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
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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.
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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
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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