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2010, 12-28 Regular MeetingAGENDA SPOKANE VALLEY CITY COUNCIL SPECIAL/REGULAR MEETING FORMAL MEETING FORMAT Tuesday, December 28, 2010 6:00 p.m. Spokane Valley City Hall Council Chambers 11707 E Sprague Avenue Council Requests Please Silence Your Cell Phones During Council Meeting CALL TO ORDER: INVOCATION: Pastor James Kashork, Holy Trinity Lutheran Church PLEDGE OF ALLEGIANCE: ROLL CALL: APPROVAL OF AGENDA: INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: Acknowledgment of Outgoing Planning Commissioners and members of other committees COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: MAYOR'S REPORT: PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject not on the agenda for action. When you come to the podium, please state your name and address for the record and limit remarks to three minutes. 1. CONSENT AGENDA Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a. Approval of the following claim vouchers: VOUCHER LIST DATE WNOUCHER NUMBERS: TOTAL AMOUNT 12 -07 -2010 21618 -21639 $84,196.69 12 -07 -2010 11241000058, 1129100009, 1130100019, 12031000006 $1,969,308.28 12 -08 -2010 3 1 3 179 -3392; 21617 $203,563.86 12 -10 -2010 21644 -21664 $148,869.74 12 -16 -2010 3394 -3397, 21665 $57,029.47 GRAND TOTAL $2,462,968.04 b. Approval of Payroll for Period Ending December 15, 2010: $256,035.26 c. Approval of City Council Study Session Format Meeting Minutes of December 7, 2010 d. Approval of City Council Formal Format Meeting Minutes of December 14, 2010 NEW BUSINESS 2. Proposed Resolution 10 -020 Amending Governance Manual — Mike Jackson [public comment] ADMINISTRATIVE REPORTS 3. Response to Public Comments Concerning Alarm System — Lt. Matt Lyons 4. Aquifer Protection Area — Neil Kersten Council Agenda 12 -28 -10 Regular Meeting Page 1 of 2 5. Energy Efficiency and Conservation Block Grant (EECBG) Status Report — Neil Kersten 6. E- Cigarettes — Cary Driskell 7. Legislative Agenda — Mike Jackson 8. Advance Agenda — Mayor Towey INFORMATION ONLY: (will not be reported or discussed) 9. Senske Contract 10. Department Reports ADJOURNMENT General Meeting Schedule (meeting schedule is always subject to change) Regular Council meetings are generally held every Tuesday beginning at 6:00 p.m. The Formal meeting formats are eg nerally held the 2 — and 4 1 ' Tuesdays. Formal meeting have time allocated for general public comments as well as comments after each action item. The Study Session formats (the less formal meeting) are generally held the 1 = t 3 = and sometimes 5 Tuesdays. Study Session formats DO NOT have time allocated for general public comments; but if action items are included, comments are permitted after those specific action items. 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. Council Agenda 12 -28 -10 Regular Meeting Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 12 -28- 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: Approval of the Following Vouchers: VOUCHER LIST DATE WNOUCHER NUMBERS: TOTAL AMOUNT 12 -07 -2010 21618 -21639 $84,196.69 12 -07 -2010 11241000058, 1129100009, 1130100019, 12031000006 $1,969,308.28 12 -08 -2010 3379 -3392; 21617, 21640 -21643 $203,563.86 12 -10 -2010 21644 -21664 $148,869.74 12 -16 -2010 1 3394 -3397, 21665 $57,029.47 GRAND TOTAL $2,462,968.04 RECOMMENDED ACTION OR MOTION: Approve claims for vouchers as listed above. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Ken Thompson, Finance Director ATTACHMENTS Voucher Lists vchlist Voucher List 'Page: 1 1210712010 3;15:39PM Spokane Valley Bank code: , apbank Voucher Date Vendor Invoice PO # Description/Account Amount 21618 12/7/2010 000197 AIRFACTZ 48646 BACKGROUND CHECKS: HR 20.00 Total: 20.00 21619 12/7/2010 001012 ASSOC BUSINESS SYSTEMS 447100 COPIER COSTS: LEGAL} 123.96 447196 'COPIER COSTS: CD 318.31 Total : 442.27 21620 1217/2010 000694 AVISTA UTILITIES 166721 STREET LIGHT TRANSFORMER 1,173.00 Total : 1,173.00 21621 12/7/2010 000957 COBALT TRUCK EQUIPMENT 27451 ORANGE MARKERS 159.89 Total: 159.89 21622 12/7/2010 000109 COFFEE SYSTEMS INC 3820:067523 SERVICE COMPONENT FEE 32.61 Total : 32.61 21623 12/7/2010 000734 DEPT OF TRANSPORTATION RE 313- ATB01109060 STATE ROUTE ROADWAY MAINT. 4,107.38 RE- 313- ATB01109063 SIGNAL & IL..LUMUNATION MAIN 3,518.48 RE- 313ATB01109113 SPRAGUEISULLIVAN PCC INTERSE 69.58 Total: 7,695.44 21624 12/7/2010 002385 DKS ASSOCIATES 46712 42621 ARGONNE CORRIDOR SIGNAL & D 9,401.76 Total : 9,401.76 21625 1217/2010 000278 DRISKELL, CARY EXPENSES EXPENSE REIMBURSEMENT 64;40 Total: 64.40 21626 121//2010 001232 FASTENAL CO PURCHASING IDLEJV71664 42527 2010 SMALL TOOLS & EQUIP 158.88 Total: 158.88 21627 • 1217/2010 002507 FASTENERS, INC 52922306.002 SUPPLIES:PW 97.03 Total: 97.03 21628 121712010 001447 FREE PRESS PUBLISHING INC 35126 LEGAL PUBLICATION 113.60 Total : 113.60 21629 121712010 001253 GORDON THOMAS HONEYWELL Nov 101042 LOBBYIST SERVICES 3,022.52 Page: 1 vchlist Voucher List Page: 2 12/0712010 3:15:39PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO #J: Description/Account Amount 21629 12/7/2010 001253 001253 GORDON THOMAS HONEYWELL (Continued) Total : 3,022.52 21630 12/712010 001723 HEDEEN & CADITZ, PLLC 6596 PROFESSIONAL SVCS 11,862.20 Total : 11,862.20 21631 12/712010 001728 HP FINANCIAL SERVICES CO 600272001/600272150 DECEMBER 2010 LEASE PYMT 2,441.42 Total : 2,441.42 21632 12/7/2010 '002384 IMS INFRASTRUCTURE MGMT. 11510 -2 42620 CARTEGRAPH DATA COLLECTION 5,754.90 Total: 5,754.90 21633 12/7/2010 002218 MOTOROLA SOLUTIONS INC 13815637 42655 WASH CONT. ## 02702 - QUOTE## QI 3,437.10 Total : 3,437.10 21634 12/7/2010 000019 PURRFECT LOGOS, INC. 26761 REPLACEMENT OF VINYL GRAPHI( 463.06 26789 GRAPHICS DONE TO POLICE VEHI 858.73 Total : 1,321.79 21635 1217!2010 000322 QWEST NOVEMBER 2010 NOVEMBER PHONE SERVICE 357.83 Total : 357.83 21636 121712010 000001 SPOKANE CO TREASURER 401003224 PUMP SERVICES 387.31 51500440 OCTOBER 2010 JAIL HOUSING 35,768.74 Total: 36,156.05 21637 12/7/2010 000419 SUMMIT LAW GROUP 48751 PROFESSIONAL SERVICE 245.00 Total: 245.00 21638 12/7/2010 000797 -THE KIPLINGER LETTER 0499034924 SUBSCRIPTION RENEWAL 89.00 Total : 89.00 21635 12/7/2010 002215 VANGUARD CLEANING SYSTEMS 17255 MAINTENANCE FACILITY 150.00 Total : 150.00 22 Vouchers for Dank code: apbank Bank total : 84,196.69 22 Vouchers in this report Total vouchers : 84,196.69 Page: 2 vchlist 1210712010 3:15 Bank code : apbank Voucher Date Vendor Voucher List Spokane Valley Invoice P09 Description /Account Amount Voucher List .- i k) �y Voucher Date Vendor Invoice Description of Charges Amount 1124100058 11/2412010 002244 AOT PUBLIC SAFETY CORPORATION SPKVLY - 11 CRY WORLF CHARGES FOR OCTOBER 2010 2,261.97 1129100009 11/29/2010 000497 Bank of New York 1104/10 - 1629 Debt Services Payment for December 2010 407,511.25 1130100019 11/30/2010 000001 Spokane CO Treasurer Nov -10 Sheriff Services for Nov 2010 1,378,335.12 1203100006 12/3/2010 000001 Spokane CO Treasurer Nov -10 Spokane Co Services 181,199.94 Total Vouchers 1,969,308.28 System errors caused voucher numbers to become unsequence from fast check run and had to councel entire check run except forthe wire transfers. 1, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify said claim. Finance Director Date Mayor Council Member Date Date Page: 3 vchiist 12108/2010 8:05:08AM Voucher List Spokane Valley Page: 1 Bank cade : apbank Voucher Date Vendor Invoice PO # Description /Account Amount 3379 12/3/2010 000048 VANTAGE TRANSFER AGENTS, 401A PLAN Ben35941 401A: Payment 24,537.28 Total : 24,537.28 3380 12/3/2010 000682 EFTPS Ben35943 FEDERAL TAXES: Payment 28,983.10 Total: 28,983.10 3381 12/3/2010 000145 VANTAGEPOINT TRANSFER AGENTS, 457 PL Ben35945 457 DEFERRED COMPENSATION: Payr 4,012.63 Total: 4,012.63 3382 12/3/2010 000162 VANTAGE TRANSFER AGENTS, 401A EXEC P Ben35947 401 EXEC PLAN: Payment 1,026.67 Total ; 1,026.67 3392 12/3/2010 000682 EFTPS Ben35951 FEDERAL TAXES: Payment 1,187.32 Total: 1,187.32 21617 12/3/2010 000165 DEPT OF RETIREMENT SYSTEMS Ben35931 PERS: Payment 43,428.79 Total : 43,428.79 21640 12/3/2010 000120 AWC Ben35935 HEALTH PLANS: PAYMENT 91,284.08 Ben35949 HEALTH PLANS (COUNCIL): PAYMENT 5,453.32 Total: 96,737.40 21641 12/3/2010 001896 DANIEL H BRUNNER Ben35939 HOLTEN, M 07- 03752- PCW13: Payment 50.00 Total; 50.00 21642 12/3/2010 002227 IDAHO TAX COMMISSION Ben35937 IDAHO STATE TAX BASE: Payment 1,383.16 Total: 1,383.16 21643 12/3/2010 000699 WA COUNCIL CO /CITY EMPLOYEES Ben35933 UNION DUES: Payment 2,217,51 Total: 2,217.51 10 Vouchers for bank code.- apbank Bank total : 203,563.86 10 Vouchers in this report Total vouchers: 203,563.86 Page: 1 vchlist Voucher List Page: 1 12110/2010 2:33:04PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO ## Description/Account Amount 21644 12/10/2010 000506 ASCE 1041103998 ASCE MEMBERSHIP DUES: JOHN 1• 235.00 Total : 235.00 21645 12/10/2010 001862 BISCHOFF, PATTY Expenses EXPENSE REIMBURSEMENT 14.50 Total : 14.50 21646 12/10/2010 000918 BLUE RIBBON LINEN SUPPLY INC 9174846 LINEN SUPPLY 269.09 S0048278 LINEN SUPPLY 62.45 S9172323 LINEN SUPPLY AND SERVICE 40.53 Total : 372.07 21647 12/10/2010 000572 CARTER, CAROL Expenses EXPENSE REIMBURSEMENT 23.69 Total : 23.69 21648 12/10/2040 000686 DEPT OF LICENSING December 2010 ARCHITECT LICENSE: NEIL KERST 99.00 Total : 99.00 21649 12/10/2010 002157 ELJAY OIL COMPANY 0629386 SUPPLIES: PW 225.47 Total : 225.47 21650 12/10/2010 001447 FREE PRESS PUBLISHING INC 35202 LEGAL PUBLICATION 73.60 35303 LEGAL PUBLICATION 24.00 35305 LEGAL PUBLICATION 92.65 Total : 190.25 21651 12/10/2010 002076 GINNO CONSTRUCTION OF IDAHO Retainage Release DISCOVERY PARK CONSTRUCTIOI 76,074.90 Total : 76,074.90 21652 12/10/2010 002196 HOLTEN, MELISSA Expenses EXPENSE REIMBURSEMENT 53.31 Expenses EXPENSE REIMBURSEMENT 21.55 Total : 74.86 21653 12/10/2010 000070 INLAND POWER & LIGHT CO November 2010 UTILITIES: PW 474.66 Total : 474.66 21654 12/10/2010 000252 LOWE'S BUSINESS ACCOUNT NOV 2010 OPERATING SUPPLIES: CP 300.15 Page: 1 vchlist Voucher List Page: 2 12/10/2010 2:33:04PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice 21654 12/10/2010 000252 000252 LOWE'S BUSINESS ACCOUNT (Continued) 21655 12/10/2010 001684 MARKETING SOLUTIONS NW CP 11/23/2010 P &P 21656 12/10/2010 000652 OFFICE DEPOT INC. 21657 12/10/2010 002467 QWICK KURB, INC. 21658 12110/2010 000709 SENSKE LAWN & TREE CARE INC. 540589830001 540709527001 541003984001 541607170004 541607518001 541607519001 103116 3352169 3355235 3357898 3357947 3358026 3358591 3358593 3374402 3379397 3379459 3382178 3382195 3710890 3730932 3731482 3731486 3731497 3737821 3742926 3743020 3751768 PO # Description/Account Amount Total : 300.15 ADVERTISING 1,205.00 Total: 1,205.00 OFFICE SUPPLIES: PW 11.67 OFFICE SUPPLIES: PARKS AND RE 365.87 OFFICE SUPPLIES: PARKS AND RE 121.47 OFFICE SUPPLIES: FINANCE 12.23 OFFICE SUPPLIES - FINANCE 6.34 OFFICE SUPPLIES - FINANCE 49.63 Total: 567.21 SUPPLIES FOR STREETS 736.26 Total: 736.26 CONTRACT MAINTENANCE: PRECI 217.40 CONTRACT MAINTENANCE: PRECI 217.40 CONTRACT MAINTENANCE: PRECI 217.40 CONTRACT MAINTENANCE: PRECI 217.40 CONTRACT MAINTENANCE: PRECI 108.70 CONTRACT MAINTENANCE: PRECI 217.40 CONTRACT MAINTENANCE: PRECI 108.70 CONTRACT MAINTENANCE: PRECI 81.53 CONTRACT MAINTENANCE: PRECI 108.70 CONTRACT MAINTENANCE: PRECI 81.53 CONTRACT MAINTENANCE: PRECI 108.70 CONTRACT MAINTENANCE: PRECI 81.53 CONTRACT MAINT: CENTERPLACE 44,562.40 CONTRACT MAINTENANCE: PRECI 81.53 CONTRACT MAINTENANCE: PRECI 108.70 CONTRACT MAINTENANCE: PRECI 217.40 CONTRACT MAINTENANCE: PRECI 81.53 CONTRACT MAINTENANCE: PRECI 108.70 CONTRACT MAINTENANCE: PRECI 108.70 CONTRACT MAINTENANCE. PRECI 108.70 42553 2010 EMERG TRAFFIC CONTROL S 530.46 Page: 2 vchlist Voucher List Page: 3 1211012010 2 :33 :04PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO # Description /Account Amount 21658 12/10/2010 000709 SENSKE LAWN & TREE CARE INC. (Continued) 3864291 CONTRACT MAINT: DISCOVERY PL 5,445.40 4087678 42553 2010 EMERG TRAFFIC CONTROL S 1,017.43 4087679 42553 2010 EMERG TRAFFIC CONTROL S 65220 Total: 54,789.54 21659 12/10/2010 002285 SKINFILL, LINDSEY Expenses EXPENSE REIMBURSEMENT 10,82 Total: 10.82 21660 12/10/2010 002306 TERRELL, LANDSCAPE ARCHITECT, Mlt 511 42666 GREENACRES PARK PHASE I DES 871.25 512 42665 TERRACE VIEW SHELTER ARCHITI 898.55 Total: 1,769.80 21661 12/10/2010 001444 UNITED LABORATORIES 32220 SUPPLIES AT CENTERPLACE 401.02 Total: 401.02 21662 12/10/2010 001219 WA AUTO CARRIAGE 43076 SNOW PLOW INSTALLATION 7,281.81 87788 SNOW PLOW SUPPLIES 161,78 Total: 7,443.59 21663 12/10/2010 000038 WASTE MANAGEMENT OF SPOKANE 0052379- 1518 -5 WASTE MGMT: PW NOV 2010 2,433.13 2840540 - 2681 -0 WASTE MGMT: CENTERPLACE 734.76 2840541 - 2681 -8 WASTE MGMT: PRECINCT 285.27 2840542- 2681 -6 WASTE MGMT: PW 173.79 Total: 3,626.95 21664 12/10/2010 000347 WORLEY, STEVE Expenses EXPENSE REIMBURSEMENT 235.00 Total: 235.00 21 Vouchers for bank code: apbank Sank total : 148,869.74 21 Vouchers in this report Total vouchers: 148,869,74 Page: 3 vchlist Voucher List Page: 1 12116/2010 11:01:44AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO # DescriptiordAccount Amount 3394 12/20/2010 000048 VANTAGE TRANSFER AGENTS, 401A PLAN Ben36124 401A: Payment 23,686.70 Total: 23,686.70 3395 1212012010 000682 EFTPS Ben36126 FEDERAL TAXES: Payment 28,069.79 Total: 28,069.79 3396 12/20/2010 000145 VANTAGEPOINT TRANSFER AGENTS, 457 PL Sen36128 457 DEFERRED COMPENSATION: Payr 4,098.81 Total: 4,098.81 3397 12/20/2010 000162 VANTAGE TRANSFER AGENTS, 401A EXEC P Ben36130 401 EXEC PLAN: Payment 1,026.67 Total: 1,026.67 21665 12/20/2010 001169 CITY OF SPOKANE VALLEY Ben36120 MISC DEDUCTION: Payment 147.50 Total: 147.50 5 Vouchers for bank code: apbank Bank total : 57,029.47 5 Vouchers in this report Total vouchers : 57,029.47 I, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that 1 am authorized to authenticate and certify said claim. Finance Director Date Mayor Date Council Member Date Page: 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 28, 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: Payroll for Period Ending December 15, 2010 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: Budget /Financial impacts: Gross: $ 226,423.78 Benefits: $ 29,611.48 Total payroll $ 256,035.26 STAFF CONTACT: Ken Thompson ATTACHMENTS DRAFT MINUTES SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Spokane Valley City Hall Council Chambers Spokane Valley, Washington December 7, 2010 6:00 p.m. Attendance: Councilmembers Staff Tom Towey, Mayor Mike Jackson, City Manager Gary Schimmels, Deputy Mayor Cary Driskell, Acting City Attorney Rose Dempsey, Councilmember Mike Stone, Parks & Recreation Director Bill Gothmann, Councilmember Ken Thompson, Finance Director Dean Grafos, Councilmember Rick VanLeuven, Police Chief Brenda Grassel, Councilmember Morgan Koudelka, Sr. Administrative Analyst Neil Kersten, Public Works Director Absent: Carolbelle Branch, Public Infonnation Officer Bob McCaslin, Councilmember Chris Bainbridge, City Clerk At the Mayor's request, City Clerk Bainbridge called roll, all councilmembers were present except Councilmember McCaslin. It was moved by Councilmember Grafos, seconded and unanimously agreed to excuse CouncilmemberMcCaslin from tonight's meeting. ACTION ITEMS 1. Public Hearing: Amending 2010 Budget — Ken Thompson Mayor Towey opened the public hearing at 6:02 p.m. and invited Finance Director Thompson to the podium. Mr. Thompson explained that the reason for the proposed amendment is to recognize the increase in premiums for liability, unemployment and property insurance for 2010, and to adjust for the accrual of December's debt service expense to be paid in 2011; that the debt service adjustment would be $25,000; and the insurance adjustment would be $60,000. Mayor Towey invited public comment; no comments were offered and Mayor Towey closed the public hearing at 6:04 p.m. 2. First Reading Proposed Ordinance Amending Spokane Valley Municipal Code 2.75 (Public Records) — Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Dempsey and seconded to advance this ordinance amending Spokane Valley Municipal Code 2.75 relating to public records, to a second reading. Acting City Attorney Driskell explained that of the changes noted in the document, three are substantive: (1) adding the provision of providing an internet address and /or link to assist in record location; (2) that if the requestor is making copies, the City may stop such copying if records are being damaged or becoming disordered; and (3) removing the fees from the ordinance and placing them in the master fee schedule, adopted by resolution. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3. First Reading Proposed Ordinance Amending 2010 Budget — Ken Thompson After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Gothmann and seconded to advance the ordinance amending the 2010 budget to a second reading. Finance Director Thompson noted that the second reading is set for the December 14 council meeting. Mayor Towey Council Study Session Minutes, December 7, 2010 Page 1 of 5 Approved by Council: DRAFT invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4. Proposed Resolution 10 -019 Amending Master Fee Schedule — Ken Thompson It was moved by Deputy Mayor Schimmels and seconded to approve resolution 10 -019 amending the master fee schedule for 2011. Finance Director Thompson explained that each year we amend our fee schedule as necessary; and explained that the changes for 2011 include (1) new fee of pipe and drape rental at CenterPlace for $100.000 per day; (2) new fee of chair cover rental at CenterPlace for $3.00 per chair per day, (3) amending the binding site plan alteration fee from $1,474 to $278.00; (4) clarifying that the commercial site plan review of $550 includes $275.00 for one division review in planning or engineering, and $550 for two division review; (5) new fee of $50.00 for single family /duplex site plan review; (6) correcting a typographical error for a mechanical permit fee for heat pump /air conditioner from $437 to $37.00; and (7) adding in the aforementioned fees associated with public record requests. Mayor Towey invited public comment, no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. NON - ACTION ITEMS: 5. Lodging Tax (Hotel /Motel Grant) Proposals for 2011 — Ken Thompson Finance Director Thompson explained that lodging tax receipts are used to promote tourism, and each year we ask the public to suggest methods to promote tourism, he said the lodging tax advisory committee reviews the requests and makes recommendations to council. Mr. Thompson said we usually have funds remaining at the end of the year as the agencies don't always spend all their allocation; and he estimated we would have $30,000 left over after these allocations, which motion is scheduled for next week's council meeting. It was mentioned that the HUB presentation was not included on the minutes, and Mr. Thompson said he will get those minutes corrected. Council concurred to have this brought forward at next week's meeting. 6. Street and Stormwater Maintenance Contract Renewals — Neil Kersten Public Works Director Kersten said that the Poe Asphalt Paving contract was in response to a Request for Proposal (RFP) issued in 2007, that the contract has seven, one -year renewal options ; that Poe requested a 4% increase to their unit bid prices for labor, and a 1.2% increase for equipment rates, which is the Consumer Price Index -Urban areas rate. Mr. Kersten said Poe has done an excellent job; that their contracts are based on actual labor and equipment costs; since they have union agreements, the labor went up 4 %; he said Poe's workers are highly skilled and said that many times leads to the work getting done faster and more efficient. Councilmember Grassel said she would like to use as many local businesses as possible and perhaps that is something to discuss in the future; and Mr. Kersten agreed that would be a separate discussion in terms of purchasing and in keeping within code and state statute provisions. There was no objection from Council to move forward with a motion consideration for the contract at next week's meeting. 7. "AAA" Sweeping Contract — Neil Kersten Public Works Director Kersten said this RFP was conducted about same time as the Street and Stormwater Maintenance proposal; that this contract also has seven, one -year renewal options; that AAA has done excellent work; that we have increased the service from just sweeping in the spring and fall, to include sweeping the arterials every couple of weeks, which helps keep materials out of the drywells and keeps the dust down; and he noted the rates are going up by the CPI of 1.2% as noted in the contract. Mr. Kersten brought Council's attention to the corrected Exhibit A which contains this year's figures rather than last year's figures. Mayor Towey said he has received many citizen comments about how clean our streets are. There was no objection from Council to move forward with a motion consideration for the contract at next week's meeting. Council Study Session Minutes, December 7, 2010 Page 2 of 5 Approved by Council: DRAFT 8. "AAA" Vactoring Contract — Neil Kersten Mr. Kersten said this contract is similar to the sweeping contract, but this was done for only five years and this is the last year; he explained that vactoring cleans out the drywells much like a huge vacuum; and he mentioned the allowed increases at the rate of the CIP -U rate of 1.2 %. There was no objection from Council to move forward with a motion consideration for the contract at next week's meeting. Mr. Kersten also mentioned that staff is working on the underground injection control program and that we have to meet certain guidelines; that we are on track but this cost will increase over time. 9. Quiet Zones (Railroad Crossings) — Neil Kersten Mr. Kersten said this information was included in a previous council packet as an "information only" item, that a group of neighbors in the northwest part of Spokane Valley submitted a petition with approximately 170 signatures, asking for the installation of a Quiet Zone at the Union Pacific crossings at Park Road and at Vista Road, he mentioned that the Federal Railroad Administration (FRA) has very specific guidelines on how to go through this upgrade, and said it is very expensive. Mr. Kersten explained that because Park Road crossing does not currently have gates, the improvements would be substantial, and installation of a quiet zone at Vista would likely be less expensive depending on the option selected, and mentioned that the attached information shows estimates between $100,000 and $500,000 for each crossing. Mr. Kersten said that some options would require the closure of the intersection of Rutter Avenue at Park Road and Euclid Avenue at Vista Road because of their close proximity to the tracks. Mr. Kersten said there are no funding programs specifically for quiet zones, although the Washington Utilities and Transportation Commission offers a small grant program of generally less than $20,000 for crossing safety improvements. Mr. Kersten said he spoke with the Union Pacific (UP) representative and their review time alone was 12 -16 months, so this is at least a two to three year process and would require a lot of staff and consultant time, plus time to actually do the project, that there is a clear process and said he is looking for council direction; and said that he has been working for years with UP on the Pines crossing and it is still not resolved on who pays for what in fixing that, adding that it is a very slow process. Mayor Towey asked if there is anything that could be done to try to resolve some of the issues the neighbors have addressed. Mr. Kersten said there are specific guidelines on how to blow the whistle, that we could try to monitor that but that has never been done and they would need to research options; he said we don't have the authority to enforce regulations but could research to see about repercussions of UP not following rules. Councilmember Dempsey said she would like to start now and Councilmember Grafos agreed. Deputy Mayor Schimmels asked about the long period of parking the trains and Mr. Kersten agreed that too would have to be researched. City Manager Jackson agreed staff can perform the research but said we don't have authority and perhaps we could examine what other cities have done to address similar issues. Mr. Kersten said if we move ahead with a design and getting the approval, there would be costs associated with that, but that he can research that and bring Council those figures. Councilmember Gothmann agreed it would be good to get things started, and suggested Park Road is the higher priority of the two roads. Mr. Kersten concurred that the traffic volume is probably higher on Park and staff will research that as well. Mr. Jackson said staff will work on gathering the research and will schedule another administrative report to council with more detail. 10. Interlocal Agreements Amendments: Jail and Geiger Site — Morgan Koudelka Senior Administrative Analyst Koudelka explained that the Geiger Confinement Work Crew Contract and the Jail Services Contract each have a proposed amendment; that beginning January 1, 2010, Spokane County combined the Jail and Geiger operations into one budgetary department and the Sheriff s Office implemented a new billing methodology, but it would conflict with existing agreements. Due to this conflict, he explained, the City has been paying the rates from the previous year as directed via contract. He explained that staff has been negotiating with County staff to develop a new contract for detention services, but in the meantime, staff recommends that the current agreements be amended to allow the City Council Study Session Minutes, December 7, 2010 Page 3 of 5 Approved by Council: DRAFT to pay according to the County's proposed methods, adding that a settle and adjust reconciliation will still occur after the year is complete in order to adjust to actual costs. There was no objection from Council to move forward with a motion consideration for these contracts at next week's meeting. 11. Animal Control Regional Facilitv — Morgan Koudelka Senior Administrative Analyst Koudelka went through the PowerPoint presentation, which was the presentation given by Spokane County to managers and elected officials November 3, 2010, and explained that the two issues driving the consideration of a new facility are (1) if Spokane joined the County Animal Control, they would be a large consumer and the current facility can't handle that; and (2) the current facility would need some major system improvements in the next few years which could cost millions as there are a lot of shortfalls with the current facility. He added Animal Control feels the facility is inadequate for long -term services, he said the land is owned by the County Road Department and they were told they'd have to begin charging for a lease to animal control for use of that land. Mr. Koudelka said we have been part of a committee that was formed to examine options for a facility moving forward; and said if they moved forward, they would be looking at $15 million over 20 years, and they could be looking at placing this on the August 2011 ballot. Mr. Koudelka said the County is looking at costs first; and if that is not possible, the other issues are not worth being pursued, and he said the City of Spokane doesn't want to pursue this unless everything else in line to make that happen. It was noted the regional committee will report back to the jurisdictions in March of 2011. Mayor Towey called for a recess at 7:20 p.m. and reconvened the meeting at 7:30 p.m. 12. Senate Bill 6225 and Letter of Support — Mayor Towey Mayor Towey said he reviewed the proposed bill and the November 17 request for support letter from the City of Connell concerning the proposed legislation to address population issues as well as number of councilmembers in small cities; and he asked if Council was in favor of sending a letter of support to the City of Connell, adding that Connell and Airway Heights are the only two cities which would be affected by small city populations and including prison populations. Discussion included support from Association of Washington Cities on this issue; grant opportunities based on city populations, and of this Council's desire to assist sister cities in eastern Washington. Council determined it would be reasonable and justified to send both cities a letter of support, supporting the cities in their endeavors to enhance their citizens without getting into the details of the proposed bill; and that staff will draft two letters for next week's council meeting motion consideration. 13. Advance Agenda — Mayor Towey Council decided not to meet December 21, 2010. 14. Information Only Department Reports, Permit Tracking System, Hazard Mitigation Plan, School Zone Speed Limit, Response to Public Comment (Hotteez), Governance Manual Televideo Participation, and Coyote Rock were for information only and not reported or discussed. 15. Council Check In — Mayor Towev Mayor Towey mentioned he received a notice this afternoon that Parks and Recreation Administrative Assistant Patty Bischoff was recently awarded the 2010 Customer Service Award from the Park & Recreation Association. 16. City Manager Comments — Mike Jackson Mr. Jackson said he would like to give Council an update on the snow plowing effort; he said the new Citizen Request System is in and they recorded about 350 calls; and through this new system they are able to guarantee resolution on those calls as they track not only the call but where the call generates from, he said staff has done a very good job and emphasized the great work done by the front counter and public works staff. Mr. Jackson said they might not have made everyone happy, but the effort was made. Council Study Session Minutes, December 7, 2010 Page 4 of 5 Approved by Council: DRAFT Public Works Director Kersten said they started to hit the streets over the weekend and on Thanksgiving day in the afternoon to try to have the roads ready for the 4:00 a.m. Black Friday shopping frenzy; he said they handled the arterials and keep the de -icing in pretty good shape and by Saturday could see that they would have to get the residential streets as well. Mr. Kersten said they felt they had almost every street completed by the following Wednesday, but it kept snowing and by Thursday night they were receiving complaints, he said they didn't want to plow again but after he and Mr. Jackson drove around they determined it would in fact be necessary to plow again, which was ultimately completed by Sunday. Mr. Kersten said they had one contractor decide not to work with us anymore; that there is a small but vocal group of people who don't like berms across their driveways and they made their displeasure known to the contractor, who informed Mr. Jackson that the job wasn't worth it. Mr. Kersten said they did get a replacement, adding that it's a tough job, that 80 -90% of the population wants their street plowed but a very small but very vocal group do not. Mr. Kersten said he received a lot of compliments overall; that they did miss a few streets but went back out and got them, adding that all the crews did well and put in a lot of hours. There was some discussion about the 2 -1 -1 help line and Mr. Jackson said he will check to see if we can get some data on those calls. Mr. Jackson also mentioned that the information line is updated twice a day, even on weekends as staff can remotely access that voice mail. Mr. Kersten said he met with others in the area involved with road maintenance, and the system has improved and everyone is more organized, keeping in mind there's always room for improvement; and said one of the best improvements is the GPS units in the plows, which has proven to be a great system for management. 17. Executive Session: Pending Litigation fRCW 42.30.110(i)1 It was moved by Mayor Towey seconded and unanimously agreed that Council adjourn into executive session for approximately thirty minutes to discuss pending litigation, and that no action would be taken upon return to open session. Council adjourned into Executive Session at 8:10 p.m. At 8:40 p.m. City Manager Jackson announced the meeting would be extended for approximately 20 minutes. At 9:05 p.m. it was announced the meeting was again extended for an additional 30 minutes. At 9:17 p.m. Mayor Towey declared Council out of Executive Session, after which it was moved by Councilmember Dempsey, seconded and unanimously agreed to adjourn. ATTEST: Christine Bainbridge, City Clerk Thomas E. Towey, Mayor Council Study Session Minutes, December 7, 2010 Page 5 of 5 Approved by Council: DRAFT MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, December 14, 2010 Mayor Towey called the meeting to order at 6:00 p.m. Attendance: City Staff Tom Towey, Mayor Mike Jackson, City Manager Gary Schimmels, Deputy Mayor Cary Driskell, Acting City Attorney Rose Dempsey, Councilmember Ken Thompson, Finance Director Bill Gothmann, Councilmember Kathy McClung, Community Development Dir. Dean Grafos, Councilmember Mike Stone, Parks & Recreation Director Brenda Grassel, Councilmember Rick VanLeuven, Police Chief Bob McCaslin, Councilmember Neil Kersten, Public Works Director Morgan Koudelka, Sr. Administrative Analyst Greg Bingaman, IT Specialist Carolbelle Branch, Public Infonnation Officer Chris Bainbridge, City Clerk INVOCATION: Pastor Darrel Cole gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Towey led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all councilmembers were present. APPROVAL OF AGENDA: It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Gothmann: mentioned he attended the Spokane Valley Business Association meeting where representatives from the Sheriff s Office talked about officer - involved shootings; attended two different veteran programs; the Fair Housing meeting; SNAP Board meeting; Transportation hnprovement Board meeting at Everett where they discussed grants distributed according to populations; met with the City's lobbyist in Everett; participated in the Governance Manual committee meeting to re- word and make more clear the section concerning councilmembers attending a council meeting via video or teleconference; attended the Governor's Affairs Meeting where they discussed Central Valley School District's Capital Facilities Plan and bond proposal; came to the Auditor's Exit Meeting here in Council chambers, the Chamber of Commerce Meeting; 9 -1 -1 Board Meeting where they passed a resolution concerning authority of the Field Commander returning a 911 call; the National League of Cities meeting; a meeting with CH2M Hill; went to the National Renewable Energy Lab where they are working on all forms of energy, such as wave, wind, and bio -mass, and he met an individual from the Institute of Building Technology and Safety and asked him if he could assist us in how to reduce the energy load in a building if we were to consider building a city hall; went to the Home Depot concerning their program to assist cities on community development, and he suggested we contact them concerning their program. Councilmember Dempsey reported she went to the Christmas Tree Lighting where a chorus of fourth and fifth graders sang; attended the Health Board meeting where they heard a presentation on a program Council Regular Meeting 12 -14 -2010 Page 1 of 14 Approved by Council DRAFT called Student Based Health Care that comes into the schools and snakes presentations on oral health, and also heard comments about why we don't have fluoride in our water; and she attended the Emergency Storm Management meeting which was based on the snow storm of two years ago. Councilmember Grafos said he filled in for the Mayor at the 8th Annual Festival of Lights at U -City; went to the annual Convention and Visitor's Bureau dinner and meeting; participated in our City's finance committee where our Public Works Director presented information about possible city hall sites at CenterPlace on part of city -oAmed 54 acres; and Councilmember Grafos said if we have a city hall in the future, it should be built at CenterPlace; adding that he would like to discuss that topic at the Council's winter retreat. Deputy Mayor Schimmels: said he attended a Spokane Transit Authority meeting; a Spokane Regional Transportation Council meeting where they discussed their funding analysis for next year; went to a Solid Waste Advisory Committee and Liaison Board meeting; attended the National League of Cities conference in Denver, and said he will get councilmembers information on the finance and the economic development classes he attended, and participated on the City's Finance Committee. Councilmember Grassel explained that she attended the Spokane Valley Heritage Museum tea where they heard some history of the valley; went to the economic forecast annual event of Greater Spokane, hlc.(GSI); attended the monthly city forum event at First Presbyterian Church; met privately with Chamber of Commerce CEO Eldonna Shaw; attended a teenage luncheon held to promote teenaid and their abstinence programs; went to a GSI legislative session held at the Lincoln Center where the state budget was discussed; attended the Spokane Motel/Hotel Association dinner; the tree lighting ceremony at U -City; the City's State audit conference, and the Chamber of Commerce meeting. Councilmember McCaslin: said there was a Legislative Committee Assembly between sessions and the House called a special session Saturday, but due to health reasons, he could not attend. MAYOR'S REPORT: Mayor Towey reported that he attended the National League of Cities conference in Denver, attended some classes there but said he got a lot of information from the different elected officials; attended the Fairchild Air Force Base Mayor's breakfast; met with the Central Valley School District Superintendent and the Mayor of Liberty Lake; met with Aaron Vincent, the Eastern Washington Director for Senator Patty Murray; went to the Exit Audit in our council chambers and he extended his congratulations to Finance Director Ken Thompson for a fine job; went to the Chamber of Commerce holiday social at CenterPlace; met with Mayor Truelove from Cheney; attended the League of Women Voters luncheon for elected officials; met with Commissioner Elect Al French and said they talked about different things both entities will face in 2011. Mayor Towey announced that Mr. Dick Denenny, who is in attendance tonight, was honored with the Harry E. Nelson Citizen of the Year award, which will be awarded at the Chamber's Gem of the Valley event January 22. PUBLIC COMMENTS: Mayor Towey invited general public comments. Allan E Hinkle, 11916 E Sprague in reading from his statement, said that on the 16 of November at 9:30 p.m., " I was at home and someone rang my doorbell. I answered the door and my alarm went off. I went to the alarm Control Station and shut it off using the correct codes. I spoke with the person at the front door. ADT is my alarm monitoring company, and phoned and left a message saying I entered the correct information and did not have to do anything else unless there was a problem. Ten days later I received a bill for $85.00 from the City of Spokane Valley False Alarm Reduction Unit. This is a bogus bill and blatantly untrue. It states that the Spokane Valley Police Department responded to this alann. They did not respond so no bill should have been sent and no funds due. I checked with the Spokane Police Records Department regarding the incident about a report and there was no report written and no response." He further explained that he also came over to City Hall and got the packet of information on Council Regular Meeting 12 -14 -2010 Page 2 of 14 Approved by Council: DRAFT the code; said he feels this is not what was intended and that it needs to be changed. He said if you call this false alarm response unit, they don't really help a lot; and said he had to go through four or five different people in and out of the government to find out where to go; said he filed a written response to what he referred to as the "Alarm Czar" and said he has not heard back from them yet. He said the alarm did go off, they did call; it was cancelled right away, and said as he sees it, the person in charge when the Spokane Valley Police Department takes the information and passes it one side of the desk to the other; and there you go "bill them $85.00" and said he would appreciate it if the council would address this and said surely he is not the only person this is happening to. He said he has only had the alarm for a year; that you must pay a fee to register, and said he doesn't think this is right and should not be set up or enforced the way it is. Councilmember Gothmann asked if the letter's reference is to the Spokane Police or the Sheriffs Department and Mr. Hinkle said that all the records are housed in one place. Mr. Hinkle said the last page of his handout references Tiffiny Ryan of Spokane Police Records. Councilmember Grassel asked Mr. Hinkle if he appealed to Cry Wolf and he said he has but has not yet received a response. Councilmember McCaslin asked if this is mandatory that this be paid or can it be negotiated and not paid. Attorney Driskell said there is an appeal process and a resource set up in the event of an error, but said we doesn't give blanket discretion or authority to waive or not waive the fine without criteria. Councilmember McCaslin said appeals take time and asked if it should be examined to see if there is an expeditious way to take care of this, especially where no cost was involved. City Manager Jackson said staff will look into the circumstances, find out what happened, and try to determine how often this type of incident occurs. Karla Kalev, KPS Management, 10516 E. Main: she said she dealt with this about a year ago when she received paperwork in the mail about charging $85.00 for every false alarm; she said this is a revenue generator; which is what this is designed to do; and said when she addressed the Police Department responsible for implementing this program, she discovered a third party company that does the management of this service, which does the billing, and said there is a "huge disconnect between the billing people and the police department" and said she supports responder personnel, but said this is supposed to pay for officers who even do a drive -by; she asked if an alarm goes off and someone else calls, but when the police arrive no one is there, she said she was told that would be considered a false alarm and would be charged; and asked that this issue be further looked into as it is frustrating. Councilmember Dempsey asked if staff can look into this as she is sure this is not what was intended; and Mr. Jackson agreed staff will look into this and return with an update to council. Tony Lazanis, Spokane Valley said he agrees with the Hinkle, said this is to enrich somebody but he doesn't know who; and said he hopes Council will take care of it; and said he doesn't feel it is a very good system now. 1. CONSENT AGENDA Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a. Approval of the following claim vouchers: VOUCHER LIST DATE W/VOUCHER NUMBERS: TOTAL AMOUNT 04/19/2010 20014 -20061 $317,147.25 06/21/2010 5030 -5060 $2,776.00 07/01/2010 20520 $44.38 11/02/2010 21394 -21418 $74,057.56 11/04/2010 3349 -3364; 21420 -21423 $194,812.14 Council Regular Meeting 12 -14 -2010 Page 3 of 14 Approved by Council: DRAFT 11/05/2010 21424 -21453 $130,708.68 11/05/2010 21454 -21484 $313,430.67 11/12/2010 21485 -21500 $21,045.49 11/12/2010 21501 -21534 $216,58131 11/17/2010 3366 -3369 $55,684.78 11/19/2010 21535 -21585 $749,16838 11/23/2010 21586 -21606 $110,468.43 11/24/2010 21607 -21616 $12,606.82 11/30/2010 5190 -5197 $409.00 GRAND TOTAL $2,198,940.89 b. Approval of Payroll for Period Ending November 15, 2010: $249,009.71 c. Approval of Payroll for Period Ending November 30, 2010: $355,969.35 d. Approval of Snow Removal Plan (Level of Service) e. Approval of City Council Meeting Minutes of November 9, 2010 f. Approval of City Council Study Session Minutes of November 16, 2010 It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the consent agenda. NEW BUSINESS 2. Second Reading Proposed Ordinance 10 -025 Amending Public Records (SVMC 2.75) — Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to approve Ordinance 10 -025 amending Spokane Valley Municipal Code 2.75 relating to public records. Acting City Attorney Driskell briefly explained the proposed changes. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3. Second Reading Proposed Ordinance 10 -026 Amending 2010 Budizet — Ken Thompson After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to approve Ordinance 10 -026 amending the 2010 budget as presented. Finance Director Thompson explained that the amendments include an increase to the Risk Management Fund of $60,000 for liability, unemployment and property insurance premium increases; and an increase to the Debt Service Fund of $25,000 to allow for the accrual of the Debt Service attributable to December 2010, which will not be paid until 2011. In addition, he said the Community Development (CD) Block Grant Fund 306 will be closed as it is no longer needed by the City. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4. Motion Consideration: Mayoral Appointments 4a. Planning Commission Appointments — Deputy Mayor Schimmels (1) Mayor Towey announced he was recusing himself from this item and he turned the agenda over to Deputy Mayor Schimmels, and Mayor Towey left the room. Deputy Mayor Schimmels said that seven people put in an application for one of the two Planning Commission appointments; he said he asked each Councilmember to give him two names, that he then tallied the names and the people who received the majority of the votes are the two names tonight listed for nomination. It was moved by Councilmember Grafos and seconded to confirm the Deputy Mayor's nomination of Bill Bates to the Spokane Valley Planning Commission for a three-year term commencing January 1, 2011. Councilmember McCaslin said all the applicants were excellent and he appreciated them submitting their application. Councilmember Dempsey said she knows Mr. Bates and has a great deal of respect for him, that he is a good and honest person but he is related to the Mayor and therefore, Councilmember Dempsey said she Council Regular Meeting 12 -14 -2010 Page 4 of 14 Approved by Council: DRAFT cannot support that nomination; she said the positions are too close together and there is too much of an appearance of impropriety. Councilmember Gothmann read an excerpt from the State Statutes concerning the appointment of planning commissioners, that those appointments are made by the Mayor and that members may be removed after public hearing, by the appointed official, with the approval of Council. Councilmember Gothmann said the Mayor is responsible for appointment or determining if such appointee, after due process, should be removed as commissioner. Councilmember Gothmann said no other department in the City of Spokane Valley would allow such a relationship; that if family members are employed and working in different departments, that would be appropriate, but not one family member supervising another family member; and said he also feels this would have the appearance of impropriety; he said the fact that the Mayor recused himself says there is a conflict otherwise he would not have recused himself Councilmember Gothmann said he does not want to take anything away from Mr. Bates; that he also feels he is a good and honest man; but due to the appearance of impropriety, would not support that nomination. Councilmember McCaslin said he knows both men for about a year; that the two are like night and day and 180° in their philosophies and personalities; he said he feels the Mayor did not have to excuse himself, and Attorney Driskell said legally Mayor Towey was not required to recuse himself as there is no legal prohibition to the Mayor naming a person in such a relationship. Councilmember McCaslin said the newspapers brought it up that they are half - brothers; and said that he feels Bill Bates is one of the leading citizens in the Valley, and said that the two Councilmembers on the end have "added a cloud" to both of them, and said that is unfortunate as we need people like Bill Bates; and said people like the two referenced councilmembers discourage that. Councilmember Dempsey asked for a point of order; and said in the rules of decorum and debate, it states that members may not speak directly to one another and a member's motives must not be attacked, and said she feels she and Councilmember Gothmann have been maligned. Councilmember McCaslin said they have not and that she is "way out of line." Deputy Mayor Schimmels said that Ms. Dempsey has the floor. Councilmember Dempsey said she feels councilmembers should speak to the motion rather than malign each other. Councilmember McCaslin said Ms. Dempsey did not speak to the motion when she criticized the relationship between Mr. Bates and the Mayor; and that Councilmember McCaslin is defending Mr. Bates against Ms. Dempsey's statements; as her and Councilmember Gothmann's statements were incorrect and she has maligned both of them. Councilmember Dempsey countered that she made no misstatement; that she stated they were related and said that is not a misstatement. Councilmember McCaslin said he doesn't know if they are related and doesn't know their history. Councilmember Grafos said he has known Bill Bates for a number of years; and said the situation will come up for Mr. Bates and for other candidates that people on the council know him; but said the point is that Mr. Bates has lived in this city for 35 years; was Vice President in charge of retail operations for 26 Rosauer's stores; he understands how to grow a business, create a community, grow the tax base and provide family wages for citizens, and that he is well qualified for this position. Councilmember Grassel said this is not a paid position; she said she does not feel it is an impropriety such as would be with a paid position; and she gave the example of Airway Heights having a married couple on their council; and said the current planning commission has a number of members who were appointed by the former Mayor, one of which was the campaign manager to former councilmember Diana Wilhite, and others were known to be friends to Mayor Munson; and said whether it is a blood relative or best friend, there can be improprieties, and the issue should be of the person's qualifications; and she said of the seven applicants, she feels Mr. Bates was one of the most highly qualified. Councilmember Gothmann reiterated that the question is not of qualifications or friendship or relationship, but rather is one relative working for the other. Councilmember Grassel said he would not be working for the Mayor, but would be one of seven planning commissioners; yet Councilmember Gothmann stated since the Mayor has the authority to appoint and to remove, with Council approval, he said he contends this is a direct relationship. Deputy Council Regular Meeting 12 -14 -2010 Page 5 of 14 Approved by Council: DRAFT Mayor Schimmels said council selects these members, and does not dictate to them; that they are volunteers and council looks for their advice. Deputy Mayor Schimmels invited public comment. Tony Lazanis, Spokane Valley says he praises the council and said he is surprised at Councilmembers Gothmann and Dempsey, that he feels Mr. Bates is the right man and feels council should approve the appointment. There were no further public comments. Deputy Mayor Schimmels asked the Clerk to conduct a roll call vote on the motion to confirm the Deputy Mayor's nomination of Bill Bates to the Spokane Valley Planning Commission for a three-year term commencing January 1, 2011: In Favor: Deputy Mayor Schimmels, and Councilmembers McCashn, Grassel, and Grafos. Opposed: Councilmembers Gothmann and Dempsey. Abstentions: None. Motion carried with four in favor. (2) It was moved by Councilmember Grafos and seconded to confirm the Deputy Mayor's nomination of' Joseph Stoy to the Spokane Valley Planning Commission for a three-year term commencing January 1, 2011. After brief council discussion, Deputy Mayor Schimmels invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4b. Lodging Tax Advisory Committee Appointments — Mayor Towey_ A member of staff informed Mayor Towey that the previous appointment was completed and Mayor Towey returned to the Council Chambers and resumed chairing the meeting. Mayor Towey mentioned for ease of appointments, these appointments will also be done one at a time, and said there are three openings: two for members to collect the tax, and one opening for those funded by the tax. After Mayor Towey explained about the three openings and the criteria for filling the positions, and that six applications were received: three for those required to collect the tax (for the two openings); and three for those involved in funded activities (one opening). Mayor Towey recommended Peggy Doering as the member authorized to be funded by the tax; and he requested that one of the appointments tonight be for a one -year term, and that next would be for two year terms. It was moved by Deputy Mayor Schimmels and seconded to confirm the Lodging Tax Advisory Committee Mayoral appointment of Peggy Doering for a one-year term, as a member authorized to be funded by the tax. Councilmember Grassel said as Committee Chair, she only had an opportunity to meet once with this group, and said she appreciates Ms. Doering's work and her commitment to Valleyfest and her time on this committee, but suggested either Keith Backsen or Philp Champin be considered for this position, that Ms. Doering has been on the board for several years; and said it helps the committee to regenerate with new members and get different opinions; and of the different groups to fund, the Spokane Regional Convention and Visitor's Bureau receives the majority of the funds, and for them to have a voice at that committee would be helpful. Councilmember Grafos said he would like to see a change as well, he mentioned that Ms. Doering has done a great job, but since this is a one -year term, he'd like to see Keith Backsen in that position. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation, and then at Councilmember McCashn's request, vote by Roll Call: In Favor: Councilmember Gothmann, Councilmember Dempsey, Mayor Towey, and Deputy Mayor Schimmels. Opposed: Councilmember Grafos, Councilmember Grassel, and CouncilmemberMcCaslin. Abstentions: None. Motion carried. Regarding the category of appointments of those required to collect the tax, Mayor Towey recommended Lee Cameron for a two -year term. It was moved by Deputy Mayor Schimmels and seconded to confirm the Lodging Tax Advisory Committee Mayor appointment of Lee Cameron for a two-year term as a member business required to collect the tax. Mayor Towey invited public comment, and Tony Lazanis said he feels comment should be made about the qualifications of the candidates. There were no other public comments. Mayor Towey said all candidates were "top- notch" and each has an outstanding record of community involvement and service. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Mayor Towey said his second recommendation is Christine Cochran, of Pheasant Hill Inn. It was moved by Deputy Mayor Schimmels and seconded to confirm the Council Regular Meeting 12 -14 -2010 Page 6 of 14 Approved by Council: DRAFT Lodging Tax Advisory Committee Mayoral appointment of Christine Cochran for a two-year term as a member business required to collect the tax. Mayor Towey invited public comment, no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4c. Council Appointments to various Committees, Board and Commission Mayor Towey said he recommends keeping all the appointments the same as they are currently. Councilmember Gothmann mentioned that he also serves on the private SNAP board. Mayor Towey said Councilmember Gothmann is also on the TIB Board, which is a state appointment. It was then moved by Deputy Mayor Schimmels and seconded to approve the Mayoral appointments to the various board, committees and commissions as listed. Mayor Towey invited public comment, no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. Motion Consideration: Allocation of Lodging Tax (Hotel/Motel) Funds for 2011 — Ken Thompson It was moved by Deputy Mayor Schimmels and seconded to approve the Lodging Tax Advisory Committee recommended allocations as follows: Spokane Regional Sports $165, 000; Valleyfest $36, 000; Spokane Valley Heritage Museum $5, 000; Spokane Regional Convention/Visitor's Bureau $250, 000; and HUB Sports Center $40, 000. Finance Director Thompson explained that the amounts noted are those recommended by the Lodging Tax advisory Committee, but Council is free to change those amounts if so desired. Mr. Thompson also mentioned that there was a change in the State statutes in 2009 permitting these funds to be used for operating costs. As Chair of the committee, Councilmember Grassel explained that the committee met and heard presentations from applicants, then discussed the recommendations as a group; she also mentioned that CenterPlace did not apply this year which allowed for more funding dollars to the others who did apply. Mr. Jackson said in the past, Council exercised their prerogative and set aside a portion of funds to promote CenterPlace; that over the years the Chair heard that CenterPlace should compete with the rest of the groups, and that after this year if desired, Council could allocate some of those funds to CenterPlace; but that can be determined later. Councilmember Grassel also expressed her desire that the committee meet a few more times in the future in order to work out some of the application deadlines. Mayor Towey invited public comment. Polly Phelan, 8513 E. Columbia Park Drive: speaking on behalf of the Visitor's Bureau, she thanked Council for their support and said they intend to be good stewards of those funds. Eric Sawyer, President of Regional Sports Commission: said he was honored to be supported by the Valley since its inception, and he looks forward to generating more tourism dollars. Tony Lazanis said he feels that $250,000 for the Bureau should be given to the Valley Chamber, and suggested hiring a specialist and said they would do a better job; and said he would like a tourism booth put in at Mirabeau. Councilmember Grassel said she spoke to the hoteliers and they are fully behind the Spokane Regional Convention and Visitor's Bureau and feel they are the most effective use of those dollars as the Chamber focuses more on promoting businesses. Phil Champin, HUB Sports Center: he extended thanks for Council's support and said the funds will be used to help host more events. Karla Kaley, KPS Management, 10516 E. Main: said she sees a disturbing trend on the part of Council, she said when a citizen comes to speak they don't need to be told why their statements are not supported or why it doesn't support the councilmember's opinion or why they should or should not have offered their opinion; and said she feels the process is to accept and allow those opinions; and said she feels it very important that when someone offers an opinion that their name doesn't end up in the newspaper the next day with misinformation that might damage their character or business, and said she sees a disturbing trend with the public question and answer and feels it is intimidating and has the potential to deter people from offering their opinion, which is part of the public process; she said questions are valid but opinions should not be challenged as to why they are offering their opinion or to their motives. Vote by Acclamation on the motion to allocate funds as stated above: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Council Regular Meeting 12 -14 -2010 Page 7 of 14 Approved by Council: DRAFT Mayor Towey called for a recess at 7:40 p.m. and reconvened the meeting at 7:50 p.m. 6. Motion Consideration: Purchase of Broadcasting Equipment — Greg Bingaman It was moved by Deputy Mayor Schimmels and seconded to authorize the City Manager or designee to acquire the equipment needed to broadcast council meetings (delayed broadcast) on cable channels 5 and /or 14 (Phase 1), and to stream council meetings live on the Internet (Phase 2). IT Specialist Bingaman explained that council has expressed interest in broadcasting council meetings; he said the PEG fees will pay for the needed hardware for phase 1 for cable broadcasting as a capital expense, and the general fund will be used to pay for any hardware for the web -only portion of broadcasting which is phase 2, and all operational costs would also come from the general fund. Mayor Towey invited public comment. Mike Davidson, 10618 East Ferret Drive said he is glad to see this moving forward; that he doesn't understand the phase 2 over the web, phase 1 on cable, and said the web reaches more people and is probably less expensive to move forward with the equipment on that; he said he has 20 years experience in the electronic business; and said broadcasting over the web first phase would be his preference, and said the infrastructure is a little less expensive. City Manager Jackson asked Mr. Bingaman if this proposal includes closed captioning; and Mr. Bingaman said it does not; that phase 1 purchases the camera gear and switching operating gear which will allow us to produce that signal; he said it is not live cable broadcasting but would be a delayed re- broadcasting on either channel 5 or 14; and said it is costly and also labor intensive and said he is seeking alternate solutions if council is interested in closed captioning. Mr. Bingaman reiterated that the phase 1 is the purchasing of the camera gear, regardless of whether it will be cable broadcasting or internet, the signal still needs to be created and that is what phase 1 does. Councilmember McCaslin said that this is just the beginning as more money will be put into this, and said this is how government grows and this is why we need more taxes or will in the future; and said as revenues go down, these things come in, that he has nothing against it, and said the public still has an opportunity to come down here and listen to the meetings, and said he doesn't know how many will watch this; and that there is no guarantee more money won't be spent in the future, and said he will not support the motion. Vote by Acclamation: In Favor: Mayor Towey, and Councilmembers Dempsey, Grassel, Grafos, and Gothmann. Opposed: Deputy Mayor Schimmels and Councilmember McCashn. Abstentions: None. Motion carried. 7. Motion Consideration: Street and Stormwater Maintenance Contract Renewal (Poe Contract) — Neil Kersten It was moved by Deputy Mayor Schimmels and seconded to approve the contract to Poe Asphalt Inc. in an amount not to exceed $1,545,119 and authorize the City Manager to sign the contract. Public Works Director Kersten explained that these are the saine contracts discussed in detail last week; that the Poe Asphalt contract is the fourth renewal of seven; he said their equipment rates came in originally at 3% and were willing to drop them down to 1 %; that the other cost factor they did not increase was the price of asphalt, which is well below the market rate, and said asphalt is a major cost in terms of material. Mr. Kersten said we are also asking for a $200,000 increase in the contract just to do additional needed work. In response to Deputy Mayor Schimmels' question concerning the price of asphalt, Mr. Kersten said Poe's price for asphalt was $59.00 a ton, and the County's in previous years ranged from $60 to about $75 per ton, and reiterated that a lot of the work is laying down asphalt, so the material is a big piece of the cost of the work. Mr. Kersten said there are some cost increases as a result of their union contracts, but that they have been pretty reasonable on their equipment cost and very reasonable on their material costs; and said overall this is a good contract, and Poe has done a great job and been very efficient in accomplishing the work. Council Regular Meeting 12 -14 -2010 Page 8 of 14 Approved by Council: DRAFT Councilmember Grafos said he noticed we started in 2007 with Poe at $1,175,000 and we are now at $1,545,000, which is an increase of $370,000 in four years; and said Poe is asking for a 4% increase in wages. Councilmember Grafos said he called a couple of local companies that originally bid this contract, and in looking at the prevailing wage rate, Poe is above those rates. Mr. Kersten agreed they are above the prevailing rate; and Mr. Grafos asked why we would pay above the prevailing rate. Mr. Kersten explained that they have a labor contract; there was only one other contractor who bid this, and their unit prices overall were higher than Poe's. Councilmember Grafos said he doesn't have a problem with their increase in their equipment cost of 1.2 %, but would not be in favor of the 4% increase in their wages. Councilmember Grassel asked if we have the authority to negotiate those rates, and to perhaps suggest we give them a 1% cost but they're already at prevailing wage. Mr. Kersten said as a result of these increases, he has asked that Poe negotiate a little harder next year; he said it is the Operator's and the Teamsters Unions so it covers all the union people who work for multiple different contractors; if you are a union contractor you call in people from those organizations, and if you are nonunion then you don't and you find your own workers; and said it is a much broader contract then just Poe Asphalt. Mr. Kersten said they did their negotiations over the last year so we need to start early in the year to have those discussions, and said we don't have a lot of control on those union contract negotiations. Councilmember Grassel asked if the bid could be opened back up again, and Mr. Kersten said if Council feels this is an unacceptable contract, we could re -bid it. Councilmember Grafos said he feels the situation has changed since 2007; he said Poe's labor rates are about $39.40, and the prevailing wage is about $32.80; and the operator rate grade 6 shows Poe's rate of $42.55 and the prevailing wage is $3734; and said he doesn't see how a 4% increase can be approved in this contract. Councilmember Dempsey asked how long this contract has been in negotiation, and Mr. Kersten said they started in October, and that one of the first issues is to see how well they perform, and if they perform very well we are interested in negotiating a contract. Mr. Kersten said the amount of hours one contractor takes to perform a job could be significantly less than another contractor, so Poe's ability to come in, and move in and out efficiently with minimal time greatly reduces the cost, and that although the 4% is a fairly large increase, Poe has worked with us and done an outstanding j ob of coming in one day and prepping the road and getting it ready, and coming in the next day and paving it; and with other contracts, it could take three or four days making cost significantly higher. Mr. Kersten said they deal with many contracts, and Poe's workers have performed at top level. Mr. Kersten said that the increase in the contract amount is because a few years ago we had no funds in the street funds; and the only reason we have increased the total is to do more work, not because of the 4% labor increase. Councilmember Grafos said Poe has raised rates and that each year we have had an increase; and Mr. Kersten agreed. Councilmember Grafos said that he would like to see the contract re -bid if he has to stay with that 4 %. Councilmember Grassel said it seems to her that we have all the leverage; we can say we'll either freeze your wages or for this contract coming up, or we will go out to open it up for bid; and she asked if that is a possibility. Mr. Kersten said in examining the rates, one should look at each unit, including labor, equipment and labor, and some things they have control over and some things they don't; and they have worked with us to hold some of those costs below industry standard, and some maybe a little higher; but when you look at all costs across the board, Mr. Kersten said he doesn't feel they are higher than the norm, and reiterated we use a tremendous amount of asphalt in these roads; and said he has a bid tab he can bring to council if they wish. Although we have not gone out to bid on this contract since 2007, Mr. Kersten said he has an identical bid where the county bid asphalt at the plant, so it is the same comparison, and those costs were quite a bit higher. Councilmember Grafos said asphalt isn't most of the cost of the contract, that most of it is labor; but Mr. Kersten said that about half the cost is materials, and the other half is labor and equipment. Mr. Jackson stated that Mr. Kersten has negotiated this contract to the best of his ability with the city's interest in mind; and he is bringing this now for a council motion, and said that if council votes against the motion, then we go back, but that the specific terms of negotiation should not be discussed publicly; or that the specific terms or direction to Mr. Kersten should not be discussed publicly as that is an administrative job, and said that staff looks at the Council Regular Meeting 12 -14 -2010 Page 9 of 14 Approved by Council: DRAFT whole picture and at the bests interests of the city. Mr. Kersten said a 4% increase in labor, if that is half the cost of doing the work, which is probably less than that, would be a 2% increase so that would be $30,000 on the total contract; and he stated that we could go back to the $1,175,000, but it would mean we would do less work; but now that there are additional funds in the street funds, we should try to do more work as the roads certainly need it. Councilmember Gothmann said then this would be part of that pavement preservation program, and this would increase the amount of pavement preservation and lengthen the life of more streets than were lengthened last year. Mayor Towey invited public comment; no comments were offered. Deputy Mayor Schimmels said he doesn't see a big material discrepancy, but we have had questions in the last two years that this contract has been approved; and he suggested council move ahead, that this contract is within reason, and to discuss this general topic during the upcoming winter retreat; and he stated his preference to move back to perhaps a three -year contract instead of the long term contract. Mr. Kersten said that over the life of this contract, there have been huge increases in asphalt and oil in the past but Poe has held their costs low; that we were paying $100 + for asphalt a few years ago from other companies; and said Poe did not raise their prices, and said it helps to see the entire history; and added that it would be helpful when we have our work sessions, if Council voices these types of concerns then, so that Mr. Kersten can bring back the necessary information and history in order to have the facts before everyone. City Attorney Driskell clarified that this is a one -year contract with seven, optional renewals; so each year we analyze whether we feel the contract will work for us, so it is a one -year contract from year to year if both parties agree. Vote by Acclamation, followed by roll call vote: In Favor: Deputy Towey, Deputy Mayor Schimmels, and Councilmembers Gothmann, and Dempsey. Opposed: Councilmembers Grafos, Grassel and McCaslin. Abstentions: None. Motion carried 8. Motion Consideration: AAA Sweeping Contract — Neil Kersten It was moved by Deputy Mayor Schimmels and seconded to approve the contract renewal to AAA Sweeping in the amount not to exceed $490,199.94 and authorize the City Manager to sign the contract. Public Works Director Kersten explained the contract proposal, which has similar terms as that of the Poe contract, and that this is the fourth of a possible seven renewals; that the contract increased very slightly from $473,687 to now $490,199 , and said AAA performs very well Mayor Towey invited public comment, no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 9. Motion Consideration: AAA Vactoring Contract — Neil Kersten It was moved by Deputy Mayor Schimmels and seconded to approve the contract renewal to AAA Sweeping in the amount not to exceed $200, 000 and authorize the City Manager to sign the contract. Again, Mr. Kersten explained that this is the vactoring contract with AAA, and said this is the last year of this contract and that he will re -bid next year; and said the total amount changed very little; adding that they have not detailed out a plan for underground injection control, but he is working on that for the future. Mayor Towey invited public comment, no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 10. Motion Consideration: Amendment to Jail Interlocal Agreement — Morgan Koudelka It was moved by Deputy Mayor Schimmels and seconded to authorize the City Manager to execute the amendment to the Interlocal Agreement for Jail Services in the City of Spokane Valley. Senior Administrative Analyst Koudelka explained that we have contracted with Spokane County for detention services since the City's inception; that we have used two interlocal agreements for two separate detention facilities, Geiger and the Spokane County Jail, but beginning January 1, 2010, Spokane County combined the Jail and Geiger operations into one budgetary department; that the Sheriff s Office created a single billing rate for both facilities and implemented a new billing methodology, not realizing that this methodology conflicted with existing agreements. Mr. Koudelka said that because of this conflict, the Council Regular Meeting 12 -14 -2010 Page 10 of 14 Approved by Council: DRAFT City has been paying the rates from the previous year, as directed in the contracts, until the County could comply with the existing contracts or a new contract could be implemented. He said City staff has been negotiating with County staff to develop a new contract for detention services, and in the meantime, staff recommends that the current agreements be amended to allow the City to pay according to the County's proposed methodology to make the County whole before the end of the year. Mayor Towey invited public comment, no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 11. Motion Consideration: Amendment to Geiger Interlocal Agreement — Morgan Koudelka It was moved by Deputy Mayor Schimmels and seconded to authorize the City Manager to execute the amendment to the Interlocal Agreement for Geiger Confinement, Work Crew and Work Release Services in the City of Spokane Valley. Mr. Koudelka explained that this amends the Geiger Interlocal Agreement. Mayor Towey invited public comment, no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 12. Motion Consideration: Letters of Support Regarding Senate Bill 6225 — Mayor Towey Mayor Towey said that Connell Washington and Airway Heights have an inmate population; that now they are considered small cities, and in that category they receive small city grants; that it is mandatory that they count the inmates as citizens; that the City of Connell's prison expanded their beds from 600 to about 2300, which would bring them above the 5,000 population limit for a small city, which would mean they would lose their small city status; and said through a letter to us, they have requested a letter of support, and our proposed letter is to support the option on whether or not to include the inmate population as part of the citizen population. Councilmember McCaslin said he is not in favor of this as he doesn't know what the legislation says or will say; that it will probably go through a committee in the senate and that questions can be asked at that level. It was then moved by Deputy Mayor Schimmels and seconded that the City of Spokane Valley supports the City of Connell and the City of Airway Heights in Pursuit of Prison Population Legislation SB 6225, and authorize the Mayor to sign the attached letters of support. Mayor Towey invited public comment, no comments were offered. Councilmember Gothmann said that TIB (Transportation Improvement Board) offers three programs for small cities, and if these cities are no longer classified as small cities, they would lose eligibility for all three programs; and he said that TIB favors the legislation, and that he also spoke to the CEO of the Association of Washington Cities. Councilmember McCaslin said he assumes this senate bill was in last year probably in government ops, and the one party has the super majority, obviously they didn't want the bill because it didn't pass out, he said the letter states that our City is in support of the City of Connell's proposed prison legislation, SB 6225, and said sometimes you would sign onto a bill, and after amending it, would vote no on it, so one never knows from the introduction of legislation, if it will be amended in committee, to get through rules and onto the floor and survive floor action and get other amendments on it, which you do not support, so one has to be careful. Councilmember Grassel said with that in mind, could the letter be re- worded that we would support the proposed prison population legislation, and just addressing that particular issue instead of that particular bill, but to state we support the cities that they should not have to include the inmate population. Vote by Acclamation and roll call vote: In Favor: Mayor Towey and Councilmembers Gothmann and Dempsey. Opposed: Deputy Mayor Schimmels, and Councilmembers McCaslin, Grassel, and Grafos. Abstentions: None. Motion failed. It was moved by Councilmember Gothmann and seconded to approve the letters with the following stipulations: remove the SB 6225 and remove the word `proposed. " Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Dempsey, Grafos, and Grassel. Opposed: Councilmember McCaslin. Abstentions: None. Motion carried. Council Regular Meeting 12 -14 -2010 Page 11 of 14 Approved by Council: DRAFT PUBLIC COMMENTS: Mayor Towey invited general public comments. Peggy Doering, East 11522 Sunview Circle: she thanked council for the honor of serving on the hotel /motel tax committee and for Council supporting the Valleyfest Community celebration for next year. ADMINISTRATIVE REPORTS 13. Aquifer Protection Area (APA) Fees — Neil Kersten Public Works Director Kersten said that the Advisory Board for Wastewater met recently, and we also discussed this topic in detail about a month ago; and said the question now concerns the fees noted in the original interlocal agreement, specifically on page 2 of 5, item 2.6, which explains that beginning in 2010, our city would receive its proportional share of the remaining fees through 2025; he said the first years those fees went to the STEP (sewer tank elimination program) program which ends next year; and said the question is whether to leave the interlocal as it is and have those fees come here, or change that process. Mr. Kersten said that Dick Denenny is on the advisory board as a citizen, and is also in attendance tonight. Mr. Kersten said the aquifer protection area was established and fees came from that to go toward monitoring and protecting the aquifer, and that we entered into an interlocal with the County in 2004. Mr. Kersten said in 2004, we had planned that those funds of approximately one half million dollars annually would come to our stormwater fund, he said we specifically held the fee low for stonnwater of about $21.00 annually. Mr. Kersten said according to the AWC Survey on fees, we are the lowest fee in the state, our monthly fee is $1.75; and across the state the average stormwater fee is $7.99, and the high fee is $17.60. Councilmember Gothmann said that it is his understanding that those fees can be used for stormwater, or to reduce the monthly payment for sewer fees. Mr. Kersten agreed and said the County has wanted to keep those fees to keep sewer fees lower and to keep them the same inside the city and outside the county; and said if they don't keep those fees, ours would be $1.12 higher for sewer customers, versus those customers outside; and said their fees are going up around five, six, seven, or possibly eight dollars a year now over the next several years; and said this is a decision for council: to go for stormwater or sewer; and Mr. Kersten said if the fees do not go toward stormwater, then those fees would need to be raised from $21.00 to $26.00 annually, and even with that $5.00 per year increase, we would likely still have the lowest fees in the state. To reiterate, Mr. Kersten said the options are keep the sewer fees equal to that outside the county and raise our fees for stormwater, or keep our stormwater fees flat and have a little variation in sewer fees. Mayor Towey asked and Mr. Kersten confirmed that if this council does not take action, we will receive those funds; but to stop those funds from coming to us, we would need to amend the interlocal. Further discussion ensued on the choice and Mr. Denenny said that the least impact is to raise the stormwater rates and maintain consistency, or we would have different sewer rates on our borders, and if we pull funds away from the County, they would raise their rates; and said the largest users of sewers would have the least amount of impact and the broadest spread would be to increase stonnwater fees. Mr. Kersten said if you take the funds away from the County, stormwater would go up $5.00 for each ERU (equivalent residential unit), which would be about a $5.00 annual impact to a resident, but if sewer goes up $1.12 a month, that would be about a $13.00 or $14.00 annual impact. Mr. Kersten said the intent is that the County would use those funds for debt retirement on the wastewater treatment plant, which will protect the aquifer. Mr. Kersten said the same total dollars would be collected; on the stormwater ERU process, the residential customers pick up less of the charge; commercial picks up more, and on wastewater, it's the reverse. Mr. Kersten explained that for rates and amounts for businesses, sewer rates are based on the volume of water used, but stonnwater fees are calculated based on the pavement or impervious area, so it would be fixed for businesses while it would fluctuate some for the sewer rates, as the volume on residential units are not tracked. Mr. Denenny said a business would have a higher impact on stormwater due to large impervious space but very little sewer, but an apartment complex would have a much higher impact with Council Regular Meeting 12 -14 -2010 Page 12 of 14 Approved by Council: DRAFT the sewer rate increases than they would with stormwater; and as another example, schools would have a much higher impact on their sewer costs then they would on the stormwater fee. Councilmember Grafos said with his particular business, he would be paying more with the stormwater, but the impact to citizens would be less if we stayed with the stormwater fee versus tacking it on to the residential users which are less able to pay, and said therefore, he would prefer to stay with the stormwater. To re- iterate, Mr. Denenny said it would be his recommendation to increase the stormwater fees because it is spread over a much broader area. Mr. Kersten said at the end of this year, we need a plan to start improving the drywells that are not protected. A question arose concerning what the original stormwater fees were and Mr. Kersten said he would research that. At 9:00 p.m., it was moved by Deputy Mayor Schimmels and seconded to extend the meeting thirty minutes. Vote by Acclamation: In Favor: Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Gothmann, Dempsey, Grafos, and Grassel. Opposed: Councilmember McCashn. Abstentions: None. Motion carried. Deputy Mayor Schimmels said after hearing the discussion, it would probably be better to increase the stormwater fees. Mayor Towey asked what timeline we are under and Mr. Kersten said that interlocal timeline starts this year. Mr. Jackson reminded council there is one additional meeting for this year and asked if Council wanted to consider this again at the December 28 meeting; and Mr. Denenny said council could agree to this for a particular time and then re- addresses it again after discussion with the County. It was decided to bring this back for council discussion at the December 28 meeting. Mr. Jackson said if council chooses not to make a change, then no action would be necessary; and if adjustments are needed, the contract would need to be revised and that could be brought back again early next year. Mr. Kersten said that a vote to change the interlocal, if that was the decision by council, would also have to be made by the County, so the process would take about a month. Mr. Denenny reminded everyone that sewer rates are assessed monthly, while stormwater rates are part of the property taxes and collected twice a year, which gives all a little more time to make a decision concerning the stormwater rates; and Mr. Kersten said we have turned in our fees for this year and cannot change them at this point, so this would be for next year. 14. Gang Awareness Presentation — Chief VanLeuven An overview of the services provided by the gang enforcement team was given by Sgt. Michael Kittilstved and Detective Brad Richmond, which included the reason the team was formed and its mission; that they collaborate with the FBI on funding , authority and technology; how graffiti is handled including the different types of graffiti; that they also collaborate with entities such as Greater Spokane Substance Abuse Council, Crosswalk Volunteers of America, NW Gang Investigators Association, and they attend monthly school security meetings; they spoke of the need for community involvement and education and of the gang influence and how it travels across the nation; At 9:30 p.m., it was moved by Deputy Mayor Schimmels and seconded to extend the meeting another thirty minutes. Vote by Acclamation: In Favor: Mayor Towey, Deputy Schimmels, and Councilmembers Gothmann, Dempsey, Grafos, and Grassel. Opposed: Councilmember McCaslin. Abstentions: None. Motion carried. Sgt. Kittilstved said what is really needed to address this problem more efficiently, would be a consistently funded prevention /intervention specialist for this area; and said when the grants run out they have difficulty in keeping the momentum going. Chief VanLeuven added that the school resource deputies work within the schools to identify gangs and said that the resource officers are one of the best assets they have. Sgt. Kittilstved said that part of the problem is awareness, and members of the task force are committed to dealing with this issue and work to come up with solutions, and he said they welcome suggested solutions. Council Regular Meeting 12 -14 -2010 Page 13 of 14 Approved by Council: DRAFT 15. Governance Manual Amendment (televideo participation) — Mike Jackson City Manager Jackson said that there was a request to consider an amendment to the Governance Manual concerning requirements for telephone or video participation at a council meeting, that the Governance Committee met November 22, and this proposed change is now before council for review. There was no objection from Council to bringing this back for a motion consideration at a future meeting. 16. Advance Agenda — Mayor Towey Mayor Towey reminded everyone that there will be no meeting next Tuesday. Councilmember Gothmann said that Central Valley School District would like to make a presentation on their bond issue and that council could then take a position on the issue. City Manager Jackson said keeping in mind we would need to hear from the proponents of the issue as well as from the opponents on the issue, said that staff will work toward arranging that. Councilmember Grafos asked about having flashing safety lights at Bowdish Junior High on Bowdish between 20' and 24 and Mr. Jackson said staff will look at that and come back with the cost. 17. The Corrected October 2010 Police Crime Report was for information only and was not reported or discussed. It was moved by Deputy Mayor Schimmels and seconded to adjourn. Vote by Acclamation: In Favor: Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Grassel, Dempsey, Grafos and Gothmann. Opposed: CouncilmemberMcCaslin. Motion passed and the meeting adjourned at 9:42 p.m. ATTEST: Christine Bainbridge, City Clerk Thomas E. Towey, Mayor Council Regular Meeting 12 -14 -2010 Page 14 of 14 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 12 -28 -10 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 -020 Amending Resolution 09 -012, Governance Coordination Manual GOVERNING LEGISLATION: Spokane Valley Resolution 09 -012 PREVIOUS COUNCIL ACTION TAKEN: Proposed changes presented as Information Only item on the December 7, 2010 council agenda, and as an Admin Report on at the December 14, 2010 Council agenda. BACKGROUND: Council generally reviews the Governance Coordination Manual annually to determine if there is a need to make any changes. The last update of the manual was September 2009. The Governance Committee met November 22, and these are their recommendations. The only section addressed at this time is 3.06, shown in track -change format on pages 13 and 14 of the Governance Manual. OPTIONS: Approve or not approve as presented, or with other modifications. RECOMMENDED ACTION OR MOTION: Move to approve Resolution 10 -020 as presented. BUDGET /FINANCIAL IMPACTS: STAFF /COUNCIL CONTACT: City Manager Mike Jackson ATTACHMENTS Draft Resolution with Attachment A Governance Coordination Manual DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 10 -020 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, REPEALING AND REPLACING CITY OF SPOKANE VALLEY RESOLUTION 09 -012 AND ATTACHMENT A `GOVERNANCE COORDINATION MANUAL' WHICH S THE COMPREHENSIVE COLLECTION OF MEETING RULES, COORDINATION PROCEDURES, AND ADMINISTRATIVE PUBLIC HEARING PROCEDURES, AND APPLICABLE REFERENCES FROM THE REVISED CODE OF WASHINGTON. WHEREAS, the City Council acknowledges that all Council meetings must be open to the public; and WHEREAS, such meetings should be responsive to the public and carried out efficiently and uniformly to promote public participation; and WHEREAS, written rules of procedure best assure an atmosphere conducive to said efficiency and uniformity and help assure that no member of the Council or public will be embarrassed in the exercise of his or her right of free expression; and WHEREAS, the rules and procedures adopted by the Council need to be amended from time to time. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. On May 13, 2003, Council adopted Resolution 03 -028, establishing rules and procedures for conducting public hearings and meetings, including the May 13, 2003 "City of Spokane Valley Governance Coordination Manual." Section 2. On May 25, 2004, Council adopted Resolution 04 -013, repealing and replacing the previously adopted City of Spokane Valley Governance Coordination Manual of May 13, 2003. Section 3. On September 13, 2005, Council adopted Resolution 05 -021, repealing and replacing the previously adopted City of Spokane Valley Governance Coordination Manual of May 25, 2004. Section 4. On November 14, 2006, Council adopted Resolution 06 -022 repealing and replacing the previously adopted City of Spokane Valley Governance Coordination Manual of September 13, 2005. Section 5. On December 11, 2007, Council adopted Resolution 07 -020 repealing and replacing the previously adopted City of Spokane Valley Governance Coordination Manual of November 14, 2006. Section 6. On September 8, 2009, Council adopted Resolution 09 -012 repealing and replacing the previously adopted City of Spokane Valley Governance Coordination Manual of December 11, 2007. Section 7. The Council hereby repeals the "City of Spokane Valley Governance Coordination Manual" dated September 8, 2009 and replaces it with the "City of Spokane Valley Governance Coordination Manual' dated December 28, 2010, which is attached to this Resolution as Attachment A, and which is incorporated herein by reference. Resolution 10 -020 Governance Manual Pagel of 2 DRAFT Section 8. Effective Date This Resolution shall be in full force and effective upon adoption. Adopted this day of December, 2010. ATTEST: Thomas E. Towey, Mayor Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Resolution 10 -020 Governance Manual Page 2 of 2 DRAFT S Po�� jvalley Governance Coordination Manual Resolution 09-01.6,10-020 A A Comprehensive Collection of Meeting Rules, Coordination Procedures, Administrative Public Hearing Procedures, and Applicable References from the Revised Code of Washington Resolution 03 -028 adopted 5 -13 -2003, replaced by Resolution 04 -013 adopted 5 -25 -2004, replaced bV Resolution 05 -021 adopted 9 -13 -2005, replaced bV Resolution 06 -022 adopted 11 -14 -2006, replaced bN- Resolution 07 -020, adopted 12 -11 -2007, replaced b}- Resolution 09 -012, adopted 09 -08 -2009 replaced bN Resolution 10 -020, adopted 12 -28 -2010 Governance Manual DRAFT TABLE OF CONTENTS ARTICLE I - COUNCIL MEETINGS ......................................................................... ............................... 4 1.01.1 Council Meetings - Time and Location .................................................. ............................... 4 1.01.2 Council Meetings - Open to the Public ................................................... ............................... 4 1.02 Election of Officers ................................................................................. ............................... 4 1.03 Presiding Officer ..................................................................................... ............................... 4 1.04 Mayor /Council Correspondence ............................................................. ............................... 5 1.05 Quorum ................................................................................................... ............................... 5 1.06 Attendance, Excused Absences .............................................................. ............................... 5 1.07 Special Council Meetings ....................................................................... ............................... 5 1.08 Council Material ..................................................................................... ............................... 5 1.09 Council Packets ....................................................................................... ............................... 5 1.10 Council Meeting Agenda / Consent Agenda / Amended Agendas ......... ............................... 6 1.11 Approaching the Dais ............................................................................. ............................... 6 1.12 Study Sessions and Workshops .............................................................. ............................... 6 1.13 Council Travel Provisions ...................................................................... ............................... 7 1.14 Telephone Tree ....................................................................................... ............................... 7 1.15 "Three Touch Principle" ......................................................................... ............................... 8 1.16 City Manager .......................................................................................... ............................... 8 1.17 City Clerk - Minutes - Public Information Access ................................. ............................... 8 1.18 City Staff - Attendance at Meetings ........................................................ ............................... 8 ARTICLE 2 - DUTIES AND PRIVILEGES OF MEMBERS .................................... ............................... 9 2.01 Respect and Decorum ............................................................................. ............................... 9 2.01A Forms of Address .................................................................................... ............................... 9 2.02 Seating Arrangement .............................................................................. ............................... 9 2.03 Dissents and Protests .............................................................................. ............................... 9 2.04 Filling Council Vacancies ....................................................................... ............................... 9 ARTICLE 3 - COUNCIL PROCEDURES ................................................................... ............................... 9 3.01 Rules of Order ......................................................................................... ............................... 9 3.02 Motions and Discussion ........................................................................ ............................... 10 3.03 Order of Business (including Executive Sessions) ............................... ............................... 10 3.04 Adjournment Due to Emergency or Disruption .................................... ............................... 12 3.05 Permission Required to Address the Council ....................................... ............................... 12 3.06 Voting and Tele /video Conferencing .................................................... ............................... 12 3.07 Enacted Ordinances, Resolutions and Motions ..................................... ............................... 14 3.08 Ordinances ............................................................................................ ............................... 14 3.09 Resolutions .............................................................................................. .............................15 3.10 Reconsideration .................................................................................... ............................... 15 3.11 Legislative Process, Preparation, Introduction and Flow of Ordinances, Resolutions and Motions ................................................................................................. ............................... 15 3.12 Complaints and Suggestions to Council ............................................... ............................... 15 3.13 Photographs, Motion Pictures, Video Tape -- Permission Required for Artificial Illumination................................................................ .............................16 Governance Manual 2 DRAFT TABLE OF CONTENTS, Continued ARTICLE 4 - COMMITTEES, BOARDS & COMMISSIONS ............................... ............................... 16 4.01 Committees ........................................................................................... ............................... 16 4.02 Council Relations with Boards, Commissions and Council Citizen Advisory Bodies........ 17 ARTICLE 5 - RELATIONS WITH CITY MANAGER & ADMINISTRATION .. ............................... 17 5.01 Role of the City Manager ...................................................................... ............................... 17 5.02 Administrative Interference by Councilmembers ................................. ............................... 17 5.02.1 Informal Communications Encouraged ................................................ ............................... 17 5.03 Administrative Complaints Made Directly to Individual Councilmembers ........................ 18 5.04 Administrative Complaints — "Best Practice" ....................................... ............................... 18 ARTICLE 6 - PUBLIC HEARING PROCEDURES ................................................ ............................... 18 6.00 Types of Public Hearings ...................................................................... ............................... 18 6.01 Legislative Public Hearing .................................................................... ............................... 19 6.02 Quasi - Judicial Public Hearing .............................................................. ............................... 19 1. Specific Statutory Provisions ........................................................... ............................... 19 2. Actions /Procedures for Quasi- Judicial Public Hearing .................. ............................... 20 Spokane Valley Municipal Code Appendix C, Appeal Hearings .... ............................... 20 3. Appearance of Fairness Doctrine ..................................................... ............................... 22 ARTICLE 7 — USE OF RULES ................................................................................... ............................... 23 7.01 Purpose .................................................................................................... .............................23 7.02 Use ........................................................................................................ ............................... 24 7.03 Public Use or Reliance Not Intended .................................................... ............................... 24 Exhibits and attachments: Exhibit A -1 Telephone Tree Memo ............................................................. ............................... 25 Exhibit A -2 Telephone Tree for Council / Manager Chart .......................... ............................... 26 Exhibit A-3 Parliamentary Procedure at a Glance ....................................... ............................... 27 Exhibit A -4 Legislative Process Flow Chart ............................................... ............................... 28 Exhibit A -5 Committee Structure and Rules ............................................... ............................... 29 Exhibit A -6(1) Task Force /Town Hall Meetings General Model .................... ............................... 31 Exhibit A -6(2) Multi- Agency Coordination Task Force Model ...................... ............................... 32 Exhibit A -7 Citizen's Task Force General Model Chart ............................. ............................... 33 Exhibit A -8 Revised Code of Washington, 35A.13, Council /Manager Plan .......................... 34 Exhibit A -9 Amended General Policy Resolution of Core Beliefs ............. ............................... 41 Governance Manual 3 DRAFT ARTICLE I - COUNCIL MEETINGS 1.01.1 Council Meeting - Time and Location. Unless otherwise specified in a meeting notice, regular meetings of the City Council shall be held at Spokane Valley City Hall Council Chambers on Tuesdays beginning at 6:00 p.m. 1.01.2 Council Meetings - Open to the Public. All meetings of the City Council and of committees thereof shall be open to the public, except as provided for in RCW 423 0. 110 or RCW 4230.140. Councilmembers will notify appropriate staff of Councilmember's plans to attend any of the various outside public meetings hosted by other organizations or agencies, so that notice may be published concerning such attendance in order not to risk any real or perceived violation of the Open Public Meetings Act. 1.02 Election of Officers. Procedures for electing officers are as follows: (a) Biennially, at the first meeting of the new Council, the members thereof shall choose a presiding officer from their number who shall have the title of Mayor. In addition to the powers conferred upon him /her as Mayor, he /she shall continue to have all the rights, privileges and immunities of a member of the Council. If a permanent vacancy occurs in the office of Mayor, the members of the Council at their next regular meeting shall select a Mayor from their number for the unexpired term. Following the election of the Mayor, there shall be an election for a Deputy Mayor. The tern of the Deputy Mayor shall run concurrently with that of the Mayor. (RCW 35A.13.030) (b) The election for Mayor shall be conducted by the City Clerk. The City Clerk shall call for nomination. Each member of the City Council shall be permitted to nominate one (1) person, and nomination shall not require a second. A nominee who wishes to decline the nomination shall so state at that time. Nominations are then closed. The election for Deputy Mayor shall be conducted by the Mayor, and nominations shall be made in the manner previously described for the election of the Mayor. (c) Except when there is only one (1) nominee, election shall be by written ballot. Each ballot shall contain the name of the Councilmember who cast it. The City Clerk shall publicly announce the results of the election. Thereafter, the City Clerk shall record the individual votes by councilmembers in the minutes of the meeting. In the event the Council is unable to agree on a Mayor by majority vote of members present, the Office of Mayor shall be temporarily filled by an Acting Mayor. Ties shall be resolved in a contest by chance. The office of Acting Mayor shall be filled by the Councilmember who just previously served as Deputy Mayor, or if such person is not a member of the Council, the Councilmember with the next highest seniority. The Acting Mayor and Acting Deputy Mayor shall continue in office and exercise such authority as is described in RCW 35A.13 until the members of the Council agree on a Mayor, at which time the role of Acting Mayor and Acting Deputy Mayor shall cease and terminate. 1.03 Presiding Officer. The Mayor shall preside at meetings of the Council and be recognized as the head of the City for all ceremonial purposes. The Mayor shall have no regular administrative or executive duties. In case of the Mayor's absence or temporary disability, the Deputy Mayor shall act as Mayor during the continuance of the absence. In case of the absence or temporary inability of the Mayor and Deputy Mayor, an acting Mayor Pro Tempore selected by members of the Council shall act as Mayor during the continuance of the absences. The Mayor, Deputy Mayor (in the Mayor's absence) or Mayor Pro Tem are referred to as "Presiding Officer" from time -to -time in these Rules of Procedure. Governance Manual DRAFT 1.04 Mayor /Council Correspondence. Councilmembers recognize that in the Council/Manager form of government, the Mayor is recognized by community members as a point -of- contact. To facilitate full communications, staff will work with the Mayor to circulate to Councilmembers, copies of emails and written correspondence directed to the Mayor regarding city business. This provision will not apply to invitations for mayoral comments at various functions nor requests for appointments nor other incidental contact between citizens and the Office of the Mayor. 1.05 Quorum. At all meetings of the Council, a majority of the Councilmembers who hold office shall constitute a quorum for the transaction of business. A lesser number may adjourn from time -to -time, provided that written notice of said adjournment be posted on the exterior Council Chamber doors per RCW 42.30.090. Council meetings adjourned under the previous provision shall be considered regular meetings for all purposes. (RCW 35A.13.170, 35A.12.120) 1.06 Attendance, Excused Absences. RCW 35A.12.060 provides that a Councilmember shall forfeit his /her office by failing to attend three consecutive regular meetings of the Council without being excused by the Council. Members of the Council may be so excused by complying with this section. The member shall contact the Presiding Officer, City Clerk, or City Manager prior to the meeting and state the reason for his/her inability to attend the meeting. Following roll call, the Presiding Officer shall inform the Council of the member's absence, and inquire if there is a motion to excuse the member. This motion shall be nondebatable. Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the City Clerk will make an appropriate notation in the minutes. 1.07 Special Council Meetings. Procedures for setting a special meeting are as follows: (a) A special meeting may be called by the Mayor or any three (3) members of the Council. (RCW 35A.13.170, 35A.12.110) (b) Notice of the special meeting shall be prepared in writing by the City Clerk. The notice shall contain the following information about the meeting: time, place, and business to be transacted. (c) The notice shall be delivered in person, by regular or electronic mail, or personally to the residence of each Councilmember, the City Manager, and the business office of each local newspaper, radio and television station which has on file a written request for notice of special meetings. The notice must be delivered at least twenty -four (24) hours prior to the meeting. (d) The notices provided in this section may be dispensed within the circumstances provided by RCW 42.30.080, that is: (1) As to any member who, at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice, (2) As to any member who was actually present at the meeting at the time it convenes, and (3) In the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage; or as otherwise provided by law. 1.08 Council Material. Councilmembers and affected staff should read the agenda material and ask clarification questions of appropriate staff prior to the Council meeting, when possible. 1.09 Council Packets. Councilmembers shall personally pick up their agenda packets from the individual mailboxes provided by the City Clerk, unless otherwise arranged by the member or Governance Manual DRAFT further directed by Council. Councilmembers have the option of accessing their Council packet via the City's website, and unless notified otherwise, the City Clerk will not prepare a hard copy agenda packet for individual Councilmembers. 1.10 Council Meeting Agenda/Consent Agenda. The City Clerk, under the direction of the City Manager in consultation with the Presiding Officer, shall arrange a list of proposed matters according to the order of business and prepare an agenda for the Council. After the proposed agenda has been reviewed and approved by the Mayor, the Presiding Officer shall have the option of adjusting the agenda as necessary. A copy of the agenda and supporting materials shall be prepared for Councilmembers, the City Manager, and the media who have filed a notification request, on or before close of business on a Friday preceding a Tuesday regular Council meeting, or at the close of business at least 24 hours preceding a special Council meeting. Agendas may be amended as required, and expeditiously distributed to Council and appropriate staff. Requests for presentations to be scheduled on the formal agenda imply that the presentation is the official business of the City, and such requests should be submitted to the City Clerk at least five (5) days prior to the appropriate council meeting. Playing of video tapes, DVD's, PowerPoints, or other electronic presentations shall be pre- screened by the Presiding Officer or designee who shall rule on the appropriateness of the material. The Presiding Officer, three (3) Councilmembers, a majority of the Councilmembers present, or the City Manager may introduce a new item to the agenda at a meeting. (a) The City Manager, in consultation with the Presiding Officer, shall place matters on the consent agenda which: (1) have been previously discussed by the Council; or (2) based on the inforination delivered to members of the Council by administration can be reviewed by a Councilmember without further explanation; (3) are so routine, technical or "housekeeping" in nature that passage without discussion is likely; or (4) otherwise deemed in the best interest of the City. (b) The proper Council motion on the consent agenda is as follows: "I move approval of the consent agenda." This motion will have the effect of moving to approve all items on the Consent Agenda. Since approval of any item on the consent agenda implies unanimous consent, any member of the Council shall have the right to remove any item from the consent agenda. Therefore, prior to the vote on the motion to approve the consent agenda, the Presiding Officer shall inquire if any Councilmember wishes an item to be withdrawn from the consent agenda. If any matter is withdrawn, the Presiding Officer shall place the item at an appropriate place on the agenda for the current or a future meeting. 1.11 Approaching the Dais. The intent of adding this item specifically to our Governance Manual is to make it clear to Staff, Council and the general public once a Council meeting has been called to order, stepping between the podium and the dais will not be allowed. This includes, but is not limited to, video recording, still photography, tape recording, and written handouts. The Council reserves the right to invite anyone forward to be addressed at the dais. 1.12 Study Sessions and Workshops. The purpose of Study Sessions is to allow Councilmembers to be made aware of impending business and allow informal discussion of issues that might be acted on at a future meeting. The purpose of Workshops is to allow Councilmembers to do concentrated preliminary work with administration on single subjects but time Governance Manual DRAFT consuming, complex matters (i.e., budget, complex legislation or reports, etc.). Workshops and Study Sessions shall be in a less fonnal setting, council may be seated other than at the dais, but shall not discourage public observation. There will be no public comment at study sessions although the Council may request participation in the same manner as a regular Council meeting. The City Clerk, under the direction of the City Manager, shall arrange a Council study session or workshop agenda for the meeting. The agenda shall, for each item, contain the discussion subject, the discussion leader, the activity and the discussion goal. After the proposed agenda has been approved by the Presiding Officer, a copy of the agenda and accompanying background materials shall be prepared for Councilmembers, the City Manager, and the press, on or before 4:30 p.m., one (1) day before the Council study session or workshop. As stated in 1.09 above, Councilmembers have the option of accessing their Council packet via the City's website, and unless notified otherwise, the City Clerk will not prepare a hard copy agenda packet for individual Councilmembers. During the Council study session or workshop, the discussion leader should. (a) Introduce the subject and give background information; (b) Identify the discussion goal; (c) Act as facilitator to keep the discussion focused toward the goal; and (d) Alert the Presiding Officer when it is appropriate to call for a consensus, motion or official direction of the Council. The role of the Presiding Officer is to facilitate Councilmembers engaged in free flowing discussion without the necessity of each councilmember being recognized by the presiding officer. The Presiding Officer retains the option of assuming the function of the discussion leader at any time in order to maintain decorum and ensure all councilmembers have the opportunity to be heard, and to keep the discussion properly focused. 1.13 Council Travel Provisions. This section is intended to provide guidance on the utilization of the Council budget for city business related travel expenses. The total allocation of travel funding budgeted for the Legislative Branch for the fiscal year will be apportioned (1/7) to each Councilmember. These monies may be used to defray expenses for transportation, lodging, meals and incidental expenses incurred in the conduct of city business. Periodic updated statements of expenditures will be provided to each Councilmember by the Finance Department. Should a Councilmember exhaust their apportionment of funds, that person will be responsible for payment of any travel and related expenses or they may request a voluntary allocation from another Councilmember who has a balance in their travel account. During the last six (6) months of a Councilmember's current tern of office, incurring City business - related travel expenditures require the prior authorization of the Finance Committee, except when such travel fulfills the obligations of the Councilmember's service on statewide or regional boards, commissions or task forces. 1.14 Telephone Tree. Occasionally there are very important or emergency happenings in the community where members of the Council should receive briefings as quickly as possible. A City Council telephone tree system has been adopted by Council motion and is attached as Exhibit A -1 & A -2. Governance Manual DRAFT 1.15 "Three Touch Principle." Decision makers and citizens at all levels of the City should have adequate time to thoughtfully consider the issues prior to final decisions. It is the intent of the Council that the Council and Administration shall abide by the "Three touch principle" whenever possible. The following procedural guidelines are designed to avoid "surprises" to the City Council, Citizens and Administrative personnel: Any request or proposal for adopting or changing public policy, Ordinances, Resolutions or City Council Directives which will require a decision of the City Council, or Administration, should "touch" the Decision makers three separate times. This includes oral or written reports, "information only" agenda items, or any combination thereof. To facilitate the Council's strategic use of legislative time at its meeting, staff may satisfy the first touch by issuing an informational memorandum, unless the subject matter is complex in nature. Quasi - judicial matters and any subject discussed in executive sessions are excluded from application of the "Three Touch Principle." It is recognized that t unexpected circumstances may arise wherein observance of the "Three Touch Principle" is impractical. However, when unusual circumstances arise which justify a "first discussion" decision, the persons requesting the expedited decision should also explain the timing circumstances. This Principle excludes staff reports and other general communications not requiring a Council decision. 1.16 City Manager. The City Manager, as the chief executive officer and head of the - administrative branch of city government, or his/her designee, shall attend all meetings of the City Council, unless excused by the Presiding Officer or Council. The City Manager shall be responsible to the Council for the proper administration of all affairs of the City. The City Manager shall recommend for adoption by the Council such measures as he /she may deem necessary or expedient; prepare and submit to the Council such reports as may be required by the body or as the City Manager deems advisable to submit; keep the Council fully advised as to the business of the City; and shall take part in the Council's discussion on all matters concerning the welfare of the City. (RCW 35A.13.080) 1.17 City Clerk - Minutes - Public Information Access. The City Clerk shall be ex- officio Clerk -of -the- Council and shall keep minutes as required by law, and shall perform such other duties in the meeting as may be required by the Council, Presiding Officer, or City Manager. In the absence of the City Clerk, the City Clerk shall appoint a replacement to act as Clerk -of- the - Council. The Clerk -of -the- Council shall keep minutes which identifies the general discussion of the issue and complete detail of the official action or consensus reached, if any. When practical, and with the exception of Executive Sessions, the City Clerk shall audio record the proceedings of all City Council meetings, and shall keep and make available an index of the topics of each meeting which will facilitate location of the item in the appropriate meeting minutes. Access to the audio recordings shall be made reasonably available to any party who so requests, according to City public information procedures. 1.18 City staff — Attendance at Meetings. Attendance at meetings by City staff shall be at the pleasure of the City Manager. It is the intent of the Council that the City Manager schedule adequate administrative support for the business at hand but also protect the productive capability of Department Heads. When sound system or other monitoring capabilities exist, the City Manager may allow personnel to utilize productive time in their offices or other areas while waiting for the specific item of business for which their appearance before the Council is necessary. Governance Manual DRAFT End ofArticle I - Council Meetings ARTICLE 2 - DUTIES AND PRIVILEGES OF MEMBERS 2.01 Respect and Decorum. It is the duty of the Mayor and Councilmembers to maintain dignity and respect for their offices, City staff and the public. While the Council is in session, the Councilmembers shall preserve order and decorum and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings of the Council, nor disrupt or disparage any member while speaking. Councilmembers and the public shall comply with the directives of the Chair. Any person making disruptive, disparaging or impertinent remarks or unreasonably disturbing the business of the Council, either while addressing the Council or attending its proceedings, shall be asked to leave, or be removed from the meeting. Continued disruptions may result in a recess or adjournment as set forth in section 3.04 below. 2.01A Forms of Address. The Mayor shall be addressed as "Mayor (surname)" or `Four Honor." The Deputy Mayor shall be addressed as "Deputy Mayor (surname)." Members of the Council shall be addressed as "Councilmember (surname)" unless waived by the Presiding Officer. 2.02 Seating Arrangement. Councilmembers shall occupy the respective seats in the Council Chamber assigned to them by the Mayor. 2.03 Dissents and Protests. Any Councilmember shall have the right to express dissent from or protest, orally or in writing, against any motion, ordinance or resolution of the Council and have the reason therefore entered or retained in the minutes. 2.04 Filling Council Vacancies. If a vacancy occurs on the City Council, the Council will follow the procedures outlined in RCW 35A.13.020. In order to fill the vacancy with the most qualified person available until an election is held, the Council will publish a notice of the vacancy and the procedure, and distribute the application fonn for applying. The Council will have an application drafted which contains relevant information to answer set questions posed by the Council. The application form will be used in conjunction with interviews of candidates to aid in the selection of the Councilmember. End ofArticle 2 - Duties and Privileges ofMembers ARTICLE 3 - COUNCIL MEETING PROCEDURES 3.01 Rules of Order. Rules of order not specified by statute, ordinance or resolution shall be governed by the chart of the most common "Rules of Order" questions. Attached as Exhibit A -3. The City Clerk shall keep a copy of the most current "Robert's Rules of Order" in Council Chambers during Council meetings. (a) Out of Order Requests. Occasionally a member of the public may wish to speak on an agenda item but cannot remain until the item is reached on the agenda. During Open Comments From the Public, such person may request permission to speak by explaining the circumstances. The Governance Manual DRAFT Presiding Officer in his/her sole discretion shall rule on allowing or disallowing the out of order request. 3.02 Motions and Discussion. (a) All items of business placed before the Council that require the expenditure of Council and /or administration resources shall be in the form of an affirmative motion. Affirmative motions are preferred to prevent "approval by default" of a failed negative motion. (b) Agenda items scheduled as New or Old Business shall require a motion by a Councilmember before discussion unless the Council shall suspend the requirement by majority vote. Upon failure of either a prior motion or rule suspension, the agenda item shall be passed over and may not be reintroduced until the next regular meeting. (c) When possible, Councilmembers should direct questions primarily to the City Manager or the designated presenter. 3.03 Order of Business. The business of all regular meetings of the Council shall be transacted as follows: provided, however, that the Presiding Officer may, during a Council meeting, rearrange items on the agenda to conduct the business before the Council more expeditiously. (a) Call to order by the Presiding Officer. (b) Invocation (c) Pledge of Allegiance. (d) Roll Call (see Section 1.06 for procedure to excuse an absence). (e) Approval of Agenda (f) Introduction of Special Guests and Presentations. (g) Councilmember Reports of Council or government - related activities (e.g. synopsis of Committee or board meetings). These oral reports are intended to be brief, city work - related," heads -up in nature" or otherwise of significance in keeping the Council inforined of pertinent policy issues or events stemming from their representation of the city on a regional Board or Commission. Extended reports shall be placed as agenda items for presentation or submitted in writing as an informational memo. (h) Presiding Officer's report. (i) Comments from the public on subjects not on the agenda for action - limit 3 minutes each, unless modified by the Presiding Officer. Note: the City Council desires to allow a maximum opportunity for public comment. However, the business of the City must proceed in an orderly, timely manner. At any time, the Presiding Officer, in the Presiding Officer's sole discretion, may set such reasonable limits as are necessary to prevent disruption of other necessary business. Governance Manual 10 DRAFT Subjects not on the current agenda. The Presiding Officer may invoke a sign - in procedure for speakers. Any member of the public may request time to address the Council after first stating their name, address, and the subject of their comments. The Presiding Officer may then allow the comments subject to such time limitations as the Presiding Officer deems necessary. Following such comments, the Presiding Officer may place the matter on the agenda or a future agenda, or refer the matter to administration or a Council committee for investigation and report. 2. Subjects on the current agenda. Any member of the public who wishes to address the Council on an action item on the current agenda shall make such request to the Presiding Officer at the time when comments from the public are requested during the agenda item discussion The Council may hear such comments before or after initial Council discussion. As an option, the Presiding Officer may invoke a sign in procedure. The Mayor, in consultation with the City Attorney, shall rule on the appropriateness of public comments as the agenda item is reached and shall rule on a specific individual or group time limit for public comment. The Presiding Officer may change the order of speakers so that comment is heard in the most logical groupings. Comments shall be made from the microphone, first giving name, address and subject. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. 4. There will be no demonstrations during or at the conclusion of anyone's presentation. Any disruptive behavior, as determined by the Presiding Officer, shall be cause for removal from the meeting room. These rules are intended to promote an orderly system of holding a public meeting, to give persons opportunity to be heard, and to create an environment in which no individuals are embarrassed by exercising their right of free speech. 6. Any ruling by the Presiding Officer relative to the subsections 1 and 2 above may be overruled by a vote of a majority of members present. 7. Council shall not permit public comments if they relate to any matter upon which a quasi-judicial hearing has been required, scheduled, or held. See Article 6.01 for procedure for taking public comment on legislative matters. 0) Public Hearings (see Article 6 for procedural details). (k) Consent Agenda (see Section 1.10 for procedural details). (1) Old Business. (m) New Business. (n) Public Comments. [same as "i" above] (3- minute time limit each) (o) Administrative Reports. Reports or tracking of an administrative nature. Governance Manual 11 DRAFT (p) Inforination only items. (q) Executive Session (as required). If Council holds an Executive session, it will be held in accordance with the Open Meetings Act, RCW Chapter 42.30. The Council may hold an executive session during a regular or special meeting. Before convening in executive session, the Presiding Officer shall ask for a Motion from Council to publicly announce * the purpose for adjourning into Executive Session * the approximate length of time for the executive session, and a. the likelihood of Council taking action at the close of the Executive session and return to regular session, or b. that at the close of the Executive session and return to regular session, Council will likely take no action but will adj ourn the meeting. The announced time limit for executive sessions may be extended by announcement. At the close of the Executive Session and upon Council's return to chambers: * The Presiding Officer will declare Council out of Executive Session *The Presiding Officer will ask for the appropriate motion (i.e. an action motion or adjourn). To protect the best interests of the City, Councilmembers must keep confidential all oral and written information provided during executive sessions. Confidentiality also includes information provided to Councilmembers outside of executive sessions when the information is considered exempt from disclosure under the Code of Ethics for Municipal Officers. (r) Adjournment. No Council meeting should be permitted to continue beyond approximately 9:00 p.m. without approval of a majority of the Councilmembers who are present and eligible to vote. A new time limit must be established before taking a Council vote to extend the meeting. In the event that a meeting has not been closed or continued by Council as herein specified, the items not acted on shall be deferred to the next regular Council meeting as old business, unless the Council, by a majority vote of members present, determines otherwise. 3.04 Adjournment Due to Emergency or Disruption. In the event of emergency, such as a fire, threatened violence, or inability to regain good order, the Presiding Officer shall forthwith declare the meeting adjourned or continued and the City Council shall immediately leave the meeting room. 3.05 Permission Required to Address the Council. Persons other than Councilmembers and administration shall be permitted to address the Council upon recognition and/or introduction by the Presiding Officer or the chair of the appropriate Council committee. 3.06 Voting and Tele /video Conferencing. The votes during all meetings of the Council shall be transacted as follows: (a) Unless otherwise provided by statute, ordinance, or resolution, all votes shall be taken by voice, except that at the request of any Councilmember, a roll call vote shall be taken by the City Clerk. The order of the roll call vote shall be determined by the City Clerk. (b) In case of a tie vote on any proposal, the motion shall be considered lost. Governance Manual 12 DRAFT (c) Every member who was in die Cati e rb rp went when the question was put, shall give his/her vote unless the Council, for special reasons, shall excuse the member by motion. If any Councilmember refuses to vote "aye" or "nay," their vote shall be counted as a "nay" vote unless the Councilmember is abstaining due to actual, or appearance of, a conflict of interest. (d) The passage of any ordinance, grant or revocation of franchise or license, any resolution for the payment of money, any approval of warrants, and any resolution for the removal of the City Manager shall require the affirmative vote of at least a majority of the whole membership of the Council. (e) The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures for any calamity or violence of nature or riot or insurrection or war (except for the statutory powers of the Mayor in accordance with RCW 35A.13.030), and provisions for a lesser emergency, such as a budget amendment, shall require the affirmative vote of at least a majority plus one (1) of the whole membership of the Council. (RCW 35A.13.190) In the event calamitous conditions should prevent assembly of such majority through pandemic, death, injuries or other emergency, the provisions of RCW 35A.13.035 may be invoked. (f) The passage of any motion or resolution not subject to the provisions of Washington law, the Spokane Valley Municipal Code, or this Resolution as amended requiring a "super majority" for approval, shall require the affirmative vote of at least a majority of the membership of the Council who are present and eligible to vote. (g) 1. Tele /video conference participation by Councilmembers may be allowed provided technical availability and compatibility of electronic equipment shall enable the Councilmember to hear the proceedings, be heard by those present and participate in Council discussion. (a) Requests to use tele /video conference participation shall be lim4eded ate approved by the Council. This shall be done by motion at the beizinnina of the meetina for each request made to participate through the use of tele /video conferencing. Such participating Councilmember(s) should be present and counted. In such case, adequate equipment must allow the tele /video conference participant to engage in Council discussion and be heard. Telephone /computer system charges are to be at the Councilmember's own expense, unless waived in the Council motion. Adequate notice must be given to allow hookup in time for the main agenda. (b) No tele /video conference participation for voting purposes shall be allowed for public hearings or any quasi - judicial proceedings. Video conferencing may be permitted upon a majority vote of the Council present at the meeting site for such proceedings provided that all documents and exhibits are clearly visible and legible to all participants and provided that a video and audio record of the videoconference is made and provided to the clerk. The cost of such videoconferencing and record thereof shall be paid by the Councilmember requesting videoconferencing, unless waived by vote of the City Council. Governance Manual 13 DRAFT ( E plo of J' t anee � „I„�1e- b t limit l + °" tic' 19rcmicci= �C�' ctHirsccarccT�acmvc- vcrc- a?ir'iv 1iit rarcacccrcv b 3.07 Enacted Ordinances, Resolutions and Motions. (a) An enacted ordinance is a legislative act prescribing general rules of organization or conduct relating to the corporate affairs of the municipality. Council action shall be taken by ordinance when required by law, or where prescribed conduct may be enforced by penalty. (b) An enacted resolution is an administrative act which is a formal statement of policy concerning matters of special or temporary character. Council action shall be taken by resolution when required by law and in those instances where an expression of policy more formal than a motion is desired. (c) An enacted motion is a form of action taken by the Council to direct that a specific action be taken on behalf of the municipality. A motion, once approved and entered into the record, is the equivalent of a resolution in those instances where a resolution is not required by law, and where such motion is not in conflict with existing State or Federal statutes, City Ordinances or Resolutions. 3.08 Ordinances. The procedures for ordinances are as follows: (a) A Councilmember may, in open session, request of the Presiding Officer that the Council consider enacting an ordinance for a specific purpose. The Presiding Officer then may assign the proposed ordinance to the administration, a committee or the Council for consideration. The committee or administration shall report its findings to the Council. The City Manager may propose the drafting of ordinances (RCW 35A.13). Citizens, Boards and Commissions may also propose consideration of ordinances and resolutions, see Exhibit A -4 attached. (b) Sponsorship. When a Councilmember wishes to assume sponsorship of an ordinance or resolution, he or she should so announce, make the initial motion and provide an introduction of the measure. (c) Ordinances shall normally have two (2) separate readings at separate Council meetings. Unless waived by the City Council at each reading, the title of an ordinance shall be read by the City Clerk prior to its passage; provided that should a Councilmember request that the entire ordinance or certain of its sections be read, such request shall be granted. Printed copies shall be made available upon request to any person attending a Council meeting. (d) The provision requiring two (2) separate readings of an ordinance may be waived at any meeting of the Council by a majority vote of all members present. (e) If a motion to pass an ordinance to a second reading fails, the ordinance shall be considered lost, unless a subsequent )_notion directs its revision and resubmission to second reading. Governance Manual 14 DRAFT (f) Any ordinance repealing any portion of the Spokane Valley Municipal Code shall also repeal the respective portions of the underlying ordinance(s). Ordinances repealing earlier ordinances shall not apply to acts, incidents, transactions or decisions occurring before such repeal. 3.09 Resolutions. A resolution may be put to its final passage on the same day on which it was introduced. While it is not necessary to have the title of a Resolution read aloud, , Council may invoke the two (2) reading procedures described in Section 3.08 (c) above to facilitate public understanding and /or comment on the resolution. If Council invokes the two reading procedures, a councilmember may request that the entire resolution or certain of its sections be read, and such request shall be granted. Printed copies shall be made available upon request to any person attending a Council meeting. 3.10 Reconsideration. Any action of the Council, including final action on applications for legislative changes in land use status, shall be subject to a motion to reconsider except: • any action previously reconsidered, • motions to adjourn or motions to suspend the rules, • an affirmative vote to lay an item on, or take an item from, the table, • or a vote electing to office one who is present and does not decline. Such motion for reconsideration: 1. must be reconsidered during the same Council meeting 2. must be called up when no business is pending (no action is pending) a. if action is pending, the Mayor asks the Clerk to note that the motion to reconsider has been made and is taken up when a member calls the motion to reconsider the vote when no other business (action ) is pending. 3. must be made by a member who voted on the prevailing side on the original motion a. a member who makes this motion should state that he or she voted on the prevailing side 4. needs a second, and can be seconded by any member 5. is debatable if the type of motion it reconsiders is debatable 6. is not amendable and requires a majority vote to adopt 7. If adopted, the original motion is placed before the council as if it had not been previously voted on. Hence, this is a two -step process (1) vote on whether to reconsider the vote and if adopted; the motion to be reconsidered is again under discussion and members take another vote on it. 8. Any motion for reconsideration of a matter which was the subject of a required public hearing or which is a quasi-judicial matter may not be discussed or acted upon unless and until the parties or their attorneys and the persons testifying have been given at least five (5) days advance notice of such discussion and/or action. 3.11 Legislative Process, Preparation, Introduction and Flow of Ordinances and Resolutions and Motions. Ordinances and Resolutions will customarily be prepared, introduced and proceed in the manner described on the flow chart attached hereto as Exhibit A -4, and by this reference incorporated herein. Prior to final passage of all ordinances, resolutions or motions, such Governance Manual 15 DRAFT documents or proposals shall be designated as DRAFTS. All such drafts shall also be dated to include the most recent revision. 3.12 Complaints and Suggestions to Council. When citizen complaints or suggestions are brought before the City Council on matters not on a Council agenda, the Presiding Officer shall, in consultation with the City Manager, first detennine whether the issue is legislative or administrative in nature and then: (a) If legislative, and a complaint is about the language or intent of legislative acts or suggestions for changes to such acts, and if the Council finds such complaint suggests a change to an ordinance or resolution of the City, the Presiding Officer may refer the matter to a committee, administration, or the Council for study and recommendation. (b) If administrative, and a complaint regards administrative staff performance, execution of legislative policy or administrative policy within the authority of the City Manager, the Presiding Officer should then refer the complaint directly to the City Manager for review, if said complaint has not been so reviewed. The City Council may direct that the City Manager brief the Council when the City Manager's response is made. 3.13 Photographs, motion pictures or video tape requiring artificial illumination — Prior Permission Required. No overhead projection, photographs, motion pictures, or video tapes that require the use of floodlights, or similar artificial illumination shall be used by the public at City Council meetings without the prior consent of the Presiding Officer or the City Manager. End ofArticle 3 - Council Procedures ARTICLE 4 - COMMITTEES, BOARDS & COMMISSIONS 4.01 Committees. (a) All standing Committees, Boards, and Commissions which are required by state law shall be appointed by the Mayor with confirmation by the Council. (b) All other Council Committees, Citizen Task Force groups and rules or operating procedures thereof shall be established by Council Directive with special attention to RCW 35A.13.120, and after consultation with the City Manager. Such committees shall be commissioned for a time certain, not to exceed two (2) years or the term of the appointing Mayor, whichever is less and provided with a clear task description and "sunset" provision. Appointment shall be by the Mayor. Council may waive confirmation in the instrument creating said committee or group. Such Committees shall be subject to review, whenever a new Council is seated following elections, so as to determine whether the committee and its functions continue to be appropriate and necessary. Members of any Committee, Board or Commission which have been appointed or confirmed by the Council, may be removed without cause by a majority vote of the Council. A copy of the motion(s), or as hereafter amended, establishing committees, liaisons and citizen's task force groups shall be attached hereto, as Exhibit A -5. (See the attached related charts Exhibits A -6 (1) (2) & A -7.) Governance Manual 16 DRAFT (c) Other special ad hoc committees and Council liaisons for a particular purpose may be appointed by the Mayor, without confirmation of Council for a time certain, not to exceed the term of the appointing Mayor, along with a clear task description and "sunset" provision. (d) Committees, liaisons and citizen taskforce groups shall be given an opportunity to make a recommendation, when appropriate, on proposed ordinances, resolutions and emotions within their area of responsibility or interest, before action is taken by the Council. The appropriate spokesperson shall present the recommendation(s) during discussion of that business item on a Council agenda. (e) Council member(s) may be designated by the City Council to take the lead on particular significant issues and to provide appropriate feedback of information to Council, in order to gain corporate approval and coordination of corporate efforts. No Councilmember may speak for the Council unless Council has designated that person as the lead on that particular issue. (f) No Advisory Board or Commission shall take any final action outside of an open public meeting. 4.02 Council Relations with Boards, Commissions and Council Citizen Advisory Bodies. All statutory boards and commissions and Council citizen advisory bodies of the City of Spokane Valley shall provide the Council with copies of minutes of all meetings. Communications from such boards, commissions and bodies to the City Council shall be acknowledged by the Council. Any member of the Council may also bring such communication to the Presiding Officer's attention under the agenda item "Committee, Board and Liaison Reports." Should any member of the Council determine that any such communication be officially answered by the Council, the Presiding Officer shall place the matter on the agenda under New Business for the current meeting or any subsequent meeting. End ofArticle 4 - Committees, Boards & Commissions ARTICLE 5 - RELATIONS WITH CITY MANAGER & ADMINISTRATION 5.01 Role of the City Manager. The City Manager is the chief administrative officer of the City of Spokane Valley. The City Manager is directly accountable to the City Council for the execution of the City Council's policy directives, and for the administration and management of all City departments. The powers and duties of the City Manager are defined by Washington law, RCW 35A.13.080. Such duties may be expanded by Ordinance or Resolution. Balanced with City Manager's accountability to the City Council for policy implementation is the need for the Council to allow the City Manager to perform legally defined duties and responsibilities without interference by the City Council in the day -to -day management decisions of the City Manager. 5.02 Administrative Interference by Councilmembers. Neither the Council nor any of its committees or members shall direct or request the appointment of any person to, or his/her removal from, any office by the City Manager or any of his/her subordinates. Except for the purpose of inquiry, the Council and its members shall deal with the administrative branch solely through the City Manager and neither the Council nor any committee or member thereof shall give any orders to any subordinate of the City Manager, either publicly or privately; provided, however, that nothing herein shall be construed to prohibit the Council, while in open session, Governance Manual 17 DRAFT from fully and freely discussing with the City Manager anything pertaining to appointments and removals of City officers and employees and City affairs. (RCW 35A.13.120.) 5.02.1 Informal Communications Encouraged. The above RCW requirement is not to be construed as to prevent informal communications with City staff that do not involve orders, direction, or are meant to influence actions or administrative policy. Members of the Council are encouraged to interact informally and casually with City staff for the purpose of gathering information, obtaining explanations of policies and programs or providing incidental information to staff relevant to their assignment. Such informal contacts can serve to promote better understanding of specific City functions and problems. However, Councilmembers must be careful in such interaction to avoid giving direction or advice to members of City staff. While maintaining open lines of communication, City staff responding to information requests from Councilmembers will inform their supervisor of such contact and provide the supervisor with the same information shared with the Councilmember. 5.03 Administrative Complaints Made Directly to Individual Councilmembers. When administrative policy or administrative performance complaints are made directly to individual Councilmembers, the Councilmember shall then refer the matter directly to the City Manager for review and /or action. The individual Councilmember may request to be informed of the action or response made to the complaint. However, the City Manager shall not be required to divulge information he /she deems confidential, in conformity with applicable statutes, ordinances, regulations, policies or practices. 5.04 Administrative Complaints — "Best Practice." Although citizens' direct access to elected officials is to be encouraged to help develop public policy, City Councilmembers should not develop a "personal intervention" pattern in minor calls for service or administrative appeals which may actually delay a timely customer service response. The best policy is to get the citizen into direct contact with customer service unless an unsatisfactory result has occurred. In that case refer to Section 5.03 above. End ofArticle 5 Relations with City Manager & Administration ARTICLE 6 - PUBLIC HEARING PROCEDURES 6.00 There are two types of public hearings, legislative and quasi-judicial: (a) Legislative public hearing are hearings held to obtain public input on legislative decisions on matters of policy. Legislative public hearings are required by state law when a city or county addresses such matters as comprehensive land use plans, or the annual or biennial budget. They are generally less formal than quasi-judicial public hearings. They do not involve the legal rights of specific, private parties in a contested setting, but rather affect a wider range of citizens or perhaps the entire jurisdiction. The wisdom of legislative decisions reached as a result of such hearings is not second - guessed by the courts, if challenged, they are reviewed only to determine if they are constitutional or violate state law. For example, a court will not review whether the basic budgetary decisions made by a city were correctly made. (b) Quasi-judicial public hearings involve the legal rights of specific parties, and the decisions made as a result of such hearings must be based upon and supported by the "record" developed at the hearing. Quasi-judicial hearings are subject to stricter procedural requirements than legislative Governance Manual 18 DRAFT hearings. Most quasi-judicial hearings held by local government bodies involve land use matters, including site specific rezones, preliminary plats, variances, and conditional uses. (MRSC Public Hearings When and How to Hold Them by Bob Meinig, MRSC Legal Consultant August 1998) 6.01 Legislative Public Hearings: (a) State statutes do not specify how public hearings should be conducted. Because legislative hearings are generally informal, the main concern is to provide an opportunity for all attending members of the public to speak if they so desire. Time limits should be placed on individual comments if many people are intending to speak, and the public should be advised that comments must relate to the matter at hand. The "ground rules" for the conduct of the hearing should be stated by the presiding official at the beginning of the hearing. (b) Actions for a Public Hearing. Prior to the start of the public hearing, the Presiding Officer announces the following Rules of Order: 1. All public comments shall be made from the speaker's rostrum, and any individual making comments shall first give their name and address. This is required because an official recorded transcript of the public hearing is being made. 2. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. 3. Unless otherwise determined by the Presiding Officer, all comments by the public shall be limited to three minutes per speaker. 4 There will be no demonstrations, applause or other audience participation, before, during or at the conclusion of anyone's presentation. Such expressions are disruptive and take time away from the speakers. 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. The Presiding officer declares the public hearing on (topic) open, notes the time for such opening, and asks staff to make their presentation. d. After staff presentations, the Presiding Officer calls for public testimony. e. The presiding officer asks if any members of Council have questions of any of the speakers or staff. If any Councilmember has questions, the appropriate individual will be recalled to the podium. f. The presiding officer declares the public hearing closed and notes the time for such closing. 6.02 Quasi - Judicial Public Hearings: 1. Specific Statutory Provisions. Governance Manual 19 DRAFT a. Candidates for the City Council may express their opinions about pending or proposed quasi-judicial actions while campaigning, RCW 4236.040, except that sitting Councilmembers shall not express their opinions on any such matter which is or may come before the Council. b. A candidate for the City Council who complies with all provisions of applicable public disclosure and ethics laws, shall not be limited under the Appearance of Fairness Doctrine from accepting campaign contributions to finance the campaign, including outstanding debts. (RCW 42.36.050) c. Ex Parte communications should be avoided whenever possible. During the pendency of any quasi-judicial proceeding, no Councilmember may engage in ex parte communications with proponents or opponents about a proposal involved in the pending proceeding unless the Councilmember: (1) places on the record the substance of such oral or written communications; and (2) provides that a public announcement of the content of the communication and of the parties' rights to rebut the substance of the communication shall be made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and his or her elected official if the correspondence is made a part of the record, when it pertains to the subject matter of a quasi-judicial proceeding. (RCW 42.36.060) d. Public Disclosure File. The City Clerk shall maintain a public disclosure file, which shall be available for inspection by the public. As to elected officials, the file shall contain copies of all disclosure forms filed with the Washington State Public Disclosure Commission. e. Procedure On Application. Any person making application for any action leading to a quasi-judicial hearing before the Planning Commission and City Council shall be provided with a document containing the following information: (1) the names and address of all members of the City Council, and the Planning Commission, (2) a statement that public disclosure information is available for public inspection regarding all such Councilmembers, and (3) a statement that if the applicant intends to raise any appearance of fairness issue, the applicant should do so at least two (2) weeks prior to any public hearing, if the grounds for such issue are then known and in all cases, no later than before the opening of the public hearing. The applicant shall sign a receipt for such document. 2. Actions /Procedures for a Quasi - Judicial Public Hearing See the following Spokane Valley Municipal Code Appendix C for City Council appeal hearing procedures. Appendix C CITY COUNCIL APPEAL HEARING PROCEDURES A. The council shall not consider any new facts or evidence outside the verbatim transcript and certified record submitted by the hearing examiner, except for: 1. Grounds for disqualification of the hearing examiner, when such grounds were unknown by the appellant at the time the record was created; or 2. Matters that were improperly excluded from the record after being offered by a party to the hearing before the hearing examiner; or 3. Matters that were outside the jurisdiction of the hearing examiner. The council shall allow the record to be supplemented if the offering party demonstrates grounds for supplementation as set forth in subsections (A)(1), (2) or (3) of this appendix. a. Any party requesting that the record be supplemented shall submit such request, along with the specific evidence to be offered to the council, within 14 calendar days of the date the appeal hearing was scheduled. Governance Manual 20 DRAFT b. The council may require or permit the correction of ministerial errors or inadvertent omissions in the preparation of the record. c. The council will allow the submittal of memoranda by the appellant, or a party of record in opposition to the appeal, subject to the following requirements: I. The appellant may file a memorandum in support of the appeal. The memorandum must be filed no later than 12:00 noon on the third Friday preceding the date set by the council for consideration of the appeal. ii. Any party of record in opposition to the appeal may submit a reply memorandum in opposition to the appeal. Any reply memorandum must be filed no later than 12:00 noon on the second Friday preceding the date set for consideration of the appeal. iii. All memoranda shall be limited to stating why the record or applicable laws or regulations do or do not support the decision, and shall not contain any new facts or evidence, or discuss matters outside the record, except as permitted above. iv. The offering parry shall promptly submit a copy of the memorandum or request to supplement the record to the city attorney, and to opposing parties as practicable. B. The council will allow oral argument by the appellant, or a party of record in opposition to the appeal, subject to the following requirements: 1. It is expected that all parties can reasonably be aligned as either in support of the appeal or opposed to the appeal. Accordingly, all parties who desire to make oral argument shall communicate with other parties aligned on the same side of the appeal and attempt to reach agreement in selecting a representative, or otherwise arrange for the allocation of time allowed under these rules to those in support of or those opposed to the appeal. 2. Oral argument shall be presented first by the appellant, followed by those parties of record in opposition to the appeal, and then rebuttal and surrebuttal. 3. Oral argument shall be limited to stating why the record or applicable laws or regulations do not support the decision, and shall not contain any new facts or evidence unless allowed by subsection A of this appendix. 4. Oral argument shall be limited to 20 minutes total for the appellant, and 20 minutes total for those parties in opposition to the appeal, regardless of how many parties make up each side. 5. The respective times allowed for oral argument above include the combined time used by a side for opening argument, rebuttal and surrebuttal. The time taken to respond to questions from the council is not included in the time allowed for argument. C. The council may affirm or reverse the hearing examiner's decision, or remand it for further proceedings. The hearing examiner's decision will be presumed to be correct and supported by the record and law. A tie vote on any motion shall have the effect of affirming the hearing examiner's decision. D. The council may reverse the hearing examiner's decision, or remand it for further proceedings, if the appellant has carried the burden of establishing that one or more of the following standards is met: 1. The hearing examiner engaged in unlawful procedure or failed to follow a prescribed process, unless the error was harmless; 2. The decision is an erroneous interpretation of the law, after allowing for such deference as is due to construction of law by a local jurisdiction with expertise; 3. The decision is not supported by evidence that is substantial when viewed in light of the entire record; 4. The decision is a clearly erroneous application of the law to the facts; 5. The decision is outside the authority of the hearing examiner. E. The council may also remand the decision to the hearing examiner if the appellant offers newly discovered evidence that would reasonably have affected the decision had it been admitted in the proceedings before the hearing examiner. "Newly discovered evidence" is evidence that with reasonable diligence could not have been discovered and produced at the time the proceedings before the hearing examiner were conducted. Governance Manual 21 DRAFT F. The council shall adopt written findings and conclusion in support of its decision. If the council concludes that a finding of fact by the hearing examiner, upon which the decision is based, is not supported by substantial evidence, the council may modify the finding or substitute its own finding, citing substantial evidence in the record that supports the modified or substitute finding. In the event of a tie vote on the proposed findings of fact, that vote shall be considered a final action, the findings shall reflect the same, and the decision of the hearing examiner shall be affirmed. G. The council's decision shall include a notice stating that the decision can be appealed within 21 calendar days from the date the decision was issued, by filing a land use petition with the superior court as provided in Chapter 36.70C RCW and meeting the other provisions of such chapter, and that the decision shall act as official notice under RCW 43.21C.075. H. The notice included in the council's decision shall also state that affected property owners may request the Spokane County assessor for a change in valuation for property tax purposes notwithstanding any program of revaluation, pursuant to RCW 36.70B.130. I. The city clerk shall, within five business days from the date of the council's decision on the appeal, mail a copy of the council's decision to the appellant, the applicant (if different than the appellant), any other party who testified or submitted a memorandum at the closed record appeal hearing before the council, any person who requested notice of the decision, and any person who submitted substantive comments on the application. The city clerk shall also provide notice of the decision to the county assessor. J. Where the hearing examiner's decision recommends approval of the proposal and no appeal has been filed within the time period set forth above, the city manager or designee shall modify the official zoning map of the City according to the hearing examiner's decision. The modification of the zoning map completes the hearing examiner's decision and shall be considered the final legislative action of the city council. Such final action, for zoning purposes, is considered an official control of the City by exercise of its zoning and planning authority pursuant to Washington law. (Ord. 08 -022, 2008). 3. Appearance of Fairness Doctrine a. "The test of whether the appearance of fairness doctrine has been violated is ... as follows: Would a disinterested person, having been apprised of the totality of a board member's personal interest in a matter being acted upon, be reasonably justified in thinking that partiality may exist? If answered in the affirmative, such deliberations, and any course of conduct reached thereon, should be voided." Swift vs. Island County 87 Wn.2d 348 (1976). Smith vs. Skagit County 75 Wn.2d 715 (1969). b. Types of Hearings to Which the Doctrine Applies. The Appearance of Fairness Doctrine shall apply only to those actions of the Council which are quasi - judicial in nature. Quasi - judicial actions are defined as actions of the City Council which deternine the legal rights, duties, or privileges of specific parties in a hearing or other contested proceeding. Quasi-judicial actions do not include the legislative actions adopting, amending, or revising comprehensive, community, or neighborhood plans or other land use planning documents or the adoption of area -wide zoning ordinances or the adoption of a zoning amendment that is of area -wide (versus site - specific) significance (RCW 42.36.010). Street vacations are typically legislative actions, unless clearly tied to, and integrated into, a site- specific development proposal which is quasi-judicial in nature. Obligations of Councilmembers - Procedure. 1. Immediate self - disclosure of interests that may appear to constitute a conflict of interest is hereby encouraged. Councilmembers should recognize that the Appearance of Fairness Doctrine does not require establishment of a conflict of interest, but whether there is an appearance of conflict of interest to the average person. This may involve the Councilmember or a Councilmember's business associate, or a member of the Councilmember's immediate family. It could involve ex parte (outside the hearing) communications, ownership of property in the vicinity, business dealings with the proponents or opponents before or after the hearing, business Governance Manual 22 DRAFT dealings of the Councilmember's employer with the proponents or opponents, announced predisposition, and the like. Prior to any quasi-judicial hearing, each councilmember should give consideration to whether a potential violation of the Appearance of Fairness Doctrine exists. If the answer is in the affirmative, no matter how remote, the Councilmember should disclose such facts to the City Manager who will seek the opinion of the City Attorney as to whether a potential violation of the Appearance of Fairness Doctrine exists. The City Manager shall communicate such opinion to the Councilmember and to the Presiding Officer. 2. Anyone seeking to disqualify a Councilmember from participating in a decision on the basis of a violation of the Appearance of Fairness Doctrine must raise the challenge as soon as the basis for disqualification is made known, or reasonably should have been made known, prior to the issuance of the decision. Upon failure to do so, the Doctrine may not be relied upon to invalidate the decision. The party seeking to disqualify the Councilmember shall state with specificity the basis for disqualification; for example: demonstrated bias or prejudice for or against a party to the proceedings, a monetary interest in outcome of the proceedings, prejudgment of the issue prior to hearing the facts on the record, or ex parte contact. Should such challenge be made prior to the hearing, the City Manager shall direct the City Attorney to interview the Councilmember and render an opinion as to the likelihood that an Appearance of Fairness violation would be sustained in Superior Court. Should such challenge be made in the course of a quasi - judicial hearing, the Councilmember shall either recuse him/herself or the Presiding Officer shall call a recess to permit the City Attorney to make such interview and render such opinion. 3. The Presiding Officer shall have authority to request a Councilmember to excuse him /herself on the basis of an Appearance of Fairness violation. Further, if two (2) or more Councilmembers believe that an Appearance of Fairness violation exists, such individuals may move to request a Councilmember to excuse him/herself on the basis of an Appearance of Fairness violation. In arriving at this decision, the Presiding Officer or other Councilmembers shall give due regard to the opinion of the City Attorney. d. When Council conducts a hearing to which the Appearance of Fairness Doctrine applies, the Presiding Officer (or in the case of a potential violation by that individual, the Mayor Pro Tem) will ask if any Councilmember 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 Councilmembers should now give consideration as to whether they have: 1. A demonstrated bias or prejudice for or against any parry to the proceedings; 2. A direct or indirect monetary interest in the outcome of the proceedings; 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. If any Councilmember should answer in the affirmative, then the Councilmembers should state the reason for his/her answer at this time, so that the Chair may inquire of administration as to whether a violation of the Appearance of Fairness Doctrine exists. End ofArticle 6 - Public Hearing Procedures ARTICLE 7 — USE OF RULES Governance Manual 23 DRAFT 7.01 Purpose. These City Council Rules of Procedure are designed to provide guidance for the City Council. They are not to be considered restrictions or expansions of City Council authority. These rules have been prepared from review of many statutes, ordinances, court cases and other sources but they are not intended to be an amendment or substitute for those statutes, ordinances, court decisions or other authority. 7.02 Use. No action taken by a Councilmember or by the Council which is not in compliance with these rules, but which is otherwise lawful, shall invalidate such Councilmember's or Council action or be deemed a violation of oath of office, misfeasance or malfeasance. No authority other than the City Council may enforce these rules or rely on these rules. Failure of the City Council to follow any of these rules shall be considered a Council decision to waive such rule. No notice of such waiver need be given. 7.03 Public Use or Reliance Not Intended. Because these rules are designed to assist the City Council and not to provide substantive rules affecting constituents, it is expressly stated that these rules do not constitute land use regulations, official controls, "appearance of fairness rules," public hearing rules or other substantive rules binding upon or to be used by or relied upon by members of the public. These rules do not amend statutory or other regulatory (such as ordinance) requirements. End ofArticle 7 Use of Rule Governance Manual 24 DRAFT EXHIBIT A -1 MEMORANDUM Sometimes an important happening occurs in the City where Councilmembers should be briefed: For example: Major News! Accident, Disaster, Major Utility Failure! Storm Damage Major Police Problem Civil Emergency A pre - arranged "telephone tree" informs the entire Council of important happenings in the shortest possible time. An informed Councilmember can avoid embarrassment when asked by a citizen about a major event even when it does not involve the Council in any direct way. The telephone tree for timely briefings of major emergency news is shown on the attached sheet. The Mayor should assign the tree according to availability of the members. Governance Manual 25 APRIL , 200 DATE: TO: CITY COUNCIL FROM: CITY MANAGER SUBJECT: EMERGENCY TELEPHONE TREE FOR SPOKANE VALLEY GOVERNMENT Sometimes an important happening occurs in the City where Councilmembers should be briefed: For example: Major News! Accident, Disaster, Major Utility Failure! Storm Damage Major Police Problem Civil Emergency A pre - arranged "telephone tree" informs the entire Council of important happenings in the shortest possible time. An informed Councilmember can avoid embarrassment when asked by a citizen about a major event even when it does not involve the Council in any direct way. The telephone tree for timely briefings of major emergency news is shown on the attached sheet. The Mayor should assign the tree according to availability of the members. Governance Manual 25 DRAFT EXHIBIT A -2 Telephone Tree for Council/Manager Government COUNCILMEMBER First call by Mayor or City Manager MAYOR OR CITY MANAGER Name Phone (work) Phone (home) Cellular Name Phone (work) Phone (home) Cellular I COUNCILMEMBER Name Phone (work) Phone (home) Cellular 2 ND COUNCILMEMBER Name Phone (work) Phone (home) Cellular COUNCILMEMBER Name Phone (work) Phone (home) Cellular Name Phone (work) Phone (home) Cellular COUNCILMEMBER Name Phone (work) Phone (home) Cellular COUNCILMEMBER Name Phone (work) Phone (home) Cellular Governance Manual 26 DRAFT Exhibit A -3 Parliamentary Procedure at a Glance To do this: you say this: May you interrupt speaker? Must be seconded? Is motion debatable? Vote required Introduce business "I move that..." NO YES YES MAJORITY Amend a motion "I move to amend this motion" NO YES YES MAJORITY Request information "Point of information" YES NO NO NO VOTE Suspend further discussion "I move we table it" NO YES NO MAJORITY End debate and bring matter to an immediate vote (call for the question) "I move the previous question..." or "I call for the question" NO YES NO MAJORITY Postpone discussion "I move we postpone this matter until..." NO YES YES MAJORITY Have something further studied by a committee "I move we refer..." NO YES YES MAJORITY Ask for a vote count to verify a voice vote "I call for a division of the house" NO NO NO NO VOTE Object to considering some matter "I object to consideration of this" YES NO NO MAJORITY Take up a matter previously tabled "I move to take from the table..." NO YES NO MAJORITY Reconsider something already disposed of "I move we reconsider action on YES YES YES MAJORITY Consider something in unscheduled order "I move we suspend the rules and NO YES NO MAJORITY Vote on a ruling by the chair "I appeal the chair's decision" YES YES YES MAJORITY Object to procedure or personal affront- -chair decides "Point of order" YES NO NO NO VOTE Complain about noise, room temperature, etc. "Point of privilege" YES NO NO NO VOTE Recess the meeting "I move that we recess until..." NO YES NO MAJORITY Adjourn the meeting "I move that we adjourn" NO YES NO MAJORITY Governance Manual 27 DRAFT EXHIBIT A -4 City Manager (proposed draft) Administration study draft (proposed draft) LEGISLATIVE PROCESS FLOW CHART City Council Council Study Session (Council draft or summaiv) City Council I' Reading Public Meeting (Council draft) City Council 2n Reading Ordinances (Council ordinance) ADOPTED POLICY /LAW OF THE CITY Citizens (proposed draft) If I Zej ected Initiative Filed (only for matters subject to initiative in accordance with Washington law) Election held If approved by voters, ordinance prepared Governance Manual 28 DRAFT EXHIBIT A -5 Standing Committees or Commissions required by law shall be appointed by Mayor for a time certain not to exceed the term provided by law or the term of office of the appointing Mayor and confirmed by Council: Finance -- 3 members Planning Commission -- 7 members Lodging Tax Advisory Committee -- 5 members. Committee Procedures: The Finance Committee shall have no regular prescribed duties or meetings except the bills /payroll and warrant procedures required by state law, unless specifically charged by the City Council. Committee meetings (when held) should be open to the public, including the media, unless discussing matters which would qualify for an executive session if discussed within the whole Council. All Council Committee meetings shall be for the purpose of considering legislative policy matters, rather than administrative matters unless requested by the City Manager. Legislative policy considerations should be brought to the Council unless referred to a committee for pre - study. The Mayor may appoint such other ad hoc advisory committees or liaisons from the Council or community for the purpose of advising the Council in legislative policy matters. All ad hoc committees shall be defined by a clear task and a method of "sunsetting" the committee at the conclusion of the assigned task. 2. Council liaison appointees shall be appointed by the Mayor and confirmed by the Council for a time certain not to exceed the term of the appointing Mayor. Liaison Procedures. Individual members of the Council may be assigned as liaisons whose duties involve keeping current with a group or activity by either attendance when the group or activity takes place or communication with appropriate leaders so the liaison Councilmember can keep Council inforined. Liaisons may, at times, advocate Council actions on behalf of their assigned group or activity. Extreme care must be taken to avoid an Appearance of Fairness Doctrine violation, or conflict of interest possibilities with agencies or circumstances where such possibilities may exist (i.e.: Planning Commission quasi-judicial). Liaisons functions and duties may be further defined and /or directed by the Presiding Officer with concurrence of Council. 4. Task Force Creation Criteria. The City Council may, from time to time, create, and appoint members to, small Task Force Groups for the purpose of examining issues and making recommendations important to the City Council but not requiring the more formalized process stated in (5) below. In all cases, the instrument appointing a Task Force shall prescribe a time certain for the work of the Task Force, contain a clear task assignment and a method of "sunsetting" the group upon completion of the task. Task Force /Public Forum Steering Group for Public Issues of high interest /high impact. Upon motion of the City Council, a Councilmember may be appointed by the Mayor as a liaison leader to organize a steering group to strategize a particular community subject or issue. The steering group shall consist of two Councilmembers and one representative of City Administration. The Councilmembers shall be appointed by the Mayor and the technical support shall be appointed by the City Manager. Such appointments shall identify the task(s) and a method of determining how the group shall "sunset" when the task is completed. The steering group shall serve as a collection point for information and activity pertaining to the task or issue assigned. Various City representation roles and Council liaisons may be involved in bringing information together on the task or issue. The steering group liaison informs Council of the group's activity at Council meetings (when appropriate). A task force group may then be created by Council motion (directive) to function according to the model attached as Exhibit A6(1). Governance Manual 29 DRAFT 6. Task Force /Public Forum Procedures. When major public policy development warrants, and after adequate preparation of issues and alternatives, the steering group may conduct larger citizen forums to help develop a public consensus on the issues. The product of such citizen forums, when held, shall be presented to the City Council prior to the customary City Council deliberations (i.e., agenda actions, public hearings, etc.) which could normally result in final action. The procedures are further illustrated in Exhibit A6(1) attached. The City Manager may also appoint such ad hoc or special projects administrative advisory task groups as he or she may deem necessary to assist City administrative activity. Such appointments shall identify the task(s) and a method of determining how the group shall "sunset" when the task is completed. Citizens Task Force Steering Procedures. When the nature of a major issue indicates a need for increased citizen involvement or expertise at the steering level of a task force, the Council may, by legislative directive, commission a Citizens Task Force Steering Group consisting of one (1) councilmember, one (1) qualified citizen, and the City Manager. The Citizens Task Force shall function in a manner similar to the Task Force Procedures contained in Sections 4 and 5 above. The procedures are further illustrated in Exhibit A7, attached. 8. Multi- Agency Coordinating Task Force Steering Procedures. When a major public /private effort involves key agencies outside of City Government but vital to community coordination, the Council may create by legislative directive, an appropriately named (Multi - Agency) Coordinating Task Force Steering Group. Membership shall consist of one (1) councilmember, the City Manager, one (1) representative from each City Board or Commission key to the issue or project and one (1) member from each private, non- profit agency with key interest or resources vital to the issue or project. Each agency shall appoint one (1) member to serve on the Steering Group and one (1) member to serve as alternate. Except for the first organizational start-up meeting, alternates shall not attend Steering Group meetings. Steering Group members shall function in a manner similar to the task force procedures described in Sections 4, 5, and 6 above. The procedures are further illustrated in Exhibit A6(2) attached. 9. General Town Hall /Neighborhood Meetings. The public should be encouraged to attend regular and special City Council meetings to participate in their government. The City Council Rules of Procedure are designed to facilitate an open atmosphere for citizen participation. However, any two (2), but not more than three (3), members of the City Council may desire to convene a citizens' town hall /neighborhood meeting or series of meetings for the purpose of providing a general forum on city operations. Such town hall meetings shall, when convened, provide information pertaining to any known issues as well as opportunity for citizens to express their views on any subject. The Councilmembers may request that the City Manager or his/her designee attend these meetings to answer questions on administrative matters. Although not official council meetings, members of the City Council shall report issues to the City Council. Councilmembers should avoid discussion or receiving testimony which pertains or may pertain to potential lawsuits, land use issues, or other quasi - judicial proceedings which might later come before the Council. Governance Manual 30 DRAFT EXHIBIT A -6(1) TASK FORCE /TOWN HALL MEETINGS GENERAL MODEL EXMIT A -6(1) TASU FORGEITOWN HALL MEETINGS GENERAL MODEL City Council Final Public Input Meetings Fonaa Pmmal agenda Liaison Rule discussion, public Councilmembw information two Public Process comment, public Way communication Wig• ctc. ■ I'as]t F arce Citizen Input Path Report to Council by SteQxi>Iag- steering group 2 Council (appointed by Ialayor) City Manager (Technical Support) Appointed by CM Repreaentation/Coordlnatlon Roles by Councilmembcr, Staff Pulalilc Process Role Open Subject Tom Hall Meetings Ini[]rmation coordinated byst- - group— reports to Council by liaison or directlyto public task force fiarums Regional Groups w N Taslc Force lPubuc Forums* *Public F'orvw *Townikamntings *Hearings, etc. C Issue couseosus rorama Presentallon, 90uA dCscoss M4 kattify issum. devrlop cowt]" *Can be as appointed core group with general public forum or closed group, depending on issues Technical Groups & ` Local Interest Groups Organizations I & Organizations MOTION "To Approve the Task For= Town Hall General Model Hercia Contained and Incorporated as Exhibit A6 (I) of the City of Spokane Walley Council Rules of Prucedure," Governance Manual 31 DRAFT EXHIBIT A -6(2) MULTI - AGENCY COORDINATING TASK FORCE MODEL EXMIT A -6(2) MULTI -WENCY COORAINATM msmrORc>gmoDEL City Council Pinal Public Input When Me Meetings Forum Coundw=bcdcit'Managcr& two Faauel W"I' Non City Limmu Rale gray cu , nm'e�;��ri oa -� Public Pao= d'ueu iDN public cao mmk public AgmcylGmup Twu -W'+Y ncuiaPt. cRc. Non City cYf�np City Board or Task Force Input #`ask Forrc a Steering Group C °mm�ssr°n I'atlt Report a Counca by stecrinfc 1 Cow�sLmernLer ,I1'tty � Q]mp. Plan 1- CityBoardor Rcxicw Commission. . fownHallfeetiags + I -Non City AgencylGroup 1 -Non City AgencylQr0up Task Yorce Public Qua agen appoiurs Its roratads'* owamp) Infmmfa oa comliaalyd CSlircn Issue bysteenoggia— *OPon Hesse Fo rums Consmso orgtpAgencyb,y #TNmHalllvfutup Forums RepreseatatieolCootdinalim liaison or directly to *Club Praaramsrnfo Pr" Rolts by S k4dug Group Public tas& force farains dL%mians, Members � idrauiPy iSSUes, dwrtop *Cam be an appointed rare group With wsoaous general public foizrm or closed puup, depending on issues MOTION "To Appr c the Multi- A.geaey Coarditrating Task Force General Model i'lan Community ma Chartliercin Cootaiued and Incorporated as rmation and 1 z"T al Groups & Local Interest Groups Exhibit A,6(2) of the City of Spokane Pall €y IHY01Yement Strat {argaI IZmtlanS & Organizations Gonmanee Coordination Rules of Service Clubs, etc. Procedure." i Governance Manual 32 DRAFT EXHIBIT A -7 CITIZEN'S TASK FORCE GENERAL MODEL CHART err A-7 Motion 'To Approve she Citize& Task Force General NWel Chart Herein Cantamed andlncoriwratad as ExtiihitAl ofthe City of Spokane Valley Coundrl Rules ofPmcedinc," CITIZENS TASK FORCE City Council Firal r urcan uwc0lx�, M aotingS rLWeg e n d Forum Wan, p GENERAL MODEL uar snrpwar Formal agnda dlscvssln, publL-- oararymmwn Pub It Pr�cesa comment, public hoarings, etc. I Cluzon Input path u Council by steoring group Public Fonw* Citizen issue Consensus Forums * Task F -IC presenlabon, group discussions, -- * Town Hall Meetings identify issues, develop consonsus * Others RepresuntotionfCourdlnatlon Rules by Councllmumber, C[timn or Staff Terhnlcat Gmvps Local Interest Regional Groups 80tganlzauons 'Cross s 6 Crganlmggns �l w s Governance Manual 'Task Forco 5teettng 1 Council - (appointed by Mayor) 1 Citizen - ME= Input M. (appointed try Mayor _ Qualified approved by Council) non -siry official appointee public Process -- Community Conwisus Role 1 Staff - L� (appointed by City Manager) intorrnauon coordinated by C7echnical Support) stoering group - reports to Gounoll by (]ikon or d[rocuy to public fasktorce forums Cluzon Input path u Council by steoring group Public Fonw* Citizen issue Consensus Forums * Task F -IC presenlabon, group discussions, -- * Town Hall Meetings identify issues, develop consonsus * Others RepresuntotionfCourdlnatlon Rules by Councllmumber, C[timn or Staff Terhnlcat Gmvps Local Interest Regional Groups 80tganlzauons 'Cross s 6 Crganlmggns �l w s Governance Manual DRAFT EXHIBIT A -8 Chapter 35A.13 RCW Council- manager plan of government Chapter Listing RCW Sections 35A.13.010 City officers -- Size of council. 35A.13.020 Election of councilmen -- Eligibility -- Terms -- Vacancies -- Forfeiture of office -- Council chairman. 35A.13.030 Mayor -- Election -- Chairman to be mayor -- Duties. 35A.13.033 Election on proposition to designate person elected to position one as chairman -- Subsequent holders of position one to be chairman. 35A.13.035 Mayor pro tem pore or deputy mayor. 35A.13.040 Compensation of councilmen -- Expenses. 35A.13.050 City manager -- Qualifications. 35A.13.060 City manager may serve two or more cities. 35A.13.070 City manager -- Bond and oath. 35A.13.080 City manager -- Powers and duties. 35A.13.090 Creation of departments, offices, and employment -- Compensation. 35A.13.100 City manager -- Department heads -- Authority. 35A.13.110 City manager -- Appointment of subordinates -- Qualifications -- Terms. 35A.13.120 City manager-- Interference by council members. 35A.13.130 City manager -- Removal -- Resolution and notice. 35A.13.140 City manager -- Removal -- Reply and hearing. 35A.13.150 City manager -- Substitute. 35A.13.160 Oath and bond of officers. 35A.13.170 Council meetings -- Quorum -- Rules -- Voting. 35A.13.180 Adoption of codes by reference. 35A.13.190 Ordinances -- Style -- Requisites -- Veto. 35A.13.200 Authentication, recording and publication of ordinances. 35A.13.210 Audit and allowance of demands against city. 35A.13.220 Optional division of city into wards. 35A.13.230 Powers of council. 35A.13.010 City officers — Size of council. The councilmembers shall be the only elective officers of a code city electing to adopt the council- manager plan of government authorized by this chapter, except where statutes provide for an elective municipal judge. The council shall appoint an officer whose title shall be "city manager" who shall be the chief executive officer and head of the administrative branch of the city government. The city manager shall be responsible to the council for the proper administration of all affairs of the code city. The council of a noncharter code city having less than twenty -five hundred inhabitants shall consist of five members; when there are twenty -five hundred or more inhabitants the council shall consist of seven members: PROVIDED, That if the population of a city after having become a code city decreases from twenty -five hundred or more to less than twenty -five hundred, it shall continue to have a seven member council. If, after a city has become a council- manager code city its population increases to twenty -five hundred or more inhabitants, the number of councilmanic offices in such city may increase from five to seven members upon the affirmative vote of a majority of the existing council to increase the number of councilmanic offices in the city. When the population of a council- manager code city having five councilmanic offices increases to five thousand or more inhabitants, the number of councilmanic offices in the city shall increase from five to seven members. In the event of an increase in the number of councilmanic offices, the city council shall, by majority vote, pursuant to RCW 35A.13.020 appoint two persons to serve in these offices until the next municipal general election, at which election one person shall be elected for a two -year term and one person shall be elected for a four -year term. The number of inhabitants shall be determined by the most recent official state or federal census or determination by the state office of financial management. A charter adopted under the provisions of this title, incorporating the council- manager plan of government set forth in this chapter may provide for an uneven number of councilmembers not exceeding eleven. Govemance Manual 34 DRAFT A noncharter code city of less than five thousand inhabitants which has elected the council- manager plan of government and which has seven councilmanic offices may establish a five - member council in accordance with the following procedure. At least six months prior to a municipal general election, the city council shall adopt an ordinance providing for reduction in the number of councilmanic offices to five. The ordinance shall specify which two councilmanic offices, the terms of which expire at the next general election, are to be terminated. The ordinance shall provide for the renumbering of council positions and shall also provide for a two -year extension of the term of office of a retained councilmanic office, if necessary, in order to comply with RCW 35A.12.040. However, a noncharter code city that has retained its old council- manager plan of government, as provided in RCW 35A.02.130, is subject to the laws applicable to that old plan of government. [1994 c 223 § 35; 1994 c 81 § 72; 1987 c3 § 16; 1985 c 106 § 2; 1983 c 128 § 2; 1979 ex.s. c 18 § 24; 1979c 151 § 34; 1967 ex.s. c 119 § 35A.13.010 Notes: Severability -- 1987 c 3: See note following RCW 3.46.020. Severability -- 1979 ex.s. c 18: See note following RCW 35A.01.070. Population determinations, office of financial management: Chapter 43.62 RCW. 35A.13.020 Election of councilmen — Eligibility— Terms — Vacancies — Forfeiture of office — Council chairman. In council- manager code cities, eligibility for election to the council, the manner of electing councilmen, the numbering of council positions, the terms of councilmen, the occurrence and the filling of vacancies, the grounds for forfeiture of office, and appointment of a mayor pro tempore or deputy mayor or councilman pro tempore shall be governed by the corresponding provisions of RCW 35A.12.030, 35A.12.040, 35A.12.050, 35A.12.060, and 35A.12.065 relating to the council of a code city organized under the mayor - council plan, except that in council- manager cities where all council positions are at -large positions, the city council may, pursuant to RCW 35A.13.033 provide that the person elected to council position one shall be the council chairman and shall carry out the duties prescribed by RCW 35A.13.030 [1994 c 223 § 36; 1975 1st ex.s. c 155 § 1; 1967 ex.s. c 119 § 35A.13.020 35A.13.030 Mayor — Election — Chairman to be mayor — Duties. Biennially at the first meeting of the new council the members thereof shall choose a chairman from among their number unless the chairman is elected pursuant to RCW 35A.13.033 The chairman of the council shall have the title of mayor and shall preside at meetings of the council. In addition to the powers conferred upon him as mayor, he shall continue to have all the rights, privileges, and immunities of a member of the council. The mayor shall be recognized as the head of the city for ceremonial purposes and by the governor for purposes of military law. He shall have no regular administrative duties, but in time of public danger or emergency, if so authorized by ordinance, shall take command of the police, maintain law, and enforce order. [1975 1st ex.s. c 155 § 2; 1967 ex.s. c 119 § 35A.13.030 35A.13.033 Election on proposition to designate person elected to position one as chairman — Subsequent holders of position one to be chairman. The city council of a council- manager city may by resolution place before the voters of the city, a proposition to designate the person elected to council position one as the chairman of the council with the powers and duties set forth in RCW 35A.13.030 If a majority of those voting on the proposition cast a positive vote, then at all subsequent general elections at which position one is on the ballot, the person who is elected to position one shall become the chairman upon taking office. [1975 1st ex.s. c 155 § 3.] Govemance Manual 35 DRAFT 35A.13.035 Mayor pro tempore or deputy mayor. Biennially at the first meeting of a new council, or periodically, the members thereof, by majority vote, may designate one of their number as mayor pro tempore or deputy mayor for such period as the council may specify, to serve in the absence or temporary disability of the mayor; or, in lieu thereof, the council may, as the need may arise, appoint any qualified person to serve as mayor pro tempore in the absence or temporary disability of the mayor. In the event of the extended excused absence or disability of a councilman, the remaining members by majority vote may appoint a councilman pro tempore to serve during the absence or disability. [1969 ex.s. c 81 § 1.]Notes: Effective date -- 1969 ex.s. c 81: "This 1969 amendatory act shall take effect July 1 1969." [1969 ex.s. c 81 § 7.] 35A.13.040 Compensation of councilmen — Expenses. The salaries of the councilmen, including the mayor, shall be fixed by ordinance and may be revised from time to time by ordinance, but any increase or reduction in the compensation attaching to an office shall not become effective until the expiration of the term then being served by the incumbent: PROVIDED, That compensation of councilmen may not be increased or diminished after their election nor may the compensation of the mayor be increased or diminished after the mayor has been chosen by the council. Until councilmen of a newly- organized council- manager code city may lawfully be paid as provided by salary ordinance, such councilmen shall be entitled to compensation in the same manner and in the same amount as councilmen of such city prior to the adoption of this council- manager plan. Until a salary ordinance can be passed and become effective as to elective officers of a newly incorporated code city, the first councilmen shall be entitled to compensation as follows: In cities having less than five thousand inhabitants -- twenty dollars per meeting for not more than two meetings per month; in cities having more than five thousand but less than fifteen thousand inhabitants -- a salary of one hundred and fifty dollars per calendar month; in cities having more than fifteen thousand inhabitants -- a salary of four hundred dollars per calendar month. A councilman who is occupying the position of mayor, in addition to his salary as a councilman, shall be entitled, while serving as mayor, to an additional amount per calendar month, or portion thereof, equal to twenty -five percent of the councilmanic salary: PROVIDED, That such interim compensation shall remain in effect only until a salary ordinance is passed and becomes effective as to such officers, and the compensation provided herein shall not be construed as fixing the usual compensation of such officers. Councilmen shall receive reimbursement for their actual and necessary expenses incurred in the performance of the duties of their office, or the council by ordinance may provide for a per diem allowance. Procedure for approval of claims for expenses shall be as provided by ordinance. [1979 ex.s. c 18 § 25; 1967 ex.s. c 119 § 35A.13.040 Notes: Severability -- 1979 ex.s. c 18: See note following RCW 35A.01.070. 35A.13.050 City manager — Qualifications. The city manager need not be a resident at the time of his appointment, but shall reside in the code city after his appointment unless such residence is waived by the council. 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. 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 was elected. [1967 ex.s. c 119 § 35A.13.050 Govemance Manual 36 DRAFT 35A.13.060 City manager may serve two or more cities. Whether the city manager shall devote his full time to the affairs of one code city shall be determined by the council. A city manager may serve two or more cities in that capacity at the same time. [1967 ex.s. c 119 § 35A.13.060 35A.13.070 City manager — Bond and oath. Before entering upon the duties of his office the city manager shall take an oath or affirmation for the faithful performance of his duties and shall execute and file with the clerk of the council a bond in favor of the code city in such sum as may be fixed by the council. The premium on such bond shall be paid by the city. [1967 ex.s. c 119 § 35A.13.070 35A.13.080 City manager — Powers and duties. The powers and duties of the city manager shall be: (1) To have general supervision over the administrative affairs of the code city; (2) To appoint and remove at any time all department heads, officers, and employees of the code city, except members of the council, and subject to the provisions of any applicable law, rule, or regulation relating to civil service: PROVIDED, That the council may provide for the appointment by the mayor, subject to confirmation by the council, of a city planning commission, and other advisory citizens' committees, commissions, and boards advisory to the city council: PROVIDED FURTHER, That if the municipal judge of the code city is appointed, such appointment shall be made by the city manager subject to confirmation by the council, for a four year term. The council may cause an audit to be made of any department or office of the code city government and may select the persons to make it, without the advice or consent of the city manager; (3) To attend all meetings of the council at which his attendance may be required by that body; (4) To see that all laws and ordinances are faithfully executed, subject to the authority which the council may grant the mayor to maintain law and order in times of emergency; (5) To recommend for adoption by the council such measures as he may deem necessary or expedient; (6) To prepare and submit to the council such reports as may be required by that body or as he may deem it advisable to submit; (7) To keep the council fully advised of the financial condition of the code city and its future needs; (8) To prepare and submit to the council a proposed budget for the fiscal year, as required by chapter 35A.33 RCW, and to be responsible for its administration upon adoption; (9) To perform such other duties as the council may determine by ordinance or resolution. [1987 c 3 § 17; 1967 ex.s. c 119 § 35A.13.080 Notes: Severability -- 1987 c 3: See note following RCW 3.46.020. 35A.13.090 Creation of departments, offices, and employment — Compensation. On recommendation of the city manager or upon its own action, the council may create such departments, offices, and employments as it may find necessary or advisable and may determine the powers and duties of each Govemance Manual 37 DRAFT department or office. Compensation of appointive officers and employees may be fixed by ordinance after recommendations are made by the city manager. The appointive officers shall include a city clerk and a chief of police or other law enforcement officer. Pursuant to recommendation of the city manager, the council shall make provision for obtaining legal counsel for the city, either by appointment of a city attorney on a full time or part time basis, or by any reasonable contractual arrangement for such professional services. [1967 ex.s. c 119 § 35A.13.090 35A.13.100 City manager — Department heads — Authority. The city manager may authorize the head of a department or office responsible to him to appoint and remove subordinates in such department or office. Any officer or employee who may be appointed by the city manager, or by the head of a department or office, except one who holds his position subject to civil service, may be removed by the manager or other such appointing officer at any time subject to any applicable law, rule, or regulation relating to civil service. Subject to the provisions of RCW 35A.13.080 and any applicable civil service provisions, the decision of the manager or other appointing officer, shall be final and there shall be no appeal therefrom to any other office, body, or court whatsoever. [1967 ex.s. c 119 § 35A.13.100 35A.13.110 City manager — Appointment of subordinates — Qualifications — Terms. Appointments made by or under the authority of the city manager shall be on the basis of ability and training or experience of the appointees in the duties which they are to perform, and shall be in compliance with provisions of any merit system applicable to such city. Residence within the code city shall not be a requirement. All such appointments shall be without definite term. [1967 ex.s. c 119 § 35A.13.110 35A.13.120 City manager — Interference by council members. Neither the council, nor any of its committees or members, shall direct the appointment of any person to, or his removal from, office by the city manager or any of his subordinates. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the manager and neither the council nor any committee or member thereof shall give orders to any subordinate of the city manager, either publicly or privately. The provisions of this section do not prohibit the council, while in open session, from fully and freely discussing with the city manager anything pertaining to appointments and removals of city officers and employees and city affairs. [1967 ex.s. c 119 § 35A.13.120 35A.13.130 City manager — Removal — Resolution and notice. The city manager shall be appointed for an indefinite term and may be removed by a majority vote of the council. At least thirty days before the effective date of his removal, the city manager must be furnished with a formal statement in the form of a resolution passed by a majority vote of the city council stating the council's intention to remove him and the reasons therefor. Upon passage of the resolution stating the council's intention to remove the manager, the council by a similar vote may suspend him from duty, but his pay shall continue until his removal becomes effective. [1967 ex.s. c 119 § 35A.13.130 35A.13.140 City manager — Removal — Reply and hearing. The city manager may, within thirty days from the date of service upon him of a copy thereof, reply in writing to the resolution stating the council's intention to remove him. In the event no reply is timely filed, the resolution shall upon the thirty -first day from the date of such service, constitute the final resolution removing the manager and his services shall terminate upon that day. If a reply shall be timely filed with the city clerk, the council shall fix a time for a public Govemance Manual 38 DRAFT hearing upon the question of the manager's removal and a final resolution removing the manager shall not be adopted until a public hearing has been had. The action of the council in removing the manager shall be final. [1967 ex.s. c 119 § 35A.13.140 35A.13.150 City manager — Substitute. The council may designate a qualified administrative officer of the city or town to perform the duties of manager: (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. [1967 ex.s. c 119 § 35A.13.150 35A.13.160 Oath and bond of officers. All provisions of RCW 35A.12.080 relating to oaths and bonds of officers, shall be applicable to code cities organized under this council- manager plan. [1967 ex.s. c 119 § 35A.13.160 35A.13.170 Council meetings — Quorum — Rules — Voting. All provisions of RCW 35A.12.110, as now or hereafter amended, and 35A.12.120, relating to council meetings, a quorum for transaction of business, rules and voting at council meetings, shall be applicable to code cities organized under this council- manager plan. [1979 ex.s. c 18 § 26; 1967 ex.s. c 119 § 35A.13.170 Notes: Severability -- 1979 ex.s. c 18: See note following RCW 35A.01.070. 35A.13.180 Adoption of codes by reference. Ordinances of cities organized under this chapter may adopt codes by reference as provided in RCW 35A.12.140. [1967 ex.s. c 119 § 35A.13.180 35A.13.190 Ordinances — Style — Requisites — Veto. The enacting clause of all ordinances shall be as follows: "The city council of the city of ...... do ordain as follows:" No ordinance shall contain more than one subject and that must be clearly expressed in its title. No ordinance or any section or subsection thereof shall be revised or amended unless the new ordinance sets forth the revised ordinance or the amended section or subsection at full length. No ordinance shall take effect until five days after the date of its publication unless otherwise provided by statute or charter, except that an ordinance passed by a majority plus one of the whole membership of the council, designated therein as a public emergency ordinance necessary for the protection of public health, public safety, public property or the public peace, may be made effective upon adoption, but such ordinance may not levy taxes, grant, renew, or extend a franchise, or authorize the borrowing of money. [1967 ex.s. c 119 § 35A.13.190 Govemance Manual 39 DRAFT 35A.13.200 Authentication, recording and publication of ordinances. Ordinances of code cities organized under this chapter shall be authenticated, recorded and published as provided in RCW 35A.12.150 and 35A.12.160. [1967 ex.s. c 119 § 35A.13.200 35A.13.210 Audit and allowance of demands against city. RCW 35A.12.170 shall apply to the audit and allowance of demands against the city. [1967 ex.s. c 119 § 35A.13.210 35A.13.220 Optional division of city into wards. A code city organized under this chapter may be divided into wards as provided in RCW 35A.12.180. [1967 ex.s. c 119 § 35A.13.220 35A.13.230 Powers of council. The council of any code city organized under the council- manager plan provided in this chapter shall have the powers and authority granted to legislative bodies of cities governed by this title as more particularly described in chapter 35A.11 RCW, except insofar as such power and authority is vested in the city manager. [1967 ex.s. c 119 § 35A.13.230 Govemance Manual 40 DRAFT XHIBIT A -9 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 07 -019 AMENDED GENERAL POLICY RESOLUTION OF CORE BELIEFS A RESOLUTION OF THE CITY OF SPOKANE VALLEY AMENDING RESOLUTION 03 -027, ESTABLISHING A GENERAL POLICY RESOLUTION EMANATING FROM THE CORE BELIEFS OF THE CITY COUNCIL AND COMMUNITY AND SETTING FORTH DUTIES OF BOTH ELECTED AND APPOINTED OFFICIALS OF THE CITY TO HELP GUIDE LEGISLATIVE AND EXECUTIVE DECISIONS TOWARD EFFECTIVE, RESPONSIVE, AND OPEN GOVERNMENT WHEREAS, the City Council of the City of Spokane Valley, as the elective legislative body, is charged with promulgating Ordinances and Resolutions which become the law of the city; and WHEREAS, such Ordinances and Resolutions must provide enforceable provisions subordinate to, and in harmony with, all other applicable federal and state statutes and regulations; and WHEREAS, the City Council desires to provide a clear set of general policy guidelines for the conduct of city government; Section 1. Modifying Resolution 03 -027 as set forth below by adding new section 7. The remainder of the resolution 03 -027 is unchanged: NOW, THEREFORE, the City Council of the City of Spokane Valley does hereby affirm and resolve that the following core beliefs shall serve as guidelines for the conduct of affairs by all branches of Spokane Valley City Government. Section 1. We believe that Spokane Valley should be a visionary city encouraging its citizens and their government to look to the future beyond the present generation and to bring such ideas to public discussion and to enhance a sense of community identity. Section 2. We believe that elected body decision - making is the only lawful and effective way to conduct the public's legislative business and that careful observance of a clear set of Governance Coordination rules of procedure can best enhance public participation and decision making. Section 3. We believe in the City Council as policy leaders of the City. One or more City Councilmembers are encouraged to take the lead, where practical, in sponsoring Ordinances or Resolutions excepting quasi - judicial or other public hearings and the statutory duties of the City Manager as set forth in RCW 35A.13.020. Section 4. We believe in hearing the public view. We affirm that members of the public should be encouraged to speak and be heard through reasonable rules of procedure when the public business is being considered, thus giving elected officials the broadest perspectives from which to make decisions. Governance Manual 41 DRAFT Section 5. We believe that the City of Spokane Valley's governance should be known as "user friendly," and that governance practices and general operations should consider how citizens will be served in the most responsive, effective and courteous manner. Section 6. We believe that the economic and commercial job base of the community should be preserved and encouraged to grow as an alternative to increasing property taxes. We believe it imperative to have an expanded and diverse economic base, Section 7. We believe that Councilmembers set the tone for civic discussion and should set an example by: (a) Setting high standards of decorum and civility. (b) Encouraging open and productive conversation amongst themselves and with the community about legislative matters. (c) Demonstrating respect for divergent points of view expressed by citizens, fellow Councilmembers and the staff. (d) Honoring each other and the public by debating issues within City Hall and the Community without casting aspersions on members of Council, the staff, or the public. (e) Accepting the principle of majority rule and working to advance the success of "corporate" decisions. Section 8. We solicit the City Manager's support in conducting the affairs of the city with due regard for: (a) Promoting mutual respect between the Citizens, City staff and the City Council by creating the organizational teamwork necessary for effective, responsive and open government. (b) Providing the City Council and public reasonable advance notice when issues are to be brought forward for discussion. (c) Establishing and maintaining a formal city -wide customer service program with emphasis on timely response, a user - friendly atmosphere, and an attitude of facilitation and accommodation within the bounds of responsibility, integrity, and financial capability of the city, including organizational and job description documents while pursuing "best practices" in customer service. (d) Seeking creative ways to contain or impede the rising cost of governmental services, including examination of private sector alternatives in lieu of governmentally provided services. (e) Providing a database of future projects and dreams for the new City of Spokane Valley so that good ideas from its citizens and leaders are not lost and the status of projects can be readily determined. Approved by the City Council this 1 l day of December, 2007 ATTEST: Diana Wilhite, Mayor Christine Bainbridge, City Clerk Approved as to form: Office of the City Attorney Governance Manual 42 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 28, 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: Response to Public Comments Concerning Alarm System GOVERNING LEGISLATION: Spokane Valley Municipal Code 7.20 PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: During one of the public comment opportunities at the December 14, 2010 Council meeting, Dr. Allan Hinkle commented concerning the City's False Alarm Policy and an incident at his home on November 16, 2010. Lt. Lyons researched the incident and confirmed that two officers responded. They checked the front areas that were accessible, but did not climb the large iron fence to check the rear of the residence because there were signs indicating that there were guard dogs present. The officers knocked on the front door and received no response. They requested that dispatch call into the residence, but there was no answer. These facts are documented in the CAD (computer aided dispatch) log. On December 20, 2010, Lt. Lyons phoned Dr. Hinkle to discuss his appeal of his $85.00 false alarm bill and to explain the facts contained in the CAD log. Lt. Lyons is in the process of obtaining the phone and radio recordings from 911 and dispatch. There was also no indication that the alarm company attempted to cancel the call. ADT (Dr. Hinkle's alarm monitoring company) advised police dispatch at the time of the call that they received a front door trip at 2128 hours. ADT called inside and received no answer. They tried three other contact numbers with no success and then called the police at 2134 hours. Two officers were dispatched at 2135 hours. The first arrived at 2140, the second at 2141 hours. Just prior to clearing the call at 2148 hours, the primary officer entered the following comment in CAD: "Only checked front due to very secure gate leading to backyard. Front secure. No evidence of a crime." OPTIONS: RECOMMENDED ACTION OR MOTION: Council discretion BUDGET /FINANCIAL IMPACTS: None STAFF CONTACT: Lt. Matt Lyons ATTACHMENTS 1) December 6, 2010 Letter from Dr. Hinkle 2) Spokane Valley Municipal Code 7.20 Alarm Systems CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 28, 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: Aquifer Protection Area (APA) Interlocal GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: APA Interlocal was approved by Council on July 27, 2004. BACKGROUND: Attached is the RCA from July 27, 2004 which outlines the background and use of the funds for the APA and an e -mail from Bruce Rawls dated August 8, 2004 with three attached spreadsheets that detail the estimated revenues and expenditures of the APA funds as outlined in the Interlocal agreement. I have attached two spreadsheets from the last Wastewater Policy Advisory Board meeting in November. One is the comparison for the largest stormwater customers, and the other is for the largest sewer customers. I have also attached the projected sewer rates from the County and a copy of the Association of Washington Cities Tax and User Fee Survey for 2010. Please note that the $1.75 per month charge for Stormwater shown as the low stormwater rate is the Spokane Valley current rate. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Neil Kersten ATTACHMENTS: 1. RCA July 27, 2004 2. APA Interlocal Agreement 3. E -mail from Bruce Rawls and attached Spreadsheets 4. Stormwater 6 -year Financial Plan 5. 2 Spreadsheets 6. AWC Survey. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 27, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent X old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Approval of the Aquifer Protection Area Interlocal Agreement GOVERNING LEGISLATION: RCW 36.36 Aquifer Protection Areas PREVIOUS COUNCIL ACTION TAKEN: Approval of Resolution #04- 016 "Authorizing Inclusion of Spokane Valley Within an Aquifer Protection Area" on June 8, 2004. BACKGROUND: The Spokane County Board of Commissioner sent a letter dated January 27, 2004 to Spokane Valley requesting consideration for inclusion of the City of Spokane Valley in the reauthorization of the Aquifer Protection Area. The Council received several briefings regarding the APA program and on June 8, 2004 the City Council approved resolution #04 -016 which authorized inclusion of Spokane Valley within the Aquifer Protection Area subject to subject to approval by Spokane Valley and Spokane County of an interlocal agreement regarding use of the funds. We have completed a draft interlocal which is attached for your review. Additionally, I have attached a spreadsheet that shows the proposed allocation of the revenues based on the agreement. Section 2 details the use of the APA funds. Briefly, the uses of the funds are as follows: 1. County may charge reasonable administration and billing costs. 2. County may charge costs associated with the County's Water Resources Program. 3. Spokane Regional Health District will receive $100,000 per year to monitor septic tanks. 4. The City of Spokane will receive $500,000 per year. 5. Remaining revenues will be used for subsidies to reduce the Capital Facilities Rates charged for the annual Septic Tank Elimination Projects through the year 2010. 6. After 2010 the City will receive its proportional share of the remaining fees through 2025. OPTIONS: RECOMMENDED ACTION OR MOTION: Motion to approve the interlocal . and authorize the City Manager execute the agreement. BUDGETIFINANCIAL IMPACTS: Will provide for ongoing collection of APA revenues. STAFF CONTACT: Neil Kersten ATTACHMENT: Draft Interlocal, Spreadsheet n After recording return document to City of Spokane Valley Attn: City Clerk 11707 E. Sprague Ave., Suite 106 Spokane Valley, WA 99206 ;5114853 Q812412M a MV OvERIIlln, Gift Of 'm AGR 123,00 Spdane ca, M INTI RLOCA.L AGREEMENT BETWEEN SPOKANE COUNTY AI!') THE C1TY OF SPOKANE VALLEY REGARDING USES AN9D ALLOCATION OF AQUIFER PROTECTJON 4 0 706 AREA RI:v1JN S This Tnterlocal Agreement by and between the City of Spokane Valley, a municipal corporation of the state of Washington, having offices for the transaction of business as 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, ("CITY") and Spokane County, a political subdivision of the state of Washington, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane WashingAon, 99260 ( "COUNTY ") hereinafter sometimes referred to as the PARTIES. The CITY and COUNTY agree as follows: Section 1: RECITALS AND FIIATI)INGS 1.1 The CITY is located in the Aquifer Protection Area established by Spokane County Ordinance 85 -0641, dated July 30, 1985 pursuant to the provisions of chapter 36.36 .RCW (AQUIFER PROTECTION AREAS). 1.2 On December 31, 2005, the authorization to collect Aquifer .Protection Area fees will terminate. 1.3 The COUNTY has suggested to the CITY that a ballot proposition be placed before the voters to re- authorize the establishment of the Aquifer Protection Area for another 20 -years and impose fees on the withdrawal of subterranean water and on on -site sewage disposal. 1.4 On .Tune 8, 2004, the Spokane Valley City Council passed Resolution Number 04 -016 approving the inclusion of its municipal boundaries within the boundaries of the reauthorized Spokane Aquifer Protection Area, subject to approval by Spokane Valley and Spokane County of an Interlocal Agreement regarding use of the funds. 1.5 The purpose of this Agreement is to satisfy the condition in the Spokane Valley Resolution Number 04 -016 regarding use of the funds. Interloeal Aquifer Protcction Area Page 1 of 5 el -.;..3 0 11111111111111111111111111111111111111111111111111 58g114853 48 }74¢2t11?2 a06 33P G44'1•M11, CITY OF RIM AN 123.00 Spokane too, 1A Section 2: USES AND ALLOCATIONS OF AQUIFER PROTECTION AREA FEES 2.1 The CITY authorizes the COUNTY to charge reasonable administration, billing, and customer account activitiesiservices to the COUNTY budget fund that has been established for the Aquifer Protection Area Fees (commonly identified as Budget Fund 436). All charges shall relate directly to activities /services performed by COUNTY staff in conjunction with the administration, billing and customer account activities related to the Spokane Aquifer Protection Area. Charges shall be based on actual costs, on a monthly basis. 2.2 The CITY authorizes the COMM to charge all activities related to the COUNTY's Water Resources Program, including but not limited to aquifer monitoring, aquifer data management, aquifer studies, coordination of aquifer protection activities, and similar efforts to Fund 436. For the purpose of this provision the terminology Water Resources Program shall mean those activities included in budget Fund 436, Department 751. Charges will occur on a monthly basis. 2.3 The CITY authorizes the COUNTY to transfer tip to $100,000 annually through year 2010 from Fund 436 to the Spokane Regional Health District to provide for data base management related to monitoring of septic tanks in the Aquifer Sensitive Area. For the purpose of this provision, the terminology Aquifer Sensitive Area shall mean the area where activities on the ground, surface can affect the water quality in the Spokane Valley Rathdrum Prairie Aquifer. The actual amount transferred shall be determined by the Spokane County Utilities Director, in the annual budget for fund 436, and as approved by the Board of County Commissioners. Transfer of such money shall occur in one lump sum or in installments, provided there is sufficient money in Fund 436 to make such transfer(s). 2.4 The CITY authorizes the COUNTY to transfer $500,000 annually through year 2010 from Fund 436 to the City of Spokane for activities as authorized under RCW 36.36.040. Transfer of such money shall occur in one lump sum or in installments provided there is sufficient money in Fund 436 to make such transfer(s). 2.5 The CITY authorizes the COUNTY to utilize all revenues remaining from annual Aquifer Protection Area fees imposed pursuant to chapter 36.36 RCN, for the years 2006 through 2010, after disbursements authorized in Items 2.1 through 2.4, for subsidies to reduce the Capital Facilities Rates charged to properties included in annual Septic Tank Elimination Projects. During this period, the Aquifer Protection Area fees will be used to benefit all new customers in the Septic `rank .Elimination Projects equally, For the purpose of this provision, the terminology Capital Facilities Rate(s) shall have that meaning set forth in Spokane County Section 8.03.1135. The terminology Septic Tank Elimination Projects shall mean those sewer projects identified in the Capital Improvement Program of Section 4 of the Spokane County 2001 Comprehensive Wastewater Management Plan, as hereafter amended, 2.6 The CITY and COUNTY agree that for the years 2011 through 2025, annual Aquifer Protection Area fees remaining after disbursements authorized in Items 2.1 and 2.2 will be distributed annually betwoon the COUNTY, the CITY, raid the City of Spokane on a proportional basis relative to the amount generated in unincorporated areas, the CITY, and the City of Spokane. Provided, however, the Aquifer Protection Area fees shall be used exclusively and solely for purposes authorized under RCW 36.36.040, 2.7 The CITY and COUNTY agree that the either party may audit the other's use of Aquifer Protection Area fees at any time during this Agreement to determine compliance with RCW 36.36.040. If it is determined that the CITY's use of the Aquifer Protection Area fees is not consistent with the allowable uses provided under RCW 36.36.040, tite COUNTY will Page 2 of 5 tntcrlocal Aquifer Protection Area 5114853 48f 2411004 o 06 :31P G01ERINEW, CITY OF Mkk MA $23,00 5pasana Co & withhold subsequent Aquifer Protection Area fees equal to the amount of fees that were determined to be inconsistent with allowable uses under RCW 36.36,044 if it is determined that the County's use of the Aquifer Protection Area fees is not consistent with the allowable uses provided under RCW 36.36.040, the COUNTY will reimburse Aquifer Protection Area fees equal to the amount of fees that were determined to be inconsistent with allowable uses under RCW 36.36.040. Section 3: GENERAL 3.1 Modificaticzn This Agreement may be modified in writing by mutual written agreement of the PARTIES. 3.2. All Writings Contained Herein/Ainding�Effect This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree flint there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. 3.3 Jurisdiction And Venue This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each party that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance, Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. 3.4 Records All public records prepared, owned, used or retained by COUNTY in conjunction with this Agreement shall be deemed COUN property and shall be made available to CITY upon request by the City Manager. 3.5 Headings. The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. 3.6 Assignment This Agreement shall be binding upon the PA.RT.I.e$ hereto, their successors and assigns. No party may assign in whole or part its interest in this Agreement without the written approval of all other PARTIES. 3.7 Filin . This Agreement shall be filed by the County with such offices or agencies as required by chapter 39.34 RCW. 3.8 Notice. All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (ii) the dtird day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to COUNTY at the address set forth below for such Party, or at such other address m COUNTY shall from time to -time designate by notice in writing to the other PAitT'IES: COUNTY. Spokane County Chief Executive Officer or his /her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 Interlocal Aquifer Protection Area Page 3 of $ 5114853 O o M-33P S0 19. City OF SFOKA ACR X23.00 Spokane Co, WA CITY: City of Spokane Valley City Manager or his/her authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 Section 4: EFFECTIVE DATE AND DURATION 4.1 This Agreement shall be effective as of January 1, 2406, provided that the voters by simple majority vote re- authorize the creation of the Aquifer Protection Area as provided for in RCW 36.36.030, and shall continue until December 31, 2025, or until the re- authorized Aquifer Protection Area sunsets as provided for in the ballot proposition, whichever is sooner. Section 5: SEVERA.>R.TLITY 5.1 It is understood and agreed among the PARTII3S that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. Section 6: EXECUTION AND APPROVAL 6.1 The parties warrant that the officers executing below have been duly authorized to act for and on behalf of the Party for purposes of confirming this Agreement. 6.2 This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. Inierlocal Aquifcr Protection Area Page 4 of 5 5114853 U8�4�200 p 46,33P i VE titIEliY My OF SPOK4 AGft 523. 0 Spokane Co iiA LN WITNESS NVUERFOF, the parties hereto have executed this Agreement on the date and year opposite their respective signatures, CID ¢�- • •gars co g e 0 SEA . �9 DATED - ATTE VICKY M. DALTON CLERK OF THE BOARD BY: 4&4 �� e �� - ; r Danicla Erickson, Deputy CITY OF SPOKANE VALLEY: By: — DAVID R, MERCIER Its: City Manager DATED: o ��A vb!y — ATTEST: Christine Bainbridge, City Clerk BOARD OF COUNTY COMiWSS10NBRS OF SPOKANE COUNTY, WASH.TNOTON Chris sainbridae From Rawls, Bruce [BRawls @spokanecounty.org) Sent: Tuesday, August 34, 2004 8:92 AM To: Nell Kersten Subject: APA Split for 2006 -2026 Attaohmonts: APA Split.xls Follow Up Flag: F=ollow up Flag Status; Flagged Neil: T took a cut at ghat the revenues and expenditures could be if the City of Spokane is not in the Regional APA, There are 3 sheets in the attached spreadsheet file, it should open to the sun:nlary, and then there are 2 detailed sheets that roll, up to the suPunary. Give me a call if you have any questions, «APA.Split.xls>> Thanks, Bruce Rawls Spokane County utilities Director (569) 477 -3604 1 APA Revenue Allocation Scenarios Years 2 006.2026 Item Scenario # 1 Scenario # 2 Without City of Spokane With Cify of Spokane in Regional APA In Regional APA 7 Ad & Billing $ 5,904 $ 3,642,697 2 _ Aquif Monitoring an WO Ad min $ 10,225 $ 6,135,134 3 City o f Spokane $ 19,35 8,905 $ 4 Count IS okane Val Sewer 2006 -2010 $ 7,916 $ 4,890,772 5 County APA Projects 2011 - 2026 $ 7,678, $ 9,353,224 $ 7,009,782 6 S okane V alley APA Projects 2011 -2025 Health District $ 8,659,036 7 $ 500,000 $ 250,000 T 577 REV $ 60, 836,969 $ 30,479,322 will decr 40 % In Scena # 2 1 It has be en assumed th Admin & billin c osts _ 2 It has .bee n a ssumed th Aqu ifer monitoring b40 etch s will be_re duced by 40 % in Sc enario # 2 3) It has been as that the He alth plstdot would g et $100 k ann ual) Scenario # 1, and $50 k annual In Scenario # 2.. for 2005 -2010 In APA Revenues Allocation W/O SPK City Annual Proportional Share after year 2010 2004 2005 2006 Item Inflation Factor 2007 2008 2009 2010 2011 2012 2013 2014 2015 1 Admin & Billing 2.50% 44.76% 55.24% $ 132,000 $ 381,000 $ - $ 764,750 $ 100,000 $ 135,300 $ 390,525 $ - $ 763,911 $ 100,000 $ 138,683 $ 240,173 $ - $ 972,972 $ 50,000 $ 142,150 $ 145,703 $ 149,346 $ 153,080 $ 156,907 $ 160,829 $ 164,850 $ 168,971 $ 173,195 2 Aquifer Monitoring and WQAdmin 2.50% $ 246,177 $ 252,332 $ 258,640 $ 265,106 $ 271,734 $ 278,527 $ 285,490 $ 292,627 $ 299,943 3 City of Spokane $ - $ - $ - $ - $ - $ - $ - $ - $ - 4 County /Spokane Valley $ 975,696 $ 978,290 $ 980,748 $ 983,066 - - -- - - -- - - -- - - -- - - -- 5 County $ 463,372 $ 464,276 $ 465,110 $ 465,871 $ 466,556 6 Spokane Valley $ 571,865 $ 572,981 $ 574,009 $ 574,948 $ 575,794 7 Health District $ 50,000 $ 50,000 $ 50,000 $ 50,000 0 0 0 0 0 TOTAL REVENUES 0.87% $ 1,377,750 $ 1,389,736 $1,401,827 $ 1,414,023 $ 1,426,325 $ 1,438,734 $ 1,451,251 $1,463,877 $ 1,476,613 $ 1,489,459 $ 1,502,417 $ 1,515,489 Annual Proportional Share Total Inflation Factor afteryear2010 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2006 -2025 1 lAdmin & Billing 2.50% $ 177,525 $ 181,963 $ 186,513 $ 191,175 $ 195,955 $ 200,854 $ 205,875 $ 211,022 $ 216,297 $ 221,705 $ 3,542,597 2 Aquifer Monitoring and WQ Admin 2.50% $ 307,442 $ 315,128 $ 323,006 $ 331,081 $ 339,358 $ 347,842 $ 356,538 $ 365,451 $ 374,588 $ 383,952 $ 6,135,134 3 City of Spokane $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - 4 County /Spokane Valley - - -- - - -- - - -- - - -- - - -- - - -- - - -- - - -- - - -- - - -- $ 4,890,772 5 County 44.76% $ 467,163 $ 467,689 $ 468,131 $ 468,487 $ 468,752 $ 468,925 $ 469,001 $ 468,978 $ 468,852 $ 468,620 $ 7,009,782 6 Spokane Valley 55.24% $ 576,543 $ 577,193 $ 577,738 $ 578,177 $ 578,505 $ 578,718 $ 578,812 $ 578,783 $ 578,628 $ 578,342 $ 8,651,036 7 Health District 0 0 0 0 0 0 0 0 0 0$ 250,000 TOTAL REVENUES 0.87% $ 1,528,673 $ 1,541,973 $1,555,388 $ 1,568,920 $ 1,582,569 $ 1,596,338 $ 1,610,226 $1,624,235 $ 1,638,366 $ 1,652,619 $ 30,479,322 Assume that Admin and Billing, and Aquifer Monitoring will decrease by 40 % under this scenario, after Year 2005. And, that the Health Distict will get 50 % allocation for years 2006 -2010. APA Split (2).xls 6 -Year Plan Stormwater Utility 2010 1 2011 1 2012 1 2013 1 2014 1 2015 Total Expenditure $2,381,215 $2,251,259 $2,318,797 $2,388,361 $2,460,011 $2,533,812 ERU's* 84,409 86,097 87,819 89,576 91,367 93,194 Rate $21 $21 $21 $21 $21 $21 Revenue: Property Tax $1,772,591 $1,808,042 $1,844,203 $1,881,087 $1,918,709 $1,957,083 Interest $17,436 $17,785 $18,141 $18,504 $18,874 $19,251 Revenue: APA Fees 1 $500,000 $500,000 $500,0001 $500,0001 $500,000 NPDES Grant $50,000 $300,000 Fund Balanance ** $1,475,6121 $1,850,1811 $1,893,7281 $1,904,9591 $1,882,5301 $1,825,053 * ERU estimate annual increase at 2% Stormwater Utility 6 -Year Plan 2011.xls Largest Sewer Customers in Spokane Valley Sewer Stormwater Property TYPE UNITS /USAGE ERUs 2010 Fee 2011 Fee % INCR Fee Impact 2010 ERU 2010 Fee SW Fees Impact Parkside Mirabeau Apartments 45102.9011 M -F 288 + Rec Rm 201.6 $ 90,309 $101,358 12.2 $ 3,750 12.2 $ 3,560 12.2 $ 3,372 12.5 $ 3,011 12.2 $ 2,727 12.5 $ 2,712 12.2 $ 2,701 12.2 $ 2,292 12.2 $ 2,128 1 12.2 $ 2,024 123.85 $ 2,601 $ 619 $ 2,124 $ 506 '? n/a $ 8,734 $2,080 $ 1,411 $ 336 $ 2,079 $ 495 $ 2,041 $ 486 $ 1,590 $ 379 $ 1,382 $ 329 1 $ 945 $ 225 Whimsical Pig 45104.9150 M -F 272 + Rec Rm 191.4 $ 84,837 $ 95,255 101.16 Central Park Condos 35242.3902 M -F 259 181.3 $ 80,784 $ 90,670 1 ? Spokane Valley Mall 45116.0310 C 129,488 cf /mo 161.9 $ 71,983 $ 80,996 415.91 Cedar Chateau Estates (A) 45151.9016 M -F 208 + Rec Rm 146.6 $ 65,369 $ 73,364 67.19 Spokane Hospitality, LLC 45132.9062 C 116,642 cf /mo 145.8 $ 64,846 $ 72,965 99.00 Spokane Housing Authority 45095.9062 M -F 206 + Rec Rm 145.2 $ 64,745 $ 72,664 97.19 Whispering Hills LLC 45103.0215 M -F 176 123.2 $ 54,908 $ 61,626 75.71 Aspen Village Apartments 45242.0643 M -F 162 + Rec Rm 114.4 $ 51,028 $ 57,268 65.83 Cedar Chateau Estates (B) 45151.9025 M -F 1 154 + Rec Rm 1 108.8 1 $ 48,534 1 $ 54,469 1 45.00 Broadway Elementary School 45163.0152 C 10,525 13.2 $ 5,887 $ 6,621 12.5 $ 246 12.4 $ 173 12.5 $ 484 37.20 $ 781 $ 186 $ 1,339 $ 319 $ 6,335 $1,508 Bowdish Jr. High School 45282.2501 C 7,450 9.3 $ 4,179 $ 4,698 63.78 Central Valley High School 45245.9146 C 20,812 26 $ 11,603 $ 13,052 301.67 Assumed Sewer Rate Increase per year $ 18.60 per ERU Assumed Stormwater Rate Increase per year $ 5.00 per ERU Largest Stormwater Customers in Spokane Valley Sewer ERU Stormwater 2011 SW FEE Fee Impact 2010 2011 Sewer Fee Fee Impact Property Parcel ERU Sewer Fee Sullivan Rd Industrial Park 45016.9051 3662.91 $ $ $ $ $ $ $ $ $ $ 76,921 62,010 11,113 8,891 8,734 8,072 6,760 6,639 6,335 5,646 $ 18,315 $ 14,764 $ 2,646 $ 2,117 $ 2,080 $ 1,922 $ 1,609 $ 1,581 $ 1,508 $ 1,344 752 $ 364,028 $ 406,441 n/a $ 6,917 n/a $ 102,328 $ 10,348 n/a n/a $ 13,052 n/a $ $ $ $ $ 13,987 n/a 256 n/a 3,804 383 n/a n/a 484 n/a Kaiser Aluminum 45116.9040 2952.86 No Account n/a Montgomery Reality (University & Montgomery) - Grocery Distribution Center 45095.9058 529.20 13.75 $ 6,151 Burlington Northern Railroad 35131.1208 423.40 No Account n/a Spokane Valley Mall 45116.0310 415.91 204.5 $ 91,059 Central Valley School District - University Highschool, Horizon Jr High, Chester Elem 45342.9145 384.40 20.6 $ 9,200 Spokane County Fairgrounds 35143.0303 321.89 No Account n/a Central Pre -Mix Sullivan Rd Plant 45123.9007 316.14 No Account n/a Central Valley School District - CV Highschool 45245.9146 301.67 26 $ 11,603 Spokane County Fairgrounds 35143.0101 268.88 No Account n/a Assumed Stormwater Rate Increase per year $ 5.00 per ERU Assumed Sewer Rate Increase per year $ 18.60 per ERU e es JS i 5 f ` i S i r. III / Pees 010 < a� a s� s 1 OF WASHIMGIUN CiiiES .. � Sewer system All rates are monthly charges for a single family residence.The majority of providers charge a flat monthly fee for residential customers.The rates for providers that use a volume basis for sewer are based on the use of 1,000 cubic feet. Sewer system rates Average monthly rate inside jurisdiction $41.93 Average monthly rate outside jurisdiction $54.96 Stormwater system Ninety -six cities indicated that they operate a stormwater utility and gave stormwater rate information. In 2007, new regulations went into effect requiring 100 cities to obtain National Pollutant Discharge Elimination System (NPDES) municipal stormwater permits under the federal Clean Water Act, and administered by the Washington State Department of Ecology.The permit is required of urbanized areas and cities with a population of 1,000 or more people per square mile. Of those 96 cities providing stormwater rate information for this survey, 76 are subject to the NPDES municipal stormwater permits. Stormwater rates are based upon one ERU (equivalent residential unit) or ESU (equivalent service unit).The number of square feet of impervious area included in an ERU or ESU varies by jurisdiction. Stormwater rates Average $7.99 Median $6.94 High $17.60 Low $1.75 Single family monthly sewer rates $140.40 Inside ® Outside jurisdiction Jurisdiction 20 Average High Low CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 28, 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 : Energy Efficiency Block Grant (EECBG) Update GOVERNING LEGISLATION: American Recovery and Reinvestment Act of 2009 PREVIOUS COUNCIL ACTION TAKEN: July 27, 2010: adjusted EECBG funds spent per each home energy audit through the Utility Partnering program; June 16, 2009: Original Council approval of projects under the EECBG BACKGROUND: The American Recovery and Reinvestment Act of 2009 appropriates funding for the Department of Energy (DOE) to issue formula -based grants under the Energy Efficiency and Conservation Block Grant (EECBG) Program. The City of Spokane Valley was awarded $823,400 to spend on energy conservation planning and projects that result in energy savings. In June, 2009, the City Council considered and approved the following projects under the program: • Partnering with AVISTA in a residential and commercial energy audit program; • Traffic signal LED retrofits; • Traffic efficiency improvements (installation of flashing yellow arrows, signal coordination projects, Sprague Avenue ITS); • Bike and pedestrian master plan and partial construction of facilities; and • Energy audits and appropriate construction retrofits on City -owned facilities. Spokane Valley's application was approved in November, 2009. Funds must be committed within 18 months, or by mid - April, 2011. All projects must be initiated by this date, so any construction projects must be under contract. Projects must be completed within 36- months, or by October, 2012. As some projects are moving faster than others, budget adjustments are recommended to make best use of the funds within the time frames. Attachment 1 shows the original allocation amounts and proposed changes. OPTIONS: Not applicable. RECOMMENDED ACTION OR MOTION: None required or requested. BUDGET /FINANCIAL IMPACTS: Successful implementation of the projects approved under the EECBG will create long -term energy cost savings to the City budget and create opportunities for further grants and funding. STAFF CONTACT: Neil Kersten, Public Works Director; Mary E. May, AICP ATTACHMENTS: EECBG Project Status and Budget Summary Table; Avista e -mail dated 12/22/10 From: Drake, Chris [Chris.Dral<e @avistacorp.com] Sent: Wednesday, December 22, 2010 2:11 PM To: Mary May Cc: Lynch, Pat; Holmes, Nancy; Brabeck, Joe Subject: RE: Spokane Valley EECBG Funding Mary, It was nice to catch up with you this morning. I wanted to reiterate Avista's support of the reallocation. I think that the audit program is making good strides, although throughput has been higher in other parts of the County. It would be unfortunate to have stimulus dollars go unspent or a lack of throughput reflect poorly on a well- conceived and implemented audit program. You mentioned you will not be able to attend the council meeting on Tuesday so here are a few bullets recapping our discussion this morning in case you want to pass them along to Neil or others. • Based on customer feedback, the in -home energy audit program has proven to be well- designed and well- received by participating customers • The program has not experienced the throughput in the City of Spokane Valley that would put it on a path to fully utilize the original funding allocation • There are some unique market conditions, for example the energy savings opportunities for Avista are reduced where is Avista is not both the lights /appliances and heating fuel provider... this occurs more often in the Spokane Valley then in other parts of the county • The above issue does affect the price point of the audit which is slightly higher for customers who have Avista natural gas but not Avista electric • We understand the need to reallocate $65,000 and look forward to working with the City of Spokane Valley to utilize the $23,000 for the in -home energy audits • Avista is continuing to promote the program, will soon be launching a revolving loan fund to help customers complete energy efficiency upgrades and is working on some additional assistance for income - qualified customers who want to participate in the program • Avista appreciates the continued funding of the program for the anticipated throughput In addition to supporting this change, let me also emphasize appreciation for your efforts and the opportunity to partner with the City of Spokane Valley. Regards, Chris Christopher Drake Lead DSM Program Manager Avista Utilities 1411 East Mission Avenue Spokane, WA 99202 Phone (509) 495 -8624 Mobile (509) 389 -0521 www.avistautilities.com From: Mary May fmailto :mmavCcbspokanevallev.oral Sent: Wednesday, December 22, 2010 8:05 AM To: Brabeck, Joe; Drake, Chris Subject: Spokane Valley EECBG Funding Good Morning— Chris, we traded phone calls a few times yesterday, and Joe, I know you are out until tomorrow. However, I leave tomorrow and will be out until January 3' so I wanted to get something out to you and to Chris here this morning. As we spoke before you left, the City Public Works Department is assessing the progress of their EECBG projects to make sure they have funds adequately committed by our April deadline and that the projects will be reasonably complete by our 2012 deadline. As we discussed, the energy audit program in the Valley has been slow on the uptake and, while there are plans to perhaps jump start it with some even lower -cost or free audits to lower income residents, it is unlikely that the full $88,000 committed to the program will be spent. We discussed how, even if we did 10 times the number of audits we have so far in the Valley, or say, 150 additional audits in the next 20 months, we would be doing a good job. In an effort to make best use of the money within the given time frames, we are suggesting moving funds between several approved projects in our EECBG Strategy. A copy of the proposed adjustments is attached. Here's how the numbers work out for our reasoning behind reducing the Energy Audit budget: • We will have done about 15 audits in the Valley by close of year, some at a cost of $88 to the EECBG funds and some at a cost of $138. • If we do 150 more (a very comfortable margin given the history to date) at $138, the EECBG funds used would total $20,700. • Therefore, reducing the original amount of $88,000 to $23,000 would appear to be reasonable. A semi - quarterly, information -only status report was already scheduled for the Council meeting of December 28 As the Public Works Department reviewed their projects and timelines, and determined that budget justifications are warranted, the information -only item has been changed to an administrative report which will allow the Council to discuss the item. As I will be out of town that evening, Neil Kersten, the Public Works Director will be present to address any questions or comments. Mike Jackson, City Manager, has asked what Avista's position is on the proposed adjustments. I apologize for the last minute rush, but I hope to speak with you at the earliest time possible. Thank you for your time and consideration. Please call me at 720 -5322. Best Regards, Mary May, AICP City of Spokane Valley EECBG Budgets as of December 2010 18 month obligation period ends mid -April 2011 36 month spending period ends October 2012 Original Funds Proposed Updated Project Allocation Remaining Change Allocation Notes Flashing Yellow Arrows $ 33,500.00 $ 500.00 - $ 33,500.00 Installations have been completed at seven intersections. Leave project open in case unused funding is available summer 2012. Traffic Signal Coordination $ 75,000.00 $ 75,000.00 $ (75,000.00) $ - Cancel project and reallocate to traffic signal LEDs and bike /ped implementation. Draft City -wide ITS plan has been prepared and reviewed. Consultant has Sprague ITS & ITS Plan $ 400,000.00 approx $350,000 - $ 400,000.00 started design of Sprague Avenue portion of project. Plan for construction to go to bid in March. Traffic Signal LEDs $ 65,000.00 $ 35,000.00 $ 25,000.00 $ 90,000.00 Add funding to allow for replacement of 10 -year old red LEDs while completing greens. Installation to begin first quarter of 2011. City Building Retrofits $ 5,350.00 $ 5,350.00 $ (5,350.00) $ - Cancel project and re- allocate to bike and pedestrian document project. Utilities Partnering $ 88,000.00 $ 87,000.00 $ (65,000.00) $ 23,000.00 Allocated funds are being used very slowly - very unlikely to be used by October 2012. Shift some to bike /ped implementation. Two workshops and one technical review committee meeting held. Preliminary route opportunities and constraints identified. City collaborating with Spokane Bike /Ped Master Program $ 38,500.00 $ 38,500.00 $ 13,350.00 $ 51,850.00 Regional Health and with school districts to facilitate sidewalk audits surrounding schools. Contract for engineering consultation under negotiation. Additional funding to be used for route selection and design assistance. Funding to be used for bike lane striping, sidewalk construction, preliminary design of Greenacres Trail, or other projects identified through preparation of Bike /Ped Implementation $ 100,000.00 $ 100,000.00 $ 115,000.00 $ 215,000.00 Bike and Pedestrian Master Program. Transferring additional funds to this project will allow a combination of design work and construction to meet EECBG timelines. Pre -award consultant $ 18,000.00 $ 8,000.00 $ (8,000.00) $ 10,000.00 Re- allocate unused funds to bike master plan doc 823,350.00 $ 823,350.00 P: \ClerkWgendaPackets for Web \agendapacket 12 -28 -10 \Item 5 attachment to RCA draft.xlsx CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 12/28/10 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: E- Cigarette Update Admin Report GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Earlier this year, Council heard a report from the Spokane Regional Health District ( "SRHD ") on E- Cigarettes, which included a request to adopt regulations pertaining to sales to minors. BACKGROUND: E- Cigarettes began appearing in Spokane metropolitan area stores approximately three years ago, at which time the SRHD began researching and documenting potential health impacts and sales to minors. Because E- Cigarettes are not well regulated by any State or Federal agency at this time, their health impacts are unclear, and the percentage of nicotine or other harmful ingredients or additives is unknown beyond the manufacturer's unverified claims. In addition, without State or Federal law dictating otherwise, E- Cigarettes and related components may be sold to minors, regardless of their nicotine content. Earlier this month, the United States Court of Appeals for the D.C. Circuit decided a case which determined to what extent the manufacturers of E- Cigarettes may be regulated. NJOY v. FDA, - -- F.3d - - -, No. 1:09 -cv- 00771 -RJL (2010). NJOY, a manufacturer of E- Cigarettes, argued that E- Cigarettes were closer to traditional cigarettes than to "nicotine delivery devices" such as nicotine gums and patches, and therefore should not be required to demonstrate purity or quality. Conversely, the FDA argued that by labeling their products as "healthier," "safer," and "a method to stop smoking traditional cigarettes," E- Cigarette manufacturers should be regulated as nicotine delivery devices. The NJOY court agreed with the manufacturers, ruling that E- Cigarettes are to be regulated in the same manner as traditional cigarettes. The FDA is expected to appeal. As a result, States and municipal entities are currently permitted to regulate E- Cigarettes as they do with traditional cigarettes. The SRHD has proposed that Spokane County and the cities of Spokane Valley, Spokane, Millwood, Liberty Lake, Cheney and Airway Heights work in conjunction to form a consistent and near - identical set of ordinances to prohibit the sale and gifting of E- Cigarettes and related components to minors. This proposed regulatory action is contemplated to be a stop -gap exercise of authority until such time as either the Federal or State government takes action to regulate such activity. The attached draft Ordinance is likely to undergo additional minor revisions, although staff anticipates this draft to be in near final form. OPTIONS: Place proposed Ordinance regulating sales to minors on a future agenda for first reading; or instruct staff to discontinue actions regarding this matter. RECOMMENDED ACTION OR MOTION: Consensus to place Ordinance regulating sales of E- cigarette devices to minors on a future agenda for a first reading. BUDGET /FINANCIAL IMPACTS: None identified at this time. STAFF CONTACT: Cary Driskell, Acting City Attorney; Chris Longman, Legal Intern ATTACHMENTS: Current draft of the City of Spokane Valley Ordinance to prohibit selling /gifting of E- Cigarettes and related components to minors. CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 10-*** AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING NEW CHAPTER SPOKANE VALLEY MUNICIPAL CODE (SVMC) 7.40 REGULATING THE SALE TO MINORS OF ELECTRONIC CIGARETTES, ALSO KNOWN AS "E- CIGARETTES." WHEREAS, Article 11, § 11 of the Washington State Constitution allows local governments to make and enforce within their jurisdictional limits, local laws and regulations not in conflict with the general laws of the State, and WHEREAS, E- Cigarettes are battery operated devices that generally use liquid cartridges filled with nicotine, flavors, and other chemicals, and WHEREAS, E- Cigarettes convert liquid nicotine, which is a known neuro -toxin and highly addictive substance, into a chemically impregnated gas that is inhaled by a user simulating smoking; and WHEREAS, some E- Cigarette cartridges claim not to contain nicotine, but there is no regulatory program to monitor this assertion and no way for the City to determine which cartridges may or may not contain nicotine; and WHEREAS, extended exposure to nicotine results in increased tolerance, resulting in the need for escalating doses to receive the desired stimulation and causing withdrawal symptoms which include cognitive and attention deficits, cravings, and sleep disturbance; and WHEREAS, E- Cigarettes are not currently well regulated; at this time, there are no restrictions on the sale, distribution, or purchase of E- Cigarettes under State law, although other jurisdictions have enacted laws controlling such devices or taken other regulatory action; and WHEREAS, no Washington State law controls the sale of E- Cigarettes to minors; and WHEREAS, E- Cigarettes present a substantial risk of nicotine addiction and resultant harm to the public health and safety of the citizens of the City, particularly for children and young people; and WHEREAS, the City Council seeks to promote the City's interest in public health and safety by implementing regulations on the sale of E- Cigarettes and related components, and Council seeks to protect minors from the known health hazards of nicotine and the unregulated manufacturing of substances intended to be inhaled. NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. That SVMC Title 7 be amended by adding a new Chapter, to be designated "Chapter 7.40 Electronic Cigarettes and Related Devices," to read as follows: Ordinance 10- E- Cigarettes Page 1 of 4 It ' 7.40.010 Purpose and intent. The purpose and intent of this chapter is to protect minors from the hazards of nicotine addiction and the dangers of ingesting products with no regulatory oversight as to their purity, contents, and potential negative health impacts. 7.40.020 Definitions. As used in this Chapter: "Electronic Cigarette" or "E- Cigarette" means an electronic device usually composed of a mouthpiece, a heating element or atomizer, a battery, and electronic circuits that provides a gas derived from liquid nicotine and/or other substances which is inhaled by a user simulating smoking. The term includes such devices, regardless of the details of the product appearance or marketed name, generally manufactured to resemble cigarettes, cigars, pipes, or other smoking devices. "Liquid Nicotine" means any liquid product composed either in whole or part of nicotine, proprylene glycol and /or other similar substances and manufactured for use with E- Cigarettes to be converted into a gas for inhaling. "Minor" means someone under 18 years of age. "Person" means any natural person, individual, corporation, unincorporated association, proprietorship, firm partnership, joint venture, joint stock association, or other entity or business of any kind. 7.40.030 Sampling and sales to minors prohibited. A. No person may give, distribute, transfer, sell, market, or offer E- Cigarettes, their components, or samples to persons under 18 years of age. B. It is a defense to a prosecution for violation of this section when the person making the gift, distribution, transfer, sale, marketing, or offer as a gift, transfer, sale, marketing, or sample reasonably relied on any of the officially issued identifications referenced in RCW 70.155.090 showing the purchaser or recipient was at least 18 years old. 7.40.040 Coupon redemption. No person shall give or distribute E- Cigarettes, or their components, to a person by a coupon if such coupon is redeemed in any manner that does not require an in- person transaction in a retail store to help prevent redemption of such merchandise by a minor. 7.40.050 Purchase by minors prohibited. No person under the age of 18 may purchase, attempt to purchase, possess, or obtain E- Cigarettes or their components. This prohibition does not apply to activities or enforcement actions under the control of a City, State, or Federal law enforcement authority or Spokane Regional Health District. 7.40.060 Prohibition signage to be posted; Identification required. A. Any person selling, marketing, displaying, giving, or distributing E- Cigarettes or their components shall display a printed sign, posted so that it is clearly visible to anyone purchasing E- cigarettes or their components. The sign must be in contrasting colors and at least 20 point type and must read substantially as follows: Ordinance 10- E- Cigarettes Page 2 of 4 "IF YOU ARE UNDER 18, YOU COULD BE SUBJECT TO PENALTY FOR PURCHASING E- CIGARETTES OR RELATED DEVICES OR THEIR COMPONENTS - SVMC 7.40.050. THE SALE OF E- CIGARETTES OR RELATED DEVICES OR THEIR COMPONENTS TO PERSONS UNDER THE AGE OF 18 IS STRICTLY PROHIBITED - SVMC 7.40.030. PHOTO ID REQUIRED." B. When there may be a question of a person's age, identification of at least the sufficiency referenced in RCW 70.155.090 shall be required by any person selling, giving, or distributing E- Cigarettes or their components. 7.40.070 Mechanical sales restricted. A. No person shall sell or permit to be sold E- Cigarettes or their components through any device that mechanically dispenses such products unless the device is located fully within premises from which minors are prohibited, or in industrial worksites where minors are not employed nor permitted, and not less than ten feet from all entrance or exit ways to and from each premises. B. It is a defense to this section if the person demonstrates to the satisfaction of the * that it is architecturally impracticable for the device to be located not less than ten feet from all entrance and exit ways. 7.40.080 Penalties. Violation of any provision of this Chapter is a class 1 civil infraction under SVMC 1.10.010. Each transaction is anew and separate violation. 7.40.090 Chapter to be harmonized with State and Federal law A. This Chapter shall be harmonized to avoid any conflict with RCW Chapter 70.155 and with all other State or Federal preempting laws or regulations. Nothing in this Chapter diminishes the authority of the City to enforce RCW 70.155.080 or any other applicable laws or regulations. B. This Chapter shall be repealed on the day that State or Federal legislation goes into effect incorporating either the same or substantially similar provisions as are contained in this ordinance, or in the event that a pertinent State or Federal Administrative Agency issues and promulgates regulations preempting such action by the City. The City Council may repeal this Chapter whether or not identical or substantially similar State or Federal legislation has been enacted for the purposes of triggering the provisions of this subsection. Section 2. Incorporation by Reference. The Spokane Regional Health District has determined that it is in the best interests of citizens within its jurisdiction to protect children and young people from E- Cigarettes. Therefore, the Spokane Regional Health District findings, testimony, and written record on this matter are hereby adopted and incorporated by this reference as if fully set forth herein. A complete copy of such findings, testimony, and written record shall be kept on file with the City Clerk. Section 3 . Severabilitv If any part of this Chapter is declared unenforceable, it shall not affect the remainder. Section 4 . Effective Date This Ordinance shall become effective five days after publication of the Ordinance, or a summary thereof, in the official newspaper of the City. Ordinance 10- E- Cigarettes Page 3 of 4 DRAFT Adopted this day of 1 2011 City of Spokane Valley Thomas E. Tower, Mavor ATTEST: Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 10- E- Cigarettes Page 4 of 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 28, 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: 2011 -2012 Legislative Agenda GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Council previously adopted the 2011 -2012 Legislative Agenda BACKGROUND: Following the adoption of the Legislative Agenda, additional information and circumstances may warrant reconsideration of the Agenda. At the lunch meeting with local legislators on Thursday, December 16, 2010, it appeared that council may wish to discuss further whether or not to encourage local legislators to co- sponsor the street utility legislation. The second item relates to the 911 Harassment legislation. Based on an e -mail from our lobbyist, it appears that the Association of Public Safety Communications Officials and the National Emergency Number Association APCO /NENA have tabled the 911 Harassment bill until the 2012 legislative session. The legislative priority for APCO /NENA has changed to the Governor's Appropriations Bill that was distributed on 12/15. The Governor's Appropriations Bill transfers $3 million out of the Enhanced 911 funds each year of the biennium (total $6 million) to fund disaster recovery. OPTIONS: Suggest amendments to 2011 -2012 Legislative Agenda; leave Agenda as is. RECOMMENDED ACTION OR MOTION: Council choice. BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Mike Jackson ATTACHMENTS 2011 -2012 Legislative Agenda j �ile y 2011 -13 Legislative Agenda The following is the City of Spokane Valley's 2011 -2013 legislative agenda, adopted by Council at their October 26, 2010 Council meeting, and amended by Council Consensus at their November 16, 2010 meeting: Principle Items of Interest: Budget Requests: 1. Seek Funding to Acquire Park Land Adjacent to Park Road Pool and Centennial Middle School. The City of Spokane Valley has a population of 89,440 people, but only 172 acres of public parks — drastically below the 6.25 -10.5 acres /1,000 population (559 -938 acres) specified in the City Parks Master Plan. In the past, Spokane Valley has successfully partnered with the State Legislature to acquire and develop Greenacres Park, adjacent to Central Valley School District's future elementary school. A similar opportunity presents itself with Park Road Pool. The City requests $300,000 in funding to acquire land adjacent to Park Road Pool for a park near Centennial Middle School. 2. Support Funding for a Fire Sprinkler System at the Spokane Valley Food Bank. Spokane Valley Partners has a new food warehouse which enables all collected food to be stored under one roof. The new warehouse utilizes stainless steel, four -shelf carts to disburse food, re -fill shelves and sort food in either the freezer of the cooler. Spokane Valley Partners hopes to install fire sprinklers in the building for fire safety, allowing them to use the top shelf of the pallet racks and to satisfy a code requirement that they will need to meet in the future. NFPA is addressing some of the difficulties associated with shelf storage systems, with a proposed new definition of back -to -back shelf storage in the 2010 edition. The City of Spokane Valley supports funding for the fire sprinkler system at the Spokane Valley food bank. Policy Requests: 1. Street Utility Enabling Legislation. The City of Spokane Valley supports legislation providing city councils and local electorates the authority to impose a street utility, if the local jurisdiction determines that the utility is an appropriate mechanism to attend to street maintenance functions. 2. Out -of -state Trucks to go to the Port of Entry. The Spokane County Commissioners and Spokane Valley Councilmembers have heard some members of the public voice a desire to bar heavy trucks from circumventing the port of entry. The Spokane Valley Council wants to be appraised of any legislation proposed by ranchers or others, to mandate out -of -state trucks weighing in at a port of entry. Additionally, the City would like to research options for pursuing legislation to address the problem. Spokane l alley 2011 Adopted and Amended Legislative Agenda Page 1 of 2 3. Make it a Crime to Call 911 in a Harassing Manner The City Council supports legislation that makes it a crime to call 911 in a harassing manner. Currently, there is a crime on the books called "phone harassment," however, prosecutors rarely prosecute for this crime and the penalty is only a misdemeanor. Making it a separate crime to call 911 in a harassing manner will allow for an increased penalty and may result in more prosecutions. It is important that 911 lines are not occupied by phone harassers and are open for those with real emergencies. 4. Pursue Law Enforcement District Enabling Legislation. Law enforcement needs and resources vary in jurisdictions across the state like those for fire prevention and suppression. More tools are needed to best consolidate, deploy and pay for law enforcement services. Use of fire districts has proven to be a viable system for the provision of essential public services and many jurisdictions may derive benefit from providing law enforcement services under a similar system. The City requests that the Legislature consider a proposal and begin discussing the concept of a law enforcement district. 5. Secure State Funding for Statewide Communications Interoperability Infrastructure. Locally, citizens have approved a sales tax increase of 1 /10 of 1% for communication equipment; however, this revenue is insufficient to fund all five items within that initiative. Interoperability is a statewide concern and according to the Association of Washington Cities. Statewide, there is a $400 million problem to be resolved. The City recognizes that resolving this problem is a multi -year effort and is supportive of any proposal that works towards resolution and additional funding. 6. State Environmental Policy Act —Amend Certain Requirements Imposed by State Law. The City supports amending SEPA requirements to make the process less duplicative. SEPA thresholds to consider: (1) Convert some discretionary SEPA exemptions to categorically exempt; (2) Raise the level of SEPA exemptions across the board; (3) Make most actions within UGAs categorically exempt with discretion given to cities; (4) Eliminate excessive costs associated with providing notice for every Determination of Non - significance and Mitigated Determination of Non - Significance application. 7. Support the Association of Washington Cities' legislative agenda items that serve the best interests of the City of Spokane Valley. Spokane l alley 2011 Adopted and Amended Legislative Agenda Page 2 of 2 DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of December 22, 2010; 10:45 a.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings January 4, 2011, Study Session Format, 6:00 p.m. [due date Mon, Dec 27] 1. Emergency Comp Plan Map Amendment — Karen Kendall (15 minutes) 2. Senske Contract — Mike Stone (15 minutes) 3. Advance Agenda (5 minutes) [*estimated meeting: 50 minutes] January 112011, Formal Meeting Format, 6:00 p.m. [due date Mon, Jan 3] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. First Reading Proposed Emergency Ordinance Amending Comp Plan Map — Karen Kendall (10 minutes) 3. First Reading Proposed Emergency Ordinance Amending Comp Plan Zoning Map — K.Kendall (5 minutes) 4. Motion Consideration: Senske Contract — Mike Stone (10 minutes) 5. Executive Session: Pending Litigation [ *estimated meeting: 30 minutes] January 18, 2011, Study Session Format, 6:00 p.m. [due date Mon, Jan 10] 1. Advance Agenda (5 minutes) [ *estimated meeting: minutes] January 25, 2011, Formal Meeting Format, 6:00 p.m. [due date Mon, Jan 17] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Second Reading Proposed Ordinance Amending Comp Plan Map — Karen Kendall (10 minutes) 3. Second Reading Proposed Ordinance Amending Comp Plan Zoning Map — Karen Kendall (5 minutes) 4. Admin report: Code Text Amendment, Adult Retail Uses — Lori Barlow (15 minutes) 5. Info Only Dept Reports [ *estimated meeting: minutes] February 1, 2011, Study Session Format, 6:00 p.m. 1. Advance Agenda [due date Mon, Jan 24] (5 minutes) Feb 8, 2010, Special Mta: Retreat, 8:30 a.m. — 3:30 p.m. CenterPlace, Rm 213 [due date Mon Jan 31] Tentative topics include: Economic Development Snow Removal Business Work Plans Law Enforcement Goals Budget Goals February 8, 2011, Formal Meeting Format, 6:00 p.m. [due date Mon, Jan 31] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. First Reading Proposed Ordinance Amending Adult Entert.(Retail) — Cary Driskell (10 minutes) 3. Admin Report: Chickens in Residential Areas — Kathy McClung (15 minutes) [ *estimated meeting: minutes] Draft Advance Agenda 12/23/2010 8:07:44 AM Page 1 of 3 February 15, 2011, Study Session Format, 6:00 p.m. (possible no meeting) [due date Mon, Feb 7] February 16 -17. City Legislative Action Conference (CLAC) Olympia, Washin -ton February 22, 2011, Formal Meeting Format, 6:00 p.m. [due date Mon, Feb 14] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Second Reading Proposed Ordinance Amending Adult Entert.(Retail) — Cary Driskell (10 minutes) 3. Info Only: Dept Reports [ *estimated meeting: minutes] March 1, 2011, Study Session Format, 6:00 p.m. March 8, 2011, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) [due date Mon, Feb 21] [due date Mon, Jan 28] (5 minutes) NLC Con uessional Con f, Wash., D. C. March 12 -16 March 15, 2011, Study Session Format, NO MEETING - (Council attends AEC Conference) March 22, 2011, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Info Only: Dept Reports [due date Mon, March 14] (5 minutes) [ *estimated meeting: minutes] March 29, 2011, Study Session Format, 6:00 p.m. April 5, 2011, Study Session Format, 6:00 p.m. April 12, 2011, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) April 19, 2011, Study Session Format, 6:00 p.m. April 26, 2011, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Info Only: Dept Reports [due date Mon, March 21] [due date Mon, March 28] [due date Mon, April 4] (5 minutes) [due date Mon, April 11] [due date Mon, April 18] (5 minutes) [*estimated meeting: minutes] Draft Advance Agenda 12/23/2010 8:07:44 AM Page 2 of 3 OTHER PENDING AND /OR UPCOMING ISSUES /MEETINGS: Alternative Analysis (contracts) Bidding Contracts (SVMC 3. — bidding exceptions) Budget 2012 (August /Sept 2011) Capital Projects Funding CDBG (Fall 2011) Centennial Trail Agreement Clean Air Agency Comp Plan Amendments 2011 (March/April) East Gateway Monument Structure # Governance Manual (resolution) Update Joint Mtg w /City of Spokane (possibly March) Lodging Tax Funding for 2012 (Oct 2011) Milwaukee Right -of -way Outside Agencies 2012 (August 2011) Parking/Paving Options (for driveways etc.) Permit Tracking System Railroad Quiet Zones Reimbursement Assessment Amendment Retreat, Summer 2011 School Flashing Lights (Bowdish, etc.) Signage (I -90) Site Selector Update Solid Waste Amended Interlocal Speed Limits Sprague Appleway Corridor Environ.Assessment Sprague Avenue: One -way vs. two -way Street Maintenance Facility Transp Improvement Plan (6 -yr, May /June 2011) WIRA, Water Protection Commitment, public education # = Awaiting action by others * = doesn't include time for public or council comments Draft Advance Agenda 12/23/2010 8:07:44 AM Page 3 of 3 SOM7rne ..;oOValley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhatt@spokanevalley.org Memorandum To: City Council Members; Mike Jackson, City Manager From: Michael D. Stone, CPRP, Director of Parks and Recreation Date: December 23, 2010 Re: Senske Contract Update For the past few months, Parks and Recreation staff has been working with Senske Lawn and Tree Care on the 2011 park maintenance contract. In 2009, park maintenance services were publically bid to award a new contract for 2010. Senske Lawn and Tree Care was the low bidder on the new 2010 contract and they are completing their first year under the new contract. The new contract, approved by the City Council, was for one year with six one -year renewals based upon satisfactory performance. The contract price for 2010 was over $85,000 less than the 2009 contract price. The competitive process, current economic conditions and the potential for a long term contract positively impacted the bids received by the City. In 2010 the amount the City paid Senske Lawn and Tree Care for the park maintenance contract was $560,532.25 plus $36,757.77 for adding Discovery Playground to the contract in May 2010 making a total of $597,290.02. The existing agreement allows for additional facilities to be added by mutual consent. As part of the 2011 budget reductions, snow removal in park parking lots has been eliminated at Mirabeau, Balfour, Browns, Edgecliff, Park Road Pool and Terrace View parks. Snow removal on sidewalks at parks remains in the contract. This results in a $5,000 reduction for 2011. Additionally, Discovery Playground will be opening normally in April rather than May so that will add an additional $6,404.83 to the 2011 contract. Therefore after negotiations with Senske, the 2011 park maintenance contract that staff will be bringing forward to the City Council is $606,477.88. This represents a 1.3% increase from 2010. Over the next several weeks, staff will be bringing this contract to City Council for Council's approval consideration. If you have any questions or need additional information please let me know. Financial breakdown is listed below. Thank you. 1 2010 $560,532.25 + $ 36,757.77 Discovery Playground Sub Total $597,290.02 2011 $597,290.02 - $ 5,000.00 eliminates snow removal in parking lots at some parks + $ 6,404.83 Discovery Playground opening in April instead of May Sub Total $598,694.85 negotiated 1.3% increase Total $606,477.88 2 P Or Ale alley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 + Fax: 509.921.1008 ♦ cityhatL @spokanevalley.org Memorandum To: Mike Jackson, City Manager From: Ken Thompson, Finance Director Date: December 17, 2010 Re November Finance Activity Report November highlights in Finance included: Financial reports. Reports showing a comparison of actual revenues and expenditures at November 30, 2010, to the 2010 Budget, are attached. Gambling tax receipts are expected to have a large uncollectible portion, as casinos struggle to make ends meet. Staff expects casino management to appear at a January council meeting to ask for relief. Investment earnings are likely to be less than projected in our 2010 budget as interest rates are down dramatically from prior years. Sales tax receipts are down 2% from 2009 collections. Since we estimate our revenues conservatively (Eve usually exceed our revenue estimates) and our expenditures are usually less than our estimates, moderate changes in revenues and expenditures have very little affect on our operations. This approach provides a smooth, "steady as you go" financial foundation for our operations. Fine and forfeiture revenues are expected to exceed our budget by $200,000. State shared revenue (mostly liquor tax) is also projected to be $200,000 more than budget. Beginning Fund Balance in the General Fund is greater than our budget. The investment report is also attached for your review. Audit of 2009 financial records. The State Auditor's Office completed their review of our 2009 financial records. The auditor's office offered suggestions for improving our processes and providing additional checks and balances over City assets. These suggestions are usually routine and will be carefully considered at the end of the audit. We try to avoid audit "findings" which tend to be more serious issues and take considerable time and effort to correct. There will be no "findings" for our year ended 12- 31 -09. 2011 Budget. This process is complete. Outside agency funding.. Nineteen agencies requested Rinding fi-om the city for programs in 2011. The City Council allocated $159,000 at the September 28, Council meeting. We have notified those who did not receive funding. Mini- contracts are being prepared for those that received an allocation for 2011. Lodging tax grants, Applications (5) for tourism promotion grants have been received. The lodging tax advisory committee received the applications in early October and made a recommendation to the City Council in December. Council approved the recommendation. Agreements are being prepared for the five agencies. Amendments to the 2010 budget, Two amendments to the 2010 Budget were approved. One adjusts the Debt Service Fund and the other adjusts the Risk Management Fund. Casino managers may attend a January council meeting. We expect casino managers to ask for a reduction in the card game gambling tax. It currently requires casinos to pay a 10% tax to the city which is used to monitor gambling activities. This issue will likely be discussed in January by the City Council. Other cities of our size charge a tax on card games of 10 to 11 %. General Fund Revenues. Begining Fund Balance Property Tax Sales Tax Gambling Tax Franchise Fees/Business Licenses State Shared Revenues Planning & Building Fees Fines and Forfeitures Recreation & Centerplace Fees Investment Interest Operating Transfers Total General Fund Revenues: General Fund Expenditures: Council City Manager Public Safety Operations & Administrative Svcs Public Works Planning & Community Dev. Library Services Parks & Recreation General Government Total General Fund Expenditures City of Spokane Valley General Fund Budget Variance Report For the Period Ended November 30, 2010 Adopted Budget November YTD Unrealized Percent 2010 Revenues Revenues Revenue Realized $ 19,375,000 16,411 24,626,549 $ (5,251,549) 127.10% 10,969,500 3,798,718 9,844,883 1,124,617 89.75% 16,600,000 1,452,269 13,454,875 3,145,125 81.05% 425,000 77,578 500,369 (75,369) 117.73% 1,100,000 6,071 996,815 103,185 90.62% 1,450,000 4,761 1,587,852 (137,852) 109.51% 1,649,786 76,067 1,254,507 395,279 76.04% 1,594,700 164,134 1,693,996 (99,296) 106.23% 740,000 35,018 588,122 151,878 79.48% 416,864 10,235 138,393 278,471 33.20% 220,000 - 74,300 145,700 33.77% $ 54,540,850 5,624,851 54,760,662 1 (219,812) 100.40% Adopted Budget November YTD Unrealized Percent 2010 Fxpenditures Expenditures Expenditures Realized 322,120 16,411 280,734 41,386 87.15% 1,063,842 70,988 1,174,086 (110,244) 110.36% 22,062,268 1,537,582 18,769,918 3,292,350 85,08% 1,892,382 119,924 1,373,231 519,151 72.57% 893,793 64,049 613,500 280,293 68.64% 3,552,450 233,200 2,635,044 917,406 74.18% - 831 1,012 (1,012) 2,926,033 196,380 2,086,580 839,453 71.31% 21,827,963 107,774 1,336,760 20,491,203 6.12% $ 54,540,851 $ 2,347,139 $ 28,270,865 $ 26,269,986 51.83% 5 4 20 11 10 18 16 19 17 12/20/2010 T56 AM City of Spokane Valley Other Funds Budget Variance Report For the period ended November 30, 2010 Other Funds Revenues: Street Fund Trails and Paths Hotel/Motel Fund Civic Facilities Replacement Debt Service - LTGO 03 Capital Projects Fund Special Capital Projects Fund Street Capital Projects Mirabeau Point Project Community Developmt Block Grnts Capital Grants Fund Barker Bridge Reconstruction Stormwater Mgmt Fund Equip. Rental & Replacement Risk Management Reserves: Centerplace Operating Service Level Stabilization Winter Weather Parks Capital Civic Buildings Total Other Funds Revenues: Other Funds Expenditures: Street Fund Trails and Paths Hotel /Motel Fund Civic Facilities Replacement Debt Service LTGO 03 Capital Projects Fund Special Capital Projects Fund Street Capital Projects Community Developmt Block Grnts Capital Grants Fund Barker Bridge Reconstruction Stormwater Mgmt Fund Equip. Rental & Replacemnt Risk Management Reserves: Centerplace Operating Service Level Stabilization Winter Weather Parks Capital Civic Facilities Capital Total Other Funds Expenditures: Adopted Budget November YTD Unrealized Percent 2010 Revenues Revenues Revenue Realized $ 7,399,050 403,387 $ 4,181,876 3,217,174 55.52 % 7 8,000 6 55 7,945 0.68 % 3 400,000 41,319 388,247 11,753 97.06% 1,240,000 186 2,468 1,237,532 0.20% 15 650,000 265,760 463,271 186,729 71.27% 2 1,948,000 52,099 436,240 1,511,760 22.39 % 3 612,000 41,610 422,125 189,875 68.97% 3 10,572,000 234,653 1,367,598 9,204,402 12.94% 3 - 7 (115) 115 300,000 - - 300,000 0.00% 13 2,465,000 871,937 1,197,874 1,267,126 48.60% 3 1,767,000 - 578,573 1,188,427 32.74% 4,398,015 571,573 1,585,249 2,812,766 36.04% 7 919,000 139 2,147 916,853 0.23% 7 258,000 2 258,040 (40) 100.02 % 350,000 54 833 349,167 0,24% 6 5,400,000 834 13,465 5,386,535 0.25% 6 505,000 77 824 504,176 0.16% 12 820,000 177 1,981 818,019 0.24% 3 5,827,000 897 14,482 5,812,518 0.25% 6 $ 45.838.065 $ 2.484.717 10.915.231 S 34,922.834 21BVA Adopted Budget November YTD Unrealized Percent 2010 Expenditures Expenditures Expenditures Realized $ 7,399,050 264,366 3,162,015 $ 4,237,035 42.74 % 17 8,000 - - 8,000 0.00% 3 400,000 12,000 289,940 110,060 72.48% 1 1,240,000 - - 1,240,000 0.00% 15 650,000 407,511 554,604 95,396 85.32 % 2 1,948,000 - 20,876 1,927,124 1.07 % 3 612,000 - 20,876 591,124 3.41 % 3 10,572,000 112,873 2,275,656 8,296,344 21.53 %0 3 300,000 - - 300,000 0.00% 13 2,465,000 440,206 1,702,370 762,630 69.06% 3 1,767,000 1,298 1,206,335 560,665 68.27% 4,398,015 246,741 1,504,607 2,893,408 34.21% 17 919,000 - - 919,000 0.00% 8 258 „000 305,834 (47,834) 118.54% 14 350,000 - - 350,000 0.00% 9 5,400,000 5,400,000 0.00% 12 505,000 - - 505,000 0.00% 12 820,000 39,132 273,578 546,422 33.36% 3 5,827,000 - 17,866 5,809,134 0.31% 3 $ 45.838.Ofi5 S 1.524.127 11.334.558 $ 34.503.509 2_4 73% 12/20/2010 9:55 AM City of Spokane Valley Investment. Report For the Month of November 2010 Total LGIP* BB CD 1 BB CD 2 Investments Beginning $ 40,305,465.28 $ 2,035,657.54 $ 3,007,561.64 $ 45,348,684.46 Deposits 5,276,119.26 - - $ 5,276,119.26 Withdrawls (2,000,000.00) - - $ (2,000,000.00) Interest 7,487.01 - - $ 7,487.01 Ending $ 43,589,071.55 $ 2,035,657.54 $ 3,007,561.64 $ 48,632,290.73 Balances by Fund 001 General Fund $ 24,760,608.79 101 Street Fund 2,675,724.09 103 Trails & Paths 37,848.01 105 Hotel /Motel 304,482.83 120 CenterPlace Operating Reserve 348,881.01 121 Service Level Stabilization Reserve 5,420,160.2.5 122 Winter Weather Reserve 500,823.73 123 Civic Facilities Replacement 1,210,240.92 301 Capital Projects 1,362,506.65 302 Special Capital Projects 1,578,897.44 304 Mirabeau Point Project 44,175.04 309 Parks Capital Project 1,152,137.73 310 Civic Buildings Capital Projects 5,824,704.27 402 Stormwater Management 2,490,395.92 501 Equipment Rental & Replacement 904,935.42 502 Risk Management 15,768.63 $ 48,632,290.73 *Local Government Investment Pool City of Spokane Valley Sales Tax Receipts Month by Month Comparison Month Received Feuruary March April May June July August September October November December January 2010 2009 $ 1,690,170.61 1,245,885.86 1,210,210.64 1,297,589.85 1, 254, 330.03 1, 312, 964.99 1,494,486.56 1, 381, 203.54 1,393,353.36 1,417,465.22 1,314,434.56 1,221,873.05 $ 16,233,968.27 Year to date Percentage 2010 Change $ 1,693,974.29 0.23% 1,097,126.08 -4.94% 1,160, 934.77 -4.68% 1, 349, 758.63 -2.61% 1,252, 377.28 -2.15% 1,271,607.01 -2,31% 1,442,679.59 -2.50% 1,380,147.05 -2.19% 1,354,001.39 -2.26% 1,452,269.26 -1.77% 2011 $ 13,454, 875.35 FOOTNOTES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Most costs are typically late in the year. Debt paid twice each year (June and December.) Capital projects often take a number of years to plan, engineer, acquire right of way and construct. Most property tax received in May and November. Based on audited 2009 annual report. Interest earnings. Beg. Bal. included in budget which understates percent realized for current year For replacement of vehicles & computers. Required operating reserve, no expenditures planned for 2010. Revenue for 2010 events will be moved to 2010. Quarterly Payment to City. Emergency use only. Fund being phased out. Budget adjustment needed In reserve for replacement of buildings. Transfer for loan repayment processed in late 2009. Budget includes projected fund balances at 12- 31 -10, which understates percent realized. Interest rates are down significantly. Severance pay. Shows revenue earned, some will not be collected. 12120/2010 9:56 AM MEMO TO: Mike Jackson, City Manager FROM: Rick VanLeuven, Chief of Police DATE: December 17, 2010 RE: Monthly Report November 2010 November 2010: November 2009: CAD incidents: 4,339 CAD incidents: 4,665 Reports taken: 1,447 Reports taken: 1,469 Traffic stops: 1,117 Traffic stops: 1,780 Traffic reports: 247 Traffic reports: 288 CAD incidents indicate calls for service as well as self - initiated officer contacts. Hot spot maps are attached showing November residential burglaries, commercial burglaries, traffic collision hot spots and vehicle prowling hot spots, along with October 2010 and November 2010 stolen vehicle hot spots. Also attached are nine bar graphs for 2007, 2008, 2009 and November 2010: commercial burglary, garage burglary, residential burglary, forgery, malicious mischief, stolen vehicles, theft, vehicle prowling, and property crimes comparisons for 2007 through 2009. ADMINISTRATIVE: Chief VanLeuven participated in the FireArms Crime Enforcement (FACE) Program at Airway Heights Prison in early November. Members of the committee, which was made up of local, state and federal agencies, provided outstanding information to the releasing offenders, who were prescreened as armed career criminals. The committee encouraged the offenders to make wise decisions in an effort to deter them from committing future firearms crimes. The Joint Public Safety Leadership Forum was held at the beginning of November, which Chief VanLeuven attended. The forum is comprised of law enforcement and fire service leaders who gather monthly to strengthen relationships and make joint decisions that affect public service. Chief VanLeuven attended a presentation by the Pacific OCDETF Region at the U.S. Attorney's Office in early November. Members of the Sheriff s Office assigned to the Spokane Regional Drug Task Force and the Drug Enforcement Agency along with members of other local and state agencies were recognized for their efforts in Operation Green Tree and Operation Generations. Operation Green Tree culminated with a state -wide takedown resulting in the execution of 17 search warrants on residences and businesses, identification of five grow houses of marijuana along with dozens of cellular phones, firearms, cash and 27 of 30 indicted defendants apprehended and arrested, 19 of whom have plead guilty. Operation Generations consisted of an investigation of large -scale importation and distribution of methamphetamine and cocaine from Mexico into eastern Washington Page 1 and eventually to the rest of the Northwest and five other area states. This organization was sophisticated, utilizing employees of various Washington state agencies to obtain false identification and multiple aliases to obscure the identity of key members and their locations. In spite of obstacles, a staggering 62 conspirators and associates have been indicted with 40 defendants entering guilty pleas. 70 kilograms of methamphetamine, most of it testing 100% pure, were seized along with over $500,000 in cash and property. Chief VanLeuven attended the monthly meeting of the Citizens Advisory Board in early November. Chief VanLeuven attended the Annual SCOPE and Law Enforcement Appreciation Dinner in early November where the following awards were presented: • Spokane Valley Sergeants Don Manning and Jim Gladden received the Sheriffs Lifesaving Award for their roles in pulling the driver of a burning vehicle to safety moments before the passenger compartment burst into flames. The driver's socks were burned from his feet, but he survived the incident. • Spokane Valley resident Gregg Freitas received the Outstanding Citizen Award for assistance he rendered a neighbor and the Spokane Valley Police in June 2010 when he saw his neighbor arguing with a male suspect who had been inside the home uninvited. The male suspect appeared to have been drugged at the time. Freitas grabbed the suspect in a bear hug and slammed him to the ground where Deputy Criswell completed handcuffing him. The officer commended Freitas' actions for preventing a one -on -one fight with the agitated and violent suspect. • Spokane Valley Officer Walter Loucks and Sgt. Dale Golman were awarded the Sheriffs Lifesaving Award for their actions that saved a suicidal man in December 2009. • Spokane Valley Officers Dale Wells and Dave Lawhorn were also awarded the Sheriff's Lifesaving Award for an incident in March of 2010. They were on their way to take a burglary report when they spotted a vehicle cross the road in front of them, where the back of the car kicked up and the vehicle came to a stop. Upon investigation, they discovered a 58- year -old driver who appeared to be unconscious in the running and locked vehicle. The officers were able to break the window, remove the driver, and begin CPR when they determined he had no pulse. The two continued their efforts until paramedics arrived and took over. The man suffered a major heart attack, but was expected to survive. • Spokane County Sheriff s Reserve Bill Duffy was recognized for his actions during a pursuit and crash in March of 2010. He was riding with Officer Sciortino when they became involved in a vehicle pursuit. The driver ultimately lost control of the vehicle at which time it flipped and rolled several times before catching on fire. Reservist Duffy cut the female passenger's seatbelt and removed her from the car. Afterwards, he used fire extinguishers from patrol cars to put out the blaze. Congratulations to all recipients for a job well done. • The Spokane Valley Property Crimes Unit, which include supervisor Sgt. John Nowels, Detectives Brad Gilbert, Kirk Keyser, Roger Knight, Mark Renz, Mark Stewart, and Dale Toliver, received the 2010 Annual Unit Merit Award. The unit has set the standard for Page 2 investigative performance as it embraced Intelligence Led Policing and Results -Based Management. In five months, the unit shifted focus from solving as many cases as possible to using intelligence resources and research to identify specific individuals who commit the majority of crime. They developed several ILP cases to include a Yardley commercial burglary investigation involving dozens of burglaries and fuel theft with multiple groups of people involved; a forgery ring run by a convicted felon with dozens of victims in the Spokane area; an identity theft case with multiple suspects and dozens of victims from across the country; and a group of burglars responsible for at least nine commercial break -ins and three vehicle thefts in Spokane County. While shifting focus to ILP projects, they also maintained large caseloads and were still available to assist patrol and major crimes. Valley property crimes detectives assisted in two homicide investigations, two officer - involved shooting cases, and assisted in finding and capturing escaped killer Phillip Paul. Valley Property Crimes detectives have changed the way they do business and have made these changes willingly. They contribute greatly to the agency's success and build a positive image for the public. Both Sheriff Knezovich and Chief VanLeuven attended the Washington Association of Sheriffs and Police Chiefs (WASPC) Conference held at Lake Chelan in mid - November. The Spokane County Sheriffs Office was again recognized as an accredited agency at the WASPC Conference. Accreditation is a voluntary program in which a law enforcement agency meets and maintains established standards of performance, and acknowledges business practices and professionally - recognized organization principles that are mandated as necessary for the profession or organization. Considered "universal have- to's," there are 140 standards which must be met in order to become accredited. The Spokane County Sheriffs Office was originally accredited in 2004. We are now working on the accreditation process for the Spokane Valley Police Department. Chief VanLeuven attended the Joint Fire & Law Enforcement Radio Channel Planning meeting at the Fire Training Center at the end of November. COMMUNITY ORIENTED POLICING: S.C.O.P.E. participated in the following events during the month of November: • Sheri ffs /S.C.0.P.E. Volunteer Appreciation Banquet; • Safe Routes to Schools - South Pines, Otis Orchards, Trent, and Seth Woodard Elementary Schools; • Turkey Bowl (Shock Football's Father and Children Football); • Boy Scout Safety Fair @ Liberty Lake; • Spokane Sheriff vs. Spokane Police Hockey Benefit Game; • Greater Spokane Substance Abuse Council Coalition meeting; • Spokane Safe Kids meeting; • Community Emergency Response Team (CERT) meeting; and, • Child Sexual Predator Task Force meeting. The SCOPE program SIRT (Sheriff s Incident Response Team) assists the Sheriffs Department and Fire Departments by providing volunteers for traffic control as requested by the departments, where a Page 3 crime scene, fire, auto accident, downed power lines, etc, have occurred. They are provided with specially equipped trucks, and SCOPE cars which carry traffic control signs, traffic cones, flares, etc, necessary to detour traffic from the scene. They volunteer for at least 2 days a month, 24 hrs per day. When on duty, they are provided a vehicle and a beeper. They are dispatched out to a scene by Sheriff s Radio Dispatch. SIRT also provides traffic control for special events, such as the Valleyfest Parade, different running events, the Lilac Parade, etc. Just for the months of January thru November 2010, volunteers in the SIRT program have donated 5,700 hours, saving the taxpayers of Spokane County over $100,000 dollars. The SIRT team is made up of 30 men and women and is always looking for new volunteers. If interested call Lee Chessman at 342 -1765 November 2010 Volunteers Hours per station: CV S.C.O.P.E ----------- - - - - -- 1031.5 hrs. Edgecliff S.C.O.P.E. ---- - - - - -- 694.0 hrs. Trentwood S.C.O.P.E. - - - - - -- 292.0 hrs. University S.C.O.P.E. -- - - - - -- 457.0 hrs. Total SV November 2,474.5 hrs. • S.C.O.P.E. Incident Response Team (SIRT) volunteers contributed 156 on -scene hours (including travel time) in November, responding to crime scenes, structure fires, motor vehicle accidents and providing traffic control. Of those hours, 46 hours were for incidents in the City of Spokane Valley. Total November volunteer hours contributed by SIRT, including training, stand -by, response and special events is 569; year -to -date total is 5,827 hours. • There were four juvenile runaways in the Spokane Valley for the month of November 2010. • Abandoned vehicles tagged by S.C.O.P.E. volunteers for impoundment in the Spokane Valley in October totaled 15 and in November 16, with 7 and 9 respectively, vehicles eventually cited and towed. Fourteen were processed in October and 10 hulks processed in November. During the month of November, a total of 61 vehicles were processed. S.C.O.P.E. DISABLED PARKING ACTIVITY REPORT JANUARY -DECEMBER 2010 City of Spokane Valley 4 of Vol. 4 of Hrs 4 of Disabled Infractions Issued 4 of Warnings Issued 4 of Non - Disabled Infractions Issued January 9 360 63 93 February 8 342 39 122 March 8 411 36 82 Page 4 April 6 286 35 47 2 May 6 136 17 65 0 June 2 179 12 2 0 July 6 194 22 7 0 August 6 95 12 5 0 September 6 81 20 1 0 October 7 79 7 0 0 November 5 71 3 1 0 Total 69 2231 266 425 8 S.C.O.P.E. DISABLED PARKING ACTIVITY REPORT (coat.) Spokane Count 4 of Vol. 4 of Hrs 4 of Disabled Infractions Issued 4 of Warnings Issued 4 of Non - Disabled Infractions Issued January 6 47 1 23 0 February 5 78.5 0 15 0 March 4 47 2 5 0 April 7 107.5 12 19 0 May 9 67 17 9 0 June 7 265 14 3 0 July 6 9 1 2 0 August 6 12 1 8 0 September 3 9 0 0 0 October 4 7 1 3 0 November 7 48 3 0 0 Total 64 697 52 87 p OPERATIONS: Trio Nabbed In Failed Robbery Attempt - Three Spokane Valley residents were arrested after their attempted home - invasion robbery went sideways because their intended victim slammed his door in their faces. The suspects, a 20- year -old male, a 15- year -old boy and 16- year -old boy, were fleeing the targeted home in the 2800 block of South Havana when they were spotted and detained by Deputy Tyler Smith and WPS Trooper Darren Britton at Twenty -Ninth and Cherry. The adult male was wearing a backpack in which the investigators found two loaded pistols, Beretta and Ruger semi- automatics. They also found latex gloves, zip ties, three walkie- talkie radios, three stocking caps, several knives and extra ammunition. Deputy Dan Knight contacted the intended victim and learned Page 5 that one of the suspects had knocked on his door about 5:40 p.m. and asked to see his son. When he said the son wasn't home, a second suspect stepped from around the corner and stuck a pistol in his face. The homeowner quickly slammed the door shut and set the deadbolt lock, at which time the three would -be robbers ran away. Interviews with the suspects revealed that had made a specific plan about how to rob the homeowner, but hadn't planned on him resisting. The male adult was booked into the Spokane County Jail on First - Degree Robbery and Second - Degree Assault charges. Both teens were booked into the Spokane County Juvenile Detention Center on the same felony counts. In addition, the 15- year -old was charged with Unlawful Possession of a Firearm. No one was injured in the incident Panhandling — With the implementation of the new ordinance back in August, panhandling in the City of Spokane Valley has been virtually eliminated. There was one panhandler this past month, who was reportedly standing on the median on the west side of the intersection at Broadway and Sullivan soliciting for money. By the time officers responded, he was gone. Detectives Recover Stolen Loot - Spokane Valley property crimes detectives executed a search warrant on an East Cataldo storage unit and recovered stolen motorcycles, stolen engines and transmissions, and a $10,000 trailer - mounted generator stolen from a Barker Bridge construction site in July. Detective Brad Gilbert arrested a pair of brothers and booked them into the Spokane County Jail on felony counts of First - Degree Theft. Gilbert developed information that stolen property was being stored by Secure -It Storage on East Cataldo. He requested and received a search warrant for the suspects' unit and waited until he saw the 45- year -old suspect open and enter. As he was speaking with the 45- year -old suspect, the 55- year -old brother arrived. Both were arrested. Inside the unit detectives found a Honda 250 Enduro stolen on November 10 a stolen 2008 Vespa scooter stolen in July, and two pickup engines and transmissions that were identified as stolen by Washington State Patrol Detective Jeff Thoet. They also found a "Big 40" diesel welder /generator stolen from a Morgan- Osgood Construction Co. storage site near the Barker Bridge. The company had four of the trailer - mounted generators stolen from the site last July. Two had previously been recovered. Total value of the recovered stolen property was placed at more than $30,000 by Spokane Valley Police Property Crimes Sergeant John Nowels. Investigation into the thefts continues. Masked Robber Strikes Sprague Grocery - A suspect wearing a black ski mask robbed Sam's Stop and Shop on East Sprague on a late Sunday night and escaped with an undisclosed amount of cash and cigarettes. An employee told Officer Brian Moen that he was preparing to close the store about 11 p.m. when a man entered the business wearing a ski mask. The employee noticed the suspect used his sleeve to open the front door. The employee told the man to remove the mask while inside the business, but the suspect approached the counter, tossed a bag onto it and whispered a demand to fill it with cash. The employee did so, and then added several loose packs of cigarettes when the suspect demanded them as well. No weapon was displayed by the robber who left walking westbound on Sprague toward Bowdish. Officers and a sheriffs canine searched the area, but did not locate the robber who was described as a white male, 20 to 30 years old, six feet tall and 180 pounds. In addition to the ski mask, he wore a gray hooded sweatshirt. Anyone with information regarding the incident is encouraged to call Crime Check at 456 -2233. New Crime Check phone — The Spokane Valley Police are making nights and weekends more available so visitors have 24 -hour access to Crime Check should they need to report a crime or summon officers. A bright red call box has been installed on the face of the precinct building, and it Page 6 contains a single push button that allows users to dial directly into Crime Check, the Spokane County crime reporting system. There is no cost to use the direct - access call box. Be Alert For Mail Thieves - A Spokane Valley apartment complex manager reported to Crime Check that a suspect has broken into the complex mailboxes twice this month and stolen residents' mail. Residents at the apartment complex and the United States Postal Service have been notified of thefts. Mail theft has been an ongoing issue for Spokane County residents since the wave of identity theft began several years ago, but police frequently see a spike in November and December as people begin sending holiday cards and letters containing gift cards, checks and cash. Persons sending such financial gifts or payments containing checks should deposit those items in the large blue postal boxes located at post offices or central shopping centers, rather than in roadside residential mail boxes. Area residents who receive mail at such mail boxes should be alert to strangers in their neighborhoods, and should remove mail from the boxes as soon as possible. Have a trusted neighbor or friend collect your incoming mail if you are out of town or otherwise unable to collect if yourself. Identity thieves can compromise your financial accounts once they have your name and account numbers from your stolen mail and checks. Kudo from a Spokane Valley Citizen — " I would like to commend and thank Deputy Mark Brownell for his service at my residence for a domestic dispute. We had a very unfortunate and scary event happen that night and Deputy Brownell displayed what I hope all Sheriffs Deputies are taught. He was very professional, empathetic, and compassionate and displayed amazing skills while talking to my 10-year-old daughter who was beyond scared at what happened that night. I am sure you all respond to hundreds if not thousands of these issues yearly, but Deputy Brownell acted as if my family's situation was his own family. He was awesome and if the rest of the Deputies for Spokane County are half as dedicated and helpful as Deputy Brownell was for us, you have one great department!!!!! I wanted to let Sheriff Knezovich know how comfortable I will sleep from now on knowing genuinely concerned Deputies like this are serving my community in the Spokane Valley." Page 7 2010 NOVEMBER CRIME REPORT To date: Yearly totals: Nov -10 Nov-091 2010 2009 2009 2008 2007 2006 2005 2004 BURGLARY 74 66 871 648 725 753 584 714 744 997 FORGERY 24 19 319 277 297 354 365 334 464 465 MALICIOUS MISCHIEF 74 76 1112 1166 1245 893 1,265 1,122 904 1,224 NON - CRIMINAL 81 74 844 825 892 944 839 811 749 916 PROPERTY OTHER 74 93 772 864 933 828 890 982 1,154 1,665 RECOVERED VEHICLES 25 151 349 169 187 319 343 403 333 390 STOLEN VEHICLES 45 29 466 261 298 496 478 711 603 577 THEFT 185 176 2134 2003 2162 1,846 1,881 1,888 2,256 2,853 UIOBC 0 0 3 4 4 4 8 11 8 10 VEHICLE OTHER 0 0 2 5 5 7 3 3 5 40 VEHICLE PROWLING 106 114 1274 815 920 1069 682 937 958 1,382 TOTAL PROPERTY CRIMES 688 662 8,157 7,037 7,668 7,513 7,338 7,916 8,178 10,519 ASSAULT 58 64 834 859 927 869 853 846 894 880 DOA /SUICIDE 13 19 178 187 210 269 221 167 159 164 DOMESTIC VIOLENCE 120 111 1175 1101 1226 1063 874 736 762 755 HOMICIDE 0 1 1 3 3 3 1 5 1 5 KIDNAP 1 2 15 19 21 16 23 22 35 24 MENTAL 21 23 274 285 310 360 350 425 425 386 MP 9 8 118 109 115 95 83 88 97 106 PERSONS OTHER 116 110 1570 1487 1621 1,354 1,337 1,159 1,256 1,624 ROBBERY 8 11 57 67 75 71 60 58 56 58 TELEPHONE HARASSMENT 11 12 138 146 159 95 73 83 92 190 TOTAL MAJOR CRIMES 357 361 4360 4,263 4,667 4,195 3,875 3,589 3,777 4,192 ADULT RAPE 2 0 42 34 35 44 43 29 39 37 CHILD ABUSE 7 17 106 146 159 148 104 78 101 126 CUSTODIAL INTERFERENCE 16 12 183 154 157 86 92 105 88 205 SEX REGISTRATION 0 0 1 2 2 3 4 3 6 4 INDECENT LIBERTIES 0 1 6 10 10 11 18 15 9 21 CHILD MOLESTATION 3 2 41 25 35 66 46 69 67 77 CHILD RAPE 4 4 26 34 35 39 31 62 35 30 RUNAWAY 51 28 459 407 440 369 295 309 311 437 SEX OTHER 12 17 197 201 211 179 194 203 181 162 STALKING 3 1 17 13 15 21 17 17 27 35 SUSPICIOUS PERSON 18 11 197 163 175 142 152 177 244 341 TOTAL SEX CRIMES 116 93 1275 1189 1271 1,108 996 1,067 1,108 1,475 DRUG 39 65 511 634 670 838 807 665 891 999 ISU OTHER 0 0 2 0 1 0 1 0 0 1 TOTAL ISU 39 65 512 634 671 838 808 665 891 1,000 TOTAL TRAFFIC REPORTS 247 288 2858 2,912 3,183 3,811 3,800 3,345 2,403 2,776 TOTAL REPORTS RECEIVED 1,447 1,469 17,162116,03511 17,460 17,465 16,817 16,582 1 16,357 19,962 Cit�ej r.. 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'� �® ® ®� . � ... • Ira• - • ■�71�a p �IN2 RU - • -aura— wiayu j !• II'_ ■-- �!•�,1 Al �.� � �- - -i•!, . �`C� � to 1 - �V ;sr.,■ ■.a�F��•`'.'�'j o.: •�k7'V�"' ■■u ' au" �i��s\�L�s� - a1T�� '"'IFil�l�� j� �w+..y�`f r�'zJIIU 'r)f Ea---■r�AAwr ■�� ,� MW M W NO urglaries ter. e�� a i,.� =am EPPIK Low NO Medium IN High ■�� III ■fL'•iY��Vi L Spokane Valley Forgery 50 45 40 35 30 25 20 15 10 5 C ■ 2007 02008 2009 ❑ 2010 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Spokane Valley Garage Burglary 35 30 25 20 15 10 5 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ■ 2007 ■ 2008 W 2009 ■ 2010 2010 NOVEMBER INCIDENTS BY CITIES 12/03/2010 AH CH DP FC FF LAH LL ML MW RF SCO SPA SPK SV WAV TOTALS CAD INCIDENTS 10 114 224 15 4 1 23 193 81 27 3,792 0 487 4,339 0 9,310 SELF INITIATED INCIDENTS 7 12 152 6 2 0 12 139 37 19 1,583 0 437 1,827 0 4,233 DRUG SELF INT (PATROL) 0 0 2 0 0 0 0 0 0 0 11 0 1 6 0 20 TRAFFIC STOPS 3 5 57 2 2 0 7 43 23 10 914 0 299 1,117 0 2,482 TRAFFIC STOPS (ARST /CIT /IN) 0 2 17 1 2 0 2 21 10 9 458 0 150 654 0 1,326 TS (WARRANTS) 0 0 0 0 0 0 0 0 0 0 15 0 10 12 0 37 CALLS FOR SERVICE 3 102 72 9 2 1 11 54 44 8 2,209 0 50 2,512 0 5,077 ALARMS 0 2 0 0 0 0 0 5 6 0 84 0 1 91 0 189 ACCIDENTS 0 9 9 1 0 0 4 8 3 0 460 0 14 270 0 778 ACCIDENTS (ARREST /CIT) 0 0 0 0 0 0 0 0 1 0 10 0 1 11 0 23 DRUG CALLS 1 0 0 0 0 0 0 0 1 0 13 0 0 36 0 51 DV 7 0 11 0 0 0 4 13 1 2 125 0 6 191 0 360 DUI 0 0 1 0 0 0 0 1 0 1 87 0 6 69 0 165 DUI (ARREST) 0 0 1 0 0 0 0 0 0 0 3 0 0 6 0 10 PURSUITS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 SUSPICIOUS ACTIVITY 1 4 13 0 0 0 1 11 9 0 254 0 17 326 0 636 VEHICLE RECOVERED 0 0 0 0 0 0 0 0 2 0 17 0 3 15 0 37 911 ABANDON LINE 0 30 3 8 1 0 0 3 4 1 137 0 0 157 0 344 SHOPLIFTING 0 0 0 2 0 0 0 0 0 0 3 0 0 24 0 29 ALL ARRESTS (ARREST /CIT /IN) 1 3 27 3 2 0 2 26 13 10 560 0 170 836 0 1,653 CRIME CHECK REPORTS 1 0 20 1 1 1 2 9 17 0 335 1 9 489 0 886 12/03/2010 Spokane Valley Malicious Mischief 200 180 160 140 120 100 :E .11 40 20 C JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 02007 ■ 2008 2009 ❑ 2010 2500 2000 1500 1000 500 IN Spokane Valley Property Crimes Comparisons (2010 is through November) Burglary Burglary Mischief Commercial Residential Forgery Malicious Stolen Vehicle Theft Vehicle Prowling Spokane Valley Residential Burglary 70 ., 50 40 30 20 10 0 I i ■ 2007 ■ 2008 ■ 2009 ■ 2010 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC CitqLej W E Il�wr I r1E iNS �� • sz„wr. -�� • �y► - • 7 o � •� " :137Ca1 ° _ Valley IN O ■Y�Off �� Broadwayl 1111111MULA V.4 O •�i■ilil,. �I� -.�_ ° ■ ■IDfGi�7 ■� ■fir". �� Alki 'Elio aT ON M-1 MIUM 5 'Alum ham �I_ c1w !11 �rwlcalu • 1w�� ! r. .� ARE I Algo Mon Ell MOO ��•♦ ��f■� OI � ��JYU■■�� ► .: (� i��fs *�AAi�� yj� ��L+,1 • '_ IL A �t'!'�"" �, "�" �� ■ ■ rs4U eelea�wll ® ��Y� � mil! � ■ ��!'Se�1L� Imo` 9 ■� ©� \■_ •` � . .LU — s�fifr i,�;•"�F7:3l�AY_1�1. 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STREET MASTER PLAN JUB Engineers completed the traffic counts /accident data collection and evaluation. They have also completed the street pavement ratings on one half of the city's arterials and one third of the residential streets. Results are still being compiled and evaluated. CAPITAL PROJECTS (See attached Capital Projects Spreadsheet) STREET & STORMWATER MAINTENANCE ACTIVITY The following is a summary of Public Works /Contractor maintenance activities in the City of Spokane Valley for November 2010: Fall Street and Stormwater Maintenance Items: • AAA Sweeping, LLC substantially completed fall sweeping tasks in November before the first winter maintenance event. • AAA continued cleaning underground stormwater structures under the Vactoring Services Agreement. • Geiger crews are providing litter pickup services and grass and weed cutting in City ROW. Emergency Winter Snow Operations: • We will continue with the emergency contract with Poe Asphalt for 2010/2011. Purchase of a permanent Street Maintenance Facility: • On April 6, 2010, Council recommended that we conduct a property search. We sent out a notice to all realtors in Spokane Valley. We are currently reviewing properties with realtors and will bring that information to Council in the November. STORMWATER • SW Improvement Projects —2010 Small Works Contract #1 4 projects were completed under the Small Works Roster, the projects are now substantially complete. We are holding retainage awaiting minor adjustment work and as -built drawings from the contractor. 1. Robinhood Street, 1300 — 1400 Block: add capture, catchbasins, and expand UIC for under - designed area. (SUBSTANTIALLY COMPLETE) 2. Herald Street, 8 th to 9 th Ave.: add capture, catchbasins, and expand existing UIC. (SUBSTANTIALLY COMPLETE) 3. Oberlin Street, South of 11 Avenue: additional stormwater capture and swale. (SUBSTANTIALLY COMPLETE) 4. 10 Avenue, Little John Ct. to Mariam St: additional stormwater capture, manhole structure. (SUBSTANTIALLY COMPLETE) • SW Maintenance Projects — Maintenance Contract (Poe) Stormwater Utility small improvement and maintenance projects that are assigned under the City's Street and Stormwater Maintenance Contract include the following: 2010 Maintenance Projects — IN PROGRESS 1. 11 and Herald — improve catchbasins and rehabilitate existing failing UIC. Scheduled for design this Fall /Winter and construction in 2011, to be assigned to a 2011 Small Works Contract. 2. 13618 E. 4 th (west of Evergreen) — replace existing pipe sump with deep catch basin and a Drywell, replace existing soil with pervious gravel from mailboxes to new pavement and new catch basin. Under design, to be assigned to a 2011 Small Works Contract. 3. 32n and Bowdish intersection, north leg — mitigate ongoing stormwater ponding. Evaluating various alternatives, to be designed 2011, assigned to a future Small Works Contract. 2010 SW Maintenance Projects - COMPLETED 1. University and 16 NE Corner: replace (2) existing UIC's, provide overflow to 16 Ave system. COMPLETED 2. Union, North of Mission: added capture of stormwater. COMPLETED. 3. Adams — 12 to 8 th and South of 24 Intersection — replace existing shoulder gravels with new pervious gravel to mitigate continuing erosion issues. COMPLETED 4. 5700 E. 8 new intercept and swale, rehabilitate existing drywell. COMPLETED 5. 7 E. 11011 (near Pierce) — north side of road, replace existing soil with pervious gravel in front of driveway. COMPLETED 6. 8 th just east of Evergreen, south side of road — replace existing soil with pervious gravel near mailboxes. COMPLETED 7. Yardley Area Drywell Rim Grouting: Repair Rims. COMPLETED. 8. 2316 N. Girrard: replace existing failing pipe sump with catchbasin and single depth drywell. COMPLETED 9. 43r Hollow and Forest Meadows: repair of crushed culvert pipe. COMPLETED 10. 7413 E. Sharp Avenue (near Park) — replace crushed pipe between catchbasins. COMPLETED 11. 1505 N. University Road (south of Mission) — replace crushed pipe between catchbasin and drywell. COMPLETED 12. 5621 E. 15 Ave (near Stanley) — replace crushed pipe between inlet and drywell, add structure to eliminate blockage point. COMPLETED 2010 County Sewer Projects Continued work with County Sewer Projects for 2010 — suggested stormwater funded improvements in the West Farms, Cronk, Corbin, and South Green Acres areas. 2010 projects on hold until spring 2011. 2011 STEP sewer projects Started work with County Sewer Projects for 2011 — working on stormwater funded improvements for the Green Haven and Mica View areas. Staff is developing design and details to improve existing problems and complaints in those areas. • Green Haven South Area — per County schedule 75% plans should be complete by second week of December. • Green Haven North Area — 50% plans scheduled for 1/4/11. • Micaview West Area —we should have 50% plans for review by the second week of December. Will be looking into options for Barker road to prepare for future development. • Micaview East Area — no City roads included in this portion. • Pines /Mansfield - swales (near Montgomery and behind fire station) Staff will get quotes on removing material and replacing with an engineered soil and sod in spring of 2011. Phase II Implementation Project (DOE Grant G0600363) Ecology funded a grant to help the City implement requirements under the Department of Ecology's Phase II Municipal Stormwater Permit. Work for this grant is substantially completed; City staff is working on a final report for final reimbursement. Ecology NPDES Permit Implementation Grants The City received a $50k grant to implement NPDES Permit requirements for stormwater; funding will need to be expended by June 2011. The City received an additional $308k grant that will need to be expended by June 2012. • Stormwater Decant Facility - to be programmed with draft 2012 -2018 Stormwater Improvement Plan. Sweeping Program Review and Development Stormwater staff worked with the Sweeping Contractor over the summer to develop spring, summer, and fall sweeping routes. A draft arterial route map has been developed and is based on field inspection, traffic counts, business zoning, and bike routes. A draft fall sweeping response map has been developed to communicate where and when certain areas of town are to be swept. Fall sweeping is weather dependent - when tree leaf and needle drop occurs and is mostly complete, with no recent precipitation, and before hard winter freezes keep the sweeping equipment from working properly. The City's point of contact with the sweeping contractor is now with the City's new Street Superintendent. A draft street sweeping plan will be written to document the City's program. Underground Injection Control (UIC) Assessment Staff continues work on compliance requirements for the City's 7,300 drywells (UICs) and performing required assessments by February 2013. A preliminary draft assessment and map has been completed and staff is continuing to review and revise based on internal comments received. Map will help show priority areas for retrofit and be used to help determine projects for the Stormwater Improvement Plan. • 2011 Stormwater Fee Assessor Rolls Update Staff began work on the changes to existing or new commercial properties for the 2011 Stormwater Fee Assessor Roll Update. GRANT APPLICATIONS FHWA Bridge Program Staff prepared and submitted on April 30, 2010 an application for the Sullivan Road West Bridge Replacement Project. Total replacement cost - $19,743,334. City match is 20 %. We should know by November if this project was successful in getting funded. See FMSIB request below for 20% local match. ($8 million awarded) Safe Routes to School (federal) Staff prepared and submitted on April 30, 2010 a bike /pedestrian grant application for the construction of a sidewalk on 1) Wellesley Avenue from Sullivan Road to 150 feet east of Isenhart Road and 2) Adams Road from Wellesley Avenue to Trent Avenue (SR 290). Total Grant Request - $628,000. City funding - $4,000 in -kind match. A prioritized list of projects will be submitted to the Governor's office and legislature by December 15, 2010, and announcements are expected by June 2011. Washington 2010 Pedestrian and Bicycle Safety Grant (state) Staff prepared and submitted May 10, 2010 a pedestrian /bicycle safety grant application for the construction of sidewalks on the west side of Sullivan Road from 4 th Avenue to 16 Avenue. Total Grant Request - $842,000. City funding - $0. A prioritized list of projects will be submitted to the Governor's office and legislature by December 15, 2010, and announcements are expected by June 2011. • Ecology SW Capacity Grant #3 (Non- Competitive /No Match) City received final grant agreement for $308,461 to help implement Stormwater Permit requirements. Ecology 2011 Facility Grant (Competitive) City staff prepared a grant application for the State's first stormwater facility grant. A project was proposed that would eliminate direct runoff discharges from one or both of the Sullivan Road bridge(s) to the Spokane River. The State will reimburse up to 75% of project eligible costs. Local funding for the proposed project would come from Stormwater Utility funds. This project made the draft list for $186,665 of grant funding. The list should be finalized around mid - January 2011. • Transportation Improvement Board (TIB) (state) Staff submitted six applications to TIB on August 31, 2010 with council approval; three Urban Arterial Program applications and three Sidewalk Program applications. Received funding for the 24 Avenue — Adams Rd to Sullivan Rd Sidewalk Project in the amount of $140,400. SmartRoutes Call for Projects 2010 SRTC has a call out for regionally significant non - motorized construction and planning projects affecting walking, bicycling and access to transit. Applications were due July 22, 2010, and are being reviewed by the committee. Congestion Management and Air Quality (CMAQ) SRTC has a call out for projects to be funded through the federal CMAQ program. Staff is considering several applications, which will likely include traffic signal improvements, installation of fiber optic cable to signals, traffic signal controller upgrades, the extension of Mansfield from Pines to Mirabeau, and a study of a possible freeway overpass at University Road. Applications were submitted September 24th. SRTC 2010 Regional Priority Projects Staff prepared four applications for this Call for Projects: • Barker Road /BNSF Grade Separation Project ...... ............................... Ranked #3 • Sullivan Road Corridor Project — Indiana Ave to Wellesley Ave ........... Ranked #1 • Spokane Valley- Millwood Trail ............................ ............................... Ranked #12 • Sprague Ave Resurfacing Project #2 — Evergreen Rd to Sullivan Rd ... Ranked #4 Applications were due September 29, 2010. SRTC Board approved the above rankings out of 19 applications submitted region wide. a ; O OW Va1l1ey November -10 # Road Projects Funding Project Manager Proposed Bid Date % Complete Estimated Construction Completion Total Project Cost PE I CN 0005 Pines /Manfield, Wilbur Rd to Pines TIB Knutson 05/23/08 100 95 06/30/11 $ 6,627,000 0063 Broadway Avenue Safety Project, Pines RD UAP Knutson 02/04/11 35 0 08/31/11 $ 932,850 0069 Park Rd Recon. #2 Brdwy & Ind. SRTC06 -12 STP(U) Knutson 50 0 $ 352,002 0088 Broadway Ave. Moore to Flora TIB Aldworth 06/04/10 100 90 11/14/10 $ 3,027,071 0112 Indiana Ave Extension UCP Aldworth 80 0 07/01/11 $ 2,082,000 0113 Indiana /Sullivan PCC Intersection STA Aldworth 20 0 12/31/11 $ 1,252,000 0123 Mission Ave - Flora to Barker STP(U) Aldworth 0 0 $ 517,919 0139 Park Road RR Crossing Safety Improvement WUTC Knutson 08/20/10 100 0 12/31/10 $ 44,000 0141 Sullivan & Euclid PCC STP(U) 0 0 $ 175,260 0142 Broadway @ Argonne /Mullan STP(U) Knutson 0 0 05/01/11 $ 276,301 0143 Barker Rd /BNSF Grade Separation Fed prgrm 0 0 $ 720,000 Sewer Projects 0106 West Pondersoa (STEP) 302 Arlt 05/06/09 100 99 06/01/10 $ 1,215,335 0128 West Farms (STEP) 001 Arlt 02/17/10 100 95 11/01/10 $ 427,000 0129 South Greenacres (STEP) 001 Arlt 03/03/10 100 60 07/01/11 $ 640,500 0130 Corbin (STEP) 001 Arlt 05/05/10 100 70 06/01/11 $ 705,000 0131 Cronk (STEP) 001 Arlt 04/14/10 100 80 06/01/10 $ 315,000 Mica View 310 Iris TBD 50 0 TBD TBD Greenhaven Iris TBD 50 0 TBD TBD Street Preservation Projects 0115 Sprague Ave Resurfacing - E'grn to S'van Traffic Projects 0060 Argonne Road Corridor Upgrade (SRTC 06 -3 102 Arlt CMAQ Knutson 95 0 04/15/11 25 0 $ 95,000 $ 1,290,636 0061 Pines (SR27) ITS Improvements (SRTC 06 -2 CMAQ Knutson 04/15/11 0 0 $ 2,083,121 0133 Sprague Ave ITS USDOE (d) Knutson 03/25/11 15 0 $ 400,000 0135 Flashing Yellow Arrow Installation USDOE (d) Kipp 100 99 12/31/10 $ 34,210 0136 Traffic Signal LED Replacement USDOE (d) Kipp 0 0 12/31/11 $ 65,000 0137 Traffic Signal Coordination USDOE (d) Note 0 0 $ 75,000 Stormwater Projects 0055 NPDES Phase II - Prog Devel - Stormwater Jenkins 99 0 12/31/10 $ 76,916 Parks Projects 0076 Valley Mission Park 301 Kersten 100 99 06/01/09 $ 343,900 0086 Discovery Playground CTED Worley 05/01/09 100 99 05/12/10 $ 1,685,189 Other Projects 0134 Bike & Ped Master Plan - Facility Imp USDOE (d) Note 0 0 07/31/11 $ 100,000 0140 Bike & Ped MP Doc Prep USDOE (d) Basinger 0 0 $ 51,850 Spokane Valley - Millwood Trail (PE only) STP(E) TBD TBD 0 0 TBD $745,000 Closeout Phase Barker Road Bridge Replacement BR prgrm Knutson 04/18/08 100 100 08/31/10 $ 11,817,000 0003 Argonne Rd Overlay - Indiana to Montgom. Fed prgrm Arlt 100 100 $ 405,948 0039 44th Ave Pathway - Woodruff Rd to Sands Rd STP(E) Aldworth 06/11/10 100 100 10/15/10 $ 405,480 0054 Appleway /Sprague /Dishman Mica ITS CMAQ Knutson 09/18/08 100 100 10/30/09 $ 672,000 0062 Sullivan /Sprague PCC Intersection STP(P) Aldworth 05/28/10 100 100 10/31/10 $ 995,520 0065 Broadway Rehab Phase 2 STP(U) Aldworth 06/19/09 100 100 02/10/10 $ 627,500 0066 Broadway Francher PCC Intersection STP(U) Aldworth 02/13/09 100 100 12/02/09 $ 759,218 0067 SIGNAL CONTROLLER UPGRADES SRTC 06 -22 CMAQ Knutson 04/29/08 100 100 11/30/09 $ 258,400 0071 WSDOT Urban Ramp Project 302 Worley 100 100 09/30/09 $ 300,000 0099 16th and Bettman Stormwater 402 Arlt 04/01/09 100 100 06/01/10 $ 116,563 0100 Evergreen - Sprague PCC STA Aldworth 04/24/10 100 100 02/09/10 $ 685,000 0102 Pines - Sprague PCC STA Aldworth 03/20/09 100 100 12/07/09 $ 978,000 0103 McDonald - Sprague PCC STA Aldworth 04/24/10 100 100 02/09/10 $ 762,000 0104 Valleyview (STEP) 302 Arlt 04/01/09 100 100 06/01/10 $ 679,923 0107 Rotchford Acres (STEP) 302 Arlt 04/22/09 100 100 10/01/09 $ 388,306 0108 Clement (STEP) 302 Arlt 05/13/09 100 100 11/01/09 $ 565,116 0109 Sprague Avenue Rehabilitation ARRA(i) Arlt 04/17/09 100 100 06/01/10 $ 2,838,000 0110 Broadway /Sullivan PCC Intersection STA Aldworth 02/12/10 100 100 12/31/10 $ 788,450 0114 2009 ADA Improvements CDBG Aldworth 04/07/10 100 100 06/30/10 $ 110,713 0127