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2010, 02-02 Study Session
AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT 6:00 p.m. Tuesday,February 2,2010 CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue,First Floor (Please Silence Your Cell Phones During the Meeting) DISCUSSION LEADER SUBJECT/ACTIVITY GOAL ACTION ITEM: 1. Mike Connelly a. Discussion of City Manager Vacancy Discussion b. Proposed Resolution 10-003: City Manager Vacancy Motion Consideration [public comment] NON-ACTION ITEMS: 2. Christina Janssen/ Ordinance Amending Uniform Development Code Discussion/Information Mike Connelly And Provide for Development Agreement 3. Kathy McClung Planning Commission Rules of Procedure Discussion/Information 4. Cary Driskell Animal Control Ordinance Amendment Discussion/Information 5. Mike Connelly City Hall Property Negotiations Status Discussion/Information 6. Rick Van Leuven Law Enforcement Services Discussion/Information 7. Mayor Towey Advance Agenda Discussion/Information 8. Information Only(will not be discussed or reported): (a)Department Reports; (b)Hearing Examiner Annual Report 9. Mayor Towey Council Check in Discussion/Information 10. Mike Jackson City Manager Comments Discussion/Information ADJOURN Note: Unless otherwise noted above, there will be no public comments at Council Study Sessions. However, Council always reserves the right to request information from the public and staff as appropriate. During meetings held by the City of Spokane Valley Council,the Council reserves the right to take"action"on any item listed or subsequently added to the agenda. The term"action" means to deliberate,discuss,review,consider,evaluate,or make a collective positive or negative decision. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments,please contact the City Clerk at(509)921-1000 as soon as possible so that arrangements may be made. Study Session Format Agenda February 2,2010 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 2, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed Resolution 10-003: City Manager Vacancy GOVERNING LEGISLATION: RCW 35A.13.050, RCW 35A.13.150, RCW 42.30.110(1) (g) PREVIOUS COUNCIL ACTION TAKEN: On January 5, 2010, the City Council requested and received the resignation of the City Manager. An administrative report outlining the applicable statutes and options for selecting a new City Manager was presented. The City Council intends to meet on February 1, 2010, to evaluate the qualifications of an applicant for public employment. BACKGROUND: See attached RCA, previously presented on January 19, 2010. OPTIONS: Approve or reject a resolution to designate an individual to perform the duties of manager; and/or approve an appointment letter or contract for an interim City Manager or appoint a permanent City Manager and approve a contract concerning the same. Prior to February 5, 2010, the City Council must either designate an existing administrative officer to perform the duties of city manager and/or approve the appointment of an interim city manager, or appoint a permanent City Manager and approve a contract concerning the same. RECOMMENDED MOTION: Move to approve Resolution 10-003, Designating the Deputy City Manager as Interim City Manager BUDGET/FINANCIAL IMPACTS: Costs that would be incurred pursuant to a new agreement with the interim City Manager STAFF CONTACT: Mike Connelly, City Attorney ATTACHMENTS: a. Proposed Resolution b. Appointment Letter for an Acting Manager c. RCA dated January 19, 2010 (with attachments) DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO. 10-003 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, DESIGNATING THE DEPUTY CITY MANAGER AS A QUALIFIED ADMINISTRATIVE OFFICER TO PERFORM THE DUTIES OF CITY MANAGER, AND APPROVING AN APPOINTMENT LETTER FOR AN INTERIM CITY MANAGER WHEREAS, on January 5, 2010, the City Council approved a motion requesting the resignation of the City Manager; and WHEREAS, upon request of the City Council, the City Manager tendered his resignation effective February 5, 2010; and WHEREAS, the City Council seeks to designate a qualified administrative officer of the City to perform the duties of city manager pending the selection of a permanent city manager pursuant to RCW 35A.13.150; and WHEREAS, the City Council wishes to enter into a contract for the services of an interim City Manager. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County,Washington as follows: Section 1. Designation of City Manager. Pursuant to RCW 35A.13.150 the Council hereby designates Deputy City Manager Mike Jackson to perform the duties of the City Manager until such time as a permanent City Manager is selected. Section 2. Approval of contract. The City Council further authorizes the Mayor to finalize and execute the attached Appointment letter for an interim City Manager. Section 3. Effective Date. This Resolution shall be in full force and effect upon adoption. Adopted this 2nd day of February, 2010. CITY OF SPOKANE VALLEY Thomas E. Towey, Mayor ATTEST: Approved as to form: Christine Bainbridge, City Clerk Office of the City Attorney Resolution 10-003 Page 1 of 1 SAMPLE LETTER OF AGREEMENT [Date] Letter of Agreement Between the City of Spokane Valley and Acting City Manager Letter of Agreement between _ Acting City Manager and Spokane Valley City Council. Per your request and as authorized by the full City Council on February 2, 2010, I am pleased to confirm in writing the terms of your appointment as Acting City Manager for the City of Spokane Valley. The effective date of appointment is February 2, 2010. (If Council should choose to appoint you as City Manager, a full contract will be developed and executed according to standard practice as referenced by the International City/County Management Association (ICMA). Your annual salary will be with all applicable benefits you currently receive and calculated according to your interim salary, plus a monthly car allowance of $ . When/if a new City Manager starts, the Council has agreed that this new pay rate is to remain the same through the end of the fiscal year. However, car allowance will discontinue when/if you are no longer serving as City Manager. After the new City Manager arrives, you will be allowed paid leave of absence of working days to be scheduled with the new City Manager and to be taken in increments of no more than five (5) consecutive work days at a time. This leave is in addition to your normal annual leave accrual and may be carried over to a succeeding calendar year, but may not be paid out in cash. This leave must be taken no later than twelve (12) months after the arrival of the new City Manager. The council agrees that you may also appoint an Acting Deputy City Manager by the method of your choosing (in-house or temporary external appointee). Upon ending your term as Interim City Manager, the City Council agrees that you will return to your previous position as Deputy City Manager with restoration of all rights and benefits, except as otherwise specified in this agreement. During your Acting City Manager term, City Council asks that you perform the full range of City Manager duties including legislative and executive support of the Council, development and furtherance of council goals, make recommendations and implement change as would typically fall within the responsibility of City Manager. The Council agrees to conduct a facilitated review (arranged through ICMA resources) of your performance at the termination of Acting City Manager status. Specific goals to be evaluated include but are not limited to The Council will make a determination at the end of six months to either: offer you the position and negotiate a contract as the permanent City Manager, or conduct a nationwide search, during which time you will be considered a candidate if you so choose. If the City decides to choose the latter and conduct a nationwide search, you will remain as Acting City Manager for a period until the new City Manager is appointed. To indicate your acceptance of these terms, please execute as indicated below. This agreement will become part of your permanent personnel file. Signed, Thomas E. Towey, Mayor on behalf of the Spokane Valley City Council Accepted: Acting City Manager Appointee CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 19, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ ofd business ❑ new business ❑ public hearing ❑ information X admin. report ❑ pending legislation AGENDA ITEM TITLE: Administrative Report: City Manager Vacancy GOVERNING LEGISLATION: RCW 35A.13.050, RCW 35A.13.150, RCW 42.30.110(1) (g), PREVIOUS COUNCIL ACTION TAKEN: On January 5, 2010 the Council requested and received the resignation of the City Manager. That resignation will be effective on February 5, 2010. BACKGROUND: The removal and replacement of the city manager is defined and regulated by statute. Specifically, RCW 35A.13.050 "City manager - Qualifications"; RCW 35A.13.130 "City manager -- Removal - Resolution and Notice"; RCW 35.A.13.050 "City manager — Substitute". 1. RCW 35.13.050 states in pertinent part: He shall be chosen by the council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office. Further guidance as to the qualifications necessary for a city manager is provided by the International City/County Management Association (ICMA) through its certification process which is discussed in more detail in an attachment to this RCA. The general language of the statute does provide Council with a wide range of qualifications that may be deemed to be appropriate. 2. RCW 35A.13.150 states in pertinent part: The council may designate a qualified administrative officer of the city or town to perform the duties of manager: (2) Upon the termination of the services of a manager, pending the selection and appointment of a new manager; Prior to February 5, 2010 the Council must either designate a qualified administrative officer within the City to perform the duties of the manager, or appoint a qualified individual who does not work for the city as the interim or acting city manager. This action can be taken by motion of the Council, considered and passed at a regularly scheduled meeting or a special meeting properly noticed. Deliberations concerning the qualifications of such an individual may take place in executive session. See RCW 42.30.110 (1) (g) discussed below. 3. The Selection and Recruitment Process: The Council should keep in mind the admonition set for in the ICMA Recruitment Guidelines referenced above which states: Recruitment and selecting a local government administrator is one of the most important responsibilities of a local governing body. It requires careful planning, astute evaluation of candidates, and a clear understanding of the relationship between the local government and the administrator. ICMA is an organization well respected in the city manager profession. Its comments set forth here and below are the recommendations of that organization. They are not legal requirements. Recruiting a permanent city manager can be done in a number of different ways. I've attached to this RCA Recruitment Guidelines provided by ICMA which discusses pro's and con's of the different approaches. The options can be summarized as follows: a. Select an existing qualified city employee without further recruitment. This can be done with or without a search for other qualified candidates. If an existing candidate is the preference of the Council another possible option would be to employ, on a interim short term basis, either an experienced deputy city manager (likely retired) or city manager to work with the existing official to allow both the candidate and council time to fully evaluate the position and that official's performance. b. Conduct the recruitment process with City staff. Choosing this alternative will require a substantial time commitment on the part of existing Human Resources staff and potentially one or two Council members designated by the Council to conduct an initial screening of candidates. The City may utilize a number of local, state and national resources to advertise the position. If this alternative is chosen, the Council should direct the Acting City Manager to draft a specific recruitment and selection plan for Council approval. This would normally be done by the Human Resources department. This alternative may not result in the widest selection of highly qualified candidates in that there would not be an experienced professional, actively recruiting potential candidates. The cost of this alternative would include costs of advertisements, costs associated with the transport and lodging of potential candidates to be interviewed, and any investigative costs that may arise. It is anticipated that such costs could total approximately $10,000, but would vary depending on the number of candidates interviewed. c. Retain an outside party to conduct the recruitment. This alternative would place the burden on recruitment and the organization of the selection process on an executive search firm with experience in similar recruitment efforts. The total cost of retaining such a firm would be approximately $30,000, again, depending upon the number of candidates interviewed. This would include the costs identified in alternative two. This alternative would likely result in the widest selection of candidates for Council consideration. 4. RCW 42.30.110(1) (g) allows the Council to meet in executive session to "evaluate the qualifications of an applicant for public employment," but requires final action to be taken in an open public meeting. RCW 42.30.110 (1) (h) allows the same for elective officials but specifically requires that interviews and final action concerning an appointment to an elective position be conducted in an open public meetings. The custom and practice has been to conduct both interviews and deliberations concerning the qualifications of a candidate in executive. The Council may also choose to conduct all or part of the interviews in a public forum. I am in the process of contacting other cities in the state of Washington in order to provide council with a summary of the specific recruitment and selection process used and will provide that at the time this report is presented. OPTIONS: Identify a process for the recruitment and selection of an interim and permanent city manager or request additional information. RECOMMENDED ACTION OR MOTION: Council discretion BUDGET/FINANCIAL IMPACTS: Up to $30,000. STAFF CONTACT: Mike Connelly ATTACHMENTS: - RCW 35A13.050, 35A.13.150 - ICMA Recruitment Guidelines Handbook ICMA Voluntary Credentialing Program Information - Sample Action, Consideration and Appointment Letter for an Acting City Manager Page 1 of 1 Westlaw West's RCWA 35A.13.050 Page 1 West's Revised Code of Washington Annotated Currentness Title 35A. Optional Municipal Code(Refs&Annos) 'i Chapter 35A.13.Council-Manager Plan of Government(Refs&Annos) 35&,13.050. City manager--Qualifications The city manager need not be a resident at the time of his or her appointment,but shall reside in the code city after his or her appointment unless such residence is waived by the council.He or she shall be chosen by the council solely on the basis of his or her executive and administrative qualifications with special reference to his or her actual experience in,or his or her knowledge of accepted practice in respect to the duties of his or her of- fice.No person elected to membership on the council shall be eligible for appointment as city manager until one year has elapsed following the expiration of the term for which he or she was elected. CREDIT(S) [2009 c 549 §3022,eff.July 26,2009; 1967 ex.s. c 119 §35A.13.050.] LIBRARY REFERENCES 2003 Main Volume Municipal Corporations 138. Westlaw Topic No.268. C.J.S.Municipal Corporations §§ 337 to 341,343 to 348. West's RCWA 35A.13.050,WA ST 35A.13.050 Current with all 2009 Iegislation (C)2009 Thomson Reuters. END OF DOCUMENT ©2010 Thomson Reuters.N o Claim to Orig.US Gov. Works. https://web2.westlaw.com/print/printstream,aspx?sv=Split&prft=HTMLE&fn= top&mt—... 1/11/2010 , Page 1 of 1 Westlaw, West's RCWA 35A.13.150 Page 1 West's Revised Code of Washington Annotated Currentness Title 35A. Optional Municipal Code(Refs&Annos) 'cm Chapter 35A.13.Council-Manager Plan of Government(Refs&Annos) -r 35A.13.150. City manager--Substitute The council may designate a qualified administrative officer of the city or town to perform the duties of man-ages: (1)Upon the adoption of the council-manager plan,pending the selection and appointment of a manager;or (2)Upon the termination of the services of a manager,pending the selection and appointment of a new manager;or (3)During the absence,disability,or suspension of the manager. CREDIT(S) [1967 ex.s. c 119 §35A.13.150.] LIBRARY REFERENCES 2003 Main Volume Municipal Corporations 129. Westlaw Topic No.268. C.J.S.Municipal Corporations§§ 350,353,354,367. West's RCWA 35A.13.150,WA ST 35A.13.150 Current with all 2009 legislation (C)2009 Thomson Reuters. END OF DOCUMENT ©2010 Thomson Reuters.No Claim to Orig.US Gov.Works. httpsa/web2.westlaw.com/print/printstream.aspx?sv=Split&prfHTMLE&fn= top&mt=... 1/11/2010 fitment , • ‘,„„„iuidellnes H A N D B O O K Ss -0a � 4z7 "�_ ` '� . a "s.� ' - '- ,.„....+�z � -ter ^,.��� �' .t �� �� -�� �� • is < t c ,�-- . f 7 h.:' ! 9 k 'c d 1 ", ..,. -0---V.ii v.„..-._:...,-,..::::. R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 1 Table of Contents introduction 2 Resources Available 3 Recruitment Process Conducting the Recruitment 5 Scope and Parameters of the Recruitment Process 7 Recruiting Applicants 8 Applications and Relations with Applicants 9 Selection Process Reviewing Applications 12 Determining Finalists 13 interviewing Finalists 14 Post-interview Activities 16 Finalizing Arrangements Negotiating Compensation 17 Transition Activities 18 Conclusion 20 Resource Groups 20 Suggested Interview Questions 22 Suggested interviewing Techniques 23 Summary Checklist and Timetable 23 Suggested Administrator Profile Format for an Administrator Profile 25 Sample Administrator Profile 25 R e c r u i t m e n t G u i d e l i n e s Handb o ok 2 Introduction The term local government,as used in this report,refers to any local government of general jurisdiction legally constituted under state laws—a town,village,borough,township, city,county,or a legally constituted council of governments.The terms administrator and manager refer to the chief administrative officer of any local government who has been appointed by its governing body. The terms council,commission,and governing body refer to the elected body governing any local government, including city councils,town councils,boards of trustees,boards of selectmen,boards of supervisors,and boards of directors.The term council used in this document refers to all types of governing bodies. Recruiting and selecting a local government administrator is one of the most important responsibilities of a local governing body.It requires careful planning,astute evaluation of candidates,and a clear understanding of the relationship between the local government and the administrator. To a great extent,a local government administrator serves as a resource to the elected body.Whereas the council provides policy and political leadership for the community,the administrator brings policy problems to the elected body,develops alternatives,helps the elected body as it is making policy choices,and then implements policy and provides the administrative leadership necessary for continued progress and high morale.His or her input makes the difference as to whether or not the objectives and priorities of the governing body—and indirectly the community— are refined,considered,and implemented. How are public officials to proceed,then,when the chief administrative position is vacant?Who governs in the interim period until a successor is selected?How is recruitment actually conducted?What selection process should be used?What should be the criteria for the position?What resources are available to assist in recruitment and selection?These are only some of the questions that will concern elected officials. Members of the council will have to deal with a variety of other issues as well.Potential candidates,for example, will begin"campaigning"for appointment.They may contact some or all members of the council to express interest and advance their cause.Members of the community,too,will propose their own preferences and viewpoints,And, of course,the press will pose questions,ranging from why the vacancy exists to what the new administrator is going to be paid. All of this activity,pressure,uncertainty,and even confusion can result in premature commitments and impulsive action—neither good for the community nor conducive to recruiting and selecting a top-notch administrator,For the recruitment process to be successful,local government leaders must provide the following: • Strong,consistent political leadership. • A well organized and coordinated recruitment process. • A plan for administering the affairs of the local government while the recruitment process is under way. • A timetable that ensures prompt,comprehensive recruitment and guards against impulsive and premature action, An organized approach and strong,consistent leadership from the local governing body are essential to the recruitment process.Without them,recruitment can damage the image of the local government;divide the local government and the community;weaken the authority of the government;erode the responsibilities associated with the position;and hurt the ability of the local government to attract and retain good candidates for this and other administrative positions. To help councilmembers conduct a successful recruitment and avoid a negative experience,this handbook presents guidelines for recruiting and selecting a local government manager.While no two jurisdictions require precisely the same qualifications and responsibilities from their administrator,the guidelines outlined here provide the basis for determining priorities.These guidelines will enable local government officials to go about recruiting and selecting the best possible administrator for their needs. R e c r u i t m e n t G u i d e l i n e s Handbook 3 This handbook includes a discussion of the following key issues:resources available to assist in the process;interim management; applications,relations with applicants,and interviews;compensation;and transition.The exhibits present resources and publications available,suggested interview questions,and a summary checklist and timetable. Using these guidelines can make recruiting and selecting a new administrator a positive,enjoyable,and unifying experience for local government officials. Resources Available Elected officials in search of an administrator will find a variety of resources available to assist in the recruitment process.These include: • ICMA,the professional association of appointed administrators serving cities,counties,regional councils,and other local governments.ICMA staff can suggest advertising sources and individuals and agencies who may be available to assist;help pass the word when a vacancy exists by placing a printed advertisement in the ICMA Newsletter or online at ICMA's JobCenter;and provide information on such issues as compensation and how other local governments have handled recruitment.ICMA Range Riders also can provide advice and assistance based on their years of experience in local government. • Other professional organizations.The following organizations can advertise the vacancy,identify potential candidates, and assist in conducting background checks of the applicant.The league of cities and counties in each state;the National League of Cities;the National Association of Counties;the National Association of County Administrators; the American Society for Public Administration;and related local,regional,state/provincial,and national professional organizations. • Current and former local government officials.Local government officials in adjacent communities or retired local government officials are a good resource for assistance.For example,a neighboring local government official could screen applicants,and a retired official could coordinate the recruitment process or provide interim management assistance.ICMA's Range Rider Program may be a good source for such assistance. • Others having an interest in local government.College or university faculty members,institute of government staff members,local government consultants,and community leaders also may be able to provide leadership and assistance with some part or all of the recruitment process. • Executive recruitment firms.Several nationally recognized firms are available to assist in recruiting key management positions in local governments.They can coordinate the overall recruitment process,or they can assist with such specific aspects of recruitment as identifying potential candidates,conducting background checks,or developing and conducting the selection process.ICMA can provide a list of firms that specialize in public sector recruitment.For a copy of the list,contact the job ad coordinator at ICMA,202/962-3650. ICMA Range Riders.Local government professionals serve as Range Riders for ICMA and for their respective state leagues or state associations.Range Riders generally are retired and respected local government managers with long experience in the profession.Available as resources to local government administrators,Range Riders meet periodically with managers to discuss the profession and any concerns managers might have.Discussions range from such topics as council relations,career changes,and staff reorganization to politics and ethical questions.All discussions are confidential.Range Riders are friends,colleagues,and counselors—not consultants. Although not all states have Range Rider programs,other resources may be available through the state league or state association of managers. Interim management. Often the first questions elected officials must face when a vacancy occurs are: • What should we do to ensure that the affairs of the local government are properly administered until a new manager is selected and onboard? • How do we get the recruitment process started? • Who is in charge? R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 4 First and foremost,local government officials must avoid acting impulsively and succumbing to the temptation to hurriedly appoint an administrator as a quick fix to the problems of vacancy,recruitment,and selection.Local government officials need an interim period to consider carefully the criteria they are seeking in a new administrator and to recruit and select the best possible successor who meets these criteria. Only by considering how applicants compare and measure against one another and,of course,against the criteria can elected officials be sure that the candidate they appoint will be backed by the appropriate combination of work experience and management style. Following these steps will enable councilmembers to provide sound interim management while an efficient recruitment process is under way. Appoint an interim administrator.It is important to clarify who will be responsible for directing the local government while the new administrator is being recruited.The council might want to consult with the outgoing administrator regarding possible staff members who could fill this role,or they may agree that they have confidence in a specific staff person. If there is an assistant administrator,for example,who may be considered for the position,the council often will appoint this person as interim manager.This will give them the chance to observe firsthand how he or she handles the job.Or the council might select as interim administrator a department head who is not a candidate for the position but who is mature,seasoned,respected by fellow employees,and competent. In some cases,the local government leaders may not feel there is anyone on staff to whom they can or would want to turn.In this case,it may be possible to retain the services of a recently retired manager or a manager who is between jobs.State associations,municipal leagues,or ICMA Range Riders may be sources for possible interim administrators. Regardless of who is appointed,it should be clear to&H oar government officials and staff that the interim manager is in charge.It should also be clear that this person does not have an inside track to the new position.Tithe interim manager is ultimately selected,it is because that person proves to be the best in relation to the other applicants. Act promptly.The recruitment process should begin immediately after the official decision has been made regarding resignation,retirement,or termination.Failure to do so can generate rumors within the community by various interested parties who will exert pressure on members to quickly fill the vacancy.Councilmembers must bear in mind that an impulsive response to this pressure can be divisive for the governing officials and can damage their credibility. What local government officials need to do is promptly develop and announce a specific plan and timetable for the recruitment.They must take into account any circumstances,such as an impending recall,that might cause delays, and they must communicate any changes in the established schedule to all concerned,particularly to the applicants themselves. Occasionally, a council will delay recruitment because an election is pending or a proposal to change the form of government is coming up for a vote.Even so,the initial recruitment steps should be taken immediately in order to reduce the time lapse between the departure of one manager and arrival of another. If a local government has just voted to adopt the council-manager form of government,the beginning of the search will depend on when the form becomes effective.If council elections were held at the same time and outgoing members are sympathetic to the change,it may be possible to have applications on file by the time new councilmembers are sworn in.In any case,the new council should proceed with the recruitment as soon as possible. Finally,the councihnembers must take charge of the recruitment.They must make clear to all concerned what processes they will follow to recruit and select the best administrator. Carefully consider the way the vacancy is announced.If the vacancy is the result of retirement or of the administrator moving to a new position, a simple announcement to that effect is sufficient,even desirable.When advertising the position,the local government will be able to claim that there has been great stability in the position; it now is vacant only because of retirement or of a new job opportunity for the former administrator.In this way, R e c r u i t m e n t G u i d e l i n e s Handbook 5 with the vacancy presented as an opportunity that does not come along often,qualified applicants may be drawn to the position. If,on the other hand,the position is vacant because the former administrator was terminated or quit,neither the local government nor the former administrator will benefit from a public quarrel.It is far better for all concerned (even though it may be emotionally difficult)to simply reach a mutual decision and timetable for leaving.From a recruiting standpoint,handling a difficult situation well will enhance the image of the local government.And there is less likelihood that the former administrator will talk negatively of the local government and,thereby,deter potential candidates from applying. Obtain a status report on the local government's activities and projects.Although it is not desirable for the council to immerse itself in the administrative affairs of the local government,it is important that they receive a briefing about current organizational problems and the status of important projects before the current administrator leaves.In this way,they can better monitor progress on important matters,provide direction,and set priorities for the person selected as interim administrator. Defer key actions where possible. Obviously,the local government must continue to operate during the recruitment period.The council and interim management team should do whatever is necessary to make sure that important projects and the delivery of services continue to move toward. However,they should defer key actions where possible until the new administrator is appointed.After all,to ensure effective administrative leadership in the future,it is desirable that the new administrator be involved in as many policy decisions as possible.Just filling a vacant department head position,for example,is an opportunity for the new administrator to begin building an administrative team.In fact,such an opportunity can be used persuasively to pique the interest of potential candidates during the recruitment process. Recruitment Process Just as it is necessary to determine who will provide interim administrative leadership,it also is necessary for the council to determine who will actually conduct the recruitment and to decide on the major steps and scope of the recruitment.A successful recruitment takes time and is complex.At the outset,it is essential that the council spend considerable time determining and reviewing precisely the criteria they are seeking in an administrator.See information on preparing an administrator profile. Although 100 or more applications may be submitted for a position,the number of candidates actually meeting the council's requirements may be limited.It is advisable,therefore,to supplement the advertising process by aggressively identifying and talking with potential candidates.Similarly,to ensure that finalists have the requisite work experience and management style,work-related background checks and a thorough interview process should supplement a review of resumes. Once a selection has been made,the compensation package must be developed and negotiated.It includes such issues as deferred compensation,housing,and a written employment agreement.Thus,to be effective,a recruitment must be well planned and led by someone who is knowledgeable and experienced in this area. Conducting the Recruitment The council has a number of alternatives available for conducting the recruitment. • The local government officials themselves can conduct the recruitment. • The local government can retain an outside party to conduct the recruitment • The local government can conduct the recruitment in conjunction with an outside party. R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 6 The council can conduct the recruitment itself.Many councils have successfully conducted recruitments for professional administrators.If this alternative is selected,it should be with the understanding that it is a time- consuming and complex task. Councils have the option of delegating responsibility to the chairperson of the elected body,to a committee of the local government officials,or to the council as a whole. Councilmembers must be sure to select someone on their board who is well respected and who has the time to provide the leadership and follow-through that will be necessary every step of the way.If the elected body chooses to conduct the recruitment itself,it should seek the assistance of the jurisdiction's human resources officer. The council can retain an outside party to conduct the recruitment.In some cases local government officials may ask the interim manager or a retired manager to coordinate the recruitment process.More often,however,the local government contracts with a firm that specializes in providing executive search assistance. When using an executive search firm,the council does not give up any of its authority.It continues to define what it is looking for in a new administrator;it picks the final candidates;it does the interviewing;and,of course,it makes the fmal selection.When a local government uses the services of an executive search firm,it obtains the full-time coordination necessary to conduct an effective recruitment,and it gains the expertise important to each step in the process. Typically the executive search firm begins by meeting with the elected officials both individually and as a group to help them decide what they are Iooking for in a new administrator.It is the firm's responsibility to facilitate these discussions and to help reach a consensus on such items as desirable work experience,management style,timing and scope of the recruitment,and compensation.After these matters have been reviewed,the firm coordinates the overall recruitment process and assumes responsibility for all tasks until it is time for the elected body to select and interview finalists.The firm acts as a resource throughout the entire recruitment process. Councils using these services should make certain they select a reputable firm familiar with the special requirements of local government administration.The experience of a consulting firm should be checked by letters and phone calls to the local governments that it has served. The council can conduct the recruitment and retain an outside party to assist at certain points in the process. A third alternative is for the local government to assume responsibility for conducting the recruitment and to supplement the process at some point with assistance from an executive search firm or other outside source,perhaps an ICMA Range Rider. In some cases,the council may seek assistance at the outset in thinking through the overall recruitment process and defining what they are looking for in a new administrator.In other cases,the local government officials initiate the process on their own by advertising for the vacancy.They then retain an outside source to help review resumes, conduct background checks,and structure an appropriate interview process,This alternative may be most appropriate where cost is a consideration or where the local government desires to take a more active role in the recruitment. Other participants. Once the council decides who will conduct the recruitment,other parties like staff members, citizens or citizen committees,and the press can become involved at various stages. Local government staff.Staff member roles can vary depending on who conducts the recruitment.If the council is conducting the recruitment,staff will be responsible for working with the elected body to develop an effective and legal recruitment and selection process and then placing advertisements and collecting resumes.They also may assist in scheduling interviews.If an executive search firm is involved,the firm will be responsible for all of these administrative details.In this case,the role of staff is usually limited to providing information about the local government and coordinating with the firm. Citizen committees.The council must make a decision as to whether or not to involve citizens or citizen coin- mittees in the recruitment process.In the majority of cases,the local government assumes responsibility for the recruitment and(on its own or with a firm)goes through the process of selecting a new administrator without citizen involvement. In some cases,however,elected officials have involved citizens or citizen committees in defining what the local jurisdiction is looking for,in the review process leading to the determination of finalists,and/or in the selection R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 7 process itself.However,the governing body should not lose control of the final decision-making process and candidates should not receive the impression that they are being hired by a committee rather than by the government itself.After all,once hired,the administrator is accountable to the elected body. Press.Members of the press will obviously have an interest in the recruitment process,and their involvement will be dictated in part by state law and in part by tradition.At the outset,local government officials should brief the press on the timing and steps involved in the overall process.After the deadline has passed for submitting resumes, the elected officials may wish to brief the press on the overall response. Confidentiality of resumes is a major concern in any recruitment and it can significantly affect the number and quality of resumes received.Candidates should be apprised of any applicable state laws in this area,and the council, with advice from the local government's attorney,should determine what will and will not be made public. Scope and Parameters of the Recruitment Process Regardless of who carries out the recruitment,a framework for the recruitment process must be developed.The governing body must agree at the outset on a number of key issues critical to the success of the recruitment:criteria for the position,geographic scope of the search,timing,and compensation. Criteria for the position.What is the council Iooking for in a new administrator?The council should begin with a survey of its needs and those of the local government.By reaching a general consensus on criteria for the position at the outset,even before the advertising process begins,the elected body will be better able to specify what they are looking for in a local government manager,and the council will have a specific basis for reviewing resumes, selecting finalists,and making a hiring decision. Items to be considered include local government size,its nature,the services it provides,and overall objectives and priorities.The work experience,skills,and expertise of the candidates must relate to these criteria. These types of situations should receive special consideration as the council decides on criteria. 1.A local government that has just changed its form of government will ordinarily need a manager who can inspire local government officials with the enthusiasm needed to implement the new system.A first manager in a new system should be adept at public relations and in establishing relationships with incumbent officials and employees. 2.When a manager has been dismissed or has resigned under pressure,the council tends to look for strengths in areas in which the outgoing manager showed weaknesses.There are dangers,however,in overcompensating for qualities that have led to dissatisfaction.These dangers cannot be overemphasized.If the outgoing manager gave too much freedom to subordinates,for example,suddenly changing to a strong disciplinarian might result in antagonisms that would only lead to further problems.Sometimes a new manager will be confronted with major problems that must be dealt-with immediately.If such a situation is anticipated,the council should inform any applicant who is being seriously considered. 3.When a popular manager retires or moves to a larger city,the council often asks this person's assistance in the search for a successor.Yet the council should not overlook the possible need for new strengths or different qualities. The assistance of lay citizens or of an outside consultant might be desirable at this stage. Although establishing criteria for the position can be an agonizing and difficult process,it does not have to be.In fact,-with good leadership it can be a unifying and educational process for all concerned.(For more detail,see the section on the selection process.) Geographic scope of the recruitment.Once a vacancy is advertised,resumes will usually be received from individuals in different parts of the country.At times,a particular executive search firm will specialize in attracting candidates from a certain region.It is assumed that the local government is looking for the best candidate and that all resumes received will be reviewed carefully. For purposes of an aggressive search for candidates,however,some local governments will choose to focus on their state or region,thinking that these candidates may have a better understanding of and orientation to local problems, legal issues,financing alternatives,and similar matters.On the other hand,as local governments grow,they Recruitment Guidelines Handbook 8 increasingly prefer an aggressive nationwide search for individuals who have demonstrated an ability to manage in a complex urban environment and who might bring a fresh perspective. Timing.The timing of the recruitment can sometimes be affected by publication deadlines,which are important in terms of properly advertising the vacant position,An ideal timetable would provide at least 60 days from the start of the recruitment to the deadline for submitting resumes;30 days to review resumes,conduct background checks, interview candidates,and make a selection;and at least 30 days for the new administrator to relocate. Because top candidates often view submitting a resume as a major career decision,it is important that they have adequate time to consider the opportunity,discuss it with their families,and prepare an appropriate resume. Similarly,the council or the executive recruitment firm needs sufficient time to review resumes and conduct background checks to ensure that good candidates are not overlooked and that finalists meet the desired qualifications of the governing body.Again,it cannot be overemphasized that the recruitment should move forward expeditiously while at the same time allow adequate time for a thorough and comprehensive process. Compensation.A final item to be considered at the outset of the recruitment is compensation.It is important for the local government to have some general understanding of the acceptable salary range,but it also is important that it leave itself some flexibility in this area. The posture of public officials in most successful recruitments has been to leave salary open,commensurate with background and experience.This does nothing to discourage interested applicants from applying,yet it does not commit the local government to anything.This approach basically says that the locality wants the best administrator it can find,and that it does not expect anyone to come to work for less than what he or she is currently earning. From a practical standpoint,every local government has compensation limits,and this can be taken into account by reviewing the current salary of applicants at the time finalists are selected.By leaving salary open at the outset,a locality has helped to ensure that it will have a maximum number of applicants to consider and it has left itself the flexibility to pay a higher salary that is what it takes to hire the first-choice candidate. ICMA encourages local governments to establish a salary or salary range and to provide applicants with that information at the time the position is advertised.It does recognize,however,that this information cannot always be provided at the time of recruitment. Recruiting Applicants Generating a sufficient pool of qualified applicants is a key part of the recruitment.It involves advertising for and soliciting candidates to be sure that qualified candidates are not overlooked.(Specifics of the applications process are discussed in the following section.) Advertising.It is in the interest of the local government to be sure that everyone who might have an interest in the vacant position is aware that the recruitment process is under way.Thus the advertisement itself should be carefully worded and the advertising program should be comprehensive. To be comprehensive,however,an advertising campaign does not have to be extensive or expensive.Most local governments,for example,avoid advertising in general circulation newspapers for an administrator unless there is a local requirement to the contrary.This is an expensive form of advertising that produces few results. More effective sources can be found with organizations directly related to local government.In addition to ICMA, this includes the National League of Cities,the National Association of Counties,the National Forum for Black Public Administrators,and the American Society for Public Administration.Resources at the state level include state municipal leagues and county associations. Local governments have some flexibility when preparing and placing advertisements but at a minimum,the advertisement should include these items: • Name of the local government. • Title of the vacant position. R e c r u i t m e n t G u i d e l i n e s Handbook 9 • Population of the local government. • Amounts of the operating and capital budgets. • Number of full-time employees. • Services provided. • Statement that salary is open and commensurate with background and experience. • Filing deadline,including any special items of information desired like current salary and work-related references. • Brief description of key areas of interest and desirable experience and qualifications. • Where and to whom to send resumes. • Web site of the local government. Some publications permit the use of display ads that call for an innovative format incorporating the local government logo and/or graphics.For a modest extra cost,these ads offer the local government an additional opportunity to impress potential candidates. Solicitation of candidates.While advertising can generate outstanding applicants,and local governments should look closely at all resumes that are received,local governments should supplement the advertising process by identifying outstanding potential candidates and inviting them to apply. Useful sources of information about potential candidates include members of the local government,the current administrator,former and retired administrators,local government officials in adjacent communities,executive directors of state leagues,directors of university public administration programs,and ICMA Range Riders. When soliciting candidates,once a list of names has been compiled—and the emphasis should be on quality rather than quantity—the council should send a letter of invitation advising the individual of the opening and requesting that a resume be sent if there is an interest in the position.The letter,which should be personally typed,should enclose a basic package of information describing the local government(see the section on applications)and the vacant position. Once the letter has been mailed,a follow-up telephone call should be made to confirm that the letter was received, assure the recipient that it was not a form letter,indicate why the position is a good career opportunity,and answer questions.The same deadline for submitting resumes should be used in both the advertisements and the supplemental letters of invitation.For the purposes of confidentiality,all correspondence should be sent to the applicant's private residence. In-house candidates.The local government should be sure to inform local government employees of the vacancy and how and when to apply.It may be that the local government will even want to invite one or more employees to submit a resume.Whether in-house candidates are solicited or apply on their own,it is important that they be treated in the same manner as other applicants. It should be made clear that if an in-house candidate is ultimately selected as administrator,it is only because the council felt that the candidate was the best choice hi comparison with the other applicants.While most applicants will receive written notification of their status,the council may wish to talk personally with in-house applicants who were not selected to ensure good communication with staff,maintain morale,and help ensure an orderly and positive transition. Applications and Relations with Applicants The applications process is the point where effective screening of applicants begins.For this part of the recruitment to be successful,the council must proceed carefully and with considerable thought.This section deals with such issues as whether or not to use a standardized application form,providing potential candidates with key information about the position and the local government,and the importance of establishing and maintaining good relations with Recruitment Guidelines Handbook 10 applicants.If high-quality candidates are to be encouraged to pursue the vacancy,then the local government needs to present a portrait of itself as a well-run,organized,and efficient organization. Application form.Most local governments prefer to ask applicants to submit a resume in whatever format they believe will be most effective,rather than a standardized application form.From the standpoint of the applicant,this approach provides flexibility to present past work experience in a way that is directly related to the position in question.At the same time,it permits the local government to see how the applicant organizes and presents material in a written format.The manner in which materials are prepared can be an indication of real interest in the position. If an application form is used,it should be easy to complete,and the information requested should be related to the vacant position. Relations with Applicants—Do's and Don'ts Do: Keep all candidates informed of their status at all times. Select a short list of the most promising candidates. Carefully check references on those candidates judged best qualified. Call these candidates for interviews at your local government's expense. Visit,if possible,the localities in which the most promising candidates work. Send the candidates under consideration copies of your government's budget,charter,annual report,and other pertinent documents. Pay expenses of candidates called for a second iterview(and of their spouses/partners). Be prepared to enter into a formal written employment agreement with the successful candidate. Promptly notify all other candidates once the selection has been made. Keep all information strictly confidential throughout the entire recruitment and selection process,unless state law requires otherwise. Don't: Don't limit your recruitment and investigation to"home towners"or to a single candidate. Don't' let the selection process last too long. Don't expect to get all necessary information about candidates from written material. Don't forget that you are seeking overall management ability,not technical competence in one specialized field. Don't release for publication any names or local governments of candidates,unless state law requires it. Don't overlook in candidates the need for municipal administrative experience and the advantages of value of college or university training,post-degree training,and continued professional development. Providing information.Serious applicants will not submit a resume for consideration until they have done their homework and satisfied themselves that the vacant position does represent a good career opportunity. Often they will seek information from local government officials about the local government and the position. This is one of the first places where a potential applicant will form an impression of the local government.If the impression created is that the recruitment is disorganized,that members of the local government are not sure what R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 11 they are looking for or are saying different things,and that sufficient information about the locality is not easily obtained,potential applicants may simply lose interest and not apply. On the other hand,if their impression is that the local government has spent time considering the position;that the recruitment is well organized;and that information is readily available,positive,complete,and effectively packaged,this can tilt the scales in favor of submitting a resume.Here are the items that a basic information packet should include: 1.A copy of the criteria for the position indicating key objectives and priorities as to what the local government is looking for. 2.Ordinance or charter requirements if they contain significant or unusual provisions regarding the position. 3.Summary information about the local government,including organization structure,personnel practices,number of employees,services provided,and budget data, 4.A timetable indicating the principal steps and time frame for the overall recruitment. 5.Information on the local government in the form of a chamber of commerce brochure or similar publication,if such is attractively prepared and available. 6.Web sites that contain information on the local government. Acknowledging applications/status report.All too often,recruiters overlook the simple and courteous step in the recruitment process of acknowledging resumes as they are received and notifying applicants of their status as the recruitment proceeds.Prompt acknowledgment of resumes is one indication that the process is being handled in a businesslike way,and it can further impress the applicant positively. Similarly,notifying all applicants as to their status,even if they are not selected as finalists,is a basic courtesy that will affect how the candidate views the local government.The initial acknowledgment also should inform the applicant of the recruitment timetable.Unless there are unusual or unanticipated delays,this notice should be sufficient until applicants are actually notified as to their final status.To maintain confidentiality,all correspondence should be directed to the applicant's home,not business address. Confidentiality.Confidentiality is an important consideration in any recruitment.Applicants are concerned about the potential damage to their present job security and long-term career opportunities if premature disclosure of their interest in another position is made public.While applicants realize that the local government will want to contact their present employer to conduct background checks and assess the job they have done,they typically prefer to wait until it is clear that they are going to be considered as finalists for the position. The elected body should determine,at the outset,the extent to which the recruitment process will be confidential. This should be decided with advice from the local government's attorney because open record and disclosure statutes vary from state to state,If disclosure of applicants'names is likely to occur at any point,potential applicants should be advised so that they may take this into account in deciding whether or not to pursue the vacancy. From a recruiting standpoint,assurance of confidentiality will result in more applications being submitted, particularly from those who are presently employed elsewhere.Because of the importance of confidentiality to both parties,such assurances should be honored and contacts with present employers should be coordinated with the applicants in order to provide the applicants with adequate time to first notify their current employer.There is no faster way to damage the image of the local government and to lose good applicants than to violate the trust or assurance that was given regarding confidentiality. R e c r u i t m e n t G u i d e l i n e s Handb o o k 12 Selection Process Once the deadline for submitting resumes has passed and all applications have been received,the selection process begins.Principal steps include reviewing applications,determining finalists,interviewing finalists,conducting such post-interview activities as second interviews,and making the final selection. Reviewing Applications The selection process begins with a review of all resumes that have been submitted.The advertised deadline for submitting resumes usually is viewed as a planning deadline;therefore,all resumes are considered even if they arrive after the deadline.Because it is not unusual for a local government to receive in excess of 100 resumes for a vacant position,guidelines must be in place for the review to be efficient and thorough, One approach is to give each member of the council a fixed period of time to review all resumes and to recommend those applicants who should receive further consideration,One councilmember will then group the common choices together and resolve whether those who were not picked by the majority of the reviewers will receive further consideration. Another approach is to ask a committee of the council to assume responsibility for the application review process and to recommend a group of finalists to the council as a whole.Sometimes the local government calls on managers in the area or ICMA Range Riders in the state to assist in the narrowing-down process.Applicants should be advised if this last procedure is used,the confidentiality of resumes should be maintained.In other cases,a search firm or the locality's human resources officer can make a first cut to reduce the applicant pool. Here are steps that are particularly important in the resume review process: 1.All resumes should be acknowledged.Ideally,resumes will be acknowledged as soon as they are received.The acknowledgment should incorporate a broad timetable that provides the council with adequate review time before finalists are selected. 2.The process should move forward as promptly as possible.If the review process takes too long,it alerts the candidate to a possible lack of leadership and indicates that the process is not well organized.Such signals can cause well-qualified applicants to have second thoughts and to change their minds. 3.The confidentiality of resumes should be maintained and should be consistent with applicable state law and the advice of the local governments attorney.Contact with others as part of the review process is important and even expected but it should be coordinated with the applicant.The local government must avoid jeopardizing an applicant's current position.Thorough background checks and references are usually conducted after the council has narrowed down the group of applicants and after the candidate has been informed that references and others will be called. 4.Resumes should be evaluated against the criteria for the position that were developed at the outset of the recruiting process.Here are criteria to look for in the review process: • Has the applicant had experience working in a local government of comparable size? • Has the applicant had experience with the variety of services delivered by the local government?Has the experience been comparable in terms of budget size and number of employees? • Has the applicant worked in a similar geographic area?Is the applicant likely to be comfortable in a rural or urban setting and familiar with the usual problems faced by the local government? • What specific responsibilities has the applicant had,and what has the applicant accomplished?How does this compare with the objectives and priorities of the local government? • Has the applicant had broad administrative and supervisory authority,or has the experience ofthe applicant been limited to research or administering activities in specialized areas? • Has the applicant worked directly with the local government in the past?Does the applicant have experience working with citizen and other groups? R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 13 • What is the employment history of the applicant?Does it suggest a pattern of broad experience and increasing responsibility?Does the applicant have good tenure with each employer,or is there a pattern of frequent movement from one position to another? Whereas a short tenure in the previous position may or may not be significant,a series of short terms should be a warning that more thorough inquiry is needed.By the same token, 10 years of experience is not necessarily preferable to five,or five to three.In fact,a person with a long tenure in one position may find it difficult to adjust to another.Similarly,age also does not necessarily correlate with maturity of judgment or adaptability. • Is the applicant concerned with continuing professional development and participating in training programs and professional organizations? • What is the current salary of the applicant?Does it fit within the parameters of the local agency? • How have the resume and letter of transmittal been prepared?Do they suggest a real interest in the position?What does the resume itself tell about the person? Determining Finalists When the resume review process has been completed,it should be possible to narrow the total group of applicants to a smaller group of perhaps 15 to 25.This group will be subject to more thorough background checks and ulti- mately narrowed to an even smaller number of applicants.The latter group will be designated as finalists and invited for interviews.These considerations are important when determining finalists: 1,The council should resist the temptation to select finalists before background checks have been completed,One of the resume reviewers may suggest,for example,that based on the resume alone,the council should select finalists and move right ahead to the interviews. However,while resumes are helpful as an initial screening device,they also can be misleading.They reveal nothing about the management style,personality,or interpersonal skills of the individual in terms of his or her ability to work effectively with people.They also can create an exaggerated impression of actual work experience, responsibilities,and accomplishments.It is neither practical nor necessary to conduct background checks on all applicants,but an important interim step is to conduct background checks on a smaller group as a prelude to and basis for selecting finalists. 2.Be sure the background checks are work related.The purpose of the background checks is to provide a solid reading of the candidate's ability to handle the job and to work with people.Consequently,background checks should be conducted primarily with people who know local government,understand the job of a local government manager,and have a firsthand knowledge of the performance of the applicant in this area. Such work-related background checks would normally be based on conversations with current and former members of the local government,including the mayor and councilmembers;staff members with whom the applicant has worked closely and/or supervised;and others who have worked closely with the applicant,including the chamber of commerce director and the superintendent of schools.Background checks also can be conducted with state/provincial association officers,institutes of government staff members,and state league directors. As indicated previously,confidentiality is extremely important,and the local government should be sure to coordinate with the applicant in terms of any background checks that are undertaken. 3.When conducting background checks,these guidelines are important for ensuring consistency and thoroughness: • Have one person perform all the background checks.This can be difficult for one person to handle,however,especially if three background checks are desired.Also,it can be helpful if two or more people compare notes on the same candidates. • Address similar issues and questions to each applicant to provide a good basis for comparison. R e c r u i t m e n t G u i d e l i n e s Handbook 14 • Talk with enough people to get a consistent reading as to the strengths and weaknesses of the individual.If a person can say only good things about the applicant,ask him or her directly what weaknesses the applicant has. • Use the background checks to learn about the applicant's ability to work effectively with people,to develop a more complete understanding of the applicant's work experience and specific accomplishments,and to see if the applicant's qualifications match the criteria for the position. • Include verification of educational credentials in the background check process. There is another possible step to use to narrow down the list of finalists.The candidates can be asked to respond in writing to a limited number of questions that members of the governing body agree on.These might include asking how the person would handle a particular situation or asking if he or she has had experience dealing with specific situations. 4.The group of finalists should be large enough to expose the council to an array of personalities.In most cases,a minimum of five candidates should be interviewed as fmalists.The local government also may wish to establish a backup group in case some of the finalists decide not to pursue the position any further. interviewing Finalists Once finalists have been selected,the interviewing process begins,and the local government can proceed with these steps: 1,Confirm with each candidate that he or she has been selected as a finalist.Each finalist should be congratulated and made to feel that the council is pleased to have reviewed his or her resume.At the same time,the continuing interest of the individual in the position should be confirmed. 2.Advise each finalist of the nature of the interview process,including date and time.Confirm for the finalist now many others will be interviewed,whether there are any in-house candidates,and when you expect to make a decision.Indicate that all such information will be confirmed in a follow-up letter. 3.Assure the applicant that confidentiality will be maintained,unless state law or the advice of the local government's attorney dictates otherwise.The applicant should be advised if the names of finalists are to be made public and given the opportunity to withdraw. 4.Indicate that a more complete package of information about the local government will be mailed directly to the applicant's home in advance of the interview.Here is information that might be included: • Current budget and financial report. • Recent bond prospectus. • Organization chart. • Personnel rules and regulations. • List councilmembers and their occupations. • Copies of council minutes for the past several months, • General plan and land use map. • Statement of local government goals,objectives,and priorities. • Any other material that would be of particular relevance,given the goals and objectives of the local government and the criteria for the position. R e c r u i t m e n t G u i d e l i n e s Handbook 15 5.Confirm local government policy on reimbursement of expenses incurred in conjunction with interview.Most local governments reimburse candidates for all out-of-pocket expenses,including reasonable transportation,room, and board.("Reasonable"is intended to eliminate first-class airline tickets,four-star hotels,and gourmet restaurants.) Such reimbursement of expenses is another way the local government can demonstrate its interest in the candidate. It reinforces the positive nature of the recruitment process and makes the difference in some cases as to whether the fmalist is able to attend at all.In cases where there is strong reluctance on the part of the council to reimburse all expenses,the local government can share expenses with the candidate or can agree to reimburse all expenses incurred after the first trip. The local government staff can offer to handle all reservations,transportation,and related matters but this can be cumbersome and time consuming.In most cases,the local government confirms the time and place and lets the finalist make his or her own arrangements.Finalists usually prefer this approach as well. The interview itself can take a variety of forms.(See section with suggested interview questions.)Two techniques commonly considered are the traditional interview and the assessment center evaluation and interview. Council interview.Typically,the elected body as a whole meets individually with each finalist.Most local governments use this approach,During the interview they question the applicant about a variety of matters like overall work experience,specific accomplishments,career objectives,alternative approaches to practical problems faced by the local government,and similar matters.The interview gives the candidate an opportunity to evaluate the elected body as a group and to ask questions.An important issue to discuss during the interview is the council's working relationship with the manager,clarifying all roles and responsibilities. Organizing this type of interview is relatively easy and does not require a large commitment of time on the part of the local government and candidate.It can create a comfortable setting that contributes to an open and relaxed discussion.Because this initial interview may be limited to an hour,a second interview with one or more of the finalists may be desirable. Assessment center evaluation and interview.The assessment center technique involves role playing and other exercises with the candidates as a group,in addition to the traditional interview.It is most frequently used in the recruitment of public safety and other management-appointed positions(and has been used only occasionally by local governments recruiting administrators),but if well planned and organized,it can be used effectively in recruiting a local government administrator. The major advantage in an assessment center interview is that the employer is able to see how one candidate relates to others in a group situation.Because it tends to pit one candidate against another in a group situation,however,it is important that the candidates be properly briefed to minimize any concerns regarding the process.In addition,this technique can work only if all councilmembers are committed to taking the time necessary for role playing and if they feel comfortable participating in an"acting"situation. Regardless of which technique is used,these guidelines are important: 1.The interview process should be well organized and the setting comfortable.All members of the local government should participate but one discussion leader should be designated.The interview process not only provides the council with an opportunity to improve its knowledge of finalists,but it also influences the candidate's interest in the position.Because the process should help cement the interest of the candidate in the position,local government officials may wish to arrange additional events like a dinner or a tour of the local government. 2.The council may choose to supplement the usual discussion between councilmembers and finalists by inviting staff or community leaders to participate.For example,finalists may meet with department heads or other staff to review departmental operations in more detail or to receive a tour of the local government.Or,finalists may meet with selected community leaders to receive their input on matters they consider important to the local government, If this option is taken,it should be made clear to all involved that these meetings are designed to provide the Recruitment Guidelines Handbook 16 candidate with additional information on the local government and will not be involved in the actual selection of the administrator.Obviously,the councilmembers should carefully select the individuals with whom the finalists will meet,Again,the importance of maintaining confidentiality cannot be overemphasized. 3.If the spouse/partner of the candidate is invited to accompany him or her,it is important that this part of the process be as well organized as all matters concerning the candidate directly.Here,too, an important impression about local government image is being made.The interests of the spouse/partner should be carefully determined and accommodated.This could include a tour of the local government, an opportunity to talk with realtors and visit homes,and a briefing on schools in the area and local employment opportunities.Spouses/partners should never be included in a formal interview process,nor made to feel as if they are being interrogated in any way. 4.During both the formal and informal meetings between the council and the finalist,discussions and questions should focus on the criteria for the position that were established at the outset of the recruiting process.Obviously, discussions should stay within acceptable legal parameters and should not touch on politics,religion,and sexual preferences. 5.Do not spend time during the initial interview talking about compensation,except to ask what the expectations of the finalist are in this area.If the council is aware of general expectations,they can take this into account in making a final selection and in subsequent negotiations on total compensation.To discuss this subject in any detail during the initial interview detracts from the time needed to consider more substantive questions and can result in a defensive or argumentative atmosphere with a candidate before it is even clear that the position will be offered. 6.The personal interview should occupy at least an hour,It is difficult to pursue a range of questions in less time, and it will be offensive to the candidate who may have traveled some distance for the interview. 7.A final guideline,regardless of which interview technique is used,is that the council should continue to avoid impulsive action and should take whatever time is necessary to arrive at a comfortable and well-reasoned decision. However,again,the interview process and related follow-up activities should move forward as promptly as possible so as not to lose momentum or encourage serious applicants to have second thoughts.Of course,once a final decision has been made,all of the other applicants should be notified of their status. Post-interview Activities When the interview process is over,either one person has emerged as the clear choice of the council,or the pool of candidates has been narrowed down to several whom local officials would like to pursue further. If there is one person who is the clear first choice,the council can simply notify the candidate,confirm his or her willingness to accept the position,and then move right ahead to finalize a total compensation package and discuss other related arrangements(see section on finalizing arrangements).A second interview at the council's option can provide the opportunity to discuss the position and the applicant's qualifications in more detail. If,on the other hand,there are still two or three applicants to whom the council would like to give further consideration,several options exist.The council may wish to invite the candidate,and possibly the spouse/partner, back for a second interview.A longer interview,coupled perhaps with some sort of function such as a dinner,can often provide the insight needed to make a final decision. Conducting more extensive background checks with individuals in the candidate's current community or making an on-site visit to the candidate's current community are other options.Either of these latter two activities can be helpful in reaching a final decision,but it is essential that they be conducted with the full advance knowledge of the candidate.It also is advisable to conduct a discreet credit and police check. Until all arrangements have been finalized with the first-choice candidate,the council may wish to hold off notifying the other finalists,if the council is unable to satisfactorily conclude negotiations with their first choice, they may need to engage in discussions with one or more of the other finalists.Again,from an image standpoint,it is important that all applicants Iearn first about selection from the local government as opposed to hearing about it from another person or reading it in a newsletter,professional publication,or the press. R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 17 Finalizing Arrangements Once the local government has made its decision and the candidate has indicated a willingness to serve as a local government administrator,there are a number of fmal arrangements to be completed.They include negotiating a compensation package and completing transition activities.Only then can the new administrator relocate and begin work. Negotiating Compensation Because negotiating a total compensation package can be a long and frustrating process,the council needs to ensure that relations with the new administrator get off to a good start.Nothing should happen that causes the new administrator to reconsider. • First,the atmosphere should be friendly and relaxed. • Second,the approach of the negotiator should be flexible;negotiating implies a willingness to consider options and alternatives in pursuit of an acceptable package.There may well be more than one way to meet the financial objectives of the new administrator. • Third,the council should be realistic.No matter how beautiful and desirable the community or position may be,no one (except in highly unusual circumstances)will accept the new position without an increase in pay over his or her present salary. In compensation negotiations,base salary is the place to start.The councilmember conducting the negotiation should keep these questions in mind. 1.Ultimately,what salary will be acceptable to the council? 2.What is the bargaining range? 3.What is the current salary of the applicant? 4.During the interview,what type of salary and total compensation package did the candidate discuss? ICMA,the National Association of Counties,and state leagues of cities and counties are sources of information on the salaries of administrators in local governments around the country. Elements of a total compensation package typically include: • Base salary. • Deferred compensation. • Severance pay. • Use of government car or car allowance. • Retirement plan. • Medical and other insurance(dental,optical,life,disability). • Vacation. • Holidays, • Sick leave. • Membership dues and conference attendance fees. R e c r u i t m e n t G u i d e l i n e s Handbook 18 Before the negotiation begins,the council should ask the candidate to provide a written itemization of current total compensation, along with a copy of a current employment agreement,if one exists. After receiving this information,council should outline a proposed package.Usually there will be no negotiation on some benefits that are similar from one local government to another,such as medical insurance or holidays. Variables most often relate to cash compensation,take-home pay, and particular financial objectives like deferred compensation. The proposed compensation package should(1)leave the individual whole on basic benefits;(2)provide an appropriate step forward in cash-related benefits;(3)ensure an increase in take-home pay,and(4)deal with any particular financial objectives that the new administrator may have. During the negotiations,some issues will arise that do not relate to the total compensation package but may well have significant financial implications for both the local government and the applicant.Both parties need to be flexible and realistic in dealing with these issues: Moving expenses.It is common for local governments to pay the one-time cost of moving the administrator and his or her family and household furnishings to the new local government.Sometimes both parties agree on a"not-to- exceed"figure based on estimates from moving companies. Temporary housing.An allowance for temporary housing is usually provided until the new administrator is able to sell his or her former home and/or relocate the family.Typically,this amount is sufficient to cover the cost of a modern furnished apartment or condominium.Again,both parties may agree to a fixed time period or amount. Commuting expenses.As with temporary housing,the local government often will agree to reimburse the administrator for periodic family visits or for the spouse/partner to visit for house-hunting purposes. Housing assistance.Regional variations in the cost of housing or housing financing can complicate the negotiations.There now is considerable precedent for local governments—using appropriate safeguards and limits—to assist in the purchase and/or financing of housing for the new administrator.A variety of options exist, including a loan,a salary supplement,or a shared equity purchase. Finally,the council should be prepared for the possibility that they will be unable to reach agreement on compensation or other matters with the first-choice candidate.In these instances,the local government typically enters into negotiations with its second-choice candidate.As indicated previously,once an agreement has been finalized,all other applicants should be promptly notified that they were not selected. Once salary,benefits,and other finance-related issues have been worked out,it is time to move to a few remaining and important transition activities. Transition Activities After the local government and new administrator have reached agreement on such issues as compensation,starting date,and method and timing of announcing the selection in the administrator's new and old local government, transition activities begin. Employment agreement.Written employment agreements are increasingly used to avoid any misunderstanding on the part of either party.It is in the interests of both the community and the manager to have a written summary of the terms and conditions of employment to which both parties have agreed.The stable working situation created by an agreement helps attract and keep top-flight managers in a generally mobile profession. Spelling out the salary, benefits,and other conditions of the manager's job puts those items where they belong—on a piece of paper where both parties can know what is expected—and removes them from the daily agenda of managers and elected officials. While such an agreement usually does not refer to a specific term of employment,permitting either the local government or the administrator to terminate for cause or at will,it should include a section providing the administrator with severance pay for a fixed period of time if he or she is terminated by the local government.This R e c r u i t m e n t G u i d e l i n e s Handb o o k 19 provides important personal and professional security for managers who have the rather unique situation of working at the pleasure of the governing body with the possibility of being dismissed for any reason at any time. While not a lengthy legal document,the employment agreement usually is drafted by the local government's attorney.The new administrator often is given an opportunity to prepare a first draft for consideration.ICMA recommends the use of employment agreements.If an employment agreement is not used,at a minimum a formal letter of understanding should be prepared. General assistance.For a smooth transition,the local government should offer whatever general assistance the new administrator might need in moving. Such assistance might include introductions to realtors and bankers,support to the spouse/partner in finding suitable employment,and similar activities. Orientation meetings.The local government should arrange to introduce the new administrator to department heads and local government staff.While the new administrator may have met some of these people during the interview process,a special meeting or reception can be a pleasant way to turn over responsibility.Similar meetings,briefing sessions,and/or receptions can be arranged to introduce the new administrator and his or her family to community groups,civic leaders,and citizens in general. Local government work session,orientation,and review of objectives.It is desirable to have an initial work session with the new administrator to discuss and clarify initial expectations on both sides and to review goals and objectives.Even though some of these issues may have been raised during the interview process,communication from the outset can help ensure a smooth working relationship. Performance evaluation.Using the position's goals and objectives as a starting point,the local government and new administrator should agree to an annual or semi-annual review of the performance of the administrator.This established and formal process helps to ensure that communication between the parties is maintained,that progress is monitored,and that goals and objectives are reviewed and refined on a regular basis. Employment Agreements Here are some elements of an agreement that a council might consider: Preliminaries Duties Terms of the agreement Termination notice Removal and severance pay Salary Hours of work Automobile Moving expenses Home sale and purchase Dues and subscriptions Professional development Conferences General expenses Civic club memberships Vacation leave Military reserve leave Sick leave Disability insurance Health insurance Life insurance Deferred compensation and retirement programs Recruitment Guidelines Handbook 20 Other fringe benefits General provisions Contract execution provisions Conclusion Recruitment and selection of a local government administrator is a comprehensive and complex process.As difficult as this process is,it has great potential to be a valuable and rewarding experience.Not only does it force local government officials to think about their objectives and priorities,but it gives them a rare opportunity to work together in a way seldom experienced when considering agenda items at a council meeting. If recruitment of a local_government administrator is conducted according to the guidelines outlined in this document,the chances of developing a positive and beneficial long-term relationship among the council,the administrator,and the community are greatly enhanced.The process can and will work if it is well organized and planned. (See summary checklist and timetable.)This list reiterates some of the main steps that the Iocal government must take for the recruitment to proceed smoothly,satisfactorily,and successfully. • Be sure the recruiting process is well organized and coordinated from the outset. • Maintain control of the process and the hiring decision;don't act impulsively but do move rapidly toward a selection once applications are in. • Be sure to involve in the recruitment only those who have demonstrated competent leadership skills or are knowledgeable about the process. • Remember that recruiting an administrator is a two-way street and that the local government has a responsibility to present the position attractively,to describe the operation of the local government,to show interest in the applicants, and to be competitive. • Assure all applicants that confidentiality will be maintained. • Know what you are looking forwhen recruiting to fill a vacant position;survey the needs of the local government. • Advertise for the position by defining clearly what you are looking for. • Identify and invite outstanding potential candidates to apply. • Acknowledge all applications and notify applicants of the status and timing of the recruitment. • Carefully review all resumes and applications against position requirements and criteria. • Evaluate the backgrounds of leading applicants and check work-related references as a basis for selecting finalists. • Use the traditional interview,assessment center evaluation,or some similar technique as a basis for making a hiring decision. • Negotiate a total compensation package and put all terms and conditions of employment in writing. Resource Groups Individual state and country organizations and state leagues of cities and counties are good resources to use when recruiting a Iocal government administrator.They also publish a variety of newsletters and publications that are useful for advertising administrative positions. R e c r u i t m e n t Guidelines Handb o o k 21 Here are organizations and publications with a national and international appeal and distribution: American Society for Public Administration(ASPA) 1120 G Street,N.W. Washington,D.C.20005 202)393-7878 Web site:http://www.aspanet.org Publication:Public Administration Times International City/County Management Association(ICMA) 777 North Capitol Street,N.E., Suite 500 Washington,D.C.20002-4201 202(626-4600 Web site:http://icma.org To post job ads,go to http://jobs.icma.org Publications:ICMA Newsletter,Job Opportunities Bulletin for Minorities and Women in Local Government (J.O.B.) National Association of Counties(NACO) 440 First Street,N.W. Washington,D.C.20001 202/393-6226 Web site:http://www.naco.org Publication: County News National Association of County Administrators(NACA) 777 N.Capitol Street,N.E.,Suite 500 Washington,D.C.20002-4201 202/962-3539 Web site:http://www.countyadminstrators.org Publication:County Administrator National Forum for Black Public Administrators(NFBPA) 777 N.Capitol Street,N.E.,Suite 807 Washington,D.C.20002 202/408-9300 Web site:http://www.nfbpa.org Publication:Job Hotline at 1-888/766-9951 (prompt is 401) National League of Cities(NLC) 1301 Pennsylvania Avenue,N.W. Washington,D.C.20004-1763 202/626-3000 Web site:http://www.nlc.org Publication:Nation's Cities Weekly Recruitment Guidelines Handbook 22 Suggested interview Questions These general suggestions can be supplemented by more specific questions related to particular objectives, problems,and priorities of the local government: 1.Describe your background and experience.What have been the areas of emphasis? 2.How does your experience qualify you for this position? 3,Have you had experience in all areas of local government service?If you have not had experience in certain areas,how would you approach management in these areas? 4.What experience do you have with budget preparation and finance? 5.What experience do you have with personnel and labor relations? 6.How do you work with the news media? 7.How do you describe your management style? 8.What is your experience as a supervisor?How many people have you supervised? 9.Have you ever had to terminate an employee? What process did you follow? 10.What are your thoughts on performance evaluation?What process do you follow to set objectives and monitor performance? 11.How will you go about assessing the strengths and weaknesses of the organization and identifying opportunities to improve? 12.How do you approach the planning process?What system do you use to set objectives and priorities? 13.What is important to you in establishing effective working relations with others? 14.How do you view the relationship between the administrator and governing body?How do you view your relationship with department heads and local government staff? 15.What techniques have you found to be most successful in assisting local government officials establish and implement long-and short-range goals for the community? 16.To what extent do you believe contact with citizens and citizen groups is important?How do you typically handle this responsibility? 17.What experience have you had working on an intergovernmental or interagency basis?Have you worked directly with the state and federal governments,councils of governments,and other units of local government? 18.What will your first steps be upon assuming responsibility for this position?What do you hope to accomplish in the first year? 19.From your limited vantage point,what do you believe to be the challenges and opportunities facing our organization?How is this likely to chauge in the future? 20.What are your strengths and weaknesses? 21.Why are you interested in this position? 22.What are your expectations with respect to compensation? 23.What questions do you have of us [reference here is to members of the governing body]? Recruitment Guidelines Handbook 23 Suggested Interviewing Techniques Here are some recommended do's and don'ts when interviewing candidates.Remember that the law does not prohibit employers from obtaining all the information about a candidate they deem important,so long as the questions are job-related and do not elicit information that could be used for discriminatory purposes. Do: 1.Question objectively.Relate questions to the requirements of the job and be consistent from one applicant to the next. 2.Ask questions that require more than a yes or no answer.Use general or open-ended questions. 3.Avoid unduly sympathetic or unsympathetic words,gestures,or facial expressions that would make the candidate think you agree or disagree with his or her answer, 4.Avoid posing a problem or situational question combined with possible solutions.Let the candidate generate his or her own solution. 5,Develop questions based on earlier statements made by the candidate. 6.Ask questions designed to encourage the candidate to reveal what knowledge and expertise he or she possesses. 7.Avoid"trick"questions. 8.Avoid displaying your personal opinions or viewpoints through the questions you ask. 9.Listen attentively to every question asked and every answer given.Make the candidate aware that you are listening by looking at him or her while speaking. Don't: 1.Let early biases form. 2,Ask unnecessarily long questions. 3.Let the candidate digress beyond the point of answering questions satisfactorily or showing that he or she is unable to answer what is being asked. 4.Ask confrontational or intimidating questions. Summary Checklist and Timetable • Designate an interim administrator, Week 1 • Obtain a status report on local government activities and projects. Week 1 • Confirm the recruiting process that will be used. Week 2 o Determine who will be responsible for conducting the recruitment. o Establish criteria for the position. o Decide on scope of the recruitment and all steps involved. o Confirm compensation parameters. o Establish a timetable for the recruitment process. R e c r u i t m e n t G u i d e l i n e s Handbook 24 • Prepare and place advertisements for the position in appropriate publications. Week 2 • Identify outstanding potential candidates and send them a written invitation to apply for the position. Weeks 3-4 • Personally contact the outstanding potential candidates as a follow-up to the written invitation to apply. Weeks 5-6 • Acknowledge all resumes as they are received. • Review all resumes after the application deadline has passed. Week 7 • Conduct work-related background checks on a smaller group of applicants and then reduce this number of finalists to a manageable number. Week 8 • Confirm the selection process that will be used. Week 9 o Determine finalists. o Determine policy on reimbursement of finalist expenses. o Establish a timetable for the selection process. • Notify finalists and schedule them for interviews. Week 9 • Conduct first and second interviews and make a selection. Weeks 10-1 1 • Negotiate terms and conditions of employment and put all terms in writing. Week 12 • Finalize related arrangements. Week 12 o Determine a starting date. o Confirm a method of announcing the hiring decision. o Advise all other applicants of their status. o Plan an orderly transition. Suggested Administrator Profile Developing a profile of the ideal administrator provides the background against which to evaluate candidates for the position.Here is a checklist that any community can use as a model.Each council or board member can begin by filling out the form,and then all members of the governing body can use the individual rankings to reach a consensus on how the group rates each item.Remember that each community has some specific issues or concerns that rank higher than others.An honest evaluation of what skills and attributes are most important to a community is critical at this point. Once the council has reached consensus,one or two members who are capable writers can convert the checklist into a profile similar to the sample here.This profile can be shared with candidates who apply for the position so that they have a clear picture of the governing body's preference.All people involved in the job interviews should also have copies of the profile so that everyone is working from a common understanding of the type of person the elected officials are seeking. Preparing this profile provides a unique opportunity to clarify and codify the skills and attributes that a community is looking for in an administrator.Local officials should make the most of this chance to get the best possible fit between the council and the administrator. Recruitment Guidelines Handbook 25 Format for an Administrator Profile (For Council Use) Describe the background,skills,and qualities you feel your locality needs in an administrator. General importance(High,Medium,Low) 1. Relevant Education 2. Relevant Experience Skills and Past Performance 1. Council Relations 2.Administrative Ability 3. Written and Oral Communication Skills 4. Budget/Finance/Information Technology 5. Human Resources/Risk Management/ Benefits Administration 6. Labor Relations/Collective Bargaining 7. Community Relations 8. Intergovernmental Relations 9. Economic Development/Revitalization 10. Innovation and Major Achievements 11. infrastructure and Facilities 12. Specialized expertise that might pertain to your locality, e.g. utility management, solid waste, and landfill management(be specific) Sample Administrator Profile Education and Experience A bachelor's degree or equivalent experience in local government should be required,a master's degree preferred.A minimum of three years of public administration experience is required,with five years preferred.Past local government experience of individual must show performance in areas that include budgeting and finance,human resource management,information technology,risk management,grants procurement and administration,economic development strategies,understanding of state laws,and other related matters including land use planning,zoning regulations,engineering,and public works.Prior[state]experience preferred.Experience and knowledge in local government accounting is desirable. Recruitment Guidelines Handbook 26 Skills and Past Performance Administrative ability.Must have demonstrated performance hi human resources and/or collective bargaining for a community having not less than 10 employees.Good communication skills are a must,including the ability to listen, communicate with various segments of the community,and develop good relations with the business community. Person must be willing to devote whatever time is necessary to achieve the goals and guidelines established by the council.Knowledge of how to organize departments and demonstrated leadership qualities are desirable. Council relations.Ability to take time and interest in working with councilmembers to keep them informed and explain technical processes. Should be able to adequately inform the council on a regular basis so there are no surprises.Both written and oral communications with the council are essential.The person must be able to accept constructive criticism and to implement the needed changes.Candidate must be open and honest with the council and able to present all sides of an issue that affect the locality.The individual must be able to carry out the intentions and directions of the council enthusiastically. Budget and finance. Should have demonstrated prior experience in managing a city or county budget.Experience and expertise in grant procurement is desirable,as well as dealing with locally-owned utility finances. Collective bargaining/human resource management.Must have some knowledge of[state]labor relations law, with preferred demonstrated ability in the collective bargaining process.Must demonstrate a personality that can communicate the local government's goals and needs to employees. Community relations.Candidate must have demonstrated involvement in community activities.Experience working with and understanding the needs of the business community is highly desirable.Candidate should be able to present a confident image of the local government to the community at large.Must be able to demonstrate a positive,productive attitude to citizens of the community. Intergovernmental relations.Must be able to relate to and develop a good working relationship with other local governments,county governments,community organizations,schools,and state and federal agencies. Editorial credit.The"Suggested Interview Techniques,""Format for an Administrator Profile,"and"Sample Administrator Profile,"sections of this document were originally published in A Guide to Hiring a Chief Administrative Officer produced by the Illinois City/County Management Association,Center for Governmental Studies,Northern Illinois University,DeKalb,Illinois, ICMA Web Site Page 1 of 3 I cmh Leaders at the Core of Better Communities ICMA> Credentialing ICMA's Voluntary Credentialing Program The ICMA Voluntary Credentialing Program Is a means of defining and recognizing an individual ICMA member who is a professional local government manager qualified by a combination of education and experience, adherence to high standards of Integrity, and an assessed commitment to lifelong learning and professional development. Managers are recognized by ICMA through a peer review credentialing process, and this self-directed program offers an opportunity for Interested ICMA members to quantify the unique expertise they bring to their communities.The program also assists ICMA members In focusing and reflecting upon their lifelong professional development experience. Members who participate in the program may earn the designation of ICMA Credentialed Manager granted by the ICMA Executive Board. ICMA Credentialed Managers are viewed with growing distinction by local governing bodies and progressive, civically engaged communities. There are currently 1,133 ICMA Credentlaled Managers and 26 ICMA Credentialed Manager Candidates. What Are the Benefits? • Recognition as a professional local government manager • Quantification of the unique expertise you offer • Demonstration of adherence to high standards of integrity • Demonstration of commitment to lifelong learning • Structured and focused professional development plan • Peer review of professional development activities and learning • Eligibility for Legacy Leaders Program • Access to special workshops and other training for ICMA Credentlaled Managers and Candidates, such as the ICMA Gettysburg and ICMA SEI Leadership Institutes All of us know the importance of continuous learning, ICMA's Credentialing Program gives us an easy way to focus and structure that learning, as well as become Involved in coaching younger managers. As members of ICMA, we are already required by Tenet 8 of the Code of Ethics to commit to at least 40 hours of professional development every year, This program encourages you to reflect on your learning, and receive feedback and recognition. Please consider beginning the process today and join your colleagues who are already credentialed. What Are the Steps Involved in the Credentialing Process? Managers often ask whether they can make the time to become credentialed. The application process does not take a lot of time. Applying Is quite easy, yet the benefits of the program itself are Immeasurable. There are three simple steps: • Verify that you are eligible. Your work experience must be full-time and appointed. • Complete the Applied Knowledge Assessment and receive results. Your Applied Knowledge Assessment results must be less than 3 years old to make initial application. http://icma.org/main/bc.asp?bcid=124&hsid=l&ssid1=2521&ssid2=2522 1/14/2010 ICMA Web Site Page 2 of 3 • Submit application before deadline based on assessment results. What Are the Application Deadlines and Fees? • January 1 • April 1 • July 1 • October 1 In addition to the $75 cost of the Applied Knowledge Assessment, the online application fee is $50. The fee for filing a paper application is $100. What Happens After I Apply? • For applications that are made by January 1, the Credentialing Advisory Board will review no later than February 15, 2010 N Recommended names will be printed in the newsletter for member review no later than February 28, 2010 • Approval will be granted by the ICMA executive board in late March or early April • Notification will be sent via email no later than April 15, 2010 ✓ Online annual update will be due every year after the credential is received--be prepared to report on a specific example of something you learned from each professional development activity. Click here for a sample and frequently asked questions regarding annual updates • Within 5 years of being credentialed, complete the ICMA Performance-Based Assessment(PBA) or an alternative multi-rater assessment. This assessment must be completed at least once during each five-year period; if you cannot complete a multi-rater assessment due to a political situation, please email credentialinglcma.orq so the Credentlaling Advisory Board can help you devise another method of external feedback B Click here for a full page of credentlaling resources, including frequently asked questions about the multi- rater assessment requirement, a PBA PowerPoint, and a PBA preview Title: What Is the Credential Called? ICMA-CM or ICMA Credentialed Manager. Initials or title can be used after the name on letterhead, business cards, or other professional documents. How Are ICMA Credentialed Managers Recognized? Members receive certificates by mall upon request. If you are interested, please email credentiaiing(@icma.orq). Credentialed Managers also receive lapel pins at state meetings or the ICMA Annual Conference, ICMA-CMs who are unable to attend their state meeting or the annual conference can request that a lapel pin be mailed by emailing credentlaling @lcma.orq. ICMA-CMs and Candidates are also invited to a special reception at the annual conference, and are invited to attend special sessions and seminars during the conference and throughout the year, The online Who's Who record also indicates whether a member Is an ICMA Credentialed Manager and the full list of Credentlaled Managers and Candidates by state can be found at http://icma.org/credentialed. http://icma.org/main/bc.asp?bcid=124&hsid=1&ssid1=2521&ssid2=2522 1/14/2010 ICMA Web Site Page 3 of 3 What Happens After I Retire? Retired members who no longer wish to submit annual updates in order to remain actively credentialed may be eligible for the Retired Credentialed Manager designation. Retired Credentialed Managers must be currently credentialed, have been ICMA Corporate Members (or eligible to be Corporate) for at least 10 years, and have submitted at least one annual update in the past. Please email credentlaling@Icma.org to find out whether you are eligible. Questions? Please contact Amanda Relyea at credentlalingaicma,orq. Downloads 'i=1 Eligibility (Microsoft Word Document, 35 KB) © 2010 International City/County Management Association ICMA is the leading organization for information on professional local government management. Its membership includes city managers, county managers, and other chief appointed officials and assistants in local governments throughout the world. ICMA's mission is to create excellence in local government by developing and fostering professional local government management worldwide. http://icma.org/mainlbc.asp?bcid=124&hsid=l&ssid1-2521&ssid2=2522 1/14/2010 ACTING MANAGER'S HANDBOOK Sample Council Agenda Communication For Acting Manager's Position Mayor and Council Agenda NUMBER: DATE: ACTION: Approval of terms for Acting City Manager RECOMMENDATION: Approve terms for Acting City Manager IMPACT: Environmental:N/A Fiscal:While increasing the salary for [name of acting manager] temporarily, there is no net impact on the budget since there are salary savings with the vacancy of the City Manager's position. Neighborhood:N/A Other: N/A BACKGROUND: To compensate [name of acting manager] for accepting the position of Acting City Manager in addition to his responsibilities as [appointee's current position],the Mayor recommends that his salary, effective [date] be set at [dollar amount] with deferred compensation of[percentage]. He will receive the same cost-of-living increase as is approved for all City employees on [date]. At his request,the Mayor and Council will meet with him in Executive Session in [month] to review his interim status and the search process. The Mayor and Council will also provide him with a final written evaluation at the completion of his service as Acting City Manager. When a new City Manager is selected, [name of acting manager] will return to his position as [appointee's current position] with his salary having been adjusted back to the salary for that position,plus the merit increase and cost-of-living increase that would have been effective on [dates]. ACTING MANAGER'S HANDBOOK Model for Negotiating Terms of Appointment (for Discussion in Closed Session with Council) 1. Salary of[dollar amount] retroactive to [date],which is below midpoint for the grade of[dollar amount]. (No other change in current benefits including the previously authorized car allowance of[dollar amount]per month,) This is a [percentage] increase from current salary of[dollar amount]. • Requires waiver of rules since this increase is greater than 5%allowed by the County's personnel policies. • With this increase I will forgo the normal salary increase due on[date]. • Salary to remain in effect after resuming[current position]and not revert to current level.Requires waiver of County's personnel policies. 2. A unanimous vote by Council of appointment during open meeting, and sustained support during the interim period. I believe it is important to show unanimity on this decision for the community.If Council desires to appoint someone else as Interim Manager during the period,they will notify me as a body in closed session and I will gladly step down and support the new Interim as his/her Assistant. 3. There will be no Council requests to dismiss any department head during the interim period.I would reserve the right to dismiss department heads,with Charter- required concurrence of Council,when it is in the best interest of the County. 4. I feel that I must have assurance that the Council recognizes that I cannot be expected to perform two jobs (Manager and Assistant). • A single goal during the interim period to"Keep the Ship Afloat,"This means we continue basic services and current projects and initiatives. Some meetings(other than Council meetings)may not have a CAQ representative in attendance,as I am not expected to totally give up my personal life. • Individual Councilor requests for information must be limited with the understanding that it impacts the current workload.If workload priorities need to be changed,I would request that it be done by a majority of Council. Of course there will be exceptions and we will work through those. • I would be supported in decisions to assign parts of the CAO work to other departments,individuals,or contractors with allowed increases in compensation as provided in the personnel policies or by contract. 5. An expedited process for recruitment of a new County Manager. Respectfully submitted for discussion during closed session on [date]. [Name] Assistant County Manager ACTING MANAGER'S HANDBOOK Model Appointment Letter for an Acting Manager [Date] [Greeting] At your request and as authorized by the full City Council on [date],I am pleased to confirm in writing the terms of your"at will"appointment as Interim City Manager for [name of jurisdiction].Effective date of the appointment is [date],and any pay owed to you will be made retroactive to that date. Your annual salary will be [dollar amount] with all applicable benefits you currently receive plus a monthly car allowance of[dollar amount]. When a new City Manager starts,the Council has agreed that this new pay rate is to remain the same through [the end of the fiscal year, or another time period], car allowance will discontinue, "at will" status will discontinue, and you will return to your assignment as [current position]. After the new Manager arrives you will be allowed paid leave of absence of[number] working days to be scheduled with him/her and to be taken in increments of no more than [number] consecutive days at a time. This leave is in addition to your normal annual leave accrual and may be carried over to a succeeding calendar year, but may not be paid out in cash. This leave must be taken no later than [date] or [number] months after the arrival of the new Manager,whichever is later. The Council also agrees that you may appoint an Acting Assistant City Manager from among the existing senior City staff.You have the commitment of the full Council, and of the Councilors-elect, to support you and City staff during this transitional period. Negative criticisms of you or staff will be conducted with you, only in closed session to the extent possible. To indicate your acceptance of these terms,please execute as indicated below. This agreement will become part of your permanent personnel file. Sincerely, [Name] Council Chair Accepted: [Name] Acting Manager Appointee cc: Council Members & Councilors-elect CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 2nd, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: Administrative Report on proposed amendments to the Spokane Valley Municipal Code as follows: Chapter 17.80.030-Update Table 17.80-1 to include Developer Agreements as a Type IV application and minor modifications to Developer Agreements as a Type I application. Chapter 17.80.140- Include Developer Agreements in the language that outlines Type IV applications. Chapter 19.30.015-Add language which provides for Developer Agreements in conjunction with Comprehensive Plan Amendments. GOVERNING LEGISLATION: RCW 36.708.170-210 PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: The Uniform Development Code was adopted in September of 2007 and was effective October 28th, 2007. Following the adoption of the code, a number of items were discovered which were incorrect, impractical, or omitted. On August 11, 2009 the Spokane Valley City Council passed Ordinance 09-015, an emergency ordinance which provided for the creation of Developer Agreements, something that is not currently provided for in the Municipal Code. These agreements can only be considered in conjunction with Comprehensive Plan amendments and associated rezones and would provide both the developer and the City with the flexibility needed to carry out the goals and policies of the Comprehensive Plan. Some items that may be addressed through Developers Agreements include, but are not limited to, permitted uses, densities, building sizes, development conditions, design standards, impact fees, affordable housing and phasing. Minor modifications to these agreements may be approved by the Community Development Director based on criteria included in the regulations. ANALYSIS: Spokane Valley Municipal Code Section 17.80.150(6) provides approval criteria that amendments of the Spokane Valley Municipal Code must meet. Those criteria include: 1. The proposed amendment(s) are consistent with the applicable provisions of the Comprehensive Plan. 2. The proposed amendment(s) bear a substantial relation to the public health, safety, welfare and protection of the environment. a. LUP-1.2 requires code provisions that "protect residential areas from impacts of adjacent non-residential uses and/or higher intensity uses." Developers Agreements provide the City with a mechanism that protects existing neighborhoods while also allowing development to occur. The Planning Commission finds that the code amendments are consistent with this provision. b. NP-2.2 calls for the review and revision of existing land use regulations to provide innovation and flexibility in the design of new residential developments. Developers Agreements provide flexibility on a case by case basis which allows both the developers and the City to create a variety of different housing options. The Planning Commission finds that the code amendments are consistent with this provision. c. IP-encourages the periodic review of programs, procedures, processes and other opportunities of reaching customer service goals. Developers Agreements are a way to offer greater flexibility to those who choose to develop in Spokane Valley. The Planning Commission finds that the code amendments are consistent with this provision. Staff Comment: The proposed amendments meet the above outlined goals, and are thus consistent with the Comprehensive Plan. OPTIONS: Consensus to proceed to first reading of the ordinance or provide staff direction regarding modifications. RECOMMENDED ACTION OR MOTION: Consensus to proceed with first reading of ordinance BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Christina Janssen —Assistant Planner; Mike Connelly-City Attorney ATTACHMENTS: Table 17.80.30, Section 17.80.140, Section 19.30.015 17.80.030 Assignment of development application classification. A. Assignment by Table. Land use and development applications shall be classified pursuant to the following table: Table 17.80-1 —Permit Type and Land Use Application Type Land Use and Development Application SVMC Cross- Reference Accessory dwelling units 19.40.100 Administrative determinations by community development director, Multiple public works director, or building official Administrative exception 19.140 Administrative interpretation 17.50.010 Boundary line adjustments and eliminations 20.80 Building permits not subject to SEPA 21.20.040 Floodplain development 21.30 Grading permits 24.50 Type I Home occupation permit 19.40.140 Minor modifications of development agreements 19.30.015(I) Record of survey to establish lots within a binding site plan 20.60.040 Right-of-way permits 22.130.060 Shoreline permit exemption (dock permit) 21.50 Site plan review 19.130 Temporary use permit 19.160 Time extensions for preliminary subdivision, short subdivision or 20.30.060 binding site plan Alterations—Preliminary and final subdivisions, short subdivisions, 20.50 binding site plans Binding site plan—Preliminary and final 20.50 Binding site plan— Change of conditions 20.50 SEPA threshold determination 21.20.060 Type II Shoreline substantial development permit 21.50 Short subdivision—Preliminary and final 20.30, 20.40 Preliminary short subdivision, binding site plan— Change of 20.30 conditions Wireless communication facilities 22.120 Type Conditional use permits 19.150 Page 1 of 6 III Planned residential developments 19.50 Plat vacation 20.70.020 Preliminary subdivision— Change of conditions 20.50 Subdivisions—Preliminary 20.30 Variance 19.170 Zoning map amendments (site-specific rezones) 19.30.030 Annual Comprehensive Plan amendments (text and/or map) 17.80.140 Area-wide zoning map amendments 17.80.140 Type Development Agreements associated with Comprehensive Plan 17.80.140 IV P g P Amendments Development code text amendments 17.80.150 Section four. amending SVMC 17.80.140: 17.80.140 shall be amended as follows: 17.80.140 Type IV Applications — Comprehensive Plan Amendments, Development Agreements associated with a Comprehensive Plan Amendment, and Area- wide Rezones A. Initiation. Comprehensive Plan Amendments and Area Wide Rezones may be initiated by any of the following: 1. Property owner(s) or their representatives; 2. Any citizen, agency, neighborhood association, or other party; or 3. The Department, Planning Commission, or City Council. B. Applications. Applications shall be made on forms provide by the City. C. Application Submittal: 1. Applicant initiated: Comprehensive Plan Amendments and Area-Wide Rezones shall be s ubj ect t o a pr e-application c onference, c ounter-complete, and fully- complete determinations pursuant to SVMC 17.80.080, 090, and 100. The date upon fully-complete de termination shall be the da to of r egistration with the Department. 2. Non-applicant initiated: After submittal of a non-applicant initiated application, the application shall be placed on the register. D. Register o f C omprehensive P lan A mendments a nd A rea-wide R ezones. T he Department shall establish and maintain a register of all applications. E. Concurrent and Annual Review of Register. 1. Sixty (60) days p rior t o N ovember 1st in e ach calendar year, the C ity shall notify t he publ is t hat t he a mendment pr ocess has be gun. N otice s hall be distributed as follows: Page 2 of 6 ai. Notice published in an appropriate regional or neighborhood newspaper or trade journal; b. Notice posted on all of the City's official public notice boards; and c. Copy of t he not ice s ent t o all ag encies, organizations, and adjacent jurisdictions with an interest. 2. All registered applications shall be reviewed concurrently, on a n annual basis and in a manner consistent with RCW 36.70A.130(2). Applications registered after November 1st of the previous calendar year and before November 1st of the c urrent c alendar year, s hall be i ncluded i n t he a nnual r eview. Those registered after November is t of t he cal endar year s hall be pl aced on the register for review at the following annual review. 3. Emergency Amendments: The City may review and amend the Comprehensive Plan when the City C ouncil determines that an emergency exists or in other circumstances as provided for by RCW 36.70A.130 (2)(a). F. Notice of Public Hearing. C omprehensive Plan Amendments and Area-Wide Rezones require a public hearing before the Planning Commission. 1. Contents of Notice. A Notice of Public Hearing shall include the following: a. The c itation, i f a ny, of t he pr ovision t hat w ould be c hanged b y t he proposal along with a brief description of that provision; b. A statement of how the proposal would change the affected provision; c. A statement of what areas, Comprehensive Plan designations, zones, or locations will be directly affected or changed by the proposal; d. The date, time, and place of the public hearing; e. A statement of the availability of the official file; and f. A statement of the right of any person to submit written comments to the Planning C ommission and t o a ppear a t t he publ is he aring of t he Planning Commission to give oral comments on the proposal. 2. Distribution of Notice. T he D epartment shall distribute the notice pursuant to SVMC 17.80.120(2). G. Planning C ommission Recommendation — Procedure. Following the p ublic he aring, the P lanning C ommission s hall c onsider t he applications c oncurrently, a nd s hall prepare and forward a recommendation of proposed action for all applications to the City Council. The Planning Commission shall take one of the following actions: 1. If the P lanning C ommission determines t hat the pr oposal s hould be adopted, i t m ay, by a m aj ority vote, recommend that the City C ouncil adopt the proposal. The Planning Commission may make modifications to any proposal prior to recommending the proposal to City Council for adoption. If the modification is substantial, the Planning Commission must conduct a public hearing on the modified proposal; 2. If the Planning Commission determines that the proposal should not be adopted, i t m ay, by a m aj ority vote, recommend that the City C ouncil not adopt the proposal; or 3i. If t he P lanning C ommission i s una ble t o t ake e ither of t he a ctions specified in subsections (G)(1) or(2) above, the proposal will be sent to Page 3 of 6 City Council with the notation that the Planning Commission makes no recommendation. H. Approval Criteria. 1. The City may approve Comprehensive Plan Amendments and Area-Wide Zone Map Amendments if it finds that: a. The proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment; b. The proposed amendment i s consistent with the requirements of RCW 36.70A and with the portion of the City's adopted plan not affected by the amendment; 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; d. The proposed amendment corrects an obvious mapping error; or e. The pr oposed a mendment a ddresses an i dentified de ficiency in t he Comprehensive Plan. 2. The C ity mus t a lso consider t he following f actors pr for t o approving Comprehensive Plan Amendments: a. The effect upon the physical environment; b. The effect on open space, streams, rivers, and lakes; c. The c ompatibility w ith a nd i mpact on a djacent 1 and us es a nd surrounding neighborhoods; d. The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools; e. The benefit to the neighborhood, City, and region; f The quantity and location of land planned for the proposed land use type and density and the demand for such land; g. The current and projected population density in the area; and h. The effect upon other aspects of the Comprehensive Plan. I. City Council Action. Within s ixty ( 60) da ys of receipt of t he P lanning C ommission's f indings a nd recommendations, the City Council shall consider the findings and recommendations of the Commission concerning the application and may hold a public hearing pursuant to Council rules. The Department shall distribute notice of the Council's public hearing pursuant to SVMC 17.8 0.120(2). A 11 annual amendments to the Comprehensive Plan shall be c onsidered concurrently. By am ajority vot e of its m embership, the C ity Council shall: 1. Approve the application; 2. Disapprove the application; 3. Modify the application. If t he modification i s substantial, the C ouncil must either conduct a public hearing on the modified proposal; or 4. Refer the proposal back to the Planning Commission for further consideration. Page 4 of 6 J. Transmittal to the State of Washington. At least sixty (60) days prior to final action being t aken b y t he C ity C ouncil, t he W ashington S tate D epartment of C ommunity, Trade and E conomic D evelopment( CTED) s hall be pr ovided w ith a c opy of t he amendments in order to initiate the sixty (60) day comment period. No later than ten (10) days after adoption of the proposal, a copy of the final decision shall be forwarded to CTED. Section five. amending SVMC 19.30: SVMC Chapter 19.30 shall be amended by adding a new section 19.30.015 as follows: 19.30 Changes & Amendments 19.30.010 Comprehensive Plan Text & Map Amendments Pursuant t o R CW 36.7 0.130(2)(a)pr oposed u pdates t o t he C omprehensive P lan w ill be processed only once a year except for the adoption of original sub-area plans, amendments to the Shoreline Master program, the amendment of the Capital Facilities Chapter concurrent with the adoption of the City budget, in the event of an emergency or to resolve an appeal of the Comprehensive Plan filed with the Growth Management Hearing Board. Comprehensive P lan text and map amendments ar e cl assified as T ype IV de velopment applications and shall be processed pursuant to SVMC Chapter 17.80.140. 19.30.015 Development Agreements associated with a Comprehensive Plan Amendment A. Pursuant to RCW 36.70B.170 - 210, the city may enter into a development agreement with a person having ownership or control of real property within its jurisdiction as part of a comprehensive plan amendment and associated rezone. A development agreement and subsequent rezone shall be consistent with applicable development regulations set forth in the UDC, SVMC Chapters 17-24. B. Development Agreements associated with a Comprehensive Plan Amendment are classified as Type IV development applications and shall be processed in compliance with the Comprehensive Plan Amendment and the regulations of RCW 36.70B.170 - 210. C. Development agreements associated with a comprehensive plan amendment and subsequent rezone may be used at the city council's discretion. Development agreements may be used to place restrictions on a proposed amendment to minimize the impacts of future development. D. Development agreement contents 1. For the purpose of this section, development standards may include, but are not limited to the following: a. Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes; b. The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provision, other financial contributions by the property owner, inspection fees, or dedications; c. Mitigation m easures, de velopment c onditions, a nd of her r equirements under 43.21C RCW; Page 5 of 6 d. Design s tandards s uch as m aximum he ights, setbacks, drainage and water quality requirements, landscaping, and other development features; e. Affordable housing; f Parks and open space preservation; g. Phasing; h. Review procedures and standards for implementing decisions; i. A build-out or vesting period for applicable standards; and j. Any other appropriate development requirement procedure. E. The final decision authority for approval of the development agreement and development plan shall be the City Council set forth in SVMC Chapter 17.80.060 (D). F. The decision of city council on a development agreement and plan in conjunction with a comprehensive plan amendment and subsequent zoning change is the final decision of the city and may be appealed pursuant to RCW 36.70C. G. A de velopment a greement s hall be r ecorded with t he S pokane C ounty A uditor a t t he applicant's e xpense. D uring the t erm of t he d evelopment a greement, the a greement i s binding on the parties and their successors. H. The city will process and decide upon a n application for an amendment as i f i t w ere an application for a new d evelopment a greement i n a m anner s et forth above unl ess i t i s deemed a minor modification as set forth in (I)below. I. Modifications of development plan 1. The di rector of c ommunity de velopment m ay approve m inor m odifications t o t he development plan pursuant to Chapter 17.80.030. 2. Criteria for approving minor modifications include but are not limited to the following: a. Shall conform to the terms of the development agreement b. Shall not reduce landscaping, buffering, or open space areas c. Shall not reduce setback requirements d. Shall not result in an increase in height of any structure e. Shall not result in a change in ingress or egress f. Shall not increase any adverse impacts or undesirable effects g. Shall not significantly alter the project Page 6 of 6 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 2, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business new business ❑ public hearing information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed changes to the Planning Commission Rules of Procedure as follows: The Planning Commission recommends making the following changes to its Rules of Procedure: • Changing reference of Ordinance No. 35 to the Spokane Valley Municipal Code 18.10 • Minor changes for clarification, removal of duplicate language, • Moved section 14 (formerly 15) B from Conflict of Interest to section 7 Voting, where it is more appropriate. • Modified the order of business to match what is current on the agenda being presented • Deleted section 13, on the recommendation of the City Council. Council has stated in the past the desire to maintain the sole right to create temporary committees. Renumbered the rest of the sections. • Changed the review time from every other year to odd numbered years. GOVERNING LEGISLATION: Spokane Valley Municipal Code 18.10 PREVIOUS PLANNING COMMISSION ACTION TAKEN: Recommended approval at the December 10, 2009 Planning Commission meeting. Presented as an information item on the City Council on January 12, 2010. BACKGROUND: The Rules of Procedure were updated last in June of 2006. The Procedures currently state that they should be reviewed every other year. This was not done at that time and they need to be amended to current code references, along with clarification of language, one section has been deleted based on previous Council direction, one subsection has been moved to a more appropriate section. RECOMMENDED ACTION OR MOTION: Consensus to move forward with a resolution adopting these procedures. BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Kathy McClung, Director ATTACHMENTS: Amended Text I City of Spokane Valley Planning Commission RULES OF PROCEDURE Updated 06-22-2006 Updated 12-10-2009 We, the members of the Planning Commission of the City of Spokane Valley, State of IWashington, pursuant to the City of Spokane Valley Ordinance No. 35Municipal Code (SVMC) 18.10, do hereby adopt and publish the following Rules of Procedure ORGANIZATION AND RULES OF PROCEDURE 1. Name A. The "City of Spokane Valley Planning Commission," hereinafter referred to, as the "Commission" is an advisory body created by the City Council for purposes consistent with Ordinance No. 35SVMC 18.10. 2. Location A. The Commission offices shall be the City Hall of the City of Spokane Valley. 3. Officers Unless otherwise required by a vacancy in office, the Commission shall organize every year in accordance with Ordinance No 35SVMC 18.10. A. Officers of the Commission shall be elected from its membership; the officers shall be Chair, Vice Chair, and other appropriate officers that the Commission may choose to approve and appoint by majority vote. B. The Chair shall preside over the Commission and exercise all powers incidental to the office, retaining however, the full right as a member of the Commission to propose motions, second motions and have a vote recorded on all matters of the Commission. C. The Vice-Chair shall, in the absence of the Chair from any meeting, perform all the duties incumbent upon the Chair, and retain the full right as a member of the Commission in the same manner as the Chair. 4. Secretary of the Commission A. The Director of the Department of Community Development or his/her designee shall serve as the Secretary to the Commission. B. The Secretary shall provide for a recording of all Commission meetings, including public hearings and shall ensure that summary minutes of all public hearings are prepared and filed in the public record. Planning Commission Rules of Procedure Page 1 of 8� P:\Clerk\AgendaPackets for Web\agendapacket 02-02-10\Item 3 PROPOSED DRAFT PC Rules.doc I C. The Secretary will conduct and record a roll call of the Commission members at each meeting- A public hearing and -- - - - -- - - - - - -- study session . 5. Election of Officers A. Officers shall be elected at the first regular meeting in the 12th calendar month of each year, by majority vote of the membership of the Commission. _Terms of office shall run from January 1 until December 31 or until a successor has been elected. No Commission member shall serve more than two full consecutive terms as Chair of the Commission. No member shall serve as vice-chair for more than two full consecutive terms. B. A vacancy in any office will be filled by a special election, to be held at a convenient time with a majority present. In the event that the office of Chair is vacated, the vice-chair shall serve in that capacity until the required special election is held. Any member of the Commission is eligible to fill the vacancy. However, no member can hold two office positions. 6. Quorum A. A quorum shall consist of four members of the Commission and no action can be taken in the absence of a quorum except to adjourn the meeting to a subsequent date. A quorum must be present for public hearings and study sessions. 7. Voting A. The affirmative vote of a majority of those present shall be necessary for the adoption of any motion or other general matter. B. For the conduct of business dealing with matters, which require adoption or changes to the City's Comprehensive Plan and the election of officers, at least four affirmative votes must be cast. Each member of the Commission is entitled to one vote but no proxy shall be allowed. C. No member may participate or vote on a matter unless the member has been in . attendance at all public hearings regarding such matter or has listened to the taped recording of the public hearing and reviewed the written record of the matter in question 8. Meetings A. There shall be at least one regular meeting each month with additional meetings scheduled as necessary. Regular meetings shall be scheduled_ on the 2nd and 4th Thursdays of the month, commencing at 6:00 p.m. and ending not later than 9:00 p.m. Meeting ending time can be extended by a majority vote of the commission. Meetings may be used for general planning matters, study sessions or public hearings as described below. Planning Commission Rules of Procedure Page 2 of 8� P:\Clerk\AgendaPackets for Web\agendapacket 02-02-10\Item 3 PROPOSED DRAFT PC Rules.doc I 1. Meetings on General Planning Matters. General planning matters to be reviewed by the Commission will be typically be preceded by a study session of the Commission to discuss the issues with Community Development Department staff. Generally, no testimony from the public shall be taken at a study session. 2. Public Hearing Meeting. A public hearing is a meeting wherein general business and public hearing items, such as the Comprehensive Plan and development regulations are discussed and decided. 3. Scheduled meetings may be canceled or convened at other times if deemed necessary by the Chair or, in the absence of the Chair, by the Vice-Chair. Notice of cancellation shall be given personally to Commission Members and to the public by posting a notice at Commission offices. 4. The recommended order of business for meetings is: (a) Call to order by Chair. (b) Pledge of Allegiance. (c) Roll call by recording secretary. (d) Approval of Agenda. (e) Approval or amendment of minutes. (f) Public Comment -{#g) Commission Members Report {gh) Administrative Report. (iii) Commission Business. a. Old Business b. New Business (i) Public Comment (j) For the Good of the Order. (k) Adjournment. B. Planning Commission meetings shall be held in accordance with the requirements of the Open Meetings Act, RCW Chapter 42.30. C. Special meetings and study sessions may be called: 1. By the request of the Chair, or, in the Chair's absence, by the Vice-Chair. 2. By the written request of three or more members of the Commission. 3. By agreed motion of the Commission. 9. CONDUCT OF HEARINGS A. Actions for a Planning Commission Public Hearing. 1. Prior to the start of the public hearing, the Chair may require that all persons wishing to be heard shall sign in with the Secretary, giving their names and addresses, the agenda item, and whether they wish to speak Planning Commission Rules of Procedure Page 3 of 8� P:\Clerk\AgendaPackets for Web\agendapacket 02-02-10\Item 3 PROPOSED DRAFT PC Rules.doc I as proponent, opponent, or otherwise. Any person who fails to sign in shall not be permitted to speak until all those who signed in have done so. At any public hearing, persons who have signed in and wish to be heard shall be given an opportunity to be heard. However, the Chair shall be authorized to establish speaker time limits and otherwise control presentations to avoid repetition. The Chair, subject to concurrence by the majority of the Commission, may establish time limits and otherwise control presentations. The Chair may change the order of speakers so that testimony is heard in the most logical groupings, (i.e., proponents, opponents, adjacent owners, vested interests, etc.) B. The Chair introduces the agenda item, opens the public hearing, and announces the following Rules of Order: 1. All comments by proponents, opponents, or the public shall be made from the speaker's rostrum, and any individual making comments shall first give his/her name and address. This is required because an official recorded transcript of the public hearing is being made. 2. It is not necessary to be a proponent or opponent in order to speak. If you consider yourself neither a proponent nor opponent, please speak during the proponent portion and identify yourself as neither a proponent nor an opponent. 3. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. 4. Demonstrations, applause or other audience participation during or at the conclusion of anyone's presentation are prohibited. It is distracting to the Commission and persons testifying. 5. These rules are intended to promote an orderly system of holding a public hearing, to give persons an opportunity to be heard and to ensure that individuals are not embarrassed by exercising their right of free speech. C. When the Commission conducts a hearing to which the Appearance of Fairness Doctrine applies, the Chair (or in the case of a potential violation by that individual, the Vice Chair) will ask if any Commission member knows of any reason which would require such member to excuse themselves pursuant to the Appearance of Fairness Doctrine. The form of the announcement is as follows: All Commission members should now give consideration as to whether they have: (1) A demonstrated bias or prejudice for or against any party to the proceedings; (2) A direct or indirect financial interest in the outcome of the proceeding; (3) A prejudgment of the issue prior to hearing the facts on the record, or (4) Had ex parte contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing. Please refer to Section 16(B) for more specific information on how to proceed where there has been an ex parte communication. Planning Commission Rules of Procedure Page 4 of 8� P:\Clerk\AgendaPackets for Web\agendapacket 02-02-10\Item 3 PROPOSED DRAFT PC Rules.doc I If any Commission member should answer in the affirmative, then the Commission members should state the reason for his/her answer so that the Chair may inquire of administration as to whether a violation of the Appearance of Fairness Doctrine exists. CONDUCTING THE PUBLIC HEARING The Chair announces the matter and opens the public hearing stating the date and time. The Chair allows staff to describe the matter under consideration and place matters in the public record. The Chair inquires as to whether Commissioners have any questions of staff. If any Commission member has questions, the appropriate individual will be recalled. The Chair allows proponents, opponents and the public to offer testimony and evidence on the pending matter. The Chair may allow Commission members to ask questions of any person at the conclusion of their testimony. At the conclusion of the public testimony, the Chair asks staff if there is_ any additional information, testimony or evidence to submit for the record. The Chair either closes or continues the public hearing. Additional testimony may not be requested or considered after the closing of the public hearing, unless the Chair declares the record open until a date certain for the purpose of receiving written testimony or materials. The Chair inquires if there is a motion by any Commission member. If a motion is made, it shall be in the form of an affirmative motion._ Affirmative motions are preferred to prevent "approval by default" of a failed negative motion. Following the motion and its second, discussion occurs among Commission members. The Chair inquires if there is any further discussion by the Commission members. The Chair inquires if there are any final comments or recommendations from staff. The Chair inquires of the Commission members if they are ready for the question. The Secretary records a roll call vote. The Chair may direct staff to prepare findings for approval. D. Pre-filing of testimony or evidence is encouraged and may be delivered to the Department of Community Development in advance of a hearing. Planning Commission Rules of Procedure Page 5 of 8� P:\Clerk\AgendaPackets for Web\agendapacket 02-02-10\Item 3 PROPOSED DRAFT PC Rules.doc I 10. Agenda, Staff Reports and Minutes for Regular Meetings. A. Typically, a copy of the agenda for every regular meeting of the Planning Commission shall be sent to each member up to seven (7) days prior to the date of the meeting. B. If available, staff reports will be sent to Planning Commission members with the agenda. Agendas and staff reports will be made available to applicants and the public at the same time. 11. Minutes and Communications with the City Council. A Minutes of all meetings shall be kept and the complete files of proceedings and actions taken in connection therewith shall be considered the public record and filed with the City Clerk. The Secretary shall provide the Commission members with a set of minutes of the previous meeting. These minutes shall be considered for approval by the Commission at a regularly scheduled public meeting and upon approval shall become part of the official record of action of the Commission. Minutes shall also be transmitted as correspondence to the City Council for general information. B The assigned City Council Liaison may attend meetings for the purposes of communications with the Council as set forth in the "CITY OF SPOKANE VALLEY GOVERNANCE COORDINATION MANUAL". 12. Recording of Meetings Proceedings of all public hearings, meetings, study sessions and any special meetings shall be recorded and retained. Proceedings of study sessions or workshops may be recorded at the discretion of the Planning Commission Chair. 3. Temporary Committees The Chair shall have authority to create temporary committees of one or more members duties as examination, investigation and inquiry into one or more subjects of interest to the Commission. No temporary committee shall have the power to bind the Commission to the endorsement of any plan or program. The Chair may appoint citizens to 13 Code of Conduct A. Prohibited Acts. Members of the Commission are prohibited from: Planning Commission Rules of Procedure Page 6 of 8� P:\Clerk\AgendaPackets for Web\agendapacket 02-02-10\Item 3 PROPOSED DRAFT PC Rules.doc I 1. Acting in a manner, which would result in neglect of duty, misfeasance or malfeasance in office. 2. Acting in a manner that intentionally disrupts Commission meetings. 3. Missing six (6) or more regularly scheduled meetings or study sessions in a 12-month period without such absence being excused by the Commission. 4. Using his or her position to secure special privileges or exemptions for himself, herself, or others. 5. Directly or indirectly giving or agreeing to receive compensation, gifts, rewards, or gratuities from any source, except the City of Spokane Valley, for a matter connected with or related to the services as a member of the Commission, unless otherwise provided by law. 6. Accepting employment or engaging in business or professional activities that he or she might reasonably expect would require or induce said member to disclose confidential information acquired by reason of membership on the Commission. 7. Disclosing confidential information gained by reason of his or her membership on the Planning Commission or using such information for his or her personal gain or benefit. I 14 Conflict of Interest A. Any Commission member having a direct or indirect interest in, or who would benefit from any matter, shall disclose this interest and shall, if deemed appropriate by that commissioner or required by law, refrain from participating or voting on the matter. B. No member may participate or vote on a matter unless the member has been in matter in question. 15 . Appearance of Fairness A. The Commission shall adhere to the applicable requirements of the appearance of fairness doctrine, RCW Chapter 42.36. B. During the pendency of any quasi-judicial proceeding, no Commission member may engage in ex parte communications with proponents or opponents about a proposal involved in the pending proceeding, unless the Commission member: (1) places on the record the substance of such oral or written communications; and (2) provided that a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication shall be Planning Commission Rules of Procedure Page 7 of 8� P:\Clerk\AgendaPackets for Web\agendapacket 02-02-10\Item 3 PROPOSED DRAFT PC Rules.doc I made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and Commission members if the correspondence is made part of the record, when it pertains to the subject matter of a quasi-judicial proceeding. (RCW 42.36.060) I 16 Review of These Rules of Procedure The Planning Commission shall review these rules of procedure on the first anniversary of their adoption and every otherthe odd yearnumbered years thereafter. Any amendments identified by the Planning Commission shall be forwarded to the City Council for review and ratification. KNOW ALL PERSONS BY THESE PRESENT: That the undersigned Secretary of the Spokane Valley Planning Commission does hereby certify that upon review and majority vote the above and forgoing rules have been duly adopted by the members of said Commission. BY: Secretary of the Commission Date: Planning Commission Rules of Procedure Page 8 of 8� P:\Clerk\AgendaPackets for Web\agendapacket 02-02-10\Item 3 PROPOSED DRAFT PC Rules.doc CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 2, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business new business ❑ public hearing information X admin. report ❑ pending legislation AGENDA ITEM TITLE: Animal control regulations — number of dogs/cats before kennel license required GOVERNING LEGISLATION: SVMC 7.30; Spokane County Code 5.04; . PREVIOUS COUNCIL ACTION TAKEN: Execution of interlocal agreement for animal control with Spokane County Regional Animal Protection Services (SCRAPS) in 2003; renewal of interlocal agreement in 2007 as rolling one-year contract unless terminated; adoption of Ordinance 07-003 in early 2007 created city-specific appeal procedures separate from those adopted by Spokane County; presentation by Nancy Hill of SCRAPS and County Commissioner Todd Mielke 1-19-10; BACKGROUND: In late 2009, Spokane County amended its animal code, primarily updating language. In discussing those proposed changes with Nancy Hill, Director of SCRAPS, we noticed a discrepancy between the County regulations and our zoning code. Specifically, our zoning code definition for "kennel" in Appendix A identifies that a kennel is a business where there are six or more dogs or cats. So, you can have up to five dogs or cats without having to get a kennel license. The specific language is as follows: Kennel: An establishment or place, other than an animal or veterinary hospital or clinic or animal shelter, where six or more dogs or six or more cats, or any combination thereof, over six months of age are housed, groomed, bred, boarded, trained or sold commercially or as pets. This conflicts with Spokane County's animal control regulations, which define a kennel as being a business where they can have up to four without a kennel license. SCRAPS has asked if our zoning code definition could be changed to match County Code for ease of enforcement by their officers. Spokane County has two definitions for kennel in its County Code. Those are as follows: Commercial kennel means a place where five or more dogs (over six months of age) and/or five or more cats (over six months of age), irrespective of duration, are boarded, bred, bought, sold, exhibited or trained for compensation, but not including a pet shop, animal shelter or veterinary clinic/hospital where boarding is incidental to treatment. If more than eight dogs (over six months of age) and/or ten cats (over six months of age) are kept then such establishment shall be deemed a "commercial kennel," regardless of whether the owner or keeper receives compensation. (SCC 5.04.020 Private kennel means a place, other than an animal shelter, where five to eight dogs (over six months of age) and/or five to ten cats (over six months of age) are kept for personal or noncommercial purposes. If more than eight dogs (over six months of age) and/or ten cats (over six months of age) are kept at a private kennel, then such establishment shall be deemed a "commercial kennel," regardless of whether the owner or keeper receives compensation. A summary of the change is that Spokane County would like us to change the limit on the number of dogs or cats a person can have before they have to get a kennel license from 5 to 4. We would do that by changing the definition in the Uniform Development Code as set forth immediately below: Kennel: An establishment or place, other than an animal or veterinary hospital or clinic or animal shelter, where five or more dogs or five : or more cats, or any combination thereof, over six months of age are housed, groomed, bred, boarded, trained or sold commercially or as pets. Spokane County has other regulations that apply to kennels with regard to zoning requirements, such as minimum lot size for kennels (five acres), but these would not apply to our City under the proposed change, which would only apply to the definition of kennel. There are other changes Spokane County made to its animal control regulations in late 1999, and which are applicable to us, and are in yellow in Attachment A to this RCA. There were no changes to the dangerous dog provisions that would require us to amend SVMC 7.30.035, .040, or .045. Nothing needs to be done by the Council regarding these other changes for them to be effective in Spokane Valley, since we adopted their code by reference, and as it may be amended in the future. OPTIONS: Request that staff prepare an ordinance amending the definition of "kennel" in Appendix A to the Spokane Valley Municipal Code; instruct staff to leave the definition of kennel as it currently is. RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Cary P. Driskell, Deputy City Attorney ATTACHMENTS: A. Spokane County animal control regulations with changes interlineated. B. Spokane Valley Municipal Code 7.30 relating to animal regulations EXCERPT FROM SPOKANE COUNTY CODE Chapter 5 . 04 DOGS AND CATS Sections 5.04.010 Purpose. 5.04.020 Definitions. 5.04.030 Dog and Cat license--Required. 5.04.0381 Dog/Cat Rabies Vaccination Required. 5.04.032 Dangerous Dog--Hearing and Appeal. 5.04.033 Potentially Dangerous Dog--Hearing and Appeal. 5.04.035 Registrations of dangerous dogs-Requirements and annual fee. 5.04.036 Dangerous Dogs--Identification. 5.04.040 Unlawful use of tags. 5.04.042 Commercial kennels. 5.04.043 Private kennels. 5.04.044 Prohibited sales –Rules and Regulations. 5.04.045 Designated off-leash area(s)–Rules and regulations. 5.04.050 Enforcement power. 5.04.060 Impounding of dogs. 5.04.064 Release for adoption. 5.04.065 Animal Adoption--Agreement to spay/neuter – Sterility Fee – Forfeiture of animal–Animal Care And Protection Reserve Funds Account. 5.04.066 Impounding of cats. 5.04.067 Control of cats. 5.04.070 Control of dogs. 5.04.071 Violations as infractions --Exceptions. 5.04.072 Notice of infraction--Issuance. 5.04.073 Notice of infractions--Determination final unless contested--Form. 5.04.074 Response to notice of infraction--Contesting determination--Hearing--failure to respond or appear. 5.04.075 Hearings--Rules of procedure--Counsel. 5.04.076 Hearings--Contesting determination that in- fraction committed--Appeal. 5.04.077 Hearings--Explanation of mitigating circumstances. 5.04.078 Order of court--Civil nature--Waiver, reduction, suspension of penalty—Community service in lieu of penalty. 5.04.079 Failure to Sign–Failure to Pay 5.04.0791 Person receiving notice--Identification and detention. 5.04.0792 Failure to Obey Instructions of an Officer 5.04.090 Animal Control Director or his/her designee--Issuance of criminal citation. 5.04.110 Redemption procedures. 5.04.120 Removal Destruction of Dangerous and Vicious dogs. 5.04.130 Penalties. 5.04.131 Violation as constituting a public nuisance. 5.04.140 Fee Setting Authority 5.04.150 Duty When Striking Domestic Animal With Motor Vehicle 5.04.160 Animal Bites To Be Reported SCC 5.04 1 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE 5.04.170 Spaying and Neutering Services 5.04.900 Severability 5.04.910 Effective date--Preservation of existing cases. 5.04.010 Purpose. It is the public policy of Spokane County to secure and maintain such levels of animal control within the uni ncorporated a reas of S pokane County, and w ithin a ny governmental e ntity or incorporated a rea and er c ontract t hat ha ve a dopted pr ovisions of t his chapter, as w ill pr otect the general publics' health and safety, and to the greatest degree practicable to prevent damage to property. To this end, it is the purpose of this chapter to provide a means of licensing dogs/cats and controlling errant dog/cat behavior so that it shall not become a public nuisance. It is also the public policy of Spokane County to prevent the inhumane treatment of animals. Therefore, it is also the purpose of this chapter to provide for the humane use, care, and treatment of animals to the end that cruelty to such animals will be reduced or eliminated. 5.04.020 Definitions. In cons truing p rovisions of t his ch apter, except w here of herwise pl ainly declared or cl early apparent from t he c ontext, w ords us ed i n t his c hapter s hall be given t heir c ommon a nd or dinary meaning and in addition, the following definitions shall apply: (1) "Abatement" means the termination of any violation b y reasonable and 1 awful means determined by the animal control officer in order that a person or persons presumed to be the owner or keeper shall comply with this chapter. (2) "Animal" means any nonhuman mammal, bird, reptile, or amphibian. (3) "Animal Control" or "Spokane County Animal Control" or "Spokane County Regional Animal P rotection Services" ( hereinafter r eferred to as "SCRAPS") al 1 m eans that d epartment established b y t he boa rd of c ounty c ommissioners b y r esolution t o a dminister a nd e nforce t he provisions of t his chapter, chapter 5.12 of the County C ode, and chapters 16.08, 16.52, a nd 16.54 RCW. Its department head shall be referred to hereinafter as the"animal control di rector", "animal protection director" or "Director." A n "animal control officer" or "animal protection officer" i s any person de signated b y t he D irector with a 1 imited 1 aw e nforcement c ommission a nd e mployed or appointed by the Board of County Commissioners of Spokane County for the purpose of administering or aiding i n the enforcement of this chapter, chapter 5.12 o f the County Code, and chapters 16.08, 16.52, and 16.54 RCW. (4) "Animal Shelter" means a facility which i s used to house or contain stray, hom eless, abandoned, impounded or unwanted animals, and which is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals or other nonprofit organization devoted to the welfare, protection, and hum ane treatment of animals. (5) "At large" means a dog which is physically off the premises of the owner, handler, or keeper of the dog, and which is not secured by a leash which is under the control of the owner, handler, or the keeper not exceeding eight feet in length; provided, "at large" does not include dogs exhibited in dog shows, field trials, obedience training or trials, or the training of dogs therefore; or the use of a dog under the supervision of a person to hunt, to chase or tree predatory animals or game birds; or the use of a dog to control or protect livestock or property or in other agricultural activities; or a dog when otherwise safely and securely confined or completely controlled within or upon any vehicle; or under control in a designated off-leash area; or dogs used by law enforcement agencies. (6) "Cat" means a domesticated Felis catus, and includes both male and female cats. (7) "Commercial kennel" means a place where five (5) or more dogs (over 6 months of age) and/or five (5) or more cats (over 6 months of age), irrespective of duration, are boarded, bred, bought, SCC 5.04 2 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE sold, exhibited or trained for compensation, but not including a pet shop, animal shelter or veterinary clinic/hospital where boarding is incidental to treatment. If more than eight(8) dogs (over 6 months of age) and/or ten (10) cats (over 6 m onths of age) are kept then such establishment shall be deemed a "commercial kennel," regardless of whether the owner or keeper receives compensation. (8) "Dangerous do g" means any dog that(a)i nflicts s evere i njury or multiple bites on a human being without provocation on publ is or private property, (b)i nflicts severe injury, multiple bites, en or kills an animal without provocation while the dog is off the owner's or keeper's property, or (c) has previously been found to be potentially dangerous, the owner or keeper having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans or animals. If two or more dogs jointly engage in any conduct described in this subsection, thereby rendering proof of the individual dog t hat i nflicted any particular i njury di fficult t o a scertain, t hen regardless of the degree of participation by the individual dog(s), all such dogs shall be deemed dangerous dogs. A dog shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was c ommitting a willful trespass or of her tort upon t he premises oc cupied b y the ow ner or keeper of the dog, or was tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime. (9) "Day" means a calendar day unless otherwise described. In computing any period of time prescribed in this chapter, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday or legal holiday. Legal holidays are prescribed in RCW 1.13.050. (10) "Dog" means a domesticated Canis familiaris, bred in a great many varieties, including wolf hybrids. (11) "Euthanasia" means the hum ane de struction of an animal accomplished by am ethod that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness, and death during such loss of consciousness. (12) "Exhibits vicious propensities" means: (a) The infliction of a bite, or bites, on a human being or animal, either on public or private property; or (b) Killing or severely injuring an animal while the dog or cat is off the owner's or keeper's property; P rovided, t he a bove de finition of vi cious pr opensities s hall not i nclude t hose situations described in RCW 16.08.100 (2) and (3). (13) "License year" means license expires twelve (12) months from month of purchase. (14) "Microchip implant" means a passive electronic transponder that is injected into an animal, subcutaneously, by means of a hypodermic-type syringe device. Each microchip shall contain a unique and original number that is read by an electronic scanning device for purposes of animal identification and recovery by the animal's owners. The microchip implant shall be supplied with an exterior collar- type tag for purposes of an external means of notifying others that the animal has been implanted with a microchip. (15) "Off-Leash Area" means an area specifically designated in section 5.04.045(1)in which a owner, h andler, o r ke eper m ay allow or p ermit t heir do g t o r un a t 1 arge subject tot he rules and regulations in section 5.04.045(2). (16) "Owner, handler or keeper" means any person, firm, corporation, organization or department possessing, ha rboring, k eeping, ha ving a n i nterest i n or ha ving c ontrol or c ustody of a n a nimal, regardless of whether the animal is licensed pursuant to the ordinance codified in this chapter. (17) "Pet shop" means legally permitted establishment where animals bred off the premises are offered for sale to the public. (18) "Potentially dangerous dog" means any dog that when unprovoked: (a)inflicts bites on a human or animal either on public or private property, or (b) chases or approaches a person upon the SCC 5.04 3 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack or (c) any dog w ith a know n pr opensity, t endency, or di sposition t o a ttack unpr ovoked, t o c ause i njury, or otherwise to threaten the safety of humans or animals. (19) "P remises" m eans the area of 1 and s urrounding a hous e, or d welling unit or units, and actually or by legal construction forming an enclosure and to which the owner or keeper of a dog ha s legal and equitable right therein. "Premises" does not extend into areas of common ownership or use in the case of easements, trailers parks, apartment complexes, private communities, etc. (20) "Private kennel" means a place, other than an animal shelter, where five (5)to eight(8) dogs (over 6 months of age) and/or five (5)to ten (10) cats (over six months of age) are kept for personal or noncommercial purposes. If more than eight dogs (over 6 months of age) and/or ten (10) cats (over six months of age) are kept at a pr ivate kennel, then such establishment shall be deemed a"commercial kennel," regardless of whether the owner or keeper receives compensation. (21) "Proof of vaccination" means a health or rabies certificate issued by a licensed veterinarian. (22) "Proper enclosure of a dangerous dog" means, while on the owner's or keeper's property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top and bottom enclosure, and shall also provide protection from the elements for a dog. (23) "Senior Rate" means the special discounted rate any dog/cat owner 65 years of age or older may request for the license of one spayed/neutered animal. (24) "Service Animal" means any guide dog, signal dog, or any other animal individually trained to provide assistance to an individual with a disability. X24)(25) "Severe i njury" means a ny physical i njury which results i n a br oken bone s, disfigurement, Of lacerations requiring s uture(s) or s urgery, or mul tiple bi tes r equiring me dical treatment. (25)(26) "Spokane County" means the unincorporated area of Spokane County, Washington and within any governmental entity or incorporated area under contract that have adopted provisions of this chapter. (2.6)(27) "Trip Fee", means the response fee an owner or keeper of an animal may be charged by SCRAPS when an animal is impounded. 5.04.030 Dog and Cat License--Required. (1) The harboring, keeping, or maintaining more then 4 dogs and or 4 cats over six months of age any place in the unincorporated areas of Spokane C ounty and i ncorporated areas under contract that have a dopted t his chapter, shall require a k ennel license as i dentified i n s ections 5.04..042 or 5.04.043. (2) All dogs six months of age or older harbored, kept or maintained in the unincorporated areas of Spokane County and incorporated areas under contract that have adopted this chapter, shall be licensed. The annual 1 icense fee for each dog shall be twenty dollars ($20.00)for neutered/spayed dogs and forty dollars ($40.00)for nons payed/nonneutered do gs, four dollars ($4.00) of the above license fees shall be dedicated for the purposes i dentified i n section 5.04.170. A penalty o f twenty dollars ($20.00)will be added to the above license fees for failure to timely obtain or renew a license as required by subsection(-5) (6) of this section. Senior rate, if applicable will reduce the above fee by five dollars (5.00) on one neutered/spayed license. License may be obtained from and fees may be paid either to "county" or "private" licensing outlets as designated by the Director. A service charge of two dollars ($2.00)in addition to the regularly set fees may be collected and retained by all "private" licensing outlets appointed by the Director for each dog license issued. Upon payment of the initial license fee provided above, the 1 icensing outlet shall deliver t o the owner or keeper of such dog, a license and metallic tag, renewable annually, for each dog licensed. SCC 5.04 4 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE (24 al All cats six months of age or older harbored, kept or maintained in the unincorporated areas of Spokane County and incorporated areas under contract that have adopted this chapter, shall be licensed. The annual license fee for each cat shall be fifteen dollars ($15.00)for spayed/neutered cats and twenty-five dollars ($25.00)for non-spayed/non-neutered cats. Four dollars ($4.00) of the above license fees shall be dedicated for the purposes identified i n section 5.04.170. A penalty o f twenty dollars ($20.00)will be added to the above license fees for failure to timely obtain or renew a license as required by subsection( ) (6) of this section. Senior rate, if applicable will reduce the above fee by five dollars ($5.00) on one neutered/spayed 1 icense. License fees may be paid t o either"county" or "private" licensing outlets as designated b y the Director. A service charge of two dollars ($2.00) in addition to the r egularly set fees m ay be collected and retained by all "private" lic ensing out lets appointed by the Director for each cat license issued. Upon payment of the initial license fee provided above, the licensing outlet shall deliver to the owner or keeper of such dog, a license and metallic tag, renewable annually, for each cat licensed. (3)O All licenses issued pursuant to this section shall be dated and numbered, and shall bear the name of Spokane County SCRAPS, the name and address of the owner and keeper of the dog or cat license, and a description of the dog or cat, including its color and sex. The metallic tag shall bear a serial number corresponding with the number of the license, and the county or part thereof for which it is issued. It shall be the duty of every owner or keeper of a dog or cat to keep a substantial collar on the ani mal and to keep firmly attached thereto the metallic tag for the current 1 icensing year. There shall be a fee of two dollars ($2.00)for replacement of any lost license tag. (4) (5) Any person who shall for the reason of securing a dog or cat license falsely represent whether t he do g or c at i s s payed/neutered or non -spayed/non-neutered shall be guilty o f a misdemeanor. (5) Licenses must be renewed within twelve (12) months of the date the previous license was i ssued. A n ew 1 icense must be pur chased within thirty (30) d ays after a do g or c at was first acquired, ha rbored, ke pt, m aintained, or br ought i nto t he c ounty by a p erson r esiding i n S pokane County. { }0 All fees and fines collected under the provisions of this chapter other than criminal fines and the portion of the license fees dedicated for the purposes identified in section 5.04.170 s hall be deposited in the county current expense fund. (7) (8) The county shall honor he one request per year by the owner of a guide dog, signal dog, or any of her a nimal i ndividually t rained t o provide a ssistance as a s ervice ani mal a–they not t o be charged a fee t o license: one spay/neutered service animal. his or her dog guide or t rained s ervice animal. (8) n The owner or keeper of any dog or cat shall provide SCRAPS upon request with proof that the dog or cat is currently licensed as provided by this chapter. (9) 10) Any increase i n cur rent dog and cat 1 icensing fees or penalties i n this section shall become effective on January 1, 2008 @ 12.01 a.m.. 5.04.031 Dog/Cat to have current vaccination against rabies. All dogs and cats six (6) months of age or older shall be vaccinated against rabies. The owner or keeper of such do g/cat s hall provide SCRAPS with proof that such dog/cat has been vaccinated against rabies as well as the expiration date of such vaccination. An owner or keeper who refuses to provide proof of such vaccination upon request by the Director or his/her designee shall be deemed to have failed to provide such proof. 5.04.032 Declaration of Dangerous Dog—Administrative Appeal Hearing and Appeal— Impounding of Dog. SCC 5.04 5 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE (1) When the Director, or his/her designee, has sufficient information to determine that a dog i s a dangerous dog a s de fined b y section 5.04.020(8), the Director, or hi s/her designee, s hall declare the dog a dangerous dog and shall notify the owner or keeper of the dog in writing, either in person or by regular and certified mail. Any notice or determination mailed pursuant to this section shall be deemed received by the party to which it is addressed on the third day after it is placed in the mail, as set forth by declaration of the sender. The notice shall contain the following information: (a) That the person receiving the notice is the owner or keeper of a dangerous dog as defined in section 5.04.020(8); (b) The breed, color, sex, and license number(if known) of the said dog; (c) A copy of the records relied upon b y the Director, or hi s/her designee, which form the basis for declaring said dog to be a dangerous dog_these records may be supplemented with additional material as it becomes available; (d) That t o c ontest the de claration of dangerous dog the ow ner or k eeper of the dog must request an administrative appeal hearing in writing on a form provided with the notice within fifteen (15) days of the receipt of the notice. (e) T hat i fan a dministrative a ppeal he aring i s r equested, s uch he aring w ill be c onvened pursuant to subsection (2) of this section; that at the administrative appeal hearing, the records of the Director, or his/her designee, and any supplementary material shall be admissible to prove the dog is a dangerous dog; that the owner or keeper of the dog may require the officer compiling the record to be present at the administrative appeal hearing; that the owner or keeper of the dog may present evidence and examine witnesses present; and that the burden shall be on the Director, or his/her designee, to establish by a preponderance of the evidence that the dog is a dangerous dog; (f) Any do g de dared dangerous unde r t his s ection or a ny comparable s ection b y a dul y authorized g overnmental a nimal c ontrol authority shall b e i mmediately impounded until the ow ner registers the dog as dangerous in accordance with section 5.04.035. The dog will be euthanized at the direction of the Director or hi s/her designee unless the owner or keeper within fifteen (15) days from the date the dog was declared dangerous registers the dog or appeals the determination. If the owner appeals the dangerous dog declaration the dog must be registered provisionally pursuant t o section 5.04.035 or it will be held at the shelter at the owner's expense pending the results of the appeal. (2) If the owner or keeper of the dog requests an administrative app eal hearing as provided in section 5.04.032(1)(d) of this section the hearing shall be held before the Board of Spokane County Commissioners or its designee(s). The administrative appeal hearing shall be held within twenty (20) days after the receipt of the request for an administrative appeal hearing, unless it is continued by the Board or its designee based upon a showing of good cause. The Director, or his/her designee, shall notify the ow ner or ke eper of the date, time, and pl ace for the adm ini strative appe al he aring. The administrative a ppeal he aring s hall b e ope n t o the public. In t hose i nstances w here the Board's designee acts as a hearing officer in conjunction with a dangerous dog administrative appeal hearing, the following procedures shall apply: (a) All administrative appeal hearings before the hereinabove designee shall be recorded; all testimony shall be taken under oath and witnesses may be subpoenaed by the designee; (b) The he aring of ficer s hall r ender an oral r ecommendation at the c onclusion of t he administrative a ppeal he aring o r within five (5) bus iness days. T his time m ay be extended a t the discretion of t he he aring of ficer. T he or al r ecommendation s hall be reduced t o w riting a nd i n accordance with subsection (4) of this section shall include findings of fact and conclusions of law, and shall be submitted to the Board of County Commissioners of Spokane County for action; a copy will be forwarded to the owner or keeper and to the Director. Upon receipt by the Clerk of the Board of County Commissioners of the written recommendation of the hearing officer, the Clerk shall place the matter on its next regular meeting agenda for action. The owner or keeper of the dog shall be advised SCC 5.04 6 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE by the Clerk of the Board that the Board will take formal action on the recommendation of the hearing officer at the time, date and place of the Board of County Commissioners' next regular meeting-; (c) At t he time, date and p lace t hat t he Board of County C ommissioners considers the written recommendation of the hearing officer no additional testimony or evidence will be considered. The record before the Board of County Commissioners will include the electronic recording of the hearing before the hearing officer, any written documents, photographs, and other exhibits submitted to the hearing officer for consideration at the time of the hearing or after the hearing if requested by the hearing officer pursuant to subsection (2)(b) of this section, and the findings of fact, conclusions of law and recommendation of the hearing officer. The Board of County Commissioners may ask questions of the hearing officer for purposes of clarification; and (d) The B oard of C ounty C ommissioners m ay accept, r eject, or m odify t he recommendation of the hearing officer. The Board shall render its decision in writing. (3) At the conclusion of the administrative appeal hearing as provided in subsection (2) of this section, the hearing officer shall have the authority to make a written recommendation to either affirm, reverse or modify the declaration by the Director, or his/her designee, that the dog is dangerous. If the recommendation is to modify the declaration, the hearing officer may make a finding that the dog i s potentially dangerous. If the hearing officer affirms the declaration and finds that the dog i s dangerous, then the requirements under 5.04.035 shall be imposed upon the owner or keeper of the dangerous dog as a condition of continued ownership or keeping of the animal. If the hearing officer modifies the declaration and finds that the dog i s potentially dangerous, then the hearing officer may recommend that reasonable conditions be imposed upon t he owner or keeper as a condition of continued ownership or keeping of the animal. Reasonable conditions may include but are not limited to the following: (a) Erection of new or additional fencing to keep the dog within the confines of the owner's or keeper's property; (b) C onstruction of a run consistent with the size of the dog within which the dog must be kept; (c) Keeping the dog on a 1 eash ade quate to control the dog or s ecurely fastened to a s ecure object when left unattended; (d) Keeping the dog indoors at all times, except when on a leash adequate to control the dog and under the actual physical control of the owner or keeper or a competent person at least 15 years of age; (e) Keeping the dog muzzled in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal when outside a proper enclosure; (f) Spaying/neutering of the dog; and (g) Microchip implanting the dog for identification purposes. The hearing officer(s) may, in his or her recommendation, determine to the Director or his/her designee is the authority to establish the appropriate requirements from the preceding list or to refine and clarify the aforementioned requirements to effectuate the purposes of this ordinance. (4) The owner or keeper of the dog shall be notified in writing by the hearing officer(s) within fifteen (15) da ys o f the a dministrative a ppeal h earing o f hi s/her r ecommendation unless thi s ti me period has been extended pursuant t o subsection (2)(b) of this section. I n no e vent s hall t his time period be extended beyond thirty (30) days from the date of the conclusion of the administrative appeal hearing unless good cause is shown. If the hearing officer(s)issues a finding of dangerous dog that is upheld by the Board of County Commissioners, the owner or keeper of the dog may appeal the Board's decision as provided below. If the owner or keeper does not timely appeal the Board's decision, he or SCC 5.04 7 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE she must either register the dog as a dangerous dog i n accordance with section 5.04.035 or the dog shall be confiscated as provided in RCW 16.08.100(1). (5) An appeal of an order affirming the hearing officer(s) recommendation may be made in the manner pr ovided unde r t he g eneral 1 aws of t he s tate. In t he e vent t he he aring of ficer(s) recommendation is affirmed on appeal and no further appeal is made, the owner or keeper of the dog must register the dog as a dangerous dog in accordance with section 5.04.035 within fifteen (15) days of notification of the decision or the dog will be euthanized at the direction of the Director, or his/her designee. (6) A finding that a dog i s not a dangerous dog shall not prevent the Director, or hi s/her designee, from seeking to have the dog declared a dangerous dog as the result of any subsequent action by the dog. (7) In the event the Director, or hi s/her designee, has sufficient information to determine a dog is dangerous and may pose a threat of serious harm to human beings or animals, the Director, or his/her de signee, s hall seize a nd i mpound t he dog pe nding not ice, h earings, a ppeals a nd of her determinations hereunder. The owner or keeper of the dog shall be liable to SCRAPS for the costs and expenses of keeping such dog, unless a finding is made that the dog is neither a dangerous dog nor a potentially dangerous dog. (8) A n owner or ke eper of a dangerous dog who vi olates any conditions imposed under this section shall be guilty of a gross misdemeanor. An owner or keeper of a potentially dangerous dog who violates any conditions imposed under this section shall be guilty of a misdemeanor. 5.04.033 Determination of Potentially Dangerous Dog--Notice, Administrative Review, and Appeal. (1) When the Director, or his/her designee, has sufficient information to determine that a dog is a potentially dangerous dog as defined in section 5.04.020(17), a notice either in person or by regular m ail, s hall be p rovided t o t he ow ner o r ke eper of t he do g. T he not ice s hall c ontain t he following information: (a) That the person receiving the notice is the owner or keeper of a potentially dangerous dog as defined in section 5.04.020(17); (b) The breed, color, sex, and license number(if known) of said dog; (c) The facts upon which the determination of potentially dangerous dog is based; (d) That i f t here are future similar i ncidents with the dog, the d og could be declared a dangerous do g pur suant t o s ection 5.04.032, a nd r equired t o be r egistered a s provided i n s ection 5.04.035; (e) That the ow ner or ke eper must c omply with restrictions s et forth i n the not ice a s a condition of continued ownership or keeping of the dog and that restrictions may include but are not limited to those which may be imposed on the owner of keeper of a potentially dangerous dog pursuant to section 5.04.032(3); (f) That the notice constitutes a final determination that the dog is a potentially dangerous dog, unless the owner or keeper of the dog requests an administrative review meeting in writing on a form provided with the notice within fifteen (15) days of the receipt of the notice. For purposes of this section, if the notice is mailed, it shall be deemed received on the third day after the notice is placed in the mail; and (g) That pursuant to 5.04.033(3), a failure by the dog owner or keeper to request and attend an administrative review meeting with the animal control director or designee shall constitute a failure to exhaust all administrative remedies, and that such failure to exhaust all administrative remedies shall preclude any appeal of the a dministrative determination t o the B oard of C ounty C ommissioners or Court. SCC 5.04 8 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE (2) In the event the owner or keeper of a dog requests an administrative review meeting as provided in subsection (1)(f) of this subsection, the administrative review meeting shall be held within thirty (30) days of the receipt of the request. The meeting date may be continued upon a showing of good cause. The Director or hi s/her designee shall notify the owner or keeper of the d ate, time and place of the administrative review meeting, as well as the right to present evidence as to why the dog should not be found potentially dangerous. The administrative review meeting shall be held before the Director or hi s/her de signee. A dministrative review m eetings s hall be i nformal, open to the public; and, at the option of the Director or his/her designee, may be held telephonically. (3) Following an a dministrative r eview me eting, the D irector or hi s/her designee ma y affirm or reverse the initial determination that a dog is potentially dangerous. If a determination that a dog i s pot entially da ngerous i s uphe ld, t he D irector o r hi s/her de signee m ay i mpose t he s ame reasonable c onditions as m ay b e i mposed on t he ow ner or ke eper of a pot entially da ngerous d og pursuant to section 5.04.032(3). (4) The Director or his/her designee shall notify, in writing, the owner or keeper of the dog of hi s/her decision within ten (10) days of the administrative review meeting. T he decision of the Director or his/her designee may be appealed in the same manner as provided in section 5.04.032. (5) The decision of the Director or his/her designee is final unless appealed. (6) An owner or keeper of a potentially dangerous dog who violates any of the conditions imposed under this section shall be guilty of a misdemeanor. 5.04.035 Registration of Dangerous Dogs--Requirements--Annual Fee. (1) The owner o r ke eper of a dangerous dog must obtain a certificate of registration for such animal from S CRAPS within fifteen (15) days of declaration of dangerous dog or if appealed within fifteen (15) days of the appeal decision as provided in section 5.04.032. No dangerous dog shall be r eturned b y S CRAPS t o a nyone prior t o the i ssuance of a c ertificate of registration unde r this section. The certificate of registration shall be issued only if the owner or keeper of the dangerous dog presents sufficient proof of the following: (a) A proper enclosure, approved by SCRAPS, to confine a dangerous dog and posting of the premises with a clearly visible sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog; (b) A microchip implant injected for identifications purposes pursuant to 5.04.036; (c) A muzzle and leash, approved by SCRAPS as to strength and fit, for the dangerous dog; (d) A surety bond issued by a surety insurer qualified under chapter 48.28 RCW in a form acceptable t o the S CRAPS i n the sum of at 1 east two hundred fifty thousand dollars ($250,000.00) which provides for prior written notification to SCRAPS of cancellation or material change, payable to any p erson for pe rsonal i njuries or pr operty d amage c aused b y t he da ngerous dog r egardless of whether the personal injury or property damage occurs on or off the owner or keeper's premises; or A policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified under RCW Title 48 i n the amount of at least two hundred fifty thousand dollars ($250,000)with a maximum five hundred dollar($500.00) deductible and which provides for prior written notification to SCRAPS of cancellation or material change, insuring the owner or keeper for any personal injuries and property damage inflicted by the dangerous dog regardless of whether the personal injury or property damage occurs on or off the owner or keeper's premises; and The ow ner o r keeper of a dangerous dog s hall furnish t o S CRAPS a complete copy o f t he surety bond or c ertificate of i nsurance s pecified i n t his s ubsection a nd s hall a llow t he C ounty a reasonable time to review the bond o r policy to determine whether the surety bond or certificate of insurance is sufficient, prior to issuing the certificate of registration; SCC 5.04 9 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE (e) The dangerous dog must be s payed/neutered at the owner's expense t o complete the registration. Any i mpounded dangerous do gs w ill be transported b y S CRAPS t o a ve terinarian for spaying/neutering as part of the registration process; and ((f) In addition to the regular dog licensing fees set forth in section 5.04.030, the owner or keeper of a dangerous dog shall pay an annual registration fee in the amount of one hundred dollars ($100.00). The registration will be valid for twelve (12) months. (2) Notwithstanding the requirements set forth in subsection (1) of this section, the Director may i ssue a pr ovisional r egistration c ertificate where: (a)t he d angerous dog de claration has b een appealed, provided all conditions of this section have been met with the exception of subsection (1)(e) requiring spay/neuter; or (b)the owner is relocating the dangerous dog outside of Spokane County and all conditions of this section have been met with the exception of subsection (1)(d)requiring a surety bond or insurance pol icy. Any provisional permit issued pursuant t o (2)(a) of this subsection shall expire fifteen (15) days following the appeal decision as provided in section 5.04.032; any provisional permit i ssued pursuant t o (2)(b) of this subsection s hall be valid for the s ole purpose of i mmediate transport and relocation of the dog from the shelter to a location outside Spokane County. (3) This section shall not apply to police dogs as defined in RCW 4.24.410. (4) The owner or keeper of a dog declared a dangerous dog must notify SCRAPS in writing if the dog is deceased, is to be relocated or if there is a change in ownership. In the event of a change of ownership and/or relocation of the dangerous dog, the owner or keeper must provide SCRAPS with written notice ten (10) days in advance of any change that includes the complete address and phone number of t he ne w ow ner or ke eper pr for t o the c hange of ow nership a nd/or r elocation oft he dangerous dog. The owner or keeper of the dangerous dog must also notify any subsequent owner or keeper of the dog's designation as a dangerous dog. If change of ownership and/or relocation of a dangerous dog is within Spokane County, all conditions imposed under this section shall be in place for the new owner and at the new location prior to such change. (5) Dogs d eemed da ngerous b y of her j urisdictions i n t he S tate of W ashington w ill be subject to the same regulations as if they have been deemed dangerous in Spokane County. Any owner or keeper of a dog deemed dangerous by jurisdictions outside of the State of Washington relocating to Spokane County, W A, shall present the dog to SCRAPS within 30 days of their arrival i n Spokane County to be evaluated by the Director or his/her designee on an individual basis to determine whether they meet the requirements of a dangerous dog, taking into account the criteria established by section 5.04.020(8). D ogs m eeting the requirements o f a da ngerous do g under this subsection m ust be registered as such, and are subject to all other restrictions imposed under this section. (6) An owner or ke eper of a dog previously deemed dangerous b y S CRAPS or S pokane County and s ubsequently relocated out side S pokane C ounty, m ust r egister t he do g pur suant t o subsection (1) of this section prior to bringing the dangerous dog into Spokane County; such dogs are prohibited from re-entering Spokane County without prior written consent from S CRAPS and/or full re-registration. (7) Dangerous dog registration must be renewed every twelve (12) months. A re-inspection of the facility is required prior to renewal. The owner or keeper shall also provide SCRAPS proof of surety bond or proper insurance certificate as specified in subsection (1) of this section prior to re- registration. (8) An owner or keeper of a dog declared a dangerous dog shall be responsible for meeting and maintaining the requirements s et forth in this s ection at all time s. A vi olation of c onditions imposed under this section is a gross misdemeanor. 5.04.036 Dangerous dogs--Identification. The ow ner or ke eper of a dog determined t o be dangerous, pursuant t o s ection 5.04.032 or section 5.04.035(5), shall have the dog identified by a microchip implant. The microchip implant shall SCC 5.04 10 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE be injected in accordance with policy established by SCRAPS. A fee of twenty-five dollars ($25.00) for the cost of microchipping shall be charged to the owner or keeper of a dangerous dog. 5.04.040 Unlawful Use of License Tags (1) It is unlawful for any owner to use any license tag on any dog or cat other than the one for which it was issued. If there is a change of ownership of a licensed dog or cat, the new owner must apply for and obtain a new license as required in this chapter. (2) It is unlawful for any person to use the license tag for an unlawful purpose or to conceal the ownership of the dog or cat or remove the license tag provided for in this chapter from any dog or cat, with the intent to deprive the owner or keeper thereof. (3) A willful violation of this section is a misdemeanor. 5.04.042 Commercial Kennels (1) Commercial kennels 1 ocated i n Spokane County s hall be 1 icensed a s required b y this section. Commercial kennel licenses shall be for a twelve-month (12)period and shall be renewed on or before the expiration of the twelve-month(12)period. The fee for a commercial kennel license is one hundred-fifty dollars ($150.00), payable t o SCRAPS. A n additional fee of twenty-five dollars ($25.00) shall be assessed and payable if the license is not timely renewed; and, all renewal rights to existing license cease to exist 90 days after renewal date and continued operation of the kennel shall be deemed operation of an illegal kennel. SCRAPS shall mail a notice of renewal of license not less than thirty (30) days prior t o the expiration of s aid 1 icense. Individual licenses are not required for any animals legally maintained within a commercial kennel. (2) Applications f or com mercial ke nnel 1 icenses shall be m ade t o SCRAPS. E ach application shall be in writing, and signed and sworn to by the applicant. The application shall contain the following information: (a) The name, home address, and telephone number of the applicant; (b) The bus iness na me, b usiness a ddress, a nd t elephone num ber o f t he pr oposed commercial kennel. (c) A diagram to scale or approximately to scale showing the property and structures for which the license is sought; (d) A diagram of the kennel facility; (e) A description of the premises where the kennel will be operated, as well as a description of the magnitude and nature of the proposed business; and (f) A written statement from the Spokane County Building And Planning Division that the contemplated business complies with applicable zoning laws. (3) SCRAPS may refuse issuance or renewal of a license, or revoke or suspend said license, upon finding after investigation or hearing s it deems necessary that: (a) The license fee has not been paid; (b) The application does not satisfy the requirements of subsection (2); (c) Upon the inspection by the Director or his/her designee, the business does not meet the standards for a commercial kennel set forth in subsection (5); (d) Such 1 icense was i ssued illegally, or b y mistake or i nadvertence, or was procured b y fraud, misrepresentation, false or misleading statements, evasions or suppression of material facts, or that any of the material facts contained in the application are false; (e) The 1 icensee, or any agent of t he 1 icensee, i n connection w ith t he operation of t he commercial kennel, has, within a two-year period: (i) Been found guilty or committed of a violation of any provisions of this chapter, chapter 5.12 of the Spokane County Code, or chapters 16.08, 16.52, or 16.54 RCW; or SCC 5.04 11 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE (ii) Been found to have engaged in any other misconduct, or improper, fraudulent, or wrongful behavior relating to the operation of a commercial kennel; (iii) Violated any of the standards imposed for operation of a commercial kennel by subsection (5) of this section. (f) Any s ervant, agent, employee or r epresentative of t he com mercial ke nnel ha s be en guilty of an y act or om ission while on the p remises of t he com mercial ke nnel, where s aid act constitutes a criminal violation of this chapter, or chapter 5.12 of the Spokane County Code or chapters 16.08, 16.52, or 16.54 RCW; or has been to have engaged in any misconduct or improper, fraudulent or wrongful behavior relating to the operation of the commercial kennel if: (i) the circumstances surrounding any of the foregoing acts or omissions are such as to e stablish t hat s uch a ct w as know ingly allowed b y any pe rson s haring i n pr ofits of s aid business, or, i f a c orporation, any officer or di rector t hereof, or of any pe rson a cting a s a proprietor, manager, or person in charge of such business; or (ii) in any event, if two (2) or more such acts or omissions have occurred on the premises within a two-year period. (g) Failure to observe any of the standards set forth in subsection (5) of this section. (4) Any applicant who has duly made application for a new commercial kennel or renewal of an existing license under the provisions of t his section and has been denied such license, or any person holding a license which is revoked or suspended under the provisions of this section, may file a petition with the C lerk of the B oard of C ounty C ommissioners for a a dministrative a ppeal he aring provided that such petition must be filed within fifteen (15) days following notification of such denial, revocation or suspension. If the applicant's petition is on a current legally issued license, such denial, revocation or suspension shall be stayed upon the filing of such petition for administrative appeal with the Clerk of the Board pending final determination of the Board of County Commissioners as herein provided. In the event such petition i s filed, the B oard of C ounty Commissioners may elect to use designee(s) as a hearing officer; in any event, a date, no less than ten (10) days following the mailing of notice thereof shall be set for a administrative appeal hearing, of which all interested parties shall be notified. A 11 evidence bearing on the questions of whether such denial, r evocation or suspension i s proper unde r t he pr ovisions of t his s ection m ay be r eceived a t t hat a dministrative a ppeal h earing conducted b y t he Board of C ounty C ommissioners or its de signee(s). If t he Board of C ounty Commissioners shall determine upon s uch administrative appeal hearing that such denial, suspension or revocation is not proper under the provisions of this chapter, they shall notify SCRAPS, which shall cause the 1 icense t o be i ssued or reinstated forthwith. If t he Board of C ounty C ommissioners determines upon such administrative appeal hearing that such license should be denied, suspended or revoked under the provisions of this section, they shall issue such order in writing. An appeal of such an or der m ay be m ade i n the superior court of S pokane C ounty i n the manner provided under the general 1 aws of t he s tate of W ashington. I n t hose i nstances w here t he Board o f C ounty Commissioners' de signee a cts a s a he aring officer i n c onjunction with t his s ection, the following procedures shall apply: (a) All hearings before the hereinabove designee shall be recorded; all testimony shall be taken under oath and witnesses may be subpoenaed by the designee; (b) The he aring officer s hall r ender a n or al r ecommendation a t t he c onclusion of t he hearing or within five (5)business days. This time may be extended at the discretion of the hearing officer. The oral recommendation s hall be r educed to writing and shall include findings of fact and conclusions of law, and shall be submitted to the Board of County Commissioners of Spokane County for action; a copy will be forwarded to the applicant and the Director. Upon receipt by the Clerk of the Board of County Commissioners of the written recommendation of the hearing officer, the Clerk shall place the matter on its next regular meeting agenda for action. The applicant shall be advised by the SCC 5.04 12 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE Clerk of the Board that the Board will take formal action on the recommendation of the hearing officer at the time, date and place of the Board of County Commissioners' next regular meeting; (c) At t he time, date and p lace t hat t he Board of County C ommissioners considers the written recommendation of the hearing officer no additional testimony or evidence will be considered. The record before the Board of County Commissioners will include the electronic recording of the hearing b efore t he he aring of ficer, a ny written doc uments s ubmitted to the he aring of ficer for consideration at the time of the hearing or after the hearing if requested by the hearing officer and the findings of fact conclusions of law and recommendation of the hearing officer. The Board of County Commissioners may ask questions of the hearing officer for purposes of clarification; and (d) The B oard of C ounty C ommissioners m ay accept, r eject, or m odify t he recommendation of the hearing officer. The Board shall render its decision in writing. (5) The following operation standards shall be observed in connection with a commercial kennel: (a) All animals must have an adequate supply of drinking water, sanitary sleeping quarters, adequate s helter, m edical at tention, grooming and exercise ar eas appr opriate t o their s ize, breed characteristics and climate; (b) All animals shall be supplied with sufficient good and wholesome food as often as the feeding habits of the respective animals require, but not 1 ess than, i n the case of puppies or kittens under four months of age, three times every twenty-four hours; and in the case of adults, once every twenty-four hours-; (c) Food shall be stored in a fashion which prevents contamination or infestation; (d) The F acilities s hall be maintained and operated in a he althful, sanitary ma nner, free from disease, infestation and foul odors; (e) All a nimals a nd animal buildings or e nclosures s hall be m aintained i n a c lean and sanitary condition. H ousing facilities s hall be structurally s ound and s hall be m aintained i n g ood repair, t o protect the animals from injury, to contain the animals, and to restrict the entry o f of her animals. A 11 reasonable precautions s hall be taken t o protect the public from the a nimals and the animals from the public. (f) Sick animals s hall be is olated from he althy ones i n quarters a dequately ventilated t o prevent contamination of healthy animals; (gg Animals shall be immunized from disease as is usual and customary for the animals' age and species. (h) All a nimal rooms, c ages, s hipping c ontainers, and runs s hall b e of sufficient s ize to provide adequate and proper accommodations and protection from the weather for the animals kept therein. If i ndividual r uns a re ut ilized, t he s urface s hall be c ement, g ravel, or s havings. A t a minimum, sufficient s pace mus t be p rovided for e very a nimal inane nclosure t o s eparately and together, stand up, lie down, and turn around in a natural position. (i) All animals shall be maintained so as to comply with section 5.04.070(7). (6) No commercial kennel license, or any renewal thereof, may be issued until the owner or operator thereof allows the Director or his/her designee to inspect the premises of the license applicant. Such inspections shall be made during regular business hours. The purpose of such inspection shall be to determine if the commercial kennel does or can meet the standards set forth in subsection (5). The Director, or hi s/her designee, may ins pect the premises at any time to insure compliance with the provisions of this ordinance. (7) Any person owning or exercising control of an unlicensed commercial kennel is guilty of a misdemeanor. 5.04.043 Private Kennels SCC 5.04 13 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE (1) Private kennels located in Spokane County shall be licensed as required by this section. Private kennel licenses shall be for a twelve (12) month period and shall be renewed on or before the expiration of the twelve (12) month period. The fee for a private kennel license is one-hundred dollars ($100.00), payable to SCRAPS. An additional fee of twenty-five dollars ($25.00) shall be assessed and payable if the license is not timely renewed; and, all renewal rights to existing license cease to exist 90 days after renewal date and continued operation of the kennel shall be deemed operation of an illegal kennel. SCRAPS shall mail a notice of renewal of license not less than thirty (30) days prior to the expiration of said license. Individual licenses are not required for any animals legally maintained within a private kennel. (2) Applications for private kennel licenses shall be made to S CRAPS. Each application shall be i n w riting, a nd s igned a nd s worn t o b y t he a pplicant. T he a pplication s hall c ontain the following information: (a) The name, home address, and telephone number of the applicant; (b) A diagram to scale or approximately to scale showing the property and structures for which the license is sought; (c) A diagram of the kennel facility; (d) A description of the premises where the kennel will be operated, as well as a description of the magnitude and nature of the proposed private kennel, including the number and breed of dogs or cats to be housed there; (e) A de scription of t he us es t o w hich t he pr operties s urrounding t he pr oposed pr ivate kennel are devoted; (f) A written statement from the Spokane County Division of Building and Planning that the proposed private kennel complies with applicable zoning laws. (3) SCRAPS may refuse issuance or renewal of a license, or revoke or suspend said license, upon finding after investigation or hearing it deems necessary that: (a) The license fee has not been paid; (b) The application does not satisfy the requirements of subsection (2); (c) Such 1 icense was issued illegally, or b y mistake or inadvertence, or was procured b y fraud, misrepresentation, false or misleading statements, evasions or suppression of material facts, or that any of the material facts contained in the application are false; (d) Operation of the kennel constitutes a public nuisance; (e) The 1 icensee, or any agent of t he 1 icensee, i n connection w ith t he ope ration of t he private kennel, has, within a two-year period: (i) Been found guilty or committed of a violation of any of the provisions of this chapter, chapter 5.12 of the County Code, or chapters 16.08, 16.52, or 16.54 Revised Code of Washington; (ii) Violated any of the standards i mposed for ope ration o f pr ivate ke nnels b y subsection (4) hereof; or (iii) Kept more than the number of dogs or cats allowed by subsection (5) hereof. (4) The f ollowing ope ration s tandards s hall be obs erved i n c onnection w ith a pr ivate kennel: (a) The animals must have an adequate supply of drinking water, sanitary sleeping quarters, and adequate shelter, medical attention, grooming and exercise areas appropriate to their size, breed characteristics and climate; (b) All animals shall be supplied with sufficient good and wholesome food as often as the feeding habits of the respective animals require, but not 1 ess than, i n the case of puppies or kittens under four months of age, three times every twenty-four(24) hours; and i n the case of adults, one e every twenty-four (24) hours. SCC 5.04 14 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE (c) All a nimals a nd animal buildings or e nclosures s hall be m aintained i n a c lean and sanitary condition. H ousing facilities s hall be structurally s ound and s hall be m aintained i n g ood repair, to protect the animals from injury, t o contain the animals, and t o restrict the entry o f of her animals. A 11 reasonable precautions s hall be taken t o protect the public from the a nimals and the animals from the public; (d) Sick animals s hall be is olated from he althy ones in quarters a dequately ventilated to prevent contamination of healthy animals; (e) Animals shall be immunized from disease as is usual and customary for the animals' age and species; (f) All a nimal rooms, c ages, s hipping c ontainers, and runs s hall be of sufficient size to provide adequate and proper accommodations and protection from the weather for the animals kept therein. If i ndividual r uns a re ut ilized, t he s urface s hall be c ement, g ravel, or s havings. A t a minimum, s ufficient s pace m ust be p rovided for e very animal i n an e nclosure t o separately and together, stand up, lie down, and turn around in a natural position; and (g) All animals shall be maintained so as to comply with section 5.04.070(7). (5) No private k ennel s hall have m ore than eight (8) do gs a nd/or t en (10) cats over six months of age without the consent of SCRAPS. (6) No private ke nnel license, or any renewal t hereof m ay be i ssued until the ow ner o r operator allows, the Director, or his/her designee, to inspect the premises of the license applicant at a mutually convenient time. The purpose of such inspection shall be to determine if the private kennel does or can meet the standards set forth i n subsection (4). Any 1 icense or renewal thereof s hall be conditioned on the owner/operator allowing the Director or his/her designee to inspect the premises at any time to insure compliance with the provisions of this ordinance. (7) Any person owning or exercising control of an unlicensed private kennel is guilty of a misdemeanor. 5.04.044 Prohibited Sales -Rules and Regulations. (1) No person shall display, sell, deliver, offer for sale, barter, auction, give away, dispose, or advertise the availability of an animal upon any public property or upon private property open to the public. (2)For purposes of this section, public property shall include but not be limited to any County-owned real property, air space, or other interest in real estate, including streets, roads, alleys or other public right-of ways, owned by or controlled by Spokane County or any governmental entity within the unincorporated areas or incorporated areas under contract that have adopted this chapter. (3)For purposes of this section, "private property open to the public" shall include but not be limited to any parking lot, sidewalk, and empty lot. (4) This section shall not apply to the sale of an animal that occurs: (a) On private property not open to the public; (b) At legally permitted Pet Shops and Kennels; SCC 5.04 15 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE (c) At or through any humane society, animal welfare society, society for the prevention of cruelty to animals or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals and approved by the Director. (5)Nothing in this section shall permit the sale or harboring of an inherently dangerous animal within the County prohibited pursuant to SCC 5.12. 5.04.045 Designated Off-Leash Area(s) - Rules and Regulations. Except a s expressly allowed i n this section, it shall be unl awful for any person t o allow or permit their dog to run at large. (1) Dogs may be allowed to run at large only in the following designated off-leash areas: (a) Designated off-leash area w ithin Gateway P ark, located off Interstate 90 in Spokane County adjacent to the Idaho/Washington border; (2) An area d esignated as off-leash a rea i n s ubsection ( 1)he rein, i s governed b y t he following rules and regulations: (a) Any person bringing a dog i nto the off-leash area remains 1 iable for damage or injury inflicted by the dog and is subject to all applicable Washington State and Spokane County laws regulating dogs. (b) Any dog deemed pot entially d angerous or da ngerous b y any r ecognized a nimal control authority is not allowed in an off-leash area. (c) Any person bringing a dog into an off-leash area must maintain control of the dog(s) at all times. (d) No handler is allowed to have more than three (3) dogs in an off-leash area at any one time. A handler must attend his/her dog within an off-leash area at all times. (e) Any dog exhibiting dangerous or aggressive behavior, including but not limited to biting and fighting is prohibited from an off-leash area. (f) A female dog in heat is not allowed in an off-leash area. (g) Any person bringing a dog to an off-leash area must leash the dog when it is outside the off-leash area; and, must carry a 1 eash for each dog while inside the off-leash area. (h) Pinch and choke collars are not allowed when a do g i s o ff 1 eash i n the off-leash area. (i) A dog must be vaccinated. (j) Any person bringing a dog into an off-leash area must clean up feces after the dog,. deposit feces in the containers at the off-leash site, and visibly carry equipment for removing feces. (k) Any children less than 16 years of age in the off-leash area must be accompanied by a parent or guardian. (1) No glass containers or alcohol allowed in an off leash area. (m)Bicycles, skateboards, and other w heeled items are p rohibited i nside an off-leash area. 5.04.050 Enforcement Power (1) The Director or his/her designee are authorized to take such lawful action as may be required to enforce the provisions of this chapter and chapter 5.12 of the Spokane County Code and chapters 16.08, 16.52 and 16.54 of the Revised Code of Washington. SCC 5.04 16 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE (2) The Director or his/her designee, unless authorized by the owner or person entitled to possession thereof, s hall not enter private dwellings which are not 1 icensed as either commercial or private kennels unless a proper warrant has b een i ssued upon a showing that the Director or hi s/her designee has reasonable cause to believe that there is a violation of this chapter or chapter 5.12 of the Spokane County Code or chapters 16.08, 16.52 or 16.54, Revised Code of Washington. The Director or his/her designee, while pursuing any dog observed by the officer to be in violation of this chapter, or during investigation for unlicensed dogs, may enter upon any public or private property, except any private dwellings which are not licensed as either commercial or private kennels, for the purpose of abating the dog violation being investigated. (3) No pe rson s hall de ny, prevent, obs truct or attempt t o de ny, p revent or obs truct t he Director or his/her designee from pursuing any animal observed to be in violation of this chapter or chapter 5.12 of the Spokane County Code and chapters 16.08, 16.52 or 16.54 of the Revised Code of Washington. N o person shall fail or neglect, after a proper warrant has been presented, to properly permit the Director or his/her designee to enter private property or private dwelling homes to perform any duty imposed by this chapter or chapter 5.12 of the Spokane County Code or chapters 16.08, 16.52 or 16.54 of the Revised Code of Washington. 5.04.060 Impounding of dogs—Notice of owner or keeper—Redemption—Fee. (1) The Director or hi s/her de signee m ay i mpound a ny do g(s) doi ng a ny oft he a cts prohibited b y S pokane County C ode, or de termined t o be i n da nger of be ing s ubjected t o c reel treatment as defined by this chapter and/or chapter 16.52 RCW or when the dog is found to be sick, injured or dead. (2) The D irector or hi s/her designee upon i mpounding of a do g s hall r ecord t he br eed, color, and sex of the and whether or not i s wearing a current license tag. If currently licensed, the Director or hi s/her designee s hall also record the name and address of the owner or keeper and the number of the license tag. If the dog i s not returned to its owner or keeper, the Director or hi s/her designee shall notify the owner or keeper either by mail or telephone or personal notice that the dog has been impounded and where it may be redeemed. Any dog identified as currently licensed and deg impounded pursuant t o t his c hapter_shall be held for the ow ner or ke eper for a t 1 east one hundred twenty (120) hours from the time of impoundment. Any unlicensed dog shall be held for the owner or keeper at least seventy-two (72) hours from the time of impoundment. (3) Any dog not redeemed a fter t he e xpiration of t he hol ding pe riod a s pr ovided i n subsection (2) o f this section may be adopted out or humanely euthanized. All adoptions s hall be pursuant section 5.04.064. (4) Notwithstanding the holding periods referenced in sub-section (2) of this section, the Director o r hi s/her de signee m ay, i n the exercise of t heir di scretion and i n a ccordance with pol icy established b y S CRAPS, authorize any unl icensed i mpounded do g be humanely euthanized i fit i s determined the animal i s: a)feral and/or dangerous to the safety of humans or other animals, orb) suffering from serious injury or disease, or c)the designated shelter area for dogs is at capacity. (5) Any dog impounded pursuant to this section may be redeemed by owner or keeper upon payment of all redemption fees as provided in section 5.04.110. In addition, any unlicensed dogs must be licensed at the time of redemption. (6) Any dog running at large during rabies quarantine shall be immediately impounded by SCRAPS and kept at the animal shelter for the remainder of the quarantine at the owner's or keeper's expense. 5.04.064 Release for Adoption (1) The Director m ay, i n hi s or her sole di scretion, de cline t o release a n animal for a doption under any circumstances including but not limited to: SCC 5.04 17 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE (a) The prospective adoptive owner has a hi story of violations of this chapter or has been convicted of an animal-related crime; (b) The prospective adoptive owner has inadequate or inappropriate facilities for confining the animal and for providing proper care to the animal as required by this chapter, chapter 5.12 of the County Code, and the Revised Code of Washington Title 16. (c) T he ex istence of of her ci rcumstances w hich, in the op inion of t he D irector, w ould endanger the welfare of the animal or the h ealth, safety and welfare of the p eople residing in the county; or (d) The animal is classified as a dangerous dog or a potentially dangerous dog. (2) Any adoption shall be subject to the following: (a) T he a doptive ow ner s hall a gree i n w riting t o furnish pr oper care t o t he animal i n accordance with this chapter, chapter 5.12 of the County Code, and the Revised Code of Washington Title 16; (b)Payment of required fees under this chapter; and (c) All animals must be spayed/neutered as set forth in section 5.04.065 (3)N otwithstanding the requirements set forth in subsections (1) and (2) of t his section, the Director may release an animal t o an approved animal shelter or rescue/adoption agency which has agreed in writing to abide by the constraints of this section in the placement of rescue animals. 5.04.065 Adoption of Animal -- Agreement to Spay or Neuter — Sterility Fee -- Forfeiture of Animal -- Animal Care And Protection Reserve Funds Account. (1) Any dog or cat adopted from SCRAPS shall, at the direction of SCRAPS be spayed or neutered prior to adoption unless the Director or his/her designee determines in the exercise of his/her discretion that the sterilization procedure should be postponed, for a maximum of ninety days, due to the animal's age, health or other appropriate factors. (2) At the time of adoption of any dog or cat SCRAPS, a thirty-five dollar($35.00) sterility fee for dogs and a twenty-five dollar ($25.00) sterility fee for cats will be charged in addition to other fees enumerated in 5.04.030. (3) The sterility fee collected by S CRAPS from the a doption of any dog or cat w ill be deposited i nto t he A nimal C are A nd P rotection R eserve Funds a ccount of Spokane C ounty a nd restricted for use to reimburse veterinarians for the spay/neuter of adopted dogs and cats; and, if excess funds are available, at the discretion of the Director, for treatment and care of injured or sick animals impounded by SCRAPS and projects/programs/services that may benefit the people and animals in the community. (4) All persons a dopting a nimals from S CRAPS which have not be en sterilized w ill be provided with a sterility voucher which will contain space for the signature of a licensed veterinarian who performs the spaying or neutering of the animal. In addition, the person adopting will be provided a list of licensed veterinarians participating in the SCRAPS Neutering Program. In order for the person adopting to have his or her new pet spayed or neutered for no charge, the person must have their pet sterilized within ninety (90) days of purchase by a participating veterinarian. The sterility voucher shall be presented to the participating veterinarian, who shall sign and date it and return it to SCRAPS for reimbursement. If the person adopting decides t o use a veterinarian who does not participate i n the SCRAPS N eutering P rogram, they w ill be responsible for a 11 fees charged b y the nonp articipating veterinarian. Whether a participating or nonparticipating veterinarian is used, the pet must be sterilized within ninety (90) days of purchase. (5) The person adopting an animal shall be responsible for providing proof that the animal has been spayed or neutered to SCRAPS within ninety (90) days of adoption. Proof shall consist of the completed sterility voucher from a veterinarian participating in the S CRAPS Neutering Program; or where t he a nimal ha s b een s payed or ne utered b y a nonp articipating veterinarian, t he pr oof s hall SCC 5.04 18 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE consist of a written statement from the veterinarian or clinic which spayed or neutered the animal, indicating the date the animal was spayed or neutered. (6) Upon r eturn of t he s igned a nd da ted s terility vouc her b y a 1 icensed pa rticipating veterinarian to SCRAPS, the Director or his/her designee will cause the issuance of a check or warrant to the veterinarian in accordance with the then scheduled reimbursement rate. (7) Any person adopting an animal who fails to provide proof the animal adopted has been spayed or neutered shall surrender the animal to SCRAPS. (8) SCRAPS shall maintain a neutering program revolving account which will constitute a checking a ccount s et up unde r t he c ontrol of t he S CRAPS D irector t o f acilitate pa yment to participating veterinarians a fter r equired p roof of s paying/neutering or other qua lified ve terinarian services ha s be en s ubmitted. V eterinarians m ay also be r eimbursed t hrough t he c ounty vouc her payment system. (9) The neutering program revolving account shall be balanced and reimbursed by county warrant a t 1 east m onthly; reimbursement vouc hers s hall ha ve s terility voucher or of her qua lified veterinarian service receipts attached. The receipts will be charged to the Animal Care And Protection Reserve Funds account of Spokane County. 5.04.066 Impounding of Cats--Notice to Owner or Keeper—Redemption. (1) The D irector o r hi s/her de signee m ay i mpound a ny c at(s) doi ng a ny oft he a cts prohibited b y Spokane County C ode, i f the cat is in danger of being subjected to cruel treatment as defined b y this chapter and/or chapter 16.52 R CW or when the c at i s found to be sick, injured, or dead. (2) The Director or his/her designee upon the impounding of a cat shall record the breed, color and s ex of the cat, and whether o r not the cat i s wearing a current license tag. I f currently licensed, the Director or his/her designee shall also record the name and address of the owner or keeper and number of the license tag. If the cat is not returned to its licensed owner or keeper, the Director or his/her designee shall notify the cat's owner or keeper either by mail, or telephone, or personal notice that t he c at ha s be en i mpounded and w here i t m ay be r edeemed. Any cat id entified as currently licensed eff.t and impounded pursuant to this chapter shall be held for the owner or keeper for at least one hundred twenty (120) hours from the time of impoundment. The length of time an unlicensed cat is to be held depends on the temperament of the animal, if the animal is sick or injured, space available in the animal shelter and whether placement through adoption is available. (3) Any cat(s) not r edeemed a fter t he e xpiration of t he hol ding pe riod as pr ovided i n subsection (2) of this section may be adopted out or humanely euthanized. All cats adopted out shall be pursuant to 5.04.064. (4) Notwithstanding the holding periods referenced in sub-section (2) of this section, the Director o r hi s/her de signee m ay, i n the exercise of t heir di scretion and i n a ccordance with pol icy established by S CRAPS, authorize any impounded cat be humanely euthanized if they determine the animal is: a)feral and/or dangerous to the safety of humans or other animals, b) suffering from serious injury or disease, or c)the designated shelter area for cats is at capacity. (5) Any cat impounded pursuant to this section may be redeemed by the owner or keeper upon payment of all redemption fees as provided in section 5.04.110. In addition, any unlicensed cats must be licensed at the time of redemption. (6) Any cat running at large during rabies quarantine shall b e immediately impounded b y SCRAPS and kept at the animal shelter for the remainder of the quarantine at the owner's or keeper's expense. 5.04.067 Control of cats. SCC 5.04 19 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE The following cat control regulations are police regulations designed to protect public health and safety. The owner or keeper of a cat i s strictly 1 iable t o control hi s/her cat or cats as required herein. This means that the penalty for violation of these regulations is imposed without regard to any wrongful intention of the violator. It is unlawful for the owner or keeper of a cat or cats to violate any of the following regulations. The owner or keeper of a cat or cats shall prevent said cats from: (1) Being accessible t o of her c ats, w hile i n h eat, for pur poses of her than controlled or planned breeding; (2) Running at large when the cat has not been neutered or spayed, and the cat i s six (6) months of age or older; (3) Being k ept, ha rbored or m aintained and known t o have a c ontagious d isease unl ess under the treatment of a licensed veterinarian, and appropriately isolated to protect the public and other animals; (4) Being on private property without the permission of the property owner or the person entitled to possession of the property. (5)Exhibiting vicious propensities; and (6)Entering any place where food is stored, prepared, served or sold to the public or any public building or hall; provided, that this section shall not apply to any trained service cat; to veterinarian offices or hospitals; or to exhibitions or organized cat shows. 5.04.070 Control of dogs. The following dog control regulations are police regulations designed to protect public health and safety. The owner or keeper of a dog is strictly liable to control his or her dog or dogs as required herein. This means that the penalty for violation of these regulations is imposed without regard to any wrongful intention of the violator. It is unlawful for the owner or keeper of a dog or dogs to violate any of the following regulations. The owner or keeper of a dog or dogs shall prevent said dogs from: (1)Running at large in Spokane County, whether licensed or not; provided, that this subsection shall not: a)prohibit a person from walking or exercising a dog in public when such dog is on a leash, tether or chain not to exceed eight feet in length; and, b) prohibit a person from having a dog off-leash in a n area de signated pursuant t o s ection 5.0 4.045(1) a s a n of f-leash area p rovided that t he requirements of section 5.04.045(2) are met; (2) Entering any place where food is stored, prepared, served or sold to the public or any public building or ha 11; provided, t hat t his s ubsection s hall not a pply t o a ny do g guide or t rained service animal; to veterinarian offices or hospitals; or to dog exhibitions or organized dog training classes or to dogs used by armored car services or law enforcement agencies; (3) Being accessible to other animals, while in heat, for purposes other than controlled or planned breeding; (4) Chasing, running after or jumping at vehicles using public streets and alleys; (5) Snapping, growling, snarling, barking in a threatening manner,jumping upon, chasing or otherwise threatening persons or animals; (6) Exhibiting vicious propensities; (7) Howling, yelling, whining or barking or making other oral noises in such a manner as to disturb any person or groups of persons to an unreasonable degree; (8)Being kept, harbored or maintained and known to have a contagious disease unless under the treatment of a licensed veterinarian and appropriately isolated to protect the public and other animals; (9)Running in packs; provided, for the purpose of this section "packs" means dogs in groups of three or more; (10)Running at large when the dog has not been neutered or spayed, and the dog is six months of age or older; SCC 5.04 2 0 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE (11) A dog declared a potentially dangerous shall not be at running at large or off the owner or keeper's property, unless it is on a leash and under physical restraint of a responsible person. (12) A dog declared a dangerous dog shall not be running at large or outside a proper enclosure, unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The m uzzle s hall be m ade in a m anner t hat w ill n of c ause injury t o the d og or interfere with its vision or respiration but shall prevent it from biting any person or animal. 5.04.071 Violations as Infractions--Exceptions. Failure to perform any act required by this chapter or the performance of any act prohibited by this chapter i s designated as an infraction and may not b e classified as a criminal offense, except the following violations shall be classified as: (1) MISDEMEANORS: (a) Section 5.04.030 f44 falsely r epresenting dog or cat as s payed/neutered o r nonspayed/nonneutered; (b) Sections 5.04.032(3) and 5.04.033 (7) , failure t o a bide b y c onditions i mposed on potentially dangerous dogs; (c) Section 5.04.040, theft or misuse of license tags. (d) Section 5.04.042(7), operating an unlicensed commercial kennel; (e) Section 5.04.043(7), operating an unlicensed private kennel; (f) Section 5.04.045(2)(e), allowing a dog to exhibit dangerous or aggressive behavior in a designated off-leash area; (g) Section 5.04.045(2)(f), allowing a female dog in heat in a designated off-leash area; (h) Section 5.04.067(5), cats exhibiting vicious propensities which constitute a danger to persons or domestic animals; (i) Section 5.04.070(6), dogs exhibiting vicious propensities which constitute a danger to persons or animals; (j) Section 5.04.070(11), potentially dangerous dog at large; EjAk1 Section 5.04.079(1), failure to sign a promise to appear; Section 5.04.0791, failure to identify—person receiving notice; (1)(m) Section 5.04.0792, failure to obey an officer; { }(n) Section 5.04.120(3), interference with lawful euthanasia. (n)fo) Section 5.04.150, failure to report striking domestic animal with motor vehicle; (e)(p) Section 5.04.160, failure to report animal bites; and (Ff0fal The third or s ubsequent vi olation of a ny pr ovision c onstituting a n i nfraction of t his chapter w ithin a tw elve-month pe riod. F or pu rposes of t his s ubsection, a t hird or subsequent violation within a twelve-month period is determined according to the date of the offense for which an infraction, citation or complaint has been issued, regardless of whether the court has deemed the violation to have been committed,provided, that a finding by the court that the prior infraction was not committed shall render the prior violation not countable toward the third or subsequent violation; (2) GROSS MISDEMEANORS: (a) Section 5.04.035, failure to comply with dangerous dog registration and ownership requirements; (b) Section 5.04.045(2)(b), prohibited dog in dog park; and (c) Section 5.04.070(12), dangerous dog at large. 5.04.072 Notice of Infraction--Issuance. SCC 5.04 21 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE (1) The D irector and Animal P rotection Officer s hall be specially com missioned by the County S heriff to i ssue a notice of infraction if committed in their presence or if after investigation they h ave reasonable c ause t o believe t hat t he ow ner or ke eper o fan ani mal ha s com mitted an infraction. (2) The court may i ssue a notice of i nfraction upon receipt o f a written statement of the Director or his/her designee that there is reasonable cause to believe that an infraction was committed. 5.04.073 Notice of Infraction--Determination Final Unless Contested--Form. (1) A notice of infraction represents a determination that an infraction has been committed. The determination will be final unless contested as provided in this chapter. (2) The notice of infraction shall include the following: (a) A s tatement t hat t he n otice r epresents a de termination that an infraction has be en committed by the person named in the notice and that the determination shall be final unless contested as provided in this chapter; (b) A statement that an infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction; (c) A statement of the specific infraction for which the notice was issued; (d) A statement of the monetary penalty established for the infraction; (e) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options; (f) A statement that at any hearing to contest the determination, the county has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and that the person may subpoena witnesses including the officer who issued the notice of infraction; (g) A s tatement that at a ny he aring r equested for t he pur pose of explaining mitig ating circumstances s urrounding t he c ommission of t he i nfraction, t he pe rson w ill be de emed t o h ave committed the infraction and may not subpoena witnesses; (h) A statement that the person must respond to the notice as provided in this chapter within fifteen (15) days; (i) A s tatement which the person s hall s ign t hat the pe rson pr omises t o r espond t o the notice of infraction in one of the ways provided in this chapter; and (j ) A statement that failure to respond to the notice of infraction or a failure to appear at a hearing requested for the pur pose of c ontesting the de termination or for the pur pose of explaining mitigating circumstances w ill result in a de fault judg ment a gainst the person i n the a mount of the penalty. 5.04.074 Response to Notice of Infraction--Contesting Determination--Hearing-- Failure to Respond or Appear. (1) Any person who receives a notice of infraction shall respond to such notice as provided in this section within fifteen (15) days of the date of the notice. (2) If t he pe rson de termined t o ha ve committed t he i nfraction do es n of c ontest t he determination, t he pe rson s hall r espond b y c ompleting t he a ppropriate por tion of t he not ice of infraction and submitting it, either by mail or in person, to the court specified on the notice. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered in the court's records. (3) If t he p erson de termined t o ha ve c ommitted t he i nfraction w ishes t o c ontest t he determination, the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the court specified on the notice. The court SCC 5.04 22 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE shall notify the person in writing of the time, place and date of the hearing, and that date shall not be sooner than seven (7) days from the date of the notice, except by agreement. (4) If t he pe rson de termined t o ha ve committed t he i nfraction do es n of c ontest t he determination but wishes t o explain mitigating circumstances surrounding the i nfraction, the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either b y m ail or i n person, t o the court specified on the notice. The court shall notify the person in writing of the time, place and date of the hearing. (5) The court shall enter a de fault j udgment assessing the monetary penalty prescribed for the infraction and may notify the prosecuting attorney of the failure to respond to the notice of civil infraction or to appear at a requested hearing if any person issued a notice of infraction: (a) Fails to respond to the notice of infraction as provided in subsection (1) or(2) of this section; or (b) Fails to appear at a hearing requested pursuant to subsection (3) or(4) of this section. 5.04.075 Hearings -- Infraction--Rules of Procedure--Counsel. (1) Procedures for the conduct of all infraction hearings provided for in this chapter shall be in accordance with the Infraction Rules for Courts of Limited Jurisdiction. (2) Any person subject to proceedings under this chapter may be represented by counsel. 5.04.076 Hearings --Contesting Determination that Infraction Committed--Appeal. (1) A he aring held for the purpose of contesting the determination that an i nfraction ha s been committed shall be without a jury. (2) The court may consider the notice of infraction and any other written report made under oath submitted by the officer who issued the notice or whose written statement was the basis for the issuance of the notice in lieu of the officer's personal appearance at the hearing. The person named in the notice may subpoena witnesses, including the officer, and has the right to present evidence and examine witnesses present in court. (3) In t he e vent t he de fendant c ontests a ny i nfraction, t he bur den o f pr oof i s upon t he county to establish the commission of the infraction by a preponderance of the evidence. (4) After consideration of the evidence and argument the court shall determine whether the infraction was committed. Where it ha s not been established that the infraction was committed, an order dismissing the notice shall be entered in the court's records. Where it has been established that the infraction was committed, an appropriate order shall be entered in the court's records. (5) An appeal from the court's determination or order shall be to the superior court. The decision of the superior court is subject only to discretionary review pursuant to Rule 2.3 of the Rules of Appellate Procedure. 5.04.077 Hearings—Infraction--Explanation of Mitigating Circumstances. (1) A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an i nfraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that an infraction has been committed may not be contested at a hearing held for the purpose of explaining mitigating circumstances. (2) After t he c ourt ha s he and t he e xplanation of t he c ircumstances s urrounding t he commission of the infraction, an appropriate order shall be entered in the court's records. (3) There m ay b e no a ppeal from t he court's de termination or o rder a t a he aring on mitigation. 5.04.078 Order of Court—Infraction--Civil Nature -- Waiver, Reduction Suspension of Penalty-- Restitution. SCC 5.04 23 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE (1) An or der entered after t he r eceipt of a r esponse w hich doe s not c ontest t he determination or after it has been established at a hearing that the infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances is civil in nature. (2) The c ourt m ay i nclude i n the or der the i mposition of any p enalty authorized b y the provisions of this chapter for the commission of an infraction. The court may, in its discretion, waive, reduce, or suspend the monetary penalty prescribed for the infraction. (3) The c ourt m ay or der a pe rson found t o have c ommitted a c ivil i nfraction t o m ake restitution. 5.04.079 Failure to sign -- Failure to satisfy penalty. (1) I t i s a misdemeanor for any pe rson who has been personally served with a notice o f criminal c itation or a c ivil i nfraction, a s pr ovided b y S pokane C ounty District C ourt r ule, a s i t presently exists or as may be hereinafter amended, to refuse to sign a written promise to respond to the notice. (2) A person who willfully fails to pay a monetary penalty or to perform community service as required by a court under this chapter may b e found in civil contempt of court as provided for in chapter 7.21 RCW. 5.04.0791 Person receiving notice--Identification and detention. (1) A person who is to receive a notice of infraction or a criminal citation under this chapter or chapter 5.12 o f the Spokane County C ode or chapters 16.08, 16.52 o r 16.54 R CW i s required to identify himself or herself to the Director, Animal Protection Officer, or a sheriff's deputy by giving his or her name, address, and date of birth and upon request shall produce reasonable identification, including a driver's license or identicard. (2) A person who i s un able or unwilling t o reasonably i dentify himself or herself t o the Director, Animal P rotection O fficer, or a sheriff's deputy maybe detained for a period of time not longer than is reasonably necessary to identify the person for purposes of issuing a notice of infraction or citation. (3) Willful f ailure to identify, following a 1 awful r equest and er t his section i s a misdemeanor. 5.04.0792 Failure to Obey Instructions of an Officer A pe rson i s required t o s top w hen requested or s ignaled t o do s o b y t he D irector, A nimal Protection Officer, or of a sheriff's deputy in the enforcement of this chapter or chapter 5.12 of the Spokane County Code or chapters 16.08, 16.52 or 16.54 RCW. Any person who willfully violates this section is guilty of a misdemeanor. 5.04.090 Animal Control Director or Animal Protection Officer--Issuance of Criminal Citation. The Director or hi s/her designee shall be specially commissioned b y the county sheriff as a deputy for the pur pose of enforcing any provision of t his chapter or chapter 5.12 of the S pokane County Code or chapters 16.08, 16.52 or 16.54 RCW and shall have the authority to issue infractions, and c riminal c itations and m ake a rrests w here the D irector or hi s/her designee ha s i nformation t o support a reasonable belief t hat the owner, handler, or keeper of the animal is in violation of any sections constituting a misdemeanor or gross misdemeanor. 5.04.110 Redemption Procedures. (1) Any dog impounded pursuant to the provisions of this chapter or chapter 5.12 of the Spokane County Code or chapters 16.08, 16.52 o r 16.54 RCW may, subsequent to the satisfaction of SCC 5.04 24 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE all conditions for release, be redeemed upon p ayment of any fees and penalties due and owing, any recoverable expenses i ncurred b y S CRAPS and proof of a current 1 icense; and, proof of a current rabies vaccination or written agreement to present such proof within 30 days. The redemption fee for a dog shall be twenty-five dollars ($25.00) for each dog plus an additional fee of ten dollars ($10.00) for each twenty-four-hour period or portion thereof during which such dog is retained by the impounding agency. Provided, that the redemption fee for a dog redeemed a second or a third time in any twelve- month period shall be thirty-five dollars ($35.00) and fifty-five dollars ($55.00)respectively, plus an additional fee of ten dollars ($10.00) for each twenty-four-hour period or portion thereof during which such dog is retained by the impounding agency. Provided further, the Director or his/her designee for good cause at his/her discretion may waive and/or reduce the redemption fee. (2) Any cat i mpounded pur suant t o the provisions of this chapter or chapter 5.12 of the Spokane County Code or chapters 16.08, 16.52 o r 16.54 RCW may, subsequent to the satisfaction of all conditions for release, be redeemed upon payment of the any fees and penalties due and owing, any recoverable expenses i ncurred b y S CRAPS a nd pr oof of c urrent 1 icense a nd r abies va ccination presented. T he redemption fee for a cat shall be twenty-five dollars ($25.00)for each cat, plus an additional fee of ten dollars ($10.00)for each twenty-four(24) hour period or portion thereof during which such cat i s retained b y the i mpounding a gency. P rovided, that the redemption fee for a cat redeemed a second or third time in any twelve (12) month period shall be thirty-five dollars ($35.00) and fifty-five dollars ($55.00)respectively; plus an additional fee of ten dollars ($10.00)) for each twenty-four(24) hour period or portion thereof during which such cat i s retained by the impounding agency. P rovided further, the Director or hi s/her designee for good cause at hi s/her di scretion may waive and/or reduce the redemption fee. (3) Recoverable expenses incurred include but are not 1 imited to Trip fees of twenty-five dollars ($25.00)for a r egular response and fifty-dollars ($ 50.00)for a n emergency response; a nd, reasonable veterinary expenses incurred by SCRAPS. (4) All fees and expenses payable under this section shall be made payable to SCRAPS. 5.04.120 Destruction of Vicious and Dangerous Dogs. (1) The owner or keeper of any dog having vicious propensities as defined in this chapter may be ordered t o turn the dog over t o S CRAPS for di sposal b y means of euthanasia by aj udicial officer o f t he di strict c ourt upon t he ow ner's or ke eper's c onviction of a ny vi olation of s ection 5.04.070(6). (2) Any dog declared a dangerous dog that has failed to receive a certificate of registration shall be euthanized as provided for in section 5.04.032(4) and (5). (3) Any owner or ke eper o f a do g t o b e de stroyed by means of eut hanasia u nder t his chapter, chapter 5.12 of the County Code, and chapters 16.08, 16.52, and 16.54 RCW has twenty-four (24) hours from notification t o turn the dog over t o the S CRAPS shelter for di sposal b y means of euthanasia; w illful int erference w ith the la wful d isposal of a dog pu rsuant t o t his s ection i s a misdemeanor. 5.04.130 Penalties (1) The m aximum penalty for the vi olation of any p rovision of t his chapter constituting an infraction other than section 5.04.030 relating to failure to obtain animal licenses shall be the amount established unde r the Infraction Rules for C ourts of Limited Juri sdiction s ection IRLJ 6.2(b) for unscheduled infractions as it now exists or i s hereafter amended for the first infraction and the same amount plus twenty-five dollars for the second infraction committed within a twelve-month period. In addition, the court may impose any applicable statutory assessments. (2) Any person, in addition to any other penalties provided by this chapter, found in violation of any provisions or any amendments thereto which are designated as misdemeanors shall be punished SCC 5.04 25 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE by a fine of not more than one thousand dollars or by imprisonment in the county jail for not more than ninety (90) days or by both such fine and imprisonment; or if designated as a gross misdemeanor shall be punished by a fine of not more than five thousand dollars ($5,000,00) or by imprisonment in the county jail for not more than 365 days, or by both such fine and imprisonment. (3) The penalties for violation of section 5.04.030 other than section 5.04.030{4 shall be two hundred dollars ($200.00) per violation. Provided, however, the district court judges by local court rule or general order may allow for a reduction in said sum by way of mitigation or where a license is obtained or renewed within ten calendar days of the issuance of an infraction. 5.04.131 Violation as constituting a public nuisance. In addition to the foregoing remedies, the repeat violation of any provisions of this chapter after official notice of the violation s hall constitute a public nui sance and may be abated i n any manner authorized by RCW Chapters 7.48 and 9.66. 5.04.140 Fee Setting Authority. SCRAPS' is granted the authority to set a schedule of fees not otherwise established reasonably related to fulfilling its responsibilities under this chapter. This shall be construed consistently with all local Spokane County district court rules and general orders on the subject involving the failure t o license dogs or cats as set forth in sections 5.04.030 and 5.04.031 hereof. Fee schedules shall be posted at the SCRAPS shelter and on the SCRAPS Spokane County web site. 5.04.150 Duty When Striking Domestic Animal with Motor Vehicle. Any person who, while operating a motor vehicle, strikes a domestic animal in Spokane County shall stop at once, render reasonable assistance, and shall immediately report such injury or death to the ani mal's owner. In the event the owner o f s aid animal cannot b e ascertained and 1 ocated, such person shall at once report the accident to the SCRAPS or other law enforcement agency with authority in t he j urisdiction. T his s ection s hall i n no w ay be construed a s requiring the p erson striking the animal with a motor vehicle t o be financially responsible for any i njury or death of the animal. A person who willfully violates this section shall be guilty of a misdemeanor. 5.04.160 Animal Bites to be Reported. Every animal which bites a person shall be promptly reported to SCRAPS and shall thereupon be securely quarantined at the di rection of S CRAPS for a period of ten days. A t the di scretion of SCRAPS, such quarantine may b e on t he premises of the owner or keeper, at the Spokane C ounty Animal S helter, or a t t he ow ner's or ke eper's o ption a nd e xpense, i n a ve ternary hos pital of t he owner's or keeper's choice. In the cases of animals whose ownership is not known, such quarantine shall be at the Spokane County Animal Shelter or a veterinary hospital. If the animal is quarantined at Spokane C ounty Animal S helter t he o wner or keeper o f t he ani mal s hall be ch arged ten-dollars ($10.00)for each twenty-four(24) hour period or portion thereof. Any owner or keeper of an animal who knowingly violates this section shall be guilty of a misdemeanor. 5.04.170 Spaying and neutering Services. (1) Four dollars ($4.00) of every dog and cat license shall be set aside each year to be used y for the purpose o f i mplementing a spaying and neutering program of 1 icensed dogs and cats residing within the unincorporated areas of Spokane County and any jurisdictions under contract for SCRAPS s ervices t hat have adopt ed this cha pter b y r eference. T he Director s hall de velop and maintain a s paying and neutering program which shall determine the requirements for eligibility to SCC 5.04 2 6 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE participate in the program; and may utilize excess funds for SCRAPS projects/programs/services that are deemed to benefit the people and animals of the community. (2) Spaying and neutering of licensed dogs and cats under this section shall be voluntary with the animal's owner or keeper. 5.04.900 Severability. If any por tion of t his c hapter i s he ld i nvalid, i ti s the i ntent of t he boa rd of c ounty commissioners that such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this chapter. 5.04.910 Effective Date--Preservation of Existing Cases. Resolution No. 7 0971 shall take effect on January 1, 240-g 2010 at 12.01 a.m. All cases filed and offenses committed prior to the effective date of this resolution are deemed preserved in accordance with section 10.01.040 RCW, and shall be governed by chapter 5.04 as it existed prior to January 1, 24082010. SCC 5.04 27 Effective 1-1-2010 Spokane Valley Municipal Code 7.30 Chapter 7.30 ANIMAL REGULATIONS Sections: 7.30.010 Animal control regulations. 7.30.020 Copy to be available. 7.30.030 Repealed. 7.30.035 Declaration of dangerous dog determination —Appeals relating thereto. 7.30.040 Declaration of potentially dangerous dog determination —Appeals relating thereto. 7.30.045 Registration of dangerous dogs — Requirements —Annual fee. 7.30.010 Animal control regulations. A. Pursuant to RCW 35A.11.020 and 35A.12.140, the City of Spokane Valley adopts by reference Chapter 5.04, entitled "Dogs and Cats," and Chapter 5.12, entitled "Inherently Dangerous Mammals/Reptiles," of the Spokane County Code as now in effect and as subsequently amended as the animal control regulations for the City of Spokane Valley, except as specifically set forth in SVMC 7.30.035 relating to appeals of decisions of whether a dog is dangerous, and except as specifically set forth in SVMC 7.30.040 relating to appeals of decisions of whether a dog is potentially dangerous, and except as specifically set forth in SVMC 7.30.045 relating to registration of dangerous dogs, and repealing the City's adoption of Spokane County Code Sections 5.04.032, 5.04.033 and 5.04.035; any reference to "Spokane County" in Chapters 5.04 and 5.12 of the Spokane County Code shall be construed to refer to the City of Spokane Valley. B. Pursuant to RCW 35A.11.020 and 35A.12.140, the City of Spokane Valley adopts by reference Section 5.04.031 of the Spokane County Code, entitled "Cat License — Required," as now in effect and subsequently amended. Any reference to "Spokane County" shall be construed to refer to Spokane Valley. (Ord. 07-003 § 2, 2007; Ord. 56-Al § 1, 2003; Ord. 56 § 1, 2003). 7.30.020 Copy to be available. One copy of Chapters 5.04 and 5.12 of the Spokane County Code shall be available in the office of the city clerk for use, inspection and copying by the public. (Ord. 56 § 3, 2003). 7.30.030 Reference to hearing bodies. Repealed by Ord. 07-003. (Ord. 56 § 4, 2003). 7.30.035 Declaration of dangerous dog determination —Appeals relating thereto. A. When the animal control director or designee has sufficient information to determine that a dog is dangerous as defined by Spokane County Code Section 5.04.020, the animal control director or designee shall make a preliminary declaration that the dog is dangerous. In the event a preliminary determination is made that the dog is dangerous, animal control shall notify the dog owner or keeper in writing, either by personal delivery, or by regular mail and certified mail, return receipt requested. Any notice or determination mailed pursuant to this section shall be deemed received by the party to which it is addressed on the third day after it is placed in the mail, as set forth by declaration of the sender. B. The notice must state: 1. The statutory basis for the proposed action; Spokane Valley Municipal Code 7.30 2. A description of the dog for which the declaration is sought (breed, color, sex and license number, if any); 3. The reasons the animal control director or designee considers the animal dangerous; 4. If the dog has been determined to be dangerous, then the controls stated in SVMC 7.30.045 shall apply; and 5. An explanation of the owner's or keeper's rights and the proper procedure for appealing a declaration that a dog is dangerous, including an appeal form. C. Administrative Review After Preliminary Administrative Determination. 1. Preliminary Determination of Dangerous Dog. Prior to the animal control director or designee issuing a final determination that a dog is dangerous, the animal control director or designee shall notify the owner or keeper in writing that he or she is entitled to an opportunity to meet with the animal control director or designee, at which administrative review meeting the owner or keeper may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous. The notice shall state the date, time, and location of the administrative review meeting, which shall occur prior to the expiration of 15 calendar days following receipt of the notice. The owner or keeper may propose an alternative meeting date and time, but such administrative review meeting shall occur within the 15-day time period set forth in this section, and shall be on a date and time acceptable to the animal control director or designee. 2. After such administrative review meeting, the animal control director or designee shall issue a final determination, in the form of a written order, within 15 calendar days of the administrative review meeting. In the event the animal control director or designee declares a dog to be dangerous, the order shall include a recital of the authority for the action, a brief concise statement of the facts that support the determination, and the signature of the person who made the determination. 3. An order declaring a dog is dangerous shall be delivered to the dog owner or keeper in writing either by personal delivery, or by regular mail and certified mail, return receipt requested. D. Any dog that is declared dangerous by the animal control director or designee, whether preliminary or final, shall be immediately impounded until the owner or keeper registers the dog as dangerous in accordance with SVMC 7.30.045. The owner or keeper will have 15 days from the date the dog was declared dangerous to register the dog or appeal the determination pursuant to subsection F of this section. If the owner or keeper fails to register the dog or appeal the determination, the dog will be euthanized at the direction of the animal control director or designee. If the owner or keeper appeals the dangerous dog declaration, as set forth in subsection F of this section, the dog will be held pending the outcome of the appeal at the shelter at the owner's expense at a rate established by the animal control authority. E. The owner or keeper of a dog subject to a declaration that their dog is dangerous may appeal the final written determination to the hearing examiner within 15 days after issuance of the decision by filing a notice of appeal with the animal control authority. The hearing examiner may adopt appropriate hearing procedures where procedures are not otherwise provided herein. The hearing shall be held within 20 days after receipt of the notice of appeal, unless it is continued for good cause shown. The animal control director or designee shall notify the owner or keeper in writing of the date, time and location of the appeal hearing before the hearing examiner, and said notice shall be received at least five days before the hearing. The appeal hearing shall be recorded, and the hearing examiner Spokane Valley Municipal Code 7.30 may allow testimony and documents that are relevant to the administrative determination that the dog is dangerous. The owner or keeper of the dog may require, by at least two days' written notice, for the officer compiling the record to be present at the hearing. The owner or keeper of the dog may present evidence and examine witnesses present. The burden shall be on the animal control director to establish by a preponderance of the evidence that the dog is a dangerous dog. F. The hearing examiner shall issue a written decision, and mail a copy of the decision to the dog owner or keeper, and to the animal control director or designee, within 15 days of the appeal hearing. The hearing examiner's decision shall accept, reject or modify the administrative determination that a dog is dangerous, and shall include findings of fact and conclusions of law that support the decision. The hearing examiner may modify the determination that a dog is dangerous to a determination that the dog is potentially dangerous, if the facts warrant, and impose any of the requirements set forth in SVMC 7.30.040(D). The decision shall be given the effect of a final decision by the city council, and shall state that the decision may be appealed to superior court pursuant to Chapter 7.16 RCW within 20 days from the date the decision was received. If the decision upholds the administrative determination that a dog is dangerous, and the dog owner or keeper fails to timely register the dog or appeal the decision to superior court, the dog will be euthanized at the direction of the animal control director or designee. If the dog owner or keeper timely appeals the dangerous dog declaration, the dog will be held pending the outcome of the appeal at the shelter at the owner's expense, at a rate established by the animal control authority. (Ord. 08-001 § 2, 2008; Ord. 07-003 § 4, 2007). 7.30.040 Declaration of potentially dangerous dog determination —Appeals relating thereto. A. When the animal control director or designee has sufficient information to determine that a dog is potentially dangerous as defined by Spokane County Code Section 5.04.020, the animal control director or designee shall make a preliminary declaration that the dog is potentially dangerous. In the event a preliminary determination is made that the dog is potentially dangerous, animal control shall notify the dog owner or keeper in writing, either by personal delivery, or by regular mail. Any notice or determination mailed pursuant to this section shall be deemed received by the party to which it is addressed on the third day after it is placed in the mail, as set forth by declaration of the sender. B. The notice must state: 1. The statutory basis for the proposed action; 2. A description of the dog for which the declaration is sought (breed, color, sex and license number, if any); 3. The reasons the animal control director or designee considers the animal potentially dangerous; 4. A statement that the registration and controls set forth in subsection D of this section may apply; 5. An explanation of the owner's or keeper's opportunity and right, pursuant to subsection (C)(1) of this section, to participate in an administrative review with the animal control director or designee to present information on why the dog should not be declared potentially dangerous; 6. A statement, pursuant to subsection (C)(2) of this section, that a failure by the dog owner or keeper to request and attend an administrative review with the animal control Spokane Valley Municipal Code 7.30 director or designee shall constitute a failure to exhaust all administrative remedies, and that such failure to exhaust all administrative remedies shall preclude any appeal of the administrative determination to the hearing examiner or to court; and 7. An explanation of the owner's or keeper's rights and the proper procedure for appealing a declaration that a dog is potentially dangerous, including an appeal form. C. Administrative Review After Preliminary Administrative Determination. 1. Preliminary Determination of Potentially Dangerous Dog. Prior to the animal control director or designee issuing a final determination that a dog is potentially dangerous, the animal control director or designee shall notify the owner or keeper in writing that he or she may request in writing to meet with the animal control director or designee for an administrative review meeting within 15 calendar days following receipt of the notice, at which administrative review meeting the owner or keeper may give, orally or in writing, any reasons or information as to why the dog should not be declared potentially dangerous. Once an administrative review meeting is requested in writing by the owner or keeper, the animal control director or designee shall provide written notice to the owner or keeper of the date, time and place of the administrative review meeting. Administrative review meetings may be conducted telephonically. 2. A failure by the dog owner or keeper to request and attend an administrative review meeting with the animal control director or designee shall constitute a failure to exhaust all administrative remedies, and such failure to exhaust all administrative remedies shall preclude any appeal of the administrative determination to the hearing examiner or to court. 3. After such administrative review meeting, the animal control director or designee shall issue a final determination, in the form of a written order, within 15 calendar days of the administrative review meeting. In the event the animal control director or designee declares a dog to be potentially dangerous, the order shall include a recital of the authority for the action, a brief concise statement of the facts that support the determination, and the signature of the person who made the determination. 4. An order determining a dog is potentially dangerous shall be delivered to the dog owner or keeper in writing, either by personal delivery or by regular mail. D. The owner or keeper of a dog determined to be potentially dangerous under this chapter shall comply with certain requirements, which may include, but are not limited to, the following: 1. Erection of new or additional fencing to keep the dog within the owner's or keeper's property; 2. Construction of a dog run consistent with the size of the dog within which the dog must be kept; 3. Microchip identification, as set forth in Spokane County Code Section 5.04.036; 4. Keeping the dog on a leash adequate to control the dog or securely fastened to a secure object when left unattended; 5. Keeping the dog indoors at all times, except when on a leash adequate to control the dog and under the actual physical control of a competent person at least 15 years of age; and 6. The posting of the premises with at least one clearly visible warning sign that there is a potentially dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a potentially dangerous dog. E. The owner or keeper of a dog subject to a declaration that their dog is potentially dangerous may appeal the final written determination to the hearing examiner within 15 Spokane Valley Municipal Code 7.30 days after issuance of the decision by filing a notice of appeal with the animal control authority, subject to the limitation stated in subsection C of this section. The hearing examiner may adopt appropriate hearing procedures where procedures are not otherwise provided herein. The hearing shall be held within 20 days after receipt of the notice of appeal, unless it is continued for good cause shown. The animal control director or designee shall notify the owner or keeper in writing of the date, time and location of the appeal hearing before the hearing examiner, and said notice shall be received at least five days before the hearing. The appeal hearing shall be recorded, and the hearing examiner may allow testimony and documents that are relevant to the administrative determination that the dog is potentially dangerous. The owner or keeper of the dog may require, by at least two days' written notice, for the officer compiling the record to be present at the hearing. The owner or keeper of the dog may present evidence and examine witnesses present. The burden shall be on the Spokane County animal control director to establish by a preponderance of the evidence that the dog is a potentially dangerous dog. F. The hearing examiner shall issue a written decision, and mail a copy of the decision to the dog owner or keeper, and to the animal control director or designee, within 15 days of the appeal hearing. The hearing examiner's decision shall accept, reject or modify the administrative determination that a dog is potentially dangerous, and shall include findings of fact and conclusions of law that support the decision. The decision shall be given the effect of a final decision by the city council, and shall state that the decision may be appealed to superior court pursuant to Chapter 7.16 RCW within 20 days from the date the decision was received. (Ord. 08-001 § 3, 2008; Ord. 07-003 § 5, 2007). 7.30.045 Registration of dangerous dogs — Requirements — Annual fee. A. The owner or keeper of a dangerous dog must obtain a certificate of registration for such animal from animal control within 15 days of a declaration of dangerous dog or within 15 days of the appeal decision if appealed as provided in SVMC 7.30.035. No dog shall be returned by Spokane County animal control to anyone prior to the issuance of the certificate of registration. The certificate of registration shall be issued only if the owner or keeper of the dangerous dog presents sufficient proof of the following: 1. A proper enclosure to confine a dangerous dog and posting of the premises with a clearly visible sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog; 2. A surety bond as required by RCW 16.08.080 as adopted or amended, issued by a surety insurer qualified under Chapter 48.28 ROW in a form acceptable to Spokane County animal control in the sum of at least $250,000, payable to any person injured by the dangerous dog regardless of whether the injury occurs on or off the owner's or keeper's premises; or 3. A policy of liability insurance as required by RCW 16.08.080 as adopted or amended, such as homeowner's insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least $250,000, insuring the owner or keeper for any personal injuries inflicted by the dangerous dog regardless of whether the injury occurs on or off the owner's or keeper's premises; and 4. A muzzle and leash for the dangerous dog. In addition, the owner or keeper of a dangerous dog shall furnish to Spokane County animal control a complete copy of the surety bond or liability insurance policy specified in subsections (A)(2) and (A)(3) of this section, and shall allow the county a reasonable time to review the bond or policy to Spokane Valley Municipal Code 7.30 determine whether the liability coverage is sufficient, prior to issuing the certificate of registration. B. Dangerous dogs must be spayed/neutered within 30 days of registration. The owner or keeper of the dangerous dog shall provided sufficient proof of such spaying/neutering promptly to Spokane County animal control. C. In addition to the regular dog licensing fees set forth in Spokane County Code Section 5.04.030, the owner or keeper of a dangerous dog shall pay an annual registration fee in the amount of $100.00. The registration will be valid for 12 months. D. This section shall not apply to police dogs as defined in RCW 4.24.410. E. The owner or keeper of a dangerous dog must notify Spokane County animal control in writing if the dog is deceased or if the dangerous dog is to be relocated or if there is a change in ownership. In the event of a change of ownership and/or relocation of the dangerous dog, the owner or keeper must provide Spokane County animal control with the complete address and phone number of the new owner or keeper prior to the change of ownership and/or relocation of the dangerous dog. The owner or keeper of the dangerous dog under this subsection must also notify any subsequent owner or keeper of the dog's designation as a dangerous dog. F. Dogs deemed dangerous by other jurisdictions in the state of Washington will be subject to the same regulations as if they have been deemed dangerous in Spokane County. Dogs deemed dangerous by jurisdictions outside of the state of Washington will be evaluated and declared dangerous by the animal control director or his or her designee on an individual basis to determine whether they meet the requirements of a dangerous dog, taking into account the criteria established by Spokane County Code Section 5.04.020(8). Dogs meeting the requirements of a dangerous dog under this subsection must be registered as such, and are subject to all other restrictions imposed under this section. G. Dangerous dog registration must be renewed every 12 months. A reinspection of the facility is required prior to renewal. The owner or keeper shall also provide Spokane County animal control proof of proper insurance as specified in subsection A of this section prior to re-registration. (Ord. 07-003 § 6, 2007). CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 2, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: City Center Negotiations GOVERNING LEGISLATION: RCW 36.70A; RCW 43.21C; SVMC 19.30.010, 020; SVMC 19.110.020; Ordinance 09-020 and 09-021; and the adopted Spokane Valley Sprague/Appleway Corridor Subarea Plan PREVIOUS COUNCIL ACTION TAKEN: See Memorandum BACKGROUND: See Memorandum OPTIONS: Provide direction as to future negotiations. RECOMMENDED ACTION OR MOTION: Council Discretion BUDGET/FINANCIAL IMPACTS: See Memorandum STAFF CONTACT: Mike Connelly, City Attorney ATTACHMENTS: Memorandum with exhibits OFFICE OF THE CITY ATTORNEY Spoane MICHAEL F. CONNELLY-CITY ATTORNEY CARY P.DRISKELL-DEPUTY CITY ATTORNEY Valley ' 11707 East Sprague Avenue Suite 103 • Spokane Valley WA 99206 509.688.0235 • Fax: 509.688.0299 • cityattorney@spokanevalley.org Memorandum To: Mayor Towey, Members of the City Council From: Mike Connelly, City Attorney CC: Kathy McClung, Community Development Director; Mike Jackson, Deputy City Manager; Cary Driskell, Deputy City Attorney Date: 1-27-2010 Re: City Center Negotiations City Hall Site Update Council action to date with respect to the development of City Hall Site is as follows: 1. Council entered into a Letter of Intent on 3-10-08 with the property owners of University City. Subsequent negotiations between the parties and revisions of proposed plans have deviated from the course of action outlined in the letter of intent. If negotiations are to continue, a revised letter of intent is recommended. See attached Exhibit 1. 2. Council approved a motion to initiate negotiations with the property owners for the purchase of approximately five acres contained within University City. See attached Exhibit 2. 3. Council has negotiated with the property owners and presented several purchase and sale agreements. All contemplate the purchase of the property independent of the construction of City Hall. Negotiations have been on hold subsequent to the election of new Council members to allow consideration of this issue by the new Council. 4. Council has passed the Sprague/Appleway Subarea Plan, which specifically identifies the City Center as being located in University City and limits retail development to the core street identified in the plan at such time as a binding site plan for City Center is finalized. The Subarea Plan was effective as of the 15th day of October, 2009. 5. A severe economic downturn has created concern about the funds that may be expended by the City, and the likelihood of attracting a potential developer to the site. 1 6. The developer has indicated that they do not wish to shoulder the entire burden of developing the binding site plan and request assurance that the City will, in fact, locate City Hall and the contemplated open space at its current location. The City has been unable to give that assurance. 7. Sufficient funds are identified in the current budget to allow purchase of property for a new City Hall. A number of options also exist to provide funds for the construction of City Hall and required street improvements. They are as follows: a. The matter could be referred to the citizens for a public vote (a successful vote would result in increased property taxes that would finance the funds necessary for construction). b. The costs associated with City Hall can be paid for out of the general fund directly or as annual payments on councilmanic bonds issued by the Council without a public vote. c. The City could partner with a private interest to fund the matter through the 6320 process wherein the private entity would secure funds and build City Hall. The City would make annual payments on the costs incurred and receive full ownership at the end of the term of the debt. These funds would come from the general fund. d. The City may be successful in pursuing grants from state or federal sources to defray some or all of the costs. We also have the possibility of creating a Tax Increment Financing or economic district created pursuant to state law wherein funds could be paid back through increased revenues (property or sales tax) created by the development. e. Development may also be spurred by the creation of a special purpose district to allow tax credits or waivers to be instituted. 8. Staff is awaiting Council direction on whether to continue to negotiate with the property owner for the purchase of property for a future City Hall or to suspend negotiations pending a determination of future legislative changes to the SARP. If negotiations continue, possible alternatives previously discussed include: a. Creating a green space (park?) or improved area in a portion of the property the City will ultimately purchase for seasonal activities and/or a Farmer's Market; b. Create an entry way that enhances both a green space and existing businesses; c. Involve the Valley Chamber, Greater Spokane, Inc., or other nonprofit organizations in the development of this site; d. Create a citizens committee to identify and implement interim uses for the site until a binding site plan can be finalized and constructed; e. Amend the letter of intent; or f Enter into an option agreement. 2 Scirr Exhibit 1 p®�ne Valley° 11707 E Sprague Ave Suite 106 •Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhallaspokanevalley.org• May 5, 2008 • Jim Rcinhardsen Managing Director Heartland LLC 524 Second Ave Suite 200 Seattle,WA 98004 Re: Letter orb:tent to Purchase/City of Spokane Valley and University City,Inc. Dear Jim: This Letter of Intent to Purchase outlines the basic terms upon which the City of Spokane Valley (".Purchaser") would purchase land from University City, Inc. ("Seller") for City Hall and ancillary public uses located on the Seller's property in the City of Spokane Valley,Washington. This letter is not meant to be a formal binding agreement but merely a Letter of Intent under which the proposed terms of the purchase are described.The terms agreed to by the parties in this Letter of Intent are intended to be incorporated in the Purchase and Sale.Agreement which is to follow. The Purchase and Sale Agreement, once fully executed, shall become the binding definitive document for this purchase. Subject to the foregoing limitations, the following sets forth the basic terms of the Purchaser's intent and a description of the City Center development and certain associated processes: 1.Due Diligence Material: Seller to provide Purchaser with at least the following documents within thirty (30) days from the execution of this Letter of intent and a meeting of the parties which confirms a process and calendar for Purchase and Sale Agreement negotiations,whichever is later: I. A current legal description of the Property; 2. An existing ALTA survey, if available; 3. Copies of all tenant leases relevant to the Property; 4. Copies of utility bills pertaining to the Property; 5. Level One Environmental Assessment, if available and any other environmental studies in Seller's possession pertaining to the City Center site which could influence the Property; 6. Copies of other contracts or agreements in Seller's possession which may have an impact on the sale or use of the Property; and 7. Copy of current year's real estate tax bill and current assessment. 2.The Purchase and Sale Agreement may include but shall not be limited to the following terms: • • C08-43 • A. Property: Approximately five(5)—nine(9)acres of the Seller's 35 acres of land located on the west side of University Avenue at Sprague Avenue. (the "Property"), The specific Property boundaries shall be defined through a conceptual master planning process to be collaboratively undertaken by the parties. Property boundaries defined through an ALTA survey, The Property shall be delivered to Purchaser with clear title and in its"AS IS"condition. B. Purchase Price: The purchase price shall be based upon the current market value • for the Property.Market value shall be determined through an appraisal process,which shall be defined and agreed upon as a part of the Purchase and Sale Agreement. The purchase price will be paid all cash at closing. The parties may agree to modify the - purchase price to account for other contributions or assumptions of liability. C. Contin envies: Purchaser's obligation to purchase and Seller's obligation to sell the Property under the Purchase and Sale Agreement shall be contingent upon the satisfaction of the following conditions: I. Purchaser's approval of a completed and acceptable Level One Environmental Assessment. The cost of such an assessment, if any, shall be as agreed to,between the parties; 2. Purchaser's approval of any encumbrance or obligation imposed by other contracts or agreements in Seller's possession which may have an impact on the sale or use of.the Property; 3. Purchaser's approval of physical inspections and studies of the Property at Purchaser's expense; 4. An agreed upon property configuration and size; 5. Division of the Property by Seller; 6. An agreement as to: • a. The timetable for removal of existing structures on the City Center site and identification of the party responsible for such removal; b. The acquisition and or dedication of all public rights of way; and c. An acceptable schedule for construction of public facilities, roads and amenities, including the proposed relocation of Dartmouth,as well as identification of the responsibility and methodology for construction and payment of the same; 7, Adoption of the subarea plan by the Spokane Valley City Council; 8. Spokane Valley City Council approval of the above described agreements and waiver of contingencies; 9. Implementation of a plan to construct the Spokane County Library District facility at the adjacent site; 10, Development of an acceptable plan for financing and constructing City Hall; and V 1 • 11. Seller's and Purchaser's confirmation that all contingencies have either been satisfied or waived. D. Closing: To take place thirty(30) days after removal of Purchaser's and Seller's contingencies; provided that closing cannot occur later than January 31,2010. • E. Escrow Holder: Escrow to be held with a mutually acceptable title company. • F. Title Insurance: Seller to obtain a standard coverage title policy. Seller to pay for the Washington State Excise Tax with all other closing costs to be split 50/50 by Purchaser and Seller. Notwithstanding the foregoing, each party will be responsible for its,own attorneys and consultants fees and costs. G. Closing Pro-Rations: Utility charges,charges under service contracts transferred to Purchaser, and real estate taxes to be prorated as of the close of escrow. 3, Execution of Contract: A. Immediately upon execution of this Letter of Intent, both parties agree to work in good faith to satisfy the conditions outlined in this Letter of Intent and, if satisfied, to negotiate in good faith the terms and conditions of the Purchase and Sale Agreement. B. Neither party hereto shall be under any legal obligation under this Letter of Intent until the Purchase and Sale Agreement is fully executed. 4. Removal From Market: Seller agrees to remove the Property from the open market until the Purchase and Sale Agreement is executed or negotiations pursuant to this Letter of Intent by Purchaser and Seller have ceased, but in no event longer than September 30, 2008. 5. Authorization of Representation: Purchaser authorizes ClearPath, through Rob Larsen and Mike Ragsdale, to represent it to negotiate the terms and conditions of the Purchase and Sale Agreement. Seller authorizes Heartland, through Jim Reinhardsen and Chris Fiori to represent it in negotiations. Each party shall be responsible for compensating its representative and nothing in this provision shall commit either party to paying a real estate brokerage fee. 6. Council Approval: This Letter of Intent and the contemplated Purchase and Sale Agreements and any other document binding Purchaser in any manner will require the approval of the City of Spokane Valley City Council voting in an open public meeting. • 7.Development Description: The parties intend that development of the City Center be consistent with the adopted subarea plan. Prior to signing a Purchase and Sale Agreement, Seller and Buyer will meet to discuss the subarea plan, in particular elements which might negatively impact property value and/or delay the redevelopment momentum of the property. A. Conceptual Plans: Purchaser and Seller are in agreement with the basic planning concepts as illustrated in the Purchaser's Conceptual Plan for the City Center Property. Purchaser and Seller agree to outline a process to collaborate on the details • of said plan as completed by Purchaser's consultants.Purchaser and Seller shall work collaboratively to adjust this Conceptual Plan as needed once the City Center developer is identified. B. Developer Selection: Purchaser and Seller are aligned in attracting the highest quality developer for the City Center. Purchaser and Seller agree to participate in the developer selection in a manner consistent with Washington laws governing the City's contract authority. It is anticipated that the Seller will initiate the developer selection process utilizing the contacts and experience of Purchaser's consultant Bob Gibbs where appropriate and in consultation with designated City representatives. Seller shall ultimately structure a commercially reasonable land lease with the developer(s) once selected. This Letter of Intent forms the basis of agreement between the parties. Sincerely, Cf?.(41 % Rob Larsen ClearPath,LLC. AGREED AND ACCEPTED: AGREED AND ACCEPTED: City of Spokane Valley University City, Inc. By: i ( =� By: U , •..,�, _ Its: Its: 'r • 'P 41A Date: — /d=.e y Date: .S •( 3 -0 $ • • Exhibit 2 • MINUTES City of Spokane Valley City Council Executive Session Tuesday,September 4,2007 Attendance: Councilmembers: Staff: Diana Wilhite,Mayor Dave Mercier, City Manager Steve Taylor,Deputy Mayor Mike Connelly, City Attorney Dick Denenny,Councilmember Cary Driskell,Deputy City Attorney Mike DeVleming, Councilmember Greg McCormick,Planning Manager Bill Gothmann, Councilmember Rich Munson, Councilmember Gary Schimmels,Councilmember EXECUTIVE SESSION: Mayor Wilhite called the meeting to order at 4:17 p.m. It was moved by Councilmember Munson, seconded and unanimously agreed to adjourn into Executive Session to meet until no later than 6:00 p.m. to discuss land acquisition, and that there may or may not be action taken upon return. Council adjourned into executive session at approximately 4:18 p.m. Mayor Wilhite declared Council out of Executive Session at 6:43 p.m. It was moved by Councilmember Denenny and seconded, to direct staff and consultants to begin the speck site selection process by initiating negotiations with the property owner of property generally described as University City located west of University Avenue as well as that portion of the property located east of University and under the same ownership for the purpose of drafting an agreement to support development of a viable City Center. Any such negotiated agreement shall be subject to full review and approval by the City Council in an open public session and shall include provisions for the selection of a developer satisfactory to the City and provisions guaranteeing the City's role in developing and approving a master plan for the development. Councilmember Munson brought up a point of order regarding whether we are in order with moving forward with a motion at this Executive Session,and of the session in general, and Mr. Mercier confirmed council is in order and the meeting was so noted as per statute. Vote by Acclamation: Approved: Unanimous. Opposed:None. Abstentions:None. Motion carried. It ia'as then moved'by Deputy Mayor Taylor, seconded and unanimously agreed to adjourn. The meeting adjourned at 5:50 p.m. Diana Wilhite,Mayor hristine Bainbridge, Cler Council Executive Session Minutes:09-04-07 Page I of Approved by Council:09-11-07 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 2, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: Law Enforcement Services: Justification for Personnel / Precinct Commander GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: The Precinct Commander will serve under the general direction of the Chief of Police and be viewed as a second in command in the department, reporting directly to the Chief. Although work is performed under the general direction of the Chief of Police, the Precinct Commander is responsible for executive management for administrative and operational oversight. This individual will establish and maintain effective working relationships with staff, other agencies, news media, elected officials, administrators, and the general public. Duty hours vary due to the requirements for 24- hour availability, and the Commander will assist with weekend and night-time on-call status. The Precinct Commander is expected to maintain consistent attention and commitment to the agency's mission and vision and to abide by the department's guiding principles. This individual will be appointed by the Chief of Police and serve at the Chief's discretion. OPTIONS: RECOMMENDED ACTION OR MOTION: Discussion. Potential funding options will be brought to council at a later date. BUDGET/FINANCIAL IMPACTS: Cost to the Spokane Valley will be $152,706/year. 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C,t) 4 (D k\ ii 9, ,, , Z C • O c'' c%. c%. w c%. c%. a c%• (o. \e8 0 a 9. 0 DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of January 27, 2010; 2:30 p.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of Acting City Manager Re: Draft Schedule for Upcoming Council Meetings Council/Staff Retreat: Tuesday, February 9, 2010; 10 a.m. — 4 p.m. CenterPlace Executive Conference Room, 2nd Floor; 2426 N Discovery Road [due date Mon,Feb 1] Tentative agenda items: 1)Land Use History (5) Goals: Long term, short term, 2010 Council (2)Paveback Budget goals (3)Snow plowing long-term plan (6)Six year business plan (4)Financial forecast (7)Information Only: Workplan (8)Brainstorming February 9,2010,Formal Meeting Format,6:00 p.m. [due date Mon,Feb 1] Proclamations: Future Business Leaders of America Week(Feb 7-13). National Children's Dental Health Month 1. Consent Agenda: Payroll, Claims, Minutes (5 minutes) 2. Proposed Resolution 10-002 Adopting Planning Commission Rules of Procedure—Kathy McClung (10 minutes) 3. First Reading Proposed Ordinance 10-003 Amending Alarm Regulations—Cary Driskell (10 minutes) 4. First Reading Proposed Ordinance Amend UDC &Provide for Dev. Agrmnt(Ord 9-015)- Christina Janssen and Mike Connelly (20 minutes) 5. Motion Consideration: Interlocal Agreement JAG Grant with Spokane County—Cary Driskell (10 minutes) 6. Admin Report: Franchise Agreements—Cary Driskell (20 minutes) 7. Admin Report: Milwaukee Right-of-way—Mike Connelly (20 minutes) 8. Advance Agenda (5 minutes) 9. Info Only:(a) Council Broadcasts,PEG(public, educational and government) Channel Executive Session: [*estimated meeting: 100 minutes] February 16,2010: Study Session Format,6:00 p.m. [due date Mon,Feb 8] 1. SRTC Interlocal Agreement—Glenn Miles, Stan Schwartz (30 minutes) 2.Wastewater Treatment System—Neil Kersten/Bruce Rawls (60 minutes) 3. Council Broadcasting—PEG Channel—Greg Bingaman/Morgan Koudelka (40 minutes) 4. Cable Advisory Board—Morgan Koudelka (20 minutes) 5. Adult Entertainment Code Revision—Cary Driskell (10 minutes) 6. Paveback—Neil Kersten/Ken Thompson (15 minutes) 7. Advance Agenda (5 minutes) Executive Session: [*estimated meeting: 180 minutes] February 23,2010,Formal Meeting Format, 6:00 p.m. [due date Mon,Feb 15] 1. Consent Agenda: Claims,Payroll, Minutes (5 minutes) 2. Second Reading Proposed Ordinance 10-003 Amending Alarm Regulations—Cary Driskell (10 minutes) 3. Second Reading Proposed Ord Amending UDC &Provide for Dev. Agrmnt(Ord 9-015)- Christina Janssen and Mike Connelly (20 minutes) 4. Motion Consideration: Paveback Financing—Ken Thompson (10 minutes) 5. Motion Consideration: Paveback Interlocal Agreement—Neil Kersten (10 minutes) 6. Admin Report: Uniform Development Code Amendment CTA 01-10—Karen Kendall (20 minutes) 7. Admin Report: Review of Land Use regulations—Mike Connelly/Kathy McClung (60 minutes) 8. Admin Report: Property Tax—Ken Thompson (15 minutes) 9. Advance Agenda 10. Info Only: (a) Department Reports; (b) crosswalks; (c) Declare 16608 Broadway Surplus Property Executive Session [*estimated meeting: 150 minutes] Draft Advance Agenda 1/28/2010 3:23:50 PM Page 1 of 3 March 2,2010, Study Session Format,6:00 p.m. [due date Mon,Feb 22] 1. Surplus Property: 16608 E Broadway— Steve Worley (20 minutes) 2. Crosswalks—Neil Kersten (20 minutes) 3. Advance Agenda (10 minutes) Executive Session: [*estimated meeting: 50 minutes] March 9,2010 Formal Meeting Format,6:00 p.m. [due date Mon,March 11 1. Consent Agenda: Claims,Payroll, Minutes (5 minutes) 2. First Reading Proposed Ordinance UDC Amendment CTA 01-10—Karen Kendall (20 minutes) 3. First Reading Proposed Ordinance Regarding Adult Entertainment—Cary Driskell (20 minutes) 4. Proposed Resolution Declaring 16608 E Broadway Surplus— Steve Worley (20 minutes) 5. Accomplishments Report—Mike Jackson (30 minutes) 6. Admin Report: Fee resolution Amendments—Adult Entertainment Appeal Process—C.Driskell (10 min) 7. Admin Report: Advance Agenda Executive Session: [*estimated meeting: 105 minutes] March 13-17, 2010:National League of Cities, Congressional City Conference, Washington, D.C. March 16,2010, Study Session Format,6:00 p.m. possible no meeting [due date Mon,March 81 March 23,2010,Format Meeting Format,6:00 p.m. [due date Mon,March 151 1. Consent Agenda: Claims,Payroll, Minutes (5 minutes) 2. Second Reading Proposed Ordinance UDC Amendment CTA 01-10—Karen Kendall (15 minutes) 3. Second Reading Proposed Ordinance Adult Entertainment Appeal Process—Cary Driskell (10 minutes) 4. Proposed Amended Fee Resolution,Adult entertainment Appeal Process— Cary Driskell (10 minutes) 5. Admin Report: Advance Agenda 6. Info Only: Department Reports Executive Session [*estimated meeting: 40 minutes] March 30,2010,Study Session Format,6:00 p.m. [due date Mon,March 221 1. Advance Agenda Executive Session April 6,2010, Study Session Format,6:00 p.m. [due date Mon,March 29] 1. Comp Plan Update—Greg McCormick (15 minutes) 2. Advance Agenda Executive Session: April 13,2010 Formal Meeting Format,6:00 p.m. [due date Mon,April 51 1. Consent Agenda: Claims,Payroll, Minutes (5 minutes) 2. Admin Report: Advance Agenda Executive Session: ["estimated meeting: minutes] April 20, 2010, Study Session Format,6:00 p.m. [due date Mon,April 191 1. Advance Agenda Executive Session April 27,2010,Format Meeting Format,6:00 p.m. [due date Mon,April 191 1. Consent Agenda: Claims,Payroll, Minutes (5 minutes) 2. Admin Report: Advance Agenda 3. Info Only: Department Reports Executive Session Draft Advance Agenda 1/28/2010 3:23:50 PM Page 2 of 3 OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: ADA Plan Affordable Housing Participation Alternative Analysis (contracts) Bidding Contracts (SVMC 3. —bidding exceptions) Bike and Pedestrian Master Plan Budget 2011 (fall 2010) Community Development Block Grant(Fall 2010) Concurrency Council Remote Voting: Governance Manual East Gateway Monument Structure # Hotel/Motel Grant Proposals for 2011 (November 2010) Jail Project Presentation and tour Joint Meeting w/Spokane County Law Enforcement Contract Outside Agencies Presentation (August) Overweight/over size vehicle ordinance Planned Action Ordinance Retreat, summer(June,July?) Sheriff Office Request, Emergency Mgmt Update Six-Year Transportation Improvement Plan(May or June) Shoreline Management Program Update Solid Waste Board/Governance • Sprague Appleway Corridor Environ. Assessment Transportation Benefit District: (a). Establish ord.; (b)set public hearing; (c) draft resolution; (d) ballot language Transportation Impacts WIRA,Water Protection Commitment,public education =request for Council's early consideration #=Awaiting action by others * =doesn't include time for public or council comments Draft Advance Agenda 1/28/2010 3:23:50 PM Page 3 of 3 Scrry po kane Valley`A 11707 E Sprague Ave. •Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall @spokanevalley.org Memorandum To: Members of Council From: Mike Jackson, Deputy City Manager/Acting City Manager Date: January 26, 2010 Re: Quarterly Report— Summary of October through December Activities Administrative: ▪ Completed 2010 Business Plan ▪ Finalized City's Safety Plan Completed and Presented Court Study ▪ Completed and Presented Court-Related Services Study ▪ Completed Comcast Franchise Negotiations (Adopted by Council) Human Resources: Recruiting/Employment Recruitment Applicants Interviews Part-Time Office Assistant 154 6 Administrative Assistant-Public Works 215 5 TOTAL: 369 11 ** Numbers do not reflect interns, Parks &Rec temp/seasonal, Host/Hostess, or duplicate applications Position Status Administrative Assistant—Public Works Interviewing Recreation Assistant—Host Open Deputy City Manager Quarterly Report—continued ,2009 -2 - Public Information: Key Reporting Areas 400 350 356 300 250 200 —0-1stQtr 150 /� —F 2 n d Qt r 100 113 3rd Qt r 50 '36 38 3 4th Qtr 0 Media Media Earned Total Media Hot Topic Contacts Releases& Media Stories Community Traffic Stories Enewsletter Alerts • Media relations o Media contacts: Does not include those that were subsequently referred to another City resource o Earned media stories: Does not include all television/radio/web o Total media stories: Does not include 94 police activity stories, nor all ads, television, radio or web stories OTHER: Citizen contacts: • Website Updates: 71 (Does not include P10-initiated, and regularly scheduled updates) • Areas of Significant focus: o Responding to media inquiries re/election and new councilmembers o Discovery Playground o Barker Bridge Update o Sullivan Corridor Projects public info plan & initial mailer o Research, solicitation, selection and preparation for new website software management program Deputy City Manager Quarterly Report—continued ,2009 -3- Googlevideo views of Spokane Valley videos: Video Filename Title Date Views Uploaded CN-Spok-Munson_WMV_V9.wmv Spokane Valley's Mayor Munson discusses the budget 01/13/2009 Feb 2, 2009 1 CN-Spok-Munson-2_WMV_V9.wmv Spokane Valley's Mayor Munson discusses snowstorm 01/13/2009 Feb 2, 2009 1 SARP05.avi Spraque/Appleway Revitalization Plan Community Workshop#4 Sep 29, 23 (Pt.5) 2008 SARP04.avi Spraque/Appleway Revitalization Plan Community Workshop#4 Sep 29, 6 (Pt.4) 2008 SARP03.avi Spraque/Appleway Revitalization Plan Community Workshop#4 Sep 29, 13 (Pt.3) 2008 sarp02.avi Spraque/Appleway Revitalization Plan Community Workshop#4 Sep 29, 12 (Pt.2) 2008 SARPO1.avi Spraque/Appleway Revitalization Plan Community Workshop#4 Sep 29, 74 (Pt.1) 2008 /gfs/ug/home/video/upload/scotty/form/dropzo Spokane Valley City Center Concept Sep 17, 237 ne/S/SM 1 QfkC-_5WVi-Ry 2008 sarp_feb08.avi City of Spokane Valley-Spraque/Appleway Revitalization Sep 9, 2008 138 presentation 2/2008 Kuhta101807.wmv Spokane Valley Planner summarizes SARP 10/18/2007 Sep 3, 2008 45 munson71207.wmv Spokane Valley Mayor Rich Munson discusses SARP 7/12/2007 Sep 3, 2008 22 2008_state_of_the_city_edited.wmv 2008 Spokane Valley State of the City Address Jul 22, 2008 61 roundabout.avi City of Spokane Valley-informational clip on roundabouts Jun 30, 2008 342 Web Site Web Site Summary 4th Quarter 2009 October November December Year to Date Unique User Sessions 39,967 34,339 38,696 113,002 Top Five Pages Viewed Employment 3803 3,111 4,900 11,814 Spokane Valley 821 809 1,525 3,155 Police 644 682 879 2,205 Bldg. 784 666 749 2,199 Public Notices 554 646 651 1,851 Top Five "Referrer"Web Sites Spokane County—employment 634 497 459 1,590 Municipal Research(MRSC) 218 185 201 604 County Ideas 161 173 192 526 City of Spokane Valley 132 173 145 450 Spokane+Valley 64 35 154 253 Deputy City Manager Quarterly Report—continued ,2009 -4- Central Reception: Business Registration • 426 New registrations • 1454 Annual renewals (Due annually in December) Call Volume 1 1200 1000 800 600 400 200 0 �. . ` 7 CD Council H R Legal Misc. Ops/Ad P& R PW Total min •October 440 55 12 22 232 106 16 134 1017 •November 354 75 9 22 241 84 15 92 892 •December 361 58 12 14 218 79 6 96 844 Visitor Volume December, 204 October,359 JIM ovember, 215 Deputy City Manager Quarterly Report—continued ,2009 -5- Citizen Action Requests Misc EMI Sweeping Storm drain/swales - Traffic speed Street lights Signs Signal timing Sight obstruction r ■Oct 72 Signal lights out •Nov 54 Debris •Dec 81 Snow/de-ice Potholes II- Dumping MI Dead Animals "Covers"off C TOTALS MIMIMI 0 10 20 30 40 50 60 70 80 90 1po01111111"\arik Community Development 0 Valle Monthly Report y December 2009 PERMIT CENTER Revenue Permits Permit revenue for the month of December was $84,375. An audit of the monthly figures shows an adjustment to the figures in Oct and Nov. Year end number being reported right now is $1,337,057 which is behind last year by approximately 42%. 2009 Permit Revenue $500,000 - $400,000 $300,000 $200,000 $100,000 m Fri FT j T r m $0 _ - I- Jan � I I I I I Feb Mar Apr May June July Aug Sept Oct Nov Dec 02009 Revenue* 02008 Revenue Land Use Land Use revenue for the month of December is $14,945. An audit of the monthly figures shows an adjustment to the figures in Oct and Nov. Year-to-date revenue is being reported at this time as $223,699. This is down from last year's total by approximately 46% Land Use Revenue $80,000 $70,000 $60,000 $50,000 $40,000 $30,000 °1 $20,000 •$10,000 1 0 11%1111 Jan Feb Mar April May June July Aug Sept Oct Nov Dec •Revenue 2009` •Revenue 2008 Page 1 of 8 pok .ne Community Development � ' Valle Monthly Report y December 2009 rah' izluatton The valuation' for December was $2,703,842. Total for 2009 is $105,111,785. 2009 Permit Valuation $50,000,000 - $40,000,000 $30,000,000 $20,000,000 $10,000,000 n I I n n $o I I I Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec 2009 Valuation ___;2008 Valuation Office f7inancia1 ianaagementPermit_Information (Permits lss'ued) December 2009 Dwelling Residential New Separate Demolition Units Structures Dwelling Units Permits Demolished Single Family Residence 5 5 2 2 Duplex Triplex 4-Plex Apartments December 2009 New Tenant Commercial Buildings Improvements Additions 5 13 1 1 Per the currently adopted Master Fee Schedule, valuations reported above for commercial and residential construction permits are"assigned based on the value of the construction work as stated by the applicant or the value calculated by the Building Official using the latest valuation data published in the Building Safety Journal by the International Code Council, whichever is greatest." Page 2 of 8 SOOkane Community Development Tale Monthly Report v December 2009 Separate Dwelling 2009 Residential New Dwelling Demolition Units Structures Units Permits Demolished Single Family Residence 89 15 11 2 Duplex 5 1 0 0 Triplex 0 0 0 0 4-Plex 0 0 0 0 Apartments 0 0 0 0 2009 Commercial New Tenant Buildings Improvements Additions 69 171 9 Permit Activity Certificate of Occupancy The Community Development staff issued 10 Certificates of Occupancy in December. They were Trent Office Complex, Wake-Up Espresso, Subway, Space 202, Youthful Horizons Therapy, Horizon Credit Union, AM Hardware, Inland Imaging, and Spokane Valley ENT. Permits Issued Community Development issued a total of 243 permits in December. The total permits issued for the year is down about 17% at 2993. Significant commercial permits include Icon Corporation, Old Dominion Freight Line, One Church and Jacobs Upholstery. • 450 2009 Constrction Permits Issued 400 - 350 - 300 - — _II I i/I0 IN 1 200 - 150 - 100 0 Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec 02009 Permits 159 192 221 250 260 302 305 275 255 331 200 243 2008 Permits 242 214 323 353 296 311 411 284 381 318 236 166 Page 3 of 8 poka.ne Community Development 0 Ville Monthly Report y December 2009 Land Use Applications In the month of December there were 3 boundary line adjustments, 1 preliminary binding site plan, 1 preminary short plat, 1 appeal request, I pre-application meeting request, 1 temporary sign and 1 accessory dwelling unit application submitted. Commercial Pre-application Meetings During the month of December, Community Development staff held 5 commercial pre-application meetings which included two change of use, a canopy structure, an office building and a short plat. SEPA Determinations Three SEPA determinations were issued in December, a Determination of Non Significance (DNS) for a street improvement at Sprague and Sullivan; a private floating dock and a 17-lot subdivision. Hearing Examiner The Hearing Examiner did not have any hearings in December. Business Licenses Staff Approved 121 business licenses in December. Home Occupation Permits Staff approved 10 home occupation permits in December. Entertainers Licenses Staff processed 18 adult entertainment licenses for the month of December. CustomerSerrIce The Permit Center staff assisted 226 customers at the counter and handled 186 customers' inquires by phone in the Permit Center during December. A total of 10,393 total customers served just at the Permit Center in person or on the phone during the year. The Permit Center staff provided an average target date of 10 working days for Commercial projects, 5 working days for Residential platted and 10 working days for Residential un-platted. This target date represents the time to first comments issued to the applicant. Page 4 of 8 SOOkane Community Development V Valle Monthly Report December 2009 Infections Right of Way The Right-of-Way inspector performed 174 inspections in December and a total of 7,910 for the year. 2009 Right-of-Way Inspections 1200 -r"- 1000 -' I 800 1 600 111 I1 II 17. 400 II III II I 200 11111 Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec •2009 •2008 Building There were 438 residential inspections and 253 commercial inspections in December. During 2009 there were 7,745 inspections performed. Plans Examiners reviewed 90 projects December and have 11 pending projects were awaiting review at the end of month. The Plans Examiners processed 841 sets of plans during the year. Staff also issued 7 Express permits for the month, and 72 for the year. 700 600 Building Insp ctigins Performed 600 I i v , 500 500 400 400 — 300 300 200 UU1ini200 VO 100 II■ R1 = 100� Ii 0 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ■2009 Residential 221 237 304 257 302 628 649 582 580 584 459 438 ®2009 Commercial 220 188 199 181 143 189 222 219 202 322 166 253 2008 Residential 205 230 332 363 396 408 528 425 483 452 352 306 12008 Commercial 126 125 132 151 142 153 167 256 212 241 287 185 Page 5 of 8 poka.ne Community Development � ' Ville Monthly Report y December 2009 Development Engineering During the month of December the Development Engineering Inspector performed 9 commercial site inspections and 1 residential inspections. The DE Inspector performed 174 inspections this year. UPDATES Planning Planning Commission The Planning Commission met once in December. During that meeting the Commissioners held their annual elections, choosing John Carroll as Chairman and Marcia Sands as Vice-Chair of the Commission. They also had a study session on a code amendment regarding Comprehensive Plan developer's agreements and an update of their own rules of procedure. City Center Environmental Impact Statement and Planned Action Ordinance (PAO) Berger/Abam continued work on the Final EIS to be issued in early January. The Final EIS includes comments and responses to comments received on the Draft EIS. Once the Final EIS is issued, the City can take action by adopting an ordinance. Growth Management Steering Committee of Elected Officials The Steering Committee of Elected Officials (SCEO) did not meet in November. The Planning Technical Advisory Committee (PTAC) met twice in November to discuss the ongoing 10 year Urban Growth Area Review effort. 2010 Comprehensive Plan Amendments/Updates The 2010 Comprehensive Plan Update includes housekeeping changes to Chapter 2 - Land Use, Chapter 3 - Transportation, Chapter 4 - Capital Facilities, and Chapter 7 — Economic Development. The proposed amendments also include one citizen-initiated request for a site-specific map amendment, and two city-initiated site-specific map amendments. In addition, staff tentatively scheduled a review session and public hearing to be held in February with the Planning Commission. Code Amendments The fall batch of code amendments were adopted by Council in December. Shoreline Master Program Work continued on the SMP update. At this time an analysis of the field information is almost complete, and City staff are in the final stages of developing corresponding maps that will characterize the shoreline ecological conditions. The next open house has been schedule for Feb 4, 2010. Deve!opmentEngineering Street Standards The Street Standards were adopted by the City Council on December 15. . Dq,artment yt Energy Grant The was City notified of our grant approval on October 21St. Staff have established registrations in the various government web sites to access the funds and to report on the funds quarterly, as required. Page 6 of 8 SOOkane Community Development Tale Monthly Report v December 2009 ADA Study The city work group has been formed and met in December. During the meeting the goals and objectives of the project were introduced, background materials and the draft survey tool were distributed to department representatives and a regular meeting scheduled was developed. Bike/Pedestrian Plan (BPMP) The BPMP workgroup is finalizing the project timeline and reviewing existing policies from the Comp Plan and existing regulations. In addition, staff is coordinating with pertinent agencies to ensure an inclusive process. Training Wellhead Protection Scott and Mike B. attended a wellhead protection committee meeting, a regional committee that recently became active after an extended time off. The focus of the group is to collaboratively develop regulations that will protect drinking water. Other Cote Compliance Citizen Action Requests Code Compliance officers received 98 Citizen Action Requests for the month of December. Total year-to- date reported violations are 840 compared to 1008 by this time last year. 2009 Code Total Violations Reported - by Category 100% — i 60% I 1 m I — 40% I •. M A _ Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct- Nov- Dec- 09 09 09 09 09 09 09 09 09 09 09 09 •Solid Waste 11 6 27 24 25 15 15 19 8 18 7 19 ['Signs 4 22 38 34 49 9 37 39 6 19 7 39 ['Property 9 3 13 15 13 6 21 21 16 10 2 21 ['Junk Auto 9 5 17 10 19 11 4 11 10 8 6 11 •Environmental 0 0 0 1 0 1 0 1 2 1 0 1 ['Complaint- No Violation 0 0 2 5 3 2 4 1 1 1 0 1 ['Clear View Triangle 0 0 0 5 2 6 8 6 8 4 0 6 Page 7 of 8 Sp"'"'vkane Community Development 4. Tale Monthly Report v December 2009 Right-of-Way Site Distance Compliance Code Compliance Officers are continuing to collect data points. Staff is currently processing a code amendment which will begin with a study session in front of the Planning Commission in January. UPCOMING DATES OF INTEREST ATE INTEREST Jan. 13 Community Development Holiday Lunch Jan. 14 I Planning Commission Regular Meeting, Public Hearing Developers Agreements Jan. 19 Martin Luther King Day, City Hall Closed Jan 21 I Hearing Examiner—Elliot's Addition Jan. 28 Planning Commission Regular Meeting, Study Session, Code Amendment Clearview Triangles, Study Session on Code Amendment Conditional second-hand and consignment stores in an I-1 Zone. Feb. 4 Shoreline Master Program, Open House—City Hall Feb. 9 Council Retreat, CenterPlace Feb. 10 Planning Short Course Feb. 11 Planning Commission Regular meeting Public Hearing, Code Amendment Clearview Triangles, Public Hearing on Code Amendment Conditional Retail in an I-1 Zone, Study Session —2010 Comprehensive Plan Amendments Feb. 15 I President's Day, City Hall Closed Feb. 25 Planning Commission Regular Meeting — Public Hearing 2010 Comprehensive Plan Amendments. March 5 REDCON —Kathy McClung on the panel. Page 8 of 8 sio' s+ n Valley 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall @spokanevalley.or8 Memorandum To: Mike Jackson, Deputy City Manager From: Ken Thompson, Finance Director Date: January 19, 2010 Re December Report December highlights in Finance included: Financial reports Reports showing a comparison of revenues and expenditures, to the December 2009 Amended Budget, are attached. A revised report will be forwarded in February as our accounting records are closed for 2009. A comparison of sales tax receipts for 2008 and 2009 has been attached for your review as well. As previously reported, sales tax receipts are down 12% from 2008 receipts. Investment income will be $200,000 below our budget. Planning and Building fees will also be below our estimates. Gambling tax receipts are expected to have a large uncollectible portion, as casinos struggle to make ends meet. Staff is pursuing collection of the delinquent gambling tax but full collection is unlikely. Beginning Fund Balance in the General Fund will be significantly greater than our estimates which will help offset the revenue shortages identified above. The investment report is also attached for your review. 2009 Amended budget The Council approved amendments to the 2009 budget in December which have been incorporated into the enclosed worksheets. Lodging tax grant applications Four applications were received for tourism promotion grants. The Lodging Tax Advisory Committee met on October 22 to hear presentations. Recommendations from the Lodging Tax Advisory Committee were sent to and approved by the Council in early December. Street facility preparations Telephones, computers and City network access are now available at the leased Street and Storm Water facility near City Hall. A snowplow tracking system has also been installed. Year end (2009) work Preparations are underway for W-2 and 1099 year end reporting. Staff preparing 2009 financial records Staff has started the process to ready 2009 financial records for the audit in 2010. City of Spokane Valley General Fund Budget Variance Report For the Period Ended December 31,2009 at January 14,2010 Will be updated in February,2010 Amended Budget December YTD Unrealized Percent 2009 Revenues Revenues Revenue Realized General Fund Revenues: Begining Fund Balance $ 12,116,644 21,692,296 $ (9,575,652) 179.03% Property Tax 10,675,000 844,591 10,417,248 257,752 97.59% Sales Tax 19,380,000 1,314,435 15,012,095 4,367,905 77.46% 17 Gambling Tax 525,000 89,601 519,961 5,039 99.04% 12 Franchise Fees/Business Licenses 964,550 12,370 808,428 156,122 83.81% 12 State Shared Revenues 1,257,550 287,833 1,605,352 (347,802) 127.66% Planning&Building Fees 1,888,540 106,686 1,658,213 230,327 87.80% Fines and Forfeitures 1,359,710 136,983 1,627,999 (268,289) 119.73% Recreation&Centerpiece Fees 602,070 46,881 653,732 (51,662) 108.58% 11 Investment Interest 434,991 20,947 230,961 204,030 53.10% Operating Transfers 84,900 - 74,300 10,600 87.51% Total General Fund Revenues: $ 49,288,955 2,860,326 54,300,586 $ (5,011,631) 110.17% Amended Budget December YTD Unrealized Percent 2009 Expenditures Expenditures Expenditures Realized General Fund Expenditures: Legislative Branch 330,900 26,596 289,811 41,089 87.58% Executive&Legislative Support 1,033,321 84,356 919,434 113,887 88.98% Public Safety 20,841,084 1,819,687 20,321,636 519,448 97.51% Operations&Administrative Svcs 1,776,142 135,521 1,566,758 209,384 88.21% Public Works 817,068 57,669 678,743 138,325 83.07% Planning&Community Dev. 3,588,839 269,336 3,048,183 540,657 84.94% Library Services 20,000 - 1,910 18,090 9.55% 5 Parks&Recreation 2,812,040 171,365 2,298,353 513,687 81.73% General Government 18,069,561 215,838 1,786,666 16,282,895 9.89% 18 Total General Fund Expenditures: $ 49,288,955 $ 2,780,369 $ 30,911,494 $ 18,377,461 62.71% 01/19/2010 11:54 AM City of Spokane Valley Other Funds Budget Variance Report For the period ended December 30, 2009 Amended Budget December YTD Unrealized Percent 2009 Revenues Revenues Revenue Realized Other Funds Revenues: Street Fund $ 7,492,000 $ 504,010 $ 4,663,156 2,828,844 62,24% Arterial Street Fund 591,000 - - 591,000 0.00% 14 Trails and Paths 43,000 5 105 42,895 0.24% 15 Hotel/Motel Fund 600,000 34,127 398,534 201,466 66.42% Civic Facilities Replacement 767,000 136 2,675 764,325 0.35% 16 Debt Service-LTGO 03 710,000 - 606,173 103,828 85.38% Capital Projects Fund 5,948,000 67,202 522,713 5,425,287 8.79% 6 Special Capital Projects Fund 2,980,000 66,817 524,067 2,455,933 17.59% 6 Street Capital Projects 16,725,000 5,753,002 6,863,480 9,861,520 41.04% 3 Mirabeau Point Project 370,000 99 2,372 367,628 0.64% 4 Community Developmt Block Grnts 300,000 - - 300,000 0,00% 19 Capital Grants Fund 2,006,000 136,959 1,251,605 754,395 62,39% Barker Bridge Reconstruction 7,977,000 1,598,167 5,330,058 2,646,942 66.82% Stormwater Mgmt Fund 3,440,000 149,661 1,708,787 1,731,213 49.67% 8 Equip.Rental&Replacement 780,000 193 4,721 775,279 0.61% 8 Risk Management 235,000 4 230,096 4,904 97.91% Reserves: Centerplace Operating 340,000 85 2,149 337,851 0.63% 13 Service Level Stabilization 5,400,000 1,311 33,274 5,366,726 0.62% 13 Winter Weather 500,000 - - 500,000 0.00% 6 Parks Capital 2,920,000 913,033 1,853,365 1,066,635 63.47% Civic Buildings 5,800,000 1,413 35,806 5,764,194 0.62% 7 Total Other Funds Revenues: $ 65,924,000 $ 9,226,223 S 24.033.934 $ 41,890,866 36.46% Amended Budget December YTD Unrealized Percent 2009 Expenditures Expenditures Expenditures Realized Other Funds Expenditures: Street Fund $ 7,492,000 468,258 4,276,201 $ 3,215,799 57.08% 18 Arterial Street Fund 591,000 - 308,044 282,956 52.12% 14 Trails and Paths 43,000 - - 43,000 0.00% 15 Hotel/Motel Fund 600,000 70,020 343,834 256,166 57.31% 1 Civic Facilities Replacement 767,000 - - 767,000 0.00% 16 Debt Service LTGO 03 710,000 - 606,077 103,923 85.36% Capital Projects Fund 5,948,000 - 1,041,051 4,906,949 17.50% 3 Special Capital Projects Fund 2,980,000 - 380,081 2,599,919 12.75% 3 Street Capital Projects 16,725,000 3,737,506 10,807,108 5,917,892 64.62% 3 Mirabeau Point Project 370,000 - - 370,000 0.00% 4 Community Developmt Block Grnts 300,000 - - 300,000 0,00% 19 Capital Grants Fund 2,006,000 64,859 '1,413,238 592,762 70.45% Barker Bridge Reconstruction 7,977,000 1,774,261 6,874,146 1,102,854 86.17% Stormwater Mgmt Fund 3,440,000 149,468 1,123,283 2,316,717 32.65% 18 Equip.Rental&Replacemnt 780,000 - - 780,000 0.00% 9 Risk Management 235,000 - 227,497 7,503 96.81% Reserves: Centerplace Operating 340,000 - - 340,000 0.00% 10 Service Level Stabilization 5,400,000 - - 5,400,000 0.00% 13 Winter Weather 500,000 - - 500,000 0.00% 13 Parks Capital 2,920,000 399,469 2,399,452 520,548 82.17% Civic Facilities Capital 5,800,000 - 3,363 5,796,637 0.06% 3 Total Other Funds Expenditures: $ 65,924,000 $ 6.663.841 29,803,375 S 36.120,625 45.21°/a 01/19/2010 11:54 AM City of Spokane Valley Investment Report For the Month of Decemebr 2009 Total LGIP* Moiuntain West MM CERT. DEPOSIT Investments Beginning $ 37,469,500.84 $ 52,563.82 $ 5,000,000.00 $ 42,522,064.66 Deposits 1,812,347.86 $ 1,812,347.86 Withdrawls (2,300,000.00) $ (2,300,000.00) Interest 10,217.95 89.07 - $ 10,307.02 Ending $ 36,992,066.65 $ 52,652.89 $ 5,000,000.00 $ 42,044,719.54 Balances by Fund 001 General Fund $ 21,416,599.02 101 Street Fund 1,589,963.32 102 Arterial Street - 103 Paths & Trails 21,577.18 105 Hotel/Motel 295,126.81 120 CenterPlace Operating Reserve 348,269.88 121 Service Level Stabilization Reserve 5,395,761.27 122 Winter Weather Reserve - 123 Civic Facilities Replacement 561,447.14 301 Capital Projects 1,513,832.16 302 Special Capital Projects 1,519,886.01 304 Mirabeau Point Project 407,251.88 309 Parks Capital Project 136,497.73 310 Civic Buildings Capital Projects 5,814,385.78 402 Stormwater Management 2,211,674.26 501 Equipment Rental & Replacement 795,675.62 502 Risk Management 16,771.48 $ 42,044,719.54 *Local Government Investment Pool City of Spokane Valley Sales Tax Receipts Month by Month Comparison Year to date Month Percentage Received 2008 2009 Change February $ 1,954,994.78 $ 1,690,170.61 -13.55% March 1,280,030.02 1,245,885.86 -9.24% April 1,371,096.25 1,210,210.64 -9.98% May 1,609,424.93 1,297,589.85 -12.42% June 1,406,783.92 1,254,330.03 -12,12% July 1,568,261.82 1,312,964.99 -12.83% August 1,725,557.35 1,494,486.56 -12.92% September 1,562,049.26 1,381,203.54 -12.75% October 1,549,521.92 1,393,353.36 -12.46% November 1,541,787.16 1,417,465.22 -12.02% December 1,469,375.54 1,314,434.56 -11.90% January 2009 1,289,107.80 2010 $ 18,327,990.75 $ 15,012,095.22 FOOTNOTES 1 Most costs are typically late in the year. 2 Debt service paid twice each year 3 Capital projects often take a number of years to plan, engineer, acquire right of way and construct. 4 For Discovery Park 5 Small amount of 05 library tax due district. Budgeted amount is too high. 6 Yr end transfers pending 7 Interest earnings. 8 Beg. Bal. included which understates percent realized. 9 For replacement of vehicles & computers. 10 Required operating reserve, no expenditures planned for 2009. 11 Revenue for 2010 events will be moved to 2010. 12 Quarterly Payment to City. Final receipt due 1/31/10 13 Emergency use only. 14 Fund being phased out 15 Most of this fund spent in late 08 16 In reserve for replacement of buildings 17 Down 11.9%from prior year 18 Includes est ending fund bal at 1231-09, which understates % realized 01/19/2010 11:54 AM 1111111PWIIPm!' >Valley ne PARKS AND RECREATION , , , „ FOURTH QUARTER REPORT 2009 0. i I,11 ADMINISTRATION AND PARKS: • Various items for the construction of the new Discovery Playground continued into the winter months. Landscaping will be completed in the spring. Grand Opening is scheduled for May 13, 2010 at 11:00 a.m. • The contract for Operation and Maintenance of Pool Facilities for all city pools was awarded to the YMCA of the Inland Northwest. The agreement is in effect until December 31, 2010, with up to four one-year renewal options. • The Park Maintenance contract for all our city parks was awarded to Senske Lawn & Tree Care. The contract term is for a period of one year with up to six one-year renewal options. • Greenhouse glass panels at CenterPlace damaged during our winter storm were removed and replaced. • The Spokane Valley Police Precinct Building roof damage that was incurred during our winter storm was patched and repaired. • Staff developed and implemented new policies for special events, park reservations, and vendors in our city parks. We wanted to minimize the impact events have on parks and ensure that park preservation measures are in place and adhered to. • Staff worked on a new non-exclusive food services contract for CenterPlace. • Our $790,000 of state funding for Discovery Playground was received by the city in December. RECREATION AND AQUATICS: • The First Annual Valley Mission Haunted Pool Event was successful and brought in 342 people in attendance over three days. • The city co-hosted the Breakfast with Santa Event with Spokane Valley Rotary for the second year. Over 225 people participated at CenterPlace for this successful family event. • Participation in recreation programs grew by 1,916 participants in 2009 over 2008. i CENTERPLACE: • It was determined through a mutual agreement that the non-exclusive food services contract with Beacon Hill Catering would not be renewed for 2010. We determined that we would negotiate with the caterer which finished second in our Request for Proposal process. Red Rock Catering currently caters for the following facilities: Glover Mansion, Fox Theatre, Masonic Temple, and the Lincoln Center. • Staff worked on the fee schedule that was approved for 2010. It included providing a price for groups to utilize the west lawn area for outdoor events, and consolidating pricing for table settings and linens to make it more convenient for our customers to order this service. We have also grouped pricing together to make wedding and reception pricing into packages, so it is easier for customers to understand. • A new presentation system was purchased for the auditorium. Previously, the Great Room and the auditorium shared the same A/V equipment, with the auditorium acting as an overflow. The auditorium has turned out to be a standalone reservation and needed its own equipment. Because of the size and good sound quality of the auditorium, it is being rented for telephone/internet conference meetings. The A/V equipment installed will better accommodate that usage. • Digital signage monitors were installed in the reception area of CenterPlace and the Senior Center. The monitors list the events occurring in the meeting rooms and also give more information on renting our facility. • CenterPlace staff took 50 reservations this quarter. The yearly total is 815 events at CenterPlace in 2009. That is 123 higher than in 2008. Meetings/seminars continue to be the largest growing type of reservation, with 538 being held in 2009. Weddings, private parties, community events, banquets, fundraisers, graduations, and dances were also held. CenterPlace Year-to-Date Revenue * CenterPlace Year-to-Date Expenses ❑Total Projected Revenue for the Year 0 Projected Expenses 0Year-to-Date Expenses ■Revenue Received Year-to-Date $600,000.00 - $900,000.00 l-__ — — — $800,000.00 -- $500,000.00 I -' $700,000.00 $600,000.00 =r - — — $400,000.00 $500,000.00 �''.. �$400,000.00 r �$300,000.00 `,$200,000.00 S- -L11 1 r 0 - $100,000.00 "` rErllI- .- r 2007 2007 2008 2008 2009 2009 * Revenues include lodging tax funding. ** Expenses do not include the No lodging tax monies were used for operations, building replacement funds. 2 only for out-of-area advertising. SENIOR CENTER: • WSU nurses provided healthy nutrition and diabetic education days. • Maxim Health Care administered 161 flu and pneumonia shots for seniors and community members. • The Wellness Center is utilized on a monthly basis for foot care, and for free hearing checks by Columbia Hearing. • Three seminars were presented on Medicare. • The Greenhouse was open October through December. • The billiards room proves to be the most active program. A close second for participation is the senior fitness classes and then art classes. • A company researching how easy or difficult it is to open prescription bottles came twice asking seniors for their participation. • A Balance and Fall Prevention Workshop was held, with 16 people participating. • The dance committee held a dance recital. There were 55 people who came to watch and some took part in the performance. Rose Pointe and Mission Ridge Retirement communities attended. • A special dance was held in honor of Veterans' Day. • The Senior Center and Discovery Shop Style Show and Luncheon had 125 participants. This is one of the most popular events. • Pickleball had 125 participants at their new location, Hepton Center on S. Barker Rd. • The Association held elections for three new board members, who will serve three-year terms. New board members elected are Dale Ferrell, Darlene Markey, and Gay LeBret. 3 MEMO TO: Mike Jackson,Acting City Manager FROM: Rick VanLeuven, Chief of Police DATE: January 25, 2009 RE: Monthly Report December 2009 December, 2009: December, 2008: CAD incidents: 4,671 CAD incidents: 4,367 Reports taken: 1,425 Reports taken: 1,206 Traffic stops: 1,681 Traffic stops: 1,026 Traffic reports: 271 Traffic reports: 266 CAD incidents indicate calls for service as well as self-initiated officer contacts. Hot spot maps are attached showing December residential burglaries, commercial burglaries, traffic collision hot spots and vehicle prowling hot spots, along with November and December stolen vehicle hot spots. Also attached are nine bar graphs for 2007, 2008 and January through December of 2009: commercial burglary, garage burglary, residential burglary, forgery, malicious mischief, stolen vehicles, theft, vehicle prowling, and property crimes comparisons for 2006 through 2009. ADMINISTRATIVE: Chief Van Leuven made a quick trip to Renton, Washington to attend an international terrorism training session with of the FBI National Academy Alumni Association on December 1st. The following day, he was back in Spokane giving opening remarks at Partners With Families & Children 2009 Campaign Kick Off Program. This program is an essential partner in our local Drug Endangered Children(DEC) alliance. Holiday festivities kicked off in the City of Spokane Valley with the Festival of Lights at U-City on December 3rd which Chief Van Leuven attended. He and his wife also visited numerous holiday parties hosted by our Spokane County's SCOPE stations throughout the month. Chief Van Leuven attended a half-day conference at the Sheriffs Valley Training Center entitled, "Tired Cops: Understanding and Managing Police Fatigue," in addition to training on Interview and Deception Detection Techniques later in the month taught by the Bureau of Alcohol, Tobacco and Firearms (ATF) of Boston, Massachusetts. New Councilmember orientation was conducted in early December, at which time Chief VanLeuven gave a brief overview of the Spokane Valley Police Department. At the invitation of the Air Force Office of Special Investigations, Chief VanLeuven attended the Inland Law Enforcement Leadership Group Luncheon at Fairchild Air Force Base on December 11th. Spokane Valley Police participates in on-going consultation with state and federal agencies utilizing strategic planning processes to focus on regional crime problems. During the month of December, Chief VanLeuven was on-call for a total of 17 twelve-hour shifts for patrol lieutenants. The Annual Holidays &Heroes was held December 13t'', pairing up officers from throughout the Sheriffs Office including Explorers with children to purchase Christmas gifts for their families. The day begins with deputies Page 1 picking up the kids at their home and taking them shopping. They eventually end up at the Greyhound Park where they wrap their gifts and pick up their box of goodies to include a turkey for Christmas Dinner. This is an excellent way for our deputies to have positive interactions with families and to give back to our community. ..=..„,v..-.111r Y,A- i7ra©FQtYT.. - - . cn "11111 ► rs. LLu :.s 477 ,1 r'Y •_y �,nt t?�LTTON" ss.�..�. COMMUNITY ORIENTED POLICING: S.C.O.P.E. hosted holiday dinners and some stations provided extra patrol at the mall and retail stores. Most meetings were cancelled due to the holiday season. Runaway Volunteer: In addition to the numerous SCOPE volunteers who contribute hours specifically to the Spokane Valley, we have one volunteer, Georgiana Sutherlin, a retired school teacher, who works out of the downtown Investigative Division overseeing the runaways for the entire Spokane County area to include Spokane Valley. She reviews all the reports made concerning a runaway child and keeps in contact with the parent or guardian to follow up on the status of the child. If the child has returned home and is no longer a runaway, Georgiana completed the appropriate paperwork to have the report settled and have the child's name removed from NCIC. As the child's status is monitored and found to still be a runaway, Georgiana works with the parent or guardian to get DNA and dental records on the child to be sent to Washington State Patrol,per protocol. There are a great many hours spent not only with the paperwork, but in talking with concerned parents about their child. She also refers the parent or guardian to local community services available to them regarding their runaway child. All too often, the runaway child runs, comes home for a few days, only to run away again. Georgiana does a great job at maintaining the child's status in a professional manner. There were 837 runaway reports made in 2009 for Spokane County, with 822 cases settled in 2009. There are 15 outstanding as of January 4th, 2010. In 2010, Georgiana will begin to keep statistics on how many of these runaways are occurring in the Spokane Valley. December 2009 Volunteers Hours per station: CV S.C.O.P.E 661.5 hrs. Edgecliff S.C.O.P.E. 707.0 hrs. Trentwood S.C.O.P.E. 321.0 hrs. University S.C.O.P.E. 438.5 hrs. Total SV September 2,128.0 hrs. Page 2 • S.C.O.P.E. Incident Response Team (SIRT) volunteers contributed 558 on-scene hours (including travel time) in December, responding to crime scenes, structure fires, motor vehicle accidents (including a hit and run) and providing traffic control. Of those hours, 85 hours were for incidents in the City of Spokane Valley and 12 hours were for the Christmas Tree Lighting (special event). Year to date total volunteer hours contributed by SIRT, including training, stand-by, response and special events, is 6,540 hours. • Abandoned vehicles tagged by S.C.O.P.E. volunteers for impoundment in the Spokane Valley in November totaled 35 and in December 35, with 8 and 7, respectively, vehicles eventually cited and towed. Thirteen hulks were processed in November and 13 hulks processed in December, making a total of 227 hulks processed during 2009. During the same time period from January through December, 396 vehicles were tagged and 106 were cited and towed. S.C.O.P.E. DISABLED PARKING ACTIVITY REPORT JANUARY -DECEMBER 2009 City of Spokane Valley # of # of ft of Disabled # of # of Non - Vol. Hrs Infractions Warnings Disabled Issued Issued Infractions Issued January 7 202 50 40 February 6 408 87 114 March 8 172.5 57 137 9 April 10 342 55 178 8 May 5 214 12 68 5 June 9 258 67 119 0 July 8 173 24 102 4 August 8 208.5 53 168 0 September 7 248 44 113 0 October 9 376 51 77 0 November 8 351 58 91 0 December 7 322.5 81 115 0 Total 92 3275.5 639 1322 26 Spokane County # of # of # of Disabled # of # of Non - Vol. Hrs Infractions Warnings Disabled Issued Issued Infractions Issued January 2 36 1 0 February 4 51.5 6 5 Page 3 March 6 101 14 16 0 April 6 46 7 11 0 May 2 8 0 12 0 June 7 21 21 29 0 July 5 8 2 4 0 August 6 27 6 4 0 September 4 8 1 2 0 October 6 58 1 6 0 November 6 64 5 10 0 December 7 73 3 9 0 Total 61 501.5 67 108 0 OPERATIONS: • False Alarm Program As we prepared to begin the new program in 2010, Spokane Valley Police officers responded to false alarm calls with information on the new ordinance and how to register their alarm system. Citizens received free alarm service for the month of December. Public Safety Corporation began sending out invoices along with letters explaining the new requirement and FAQ sheets. Although some alarm owners were a little puzzled by the new process, questions were answered and the registration process moved forward. • Officer-Involved Shooting In early November, around 10pm, Spokane Valley Police Officers responded to the 8900 block of East Broadway after receiving a call of a male and female arguing inside an apartment. When the officers arrived, they were confronted by a male suspect with a handgun. Feeling threatened for their lives, both officers fired their weapons at the suspect. The 65-year-old suspect was transported to a local hospital for treatment of gunshot wounds. The officers were not injured. The incident was investigated by the Spokane Police Department detectives per the Critical Incident Protocol. • Secret Shopper Beware A 27-year-old Spokane Valley woman lost a substantial sum of money to a scam artist who sent her a paycheck for $1,800 and then asked her to send the $1,200 overage back via Western Union. The woman agreed to be a Secret Shopper and would earn $600 pay. She received the $1,800 check with instructions to return the remainder. The fraud suspect's check, drawn on a closed account. After the victim discovered she had been fooled with a bad check that emptied her account of the $1,200, she called a contact number for the company. The victim said a male who answered the phone only laughed at her and hung up. This type of scam is a common way for check counterfeiters and fraud artists to loot the bank accounts of unwary victims. Because the suspect usually operates from out of state or out of country, law enforcement has little authority to track them down to recover the victim's money. The best defense for this type of scam is to not fall for it in the first place. • Citizen Comment "I just want to thank everybody in your department for all the hard work they do to protect the citizens of our county. I have not needed your services to this point, but I know your department will do you best to help me if called upon. Keep up the good work and God Bless. Jeff Moses Spokane" • Pines/Mansfield Corridor Burglaries An investigation was completed regarding the Pines and Mansfield corridor burglaries and a charging affidavit forwarded to the Prosecutor's Office. The suspects in the burglaries are both juveniles, who were charged with the six burglaries they committed along with associated charges. The adults who were given the stolen property are also being charged with several other associated crimes to include trafficking stolen property,possession of a stolen gun and drug charges. On a side note, when these crimes were occurring in the Valley there was no solid evidence of who was committing the crimes. But, a simple phone call and conversation with Deputy Elliott and Deputy Kenoyer broke this case wide open and directed detectives to the right suspects. Page 4 • Truck and Trailer Theft Just before Christmas, a family traveling from North Dakota to Western Washington stopped in Spokane Valley for the night and awoke to find their truck and U-Haul trailer missing. Because of this Christmas season thief, the couple lost their Christmas gifts, clothing, photos, baby albums, and checks. Also gone were family quilts, $50,000 in jewelry, the husband's uniforms, military, dental and medical records, as well as his transfer papers. The U-Haul trailer stolen from the family was located the following week, abandoned and pillaged at an apartment complex in the Spokane Valley. A resident at the apartment complex saw television coverage of the theft, called police who responded to find the trailer open and some of the contents missing. The jewelry, firearms, camera and laptop were gone, including some of the Christmas presents. The truck was also later located and the family was able to continue their travel to Western Washington. • Officer-Involved Shooting At the end of December in the early hours of the morning, Spokane Valley patrol officers responded to the 11700 block of East Fairview on a report of a suicidal male. When they arrived on scene, the officers were able to establish verbal contact with the 55-year-old man inside the residence, who told officers he wanted to hurt himself and claimed to have a handgun. At one point,the suspect confronted officers in the back yard. Just before 4:30 pm,the suspect exited the front door of the residence armed with a weapon and confronted officers. The officers fired their duty weapons, striking the suspect. Officers quickly transitioned from the role of protecting the public's safety, to one of providing potentially life-saving efforts to the suspect until medical personnel arrived on scene. The suspect was transported to a local hospital for treatment of gunshot wounds. The officers were not injured. Spokane Police Department detectives lead the investigation per the Critical Incident Protocol. • Officer Nabs Wallet Thief A long-time criminal suspect was arrested for felony theft after a Spokane Valley Police officer heard a broadcast description of a wallet theft suspect and saw the man crossing Sprague a few blocks away. Officer Mike McNees was driving westbound on Sprague when he saw the suspect jaywalking across the seven lanes of roadway ahead of him. At the same time, sheriffs dispatchers reported the theft of a wallet which had occurred minutes earlier at the Spokane Valley Library. The thief's clothing description matched that of the suspect McNees saw crossing the road. Recognizing the suspect from previous incidents, McNees stopped him and learned he had just left the library. Although he denied taking anything, the suspect was carrying two wallets in his clothing. One belonged to the purse theft victim. McNees drove the suspect to the Spokane County Jail and booked him on felony charges of Second-Degree Theft. • Midnight Robbery A Spokane Valley woman received minor injuries in the middle of the night when two young black males kicked in the door to her apartment, punched her, and ran off with her rent money. The woman called 911 about 10 minutes after midnight and said she was awakened by the suspects who demanded cash. The suspects dragged her from bed and took the cash and her engagement ring. The suspects ran eastbound from the apartment, according to neighbors. A sheriffs K-9 unit tracked the two to the area of 711 N. Argonne,but lost the track in a parking lot. Detectives are pursuing a number of leads in this case. • Instruction by Liquor Control Board The Liquor Control Board instructed Spokane Valley Police officers for 20.5 hours and taught 97 deputies, in 16 separate roll calls. In addition to the statistics, they were able to make contacts with deputies who were interested in maintaining communications with them in order to address `problem premises.' The classes also produced several leads on alleged liquor violations that occurred in the recent past. Page 5 2009 DECEMBER CRIME REPORT To date: Yearly totals: Dec-09 Dec-08 2009 2008 2008 2007 2006 2005 2004 BURGLARY 77 48 725 753 753 584 714 744 997 FORGERY 20 33 297 354 354 365 334 464 465 MALICIOUS MISCHIEF 79 64 1245 893 893 1,265 1,122 904 1,224 NON-CRIMINAL 67 49 892 944 944 839 811 749 916 PROPERTY OTHER 69 53 933 828 828 890 982 1,154 1,665 RECOVERED VEHICLES 18 17 187 319 319 343 403 333 390 STOLEN VEHICLES 37 28 298 496 496 478 711 603 577 THEFT 159 111 2162 1,846 1,846 1,881 1,888 2,256 2,853 UIOBC 0 0 4 4 4 8 11 8 10 VEHICLE OTHER 0 2 5 7 7 3 3 5 40 VEHICLE PROWLING 105 70 920 1069 1069 682 937 958 1,382 TOTAL PROPERTY CRIMES 631 475 7,668 7,513 7,513 7,338 7,916 8,178 10,519 ASSAULT 68 70 927 869 869 853 846 894 880 DOA/SUICIDE 23 31 210 269 269 221 167 159 164 DOMESTIC VIOLENCE 125 89 1226 1063 1063 874 736 762 755 HOMICIDE 0 0 3 3 3 1 5 1 5 KIDNAP 2 0 21 16 16 23 22 35 24 MENTAL 25 25 310 360 360 350 425 425 386 MP 6 8 115 95 95 83 88 97 106 PERSONS OTHER 134 94 1621 1,354 1,354 1,337 1,159 1,256 1,624 ROBBERY 8 2 75 71 71 60 58 56 58 TELEPHONE HARASSMENT 13 18 159 95 95 73 83 92 190 TOTAL MAJOR CRIMES 404 337 4,667 4,195 4,195 3,875 3,589 3,777 4,192 ADULT RAPE 1 1 35 44 44 43 29 39 37 CHILD ABUSE 13 14 159 148 148 104 78 101 126 CUSTODIAL INTERFERENCE 3 6 157 86 86 92 105 88 205 SEX REGISTRATION F 0 0 2 3 3 4 3 6 4 INDECENT LIBERTIES 0 1 10 11 11 18 15 9 21 CHILD MOLESTATION 7 6 35 66 66 46 69 67 77 CHILD RAPE 1 1 35 39 39 31 62 35 30 RUNAWAY 33 30 440 369 369 295 309 311 437 SEX OTHER 10 10 211 179 179 194 203 181 162 STALKING 2 0 15 21 21 17 17 27 35 SUSPICIOUS PERSON 12 11 175 142 142 152 177 244 341 TOTAL SEX CRIMES 82 80 1271 1,108 1,108 996 1,067 1,108 1,475 DRUG 36 48 670 838 838 807 665 891 999 ISU OTHER 1 0 1 0 0 1 0 0 1 TOTAL ISU 37 48 671 838 838 808 665 891 1,000 TOTAL TRAFFIC REPORTS 271 266 3,183 3,811 3,811 3,800 3,345 2,403 2,776 TOTAL REPORTS RECEIVED 1,425 1,206 17,460 17,465 17,465 16,817 16,582 16,357 19,962 xm illy•., , !l pagdweo u I Mgt _ f� J = f.- .LI III “vill NM r -�1 ' - iIL!PITU .� L :off, ~U 0 N N .1 e' N J 2 I,`� G+ IPiin .; .. °)1 6' .. 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F■■■gym illiiii mii n .�J 190•=11111V IIIIMIIIIIII � Ingi iniiii3111111intm:: �, I I Z'I__—__11_.111 ____ _-- .,____________-I•_.cartie..r_wm.■n■ IIMMIZ. I CO rn O O O O O O N N N • • 0 W 0 1 > 0 z 1— 0 0 W w a co c O (9 L D CL Q a) c.) 7 a) J a) cc > z a) D C CO Y 0 Q >- CO Q 2 d Ell i 7 ._ Q Q m W W z 1=I O O o 0 0 0 0 0 N O o0 co N Spol�ane Valley PUBLIC WORKS DEPARTMENT MONTHLY REPORT December 2009 AGREEMENTS FOR SERVICES ADOPTED AND IN OPERATION • Street Maintenance—2010 Signal, Sign & Striping County Interlocal • Street Sweeping —AAA sweeping. • Street and Stormwater Maintenance and Repair contract—Poe Asphalt Paving Inc. • Landscaping Services —Spokane ProCare. • Vactoring Contract—AAA Sweeping. • Engineering Services Support—Agreements with private engineering firms. • Street Maintenance (Pines & Trent) —WSDOT Interlocal • Solid Waste - Regional Solid Waste Interlocal • Winter operations —Snow Removal — Poe Asphalt WASTEWATER • Status of the process can be monitored at: http://www.spokaneriver.net/ and http://www.spokaneriverpartners.com/ CENTRAL VALLEY SCHOOL DISTRICT • Neil is a member of the Capital Facilities Planning Committee to assist the district in the development of a 6-year and 25-year long range bond plan. The committee is currently meeting on a weekly basis on Wednesday evenings. The Committee will continue through April of 2010. REGIONAL SOLID WASTE SYSTEM • Neil is a member of the technical advisory committee to the Solid Waste Liaison Board. The committee provided oversight to the Performance Audit of the Spokane Regional Solid Waste System which was complete in July, 2009. The committee is currently working with Russ Menke, Director, to explore possible system alternatives for future evaluation by the Board. STREET MASTER PLAN • Received all updated traffic counts and accident data from JUB. Need to evaluate for future projects. ROAD CONSTRUCTION PROJECTS • Barker Road Bridge Project (0003) Project on winter shut-down until February 1 or when temperatures moderate; non-critical path items will continue until then. • Pines/Mansfield (0005) Contract with Inland Asphalt is done but still have work to do with Union Pacific. 1 updated January 26.2010 • Broadway Ave Safety Improvement — Park Rd to Pines Rd (0063) Century West was selected to design this project which should begin late January. Still negotiating scope & fee. • Sprague/Sullivan PCCP Intersection (0065) Survey and Geotech and pavement design work completed, in final design. Design in-house. Public meeting planned for "Sullivan Corridor" projects on January 21, 2010. Scheduled for construction in May and June • Park Rd — Broadway Ave to Indiana Ave —(0069) DESIGN ONLY Survey is complete. Working on scope change to develop true cost estimate for right of way acquisition. • Broadway Ave Reconstruction — Moore to Flora (0088) Still in ROW phase — purchasing real estate. Currently scheduled for construction June— September, 2010. White Birch Sewer to be bid under City project. • Indiana Avenue Extension —(3600' east of) Sullivan to Mission & Flora (0112) Survey and Geotech work complete. Negotiating contract for ROW acquisition at Flora and Mission with Skillings Connolly. Design review meeting with Centennial on January 12th • Indiana/Sullivan PCCP Intersection (0113) Project delayed to 2011. Will begin design in summer of 2010. • Broadway/Sullivan PCCP Intersection (0114) Public meeting planned for "Sullivan Corridor" projects on January 21, 2010. Out to bid Feb. 4 with construction in April and May. • ADA Improvements 2009 (0127) Drawings 80% complete. Currently scheduled for bid in April and construction in May/June 2010. • Blake Road Repair (0132) Still need to pay final retainage. TRAFFIC • Argonne Corridor Improvements (0060) Selected DKS Associates as the most qualified consultant for this project. Beginning scope/fee discussions. • Pines Rd ITS (0061) Selected Transpo Group as the most qualified consultant for this project. Beginning scope/fee discussions. • Sprague/Appleway/Dishman ITS (0072) Construction complete, beginning project closeout. • Sprague Ave ITS ($400,000) (0133) This project will install fiber along Sprague from University to Sullivan and then north on Sullivan to tie in with the existing network. Conduit and other equipment will be installed as needed to complete the run. This also includes crossing Pines. Some of the funds will be used to develop an ITS Master Plan that will provide us with guidance on location and implementation of future ITS projects. Selected Transpo Group as the most qualified consultant for this project. Beginning scope/fee discussions. 2 updated January 26.2010 • City-wide Coordination ($75,000) This project will develop and implement traffic signal coordination on corridors and during time periods where they currently do not exist, i.e. weekends. • Traffic Signal Phasing ($33,500) This project will change the phasing at several intersections throughout the city from exclusive to exclusive/permissive phasing by install flashing yellow arrows. • Signal LEDS ($65,000) This project will complete the installation of LEDs in the City's signals. STREET PRESERVATION PROJECTS • Sprague Ave Resurfacing — University to Evergreen (Phase 1) (0110) Paving complete. Most plastic striping complete— Bowdish & University still need striping. • Sprague Ave Resurfacing — Evergreen to Sullivan (Phase 2) (0115) Design 95% complete; waiting for construction funding. SEWER PROJECTS • West Ponderosa Sewer Project (0106) Phase 1 — Paving complete. Punchlist items remain. Phase 2 —Sewer and paving complete except for Holman from Woodruff Road to Van Marter. This portion will be constructed in 2010. • Valleyview Sewer Project (0107) North Valleyview Stormwater(tied into the Valleyview Sewer Project) (0111) Complete. Waiting for final billing from County. • Clement Sewer Project (0109) Sewer and Paving complete. • West Farms Sewer Project (0128) County design 90% complete. Project is scheduled to bid in February. • South Green Acres Sewer Project (0129) Phase 3 —County design 75% complete. Project is scheduled to bid in March. Phase 4—County design 20% complete. Project is scheduled to bid in June. • Corbin Sewer Project (0130) County design 50% complete. Project is scheduled to bid in April. • Cronk Sewer Project (0131) County design 50% complete. Project is scheduled to bid in April. • White Birch Sewer Project Century West design for County 80% complete. Project to be bid under Broadway (Moore to Flora). 3 updated January 26.2010 PARKS PROJECTS • Discovery Playground (0086) Project on winter shut down. Rock climbing wall is all done. STORM WATER PROJECTS • Stormwater Decant Facility—to be programmed with 2011-2017 Stormwater Plan. • 2008 Problematic Flood Areas Project Design done; specs in draft form. Anticipate small works bid this fall/winter of 13 projects for construction in Spring/Summer 2010. 1. Robinhood Street, 1300— 1400 Block: add capture, catchbasins, and expand UIC for under- designed area. 2. Herald Street, 8th to 9th Ave.: add capture, catchbasins, and expand existing UIC. 3. Oberlin Street, South of 11th Avenue: additional stormwater capture and swale. 4. 10th Avenue, Little John Ct. to Mariam St: additional stormwater capture, manhole structure 5. University and 16th, NE Corner: replace (2) existing UIC's, provide overflow to 16th Ave system. 6. 43rd, Hollow and Forest Meadows: repair of crushed culvert pipe 7. Union, North of Mission: added capture of stormwater 8. 550 S. Sullivan Road: increase intercept of stormwater before existing drywell 9. 2316 N. Girrard: replace existing failing pipe sump with catchbasin and single depth drywell 10. Yardley Area Drywell Rim Grouting: Repair Rims 11. Woodruff and Holman: Lower existing grades and piping 12. 8th and Woodlawn: increase intercept of stormwater before existing drywell 13. 5700 E. 8th: new intercept and swale with drywell. OTHER PROJECTS • 44th Avenue Pathway- Woodruff Rd. to Sands Rd. (0054) In final design.. Target bid in late spring for construction in summer 2010. • City Hall Project (0089) On hold. • Bike and Pedestrian Master Plan • Bike and pedestrian Master Plan Implementation (0134) • Street Maintenance Storage Facility Part of long-range stormwater plan currently under development. On hold. • Bridge Maintenance • Capital Project Planning and Grant Application • Street Master Plan/Pavement Management Plan 4 updated January 26.2010 • Sullivan Road SB Bridge over Spokane River Replacement (Planning) STREET & STORMWATER MAINTENANCE ACTIVITY The following is a summary of Public Works/Contractor maintenance activities in the City of Spokane Valley for December 2009: Street and Stormwater Maintenance Items: • Sweeping and Vactoring is completed for 2009. Will begin for Spring clean-up • Poe is providing pothole patching. Emergency Winter Snow Operations: • Lease signed for Waste Management facility; purchased 6 used WSDOT plows/sanders; Poe contract approved to prepare the equipment, facilities and any other necessary activities to be ready for winter snow operations; a second Poe contract was approved for winter operations. • Winter operations in progress. Stormwater: • Sweeping & Structure Cleaning Study-. Contacted a consultant to possibly assist with this study. Consultant has submitted a proposed scope of work. • Pines/Mansfield fire station Swale - On-hold through spring/summer 2010 to see if this resolves itself with continued root growth. • Ecology SW Grants - Received $50k grant for two years. • SW Evaluation Form — Developed a form to help evaluate stormwater problems and give a relative basis for priority ranking. 2009 Stormwater Fee Assessor Rolls Update —Continued work on updates to the Assessor Rolls for Stormwater Fee adjustments. 5 updated January 26.2010 4, 00000000000 0 0 0 0 00 N M O M 0 ✓ O O U) 0 0 0 0 0 0 0 0 0000 0 0 ' O O N 0 W 0 O W O U) 0 0 0 0 0 0 O N O O 00 In r N N O '0},r 0 N r V tb N O O O M M O U) co-V- O) (n (n O (O i y N- (n M I- 0 O) aO V M N- O) O) t) 0 r O) ' 6) U) U) 0 0 0 0 0 r M O M M O (O M .- W M N N- N O V a0 O) M ll7 r M m m m m m (O - U.- (O N .- .- .- H N M H H H H H H O ~ to to to to to to to to to to to to to to to to to to to to to to C 732 p 0 RV N 0 0 0 0 0 0 O\ O\ \ 0 0 0000 0 0 0 O O O O O O 0 0 v_ 00 O N C co E(n 0 0 0 0 0 0 H H H H O M M M w O UU Nr c O a) 4=1 ..-,„, L Q O O \ \ \ \ \ O \ \ \ \ C \ O O O O \ \ \ \ \ O O O O O O O O O O O O O O O O O O O ° y E000000008 O O O O 0) O a) a) a) O O O O O W CO O O 0 0 0 0 cy W 0 W 0 0 0 \° \° \° \° O \° \° c 0 0 0 0 0 0 0 0 0 o ° • Q O O o ° ° ° ° ° ° O o 0 0 o O ° 0 0 0 0 0 O O O O 0 y o 0 o M O (!7 0) O (!7 O O O ° O O O O N M M O 0 0 0 0 O O O O O o 0 0 0 0 r N LU L O 0 Q) CD -;Coco rn ornrnoo . 0000 O ° 000000000 0 co co co CO N R 99 Q O D 799 '1 - U O O m Li Q z - ~ u_ u_ -, -, -' O H H H H Q Li LOL Q LOL -' Q CL CL 0 Q CL L W JZ N CO O 0 O >, OL R 3 3 a 3 0 0 0 D a) CL E c c fl--D C -D D m m m CO - - O 1 1 Y Q 0 0 0 Q < Q H H H H Q < < < < < < < < < < c U E E =a CD CD coco co CD OOM M h 0 as QQ00 > QQUU o o _ _ _ _ _ _ _ _ _ Y LL IX m m H H m m H H 0 W W U U c0 0 H H U) U) H H U) U) 0 U U U W W W W U U U U U U U U U O N N E 0 0 4 a) a) 0 O O C C N N LL _ _ J O O > E E a a E 73 -O Q' C J J U a0 +O+ Q' C WC a) O ( U) CO P2 j UU � rn >,rnrn Y a) - a)- - -M N a) - _ a) C O c 7 N 7 N N •- b Tr) - O-.O co CL >, U) L> M N co , M = ) Y Q - (0 O ° O O O Y >>O (6 (6 O -O W fp C C C N -C > m m a) 0 S Et 0 CL N U N > > J (O a) O O 7 0 a) (6 .O N $ 0 ( a) °) 0 0 ° to N N N N N d 0 C O .O .> > 03 " Et 0 0 Q PI ( C to a -p (09 a C _ W 7 7 0 0 0 LL LL cn X CL C C LLI a) - _ 0 0 4O N - - - a) to O O O O CL CO U > ' ' J J Q a) C U U O) X a) _ _ 111 :::11) Cil C U a 3 N N Y Y O O Q Q p E Q O N (0 0 a) N 5p N C O O O O 0 a) () = U a)92 U > E J4 -0 LL d c _ H d d n n 3 m o • > O- C (D O C C m O O O U) ( N °) °) O O m p CL CL °) a) CL SZ E a E O U O N O C O C C N N LL t M C - C kiill rya) ta -N '() m i0 C C U ON O O -O C N N d d V N _, _, J m -6 O a) D U N O +O-' U a a > p c 't N Y CL CL C i t441: H -a w e rn c > o r R aa) aNi rn a s > n m 'e rn c N a) V -O N C L LY LY V N > d U U Q 4 >, La) m n < Da < aa) = u) > a oHu) °-) vim) > > a o oaa rn ate) a2) m > aJa U O O o c > cn > > > o m O H u) L Q Q a O 00 co Cr a a �° m m E c ~ a a 73 °) c LL CD CD a a a�i ON co _ ai m E_ m m m m 0 ai m a) m m aJ O O aai E U) - - 'n C . 0 U c O N C O Q N O -° -° E 0 ( L a) C Q.-. r Q Q a) d d N 0 0 0 0 0 " R N 0 c°.I amamcnamssmQm - < O- W0 m0) 0) mSS > USU) W00 ao M In M M O) aO N M V N- N O - M N- 0 U) (O (O � 0) CO O) O) 0 - (0 d # 0 0 0 0 0 0 ,- ,- ,- N (,') O O M M 0 0 0 0 N N N M M CO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 55 0 0 0 0 0 0 0 0 0 0 0 000000 0 ) 0 \\\\\\ co 72 00 20 / / Qg2g0 - ao = = m = r a = # 2u HH H eq 0 I- . \ k0) o c E / I 27 22 \ 2222 ' ' E ^ o § � ¥ $ � � � � 0 .2a @ ) I 0 0 / 2 0 2 2 2 2 . 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E c o a) E E D - a a) (0 — m 0 rx - co_C C o-0) E � a � E a) a) O ( d rn co D U (A H r O C a>'i o a) E cn u) O c U) Ea) m MC"- fn wi co (0 C a) ai c ai o f c c 2 a a 0 m 2 ° c 0 n ac) c Q a Q (i Q E. § aa)) 'N .N O o 0 C (L (n C2)-0 Q 0 a) U O O >,Q m m >CIS O (A > fn fnOmQ 03 t -o EQD O Ct co 0 0)-O -O -6 To (6 (a a, N w 0 co R O O- C Y a) a) N N N _c N D U a) p C O L a a O O O 0) w a) 6 6 0_ O_ O_ O > 0 C v 0 m > a N Q O- < U) m m m (n d H > > (n (n (A .- W d N D > > CO N (9 N- CO ,— co V (n CO N- N CO 0 N V M (n CO d ;k CO CO CO CO N- N- N- N- N- N- O) O) 0 0 0 0 0 0 0 O O O O O O O O O O O O 0 O O O O O O O O O O O O O O O O O O r �r�tat S P O A N E 3 p ri C O U N T Y OFFICE OF THE HEARING EXAMINER MICHAEL C.DEMI'SEY,CHIEF EXAMINER MEMORANDUM To: Acting City Manager, City Council, and Director of City Community Development Department From: Michael C. Dempsey, City Hearing Examiner l Re: Annual Report on City Hearing Examiner System for 2009 Date:' . 'January 25,2010 . ,s ,. . . .. The City Hearing Examiner is required to annually provide a written report to you stating the number and type of hearings conducted by and decisions issued by the Examiner during the past year, the outcome of such decisions, recommendations for improving the hearing examiner system, and pertinent observations and recommendations regarding land use policies and development regulations. See Section 18,20.03013.1 of City Municipal Code. A. Matters heard or decided in 2009 In 2009, the Hearing Examiner conducted 7 land use hearings, and issued 8 land use decisions, for the City. One (1) decision was appealed, to Superior Court, This involved a decision by the Examiner to uphold the decision of the City Community Development Department, to require a future acquisition area for right of way along Appleway Avenue, for a division of land into two parcels. The appeal is still pending. The Examiner also heard one (1) dangerous dog appeal for the.City, in which the , Examiner upheld the decision of the Animal Control Director. The following table indicates the disposition of land use matters heard during 2009: THIRD FLOOR PUBLIC WORKS BUILDING 1026 WEST BROADWAY AVENUE,SPOKANE,WASHINGTON 99260-0245 PHONE: (509)477-7490 • FAX: (509)477-7478 • TDD: (509) 477-7133 Annual Report on City of Spokane Valley Hearing Examiner System January 25, 2010 Page 2 2009 Land Use Matters Decision Approved Denied Returned Appealed Plats 5 0 0 0 PUD's 0 0 0 0 Rezones 1 0 0 0 Change of conditions 0 0 0 0 Variances _ 0 0 0 0 Conditional Use Permits 1 0 0 0 Shoreline Permits 0 0 0 0 Administrative Appeals 1 appeal 1 appeal 0 1 granted denied Code Enforcement 0 0 0 0 Appeals B. Matters heard or decided in 2008 Because land use activity in the City was down significantly in 2009 compared to 2008 and previous years, the Examiner compiled similar information for 2008. In 2008, the Hearing Examiner conducted 13 land use hearings, and issued 18 land use decisions, for the City. One (1) decision was appealed, to the City Council. This involved a decision by the Examiner denying a rezone for a proposed subdivision, but authorizing approval of a revised subdivision based on the existing zoning. The Examiner's decision was upheld by the City Council, and the applicant later submitted a revised preliminary plat that was approved administratively by the City. The following table indicates the disposition of land use matters heard during 2008: 2008 Land Use Matters Decision Approved Denied Returned Appealed Plats 6 0 1 1 PUD's 0 0 0 0 Rezones 3 1 0 1 Change of conditions 0 0 0 0 Variances 0 0 0 0 Annual Report on City of Spokane Valley Hearing Examiner System January 25, 2010 Page 3 Conditional Use Permits 0 0 0 0 Shoreline Permits 1 0 0 0 Administrative Appeals 0 1 appeal 0 0 denied Code Enforcement 0 2 appeals 0 0 Appeal denied B. Interlocal agreement for hearing examiner services The current interlocal agreement between the City of Spokane Valley and Spokane County for hearing examiner services was entered into in 2006. The agreement automatically renews at the end of each year, for a 1-year period, unless terminated by either entity with notice. The City has been contracting with the County for hearing examiner services since the City incorporated in 2003. The hourly charge for the Hearing Examiner's services in 2010 will be $112.78. This is a reduction from the Examiner's hourly charge in 2009 of$133.51, with the reduced charge in 2010 reflecting a reduction in support staff costs. C. Observations and recommendations regarding hearing examiner system; and land use policies, regulations and procedures The Examiner believes the hearing examiner system for the City of Spokane Valley is working well. The relative lack of appeals is a sign that the recommendations by City staff, and the decisions by the Hearing Examiner, are sound with regard to land use matters heard by the Examiner. The Examiner has identified a need to issue decisions in a shorter period of time, upon consultation with the Director of the City Community Development Department; and will strictly comply with a recent amendment to the City Municipal Code that requires all land use decisions to be issued within 10 working days,unless the applicant consents in writing to a longer period of time should contingencies arise. The City recently revised the City Municipal Code to streamline, clarify and improve the process and procedures related to the Hearing Examiner. This effort was lead by the City Attorney, with significant input and recommendations provided by the Examiner. Annual Report on City of Spokane Valley Hearing Examiner System January 25,2010 Page 4 The Uniform Development Code (UDC) adopted by the City in 2008 groups all City development regulations together in one part of the City Municipal Code. This makes it easier for the Examiner, staff, developers and others involved in the land use process to deal with. The Hearing Examiner is very impressed with the staff reports and presentations submitted by City Community Development Department staff at public hearings held by the Examiner•.on land use matters. Staff has been receptive to requests made by the Hearing Examiner to ensure that staff reports address all the approval criteria that the Examiner is required to consider in issuing a land use decision. Staff presentations are second to none in terms of quality, and in the use of power point and exhibits to provide and display information. D. Other matters The City's website, under the City Community Development Department, can be accessed to obtain copies of Hearing Examiner decisions and agendas for Spokane Valley matters. The Hearing Examiner is an attorney on judicial status with the Washington State Bar Association, and a member of the Washington Association of Land Use Hearing Examiners, The Examiner attends continuing legal education (CLE) seminars on land use law each year. This typically includes the annual conference of the Washington Association of Land Use Hearing Examiners, and the State Bar mid-year seminar on land use and environmental law. The Hearing Examiner is a full-time employee of Spokane County, and has been County Hearing Examiner since 1996. Before that, the Examiner was a deputy prosecuting attorney for 16 years, specializing primarily in land use,public works and other civil matters. The Examiner has resided in the City of Spokane Valley since 1987; and is a graduate of West Valley High School in Spokane, the University of Washington, and Gonzaga Law School, The Hearing Examiner has heard numerous conflict cases over the years for the City of Spokane, on behalf of the City of Spokane Hearing Examiner. The Examiner's Office employs a staff assistant, Kristine Chase; who acts as the clerk and recorder during land use hearings conducted for Spokane Valley and Spokane County, and as office manager. Kristine is a former employee of the County Building and Planning Department. Annual Report on City of Spokane Valley Hearing Examiner System January 25, 2010 Page 5 The Hearing Examiner is not related to Rose Dempsey of the City Council (unless it is hundreds of years ago in Ireland). E, Meeting with City Manager, City Council and Director of Conununity Development Department . The Examiner welcomes the opportunity to meet with the Acting City Manager, City Council and Director of Community Development regarding this report, upon request. c: Mike Connelly, City Attorney •