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2011, 08-15 Special Study Session AGENDA SPOKANE VALLEY CITY COUNCIL SPECIAL MEETING Monday,August 15,2011 6:00 p.m. Spokane Valley City Hall, Council Chambers 11707 E Sprague Avenue, Spokane Valley,WA 99206 Call to Order by Mayor Towey Roll Call: Agenda Topics: ACTION ITEM: 1. Proposed Ordinance 11-011 for Ballot Bond Issue—Cary Driskell [public comment] NON-ACTION ITEMS: 2. Spokane Valley Signage Regulations —Lori Barlow, Scott Kuhta 3. Ballot Guidelines for Elected Officials—Cary Driskell 4. Advance Agenda—Mayor Towey 5. Information Only: (will not be discussed or reported): Spokane Valley Municipal Code 3.35 Contract Authority Mike Jackson ADJOURNMENT 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. Special Meeting Agenda 08-15-2011 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 15, 2011 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Second Reading Proposed Ordinance 11-011 Approving Ballot Measure — Sprague/Appleway Two-way GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: July 12, 2011, Council approved a motion to authorize the City Manager to prepare an ordinance and resolution for Council consideration to place the one-way versus two-way Sprague/Appleway issue on the November 8, 2011 ballot; and agreed to move forward with part two of the traffic study relating to potential conversion of Sprague and Appleway from one-way to two-way traffic between Dishman/Argonne and University Roads, with anticipated traffic impacts. On July 26, staff presented a draft ordinance to Council. On August 9, Council held a first reading and moved it to a second reading on August 15. BACKGROUND: On July 12, 2011, the City Council requested that staff develop the second half of the traffic study for converting Sprague Avenue and Appleway Boulevard from one-way to two-way between Dishman/Argonne Roads and University Road. This second half of the study would focus on a more refined and detailed analysis than what was provided to the Council by HDR Consulting on July 12. This second phase is anticipated to be completed by August 15, 2011. The Council requested that staff provide a proposed ordinance for setting a ballot measure that establishes a public vote on conversion of Sprague and Appleway back to two-way between Dishman/Argonne Roads and University Road. Staff worked with City bond counsel, Orrick, Herrington & Sutcliffe, LLP, to draft an appropriate ordinance. The proposed election date would be November 8, 2011. The amount of the bonds proposed to finance the improvements is currently estimated at $6,400,000, which would pay for conversion to a two-way road, other street, stormwater and landscaping improvements, enhance bicycle and pedestrian access, and for other related improvements for economic development and community enhancement. Additionally, the bonds would cost an additional 2% over and above the final amount of the improvements. Currently, the total bond cost is estimated at $6,528,000 with the improvements identified by Council to date. On August 10, staff received from HDR Consulting the most updated information on potential costs of the improvements for each major category of improvements, which is as follows: - Conversion to 2-way. Includes striping, signals, ADA Upgrades. $2.1 million - Repaving and Stormwater Upgrades. $1.9 million -Landscaping, curbs, sidewalks and multi-use pathway. $1 million to $3 million depending on level of work. The Council has the option of increasing the stated bond amount to cover these potential maximum costs, removing one or more improvement categories, or keeping the bond amount as currently stated in the draft ordinance. OPTIONS: (1) Adopt the Ordinance as drafted; (2) pass the Ordinance with revisions; (3) do nothing. RECOMMENDED ACTION OR MOTION: I move that we adopt Ordinance 11-011 placing on the November 8, 2011 ballot the issue of converting Sprague/Appleway from one-way to two- way traffic between Dishman/Argonne and University Roads, including bonds to fund the same. BUDGET/FINANCIAL IMPACTS: Estimated $85,000 for traffic study; estimated $25,000 to put on ballot; estimated $6,528,000 for improvements approved by voters. STAFF CONTACT: Cary Driskell, City Attorney; Neil Kersten, Public Works Director; Mike Jackson, City Manager ATTACHMENTS: 1. Draft Ordinance 11-011 setting ballot measure for November 8, 2011 2. Spreadsheet showing anticipated cost impact to homeowners P:\Clerk\AgendaPackets for Web\agendapacket 08-15-11\Item 1 Ballot Estimated Tax Levy at 2011 07 13 CITY OF SPOKANE VALLEY, WA 8/1/2011 Estimated Impact on City Property Taxes as a Result of a Voted Bond Issue Net bond proceeds needed $6,400,000 Bond issue costs $128,000 Assumed at 2% of bond issue Bond issue amount $6,528,000 Repayment period (yrs.) 20 Assessed value $7,140,947,644 Value is per the Spokane County Assessor's 2010 assessment for 2011 property taxes. Levy Rate Annual Impact on Property Taxes per$1,000 Assessed $100,000 $150,000 $200,000 Value Home Home Home Annual Interest Rate 4.00% Annual Bond Payment $ 480,342 $ 0.067 $6.70 $10.05 $13.40 Annual Interest Rate 4.50% Annual Bond Payment $ 501,847 $ 0.070 $7.00 $10.50 $14.00 Annual Interest Rate 5.00% Annual Bond Payment $ 523,824 $ 0.073 $7.30 $10.95 $14.60 Annual Interest Rate 5.50% Annual Bond Payment $ 546,259 $ 0.076 $7.60 $11.40 $15.20 Annual Interest Rate 6.00% Annual Bond Payment $ 569,141 $ 0.080 $8.00 $12.00 $16.00 Excerpt from a September 30,2009 Memo from Staff to the City Manager and Council STAGE 1: TWO-WAY CONVERSION OF SPRAGUE AND APPLEWAY-- DISHMAN-MICAIARGONNE TO UNIVERSITY I F r 1 �-.- 1 1� .. 5N.,7„,onway SPffA..i 1 �1 I g TOWN Li TOWN f L T� Z •___� z. 1 01 1= CENSER l l CENTER it g g _ 1 �11� zl I $ E g �1 1 AP ' PIA,- 4 Farms,one-wo 31anes,t0o-wny • I 1 --—411.- i I CURBS, SIDEWALKS, STAGE 1 TWO-WAY INTERSECTION LANDSCAPING AND TOTAL CONVERSION ENHANCEMENT MULTI-USE PATH* Sprague $611,400 $600,000 $1,757,016 $2,968,416 Appieway $653,687 0 $1,688,568 $2,342,255 Total $1,265,087 $600,000 $3,445,584 $5,310,671 *Includes multi-use path along the Appieway STAGE 2: EXTEND APPLEWAY FROM UNIVERSITY TO EVERGREEN - REDUCE SPRAGUE FROM 7 TO 5 LANES I ;_� 1 1 I ;'— 4 I -+ I -4-- L , --`- i- L_ — :,,,,, r,7,, , ,,,, :, ;,16,/;--f ,.. 71p}r.,,i+1.n:'rij 1 I< x t 1 g TOWN 1 TOWN I�, �' W L a ¢i C I 1 i. CENTER 11 CENTER I. 17[ 1 l� al l2 =I Im LU VI 1- -4-- 1 1 �-- i' APp--it,. •-fs araewa aim,..4rhn-W y Eeend37exey[wo-wey 1 - ----46.- 1 '} I I 1 ` I L 1 1 t t . STAGE 2 EXTEND LANE NARROWING CURBS,SIDEWALKS, TOTAL APPLEWAY AND RESTRIPING AND LANDSCAPING Sprague 0 $369,360 $3,217,708 $3,587,068 Appleway $12,155,937* 0 $633,600 $12,789,537 Total $12,155,937 $369,360 $3,851,308 $16,376,605 * Includes multi-use path along Appleway DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 11-011 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON PROVIDING FOR THE SUBMISSION OF A BALLOT PROPOSITION TO THE QUALIFIED ELECTORS OF THE CITY FOR THE PURPOSE OF INCURRING UNLIMITED TAX GENERAL OBLIGATION BONDED INDEBTEDNESS, IN ONE OR MORE SERIES, IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING$6,528,000 TO FINANCE CONVERSION OF SPRAGUE AND APPLEWAY TO TWO-WAY STREETS BETWEEN ARGONNE/DISHMAN AND UNIVERSITY ROAD; TO MAKE STREET, STORMWATER AND LANDSCAPING IMPROVEMENTS, ENHANCE BICYCLE AND PEDESTRIAN ACCESS AND FOR OTHER RELATED IMPROVEMENTS FOR ECONOMIC DEVELOPMENT AND COMMUNITY ENHANCEMENT; AND TO LEVY EXCESS PROPERTY TAXES ANNUALLY TO REPAY THE BONDS WITHIN A MAXIMUM TERM OF 20 YEARS; AND PROVIDING FOR OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley, Washington (the "City"), consistent with its Comprehensive Plan and the Growth Management Act, proposes to undertake the construction of improvements necessary to change portions of Sprague Avenue and Appleway Boulevard from one- way streets to two-way streets and to finance all costs related thereto including, but not limited to, repaving, signalization, striping, curbing, signage installation, enhanced bicycle and pedestrian access,stormwater facilities,landscaping;necessary architectural,engineering and other consulting services,inspection and testing,administrative and relocation expenses,on and off-site utilities and other related improvements and costs (collectively, the "Improvements") for the purpose of promoting economic development and community enhancement; and WHEREAS, to provide all or a part of the funds sufficient to make the Improvements and pay costs of issuance,it is deemed necessary and advisable that the City issue and sell unlimited tax general obligation bonds, in one or more series, in an aggregate principal amount not to exceed $6,528,000 (the "Bonds"); and WHEREAS,the Constitution and laws of the State of Washington require that an election be called for the submission of a proposition to the qualified voters within the City prior to incurring unlimited tax general obligation bonded indebtedness; and WHEREAS,the City will notify the Auditor of Spokane County,Washington,in compliance with RCW 29A.04.330, as amended, of its intention to hold a special election on Tuesday, November 8, 2011 to submit the proposition of the issuance of unlimited tax general obligation bonds to the qualified electors of the City for their ratification or rejection; and WHEREAS,the City anticipates incurring expenditures(the"Expenditures")to finance the costs of the Improvements prior to the issuance of the Bonds and wishes to declare its official intent to reimburse itself for any Expenditures it may make from its general funds on the Improvements Ordinance No. 11-011 —Page 1 DRAFT from the proceeds of the Bonds or other debt obligations, the interest on which shall be excluded from gross income under Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"). NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY DO ORDAIN as follows: Section 1. The City Council(the"Council")hereby determines that the best interests of the residents and property owners of the City require the City to carry out the plans hereinafter provided at the time or times and in the order deemed most necessary and advisable by the Council. Section 2. The City shall undertake the Improvements necessary to change portions of Sprague Avenue and Appleway Boulevard from one-way streets to two-way streets, more specifically described as follows: (a) Sprague Avenue will be converted from a one-way street to a two-way street from Argonne Road eastward to University Road; and (b) Appleway Boulevard will be converted from a one-way street to a two-way street from Argonne Road/Dishman Mica Road eastward to University Road. The costs related to the Improvements including, but not limited to, paving, signalization, striping,curbing,signage installation,enhanced bicycle and pedestrian access,stormwater facilities, landscaping, necessary architectural, engineering and other consulting services, inspection and testing, administrative and relocation expenses, on and off-site utilities and other related improvements and costs shall be deemed a part of the costs of the Improvements for the purpose of economic development and community enhancement. If available funds are sufficient from the proceeds of the Bonds authorized for the above purposes,and state or local circumstances require,the City shall use such funds to pay the principal of or interest on the Bonds, as the Council may determine. The City shall determine the application of available moneys so as to accomplish,as nearly as may be possible, all of the Improvements. The City shall determine the exact extent and specifications for the construction of structures or other improvements. If the Council shall determine that it has become impractical to accomplish any portion of the Improvements by reason of state or local circumstances,including changed conditions,incompatible development, or costs substantially in excess of those estimated, the City shall not be required to accomplish such portions of the Improvements and may apply the Bond proceeds or any portion thereof, to the payment of principal of or interest on the Bonds, as the Council may determine. Ordinance No. 11-011 —Page 2 DRAFT In the event that the proceeds of sales of the Bonds,plus any other moneys of the City legally available, are insufficient to accomplish all of the Improvements, the City shall use the available funds for paying the cost of those portions of the Improvements for which the Bonds were approved that are deemed by the Council as most necessary and in the best interests of the City. Section 3. For the purpose of providing all or a part of the funds necessary to pay the cost of the Improvements described in Section 2 above and/or to reimburse the City for such costs to the extent that City funds have been used for such purposes, together with incidental costs and costs related to the sale and issuance of the Bonds, the City shall issue and sell its unlimited tax general obligation bonds in the principal amount of not to exceed$6,528,000. The balance of the cost of the Improvements shall be paid out of any money which the City now has or may later have on hand which are legally available for such purposes. None of the Bond proceeds shall be used for any purpose other than a capital purpose relating to the Improvements. The Bonds shall be issued in an amount not exceeding the amount approved by the qualified electors of the City as required by the Constitution and laws of the State of Washington or exceeding the amount permitted by the Constitution and laws of the State of Washington. Section 4. The Bonds shall be sold in such amounts and at such time or times as deemed necessary and advisable by the Council and as permitted by law, shall bear interest at a rate or rates not to exceed the maximum rate permitted by law at the time the Bonds are sold,and shall mature in such amounts and at such times within a maximum term of not to exceed 20 years from date of issue, but may mature at an earlier date or dates, as authorized by this Council and as provided by law. The Bonds shall be an unlimited tax general obligation of the City and,unless paid from other sources, both principal thereof and interest thereon shall be payable out of annual tax levies to be made upon all of the taxable property within the City without limitation as to rate or amount and in excess of any constitutional or statutory tax limitations. The exact date,form,terms and maturities of the Bonds shall be hereafter determined by the Council. After voter approval of the Bonds and in anticipation of the issuance of the Bonds,the City may issue short-term obligations as authorized and provided by chapter 39.50 RCW. The proceeds of the Bonds may be used to redeem and retire the short-term obligations or to reimburse the City for expenditures previously made for the Improvements. Section 5. It is hereby found and declared that submission to the qualified electors of the City of the proposition of whether the City shall issue the Bonds at a special election to be held Tuesday, November 8, 2011 is in the best interest of the City. The Spokane County Auditor as ex officio supervisor of elections in Spokane County,Washington is hereby requested to call and conduct the special election to be held within the City on said date and to submit to the qualified electors of the City the proposition set forth below. The Clerk of the City is hereby authorized and directed to certify the proposition to the Spokane County Auditor in the following form: Ordinance No. 11-011 —Page 3 DRAFT PROPOSITION NO. 1 CITY OF SPOKANE VALLEY GENERAL OBLIGATION BONDS FOR STREET IMPROVEMENTS CITY COUNCIL ORDINANCE NO. 11-011 AUTHORIZES A PROPOSITION TO ISSUE UP TO $6,528,000 GENERAL OBLIGATION BONDS TO FINANCE CONVERSION OF SPRAGUE AND APPLEWAY TO TWO-WAY STREETS BETWEEN ARGONNE/DISHMAN AND UNIVERSITY ROAD;TO MAKE STREET,STORMWATER AND LANDSCAPING IMPROVEMENTS, ENHANCE BICYCLE AND PEDESTRIAN ACCESS AND FOR OTHER RELATED IMPROVEMENTS FOR ECONOMIC DEVELOPMENT AND COMMUNITY ENHANCEMENT; AND TO LEVY EXCESS PROPERTY TAXES ANNUALLY TO REPAY THE BONDS WITHIN A MAXIMUM TERM OF 20 YEARS. SHOULD THIS PROPOSITION BE: APPROVED? ❑ REJECTED? ❑ The City Clerk or designee is hereby authorized to deliver a certified copy of this Ordinance to the Spokane County Auditor at least 84 days prior to the special election date. Section 6. The election will be conducted pursuant to the voting procedures applicable to Spokane County and shall be administered by the Spokane County Auditor,as ex officio Supervisor of Elections for the City. Section 7. If one or more provisions of this Ordinance shall be declared by any court of competent jurisdiction to be contrary to law,then such provision shall be null and void,and shall be deemed separable from the remaining provisions of this Ordinance, and shall in no way affect the validity of the other provisions of this Ordinance. Section 8. The City hereby declares its official intent to reimburse itself with the proceeds of the Bonds for any of the Expenditures incurred by it prior to the issuance of the Bonds. Section 9. The City's Bond Counsel, Orrick, Herrington & Sutcliffe LLP, is appointed as Bond Counsel for the Bonds. APPROVED by the City Council of the City of Spokane Valley, Washington, at a special meeting thereof held the 15th day of August,2011, after first reading of this Ordinance on August 9, 2011. Ordinance No. 11-011 —Page 4 DRAFT CITY OF SPOKANE VALLEY,WASHINGTON By: Thomas E. Towey, Mayor ATTEST By: Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance No. 11-011 —Page 5 DRAFT CERTIFICATE I, the undersigned, City Clerk of the City of Spokane Valley,Washington(the"City"), and keeper of the records of the City Council (the"Council"), DO HEREBY CERTIFY: 1. That the attached Ordinance is a true and correct copy of Ordinance No. 11-011 of the City(the"Ordinance"),duly approved at a special meeting of the Council held on August 15,2011. 2. That the meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Council voted in the proper manner for the passage of the Ordinance;that all other requirements and proceedings incident to the proper passage of the Ordinance have been duly fulfilled,carried out and otherwise observed; and that I am authorized to execute this Certificate. IN WITNESS WHEREOF, I have hereunto set my hand this 15`h day of August, 2011. By: City Clerk DRAFT OFFICIAL BALLOT CITY OF SPOKANE VALLEY,WASHINGTON NOVEMBER 8, 2011 INSTRUCTIONS TO VOTERS: To vote in favor of the following proposition,place a cross(X)in the square opposite the word"APPROVED;"to vote against the following proposition,place a cross (X) in the square opposite the word"REJECTED." PROPOSITION NO. 1 CITY OF SPOKANE VALLEY GENERAL OBLIGATION BONDS FOR STREET IMPROVEMENTS CITY COUNCIL ORDINANCE NO. 11-011 AUTHORIZES A PROPOSITION TO ISSUE UP TO $6,528,000 GENERAL OBLIGATION BONDS TO FINANCE CONVERSION OF SPRAGUE AND APPLEWAY TO TWO-WAY STREETS BETWEEN ARGONNE/DISHMAN AND UNIVERSITY ROAD;TO MAKE STREET,STORMWATER AND LANDSCAPING IMPROVEMENTS, ENHANCE BICYCLE AND PEDESTRIAN ACCESS AND FOR OTHER RELATED IMPROVEMENTS FOR ECONOMIC DEVELOPMENT AND COMMUNITY ENHANCEMENT; AND TO LEVY EXCESS PROPERTY TAXES ANNUALLY TO REPAY THE BONDS WITHIN A MAXIMUM TERM OF 20 YEARS. SHOULD THIS PROPOSITION BE: APPROVED? ❑ REJEC TED? ❑ DRAFT OFFICE OF THE SPOKANE COUNTY AUDITOR WHEREAS, the undersigned as the duly elected, qualified and acting Spokane County Auditor,has jurisdiction of and is required by law to conduct all special elections for cities within the County; and WHEREAS, the City of Spokane Valley, Washington (the "City") lies entirely within the boundaries of the County; and WHEREAS, the City Council of the City by Ordinance adopted Ordinance No. 11-011 a certified copy of which has been delivered to the undersigned,has found that the best interests of the City require the holding of a special election on November 8, 2011; and WHEREAS,the City by Ordinance No. 11-011 has authorized and directed the undersigned to assume jurisdiction of and conduct the special election within Spokane County; NOW, THEREFORE, it is hereby authorized and ordered as follows: The undersigned hereby assumes jurisdiction within Spokane County of the above-mentioned special election of the City of Spokane Valley,Washington, authorized and ordered by Ordinance No. 11-011 of its City Council adopted August 15,2011 and will conduct the special election to be held on November 8, 2011. DATED at Spokane,Washington, this day of , 2011. Spokane County Auditor Spokane County, Washington DRAFT NOTICE CITY OF SPOKANE VALLEY,WASHINGTON NOVEMBER 8, 2011 NOTICE IS HEREBY GIVEN that on November 8, 2011 a special election will be held in the City of Spokane Valley,Washington(the"City")for the submission to the qualified electors of the City of the following proposition: PROPOSITION NO. 1 CITY OF SPOKANE VALLEY GENERAL OBLIGATION BONDS FOR STREET IMPROVEMENTS CITY COUNCIL ORDINANCE NO. 11-011 AUTHORIZES A PROPOSITION TO ISSUE UP TO $6,528,000 GENERAL OBLIGATION BONDS TO FINANCE CONVERSION OF SPRAGUE AND APPLEWAY TO TWO-WAY STREETS BETWEEN ARGONNE/DISHMAN AND UNIVERSITY ROAD;TO MAKE STREET,STORMWATER AND LANDSCAPING IMPROVEMENTS, ENHANCE BICYCLE AND PEDESTRIAN ACCESS AND FOR OTHER RELATED IMPROVEMENTS FOR ECONOMIC DEVELOPMENT AND COMMUNITY ENHANCEMENT; AND TO LEVY EXCESS PROPERTY TAXES ANNUALLY TO REPAY THE BONDS WITHIN A MAXIMUM TERM OF 20 YEARS. SHOULD THIS PROPOSITION BE: APPROVED? ❑ REJECTED? ❑ This election shall be conducted by mail-in ballot, with ballots mailed to the qualified electors of the City. Ballots will be mailed out to qualified electors on or about , 2011 and must be post-marked on or before , 2011 to be counted. Spokane County Auditor Spokane County,Washington JUNE 29, 201.0 Meeting Materials CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 29, 2010 City Manager Sign-off: Item: Check all that apply: ❑consent ❑ old business ❑ new business ❑ public healing ❑information ®admin. report ❑ pending legislation AGENDA ITEM TITLE: Ballot Measure—One-Way vs Two-Way-- Sprague Appleway GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: At the regular Council meeting on June 8t'', 2010, Councilrnember Grafos introduced the concept of placing the issue of one-way versus two-way traffic around the couplet and U-City on the General Election Ballot in November. Mayor Towey and Deputy Mayor Schimmels also expressed interest in this concept, Pursuant to this, City Clerk Chris Bainbridge has contacted Mike McLaughlin, Spokane County Elections Manager, and has determined the following: The cost to place this matter on the November ballot is approximately $10,000 to $15,000. The cost to place the measure on a special ballot (with no other ballot measures) would be approximately $100,000. The November ballot so far does not include any bond issue but it does include a Fire Department LID levy lift. The deadline to file a resolution for the November 2`` General Election is August 10, 2010. The deadline to file a resolution for the February 8, 2011 election is December 25, 2010. Current Action Taken: On Thursday, June 13, 2010, Acting City Manager Mike Jackson and City Attorney Mike Connelly met with Mike Ormsbsy, Bond Attorney with K & L Gates to discuss the proposed measure. Mr, Ormsby felt the deadline of filing a resolution with Spokane County by August 10 is achievable and should have a draft ballot measure for the City to review in the near future, Public Works Department has expressed concern over the budget numbers provided by Gadding Jackson for the Sprague Appleway conversion. The costs previously provided are planning level estimates only. Public Works recommends the preparation of engineering level cost estimates and will proceed with developing those estimates. If Council decides not to move forward with the ballot measure, Public Works can discontinue work on this project. Public Works will provide the engineering estimates for the transportation portion only. The landscaping, sidewalk and other improvements were prepared by Gladding Jackson and we will rely on them for an update on their costs. Issues to Resolve: The questions for City Council at this time include: 1) Define the scope of conversion of one-way or two-way i.e. from University to Argonne, or to include the entire couplet 2) Does City Council wish to pursue the streetscape improvements? 3) Does the Council wish to include a funding measure i.e. a bond issue with the transportation improvements? Schedule: An administrative report to the City Council to discuss this information and other issues as desired by Council has been scheduled for June 29, 2010. Additional discussions can occur on July 6 and July 13, 2010, as needed. First reading of an ordinance authorizing the ballot measure and related funding July 22, 2010. Second reading proposed ordinance authorizing the ballot measure and related funding July 27, 2010. A resolution requesting that Spokane County place this matter on the ballot July 27, 2010. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGETIFINANCIAL IMPACTS: STAFF CONTACT: Mike Jackson ATTACHMENTS JULY 27, 2010 MEETING MATERIALS CITY OF SPOKANE VALLEY Request for Council Action Meeting Date- July 27, 7010 City Manager Sign-off: Item: Check all that apply: ❑consent ❑old business ❑ new business ❑ public hearing ❑information ( ]admin. :eport ❑ pending legislation AGENDA ITEM TITLE: Potential Ballot Measure One-Way vs. Two-Way Sprague) GOVERNING LEGISLATION: Spokane Valley Comprehensive Plan, RCW 36.70A, ROW 39.50 PREVIOUS COUNCIL ACTION TAKEN: Discussion on this issue at the June 29 council meeting. BACKGROUND: This RCA will cover five areas related to the discussion on a potential ballot measure for the one-way versus two-way conversion of Sprague and Appleway Avenues; 1) Cost estimate to convert Sprague Avenue and Appleway Avenue between Argonne Road and University Road from one-way to two-way 2) Cost to develop an engineering level estimate to convert that portion of Sprague Avenue and Appleway Avenue from one-way to two-way between Thierman Road and Argonne Road 3) Overview of the federal funds available for the Sprague/Appleway corridor 4) What the ballot measure could include 5) Minutes from the previous council meetings in which the discussion was held, and a decision was made, on which portions of the Sprague/Appleway corridor would remain one-way, two-way, or converted from one-way to two-way. 1) COST ESTIMATE—SPRAGUEIAPPLEWAY CONVERSION Public Works staff completed a planning level cost estimate to convert the existing one-way streets of Sprague and Appleway Avenues between Argonne Road to University Road, to two way streets. The total estimate is $1.34 million and includes the following issues and assumptions: m All work to be completed between existing curbs; no widening or narrowing of roadway, additional lanes, parking or streetscape improvements as proposed and shown in the approved Sprague &Appleway Subarea Plan • Includes ADA improvements to intersection curb ramps • Includes design and construction inspection/administration work • Traffic modeling to determine intersection level of service (LOS) with the proposed configuration has not been completed. The estimated cost for this effort is approximately $75,000 and would take an estimated 3 months to complete. e Road resurfacing and stormwater system upgrade work not included r Revisions to existing concrete driveway approaches to meet new ADA standards not included Since these roadways are 10+ years old and beginning to deteriorate, it would be prudent to consider resurfacing these roadways prior to making the striping and signal changes. Stormwater upgrades would also be advisable as was done last year on the Sprague Avenue Resurfacing Project from University to Evergreen. The estimated cost of doing this resurfacing and stormwater work would be an additional $1.4 million ($2.7 million total for the conversion and resurfacing combined). 2)CosT ESTIMATE FOR CONVERTING SPRAGUE/APPLEWAY—THIERMAN ROAR TO ARGONNE ROAD The estimated cost to develop a planning-level engineering cost estimate for the conversion of Sprague Avenue and Appleway Avenue from one-way to two-way between Thierman Road and Argonne Road is$150,000. This cost includes the following: ➢ The hiring of a traffic engineering consultant(no staff available for this effort) y Work with SRTC and the new version of the regional traffic demand model to develop future traffic volumes for Sprague/Appleway conversions ➢ Coordinate with, and get approval from, WSDOT for any changes proposed at, and west of Thierman Road ➢ Synchro or VISSIM traffic modeling of all intersection's level of service (LOS) in this segment to ensure acceptable operations ➢ Developing planning-level engineering cost estimate 3)FEDERAL FUNDING AVAILABILITY At the June 29 council meeting, staff briefly mentioned the availability of $4.2 million in federal funding for the Sprague/Appleway corridor. Additional clarification on the availability and use of these funds is provided below. ➢ $4.2M originally for the extension of Appleway Avenue east of University was approved by the SRTC Board in March, 2006. ➢ It may be possible to use these funds for other projects in the corridor provided: o A plan exists showing how all improvements within the Sprague/Appleway corridor fit together in the operation of the overall transportation network (currently the SARP provides this) o The federal environmental process (NEPA) on the extension of Appleway Ave is complete. This would include the development and approval of an Environmental Assessment (EA) or a Documented Categorical Exclusion (DOE) o FHWA approves of the project using these funds o SRTC Board approves the project using these funds o The project is included in the Regional MTP and TIP ➢ Federal funds currentry are not available • Without a new federal six-year Transportation Bill, it is unknown at this time how much federal funding will come to the Spokane Region and when. 4) BALLOT MEASURE- Following the June 29th City council meeting, staff suspended work on a draft ballot measure. However the work provided by bond counsel is provided as an example of a ballot measure. The actual language of a ballot measure would be determined by city council and formally adopted by ordinance. Attached is a copy of a sample ordinance which would authorize the issuance of bonds and approve the ballot language as well as other documents necessary to complete the bond offering. 5) PREVIOUS COUNCIL MINUTES-- The City Clerk has researched past minutes and has provided the attached for council review. OPTIONS: Discussion only RECOMMENDED ACTION OR MOTION: Discussion only BUDGET/FINANCIAL IMPACTS: STAFF CONTACT. Mike Jackson, Steve Worley ATTACHMENTS: Example Ballot Measure: Excerpts from Council Minutes; Exhibits of two- way conversion Consider extension of landscaped raised median from the ex- isting median separating the rail overpass column from travel lanes.Though this is recommended for the two-way conversion of Sprague west of Argonne,the median extension can be imple- mented without impact to flow as the two westbound lanes on the east of the intersection are aligned with the two lanes north of this recommended median. lreiseittariorkrdr •0 am Mar ar �i1111iiil�l Eastbound left turn lanes will not be al- lowed at Mullan to make way for west- bound left turning storage in this lane. Two-way left turn lane transitions into a through lane that will turn left at Argonne (to be used for'advance storage'for this upcoming turn as needed). This lane is not needed for westbound lefts due to one- way flow on Mullan. STAGE 1: SPRAGUE AT ARGONNE AND MULLAN TRANSITIONAL INTERSECTION SKETCH Scale in Feet 25 50 SPRAGUE&APPLEWAY CORRIDORS SUBAREA PLAN Eastbound through lane on north side of median should be closed;all eastbound through movements and right turns should use four existing lanes south of median to match number and alignment of'send- ing'lanes with'receiving'lanes i 4% lililltilir:11 • • STAGE 1: APPLEWAY AT DISHMAN-MICA TRANSITIONAL INTERSECTION SKETCH Scale in Feet 25 50 SPRAGUE&APPLEWAY CORRIDORS SUBAREA PLAN Two-way left turn lane used for ac- cess to north side of Sprague and for cross streets to the south Left-turn storage lane(200 feet of storage) Curb extension used to separate parking from right turn lane Left-turn storage lane(200 feet of storage) 111111111111111111 iuill BOULEVARD ACCESS LANES:The Cor- ridors Master Plan recommends street sec- tions where the boulevard access lane on the south side of Sprague continues into intersections with cross streets(as shown in the inset to the right).For the ends of the boulevard section,especially in transi- tional intersection treatments,an alterna- tive design for the access lanes(shown in the main drawing)would bring access lane traffic back onto the Sprague mainline in advance of the intersection,reducing po- tential conflicts. STAGE 2: SPRAGUE AT UNIVERSITY FINAL INTERSECTION SKETCH Scale in Feet 25 50 SPRAGUE&APPLEWAY CORRIDORS SUBAREA PLAN Left-turn storage for vehicles should be taken from the median. If 42'medians are used,left turn storage should consider lanes of no more than 10 feet as not to require curves on rail track. Left turn storage lanes should not be added at intersections where rail station platforms are located if42'medians are used. If transit is not constructed and trails are used in the Appleway me- dian,consider using textured treatment(pavers or textured surface) to continue alignment of pedestrian trail through the intersection. ' 111_11 i1NIIIiiet `.4 Ir =sar .111-c.-::� � ��~� s !I lam"• 'i4� �\ . ; I CI► ii.1:i■ it ,1:304.,•. 1 a' 4111111111W111 I " � a �lr , ,,,,r' rr i E �M 0/ "1'.... .-11r. I 11 STAGE 2: APPLEWAY AT UNIVERSITY FINAL INTERSECTION SKETCH Scale in Feet 25 50 SPRAGUE&APPLEWAY CORRIDORS SUBAREA PLAN l Sprague-Appleway Couplet Conversion Evaluation - Argonne to University Phase 2 - Traffic Analysis with SRTC Traffic Demand Forecast* *SRTC 2030 Base Model with HDR Adjustments August 15, 2011 HDR Engineering Purpose of the Study • Phase I : Identify fatal flaws in the traffic operations using existing and rough 2030 traffic volumes (Discussed at July 12 meeting) . • Phase II Take a refined analysis on the impacts and potential mitigations (SRTC Travel Demand Modeling*) . *SRTC 2030 Base Model with HDR Adjustments Study Area Sprague-Appleway Couplet ( Argonne to University) Phase 2 Scenarios One-Way Couplet Operation (Couplet) : Future Traffic Demand (2030) Using SRTC Travel Demand Model* Two-way Street Operation (Two-Way) : Future Traffic Demand (2030) Using SRTC Travel Demand Model* *SRTC 2030 Base Model with HDR Adjustments Traffic Growth Historical Growth along corridors (Sprague east of University as an example). -Traffic varies year by year -Traffic decreases after 2004. SRTC Model in the Study Area 2008 Base Model 2030 Future Model About 1.5% annual growth for overall intersections in downtown Traffic varies by intersections between couplet and two-way scenarios. Sprague east of University Year Daily Count 1980 22,800 1983 23,000 1986 24,800 1994 28,800 1997 29,400 2003 25,600 2004 26,100 2008 22,000 2010 21,200 2030 w/ 1.5% growth 28,553 2030 w/ 2% growth 31,502 Phase II - 2030 Traffic Operations Results Intersection Level of Service Comparison Intersection Name Sprague & Argonne Sprague & Mullan Sprague & Farr Sprague & University Appleway & Dishman-Mica Appleway & Farr Appleway & University Couplet 2 o3o AM Peak Demand 2030 PM Peak Demand B B A B A B B D B Two-Way 2030 AM Peak Demand 2030 PM Peak Demand B B A C B B B C D City of Spokane Valley LOS Standard = "LOS D" Couplet vs. Two-Way ( 2030) Arterial Travel Time Comparison ( minutes) Arterial Name (Direction/Length) (From » To) Appleway (Eastbound / 0.95mi) (Dishman-Mica » University) Appleway (Westbound / 0.95mi) (University » Dishman-Mica) Sprague (Eastbound / 1.0mi) (Argonne »University) Sprague (Westbound/ 1.0mi) (University » Argonne) Couplet 2030 AM Peak Demand (minutes) 2.0 Not Applicable Not Applicable 2.6 2030 PM Peak Demand (minutes) 2.1 Not Applicable Not Applicable 2.7 2030 AM Peak Demand (minutes) 2.1 2.2 2.1 2.6 2030 PM Peak Demand (minutes) 2.1 3.0 3.1 2.5 7 Intersection Geometry Sprague & Argonne Sprague & Mullan Sprague & Farr Sprague & University Appleway & Dishman-Mica Appleway & Farr Appleway & University Sprague & Argonne QSyndrro 7-O 1-SVC-...\5prague-Appleway Couplet PM 2030-No Build-SRTCSyn Lie Edit Transfer Options lElpirrnoe Help pl r -i- v ra Sprague 18500 7,103 O Synchro 7-TA1-SVC-Ph2/Sprague-Appleway Couplet PM 2030-Build-SRTC.syn File Edit Transfer 02tions 508000 Help JJJ pl ass 1 Inone Sprague I 8 IMI VP 7 o E DST b® IJ 18,4331 7,154 Existing Proposed 9 Sprague & Mullan O Synchro 7-C:\1-SVC-_\Sprague-Appleway Couplet PM 2030-No Build-SRTC.syn Elle Edit Transfer options 1IaMa.I 1 (Optimize Help JJJ 1 117 I I-1-- M Sprague, 7 t_ i 18,866 7,1161 Existing QSynchro 7- 1-SVC-Ph2‘Sprague-Appleway Couplet PM 2030-&wild-SRTC.syn File Edit Transfer Options Optimize Help JJJ pl {i1 �+I Inone 1 Sprague1" (D. 'S F-(3gy tos q• 'Cu 2 VB Tif,DST b® IJ bbb r r C 2 1 18,8171 7,144 Proposed 10 Sprague & Farr ■Synchra 7-C:1,1-SVC-...\5prague-Appleway Couplet PM 2030-Bo Build-SRTC.syn Poe Edit Transfer 02tions Qptimize delp JJJ T1C I'a�llll hnne LL Sprague L U- a bgy Los ICU rn 4-i VB 20,4821 7,167 Existing O Synchro 7-C:\1-511C-Ph2\5prague-Appleway Couplet PM 2030-Build-SRTC.syn Ede Edit Transfer 02tions g5timl Help JJJ Click to start dragging map Enone i ICU VB I1 b66 20,3491 7,186 Proposed 11 Sprague & University O Synchra 7-C:\1-511C-.../Sprague-Appleway Couplet PM 2030-No Build-SRTC.syn File Edit Transfer Cations r1611r I -d ry 1i1 1 too Sytimize Help JJJ 'AN ;x1 1—inone Sprague rn 8 (7 g,LOS DI 'Cu 1-z 8 DST (NOB Sprague, (Click l start dragging map. 23,8111 7,137 Existing •Synchro 7-C:\1-5VC-Ph2iSprague-Appleway Couplet PM 2030-guild-SRTC-syn Fie Edit Transfer Options Optimize Help JJJ 23165 7,236 Proposed • Appleway & Dishman - Mica O Synchro 7-C-\1-SVC-.../Sprague-Appleway Couplet P11 2D30-1510 Build-SRTC.syn File Edit Transfer Cations OPtmize Help JJJ (Click to start dragging map. 18,9411 6,450 Existing QSynchro 7-CA1-SVC-Ph2\Sprague-Appleway Couplet PM 2030-Build-SRTC,syn Proposed 13 Appleway & Farr 0 Synchro 7-C:\1-5VC-...\5prague-Appleway Couplet P11 2030-NO Build-SRTC.uyn File Edit Transfer Options Optimize 81018 20591 6,159 Existing QSynchro 7-CA1-5VC-Ph2\Sprague-Appleway Couplet PM 2030-Build-SRTC.syn File Edit Transfer Options Optimize Help JJJ $f+ bob Vick to start dragging map. 20,4871 6,358 Proposed 14 Appleway & University O Synchro 7-C'.A1-5VC-...\5prague-Appleway Couplet P11 2030-1lo Build-SRTC.syn Eile Edit Transfer Options oytimize Help B® ® g nI- ....�o g CAa5 pl none IClick to start dragging map. 11 rn 8 (1 Lus 'Cu VB 21738 6,372 Existing OSynchro 7-C:1.1-SVC-Ph2\Sprague-Appleway Couplet PM 2030-Budd-SRTC.syn JJJ FM Cr. Q r_.s Op,Los 8 t i VB DST b®b®h tJ NI, aA„ q ICu rn $u 23,7821 6,291 Proposed 15 Findings For both the Couplet and the Two-Way network, the intersections will function at level of service D or better in 2030 based on the traffic analysis. The Two-Way network will function slightly worse than the Couplet in 2030 based on the traffic analysis. No fatal flaws were found using the volumes from the SRTC Travel Demand Model*. No additional right-of-way required based on traffic operational needs. Signal timing should be designed or adjusted to achieve the optimal performance of the proposed street network for 2030. *SRTC 2030 Base Model with HDR Adjustments Revised Preliminary Cost Estimate Conversion to z-way. Includes striping, signals, ADA Upgrades. $2.1 million Repaving and Stormwater Upgrades. $1.9 million Landscaping , curbs, sidewalks and multi-use pathway. $i million to $3 million depending on level of work. Questions ? CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 15, 2011 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Sign Regulations Review GOVERNING LEGISLATION: SVMC Chapter 22.110 Signage Regulations PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: On July 5, Staff presented an overview of both the City's sign and landscaping regulations. At the conclusion, Council requested that the sign regulations be examined. The attached memo provides information to the City Council regarding the current sign regulations applicable to the city's non-residential zoning districts, and compares the regulations to the adjacent jurisdictions of City of Spokane and Liberty Lake. The information reviewed compares prohibited signage, permit requirements, sign standards, and planning review fees. The purpose of the review is to assist the City Council to determine if sign code revisions should be initiated. OPTIONS: Council Direction RECOMMENDED ACTION OR MOTION: N/A BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Lori Barlow, AICP-Senior Planner ATTACHMENTS: Memo dated August 4, 2011 to City Manager Sign Regulations Comparison Tables Powerpoint Spoka•R ne From the Community Development Department 4i...0 Valley Interoffice Memorandum To: City Manager Mike Jackson; Community Development Director John Hohman; Planning Manager Scott Kuhta From: Lori Barlow,Senior Planner CC: Mayor and Councilmembers Date: August 4,2011 Re: Sign Regulations Comparison Review This memo provides information to the City Council regarding the current sign regulations applicable to the city's non-residential zoning districts, and compares the regulations to the adjacent jurisdictions that include the City of Spokane and Liberty Lake. The information reviewed compares prohibited signage, permit requirements, sign standards, and planning review fees. The purpose of this review is to assist the City Council to determine if sign code revisions should be initiated. Review Overview Chapter 22.110 Sign Regulations of the Municipal Code regulates permanent, temporary, and portable signs. The Chapter addresses all aspects of signage including signs in both residential and non-residential areas, prohibited signs, general regulations, location and setbacks, permitting requirements, sign area calculations, billboards, non-conforming signs, and maintenance. The information provided in this memo does not consider regulations applicable to signs in residential zones, master sign plans, aesthetic corridors, nonconforming signs, or billboards. Instead, the focus is on the most common sign types and relevant regulations that affect local businesses. All referenced information is contained in the attached tables. Summary Conclusions Based on the comparison of the code requirements reviewed for the three jurisdictions, the following general conclusions can be made: 1. The City of Spokane Valley is fairly consistent with the adjacent jurisdictions in the types of signs that are prohibited. One significant difference is that the City of Spokane and Liberty Lake either allow, or are processing a code text amendment to allow, sandwich boards or A- frame Signs. Memo to City Council Sign Comparison Memo August 4,2011 Page 2 of 5 2. The City of Spokane Valley requires fewer temporary sign permits than Liberty Lake, but more than the City of Spokane. Spokane only requires temporary sign permits on a few select temporary signs. 3. The City of Spokane Valley provides the most generous wall sign area allowance out of the jurisdictions compared. 4. Spokane Valley allows freestanding signs in all non-residential zoning districts if standards are met. The City of Liberty Lake and Spokane limit the zoning districts that allow freestanding signs. 5. With the exception of temporary signs, planning review fees charged by the City of Spokane Valley are consistent with the City of Spokane, and less than the City of Liberty Lake. 6. Spokane Valley is the only jurisdiction out of the three compared that charges a fee for temporary signs. Prohibited Signs Prohibited signs are those signs that are not allowed under any circumstances within each jurisdiction. Table 1 (see attached) identifies the signs prohibited within each jurisdiction. As noted in the general conclusions, Spokane Valley is less restrictive than Liberty Lake, and fairly consistent with Spokane when comparing the sign types that are prohibited. All jurisdictions prohibit flashing signs, portable signs, signs on vehicle trailers, and off-premise signage. Spokane allows A-frame signs, if criteria are met, and Liberty Lake is currently considering a comprehensive plan amendment that would allow A-frame signs. Currently Liberty Lake only allows A-frame signs for real estate purposes, such as open house advertising. Spokane Valley allows electronically changeable message signs, roof signs, video boards and temporary inflatable signs. Liberty Lake prohibits those sign types, and Spokane allows roof signs in the CBD zone. Permits Required Staff also compared the jurisdictions to determine which sign types require permits (See Attached Table 2). Generally speaking, jurisdictions have two types of sign permits: A Sign Permit, which is a building permit, is required for all permanently mounted signage. A Temporary Sign Permit is required for signs intended to be temporarily displayed and then removed, and generally not constructed of long lasting materials. Temporary Signs are approved over the counter by Spokane Valley staff. Each jurisdiction differs in the type of sign that require permits, with one exception; all jurisdictions require a sign permit for any permanently mounted signs. Signs that require a building permit include wall signs, freestanding or pole signs, and monument signs. Memo to City Council Sign Comparison Memo August 4,2011 Page 3 of 5 The requirement for temporary sign permits varies greatly from jurisdiction to jurisdiction. Liberty Lake requires a temporary sign permit for almost all forms of temporary signs, including real estate and political signs. However, staff at Liberty Lake indicated that at this time due to staff cuts, this requirement is often not enforced. The City of Spokane does not require temporary sign permits for any type of temporary signage. The City of Spokane does have code sections that identify standards associated with most categories of signage including real estate and political signs. The one exception to the "No Permit Requirement" is that A- frame signs require that notice be provided to the city, which includes, among other items, written acknowledgement of the requirements applicable to the sign use. Spokane Valley requires a temporary sign permit for all types of temporary advertising signage that include banners, pennants, flags and streamers with copy, inflatables and other types of special event signage. In comparison to Liberty Lake, Spokane Valley does not require temporary sign permits for signage not geared toward sales, such as pennants and streamers without copy, political signs, or flags. None of the jurisdictions require permits for directional signs or name plates so long as they remain within the limits noted per jurisdiction. Table #2 identifies the sign type and notes if a permit is required by the individual jurisdiction. Comparison of Standards (Area,Height,Number of Signs Allowed) The standards for all sign categories were reviewed(See Attached Tables 3 and 4). The review compared maximum sign area, number of signs allowed, and height standards when applicable. The review of Temporary Signs included the same standards, but also took into consideration any time periods associated with their display. The comparisons are discussed below. Permanent Signs: The three categories of permanent signs are Wall Signs, Pole Signs and Monument Signs. This discussion considers the individual sign categories separately. (See Attached Table 3) Wall Signs: The City of Spokane Valley allows up to 25% of the wall area as the maximum wall sign area. This is the most generous allowance out of the jurisdictions compared, which limit the maximum area to either 10% or 15%. All jurisdictions apply the wall sign area standard uniformly in that persons may have as many signs as they choose, so long as the area does not exceed the maximum area allowed. Wall sign area allowed has not been an issue for Spokane Valley. Freestanding Signs: It is difficult to compare freestanding sign standards between jurisdictions. This is because Spokane has many commercial zoning districts with different standards applicable. Generally, all jurisdictions allow a minimum of 1 Pole sign per parcel in the districts that allow Pole Signs. Spokane Valley allows 1 sign per arterial frontage; Liberty Lake only allows Pole Signs on properties along the I-90 corridor. Spokane allows pole signs in most commercial zones, except CC 1 and CC4 zones, and all Industrial zones and allows signs based on lineal frontage, i.e. 1 sign per 300 linear frontage. Height limits for all three jurisdictions generally range from 20' to 40' with higher limits ranging from 50' to 60' established for freeway areas. Spokane Valley allows 30' for single business, with additional height for multi-business complexes. Maximum area allowed per sign varies considerably Memo to City Council Sign Comparison Memo August 4,2011 Page 4 of 5 since different allocation standards are utilized. Spokane Valley allows 100 to 200 square feet for single business, and 250 square feet for freeway and multi-business complex. Spokane bases the area allowed on linear frontage and number of businesses not to exceed 150 square feet,with the exception of their CBD area where 250 square feet is allowed. Monument Signs: The review indicates that Monument Signs are allowed in all commercial and industrial zoning districts per jurisdiction. The number of signs allowed varies from 1 per parcel, 2 per street frontage, or 1 per building. Liberty Lake allows minimally 1 monument sign in addition to a pole sign in the freeway areas. Spokane Valley limits the monument signs to the maximum number of signs allowed for either Pole signs or monument signs. The area allowed varies from as little as 15 square feet in Spokane, to up to 90 square feet in Spokane Valley. Spokane Valley and Liberty Lake provide additional area for multi-business complexes that range from 75 square feet up to 150 square feet. Spokane Valley allows the greatest area for single business and multi-business complexes. Temporary Signs: The most common type of Temporary Signs are banners, pennants, flags, streamers, inflatable or balloon signs, real estate signs, political signs, construction signs, and A-frames. Each jurisdiction regulates the signs through different classifications. For example, Spokane Valley calls out banners as a separate temporary sign type, while Spokane only allows banners as part of grand opening or special event signage. Both Spokane and Liberty Lake have detailed regulations for real estate, construction, and political signs. However, regulation of these sign types has not been an issue for Spokane Valley, and therefore the discussion will focus on banners, pennants, special event signage and A-frame signs. Table 4 identifies the area and time limits associated with the temporary signs discussed(See Attached Table 4). Banners: Spokane Valley allows banners for a 30 day period, twice per year, compared to a single 30 day period in the other jurisdictions. Spokane and Liberty Lake only allow banners associated with grand openings or special events. Liberty Lake has a maximum area of 75 square feet. The other jurisdictions do not. Pennants, flags, and streamers: Spokane Valley allows this signage to be displayed for up to 60 days, twice per year. The 60 days for pennants, flags, etc, is in addition to the 30 days for the banners, and special event signage allowance. Spokane and Liberty Lake only allow this signage in association with grand openings or special events. Special Event Signage: As noted above, Spokane and Liberty Lake allow temporary signage when associated with grand openings and special events. Both jurisdictions allow 30 days to display the signage. Other parameters on special event signage include area limits ranging from 20— 75 square feet of signage, and height limits for balloon signs not to exceed 25'. Spokane Valley allows special event signage for 7 day periods, 4 times per year, with no limits on number of signs, or sign area. Memo to City Council Sign Comparison Memo August 4,2011 Page 5 of 5 A-frame or Sandwich Board Signs: Spokane Valley does not allow this type of signage. Currently regulations in Liberty Lake allow this signage type only for real estate purpose. The height limit is 3' and maximum area is 5 square feet. Spokane allows sandwich boards if certain criteria are met including hours of use and placement within 12' of the business entrance. Sign area is limited to 9 square feet and 3' height. As previously mentioned Spokane does not require temporary sign permits. However, a sandwich board sign does require notification to the city and an acknowledgement of the applicable rules. Fee Comparison The last item reviewed is the Planning Fees charged by each jurisdiction (See Attached Table 5). Planning Fees are separate from the Building Permit Fees charged for permanent signage, which are based on sign valuation. Planning Review Fees for permanent signage ranges from $50.00 up to$115.00. Both Spokane Valley and Spokane charge a flat$50.00 planning review fee, while Liberty Lake's planning fees range from $75.00 up to $115.00. Spokane Valley is the only jurisdiction that charges a planning review fee for Temporary Signs. The fee is $50.00. Table 4 identifies the fees charged by each jurisdiction for the various sign types. Please let me know if you would like additional information. Sign Regulations Comparison Tables Table 1 Prohibited Signs By Jurisdiction Sign Type Spokane Liberty Spokane Valley Lake Flashing Signs 0 Q Q Portable Signs (includes El El except A-frame signs are readerboards and A-frame signs) allowed for real estate purposes>than 6 sq.ft.** Signs on Vehicle Trailers 0 Q Q Billboards—(Note-Existing 0 Q Billboards are non-conforming and allowed to remain) Off Premises Signs El Q** Q Electronically changeable Q message signs (freestanding) Roof signs Q Allowed in the CBD zone only. Video Boards Q Inflatable Signs or permanent Q El Note: Permanent Balloon balloon signs signs not allowed. Temporary inflatable signs only. ** Note: The City of Liberty Lake is currently processing a code text amendment that would allow A- frame signs up to a maximum of 3' height and 6 sq. ft. of area and is also addressing off premise signage. 1 Sign Regulations Comparison Tables Table 2 Sign Permits Required by Sign Type and Jurisdiction Sign Type Spokane Liberty Spokane Valley Lake Wall Signs El El El Free Standing or El El El Pole Signs Monument Signs El El El Banners (Temporary Sign) EFTS EFTS NR Pennants, flags, and streamers EFTS EFTS NR with copy Special Event Signage (including EFTS EFTS NR search lights & inflatables) Temporary Commercial Signs ( i.e. NR EFTS NR Construction, for sale or lease) A-Frame Signs or Sandwich Boards Prohibited EFTS NR— However notice to the City is required acknowledging the requirements Electronic Signs El Prohibited El Official Signs NR NR NR National and State Flags; NR NR NR Flags of political subdivisions; Symbolic flags of non-profit institutions Notice Signs; Legal Notices NR NR NR Pennants and Streamers w/o NR EFTS NR advertising copy; Barber Poles: Seasonal Decorations associated w/ national, local or religious holiday Political signs for candidates or NR EFTS ballots Name Plates<4' sq. feet in area NR NR NR < 2 sq. ft. Directional Signs<4' sq. feet in NR NR NR <3 sq. ft area TS =Temporary Sign Permit NR = Not Required 2 Sign Regulations Comparison Tables Table 3 Location and Height Requirements for Permanent Signs in Commercial Zones Comparison by Jurisdiction Spokane Valley Liberty Lake Spokane Wall Signs Number per No limit- may not No limit- may not exceed wall exceed maximum maximum area (except in the CC4 area district) Area 25%of wall area per 1 sq. ft./10 sq. ft. of wall up 1.0- 1.5 sq. ft. per 1 ft. of primary building to a max. of 150 sq. ft.; 1-90 bldg wall or 15%of the primary properties -300 sq. ft. max.; building wall whichever is greater; Director may increase wall CC2 and CB(2) allow 1.5 sq.ft. of area allowance if no other primary bldg wall if no signage is proposed. freestanding signage exists Max. area None 150 sq. ft; 300 sq. ft. in 1-90 15 sq. ft in CCR; 50-100 sq. ft other per sign properties. zonesic; and 250 sq. in CBD zones Free Note: a combination Only allowed along 1-90 Note: Free-standing signs are not Standing of free-standing and corridor. (M-2, C-2, P zones) allowed in all commercial zones - in Signs monument signs may Design standards apply. that case a monument sign is allowed. not exceed the limit per Note: freestanding signs are not parcel of either sign allowed if a projecting sign already type. exists or wall signage exceeds 1 sq.ft. to 1 ft. of building wall. Number per 1 per arterial street 1 freestanding if along 1-90 Varies by zone district: 1/arterial parcel frontage corridor and 1 monument street frontage; or 1/300 ft of sign along access street per arterial street frontage and 1 for parcel for single business each additional 300 ft of frontage. Height Single Business 30' Varies by zone district: 20-35'; 60' Multi-Business 40' 30' in CBD-5 zone; No height Freeway 50' allowance for multi-business sites. Area Single Business - 100 1 sq. ft. per 1 ft. of arterial or local sq. ft. or 200 sq. ft. 150 sq. ft.—250 sq. ft. street frontage; or 50 to 75' with for lots with > 100' an additional 25 sq. ft. for each of frontage additional business not to exceed Multi-Business and 150sq. ft.; 250sq. ft. in CBD, GC, Freeway - 250 sq.ft. and Industrial zones Monument Note:the total of free- Only allowed in M-1, M-2, Note: Monument Signs are not Signs standing and monu- M-3, C-1, C-2, 1, P, 0 zones allowed if a projecting sign already went signs may not exists or if wall signage exceeds 1 sq. exceed the limit per ft. to 1 ft. of building wall. parcel of either sign type. Number per 2 per street frontage Single Business— 1/parcel; Varies by district- 1 per building or parcel Multi Bus.— 1/street frntage 1 per arterial street frontage Height Single Business -7' 8.5' 5' Multi-Business - 7' Area (sq.ft.) Single Bus. 90 sq ft. Single Business -50—75' Varies by district- 15-50 sq. ft Multi-Bus. 150 sq.ft. Multiple Business -75-100' 3 Sign Regulations Comparison Tables Table 4 Temporary Sign Location and Height Requirements in Commercial Zones Comparison by Jurisdiction Spokane Valley Liberty Lake Spokane Banners 30 days per year; Banners, pennants, flags, and Banners, pennants, 1 renewal streamers are all regulated flags, and streamers are allowed the same. only allowed in Pennants, flags, and 60 days with 1 - 30 days per year and associated with Grand streamers renewal or an 75 sq. ft. maximum; Opening Displays or annual 75 day except properties in I- Special Event Signage. permit 90 corridor allowed See Below: 150 sq. ft. maximum. Special event signage 7 days duration; See above Grand Opening not more than 4 Displays: 30 days prior special event to event—no maximum permits per year area or height limits. Special Event: 30 days prior- limited to 20 sq. ft. area maximum with no height limits. Balloon signs: limited to 30 days—2x year; Vertical height limit is 25' and no max.iarea Temporary on-premise Construction Construction Sign: 1 Construction Signs: commercial signs Signs: 16 sq. ft. sign/construction site, limited commercial zones - max area and to 32 sq.ft. and 6' height; limited to 32 sq. ft. and limited to 7' in Real Estate Wall Signs: area 10' in height height; no TS limited to 1 sq. ft./ 10 sq. ft of Real Estate Signs— permit required wall. Limits range generally Real Estate Free-standing from 1 per street signs frontage up to 5 sq. ft. Real Estate Free-standing and 7' height; signs (Commercial): 1 sign/frontage; 16' sq. ft. area max. 6' height max. A-Frame or Sandwich Not Allowed Currently allowed only for One Sign per business- Board Signs real estate uses i.e. Open Limited to 9 sq. ft. area Houses; Proposed rules and 3' height; displayed would allow A-board signs up during business hours; to 6' sq. ft. area and 3'heght located within 12' of for limited commercial uses. entrance Permanent Banners Allowed; included in total square footage of permanent signage consistent with projecting signs and fascia 4 Sign Regulations Comparison Tables Table 5 Comparison of Planning Sign Fees by Jurisdiction and Sign Type (Does not include Building Permit Fees) Sign Type Spokane Valley Liberty Lake Spokane Wall Signs $50.00 $75.00 $50.00 Free Standing Signs $50.00 $115.00 $50.00 Monuments $50.00 $115.00 $50.00 Temporary Signs $50.00 No Fee No Fee— No Permit Required 5 Sign Regulations Review City Council August 15 , 2011 Comparison of the Spokane Valley Municipal Code Sign Regulations to Liberty Lake and Spokane P . ` Department of Community Development Planning Division ITYHA L LCD?S POICA N F'; Sign Review Overview Items Reviewed Prohibited Signage Permit Requirements Is a Permit required? Sign Standards Area, Height, # of signs allowed Planning Review Fees Items NOT Reviewed ❑ Signs in Residential Zones ❑ General Regulations Maintenance, Lighting, Sign Area Calculation, etc. ❑ Location Standards ❑ Master Sign Plans ❑ Aesthetic Corridor Regs ❑ Non-conforming Signs ❑ Billboards CITYHALL@SPOICANF`% Department of Community Development Planning Division Prohibited Signs By Jurisdiction iijn TType Flashing Signs Portable Signs (includes readerboards and A-fra signs) Signs on Vehicle Trailers Billboards Off Premises Signs Electronically changeable message signs Roof signs Spokane Liberty Spokane Valle; ' ai« " Video Boards Inflatable Signs or permanent balloon signs ErA-frame's allowed for real estate purposes Allowed in CBD zone Temporar inflata • - igns only. rn crtkane� 411 CITYHALL@SPOICANF`% Department of Community Development Planning Division Sign Permits Required — Permanent Signs Spokane Valley Liberty Lake Spokane Wall Signs Free Standing or Pole Signs Er Er Monument Signs Er Note: Building Permits are required for all permanently mounted signs. Special Event Signage (including inflatables rn crt���y � Planning Division ITYHALaSPOICANF`% Department of Community Development 60.011111 Sign Permits Required — Temporary Signs Spok:Ane i. erty Spokane alley a ke Banners Pennants, flags, streamers w/ copy Temporary Commercial Signs ( i.e. Construction, for sale or lease) CATS OTS CATS CATS NR A-Frame Signs or Sandwich Boards \rohibited CATS CATS N R N R N R N R N R CITYHALLCD?SPOKANF'; r, �.. Department of Community Development Plannin g Division Sign Permits Required — Temporary Signs ■ eye _-- T- -- - �-- - �----- - � ��- - -�- - �-- - �----- - • Official Signs R NR NR National & State Flags; Flags of NR NR NR political subdivisions; Symbolic lags of non-profit institutions Notice Signs; Legal Notices N R N R N R Pennants and Streamers w/o NR CATS NR advertising copy; Barber Poles: Seasonal Decorations associate w/ national, local or religious holiday Political signs R IZI TS CITYHALLD?SPOKANF'; SO r, ne Department of Community Development Plannin g Division Location and Height Standards — Wall Signs # per wall Area (in sq. ft.) Spokane Valle No limit Liberty Lake 1 per building 25% of 1 sq. ft./10 wall area sq. ft. per building Max. None area per sign 150 sq. ft; 300 sq. ft. along I-90 No limit - except in the CC4 zone 1.0 - 1.5 sq. ft./ 1 ft. of wall area or 15% of wall area; 15 sq. ft in CCR; 50-100 sq. ft other zones; and 250 sq. in CBD zones rn crtkane� 411 CITYHALL@SPOICANF`% Department of Community Development Planning Division Location and Height Standards — Freestanding Signs Spokane Valley Liberty Lake # per 1 /arterial 1 pole sign for I-90 Varies: 1/arterial street parcel street corridor and 1 frontage; or 1/300 ft of frontage monument sign frontage and 1 for each on access street additional 300 ft of frontage. Height 30' - 40' Varies by zone district: 20-35'; or 50' 30' 60' in CBD-5 zone; Area 100 - 150 sq . ft. — 250 1 sq . ft. / 1 ft. of street (sq. ft.) 200 sq. ft. sq. ft. frontage; or 50 to 75' plus 25 Or 250 sq. ft. for each business not to sq .ft. exceed 150sq . ft.; 250sq . ft. in CBD, GC, and Industrial zones CITYHALLD?SPOKANF'; SO r, ne Department of Community Development Plannin g Division Location and Height Standards — Monument Signs Spokane Valley # per 2 per street parcel frontage Liberty Lake 1/parcel 1; 1/street frontage2 Varies by district - 1 per building or 1 per arterial street frontage Height 7' 1 and 2 8.5' 5' Area 90 sq ft. 1 (sq. ft.) 150 sq.ft. 2 50 — 75' 1 75-100' 2 Varies by district - 15-50 sq. ft 1 = Single Business ; and 2 = Multi-Business Complex J CITYHALL@SPOICANF`% Department of Community Development Planning Division Standards — Temporary Signs Sign Type Spokane Valley Liberty Lake Banners 30 days per year; 1 renewal allowed Pennants, flags, and streamers 60 days with 1 renewal; or an annual 75 day permit Both Types Sign Regulated the same. - 30 days/ year & 75 sq. ft. max; except in 1-90 corridor 150 sq. ft. Max allowed Both Sign Types Only allowed if associated with Grand Opening Displays or Special Event Signage. CITYHALL@SPOICANF`% Department of Community Development Planning Division 1 Standards — Temporary Signs Sign Type Special event signage Spokane Valley 7 days duration; not more than 4 special event permits per year Liberty Lake No special allowance for special event signage — regulated as banners, pennants, flags, and streamers Grand Opening Displays: 30 days prior to event — no area or height limits. Special Event: 30 days prior - limited to 20 sq . ft. area with no height limits. Balloon signs: limited to 30 days — 2x year; Vertical height limit is 25' and no area maximum CITYHALL@SPOICANF`% Department of Community Development Planning Division Standards — Temporary Signs Sign Type A-Frame or Sandwich Board Signs Permanent Banners Spokane Valley Liberty Lake Not Allowed Allowed if permanently affixed . Allowed only for real estate uses i.e. Open Houses One per business - 9 sq. ft. area and 3' height; displayed during business hours; located within 12' of entrance Allowed; included in total square footage of permanent signage consistent with projecting signs and fascia rn crtane� CITYHALL@SPOICANF`% Department of Community Development Planning Division Planning Sign Review Fees Wall Sig, is Free Standing Si s Monuments '.'7, 0 $115.00 Temporary signs $50.00 No Fee No Fee — No Permit Required CITYHALL@SPOICANF`% Department of Community Development Planning Division Conclusions — Signs prohibited by COSY are fairly consistent with adjacent jurisdictions - Except A-frame Signs are allowed. COSY requires fewer temporary sign permits than Liberty Lake, but more than Spokane COSY provides the most generous wall sign area allowance out of the jurisdictions compared. COSY allows freestanding signs in all non-residential zoning districts if standards are met. Liberty Lake and Spokane limit the zones that allow freestanding signs. Except for temporary sign fees, planning review fees charged by COSY are consistent with Spokane, and less than Liberty Lake. COSY is the only jurisdiction out of the three compared to charge a fee for a temporary sign permit rn crtkane� CITYHALL@SPOICANF`% Department of Community Development Planning Division Questions? CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 15, 2011 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Ballot guidelines for elected officials and City staff. GOVERNING LEGISLATION: RCW 42.17, Public Disclosure Commission Interpretation 04-02. PREVIOUS COUNCIL ACTION TAKEN: None. BACKGROUND: Staff put together the attached memorandum regarding what local elected officials and staff are permitted to do in relation to a pending ballot measure. This memorandum is intended to identify the full range of options under state law, and is not intended to be a statement of what the City of Spokane Valley staff or elected officials may or may not do for any specific ballot measure. OPTIONS: NA RECOMMENDED ACTION OR MOTION: NA BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: Memorandum dated August 10, 2011 regarding appropriate conduct in pending ballot measures by elected officials and staff. OFFICE OF THE CITY ATTORNEY SiÔIthe CARY P.DRISKELL—CITY ATTORNEY Valley 11707 East Sprague Avenue Suite 103 . Spokane Valley WA 99206 509.720.5105 + Fax: 509.688.0299 f cityattorney®spokanevalley.org Memorandum To: Mike Jackson, City Manager From: Cary Drisk�el,_l City Attorney; Jeana Poloni, Legal Intern C CC: City Council Date: August 11, 2011 Re: Appropriate conduct for elected officials and City staff related to ballot issues Question Presented: • What is the appropriate involvement for City employees and elected officials with ballot issues? Brief Answer: The following guidelines must be adhered to by City employees with regard to any ballot issue: Employees in their official capacities: • Prior to placing the measure on the ballot, staff may send out questionnaires and conduct focus groups and workshops related to the consideration of the proposition including demographic questions to determine the community's priorities for and perceptions of City programs and facilities. • May make fair and objective factual presentations and speeches and respond to questions about the ballot measure. • Are prohibited from authorizing the use of City facilities for the promotion of a ballot measure, unless such facilities are generally made available on an equal access, nondiscriminatory basis, and it is part of normal and regular activity. Facilities include but are not limited to: telephones, voicemail, postage, computers, City email accounts, machines and equipment, use of City employees during work hours, City vehicles, and office space. The following guidelines must be adhered to by elected officials with regard to any ballot issue: 1 • Council may collectively decide to support the ballot measure, but only at a properly noticed public meeting where opponents of the measure are given an equal opportunity to express their views. • On their own time, Councilmembers may campaign for, donate funds to, and make statements in support of the ballot measure so long as no City equipment, vehicles, or facilities are used in these activities (including using Spokane Valley phones, voicemail, and email to send messages). Councilmembers may use their title while participating in these activities, but must clarify that their participation is not on the behalf of the City. • Council is prohibited from including the passage of the proposition in the City's annual goals. • Councilmembers may not pressure the City Manager or employees to participate in campaign activities. Analysis: The guiding statute on this issue is RCW 42.17.130 and is attached to this memo as "Exhibit A." The WACs interpreting RCW 42.17.130 provide additional guidance, and are attached to this memo as "Exhibit B." The Public Disclosure Commission (PDC) established guidelines to be followed by staff and elected officials in Interpretation Number 04-02 and is attached to this memo as "Exhibit C." Below is a list of permitted and prohibited activities for City employees and Council regarding the ballot issues. Employees • Activities that are "part of the normal and regular conduct" of City employees are allowed. Normal and regular conduct is conduct that is lawful, i.e., specifically authorized and also usual. While informational fact gathering and publication are allowed if part of the normal and regular conduct of an employee, any publication produced by employees that is deviant from or in addition to usual practices is prohibited. • Prior to placing the measure on the ballot, City employees may send out questionnaires and conduct focus groups and workshops related to the consideration of the proposition including demographic questions to determine the community's priorities and perceptions, and to inform residents about City facilities and the total costs associated with them. It must be clear, however, that the research is being conducted with the purpose of gathering the facts, is directly related to the ordinary conduct of the City (is "normal and regular" for the City), and is not designed to support the ballot measure. Registered voters or other specific subgroups of the City may not be targeted in conducting this research. • Employees may speak at community forums and clubs to present an objective and fair presentation of the facts, costs, and anticipated impacts of the proposition during regular work hours or respond to question regarding the proposition. Staff may use City equipment including projectors and computers to prepare and deliver these presentations. 2 • Staff may place window signs or bumper stickers in support of the proposition on their personal cars. These stickers or signs may not be placed on City-owned vehicles. • Employees may not use or authorize the use of any City facility for the purpose of assisting the promotion of the ballot proposition, unless such facilities are generally made available on an equal access, nondiscriminatory basis, and it is part of normal and regular activity. Facilities include but are not limited to: telephones, voicemail, postage, computers, email, office supplies, machines and equipment,use of City employees during work hours, City vehicles, and office space. • Employees may use public spaces to post signs, petitions, and advertisements, to make speeches and hold meetings, or to express their views only when these spaces are serving as "Neutral Public Forums." A neutral public forum is public property that is available on a nondiscriminatory, equal access basis, and otherwise open to public use for campaigning as well. Employees cannot use their positions to gain access to the space ahead of the public or to gain greater access to the space than the public. • Employees may supply public records in response to requests made by the supporters or opponents of the proposition. Employees should treat all campaigns fairly and equitably in response to these requests. • Employees may engage in campaign activities including meeting with citizens' campaign committees to plan strategies, contacting other employees, circulating petitions,recruiting volunteers, and fundraising. Employees may not use City facilities during these activities. Staff campaigning on their own time should not state or imply that they are campaigning on behalf of the City. Elected Officials • Council may collectively vote to support the ballot measure at a properly noticed public meeting where opponents of the measure are given an equal opportunity to express views. • While acting on behalf of the City, Councilmembers may make statements in support of the ballot proposition at an open press conference even if held in a City facility, in response to specific inquiries posed while the Councilmember is in a City facility, or make incidental remarks concerning the proposition in an official communication so long as there is no actual, measurable expenditure of public funds. Councilmembers may not represent that the view expressed is that of the City unless Council has already voted and declared its support to the ballot proposition. • Councilmembers may campaign for, make statements in support of the proposition, or contribute funds on their own personal time in their personal capacity to the proposition, so long as no City equipment, vehicle, or facility is used in these activities. Equipment and facility includes telephones, voicemail, email, office supplies, computers, buildings, rooms and employee time. Councilmembers may use their title while participating in these activities, but must clarify that their participation is not on the behalf of the City. 3 • Councilmembers may attend functions or events and voice their opinions regarding the ballot proposition, so long as they are not being compensated and are not using any City equipment, vehicle, or facility. A Councilmember may use his or her title in these activities, but must clarify that he or she is speaking on his or her own behalf, and not on the part of the City. • Council is prohibited from explicitly including the passage of the ballot measure in the City's annual goals. • Councilmembers may not pressure or coerce the City Manager or City staff to participate in campaign activities. Conclusion: Councilmembers and City staff should conduct themselves in a manner consistent with the above rules and guidelines. 4 Exhibit A RCW 42.17.130 - Use of public office or agency facilities in campaigns - Prohibition - Exceptions No elective official nor any employee of his [or her] office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition. Facilities of a public office or agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons served by the office or agency. However, this does not apply to the following activities: (1) Action taken at an open public meeting by members of an elected legislative body or by an elected board, council, or commission of a special purpose district including, but not limited to, fire districts, public hospital districts, library districts, park districts, port districts, public utility districts, school districts, sewer districts, and water districts, to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (a) any required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body, members of the board, council, or commission of the special purpose district, or members of the public are afforded an approximately equal opportunity for the expression of an opposing view; (2) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry. (3) Activities which are part of the normal and regular conduct of the office or agency. 5 Exhibit B WAC 390-05-271 - General applications of RCW 42.17.130. (1) RCW 42.I7.130 does not restrict the right of any individual to express his or her own personal views concerning, supporting, or opposing any candidate or ballot proposition, if such expression does not involve a use of the facilities of a public office or agency. (2) RCW 42.17.130 does not prevent a public office or agency from (a) making facilities available on a nondiscriminatory, equal access basis for political uses or (b) making an objective and fair presentation of facts relevant to a ballot proposition, if such action is part of the normal and regular conduct of the office or agency. WAC 390-05-273 - Definition of normal and regular conduct. Normal and regular conduct of a public office or agency, as that term is used in the proviso to RCW 42.17.130,means conduct which is (1) lawful, i.e., specifically authorized, either expressly or by necessary implication, in an appropriate enactment, and (2) usual, i.e., not effected or authorized in or by some extraordinary means or manner. No local office or agency may authorize a use of public facilities for the purpose of assisting a candidate's campaign or promoting or opposing a ballot proposition, in the absence of a constitutional, charter, or statutory provision separately authorizing such use. 6 Exhibit C PDC Interpretation APPROVAL DATE: September 28, 2004 NUMBER: 04-02 STATUS: Approved SUPERSEDES: Interpretation 00-05 REFERENCES: RCW 42.17 130 APPROVED BY: The Commission SEE ALSO: VVAC 390-05-271 and WAC 390-05-273 Guidelines for Local Government Agencies in Election Campaigns* Public Disclosure Law Re: Use of Public Facilities in Campaigns Revised September 28, 2006 USE OF THE GUIDELINES These Guidelines are meant to aid and assist in compliance with the law. This document is an educational tool that is an expression of the Commission's view of the meaning of RCW 42.17.130 and relevant administrative rules and case law involving local government and election campaign activity. It is intended to provide guidance regarding the Commission's approach and interpretation of how the statutory prohibition on the use of public facilities for campaigns impacts activities that may be contemplated by government employees and other persons who may seek to utilize those public facilities. Readers are strongly encouraged to review the statute and rules referenced in these Guidelines. For ease of reference, the majority of this interpretation is in chart form. In part, the chart identifies categories of persons, some possible activities, and some general considerations. These illustrative examples in the columns of the chart are not intended to be exhaustive. For example, the categories of persons identified are, in many cases, illustrative only and simply identify groups of persons more likely to undertake or consider undertaking the activity mentioned in the adjacent columns. If an activity is described as being viewed as "Permitted," it is viewed as permitted for all agency personnel otherwise having the authority under law or agency policy to undertake that action, not just the persons identified in the chart or in a particular column. The same approach is applied to the Not Permitted" column. Further, the remarks in the chart's "General Considerations" column have relevance for the entire section and are not limited to the specific bullet point immediately to the left of the general consideration. As noted in the Basic Principles section below, hard and fast rules are difficult to establish for every fact pattern involving agency facilities that may occur. *School Districts are directed to Guidelines for School Districts in Election Campaigns, Interpretation 01-03. 1 Situations may arise that are not squarely addressed by the guidelines or that merit additional discussion. The PDC urges government agencies to review the guidelines in their entirety, and to consult with their own legal counsel and with the PDC. The PDC can be reached at pdc[7a pdc,wa,gov, 360/753-1111 or toll free at 1-877-601-2828. RCW 42.17.730 Use of public office or agency facilities in campaigns — Prohibition --- Exceptions. No elective official nor any employee of his [or her] office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition. Facilities of a public office or agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons served by the office or agency. However, this does not apply to the following activities: (1) Action taken at an open public meeting by members of an elected legislative body or by an elected board, council, or commission of a special purpose district including, but not limited to, fire districts, public hospital districts, library districts, park districts, port districts, public utility districts, school districts, sewer districts, and water districts, to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (a) any required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body, members of the board, council, or commission of the special purpose district, or members of the public are afforded an approximately equal opportunity for the expression of an opposing view; (2) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry; (3) Activities which are part of the normal and regular conduct of the office or agency. Notes: Finding -- Intent -- 2006 c 215: "(1) The legislature finds that the public benefits from an open and inclusive discussion of proposed ballot measures by local elected leaders, and that for twenty-five years these discussions have included the opportunity for elected boards, councils, and commissions of special purpose districts to vote in open public meetings in order to express their support of, or opposition to, ballot propositions affecting their jurisdictions. (2) The legislature intends to affirm and clarify the state's long-standing policy of promoting informed public discussion and understanding of ballot propositions by allowing elected boards, councils, and commissions of special purpose districts to adopt resolutions supporting or opposing ballot propositions." [2006 c 215 § 1.] 2 WAC 390-05-271 General applications of RCW 42.17.130. (1) RCW 42.17.130 does not restrict the right of any individual to express his or her on personal views concerning, supporting, or opposing any candidate or ballot proposition, if such expression does not involve a use of the facilities of a public office or agency. (2) RCW 42.17.130 does not prevent a public office or agency from (a) making facilities available on a nondiscriminatory, equal access basis for political uses or (b) making an objective and fair presentation of facts relevant to a ballot proposition, if such action is part of the normal and regular conduct of the office or agency. WAC 390-05-273 Definition of normal and regular conduct. Normal and regular conduct of a public office or agency, as that term is used in the proviso to RCW 42.17.130, means conduct which is (1) lawful, i.e., specifically authorized, either expressly or by necessary implication, in an appropriate enactment, and (2) usual, i.e., not effected or authorized in or by some extraordinary means or manner. No local office or agency may authorize a use of public facilities for the purpose of assisting a candidate's campaign or promoting or opposing a ballot proposition, in the absence of a constitutional. charter, or statutory provision separately authorizing such use. Similar prohibitions on the use of public facilities by state employees and state officers are described in a memorandum from the Attorney General's Office regarding ROW 42.52 and available at http:11www.atct.wa.gov/pubs/publicfundsmemo062800.htm BASIC PRINCIPLES 1. Public facilities may not be used to support or oppose a candidate or ballot proposition. RCW 42.17.130. Facilities include local government agency equipment, buildings, supplies, employee work time, and agency publications. The statute includes an exception to the prohibition for "activities which are part of the normal and regular conduct of the office or agency." 2. The Public Disclosure Commission holds that it is not only the right, but the responsibility of local government to inform the general public of the operational and maintenance issues facing local agencies. This includes informing the community of the needs of the agency that the community may not realize exist. Local governments may expend funds for this purpose provided that the preparation and distribution of information is not for the purpose of influencing the outcome of an election. 3. Public employees do not forfeit their rights to engage in political activity because of their employment. Neither may agency employees be subjected to coercion, pressure, or undue influence to participate in political activity or to take a particular position. Public officials and employees should make it clear that any participation is personal rather than officially sponsored. 3 4. Supervisory personnel have a duty to know, apply, and communicate to their staffs the difference between acceptable information activities and inappropriate promotional activities in support of local government ballot measures. 5. Local elected officials are free to support agency ballot issues and engage in other political activities as long as such activities do not make use of government facilities, time or resources and do not either pressure or condone employees' use of agency facilities, time or resources to support ballot issues. 6. The PDC is charged with enforcing RCW 42.17.130. This requires consideration and analysis of activities. which may or may not be determined to be in violation of the statute. The PDC has, over the years, developed methods of considering and analyzing activities engaged in by public offices. Among the factors considered are the normal and regular conduct and the timing, tone, and tenor of activities in relation to ballot measure elections. As in any matter where intent is to be considered, hard and fast rules, which will be applicable to all situations, are difficult to establish. The combination of a number of activities into a coordinated campaign involving close coordination between agency activities and citizens' committee activities which closely resembles traditional election campaign activities and which is targeted at and/or occurs close in time to a ballot measure election is likely to draw close scrutiny and careful consideration by the PDC as to whether a violation has occurred. 7.a, Historically, the PDC has routinely advised and held that with respect to election- related publications, one jurisdiction-wide objective and fair presentation of the facts per ballot measure is appropriate. In addition, if an agency* has also customarily distributed this information through means other than a jurisdiction-wide mailing (e.g. regularly scheduled newsletter, website, bilingual documents, or other format), that conduct has also been permitted under ROW 42.17.130 so long as the activity has been normal and regular for the government agency. b. The PDC will presume that every agency may distribute throughout its jurisdiction an objective and fair presentation of the facts for each ballot measure. If the agency distributes more than this jurisdiction-wide single publication, the agency must be able to demonstrate to the PDC that this conduct is normal and regular for that agency. In other words, the agency must be able to demonstrate that for other major policy issues facing the government jurisdiction, the agency has customarily communicated with its residents in a manner similar to that undertaken for the ballot measure. c. Agencies are urged to read the definitions of"normal and regular" at WAC 390-05-271 and WAC 390-05-273. Agencies need to be aware, however, that in no case will the PDC view a marketing or sales effort related to a campaign or election as normal and regular conduct. 8. The PDC attributes publications or other informational activity of a department or subdivision as the product of the local agency as a whole. 9. Providing an objective and fair presentation of facts to the public of ballot measures that directly impact a jurisdiction's maintenance and operation, even though the 4 measure is not offered by the jurisdiction, may be considered part of the normal and regular conduct of the local agency. The agency must be able to demonstrate that for other major policy issues facing the jurisdiction, the agency has customarily communicated with its residents in a manner similar to that undertaken for the ballot measure. 10. State law provides certain exemptions from the prohibition on the use of public office or agency facilities in campaigns for an elected legislative body, an elected board, council or commission of a special purpose district, and elected officials that are not afforded appointed officials. RCW 42.17.130 (1) and (2) apply only to these elected bodies and elected officials.** 'Agency means any county, city, town, port district, special district, or other state political subdivision. **See Chapter 215, Laws of 2006 and AGO 2005 No.4, • 5 Public Disclosure Commission Guidelines for Local Government Agencies in Election Campaigns Persons Permitted Not Permitted General Considerations Agency* • May inform staff during non-work • Shall not pressure or coerce • Has there been communications Administrators hours of opportunities to participate employees to participate in with staff and with union (County Administrator,City in campaign activities.2 campaign activities. representatives regarding the Manager,Executive Director,Fire Chief,PUD Manager,Etc.) prohibition on the use of the agency's internal mail or email system to support or oppose a ballot measure? • Are encouraged to communicate to staff the difference between acceptable and unacceptable activities related to a ballot measure. • Shall not use internal memoranda solely for the purpose of informing employees of meetings supporting or opposing ballot measures. • In the course of normal publications for the agency, may distribute an objective and fair presentation of the facts3 based on and expanded upon the information prepared by the agency in accordance with the normal and regular conduct of the agency. • Shall not coordinate informational activities with campaign efforts, in a manner that makes the agency appear to be supporting or opposing a ballot measure. • Is the distribution of this information consistent with the normal practices of the agency (such as newsletters, websites, or some other format)? Agencies may set the definition of work hours for their employees. For example,to the extent that an agency defines the lunch hour as a non-work hour, activities to support or oppose a candidate or a ballot measure that do not use public resources and that are held away from government facilities are permitted during the lunch hour. a RCW 42.17.680(2) provides that"[n]o employer or labor organization may discriminate against an officer or employee in the terms or conditions of employment for(a)the failure to contribute to, (b)the failure in any way to support or oppose, or(c) in any way supporting or opposing a candidate, ballot proposition, political party, or political committee." 3 Throughout these guidelines,the clause"objective and fair presentation of the facts"means that in addition to presenting the facts,the materials should present accurately the costs and other anticipated impacts of a ballot measure. 4 For the purposes of these guidelines, "information" refers to the documents prepared, printed, and mailed to persons within the governmental jurisdiction by that agency solely for the purposes of informing residents regarding an upcoming ballot measure. The agency may continue to distribute information consistent with the customary practices of the agency, including but not limited to newsletters,websites, and multi-lingual documents. These publications may continue, but if they discuss the ballot measure, the information needs to be an objective and fair presentation of the facts. For the purpose of these guidelines,the term"normal and regular"is defined in WAC 390-05-273 and clarified further by VVAC 390-05-271. *Agency means any county, city,town, port district, special district, or other state political subdivision. 6 Public Disclosure Commission Guidelines for Local Government Agencies in Election Campaigns Persons Permitted Not Permitted General Considerations Agency • May speak at community forums • Shall not use public resources to • Is the information provided an Administrators and clubs to present factual and operate a speakers' bureau in a objective and fair presentation (continued) objective information on a ballot measure during regular work hours. manner that may be viewed as promoting a ballot measure. of the facts? • May encourage staff and members of the public to vote, as long as such encouragement routinely occurs for other elections. • is the activity consistent with the agency's normal and regular course of business? • May respond to questions regarding a ballot measure if such activity is consistent with his or her normal and regular duties. • Do the materials accurately present the costs and other anticipated impacts of a ballot measure? • May wear campaign buttons or similar items while on the job if the agency's policy generally permits employees to wear political buttons. • May engage in campaign activities on their own time, during non-work hours and without using public resources. Community Groups • May use agency facilities for meetings supporting or opposing a ballot measure to the extent that the facilities are made available on an equal access, nondiscrimina- tory basis, and it is part of the normal and regular activity of the jurisdiction. • Shall not use agency facilities to produce materials that support or oppose a ballot measure. 7 Public Disclosure Commission Guidelines for Local Government Agencies in Election Campaigns Persons Permitted Not Permitted General Considerations Local Elected • May collectively vote to support or • Shall not pressure or coerce Legislative Body* oppose a ballot measure at a properly noticed public meeting, where opponents of the measure agency management to participate in campaign activities. are given an equal opportunity to express views. • Shall not explicitly include passage of a ballot measure in the agency's annual goals. 6 RCW 42.17.130(1) provides that action may be"taken at an open public meeting by members of an elected legislative body or by an elected board, council,or commission of a special purpose district including, but not limited to,fire districts, public hospital districts, library districts, park districts, port districts, public utility districts, school districts, sewer districts,and water districts, to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (a)any required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body, members of the board, council,or commission of the special purpose district, or members of the public are afforded an approximately equal opportunity for the expression of an opposing view; *The term"elected" modifies the term"body,"connoting that the body itself must be elected. We therefore conclude that bodies composed in any of the three ways you suggest in your question are not elected bodies for purposes of RCW 42.17.130. Bodies containing a combination of elected or appointed members, bodies whose members serve ex officio by virtue of being elected to another office, or informal groups of elected officials from different jurisdictions are not"elected"for purposes of this analysis. (AGO 2005 No.4 Page 4) Public Disclosure Commission Guidelines for Local Government Agencies in Election Campaigns Persons Permitted Not Permitted General Considerations Local • May engage in political activities • Shall not direct agency staff to • Is the elected official using staff Government on his or her own time, if no public perform tasks to support or time, a public vehicle, or other Elected Officials equipment, vehicle or facility is oppose campaign activities or public resources? used. (An elected official may use ballot measures. • Has the agency adopted a his or her title, but should clarify that he/she is speaking on his/her own behalf, and not on behalf of the agency. If the elected legislative body has adopted a resolution, the official can then speak on behalf of the agency.) • Shall not use public facilities or resources to engage in political activities. resolution? If yes, the elected official can speak on behalf of the agency. If not, has the elected official made it clear that he or she is not speaking on behalf of the agency? • May attend any function or event at any time during the day and voice his or her opinion about a candidate or ballot proposition as long as they are not being compensated and are not using any public equipment, vehicle or other facility. 9 Public Disclosure Commission Guidelines for Local Government Agencies in Election Campaigns Persons Permitted Not Permitted General Considerations Appointed • May engage in political activities • Shall not direct agency staff to • Is the appointed official using Officials on his or her own time, if no public perform tasks to support or staff time, a public vehicle, or (Boards,Commissions,and similar appointed positions) equipment, vehicle or facility is oppose campaign activities or other public resources? used. An appointed official may ballot measures. • Has the appointed official made • use his or her title, but should clarify that he/she is speaking on his/her own behalf, and not on behalf of the agency. May attend any function or event at any time during the day and voice his or her opinion about a candidate or ballot proposition as long as they are not being compensated and are not using any public equipment, vehicle or other facility, • • • Shall not use public facilities or resources to engage in political activities. Shall not use public facilities to express a collective decision or actually vote upon a motion or resolution to support or oppose a ballot proposition. Shall not use public facilities to make a statement at a press conference or responding to an inquiry in support or opposition to any ballot proposition. it clear that he or she is not speaking on behalf of the agency? Management Staff • May speak at community forums and • Shall not use public resources to • Is the management staff using or Their Designees clubs to present an objective and fair presentation of the facts on a ballot measure during regular work hours.' operate a speakers' bureau in a manner that may be viewed as promoting a ballot measure. public resources in a manner that promotes or opposes a candidate or a ballot measure? • May fully participate in campaign activities, including meeting with citizens' campaign committees to plan strategies, during non-work hours and without the use of public resources. • Shall not use public resources to promote or defeat a candidate or ballot measure. • Does the presentation accurately present the costs and other anticipated impacts of a ballot measure? 7 Agencies may set the definition of work hours for their employees. For example,to the extent that a agency defines the lunch hour as a non-work hour, activities to support or oppose a candidate or a ballot measure that do not use public resources and that are held away from agency facilities are permitted during the lunch hour. 10 Public Disclosure Commission Guidelines for Local Government Agencies in Election Campaigns Persons Permitted Not Permitted General Considerations Management Staff or Their Designees (continued) • May inform staff during non-work hours of opportunities to participate in campaign activities. • Shall not pressure or coerce employees to participate in campaign activities. • May respond to questions regarding a ballot measure if such activity is consistent with his or her normal and regular duties. • Shall not use agency resources to organize the distribution of campaign materials. • May wear campaign buttons or similar items while on the job if the agency's policy generally permits employees to wear political buttons. • Does the agency have a policy permitting employees to wear political buttons? • May place window signs or bumper stickers on their privately-owned cars, even if those cars are parked on government property during working hours. • Are encouraged to communicate to staff the difference between acceptable and unacceptable activities related to a ballot measure. • May encourage staff and members of the public to vote, as long as such encouragement routinely occurs for other elections. 11 Public Disclosure Commission Guidelines for Local Government Agencies in Election Campaigns Persons Permitted Not Permitted General Considerations Agency • May speak at community forums • Shall not use work hours or • Do the presentations accurately Employees and clubs to present an objective and fair presentation of the facts on a ballot measure during regular public resources to promote or oppose a candidate or ballot measure (such as gathering present the costs and other anticipated impacts of a ballot measure? work hours. signatures, distributing • Is the employee acting on his • May inform staff during non-work hours of opportunities to participate in campaign activities. campaign materials, arranging speaking engagements, coordinating phone banks, or fundraising). or her own time, during non- work hours? • May engage in campaign activities on their own time, during non-work hours and without using public resources. • Shall not pressure or coerce other employees to participate in campaign activities. • Is the employee using public resources in a matter that promotes or defeats a candidate or a ballot measure? • May respond to questions regarding a ballot measure if such activity is consistent with his or her normal and regular duties. • May wear campaign buttons or similar items while on the job if the agency's policy generally allows employees to wear political buttons. • Does the agency have a policy permitting employees to wear political buttons? • May, during non-work hours, make available campaign materials to employees in lunchrooms and break rooms that are used only by staff or other authorized individuals. • Shall not use agency resources to organize the distribution of campaign materials. 12 Public Disclosure Commission Guidelines for Local Government Agencies in Election Campaigns Persons Permitted Not Permitted General Considerations Agency Employees (continued) • May place window signs or bumper stickers on their cars, even if those cars are parked on government agency property during working hours. • May encourage staff and members of the public to vote, as long as such encouragement routinely occurs for other elections. Union • May, during non-work hours, make • Shall not use the agency's • Are campaign materials made Representatives available campaign materials to union members in lunchrooms and break rooms that are used only by staff or other authorized individuals. internal mail or email system to communicate campaign-related information, including endorsements. available only in those areas used solely by staff or other authorized individuals? • May distribute campaign materials at union-sponsored meetings. • Shall not distribute promotional materials in public areas. • Does such distribution occur during non-work hours? • May post campaign materials on a bulletin board, if such a board is in an area that is not accessible to the general public and if such activity is consistent with the agency's policy and the collective bargaining agreements. 13 Public Disclosure Commission Guidelines for Local Government Agencies in Election Campaigns Activities and Resources Permitted Not Permitted General Considerations Equipment and Supplies • • Agency employees, in the course of their employment, may use equipment (including but not limited to projectors and computers) to make an objective and fair presentation of the facts at community forums and clubs, Agency employees, in the course of their employment, may produce information that is an objective and fair presentation of the facts using public resources. • • Public resources (including but not limited to internal mail systems, email systems, copiers, telephone) shall not be used to support or oppose a candidate or ballot measure, whether during or outside of work hours. Citizens' campaign committees and other community groups shall not use agency equipment (including but not limited to internal mail systems, projectors, computers, and copiers) to prepare materials for meetings regarding ballot measures. • Do the presentations fairly and objectively present the costs and other anticipated impacts of a ballot measure? Meeting Facilities • Agency meeting facilities, including audio visual equipment, may be used by campaign committees for activities on the same terms and conditions available to other community groups, subject to the provisions of the agency's policy. • • • Can community groups typically use agency facilities? Are facilities made available to all groups on the same terms? Has the agency adopted a policy regarding the distribution of campaign materials on agency property? 14 Public Disclosure Commission Guidelines for Local Government Agencies in Election Campaigns Activities and Resources Permitted Not Permitted General Considerations Meeting Facilities (continued) • Use of agency meeting facilities is permitted when the facility is merely a "neutral forum" where the activity is taking place, and the public agency in charge of the facility is not actively endorsing or supporting the activity that is occurring. + 1s the meeting facility customarily made available on an equal access, nondiscriminatory basis for a variety of uses? Lists • Lists of names (such as agency vendors or customers) that a agency has obtained or created in the course of transacting its regular public business are subject to public disclosure requirements; thus, unless otherwise exempt, the lists must be released subject to public records requests. • Agencies shall not sell copies of such lists (though they may charge a pre-established fee to recover the costs of providing copies of the lists). • Is the list obtained or created in the course of the agency transacting its public business? • Agencies may charge a pre-established fee to cover the costs of providing copies of such lists on an equal access, nondiscriminatory basis. • If a list is generally available as a public record, it cannot be denied to a person or group on the grounds that it might be used in a campaign. • Are the fees charged no greater than necessary to cover the costs of providing copies? • Has the agency complied with established policy in responding to any public record requests? 15 Public Disclosure Commission Guidelines for Local Government Agencies in Election Campaigns Activities and Resources Permitted Not Permitted General Considerations Voting ■ Agency personnel may encourage • Agencies shall not pressure or • Is the activity related to providing Information • staff and members of the public to vote, as long as such encouragement routinely occurs for other elections, Public facilities may be used to register people to vote and to do periodic poll checking. • coerce employees to vote. Agencies shall not organize an effort to encourage staff to wear campaign buttons or display campaign materials, voting information for elections, as opposed to advocating for or against a particular candidate or ballot measure? 16 Activities and Resources Agency Publications (Specific to Elections) Public Disclosure Commission Guidelines for Local Government Agencies in Election Campaigns Permitted • Agencies may develop an objective and fair presentation of the facts regarding agency needs and the anticipated impact of a ballot measure, and may distribute it in the agency's customary manner. This information8 may be printed in various languages and communicated in other formats as required by the ADA, • In the course of regular publications for the agency, the agency may distribute an objective and fair presentation of the facts for each ballot measure in accordance with the normal and regular conduct of the agency. Not Permitted • Agencies shall not distribute election-related information in a manner that targets specific subgroups. Targeting does not refer to mailing information to agency constituencies such as community leaders, or some other group, or to the agency's regular distribution list to provide information in a manner that is consistent with the normal and regular conduct of the agency_ • Agencies shall not publicize information supporting or opposing a candidate or ballot measure. General Considerations • Does the information provide an objective and fair presentation of the facts? • Is the timing, format, and style, including tone and tenor, of the information presented in a manner that is normal and regular for the agency? • Is the information distributed in a manner that is normal and regular for the agency? For the purposes of these guidelines, "information" refers to the documents prepared, printed, and mailed jurisdiction-wide by the agency solely for the purposes of informing residents regarding an upcoming ballot measure. The agency may continue to distribute information consistent with the customary practices of the agency, including but not limited to newsletters,websites, and multi-lingual documents. These publications may continue, but if they discuss the ballot measure,the information should be an objective and fair presentation of the facts. 17 Public Disclosure Commission Guidelines for Local Government Agencies in Election Campaigns Activities and Resources Permitted Not Permitted General Considerations Agency Publications (Specific to Elections) • Do the materials accurately present the costs and other anticipated impacts of a ballot measure? (continued) • Does the agency typically distribute information by newsletters, websites, or some other format? Agency • Agencies may include all or part of • Agencies shall not use internal • Does the agency routinely Publications (Regular) the information regarding agency needs and the anticipated impacts of a ballot measure in the agency's regular publications, such as agency and department newsletters. (For example, a department newsletter may specifically describe the projects and/or programs planned for that department.) memoranda or other agency publications to encourage employees to participate in campaign activities. distribute such information? • Agencies may inform staff and/or parents of community meetings related to ballot measures if other such information is normally published in a newsletter or community calendar, and if both those supporting or opposing a ballot measure have the opportunity to appear on the calendar or in the newsletter. • Agencies shall not publish materials supporting or opposing a candidate or ballot measure. • Does the agency normally inform staff and/or parents of community activities and meetings? 18 Public Disclosure Commission Guidelines for Local Government Agencies in Election Campaigns Activities and Resources Permitted Not Permitted General Considerations Agency Publications • Agencies may factually report jurisdictional support for a ballot • is the information presented in an objective and fair manner? (Regular) (continued) measure, so long as it is the normal and regular conduct for the agency. (For example, a community newsletter that ordinarily reports on governmental actions may report that the jurisdiction adopted a resolution supporting a ballot measure.) • Is the agency engaging in significantly different activities during the time period immediately prior to the ballot measure compared to all other times of the year? Agencies may thank citizens for their support after an election in agency publications. Reader Boards/Posters • Information encouraging staff and members of the public to vote, or providing the dates of upcoming elections such as "vote on • Agencies shall not display a "Vote for ...." sign or other promotional messages on reader boards or posters. February ", may be posted, as long as such encouragement is customarily posted for elections other than just an agency's ballot measure. • Agencies may thank citizens on their reader boards for their support after an election. • Signs advocating for or against candidates or ballot measures shall not be posted on agency property in any area accessible to the general public. 19 Public Disclosure Commission Guidelines for Local Government Agencies in Election Campaigns Activities and Resources Permitted Not Permitted General Considerations Reader Boards/Posters (Continued) • May post objective and fair information at an agency or at a future site regarding anticipated improvements to be funded by a ballot measure that is specific to that agency or site. • Publicly owned vehicles shall not be used to carry or display political material. Surveys and • Agencies may conduct surveys • Agencies shall not conduct • Has the elected legislative body Research and/or other community research, including demographic questions, to determine the community's priorities, public perception of performance, and/or to inform the community about agency programs and policies. surveys to determine what taxation level the public would support. passed a resolution authorizing a measure to be placed on the ballot? (If so, actions may be more closely scrutinized.) • Agencies may conduct community research (including but not limited to the use of questionnaires, surveys, workshops, focus groups, and forums) to determine the community's priorities for both programs and/or facilities and their associated total costs and projected dollars per thousand assessment. • Agencies shall not conduct surveys designed to shore up support or opposition for a ballot measure. • Does the election-related survey target specific subgroups? 20 Public Disclosure Commission Guidelines for Local Government Agencies in Election Campaigns 1 Activities and Resources Permitted Not Permitted General Considerations Surveys and • The surveys and/or other • Agencies shall not target • is the survey or community Research community research can be registered voters or other research consistent with normal (continued) conducted before or after the governing body has approved a resolution to place a ballot measure on the ballot. However, research conducted after the adoption of the resolution may be subject to greater scrutiny. specific subgroups of the jurisdiction in conducting their election-related surveys. and regular activities of the agency? • Agencies may publish survey results if it is consistent with the normal and regular conduct of the agency. • Agencies shall not use survey results in a manner designed to support or oppose a candidate or ballot measure. Technology • An agency may develop an • Agency computers, email • Are the materials developed an (websites, emails, computerized calling systems) objective and fair presentation of the facts and post that information on its website, including information regarding agency needs and the anticipated impacts of a ballot measure. This information may be reformatted so that it is consistent with the manner in which the agency customarily presents information on its website. systems, telephones, and other information technology systems shall not be used to aid a campaign for or against a candidate or ballot measure. objective and fair presentation of the facts? 21 Public Disclosure Commission Guidelines for Local Government Agencies in Election Campaigns Activities and Resources Permitted Not Permitted General Considerations Technology + Agency websites may permit • Electronic communication • Is the agency engaging in (websites, emails, computerized viewers to make selections to learn about the anticipated impacts systems shall not be used to generate or forward information significantly different activities during the time period calling systems) of a ballot measure for a specific that supports or opposes a immediately prior to the ballot (continued) division, or otherwise allow candidate or ballot measure. measure compared to all other readers to explore issues in • Agency websites shall not be times of the year? greater or lesser detail. used for the purposes of • Do the materials accurately • • Agencies may update the information on their websites in a manner that is customary for the agency. Staff may respond to inquiries regarding a ballot measure in an objective and fair manner, via email or by telephone, if it is part of their normal and regular duties, supporting or opposing a candidate or ballot measure. • present the costs and other anticipated impacts of a ballot measure? Has there been communications with staff and with union representatives regarding the prohibition on the use of the agency's technology to support or oppose a ballot measure? Note on Timing of Activities: A particular activity may be subject to the scrutiny of the Public Disclosure Commission depending in part on whether it is a part of the "normal and ordinary" conduct of a local government agency. Generally, activities that occur after the elected legislative body has passed a resolution authorizing a measure to be placed on the ballot will be subject to greater scrutiny by the Public Disclosure Commission than those occurring before such a resolution has been passed. Note on Agency Policies: The application of these guidelines is also subject to each jurisdiction's own adopted policies. Revised by the Commission 9/28/06 22 DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of August 11,2011; 11:00 a.m. Please note this is a work in progress; items are tentative To: Council& Staff From: City Clerk,by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings August 16,2011,NO MEETING. (Meeting will be held Monday,August 15th instead.) August 23,2011,Formal Meeting Format,6:00 p.m. [due date Mon,Aug 15] 1. PUBLIC HEARING: 2012 Revenues&Expenditures (15 minutes) 2. Consent Agenda(claims,payroll,minutes,re-appointment to Housing Dev Advisory Committee, extinguishment easement) (5 minutes) 3. Old Business: Tabled Motion (of 7-26-11)re Railroad Quiet Zone—Neil Kersten (20 minutes) 4. Proposed Resolution Amending 2011 TIP—Steve Worley (10 minutes) 5.Motion Consideration: Set 2012 Budget Hearings for Sept 27 and Oct 11—Mark Calhoun (10 minutes) 6.Admin Report: Traffic School—Morgan Koudelka (30 minutes) 7.Admin Report: Review of ordinance that levies 2012 property tax—Mark Calhoun (15 minutes) 8.Admin Report: Review Ordinance to Confirm Tax Levy—Mark Calhoun (15 minutes) 9.Admin Report: Contract Authority, SVMC 3.35—Mike Jackson (10 minutes) 10. Sullivan Bridge Review—Steve Worley (30 minutes) 11. Info Only: Dept Reports [*estimated meeting: 160 minutes] August 30,2011, Study Session Format,6:00 p.m. [due date Mon,Aug 22] 1. Library District 20-year Facilities Plan Overview- Doug Stumbough (25 minutes) 2. Outside Agency Presentations(Social Service Agencies) — Mark Calhoun (-45 minutes) a.Big Brothers/Big Sisters f Spokane Valley Partners b. Community Minded TV g. Spokane Veterans Forum c. CORD, Coalition of Responsible Disabled h. Valley Meals on Wheels d GSSAC, Greater Spokane Substance Abuse Council i. YWCA (Young Women's Christian Assoc.) e.Project Access 3.Bike and Pedestrian Master Program—Mike Basinger (90 minutes) 4. Solid Waste Update—Neil Kersten (20 minutes) 5.Advance Agenda—Mayor Towey (5 minutes) [*estimated meeting: 185 minutes] Wed,August 31,2011,confirmed Joint Council and County Commissioners Meeting,9:00 a.m.—Noon, Spokane County Fairgrounds, Conference Facility in the Expo Complex Bay 1. Agenda items include: (1) Solid Waste Alliance Interlocal Agreement; (2) Animal Control; (3) Milwaukee right-of-way; (4) Transportation Benefit District;and(5)Jail. September 6,2011,Study Session Format,6:00 p.m. [due date Mon,Aug 29] 1. Outside Agency Presentations(Economic Development Agencies) — Mark Calhoun (-30 minutes) a. Greater Spokane Inc. d Spokane Valley Heritage Museum b.HUB Sports Center, Spokane Valley e. Valley Chamber of Commerce c.International Trade Alliance f Valleyfest 2. City Manager's Presentation of Preliminary 2012 Budget—Mike Jackson (30 minutes) 3.Building and Land Use Permitting Process Revisions—John Hohman (30 minutes) 4.Advance Agenda—Mayor Towey (5 minutes) [*estimated meeting: 95 minutes] Draft Advance Agenda 8/11/2011 3:35:25 PM Page 1 of 3 September 13,2011,Formal Meetin2 Format,6:00 p.m. [due date Mon, Sept 5] Proclamations (1) Valleyfest; (2)Senior Fall Prevention 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2.First Reading Proposed Ordinance Amending SVMC Relative to City Treasurer—Cary Driskell(10 minutes) [*estimated meeting: minutes] September 20,2011, Study Session Format, 6:00 p.m. [due date Mon, Sept 12] 1.Advance Agenda—Mayor Towey (5 minutes) 2.Fee Resolution Review—Mark Calhoun (15 minutes) [*estimated meeting: minutes] September 27,2011,Formal Meetin2 Format,6:00 p.m. [due date Mon, Sept 19] 1. Public Hearing: 2012 Budget —Mark Calhoun (10 minutes) 2. Consent Agenda(claims,payroll,minutes) (5 minutes) 3. Second Reading Proposed Ordinance Amending SVMC Relative to City Treasurer—Cary Driskell(10 minutes) 4.Motion Consideration: Allocation of funds to Outside Agencies—Mark Calhoun (30 minutes) 5. Info Only: Dept Reports [*estimated meeting: 45 minutes] October 4,2011,Joint Meetin2 with Planning Commission Study Session Format,6:00 p.m. [due Sept 26] Shoreline Draft Goals and Policies—Lori Barlow (-120 minutes) October 6, 2011,AWC Regional Meeting Spokane, Wa. October 11,2011,Formal Meetin2 Format,6:00 p.m. [due date Mon, Oct 3] 1. Public Hearing: 2012 Budget —Mark Calhoun (10 minutes) 2. Consent Agenda(claims,payroll,minutes) (5 minutes) 3.First Reading Proposed Ordinance,2012 budget Property Tax -Mark Calhoun (15 minutes) 4.First Reading Proposed Ordinance 2012 budget,tax confirmation—Mark Calhoun (15 minutes) [*estimated meeting: 45 minutes] October 18,2011, Study Session Format,6:00 p.m. [due date Mon, Oct 10] 1. CDBG Project Ideas—Scott Kuhta (20 minutes) 2.Budget Amendment,2011 —Mark Calhoun (20 minutes) 3.Advance Agenda—Mayor Towey (5 minutes) [*estimated meeting: 45 minutes] October 25,2011,Formal Meetin2 Format,6:00 p.m. [due date Mon, Oct 17] 1. PUBLIC HEARING: 2011 Amended Budget—Mark Calhoun (10 minutes) 2. PUBLIC HEARING: CDBG—Scott Kuhta (10 minutes) 3. Second Reading Proposed Ordinance,2012 budget Property Tax—Mark Calhoun (15 minutes) 4. Second Reading Proposed Ordinance 2012 budget,tax confirmation—Mark Calhoun (15 minutes) 5.First Reading Proposed Ordinance Adopting 2012 Budget—Mark Calhoun (15 minutes) 6. Proposed Resolution Amending Fee Resolution for 2012—Mark Calhoun (20 minutes) 7. Info Only: Dept Reports [*estimated meeting: 85 minutes] November 1,2011, Study Session Format,6:00 p.m. [due date Mon, Oct 24] 1.Advance Agenda—Mayor Towey (5 minutes) [*estimated meeting: minutes] Draft Advance Agenda 8/11/2011 3:35:25 PM Page 2 of 3 November 8,2011,No meeting (3 councilmembers attending a conference) November 15,2011, Special,Formal Format,6:00 p.m. [due date Mon,Nov 7] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Proposed Ordinance Adopting 2012 Budget—Mark Calhoun (15 minutes) 3.First Reading Proposed Ordinance Amending 2011 Budget—Mark Calhoun (10 minutes) 4.Advance Agenda—Mayor Towey (5 minutes) [*estimated meeting: minutes] November 22,2011; NO MEETING(Thanksgiving week) November 29,2011, Study Session Format 6:00 p.m. [due date Mon,Nov 21] 1. Info Only: Dept Reports [*estimated meeting: minutes] December 6,2011, Study Session Format,6:00 p.m. [due date Mon,Nov 28] 1.Advance Agenda—Mayor Towey (5 minutes) [*estimated meeting: minutes] December 13,2011,Formal Meeting Format, 6:00 p.m. [due date Mon,Dec 5] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Proposed Ordinance Amending 2011 Budget—Mark Calhoun (10 minutes) 3. Committee,Boards,Commission Mayoral Appointments—Mayor Towey (15 minutes) [*estimated meeting: minutes] December 20, 2011,Possible no meeting(Christmas Week) December 27, 2011,Formal Meeting Format,6:00 p.m. [due date Mon,Dec 19]] 1. Info Only: Dept Reports [*estimated meeting: minutes] OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Bidding Contracts(SVMC 3.—bidding exceptions) Solid Waste Amended Interlocal Centennial Trail Agreement Speed Limits Code Compliance Report—Extreme Cases Sports Commission Presentation Commute Trip Reduction Program Renewal Sprague Appleway Corridor Environ.Assessment East Gateway Monument Structure WIRA,Water Protection Commitment,Public Educ. Governance Manual(resolution)Update Greenacres Trail/Northern Railroad *time for public or council comments not included Investment Accounts Liberty Lake City Sign Lodging Tax Funding for 2012 (Oct 2011) Milwaukee Right-of-way Mission Ave Design(Mission&Long ped. crossing) Monument(Veterans') Sign Old Mission Ave Trail Access Parking/Paving Options(for driveways,etc.) Pavement Management Program Update Prosecution Services Public Input Process for Capital Projects Senior Housing Sidewalks Site Selector Update Draft Advance Agenda 8/11/2011 3:35:25 PM Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 15, 2011 Department Director Approval: ❑ Check all that apply:❑ consent ❑ old business ❑ new business ❑ public hearing information ® admin. report Spending legislation executive session AGENDA ITEM TITLE: Contract Authority, Spokane Valley Municipal Code 3.35 GOVERNING LEGISLATION: SVMC 3.35 PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: As per Spokane Valley Municipal Code 3.35, the City Manager is authorized to enter into contracts, contract modifications and change orders without city council approval when the aggregate amount of the contract and all contract amendments or changes does not exceed $200,000. The exception to this regulation is on contracts that have been previously approved by council, then the City Manager has authority to execute those amendments or change orders which aggregate amounts are less than 15% of the original contract amount, or up to $200,000, whichever is less. Occasionally there are circumstances where approval of a change order is needed on short notice, and where the amounts are in excess of the authorized limits. In those circumstances where a change order is necessary to avoid a substantial risk of harm to the City, the Finance Committee is authorized to approve those change orders, and the City Manager will provide the appropriate information to the full council at its next regular meeting. SVMC 3.35.050 states that the City Manager may develop rules, policies and procedures to implement this chapter, and those policies have been developed as per Administrative Policy No. 300.205. Administrative Policy 300.205 describes the selection process of the provider, internal review process, and states that the City Manager may choose to inform Council of pending contracts even when they fall within the financial authority of the City Manager. Otherwise, contracts require Council approval, which is accomplished after review by both the City's Finance Department, as well as the City's Legal Department. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Mike Jackson ATTACHMENTS: Chapter 3.35 CONTRACT AUTHORITY Page 1 of 2 Chapter 3.35 CONTRACT AUTHORITY Sections: 3.35.005 Definitions. 3.35.010 Contract authority. 3.35.050 Rules and policy. 3.35.005 Definitions. "Change orders and requests for additional work" means a request for additional services where there are changed conditions, a requirement that extra work or service be performed, or such other circumstances that necessitate a modification to the contract. The scope of the work, procurement or service may be modified to serve the best interests of the City. Extra work may be ordered by the city manager in order to accomplish the purpose and intent of the contract with the City. "City manager" means the city manager or designee. (Ord. 07-004 § 2, 2007). 3.35.010 Contract authority. A. The city manager is authorized to enter into contracts, contract modifications or change orders without city council approval when the aggregate amount of the contract and all contract amendments or change orders do not exceed $200,000, except as set forth in subsection C of this section. B. Any contract, contract amendment and/or change order in excess of the city manager's authority shall require prior approval of the city council. C. On contracts for which prior city council approval is required and received, the city manager shall have authority to execute any amendments or change orders which, when aggregated, are less than 15 percent of the original contract amount, or up to $200,000, whichever is less. D. The finance committee of the city council is authorized to approve change orders on short notice that are in excess of the amounts authorized in subsection C of this section, in circumstances where such a change order is necessary to avoid a substantial risk of harm to the City. In such an event, the city manager shall provide appropriate information to the city council at its next regular meeting setting forth the factual basis for the action. (Ord. 07-004 § 2, 2007; Ord. 03-072 § 2, 2003). 3.35.050 Rules and policy. The city manager may develop rules, policies, and procedures to implement this chapter. (Ord. 07-004 § 2, 2007; Ord. 03-072 § 6, 2003). Compile Title http://www.codepublishing,com/WA/SpokaneVal ley/spval03/spva10335.html 8/11/2011