amendment will also allow property owners to apply innovative development approaches that will blend a mix of uses into the existing natural environment. Any future development proposal would protect critical areas onsite through the City of Spokane Valley’s critical areas ordinance and floodplain regulations, which will ensure onsite development does not create impacts to properties in the immediate vicinity those areas further afield. Overall, this amendment supports goals and policies within the City’s Land Use, Economic Development, and Natural Resources Elements of the Comprehensive Plan. f)The quantity and location of land planned for the proposed land use type and density and the demand for such land; Analysis: The location of the proposal and the physical attributes of the site are similar to other areas designated MU. Approximately 40-acres of land designated MU is located 0.3 of a mile to the east at the intersection of 8th Avenue and Carnahan Road. As described in the Comprehensive Plan, developments with the designation MU can be either vertical or horizontally mixed, and would include employment uses such as office, retail, and/or lodging along with higher density residential uses. Furthermore, areas to the north of the site are designated MFR, which also allows for higher density residential development and is compatible with areas zoned MU. The southern portion of the site to be designated SFR is consistent with existing single-family developments surround the site to its west and south. If future development is Page 6 of 8 Staff ReportCPA-2024-0001 proposed on the areas to be designated SFR, it would be at a scale and density compatible with the built environment to the west and south. g)The current and projected population density in the area; and Analysis: Across the entire city the proposed change would have little impact on population density. h)The effect upon other aspects of the Comprehensive Plan. Analysis: The proposed amendment has minimal to no effect on other aspects of the Comprehensive Plan. Conclusion(s): For the reasons outlined above the proposed amendment is consistent with SVMC 17.80.140(H). D.FINDINGS AND CONCLUSIONS SPECIFIC TO PUBLIC COMMENTS 1.Findings: Staff havereceived twopublic comments to date, which are included as Exhibit 11. Comments received following the date of this staff report will be provided to the Planning Commission at the March 14, 2024 meeting. DateName & AddressComment(s) Feb 26, 2024Kevin HeeWhat land uses are allowed in the MU zone? th 4403 E 14 Avenue What uses are proposed for the property? How is the current land use able to occurin the MFRzone? Feb 29, 2024Joey BainsInquiring what is happening on the subject property. 2.Conclusion(s): Notice of Public Hearing (NOPH) was published February 23 and March 1, 2024. The NOPH was posted on site on February 22, 2024 and mailedto property ownerswithin a 400 foot radius of the site on February 21, 2024. E.FINDINGS AND CONCLUSIONS SPECIFIC TO AGENCY COMMENTS 1.Findings: AgencyReceived CommentsComments Dated City of Spokane Valley Senior Traffic Engineer City of Spokane Valley Development Engineering City of Spokane Valley Building & Planning City of Spokane Valley Parks & Recreation Spokane Valley Fire Department City of Millwood City of Liberty Lake City of Spokane City of Spokane Valley Police Department Spokane County, Building and Planning Spokane County, Wastewater System DivisionYes 1-16-24 Spokane County, Clean Air Agency Page 7 of 8 Staff ReportCPA-2024-0001 Spokane County, Fire District No. 1 Spokane County, Fire District No. 8 Spokane County Regional Health District Spokane Regional Clean Air Agency Spokane Aquifer Joint Board Spokane Transit Authority (STA) Spokane Regional Transportation Council (SRTC) Washington State Dept of Commerce Washington State Dept of Ecology (Olympia) Washington State Dept of Ecology (Spokane) Washington State Dept of Fish & Wildlife Washington State Dept of Natural Resources Washington State Dept of Transportation Washington State Parks & Recreation Commission WA Archaeological & Historic Preservation Avista Utilities Inland Power & Light Modern Electric Water Company Conoco Phillips (Yellowstone Pipeline)Yes1-04-24 Central Valley School District #356 East Valley School District #361 West Valley School District #363 Century Link Comcast Model Irrigation District #18 Consolidated Irrigation District #19 East Spokane Water District #1 Vera Water & Power Spokane County Water District #3 Spokane Tribe of IndiansYes1-08-24 2.Conclusion(s): No concerns are noted. F. CONCLUSION: For the reasons set forth in Section C above, the proposed amendment toamend the Comprehensive Plan and adopt the area-wide rezone to change the land use designation and zoning to of parcels 35233.9176, 35233.9191, and 35233.9192 to MU and parcels35233.0505, 35233.0513,35233.0604, 35233.0605, 35233.0606, 35233.0607,35233.0608, 35233.0609,35233.0709, and 35233.0710 to SFRcomplieswith the requirements of SVMC 17.80.140(H) and the Comprehensive Plan. Page 8 of 8 Fdpopnjd!EfwfmpqnfouEfqbsunfou OPUJDF!PG!QVCMJD!IFBSJOH Ifbsjoh!Ebuf!! Qvstvbou!up!Tqplbof!Wbmmfz!Nvojdjqbm!Dpef!)TWND*!28/91/231-!Opujdf!pg!Qvcmjd!Ifbsjoh-!uif!Qmboojoh! Ejwjtjpo!jt!tfoejoh!opujdf!pg!b!qvcmjd!ifbsjoh!up!bmm!qspqfsuz!pxofst!xjuijo!511!gffu!pg!qspkfdu!ovncfs! DQB.3135.12/!Uif!qvcmjd!ifbsjoh!gps!uijt!qspkfdu!jt!tdifevmfe!gps!Uivstebz-!Nbsdi!25-!3135!cfhjoojoh! bu!7;11!q/n/-ps!bt!tppo!uifsfbgufs!bt!dbo!cf!ifbse-!bu!Tqplbof!Wbmmfz!Djuz!Ibmm-!21321!F!Tqsbhvf!Bwf-! 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Usjcbm!Ijtupsjd!Qsftfswbujpo!Pggjdfs 1 PROJECT COMMENT TRANSMITTAL To lbasinger@spokanevalleywa.gov From: Dawn Dompier Date: 01-16-2024 Planning Number Name Parent Parcels Project Type CPA-24-01 SEPA DETERMINATION FOR 35233.9191, SEPA 2024 COMP PLAN 35233.9192, AMENDMENT (VALLEY)35233.9176, 35233.0513, 35233.0709, 35233.0710, 35233.0604, 35233.0605, 35233.0606, 35233.0607, 35233.0608, 35233.0609, 35233.0505 General Sanitary Sewer Links Sewer Plan Submittal: To submit a sewer plan for review, please follow this link: Sewer Plan Submittal If your project requires a sewer plan submittal, please refer to the requirements here: o Development Plan Review Checklist Additional General Commercial Sewer information can be found here: o General Commercial Sewer Info | Water Usage Estimate Form o Sewer Planning and Design webpage: Sewer Planning & Design Pretreatment IF GREASE PRODUCING STATUS IS NOT KNOWN: o Pretreatment review is required for your business or project. Please complete and return the “Commercial Pretreatment Questionnaire” located at: www.spokanecounty.org/FOG. Additionally, pretreatment requirements under our Industrial Pretreatment Program may apply to your business or project, for more information, please visit: www.spokanecounty.org/IPP. IF FACILITY IS ALREADY KNOWN TO NEED GREASE CONTROL (FOOD SERVICE ONLY): o Pretreatment review is required for your business or project. Please complete the “GCD Sizing & Permitting Checklist,” located at: www.spokanecounty.org/FOG and email to: ESPretreatment@spokanecounty.org. Additionally, pretreatment requirements under our Industrial Pretreatment Program may apply to your business or project, for more information, please visit: www.spokanecounty.org/IPP. IF FACILITY IS ALREADY KNOWN TO NEED GREASE CONTROL (OIL-WATER SEPARATORS ONLY): o Pretreatment review is required for your business or project. Please visit www.spokanecounty.org/FOG to download the “OWS Sizing” and “OWS Fact Sheet” for guidance on oil-water separators. Additionally, pretreatment requirements under our Industrial Pretreatment Program may apply to your business or project, for more information, please visit: www.spokanecounty.org/IPP PROJECT-SPECIFIC COMMENTS START ON PAGE 2 The Spokane County Public Works Wastewater FA01System Division has no objection to the finalization of No comment for SEPA Determination the above mentioned project. E CONOMIC D EVELOPMENT D EPARTMENT P LANNING D IVISION S TAFF R EPORT TO THE P LANNING C OMMISSION CPA-2024-0002 S TAFF R EPORT D ATE:March 7, 2024 H EARING D ATE AND L OCATION:March 14, 2024, beginning at 6:00 p.m., at Spokane Valley City Hall and remotely via Zoom. Project Number: CPA-2024-0002 Application Description:A request to change the land use designation and zoning for approximately 0.83 acres of Single-Family Residential to Corridor Mixed Use. Location:17103 E Main Avenue; Parcel 55183.0723; Section 18, Township 25 North, Range 45 East, Willamette Meridian, Spokane County, Washington Applicant:City of Spokane Valley Property Owner:Family Promise of Spokane Date of Application: November13, 2023 Staff Contact:Levi Basinger,Associate Planner,(509)720-5332, lbasinger@spokanevalleywa.gov A PPROVAL C RITERIA: Spokane Valley Comprehensive Plan, Title 17 Spokane Valley Municipal Code (SVMC) General Provisions, Title 19 SVMC Zoning Regulations, and Title 21 SVMC Environmental Controls. A TTACHMENTS: Exhibit 1:ExistingComprehensive PlanMapExhibit 7:Environmental Determination Exhibit 2:Proposed Comprehensive Plan MapExhibit 8:SEPA Checklist Exhibit 3:Existing Zoning Exhibit 9:Notice of Public Hearing Exhibit 4:Proposed ZoningExhibit 10:Agency Comments Exhibit 5:Vicinity MapExhibit 11:Public Comments Exhibit 6:Aerial Map A.BACKGROUND INFORMATION P ROPERTY I NFORMATION The location for the proposed amendment is one0.83-acreparcel, Size and Characteristics: located at the northeast corner of the intersection between Flora Road and Main Avenue. The property contains a single-family house and multiple accessory structures covering the western half of the parcel. The eastern half of the parcel includes an open area without any structurespresent.The property is flat in its terrain. Page 1 of 8 Staff ReportCPA-2024-02 Comprehensive Plan:Single-FamilyResidential (SFR) Single-Family Residential (R-3) Zoning: Existing Use: Single-family dwelling with accessory structures S URROUNDING C OMPREHENSIVE P LAN,Z ONING,AND L AND U SES Comprehensive Plan: Single-Family Residential(SFR) North Zoning: Single-Family Residential (R-3) Uses: Single-family residences Comprehensive Plan:Corridor Mixed Use(CMU) South Zoning: CMU Uses: Undeveloped lots, commercial businesses Comprehensive Plan: SFR East Zoning: R-3 Uses: Single-familyresidences,middle school Comprehensive Plan: SFR West Zoning: R-3 Uses: Single-family residences A PPLICATION P ROCESSING: Chapter 17.80 Permit Processing Procedures in the SVMC. The following summarizes key application procedures for the proposal. Application Submitted: November 13, 2023 SEPA DNSIssue date January5, 2024 End of Appeal Period for DNS: January 19, 2024 Date of Mailed Notice of Public HearingFebruary21, 2024 Date of Published Notice of Public Hearing: February23&March 1, 2024 UMMARY AND I MPLICATIONS OF PROPOSED AMENDMENT: S The City of Spokane Valley has a one-to-one relationship between most of its comprehensive plan designations and zoning districts. This means that all comprehensive plan map amendments require an amendment to the zoning map. In the case of this property, acomprehensive plan map change to Corridor Mixed Use (CMU) also requires a zone change to CMU. The current comprehensive plan designation and zoning of the site is Single-Family Residential (SFR) and R-3. The R-3 allows for single-family residential development that provides flexibility and promotes reinvestment in existing single-family neighborhoods. The proposed amendment will change the comprehensive plan land use designation and zoning for the 0.83-acre siteto CMU. The CMU allows for light manufacturing, retail, multifamily, townhomes, cottages, and offices. Adjacent residential zones are protected through transitional standards in chapter 19.75 SVMC. The owner of the subject property, Family Promise of Spokane, is a community service provider, a nonprofit or charitable organization that provides a local service to the communityfamilies that are experiencing homelessness and housing instability. It should be noted that all Community Service uses require a Community Services permit consistent with chapter 19.45 SVMC, and no application for a Community Service has been received. Community Service uses are permitted in both the R-3 and CMU Page 2 of 8 Staff ReportCPA-2024-02 zone. The amendment would allow more families to be served in this location as well as allow for office uses that are not allowed in the R-3 zone. B.FINDINGS AND CONCLUSIONS SPECIFIC TO SEPA 1.Findings: Pursuant to Title 21 SVMC, the lead agency has determined that theproposal does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). Consistent with Title 21 the Cityissued a Determination of Non-Significance (DNS) for the proposal on January 5, 2024.The determination was made after review of a completed environmental checklist, the application, Titles 19, 21, and 22SVMC, a site assessment, public and agency comments, the Comprehensive Plan and associatedEnvironmental Impact Statement. 2.Conclusion(s): The procedural requirements of the State Environmental Policy Act (SEPA) and Title 21 SVMC have beenfulfilled. C.FINDINGS AND CONCLUSIONS SPECIFIC TO THE COMPREHENSIVE PLAN AMENDMENT AND AREA-WIDE REZONE i.The City may approve Comprehensive Plan amendments and area-wide zone map amendments if it finds that compliance with the approval criteria in SVMC 17.80.140.H. a)The proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment; Analysis: The proposed amendment bears a substantial relationship to public health, safety, welfare, and protection of the environment. The proposal is a city- initiated map amendment that would allow more intensive residential use on a property within 700 feetSprague Avenue. CMU provides for economic opportunity by allowing a wide range of uses including multifamily and offices. The CMU recognizes the historical low-intensity, auto-dependent development pattern within the City’s major transportation corridors and is primarily used along Sprague Avenue, and the north-south arterials. The property is adjacent to Flora Road, a minor arterial. The property is located on Flora Road, an arterial and within 1/10th of mile of Sprague Avenue, making CMU areasonable designation for this location. In addition, the proposal bears a substantial relationship to public, health safety, and general welfare because the potentially expanded uses allowed in the CMU allow for the provision of services to meet the needto provide services to families who are experiencing housing insecurity. b)The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the City’s adopted plan not affected by the amendment; Analysis:The Growth Management Act (GMA) adopts fourteen goals to guide the development of local comprehensive plans and development regulations. At a broad level encouraging efficient use of transportation infrastructure and promoting economic development meets those related GMA goals. In addition, in 2021 the legislature adopted amendments to the GMA to require cities to Page 3 of 8 Staff ReportCPA-2024-02 accommodate and plan for a variety of housing insecure uses, including transitional housing. c)The proposed amendment responds to a substantial change in conditions beyond the property owner’s control applicable to the area within which the subject property lies; Analysis:While the proposed amendment is not in response to a change in conditions of the property beyond the property owner’s control, providing for family homeless services is a response to changes in state law and recent population growth and available housing for these services within the City. d)The proposed amendment corrects an obvious mapping error; or Analysis:The amendment is not in response to a mapping error and would not correct any error. e)The proposed amendment addresses an identified deficiency in the Comprehensive Plan. Analysis:The proposed amendment does address a need identified in the Comprehensive Plan. The Housing Element of the Comprehensive Plan identifies that while the City has a strong network of various non-profits, faith-based organizations and school districts that help serve those who are facing housing instability as well as households that are unsheltered, what is missing are location within the City to access to these services. Specifically, a high degree of reliance has been on the City of Spokane to physically house these services, which in turn requires Spokane Valley residents to travel when resources are needed. The City supports locating facilities that seek to serve those experiencing homelessness and housing instability with facilities within close proximity of public transportation.Additionally, the need for homeless and housing insecurity services are identified in the following Housing Goal and Policies: H-G4:Work collaboratively with local stakeholders to development a homeless response system specific to the need of the Valley H-P8:Ensure the provision of homeless and housing services have commensurate on- site support to maintain the character of neighborhoods and minimize public service calls. H-P9:Support community resource hubs where service providers can co-locate in areas in close proximity to public transportation. H-P10: Ensure equal access for Valley residents to publicly funded programs, transportation, job opportunities and housing. H-P11: Engage in active recruitment of service providers that desire to serve Valley residents through targeted programs focused on homeless service delivery. H-P14: Leverage federal, state and local funds, when appropriate, to bolster existing programs provided to Valley residents. H-P15: Encourage and support new projects and programs which seek to assist in maintaining housing stability or provide exits from homelessness to housing. ii.The Citymust also consider the following factors prior to approving Comprehensive Plan amendments: a)The effect upon the physical environment; Analysis: The property is developed and disturbed. While the change in CMU could increase the intensity of development on the property, the impact to the physical Page 4 of 8 Staff ReportCPA-2024-02 environment would be minimal. There is no concern about the effect of the physical environment. b)The effect on open space, streams, rivers, and lakes; Analysis: There are no known critical areas associated with the site, such as wetlands, fish and wildlife habitat areas, frequently flooded areas or geologically hazardous areas. The parcel is not located within shoreline jurisdiction, and there are no known surfacewater quality or quantity issues. The City’s critical areas ordinance will ensure that adequate protection of the critical areas and adjacent land use are addressed when future development occurs. c)The compatibility with and impact on adjacent land uses and surrounding neighborhoods; Analysis: The proposed amendment is locatedin an area of the City that is rapidly changing with infill commercial, multiple-family, and detached family development. Immediately to the south is the large swath of CMU zoning that borders Sprague Avenue. While immediately to the east, west, and north, the land is designated Single Family Residential, these areas are transitioning from historic large parcels to smaller urban infill.Farther to the east is Greenacres Middle School,which is zonedand designated CMU.While CMU allows for a wide variety of uses, due to the size of the parcel, it’s expected development on the parcel would be at a scale and size to minimize impacts on adjacent land uses. Further, to protect the adjacent land uses, if the amendment is approved, the property would be subject to the city’s transitional provisions, which minimize impacts tothe less intensive single-family zones from the more intensive CMU zone. d)The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools; Analysis: Sewer, water, electricity, and other utilities are available to the site. The property is about 1 mile from Greenacres Park, 400 feet from Greenacres Middle School, 1 mile to Greenacres Elementary School, and 0.25 miles from the Appleway Trail. The impact of this development on the overall parks and recreation would be minimal and within the adopted LOS. Impacts to the Central Valley School District would be minimal, and there is no adopted LOS for schools. In regards the transportation network, Flora Road is designated as a minor arterial. The Comprehensive Plan identifies that Flora will be widened to a 3- lane cross section with curbs, sidewalks, and stormwater facilities. The forecast LOS for this stretch Flora maintains is “D” throughout the planning horizon within the adopted LOS. The impact of potential development under the CMU zone would be minimal and within the adopted LOS. The parcel is within 1/4 mile of STA Route 98 and within 1/2 mile of STA Route 95. These routes provide service frequencies of every 30-minutes in each direction between the Valley Transit Center, Liberty Lake ,and the Spokane Valley Amazon Fulfillment Center. Whilethese routes provide access to a number of daily goods and services , access to the Valley Transit Center expands the available service and express services to Downtown Spokane,the primary transit hub for the region. Page 5 of 8 Staff ReportCPA-2024-02 e)The benefit to the neighborhood, City, and region; Analysis: The proposed amendment will provide a benefit to the neighborhood, City, and region by providing opportunity to provide much needed housing and meet the City’s goals of providing housing options to minimize impacts to those experiencing housing instability. The expanded allowed uses allowed by CMU meets adopted policies . Additionally, the change provides the opportunity to provide a range of housing choices with close, convenient access to amenities as expressed in the comprehensive plan. f)The quantity and location of land planned for the proposed land use type and density and the demand for such land; Analysis: The location of the proposal is in an area that typically would meet the description of CMU zone. Which is described in the Comprehensive Plan as being located along major transportation corridors along Sprague Avenue, and the north-south arterials. The location one block north of Sprague along Flora, a designated arterial, is a suitable location for the CMU zone. g)The current and projected population density in the area; and Analysis: Across the entire city the proposed change would have little impact on population density. h)The effect upon other aspects of the Comprehensive Plan. Analysis: The proposed amendment has minimal to no effect on other aspects of the Comprehensive Plan. Conclusion(s): For the reasons outlined above the proposed amendment is consistent with SVMC 17.80.140(H). D.FINDINGS AND CONCLUSIONS SPECIFIC TO PUBLIC COMMENTS 1.Findings: Staff have received threepublic comments to date;whichare summarized below and included as Exhibit 11. Comments received following the date of this staff report will be provided to the Planning Commission at the March 14, 2024 meeting. DateName & AddressComment(s) Feb 27,2024Dennis CrapoProperty will be adversely impacted by the (920 Evergreen, LLC) proposed amendment. 17028 E Riverside Lane March 3, 2024Stewart and Mary Margaret Disagree with the zoning change. Bowmer Concern with traffic generated. No design incorporated to encourage mixed-use orwalkable environment. Rezoning this property encroaches into single family neighborhood. March 5, 2024Todd R. Whipple Request denial of amendment Cause damage to adjacent single-family neighborhood. Previous comprehensive plan amendment from SFR to CMU was denied in 2018. Page 6 of 8 Staff ReportCPA-2024-02 2.Conclusion(s): Notice of Public Hearing (NOPH) was published February 23 and March 1, 2024. The NOPH was posted on site on February 22, 2024 and mailed to property owners within a 400 foot radius of the site on February 21, 2024. E.FINDINGS AND CONCLUSIONS SPECIFIC TO AGENCY COMMENTS 1.Findings: AgencyReceived CommentsComments Dated City of Spokane Valley Senior Traffic Engineer City of Spokane Valley Development Engineering City of Spokane Valley Building & Planning City of Spokane Valley Parks & Recreation Spokane Valley Fire Department City of Millwood City of Liberty Lake City of Spokane City of Spokane Valley Police Department Spokane County, Building and Planning Spokane County, Wastewater System DivisionYes 1-16-24 Spokane County, Clean Air Agency Spokane County, Fire District No. 1 Spokane County, Fire District No. 8 Spokane County Regional Health District Spokane Regional Clean Air Agency Spokane Aquifer Joint Board Spokane Transit Authority (STA) Spokane Regional Transportation Council (SRTC) Washington State Dept of Commerce Washington State Dept of Ecology (Olympia) Washington State Dept of Ecology (Spokane) Washington State Dept of Fish & Wildlife Washington State Dept of Natural Resources Washington State Dept of Transportation Washington State Parks & Recreation Commission WA Archaeological & Historic Preservation Avista Utilities Inland Power & Light Modern Electric Water Company Conoco Phillips (Yellowstone Pipeline)Yes1-04-24 Central Valley School District #356 East Valley School District #361 West Valley School District #363 Century Link Comcast Model Irrigation District #18 Consolidated Irrigation District #19 East Spokane Water District #1 Page 7 of 8 Staff ReportCPA-2024-02 Vera Water & Power Spokane County Water District #3 Spokane Tribe of Indians Yes1-08-24 2.Conclusion(s): No concerns are noted. F. CONCLUSION: For the reasons set forth in Section C above, the proposed amendment toamend the Comprehensive Plan and adopt the area-wide rezone to change the land use designation and zoning ofparcel 55183.0723 to CMUcomplies with the requirements of SVMC 17.80.140(H) and the Comprehensive Plan. Page 8 of 8 Economic DevelopmentDepartment NOTICE OF PUBLIC HEARING Hearing Date Pursuant to Spokane Valley Municipal Code (SVMC) 17.80.120, Notice of Public Hearing, the Planning Division is sending notice of a public hearing to all property owners within 400 feet of project number CPA-2024-01. The public hearing for this project is scheduled for Thursday, March 14, 2024 beginning at 6:00 p.m.,or as soon thereafter as can be heard, at Spokane Valley City Hall, 10210 E Sprague Ave, Spokane Valley, WA 99206. Meeting Details: The hearing will be conducted in person, with the option to attend remotely using web and telephone conference tools. A link to the Zoom meeting will be provided on the agenda and posted to the City’s webpage: www.spokanevalleywa.gov/201/planning-commission. Project Information Project Number: CPA-2024-0002 Application A request to change the land use designation and zoning for approximately Description:0.83 acres of Single-Family Residential to Corridor Mixed Use. Location:17103 E Main Avenue; Parcel Number 55183.0723; Section 18, Township 25 North, Range 45 East, Willamette Meridian, Spokane County, Washington. The site is located at the northeast corner of the intersection between Flora Road and Main Avenue. Applicant:City of Spokane Valley Owner: Family Promise of Spokane Staff Contact:Levi Basinger,Associate Planner;10210 EastSprague Avenue, Spokane Valley, WA 99206; phone: (509)720-5332; email: lbasinger@spokanevalleywa.gov Hearing Process and Appeals The Planning Commission will conduct the hearing pursuant to the rules of procedure adopted in SVMC Title 18 (Boards and Authorities). The Planning Commission will forward a recommendation on the request to the Spokane Valley City Council. ProvidingComments The public is encouraged to provide comment in person at the hearing, or to submit written comments prior to the hearing by sending the comments to Levi Basinger, 10210 E Sprague Ave, Spokane Valley, WA 99206, or email to lbasinger@spokanevalleywa.gov. Comments will need to be submitted no later than 4:00 PM on March 14, 2024in order for them to be received and prepared for submission into the record. Comments received will be entered into the record at the time of the public participation portion of the Public Hearing. Comments received through US Mail will be included if they are received prior to the hearing. All interested persons may testify at the public hearing in person or via the zoom meeting address and/or phone number. Interested persons will need to sign up via ZOOM to speak no later than 4:00 p.m. on March 14, 2024at the link provided in the agenda posted at the link referenced above. Use the link above to sign up for oral public comments. The link will direct you to directions to sign up for oral public comments. This is not an opportunity for questions or discussion. Remarks will be limited to three minutes per person. Written comments and documents may only be submitted prior to the hearing. Environmental Determination Pursuant to Title 21, Environmental Controls of the Spokane Valley Municipal Code (SVMC), the lead agency has determined that it does not have a probable significant adverse impact on the environment. A Determination of Non-Significance wasissued under Washington Administrative Code (WAC) 197-11- 340(2) on January 5, 2024.The appealperiod for the determination ended January 19, 2024. Staff Report and Inspection of File A staff report will be available for inspection seven (7) calendar days before the hearing. The staff report and other associated documents may be inspected by searching under “Current Agenda” at this web address: www.spokanevalleywa.gov/202/planning-commission.If you have any questions, please contact Levi Basinger, at (509) 720-5332 or lbasinger@spokanevalleywa.gov. CPA-2024-0002 Notice of Public Hearing Page 2 of 2 S pokane Tribe of Indians Tribal Historic Preservation Officer PO Box 100 Wellpinit WA 99040 January 8, 2024 To: Levie Basinger, Planner RE:File No. CPA-2024-01 and CPA-2024-02 Mr. Basinger, Thank you forcontacting the Tribe’s Historic Preservation Office. We appreciatethe opportunity to provide a cultural consult for your project. The intent of this process is to preserve and protect all cultural resources whenever protection is feasible. This office has no concerns of the City issuing a (DNS) for the annual Amendments to the comprehensive plan for CPA-2024-01 and CPA 2024-02 however once the request has change from zoning to multifamily our archive research these two projects havea high probability of encountering cultural resources within the proposed project area, Recommendation: Archaeological survey for all ground disturbing activity and Inadvertent Discovery plan implemented in the scope of work plan. However, if any artifacts or human remains are found upon excavation activity this office is to be notified and the immediate area cease. Should additional information become available, or scope of work change our assessment may be revised. Again, thank you for this opportunity to comment and consider this a positive action that will assist us in protecting our shred heritage. If questions arise, please contact me at (509) 258 – 4222. Sincerely, Randy Abrahamson Tribal Historic Preservation Officer 1 PROJECT COMMENT TRANSMITTAL To lbasinger@spokanevalleywa.gov From: Dawn Dompier Date: 01-16-2024 Planning Number Name Parent Parcels Project Type CPA-24-02 SEPA DETERMINATION FOR 55183.0723 SEPA 2024 COMP PLAN AMENDMENT (VALLEY) General Sanitary Sewer Links Sewer Plan Submittal: To submit a sewer plan for review, please follow this link: Sewer Plan Submittal If your project requires a sewer plan submittal, please refer to the requirements here: o Development Plan Review Checklist Additional General Commercial Sewer information can be found here: o General Commercial Sewer Info | Water Usage Estimate Form o Sewer Planning and Design webpage: Sewer Planning & Design Pretreatment IF GREASE PRODUCING STATUS IS NOT KNOWN: o Pretreatment review is required for your business or project. Please complete and return the “Commercial Pretreatment Questionnaire” located at: www.spokanecounty.org/FOG. Additionally, pretreatment requirements under our Industrial Pretreatment Program may apply to your business or project, for more information, please visit: www.spokanecounty.org/IPP. IF FACILITY IS ALREADY KNOWN TO NEED GREASE CONTROL (FOOD SERVICE ONLY): o Pretreatment review is required for your business or project. Please complete the “GCD Sizing & Permitting Checklist,” located at: www.spokanecounty.org/FOG and email to: ESPretreatment@spokanecounty.org. Additionally, pretreatment requirements under our Industrial Pretreatment Program may apply to your business or project, for more information, please visit: www.spokanecounty.org/IPP. IF FACILITY IS ALREADY KNOWN TO NEED GREASE CONTROL (OIL-WATER SEPARATORS ONLY): o Pretreatment review is required for your business or project. Please visit www.spokanecounty.org/FOG to download the “OWS Sizing” and “OWS Fact Sheet” for guidance on oil-water separators. Additionally, pretreatment requirements under our Industrial Pretreatment Program may apply to your business or project, for more information, please visit: www.spokanecounty.org/IPP PROJECT-SPECIFIC COMMENTS START ON PAGE 2 The Spokane County Public Works Wastewater FA01System Division has no objection to the finalization of No comment to the SEPA Determination the above mentioned project. The Spokane County Public Works Wastewater FA01System Division has no objection to the finalization of No comment for SEPA Determination the above mentioned project. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 16, 2024 Department Director Approval Check all that apply: consent old business new business public hearing information admin. report pending legislation executive session AGENDA ITEM TITLE: 2024 Comprehensive Plan Amendments (CPA) – Admin Report GOVERNING LEGISLATION: RCW 36.70A, SVMC 17.80.140 and 19.30.010 PREVIOUS COUNCIL ACTION TAKEN: On December 13, 2016, City Council approved Ordinance 16-018, adopting the Comprehensive Plan and associated development regulations. On December 19, 2023, the City Council approved the 2024 Comprehensive Plan Amendment Docket. BACKGROUND: The GMA (Growth Management Act) allows local jurisdictions to consider amendments to their Comprehensive Plans once each year. The City codified this process in Section 17.80.140 of the Spokane Valley Municipal Code (SVMC). Consistent with the SVMC, staff published notice on September 15 and 22, 2023, advising the public of the annual amendment process and that the City would accept applications for the 2024 cycle through November 14, 2023. On December 19, 2023, the City Council approved the 2024 Docket. The Docket included two site specific map amendments to the Comprehensive Plan, file no. CPA-2024-01 and CPA-2024-02. On January 5, 2024, the City issued Determinations of Non-significance (DNS) for the proposed comprehensive plan amendments pursuant to Title 21, Environmental Controls of the SVMC. On February 23 and March 1, 2024, notice for a public hearing on the proposed amendments was placed in the Spokane Valley News Herald. On February 22, 2024, the sites subject to an amendment were posted with a “Notice of Public Hearing” sign with a description of the proposal and information on the public hearing. On February 21, 2024, a notice of public hearing was mailed to property owners within 400 feet of the proposed amendment sites. On February 8 and 22, 2024, the Planning Commission held study sessions on the proposed 2024 Comprehensive Plan amendments. A public hearing on the proposed amendments was held March 14, 2024. Following the public hearing, the Planning Commission deliberated on the proposed amendments. On March 28, 2024, the Planning Commission voted to recommend that the City Council approve CPA-2024-01 and deny CPA-2024-02. The Findings and Recommendation are included as an attachment. BUDGET/FINANCIAL IMPACTS: None OPTIONS: The City Council may accept, deny, or modify the Planning Commission recommendations. If the Council chooses to modify a proposal and the modifications are substantial, the City Council must either conduct a public hearing or refer the proposal back to the Planning Commission for further consideration. RECOMMENDED ACTION OR MOTION: Consensus to move CPA-2024-01 to a first reading of the ordinance, accepting the recommendation of the Planning Commission. Consensus to withdrawal the application for CPA-2024-02 and not move forward to a first reading. STAFF CONTACT: Levi Basinger, Associate Planner ATTACHMENTS: PowerPoint Presentation Planning Commission Findings and Recommendations: General, CPA-2024-01 and CPA-2024-02 Planning Commission minutes: February 8, 2024, February 22, 2024, March 14, 2024, March 28, 2024 (draft) Staff Report with attached exhibits for CPA-24-01 Staff Report with attached exhibits for CPA-24-02 1 of 1 2/08 & 2/22/243/14/243/28/24 ——— DRAFT ADVANCE AGENDA as of April 10, 2024; 4:00 p.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 April 11, 2024 Special Meeting, Right Sizing Police Services Project 8:00a.m. 9:30a.m. @ CenterPlace April 15, 2024 Special Meeting, Right Sizing Police Services Project 5-7:00p.m @ Centennial Middle School April 17, 2024 Special Meeting, Right Sizing Police Services Project 1 2:30p.m. @ Spokane Valley Library April 23, 2024 Formal Meeting, 6:00 p.m. \[due Tue April 16\] Proclamation: Arbor Day 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Motion Consideration: Clean Building Requirements & Potential Grant Opportunity Gloria Mantz (10 minutes) 3. Admin Report: SVPD Update Chief Ellis, Aubrey Siino (15 minutes) 4. Admin Report: Recreation and Aquatic Season Preview Kendall May (15 minutes) 5. Admin Report : Local Drug Use Regulation Kelly Konkright (15 minutes) 6. Admin Report: Cross Country Course Update Mike Basinger (10 minutes) 7. Admin Report: Construction Management Update Bill Helbig (20 minutes) 8. Admin Report: Solid Waste Program Update Bill Helbig (25 minutes) 9. Advance Agenda Mayor Haley (5 minutes) 10. Info Item: Potential Opioid Settlement Agreement Tony Beattie 11. Info Only: Department Monthly Reports; Fire Dept Monthly Report \[*estimated meeting: 120 mins\] April 30, 2024 Study Session, 6:00 p.m. \[due Tue April 23\] Proclamation: AAPI Heritage Month & Older Americans Month 1. Ordinance 24-00__: First Read for Comp. Plan Amendments Levi Basinger (5 minutes) 2. Resolution: 24-___: Balfour Park RCO Grant - John Bottelli (10 minutes) 3. Motion Consideration: Potential Opioid Settlement Agreement Tony Beattie (10 minutes) 4. Motion Consideration: Cross Country Course Contract Award - Mike Basinger (10 minutes) thrd 5. Motion Consideration: Bowdish Road Project 12 Avenue to 23 Avenue Bid Award Erica Amsden (10 minutes) 6. Motion Consideration: Sprague Avenue Stormwater Project Bid Award Rob Lochmiller (25 minutes) 7. Admin Report: Public Defense Caseload Standard Update Tony Beattie, Morgan Koudelka (20 minutes) 8. Advance Agenda Mayor Haley (5 minutes) \[*estimated meeting: 95 mins\] May 7, 2024 Study Session, 6:00 p.m. \[due Tue April 30\] 1. Ordinance 24-00__: Second Read for Comp. Plan Amendments Levi Basinger (5 minutes) 2. Admin Report: Rayce Rudeen Foundation Erik Lamb, Marsha Malsam (30 minutes) 3. Admin Report: Resolution 24-00XX: Letters of Support Virginia Clough (10 minutes) 4. Admin Report: Pot. Grant Opp. Pedestrian Bicycle Prgm & Safe Routes to School Prgm- A. Jackson (10 minutes) 5. Advance Agenda Mayor Haley (5 minutes) May 14, 2024 Formal Meeting, 6:00 p.m. \[due Tue May 7\] Proclamation: National Police Week 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Motion Con: Pot. Grant Opportunity Pedestrian Bicycle Prgm & Safe Routes to School Prgm Jackson(5 minutes) 3. Admin Report: Post-Session Report/Presentation Virginia Clough, Briahna Murray (30 minutes) 4. Admin Report: 6-Year Transportation Improvement Program Adam Jackson (10 minutes) 5. Advance Agenda Mayor Haley (5 minutes) Draft Advance Agenda 4/11/2024 4:35:00 PM Page 1 of 2 May 21, 2024 Study Session, 6:00 p.m. \[due Tue May 14\] 1. Advance Agenda Mayor Haley (5 minutes) May 28, 2024 Formal Meeting, 6:00 p.m. \[due Tue May 21\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Advance Agenda Mayor Haley (5 minutes) 3. Info Only: Department Monthly Reports; Fire Dept Monthly Report June 4, 2024 Study Session, 6:00 p.m. \[due Tue May 28\] 1. Admin Report: Presentation Aging & Long Term Care Lynn Kimball (15 minutes) 2. Advance Agenda Mayor Haley (5 minutes) June 11, 2024 BUDGET WORKSHOP 8:30 a.m. 3:00 p.m. \[due Tue June 4\] 1. BUDGET WORKSHOP June 18, 2024 Study Session, 6:00 p.m. \[due Tue June 11\] 1. Public Hearing: 6-Year Transportation Improvement Program (20 minutes) 2. Motion Consideration: 6-Year Transportation Improvement Program (5 minutes) 3. Advance Agenda Mayor Haley (5 minutes) June 25, 2024 Formal Meeting, 6:00 p.m. \[due Tue June 18\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Advance Agenda Mayor Haley (5 minutes) 3. Info Only: Department Monthly Reports; Fire Dept Monthly Report July 2, 2024 Study Session, 6:00 p.m. \[due Tue June 25\] 1. Advance Agenda Mayor Haley (5 minutes) July 9, 2024 Formal Meeting, 6:00 p.m. \[due Tue July 2\] 1. Advance Agenda Mayor Haley July 16, 2024 Study Session, 6:00 p.m. \[due Tue July 9\] 1. Advance Agenda Mayor Haley (5 minutes) July 23, 2024 Formal Meeting, 6:00 p.m. \[due Tue July 16\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Advance Agenda Mayor Haley (5 minutes) 3. Info Only: Department Monthly Reports; Fire Dept Monthly Report July 30, 2024 Study Session, 6:00 p.m. \[due Tue July 23\] 1. Advance Agenda Mayor Haley (5 minutes) *time for public or council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: 250th USA Celebration SCRAPS 9-1-1 calls (delays, holding, etc.) Vehicle Wgt Infrastructure Impact Appleway Trail Amenities AWC Summary of Arguments City Brand Update DOT Clean Up Gang Task Force Update Group Home Regulations Mirabeau Park Forestry Mgmt. ORV usage on streets Park Camera Update Park Lighting Peer Court Protection of Utility Infrastructures Draft Advance Agenda 4/11/2024 4:35:00 PM Page 2 of 2