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2011, 11-01 Study Session AGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Tuesday,November 1, 2011 6:00 p.m. CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue,First Floor (Please Silence Your Cell Phones During the Meeting) DISCUSSION LEADER SUBJECT/ACTIVITY GOAL ACTION ITEMS: 1. Steve Worley Sullivan Road W.Bridge Replacement, Motion Consideration Survey Contract [public comment] 2.John Hohman Comprehensive Plan Amendment Motion Consideration Docket [public comment] NON-ACTION ITEMS: 3. Kevin Twohig, Sandy Wade Convention Center Update Discussion/Information 4.Neil Kersten Stormwater Grants Discussion/Information 5. Mike Jackson,John Hohman Economic Development Update Discussion/Information 6. Roger Crum Railroad Quiet Zones Discussion/Information 7. Chris Bainbridge Governance Manual Draft Discussion/Information 8. Mayor Towey Advance Agenda Discussion/Information 9.Mayor Towey Council Check in Discussion/Information (Wastewater Rates) 10.Mike Jackson City Manager Comments Discussion/Information ADJOURN Note: Unless otherwise noted above,there will be no public comments at Council Study Sessions. However,Council always reserves the right to request information from the public and staff as appropriate. During meetings held by the City of Spokane Valley Council,the Council reserves the right to take"action" on any item listed or subsequently added to the agenda. The term "action"means to deliberate,discuss,review,consider,evaluate,or make a collective positive or negative decision. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments,please contact the City Clerk at(509)921-1000 as soon as possible so that arrangements may be made. Study Session Agenda,November 1,2011 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 1, 2011 Department Director Approval: El Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Sullivan Road W Bridge Replacement Project-Survey and Topographic Mapping Contract GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Approved Freight Mobility Strategic Investment Board (FMSIB) Applications on May 25th, 2010; Admin Report on March 8, 2011; Admin Report on August 23, 2011; Admin Report on Temporary Repairs on September 20, 2011; Info Memo on TIGER III Grant Application on September 27, 2011. BACKGROUND: On July 29, 2011 a Request for Qualifications was published seeking consultant services for the design of the Sullivan Road West Bridge Replacement Project, and CH2M HILL was selected as the most highly qualified consultant to provide these services. Currently, funding for half of the estimated $19.7 million cost for this project has been received from a federal Bridge Replacement grant ($8M) and a grant from the state Freight Mobility and Strategic Investment Board ($2M) In accordance with Council approval, staff is preparing the final application for a TIGER III grant of up to $10 million, which is due on October 31, 2011. To meet the very tight timeframes of the TIGER III grant, CH2M HILL has developed a scope of work to begin the surveying and topographic mapping as soon as possible. This survey and mapping work is needed to begin the preliminary design phase and must be done before snow begins to fall. Delaying this survey and mapping work until spring will put the project at risk of missing the TIGER III grant deadlines, assuming the City is successful in receiving these grant funds. Staff will return to Council in the very near future to request approval to execute a supplement to this contract for the preliminary design services. Staff and CH2M HILL are currently working on the scope of work and fee associated with these services but didn't want to hold up the survey services because winter weather is fast approaching. After the preliminary design phase is complete, another supplement to this contract will be needed to provide for the final design of the project. Attached is a draft standard consultant agreement with an estimated fee. The fee is still being negotiated and may change slightly. Staff will bring the final fee amount to council at Tuesday night's meeting. OPTIONS: (1) Authorize the City Manager or his designee to execute a contract for surveying and topographic mapping services with CH2M HILL, or (2) Provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager or his designee to execute a contract with CH2M HILL for surveying and topographic mapping services in an amount not to exceed $75,000 for the Sullivan Road West Bridge Replacement Project#0155. BUDGET/FINANCIAL IMPACTS: Currently the estimated bridge replacement costs = $19.7 million. The city has received a federal Bridge Replacement (BR) grant for $8 million and a FMSIB grant for $2 million. The federal grant requires a 20% match. Eight hundred thousand dollars in BR funds have been obligated, and matched with $200,000 in city funds, to begin the design. STAFF CONTACT: Steve Worley, Senior Capital Projects Engineer Neil Kersten, Public Works Director ATTACHMENTS: Consultant Contract with CH2M HILL for Professional Services to support the design of the Sullivan Road W Bridge Replacement Project � ' g @11Cy Consultant/Address/Telephone CH2M HILL,INC. Standard Consultant 717 West Sprague Avenue,Suite 800 Agreement Spokane,WA 99201-3911 (509)747-2000 LI Architectural/Engineering Agreement ❑ Personal Services Agreement Agreement Number Project Title And Work Description Federal Aid Number SULLIVAN ROAD WEST BRIDGE BRM 4103(007) REPLACEMENT Agreement Type(Choose one) Professional services to support preliminary and ❑ Lump Sum final design,environmental compliance,permitting, Lump Sum Amount $ right-of-way acquisition for bridge replacement. ►� Cost Plus Fixed Fee Overhead Progress Payment Rate 131.03 % Overhead Cost Method DBE Participation ❑Actual Cost El Yes ►1 No Federal ID Number or Social Security Number ❑Actual Cost Not To Exceed % 59-0918189 ►1 Fixed Overhead Rate 131.03 % Do you require a 1099 for IRS? Completion Date Fixed Fee $ 1,366.18 ❑Yes ►Z1 No December 31,2011 ❑Specific Rates Of Pay Total Amount Authorized$ 67,950.00 ❑ Negotiated Hourly Rate Management Reserve Fund$ 6,800.00 ❑ Provisional Hourly Rate ❑ Cost Per Unit of Work Maximum Amount Payable$ 74,750.00 Index of Exhibits (Check all that apply): ►/ Exhibit A-1 Scope of Work ❑Exhibit G-2 Fee-Sub Specific Rates ❑Exhibit A-2 Task Order Agreement / Exhibit G-3 Sub Overhead Cost ❑Exhibit B-1 DBE Utilization Certification CI Exhibit H Title VI Assurances ❑Exhibit C Electronic Exchange of Data ►1 Exhibit I Payment Upon Termination of Agreement ❑Exhibit D-1 Payment-Lump Sum ►Z/ Exhibit J Alleged Consultant Design Error Procedures ►i1 Exhibit D-2 Payment-Cost Plus N Exhibit K Consultant Claim Procedures ❑Exhibit D-3 Payment-Hourly Rate ❑Exhibit L Liability Insurance Increase ❑Exhibit D-4 Payment-Provisional C.1 Exhibit M-la Consultant Certification ►� Exhibit E-1 Fee-Lump/Fixed/Unit ®Exhibit M-lb Agency Official Certification ❑Exhibit E-2 Fee-Specific Rates ►1 Exhibit M-2 Certification-Primary ►1 Exhibit F Overhead Cost ►Exhibit M-3 Lobbying Certification X Exhibit G Subcontracted Work ❑Exhibit M-4 Pricing Data Certification ❑Exhibit G-1 Subconsultant Fee ❑App.31.910 Supplemental Signature Page THIS AGREEMENT,made and entered into this day of , 2011 , between the Local Agency of City of Spokane Valley ,Washington,hereinafter called the"AGENCY", and the above organization hereinafter called the"CONSULTANT". DOT Form 140-089 EF Page 1 of 8 Revised 3/2008 WITNESSETH THAT: WHEREAS,the AGENCY desires to accomplish the above referenced project,and WHEREAS,the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS,the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration,if applicable,and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE,in consideration of the terms,conditions,covenants and performance contained herein,or attached and incorporated and made a part hereof,the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT.The CONSULTANT shall furnish all services,labor,and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit"A"attached hereto and by this reference made a part of this AGREEMENT. Ill General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies,groups,or individuals shall receive advance approval by the AGENCY.Necessary contacts and meetings with agencies,groups,and/or individuals shall be coordinated through the AGENCY.The CONSULTANT shall attend coordination,progress and presentation meetings with the AGENCY and/or such Federal,State,Community,City or County officials,groups or individuals as may be requested by the AGENCY.The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation.The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A." The CONSULTANT shall prepare a monthly progress report,in a form approved by the AGENCY,which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT,and each SUBCONSULTANT,shall not discriminate on the basis of race,color,national origin,or sex in the performance of this contract.The CONSULTANT,and each SUBCONSULTANT,shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts.Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises(DBE),if required,per 49 CFR Part 26,or participation of Minority Business Enterprises(MBE),and Women Business Enterprises(WBE),shall be shown on the heading of this AGREEMENT.If D/M/WBE firms are utilized,the amounts authorized to each firm and their certification number will be shown on Exhibit`B"attached hereto and by this reference made a part of this AGREEMENT.If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function(CUF)regulation outlined in the AGENCY'S"DBE Program Participation Plan".The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports,PS&E materials,and other data furnished to the CONSULTANT by the AGENCY shall be returned.All electronic files,prepared by the CONSULTANT,must meet the requirements as outlined in Exhibit"C." All designs,drawings,specifications,documents,and other work products,including all electronic files,prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY.Reuse by the AGENCY or by others,acting through or on behalf of the AGENCY of any such instruments of service,not occurring as a part of this PROJECT,shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT,but may be extended by the AGENCY in the event of a delay attributable to the AGENCY,or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT.A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit"D"attached hereto,and by reference made part of this AGREEMENT.Such payment shall be full compensation for work performed or services rendered and for all labor,materials,supplies, equipment,and incidentals necessary to complete the work.The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT.The need for a post audit will be determined by the State Auditor,WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub-Contracting The AGENCY permits sub-contracts for those items of work as shown in Exhibit"G"attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit"G." The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor,overhead,direct non-salary costs and fixed fee costs for the sub-consultant shall be substantiated in the same manner as outlined in Section V.All sub-contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub-consultant payment,the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY.No permission for sub-contracting shall create,between the AGENCY and sub- contractor,any contract or any other relationship.A DBE certified sub-consultant is required to perform a minimum amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person,other than a bona fide employee working solely for the CONSULTANT,to solicit or secure this contract,and that it has not paid or agreed to pay any company or person,other than a bona fide employee working solely for the CONSULTANT,any fee, commission,percentage,brokerage fee,gift,or any other consideration,contingent upon or resulting from the award or making of this contract.For breach or violation of this warrant,the AGENCY shall have the right to annul this AGREEMENT without liability or,in its discretion,to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee,commission,percentage,brokerage fee,gift,or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT,shall be considered employees of the CONSULTANT only and not of the AGENCY,and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged,and any and all claims made by a Page 3 of 8 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein,shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage,on a full-or part-time basis,or other basis,during the period of the contract,any professional or technical personnel who are,or have been,at any time during the period of the contract,in the employ of the United States Department of Transportation,or the STATE,or the AGENCY,except regularly retired employees,without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract,the CONSULTANT,for itself,its assignees,and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et.seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit"H" attached hereto and by this reference made part of this AGREEMENT,and shall include the attached Exhibit"H"in every sub-contract,including procurement of materials and leases of equipment,unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten(10)days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT,a final payment shall be made to the CONSULTANT as shown in Exhibit"I"for the type of AGREEMENT used. No payment shall be made for any work completed after ten(10)days following receipt by the CONSULTANT of the Notice to Terminate.If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above,then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 In such an event,the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination,the amount of work originally required which was satisfactorily completed to date of termination,whether that work is in a form or a type which is usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so,and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount,which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence,the termination shall be deemed to be a termination for the convenience of the AGENCY.In such an event,the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member,partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT,or dissolution of the partnership,termination of the corporation,or disaffiliation of the principally involved employee,the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT,if requested to do so by the AGENCY.This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY,if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph,should the surviving members of the CONSULTANT,with the AGENCY'S concurrence,desire to terminate this AGREEMENT,payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT,or for failure of the CONSULTANT to perform work required of it by the AGENCY.Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein,when required to do so by the AGENCY,without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised,the CONSULTANT shall make such revisions as directed by the AGENCY.This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer,whose decision in the matter shall be final and binding on the parties of this AGREEMENT;provided, however,that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision,that decision shall be subject to de novo judicial review.If the parties to this AGREEMENT mutually agree,disputes concerning alleged design errors will be conducted under the procedures found in Exhibit"J",and disputes concerning claims will be conducted under the procedures found in Exhibit"K". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT,the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington,situated in the county in which the AGENCY is located.The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington.The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington,situated in the county in which the AGENCY is located. Page 5 of 8 XIII Legal Relations The CONSULTANT shall comply with all Federal,State,and local laws and ordinances applicable to the work to be done under this AGREEMENT.This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims,demands,or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT;provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims,demands or suits based solely upon the conduct of the AGENCY or the STATE,their agents,officers and employees;and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the CONSULTANT'S agents or employees,and(b)the AGENCY or the STATE,their agents,officers and employees,this indemnity provision with respect to(1)claims or suits based upon such negligence(2)the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws,including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers.The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense,the CONSULTANT specifically waives any immunity under the state industrial insurance law,Title 51 RCW. Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible for administration of construction contracts,if any,on the PROJECT.Subject to the processing of a new sole source,or an acceptable supplemental agreement,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration.By providing such assistance,the CONSULTANT shall assume no responsibility for:proper construction techniques,job site safety,or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT,or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A.Worker's compensation and employer's liability insurance as required by the STATE. B.Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars($2,000,000)for bodily injury,including death and property damage.The per occurrence amount shall not exceed one million dollars($1,000,000). C.Vehicle liability insurance for any automobile used in an amount not less than a one million dollar($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT,the AGENCY will be named on all policies as an additional insured.The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT.The AGENCY reserves the right to require complete,certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.The CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14)days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty(30)days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million($1,000,000)dollars,whichever is the greater,unless modified by Exhibit"L".In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section.This remedy is not exclusive;and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT,or otherwise in law. XIV Extra Work A.The AGENCY may at any time,by written order,make changes within the general scope of the AGREEMENT in the services to be performed. B.If any such change causes an increase or decrease in the estimated cost of,or the time required for,performance of any part of the work under this AGREEMENT,whether or not changed by the order,or otherwise affects any other terms and conditions of the AGREEMENT,the AGENCY shall make an equitable adjustment in the(1)maximum amount payable;(2)delivery or completion schedule,or both;and(3)other affected terms and shall modify the AGREEMENT accordingly. C.The CONSULTANT must submit any"request for equitable adjustment",hereafter referred to as"CLAIM",under this clause within thirty(30)days from the date of receipt of the written order.However,if the AGENCY decides that the facts justify it,the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D.Failure to agree to any adjustment shall be a dispute under the Disputes clause.However,nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E.Notwithstanding the terms and conditions of paragraphs(A)and(B)above,the maximum amount payable for this AGREEMENT,shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable,the CONSULTANT shall place their endorsement on all plans,estimates,or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit"M-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY,Exhibit"M -2"Certification Regarding Debarment,Suspension and Other Responsibility Matters-Primary Covered Transactions, Exhibit"M-3"Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"M-4" Certificate of Current Cost or Pricing Data.Exhibit"M-3"is required only in AGREEMENTS over$100,000 and Exhibit"M-4"is required only in AGREEMENTS over$500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants,stipulations,and provisions agreed upon by the parties.No agent,or representative of either party has authority to make,and the parties shall not be bound by or be liable for,any statement,representation,promise or agreement not set forth herein.No changes,amendments,or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed to be an original having identical legal effect.The CONSULTANT does hereby ratify and adopt all statements,representations, warranties,covenants,and agreements contained in the proposal,and the supporting material submitted by the CONSULTANT,and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date"box on page one(1)of this AGREEMENT. By By Consultant CH2M HILL,INC. Agency City of Spokane Valley DOT Form 140-089 EF Revised 3/2008 Page 8 of 8 EXHIBIT A-1 Sullivan Scope of Work for i Washington Replacement - Surveying & Mapping City of Spokane Valley, FHWA Project No. BRM 4103(007) October 1.0 Introduction The purpose of this scope of work is to establish the specific scope of CH2M HILL's professional engineering services and compensation for the Sullivan Road West Bridge Replacement project. The City of Spokane Valley(Spokane Valley)may make or approve changes within the general scope of this agreement. If such changes affect CH2M HILL's cost of,or time required for,performance of the services,an equitable adjustment will be made through an amendment to this agreement. Prior to performing the work,CH2M HILL will notify Spokane Valley in writing of the occurrence of a change and an estimate of the cost impact. Spokane Valley will provide written approval of change. A 10 percent contingency fund has been established for minor changes to the Scope of Work. Use of the contingency fund requires written authorization from Spokane Valley,prior to performing the work. Spokane Valley reserves the right to expand the scope of CH2M HILL's work on this project to include preliminary and final design,environmental documentation,permitting, stakeholder coordination and public outreach,right-of-way acquisition,bid phase support, construction inspection,and construction management engineering services. These additional services are not included in this Scope of Work but may be added to the Agreement at a later date by written amendment. 2.0 Purpose The purpose of this initial scope of work is to accomplish field surveying and develop base mapping suitable for preliminary and final design of the project. The ultimate purpose of the project is to replace the existing 2-lane southbound bridge structure with a wider 4-lane bridge structure,which also includes a sidewalk and bicycle lane. 3.0 Scope of ork CH2M HILL will perform services and provide project documentation in accordance with: ® City of Spokane Valley Street Standards SPX/SULLIVAN WEST BRIDGE REPLACEMENT EXHIBIT A-I SOW SURVEYING MAPPING DRAFT.DOC 422114.PS.DI.HW 10F4 SCOPE OF WORK FOR SULLIVAN ROAD WEST BRIDGE REPLACEMENT,CITY OF SPOKANE VALLEY,OCTOBER,2011 ® Washington Department of Transportation Local Agency Guidelines Manual ® Washington Department of Transportation Bridge Design Manual ® AASHTO LRFD Bridge Design Specifications for Highway Bridges,Fifth Edition ® Spokane Regional Stormwater Manual This scope of work includes the following main tasks: Task 1: Surveying and Mapping Task 2: Project Management CH2M HILL will provide the following specific services: Task 1: Surveying and Mapping 1.1 Surveying This task involves establishing existing survey control and field surveying in support of the base mapping for the Preliminary Design and Final Design phases of the project. Surveying tasks are as follows: ® Research and compile existing survey and utility records. This task includes research of recorded surveys,plats,and property corner records together with research of Spokane County right-of-way records. Contact utility purveyors for available utility as-built drawings and plans. Develop a contact list with names,addresses,telephone numbers, and email addresses of utility purveyors. ® Field locate pertinent controlling monumentation including property corners,section corners,and right-of-way centerline monuments. This task also includes monument analysis and resolution for determining right-of-way location. ® Identify survey monumentation that may be destroyed by construction activities. This task does not include preparation of monument removal permit forms as required by DNR. ® Field locate pertinent horizontal and vertical control monumentation to place project horizontal datum on Washington State Plane Coordinates,North Zone,and project vertical datum on NAVD88. Perform analysis and control resolution to rectify project coordinates to this datum and to reduce horizontal coordinates to an assumed datum with reference to State Plane Coordinate system. ® Set additional horizontal and vertical control for project. Perform a level survey through control and tie to nearest USGS Spokane River gauging station. ® Perform Spokane River hydrographic cross-sections as follows: a) Establish control points at each end of sections above ordinary high-water mark (OHWM). b) Survey river cross-sections from top of riverbank to top of riverbank at the following six(6)locations: ® Three bridge lengths upstream of east bridge ® One bridge length upstream of east bridge ® Between bridges ® Downstream face of west bridge '...,. ® One bridge length downstream of west bridge SPK/SULUVAN WEST BRIDGE REPLACEMENT EXHIBIT A-1 SOW SURVEYING MAPPING DRAFT.DOC 422114.PS.DI.HW 2 OF 4 SCOPE OF WORK FOR SULLIVAN ROAD WEST BRIDGE REPLACEMENT,CITY OF SPOKANE VALLEY,OCTOBER,2011 ® Three bridge lengths downstream of west bridge Note: one bridge length is approximately 440 feet. c) Cross-sections will include water surface elevation with a record of the date and time of the survey. d) Mapping of cross-sections will be provided in typical format as stated below. 1.2 Mapping Provide mapping as follows: ® Topographic mapping data to obtain and show 1-foot contour intervals. a) Provide topographic information 150 feet to each side of existing bridge abutments,beneath existing bridges at each end of existing bridges,and within an area 900 feet beyond the north end of the existing bridges b) Provide topographic information to capture beyond the south end of the existing bridges to include the Sullivan Road/Indiana intersection. Include 200 feet along east,west,and south legs of the intersection. c) Perform topographic survey of both bridge decks,including all features accessible from bridge surface. ® Locate utilities within project limits including rim and invert elevations and pipe size, where determinable. ® Provide mapping in AutoCAD Civil 3D 2011 format. a) Reduce and draft right-of-way and contour topographic maps. b) Reproducible copies will be the final product. c) Digital AutoCAD files,including all point and TIN files,will be provided to Spokane Valley. ® Prepare and provide monument reference drawings at an appropriate scale. 1.3 Right-of-Way Mapping ® Develop Right-of-Way Plans summarizing research of Records of Survey and plats in the area,based on found monuments,to include existing right-of-way limits,widths, and local bearings and distances along the Sullivan Road Section Line(east line of Section 11,T25N,R44E). Information will be prepared in general conformance with the WSDOT Right-of-Way Manual,and for presentation as a background layer in the design drawings. ® Prepare a Property Ownership Table(spreadsheet format) delineating parcel numbers, property owners,and existing square footages. Compare results with Spokane County records and modify accordingly. Deliverables:Base mapping and monument reference drawings,including all point and TIN files,in Auto CAD format. Property Ownership Table in Microsoft Excel format. SPK/SULLIVAN WEST BRIDGE REPLACEMENT EXHIBIT A-1 SOW SURVEYING MAPPING DRAFT.DOC 422114.PS.DI.HW 3 OF 4 SCOPE OF WORK FOR SULLIVAN ROAD WEST BRIDGE REPLACEMENT,CITY OF SPOKANE VALLEY,OCTOBER,2011 Task 2: Project Management 2.1 Project Management Services Provide overall project management and coordination with Spokane Valley to support the accomplishment of the Task 1 work. Project management services include: ® Subconsultant procurement and management ® Control budget and schedule ®. Coordination with City and subconsultant ® Quality Management Plan and Field Safety Instructions ® Monthly progress reporting and invoices Deliverables:quality management plan,progress reports and invoices. 4.0 Pr ject Delivery Schedule CH2M HILL will complete the work outlined in this Scope of Work within 2 months of receiving a Notice to Proceed from Spokane Valley. ***** SPK/SULLIVAN WEST BRIDGE REPLACEMENT EXHIBIT A-1 SOW SURVEYING MAPPING DRAFT.DOC 422114.PS.D1.HW 4 OF 4 Exhibit D-2 Payment (Cost Plus a Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter.Such payment shall be full compensation for work performed or services rendered and for all labor,materials,supplies,equipment,and incidentals necessary to complete the work specified in Section II,"Scope of Work."The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A. Actual Costs:Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee.The actual cost shall include direct salary cost, overhead,direct non-salary costs,and fixed fee. 1. Direct Salary Costs:The Direct Salary Cost is the direct salary paid to principals, professional,technical,and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT.The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Overhead Costs:Overhead Costs are those costs other than direct costs,which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books.Progress payments shall be made at the rate shown in the heading of this AGREEMENT under"Overhead Progress Payment Rate."Total overhead payment shall be based on the method shown in the heading of the AGREEMENT.The two options are explained as follows: a. Fixed Rate:If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown.This rate shall not change during the life of the AGREEMENT. b. Actual Cost:If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit,up to the Maximum Total Amount Payable,authorized under this AGREEMENT,when accumulated with all other Actual Costs. A summary of the CONSULTANTS cost estimate and the overhead computation is shown in Exhibit"E"attached hereto and by this reference made part of this AGREEMENT.When an Actual Cost method is used,the CONSULTANT(prime and all sub-consultants)will submit to the AGENCY within six(6)months after the end of each firm's fiscal year,an overhead schedule in the format required by the AGENCY(cost category,dollar expenditures,etc.)for the purpose of adjusting the overhead rate for billing purposes.It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. DOT Form 140-089 EF Exhibit D-2 Revised 6/08 Failure to supply this information by either the prime CONSULTANT or any of their sub- consultants shall cause the AGENCY to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY, STATE and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual overhead rate,if they so desire. 3. Direct Non-Salary Costs:Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT.These charges may include,but are not limited to,the following items:travel,printing,long distance telephone,supplies,computer charges and sub- consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY.The CONSULTANT shall comply with the rules and regulations regarding travel costs(excluding air,train,and rental car costs)in accordance with the AGENCY'S Travel Rules and Procedures. However,air,train,and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.205-46"Travel Cost b. The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable wh the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office.Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessary for the services provided under this AGREEMENT. 4. Fixed Fee: The Fixed Fee,which represents the CONSULTANT'S profit,is shown in the heading of this AGREEMENT under Fixed Fee.This amount does not include any additional Fixed Fee,which could be authorized from the Management Reserve Fund.This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person- hours required to perform the stated Scope of Work.In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work,the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee.The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings.Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment,subject to the provisions of Section IX entitled"Termination of Agreement." 5. Management Reserve Fund:The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs,or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s)shall be in writing and shall not exceed the lesser of$100,000 or 10%of the Total Amount Authorized as shown in the heading of this AGREEMENT.The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT.This fund may not be replenished.Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV,"Extra Work."6. Maximum Total Amount Payable:The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized,and the Management Reserve Fund.The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV,"Extra Work."No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments:The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III,"General Requirements" of this AGREEMENT.The billings will be supported by an itemized listing for each item including Direct Salary,Direct Non-Salary,and allowable Overhead Costs to which will be added the prorated Fixed Fee.To provide a means of verifying the billed salary costs for CONSULTANT employees,the AGENCY may conduct employee interviews.These interviews may consist of recording the names,titles,salary rates,and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment:Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,contingent upon receipt of all PS&E,plans,maps,notes,reports, electronic data and other related documents which are required to be furnished under this AGREEMENT.Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment,which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance.Said Final Payment shall not,however,be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit,all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within thirty(30)days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment.The CONSULTANT has twenty(20)days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. D. Inspection of Cost Records:The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY,STATE and the United States,for a period of three (3)years after receipt of final payment,the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation,claim or audit arising out of,in connection with,or related to this contract is initiated before the expiration of the three(3)year period,the cost records and accounts shall be retained until such litigation,claim,or audit involving the records is completed. MRAM - CH2M HILL,INC. (A Wholly Owned Subsidiary of CH2M HILL Companies,Ltd,) Schedule of Single Firm Wide Indirect Cost Rate Year ended December 31,2010 (With Independent Auditors' Reports Thereon) CH21VI HILL,INC. (A Wholly Owned Subsidiary of CH2M HILL Companies,Ltd,) Table of Contents Page Independent Auditors'Report I Schedule of Single Firm Wide Indirect Cost Rate for'the year ended December 31,2010 3 Notes to Schedule of Single Firm Wide Indirect Cost Rate for the year ended December31,2010 4 Report on Internal Control over.Financial Reporting and on Compliance and Other Matters Based on an Audit of the Schedule of Single Firm Wide Indirect Cost Rate Performed in Accordance with Government Auditing Standards 7 . L., KPMG LLP Suite 2700 707 Seventeenth Street Denyer,CO 80202 3499 Independent Auditors'Report The Board of Directors CH2M HILL,Inc.: We have audited the accompanying Schedule of Single Firm Wide Indirect Cost Rate (the Schedule) of CH2M HILL, Inc. (the Company), a wholly owned subsidiary of CH2M HILL Companies,Lid, for the year ended December 31, 2010. The Schedule is the responsibility of the Company's management Our responsibility is to express an opinion on the Schedule based on our audit We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the Schedule is free of material misstatement. An audit MC-hides consideration Of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances,but not for the purpose of expressing an opinion on the effectiveness of the Company's internal control over financial reporting Accordingly, we express no such opinion. An audit also includes examining, on a test basis, evidence supporting thc amounts and disclosures in the Schedule, assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall Schedule presentation We believe that our audit provides a reasonable basis for our opinion. The accompanying Schedule was prepared for the purpose of complying with specific provisions of the Company's contracts with the federal government and various state agencies. The Schedule was prepared on the basis of accounting discussed in note 2 to the Schedule of Single Firm Wide Indirect Cost Rate and as prescribed by Part 31 of the Federal Acquisition Regulation (FAR). The practices used to prepare the indirect cost rate and direct expense rate differ from U.S. generally accepted accounting principles. Accordingly, the accompanying Schedule is not intended to be a presentation in conformity with U.S.generally accepted accounting principles. In our opinion,the Schedule referred to above presents fairly,in all material respects.,the Single Firm Wide Indirect Cost Rate of CH2M HILL, Inc. for the year ended December 31,2010,on the basis of accounting described above and in note 2. In accordance with Government Auditing,S'tondarcis, we have also issued our report dated May 16,2011 on our consideration of the Company's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts, and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance.That report is an integral part of an audit performed in accordance with Government Auditing Standar&and should be considered in assessing the results of our audit. XPtAG LIP is a Delaware limited Iabfiy pacinership, the 1.1.5 merricer ion of KPMG Iniernal'onal Cooperative CRPhIC;Intemaharar)a Sia Roly This report is intended solely for the information and use of management end the Board of Directors and government agencies that have or are considering contracts with CH2M HILL.,Inc. and is not intended to be,and should not be,used by anyone other than these specified parties. LEP May 16,2011 2 Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: Taylor Engineering,Inc -Surveying and Marring, Civil TTtilities and Roadway Design DOT Form 140-089 EF Exhibit G Revised 6/05 Exhibit G-3 Breakdown of Subconsultants Overhead Cost Taylor Engineering, Inc. Services performed by Taylor Engineering, Inc. (TEI) will be charged to the project with an approved 2009 audited FAR Compliant overhead rate of 147.76% (including Facilities Capital Cost of Money). See attached WSDOT rate acceptance letter. Washington State Transportation Building Department of Transportation 310 Maple Park Avenue S.E. Paula J.Hammond,P.E. P.O.Box 47300 Secretary of Transportation Olympia,WA 98504-7300 360.705-7000 October 12, 2010 TrY: 1-800-833-63a8 vmv.wsdot wa.gov Mr.Ed Wagnild Taylor Engineering, Inc. RECEIVED OCT 17 2010 106 W. Mission Avenue Spokane,WA 99201-2345 Re: Taylor Engineering, Inc.;Overhead Schedule Fiscal Year End December 31, 2009 Dear Mr.Wagnild: On October 12,2010, as a WSDOT representative, Michelle Swanson, Audit Specialist, completed a'desk review of your proposed FYE December 31,2009, Overhead Schedule. Michelle also reviewed the documentation provided by Taylor Engineering_, Inc. during this review process. The reviewed data included, but was not limited to,the schedule of the indirect cost rate, a description of the company, basis of accounting and description of Taylor Engineering, Inc.'s accounting system, and the basis of indirect costs. Based on our review,we are issuing this letter of review establishing Taylor Engineering, Inc.'s overhead rate for FYE December 31, 2009, at 147.76% (rate includes Facilities Cost of Capital)of direct labor. Costs billed to actual agreements will still be subject to audit of actual costs. Please check with the WSDOT Consultant Services Office (HQ)and/or the WSDOT Area Consultant Liaison to determine when this reviewed rate will be applicable to your WSDOT agreement(s). If you, or any representative of Taylor Engineering, Inc., have any questions, please contact Martha Roach,Jeri Sivertson or Steve McKerney at (360)705-7003. Sincerely, j • Martha S. Roach Agreement Compliance Audit Manager MR:ds Enclosures cc: Steve McKerney, Director of Internal Audit Jeri Sivertson,Assistant Director of Internal Audit Kyle McKeon, MS 47329 Rick Griffith, MS 47323 File Exhibit H Title VI Assurances During the performance of this AGREEMENT,the CONSULTANT,for itself,its assignees,and successors in interest agrees as follows: 1. Compliance with Regulations:The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY,Title 49,Code of Federal Regulations,Part 21,as they may be amended from time to time(hereinafter referred to as the"REGULATIONS"),which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination:The CONSULTANT,with regard to the work performed during the AGREEMENT,shall not discriminate on the grounds of race,color,sex,or national origin in the selection and retention of sub-consultants,including procurement of materials and leases of equipment.The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS,including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants,Including Procurement of Materials and Equipment:In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract,including procurement of materials or leases of equipment,each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race,color, sex,or national origin. 4. Information and Reports:The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto,and shall permit access to its books,records, accounts,other sources of information,and its facilities as may be determined by AGENCY,STATE or the Federal Highway Administration(FHWA)to be pertinent to ascertain compliance with such REGULATIONS,orders and instructions.Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information,the CONSULTANT shall so certify to the AGENCY,STATE or the FHWA as appropriate,and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance:In the event of the CONSULTANT'S non-compliance with the non- discrimination provisions of this AGREEMENT,the AGENCY shall impose such AGREEMENT sanctions as it,the STATE or the FHWA may determine to be appropriate,including,but not limited to: Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies,and/or; Cancellation,termination,or suspension of the AGREEMENT,in whole or in part DOT Form 140-089 EF Exhibit H Revised 6/05 6. Incorporation of Provisions:The CONSULTANT shall include the provisions of paragraphs(1)through (5)in every sub-contract,including procurement of materials and leases of equipment,unless exempt by the REGULATIONS,or directives issued pursuant thereto.The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the AGENCY,STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided,however,that in the event a CONSULTANT becomes involved in,or is threatened with, litigation with a sub-consultant or supplier as a result of such direction,the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and,in addition,the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Exhibit 1 Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT.In addition,the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made,shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition,the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140-089 EF Exhibit I Revised 6/05 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care.In addition,it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1—Potential Consultant Design Error(s)is Identified by Agency's Project Manager At the first indication of potential consultant design error(s),the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s).For federally funded projects,the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager,who has not been as directly involved in the project,to be responsible for the remaining steps in these procedures.) Step 2-Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s)and the magnitude of the alleged error(s),and with the Director of Public Works or Agency Engineer's concurrence,the project manager obtains more detailed documentation than is normally required on the project.Examples include:all decisions and descriptions of work;photographs,records of labor,materials and equipment. Step 3—Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further,the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s)and the magnitude of the alleged error(s).The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel(including sub-consultants) deemed appropriate for the alleged design error(s)issue. Step 4—Attempt to Resolve Alleged Design Error with Consultant After the meeting(s)with the consultant have been completed regarding the consultant's alleged design error(s),there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s).If this is the case,then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s)occurred. If this is the case,then the Director of Public Works or Agency Engineer,or their representatives,negotiate a settlement with the consultant.The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place.The agency is to provide H&LP,through the Region DOT Form 140-089 EF Exhibit J Revised 6/05 Local Programs Engineer,a summary of the settlement for review and to make adjustments,if any,as to how the settlement affects federal reimbursements.No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s).The consultant may request that the alleged design error(s)issue be forwarded to the Director of Public Works or Agency Engineer for review.If the Director of Public Works or Agency Engineer,after review with their legal counsel,is not able to reach mutual agreement with the consultant,proceed to Step 5. Step 5—Forward Documents to Highways and Local Programs For federally funded projects all available information,including costs,should be forwarded through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FHWA.H&LP will meet with representatives of the agency and the consultant to review the alleged design error(s),and attempt to find a resolution to the issue.If necessary,H&LP will request assistance from the Attorney General's Office for legal interpretation.H&LP will also identify how the alleged error(s)affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached,the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution.H&LP,in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached,the agency and consultant may seek settlement by arbitration or by litigation. Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s)on a consultant agreement.The following procedures should only be utilized on consultant claims greater than$1,000.If the consultant's claim(s)are a total of$1,000 or less,it would not be cost effective to proceed through the outlined steps.It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total$1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1—Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work,they may be entitled to a claim.The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars,overhead costs,profit and reimbursable costs associated with the additional work;and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2—Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1,the next step in the process is to forward the request to the Agency's project manager.The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim.If the FHWA is participating in the project's funding,forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer.If the claim is not eligible for federal participation,payment will need to be from agency funds. If the Agency project manager,Director of Public Works or Agency Engineer,WSDOT Highways and Local Programs(if applicable),and FHWA(if applicable)agree with the consultant's claim,send a request memo,including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim.After the request has been approved,the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim.Inform the consultant that the final payment for the agreement is subject to audit.No further action in needed regarding the claim procedures. DOT Form 140-089 EF Exhibit K Revised 6/05 If the Agency does not agree with the consultant's claim,proceed to step 3 of the procedures. Step 3—Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim,the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars,overhead costs,profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s);and • Recommendations to resolve the claim. Step 4—Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim,or portions thereof,which may include getting Agency Council or Commission approval(as appropriate to agency dispute resolution procedures).If the project involves federal participation,obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim.If the claim is not eligible for federal participation,payment will need to be from agency funds. Step 5—Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify(in writing)the consultant of their final decision regarding the consultant's claim(s).Include the final dollar amount of the accepted claim (s)and rationale utilized for the decision. Step 6—Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim.Inform the consultant that the final payment for the agreement is subject to audit. Exhibit -1(a) Certification Of Consultant Proj ect No. Local Agency Spokane I hereby certify that I am Roger W.Flint and duly authorized representative of the firm of CH2M HILL,INC. whose address is 717 W.Sprague Ave,Suite 800,Spokane,WA 99201-3911 and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission,percentage,brokerage,contingent fee,or other consideration,any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT)to solicit or secure the AGREEMENT; (b) Agreed,as an express or implied condition for obtaining this contract,to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT;or (c) Paid,or agreed to pay,to any firm,organization or person(other than a bona fide employee working solely for me or the above CONSULTANT)any fee,contribution,donation,or consideration of any kind for,or in connection with,procuring or carrying out this AGREEMENT; except as hereby expressly stated(if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration,U.S.Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds,and is subject to applicable State and Federal laws,both criminal and civil. Date Signature DOT Form 140-089 EF Exhibit M-1(a) Revised 6/05 Exhibit M-1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Spokane Valley Washington,and that the consulting firm or its representative has not been required,directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to (a) Employ or retain,or agree to employ to retain,any firm or person;or (b) Pay,or agree to pay,to any firm,person,or organization,any fee,contribution,donation,or consideration of any kind;except as hereby expressly stated(if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration,U.S.Department of Transportation,in connection with this AGREEMENT involving participation of Federal-aid highway funds,and is subject to applicable State and Federal laws,both criminal and civil. Date Signature DOT Form 140-089 EF Exhibit M-1(b) Revised 6/05 Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: A. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statues or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records,making false statements,or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal,state,or local)with commission of any of the offenses enumerated in paragraph(I) (B). of this certification;and D. Have not within a three(3)year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. Consultant(Firm): CH2M HILL,INC. (Date) (Signature)President or Authorized Official of Consultant DOT Form 140-089 EF Exhibit M-2 Revised 6/05 Exhibit ®3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: 1.No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency,a member of Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a member of Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed$100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant(Firm): CH2M HILL,INC. (Date) (Signature)President or Authorized Official of Consultant DOT Form 140-089 EF Exhibit M-3 Revised 6/05 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 1, 2011 Department Director Approval: E Item: Check all that apply: ❑ Consent ❑Old business ® New business ❑ Public Hearing ❑ Information ❑Admin. Report❑ Pending Legislation AGENDA ITEM TITLE: Motion Consideration: 2012 Annual Comprehensive Plan Amendment Docket GOVERNING LEGISLATION: The Growth Management Act (GMA) RCW 36.70A. PREVIOUS COUNCIL ACTION TAKEN: Administrative Report on October 25, 2011 BACKGROUND: The Growth Management Act (GMA) allows local jurisdictions to update comprehensive plans no more than once each year. The City codified this process in Section 17.80.140 of the Spokane Valley Municipal Code (SVMC). Consistent with state law and the SVMC, staff published notices at the end of August advising the public of the annual amendment process and that the City would be accepting applications for the 2012 cycle through November 1, 2011. Notice was also posted in the main reception area of City Hall, the Permit Center and at the Valley Library. Comprehensive Plan Amendments are divided into two categories - map amendments and text amendments (including charts, tables and graphics). Comprehensive Plan amendments may be privately initiated or proposed by City staff. Most privately initiated amendments deal with land use changes. Text amendments for 2012 will be limited to changes to Chapter 3: Transportation, Chapter 4: Capital Facilities, and Chapter 7: Economic Development. It is critical to update the Transportation and Capital Facilities elements annually due to GMA requirements for concurrency and for certain funding sources, such as Real Estate Excise Tax (REET). REET money can only be used for capital projects that are identified in the City's Comprehensive Plan. To date, staff has conducted five pre-application meetings for privately initiated amendment requests. Two applications have been received. OPTIONS: Approve, with or without modification, the proposed 2012 Comprehensive Plan Amendment Docket. RECOMMENDED ACTION OR MOTION: Motion to approve the 2012 Comprehensive Plan Amendment Docket BUDGET/FINANCIAL IMPACTS: N/A. STAFF CONTACT: John Hohman, P.E., Community Development Director Scott Kuhta, AICP, Planning Manager Attachment: 2012 Comprehensive Plan Amendment Docket Exhibit 1 City of Spokane Valley 2012 Comprehensive Plan Amendment Docket PRIVATELY INITIATED COMPREHENSIVE PLAN AMENDMENTS File Number Map or Text Summary of Amendment CPA-)0(-12 Land Use Map Pre-App, 16913 E Mission, LDR to MUC CPA-XX-12 Land Use Map Pre-App, 819 N Greenacres, TBD CPA-XX-12 Land Use Map Pre-App, 601 N. Conklin, MDR to HDR CPA-XX-12 Land Use Map Pre-App, 15712 E. Broadway, TBD CPA-XX-12 Land Use Map Pre-App, 805 N. Park, LDR to NC CITY INITIATED COMPRENSIVE PLAN SITE SPECIFIC MAP AMENDMENTS File Number Map Summary of Amendment CPA-XX-12 Land Use Map Garden Office Zone Revisions CPA-XX-12 Land Use Map Trent Avenue Zoning Revisions CITY INITIATED COMPREHENSIVE PLAN TEXT AND MAP AMENDMENTS File Number Map or Text Summary of Amendment CPA-)0(-12 Map 2.1 Chapter 2— Land Use: update the Land Use map; CPA-XX-12 Text Chapter 3—Transportation: include transportation Map 3.1 improvements developed in the 2011 development Map 3.2 cycle; CPA-XX-12 Text Chapter 4—Capital Facilities and Public Services: update 6-year TIP; ensure capital projects such as city hall, parks, and public works storage facility are included for the use of REET funding; CPA-XX-12 Text Chapter 7— Economic Development: update Map 7.1 Map 7.1 to reflect the latest Development Activity; Updated 10/19/11 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 1, 2011 Department Director Approval: El Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Convention Center Update GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: none BACKGROUND: Sandy Wade, Spokane Public Facilities District (SPFD) Board member, and Kevin Twohig, SPFD CEO, will give an update on the Convention Center. Sandy Wade: Sandy served as a member of the Public Facilities District Board from late 2003 through December 2011. During this period the current configuration of the Convention meeting rooms and Exhibit hall were completed. Kevin Twohig: Kevin Twohig is the CEO of the Spokane Public Facilities District. Kevin is a graduate of Gonzaga University. He has worked in Spokane's sports, entertainment, and meeting facilities since Expo 74 and had significant leadership roles in the development of the Spokane Veterans Memorial Arena, the Spokane Convention Center, and the INB Performing Arts Center. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS: PowerPoint Staying Competitive Creating Jobs Staying Competitive Creating Jobs A Comprehensive Approach • Convention Center Completion • Shoreline Enhancements • Arena Seating Upgrades 2 Staying Competitive Creating Jobs Cco)nwerricom Carter • More Demand for Meeting Space • More Events • More Competitive Destination TERRACE FLEX SPACE EXHIBIT HALL EXPANSION EXHIBIT HALL"A" -0 O O O 0 0 0 PRE-FUNCTION I • STORAGE PRE-FUNCTION MEETING ROOM MEETING ROOMS MEETING ROOMS 0 I- MEETING ROOMS ENTRANCE LOBBY BREAK ST ROOM 'AC BACK OF HOUSE STORAGE Staying Competitive Creating Jobs Shoreline Enhancements • Centennial Trail Improvements • More Public Access • Good Stewardship 5 / Approximately 350 Additional Seats Approximately 350 Additional Seats Stayiig Competitive Creating Jobs Arena Ser , Apgrades • Add 750 Seats • Retain Existing Events • Better Customer Experience 6 Staying Competitive Creating Jobs An Economic Driver • $ 173 Million Annual Impact • 800 New fobs • Add to Existing 2, 200 Jobs 7 Staying Competitive Creating Jobs No New Taxes • $65 Million Total Projects Cost • Uses Existing Sales and Bed Taxes • Visitors Pay a Large Share • April 2012 Vote 8 Staying Competitive Creating Jobs More Information • SpokanePFD .org / completion q J CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 1, 2011 Department Director Approval: ►1 Check all that apply: ❑ consent LI old business ® new business LI public hearing ❑ information ►/ admin. report ❑ pending legislation LI executive session AGENDA ITEM TITLE: 2012 Stormwater Grants GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: The 2011 State Legislature provided a $30,000,000 appropriation for statewide stormwater construction projects. Jurisdictions statewide covered by a NPDES Municipal Stormwater Permit may apply for funding through a competitive grant application process. Projects must be complete by the end of the next biennium, June 30, 2015. The City of Spokane Valley Stormwater Utility staff has listed several projects that would qualify for consideration by the State including: • New Decant (Vactor Waste) Facility • Projects eliminating municipal outfalls to Chester Creek and Glenrose Drainage • Sprague, Park to Thierman Swale Project Staff is requesting concurrence from Council to move ahead with the above grant applications. RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Requires a 25% local match which could come from the Stormwater Utility Fund or the Aquifer Protection Fund. STAFF CONTACT: Neil Kersten or Art Jenkins ATTACHMENTS: Ecology Grant Framework Flyer, Draft Stormwater CIP list of projects Framework for the FY 2012 Statewide Stormwater Grant Program September 9,2011 Capital Budget Statewide Stormwater Grants: $30 million Appropriation(less Ecology's administration) Appropriation Eligible Jurisdictions statewide covered by a Phase I or Phase II NPDES Municipal Stormwater Permit may apply for Applicants funding through a competitive grant application process. Eligible project or project components may include,but not be limited to: • Stormwater retrofit construction or design/construction of existing facilities. Eligible • Construction and design/construction of Low Impact Development(LID)techniques. Projects and • New or retrofit construction of Vactor Waste Facilities. Project • Installation of pre-treatment/Oil Control facilities upstream of existing drywells. Length • Stormwater quality treatment and flow control to reduce stormwater flows to combined sewers. • Installation of TAPE-approved General Use Level Designation treatment technologies. Projects must be complete by end of the next biennium,June 30,2015, • Construction projects must be constructed and implemented in accordance with Municipal Stormwater NPDES permit requirements. Capital • Consideration will be given through the competitive application process to communities that are: Budget o *least able to pay; or Appropriation o *early adopters of new regulations and effective new technology*. -,guage to • **Ceiling limits: $1 million per project;$5 million per jurisdiction. • Applicants must: Implemented o Demonstrate readiness to proceed in the o Provide a twenty-five percent cash-only match Application NOTE: * Points will be provided to applicants that meet the qualifiers listed above(for point structure, see Evaluation Criteria below). **Ceiling limits may be raised pending funding requests received. All eligible local governments applying for grant funding must demonstrate readiness to proceed. Elements Ecology uses for Readiness to Proceed determination are: • Well,developed Project Analysis Form(submitted as part of the application)in accordance with the Application guidance, or complete planning and design documents. and Technical Stormwater construction projects which meet the design guidelines contained in the Puget Sound LID Prerequisites Technical Guidance,Ecology's Stormwater Management Manuals for Eastern and Western Washington, or an Ecology-approved local government stormwater manual. • Rights-of-way or easements on local government properties are permitted. • Site access. • Environmental Review is complete(e.g. SEPA/SERP). • Cultural Resources Review is complete(Executive Order 05-05). The application is based on 1000 points total. Listed below is the point structure for 7 scored questions: • 300 Points- Water quality protection,restoration,improved hydrology, and other positive impacts. • 250 points- Scope of Work—Overall quality of project proposed. • 150 points- Readiness to proceed. Evaluation 100 points- Project Budget. rriteria • 50 points- Project development,prioritization, and partnering. • 50 points- Project Team. • 50 points- Early Adopters of new regulations and effective new technology. • 50 points- Hardship communities. Page 1 of 2 Framework for the FY 2012 Statewide Stormwater Grant Program September 9,2011 Ecology's The FY 2012 Statewide Stormwater Grant projects on the Final Offer and Applicant list that are located in the Federal Puget Sound region will be used as a match to the Environmental Protection Agency(EPA)—National Estuary 'latching Program(NEP)Federal Grant. All Federal requirements of the NEP grant will apply to the Puget Sound Requirements region stormwater grant projects selected for funding. • Construction for new development or redevelopment,construction projects for potential growth. • Construction projects solely on industrial or commercial properties. • Projects located at lessee-operated facilities on Port property, which are required by a lessee's industrial permit requirements. • Flood control projects. • Stream restoration projects. • Land acquisition** • Non-stormwater related portions of large projects that have a stormwater component. [neligible • Vehicle wash down areas. Projects • Contaminated soil or sediment removal. • Operation and Maintenance activities. • Equipment purchase will be considered on a project-by-project basis. • Treatment of process water(e.g.Projects where process water and stormwater are combined). • Installation of new technologies that are in TAPE(Treatment Assessment Protocol—Ecology)or going through the TAPE process for Pilot Level Use Designation(PULD)or Conditional Use Level Designation (CULD). • Monitoring of emerging technologies. **NOTE: Proposed land acquisition must be solely for the stormwater collection,flow control,or treatment • August 17 -26,2011 —Financial Assistance Council and Internal stakeholder review of DRAFT Framework • September 16,2011 -Funding documents and application posted to Web site • September 14-22,2011—Funding Workshops—Spokane,Ellensburg,Everett,Lacey Timeline • September 16—November 18,2011 —Application period • November 18,2011 -January 15,2012—Application review, rating,ranking • January 16,2012—Draft Offer List Posted • January 16—January 30,2012—Public Comment Period • March 2,2012 Final Offer List Posted, Offer Letters mailed • March 5,2012—Contract negations begin 2011 Capital Budget Appropriation Language NEW SECTION. Sec. 3041. FOR THE DEPARTMENT OF ECOLOGY Statewide Storm Water Projects (30000294) The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for construction projects or design/construction projects statewide that result in the greatest improvements necessary to meet national pollution discharge elimination system requirements for communities least able to pay for those projects or for jurisdictions who are early adopters of new regulations and effective new technology. The department must develop specific evaluative criteria to award grants on a competitive basis to projects that meet the policy objectives in this section, demonstrate readiness to proceed and have a minimum cash match of twenty-five percent. Appropriation: $30,000, 000 Page 2 of 2 # Project City of Spokane Valley Department of Public Works Stomiwater Capital Improvement Plan - Unfunded List Purpose and Need Description of Work Possible Funding Sources 1 2 3 SW Decant Facility Annual Stormwater Repair and Upgrades 4 Spokane River Regional Toxics Task Force(SRRTTF)Study 5 6 Spokane River Regional Toxics Task Force(SRRTTF)Compliance Improve operation/maintenance; Lengthen infrastructure service life; Aquifer protection;Surface water protection; Regulatory compliance(NPDES,TMDL,UIC) Street preservation and flooding prevention; Aquifer protection; Regulatory compliance(UIC) Regulatory compliance(NPDES) Build facility to process catch basin debris and water from cleaning operations. Includes installation of concrete pad(s),walls,treatment facilities and connection to sewer or on-site system,and install possible open-sided shed structure. Replace and upgrade existing failing drywells at various locations throughout the City on an annual basis. Install catch basins and swales or other treatment facilities where possible. Participate in the formation and on-going functioning of the Task Force. Participate in funding Task Force activities relating to Stomiwater.Participate in any technical sub- committees that may be formed by Task Force, as appropriate. Bettman Dickey Storm Drainage Improvements Pump Station Upgrades(4 locations) Regulatory compliance(NPDES) Requirement(s)as a result of the Task Force Study Flood damage prevention; Improve operation/maintenance; Regulatory compliance(FEMA,UIC); Aquifer protection Pipe or ditch flows from the drainage located near 14th and Bettman to 11th and Dickey. Expand City-owned property at 11th and Dickey for the storage,treatment,and discharge capacity to ground. Arterial street flooding prevention; Improve operation/maintenance Regulatory compliance(NFPA) Install remote telemetry,update equipment and install back-up systems for existing stormwater pumps,provide possible pre-treatment to swale,construction of retrofits for 30-50 year service life. Ecology Grant SW Fund APA Estimated Cost* (In Thousands) X X X X X X X X X X X X X 300-750 100-200/year 100-200 150-200 10/25/2011 Page 1/4 *Costs are planning level estimates. # Project Purpose and Need Description of Work 7 8 9 10 11 Chester Creek Floodway Maintenance, Schafer to Thorpe Road, including Forest Meadows Pond Chester Creek Floodway Maintenance, South of Thorpe Road(Outside City Limits) Chester Creek Infiltration Basin Upgrade(s) Sprague,Park to Theirman 12 13 14 Bowdish,32nd to 20th SD Improvements 14th Avenue(near Carnahan) Surface Water Diversion Ponderosa Surface Water Diversion Havana-Yale Diversion 10/25/2011 Flood damage prevention; Improve operation/maintenance; Regulatory compliance(FEMA) Flood damage prevention; Improve operation/maintenance; - Regulatory compliance(FEMA) Flood damage prevention; Improve operation/maintenance; Regulatory compliance(FEMA) Arterial street flooding prevention; Aquifer protection; Regulatory compliance(UIC) Arterial street flooding prevention; Improve operation/maintenance Aquifer protection; Regulatory compliance(UIC) Surface water protection; Regulatory compliance.,.(NPDES); Improve operation/maintenance Surface water protection; Regulatory compliance(NPDES); Improve operation/maintenance Determine areas requiring sediment/debris removal,receive property owner permission, pursue and receive regulatory permit(s), contract to excavate and mitigate as req'd. Determine areas requiring sediment/debris removal,receive property owner permission, pursue and receive regulatory permit(s), contract to excavate and mitigate as req'd. Determine current capaci of infiltration pit located near Dishrrian-Mica and 28th Ave, provide routine'inspection and maintenance plan. Upgrade facility with suggested recommendations. Design and replace pavement outside main travel lanes with landscaped bio-infiltration cells or swales from Park to Theirman. Replace or decommission around 30 drywells. Install conveyance,treatment,storage,and discharge facilities to,improve Bowdish road corridor. Improve or decommission existing drywells., ?, Secure infiltration basin property route existing stormwater discharges currently going to Glenrose Drainage to new treatment facilities, and provide infiltration to ground. Route existing stormwater discharges currently going to the Chester Creek to project constructed treatment facilities,and provide infiltration to ground. Possible Funding Sources Ecology Grant X Surface water protection; Regulatory compliance(NPDES); Improve operation/maintenance Investigate possible discharge to City of Spokane Sewer System. Route stormwater discharges out of Spokane sewer and to treatment facility,and provide infiltration to ground. Page 2/4 X X SW Fund X X X X X X X APA X X X X X Estimated Cost* (In Thousands) 80-150 90-160 20-?? 630-1000 500-600 150-300 180-250 150-300 *Costs are planning level estimates. Street preservation and flooding prevention; Improve operation/maintenance # Project 15 16 17 18 19 20 21 22 23 Gienrose Pond and overflow preservation @ Carnahan Broadway,Havana to Fancher SD Retrofit Veracrest Groundwater/Stormwater Conveyance Sloan's Addition(15th/Stanley) Groundwater/Stormwater Conveyance Montgomery,Argonne to Mansfield Retrofit Sullivan,Spokane River to Wellesley Retrofits Dishman-Mica,16th to Appleway Retrofits Argonne,1-90 to Montgomery Retrofits Heather Park(16th&Rocky Ridge) SD Improvements 10/25/2011 Purpose and Need Description of Work Surface water protection; Flood plain preservation; Improve operation/maintenance Arterial street flooding prevention; Improve operation/maintenance Aquifer protection; Regulatory compliance(UIC) Street preservation and flooding prevention; Improve operation/maintenance Arterial street flooding prevention; Improve operation/maintenance Aquifer protection; Regulatory compliance(UIC) Purchase properties or easements to secure and maintain the floodway and floodplain. Possible development of a Park or Greenspace. Install treatment. Improve or decommission existing drywells. Secure conveyance and treatment easement(s),install groundwater drains,install pretreatment and stormwater pipe,connect to existing Stormwater Treatment Ponds Secure conveyance and treatment easement(s),install groundwater drains,install pretreatment and stormwater pipe,connect to existing Stormwater Treatment Ponds Possible Funding Sources Ecology Grant X Install treatmen existing,drywell mprove or decommission. Arterial street flooding prevention; Improve operation/maintenance Aquifer protection; Regulatory compliance(UIC) Install treatment. Improve or decommission existing drywells. Arterial street flooding prevention; Improve operation/maintenance Aquifer protection; Regulatory pcompliance(UIC) Arterial street flooding prevention; Improve operation/maintenance Aquifer protection; Regulatory compliance(UIC) Street preservationrand flooding prevention; Improve operation/maintenance Install,treatment. Improve or decommission existing drywells. Install`treatment. Improve or decommission existing drywells. Secure conveyance and treatment easement(s),install groundwater drains,install pretreatment and stormwater pipe,connect to existing Stormwater Treatment Pond(s) Page 3/4 X X X X SW Fund X X X X X X X X X APA X X X Estimated Cost* (In Thousands) ??? 600-1000 250-350 X X X X X 200-300 600-1000 600-1000 120-400 200-300 200-300 *Costs are planning level estimates. Sprague,Willow to Bowdish Treatment Project Supports stormwater purpose and need of project(s)listed xisting drywells. # Project Purpose and Need Description of Work 24 25 26 27 28 29 Fancher,Sprague to Trent Retrofits Floodplain Risk Mitigation Projects (Chester,Folker,Saltese,Central Park,Glenrose Drainages) Industrial Zoning Retrofits(Multiple Location/Year) Petroleum Transport Routes,Spill Protection Strategic Property Acquisition 30 31 Wellhead Protection Projects Pipeline Spill Response Plan 32 Arterial street flooding prevention; Improve operation/maintenance Aquifer protection; Regulatory compliance(UIC) Flood damage prevention; Improve operation/maintenance; Regulatory compliance(FEMA) Street flooding prevention; Improve operation/maintenance Aquifer protection; Regulatory compliance(UIC) Aquifer Protection; Regulatory compliance(UIC). Aquifer Protection; Regulatory compliance(UIC) Install treatment. Improve or decommission existing drywells. Projects to improve flood storage or conveyance capacity in floodplains. May include development or updating watershed plans and conveyance studies. Install treatment. Improve or decommission Identify major petroleum transport routes,size and install spill'protection on existing city drywells on those routes.,, Acquisition,,and reservation of stormwater propediei or easements to support future roadway projects as identified through study or design. Projects to protectwater purveyor's wells` possible contamination from stormwater infiltration systems. Om Sprague,Park to Willow Treatment Project Aquifer Protection; Regulatory compliance Street flooding prevention; Improve operation/maintenance Aquifer protection; Regulatory compliance(UIC) Street flooding prevention; Improve.,operation/maintenance Aquifer protection; Regulatory compliance(UIC) Coordinate other agencies to develop or update pipeliine,spill response plan. Complete previous Spokane County phased project that pipes"stormwater to vaults in University Avenue,acquire treatment facility, install new pump station,and decommission rywells: Regrade existing landscaping and construct curb cuts to accept stormwater for bio- infiltration swales,improve and adjust existing drywells. 10/25/2011 Page 4/4 Possible Funding Sources Ecology Grant X X X X X SW Fund X X X X X X X APA X Estimated Cost* (In Thousands) X X X X X X X 600-1000 2000? 1000? 1000? 100/year? avg 70/year? 1000? 1000? *Costs are planning level estimates. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 1, 2011 Department Director Approval: El Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑information ® admin. report ❑pending legislation ❑executive session AGENDA ITEM TITLE: Economic Development Update GOVERNING LEGISLATION: Various state statues apply to some elements of economic development. The November 1 discussion is an update from the July presentation PREVIOUS COUNCIL ACTION TAKEN: Council discussions on this subject occurred at the 2- 9-10 retreat, the 6-14-11 retreat, and a presentation was made to council at the 7-5-11 Council meeting. BACKGROUND: On several occasions, Council has discussed the need to develop long and short term Economic Development goals. Staff is bringing an update to council at this time with a summary of previous discussions, current economic development strategies, and current developments and steps for moving forward. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Mike Jackson, City Manager; John Hohman, Community Development Director ATTACHMENTS: PowerPoint presentation p Valle Y L © © * newo, npracertl Upor, aW _-- _ -- - - *ManeValle Economic Dei&opment Presentation Overview • Summary of Previous Discussions ➢ Current Economic Development Strategies ➢ Recent Development Activity ➢ Next Steps 1 L- Splikane Valle Economic Development Summary of Previous Discussions Coma Retreat • Identified Spokane Valley Strengths and Challenges Relative to Economic Development • Brainstormed short and long-term action items EconOrliik Development Council Presentation Economic development in general • Current City ED activities • Partners in economic development •Sampling of Economic Development Options 3 S""okan Economic Development PValle Current Economic Development Strategies Attended the Northwest Economic Dove prent Course +Cities must have an efficient and predictable permit process — one of the most important site selector factors for companies +Work with regional economic development partners +Strategies for effective business retention/ expansion 2 Spokane Economic ®eves®pm nt .Valley* Current Economic Development Strategies Roadmap for Enhanced Permitting •e• Meet with staff to identify expectations ❖ Staff Organization changes • Organize forms and procedures ❖ Improve communication with the development community + Planning Division prioritization Expand Express Permitting + Implement counter plan review • Review and revise development regulations Relocation of Permit Center • Implement permit tracking system •o• Implement performance measures ❖ Staff coaching and customer service training. s S`�T`okane Valley ----------- -- - P Ecori ©mk Development Current Economic Development Strategies Sprague/Appleway Directional Signs +Inventory Completed +Program Updated Letters sent to business owners +Obsolete Signs have been removed +Several updated signs installed 6 3 Spokane ��Valley` Economic Development Current Economic Development Strategies SEPA Reform Is on the 2012 Legislative Agenda Department Staff is currently working with the City's Lobbyist to provide input at the state level GS! Small Business Council Working with small business owners to improve change of occupancy codes 7 S"T'Wane p .00Valle Economic. Economic Development Current Economic Development Strategies City? Staff conduct meetings with Regional Partners Greater Spokane Incorporated °Greater Spokane Valley Chamber of Commerce +Convention and Visitors Bureau Spokane Regional Site Selector International Trade Alliance Spokane Valley Arts Council 4 Spokane d„ OValley Economic Development Recent Development Activity New Permitted Businesses/Buildings ❖Wal-Mart ❖Panda Express at Sprague and Carnahan ❖Spokane Teachers Credit Union ❖Cotton Dental ❖Kidsmile Dental ❖Subway at Wal-Mart ❖American Recycling ■ Enterprise Rent-a-car 9 E __-- Spokane Economic Development :-�Valley° Recent Development Activity New Tenant hinprovernents ❖O'Doherty's Irish Pub +McDonald's at University, Havana, Argonne, +Safeway ❖JCPenneys ❖H&R Block +Wells Fargo Bank ❖old Country Buffet +Caruso's Sandwich Shop io 5 Spokane - ---- - - -- � %'Valley' Economic Development Next Steps Short Term +Continued Meetings with Regional Partners •I•Continued work on Code Amendments and other Road Map items •e•Implement new permit tracking software +Relocation of Permit Center +Add Economic Development to City's Business Plan ❖Update City web page, provide information, brochures 11 Spokane Walley Economic Develop lent Next Steps Long Term +Complete an economic development plan for the City +Process 2012 Comp Plan Amendment to revise Economic Development Chapter 12 6 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: Nov 1, 2011 City Manager Sign-Off: Check all that apply: ❑ consent ❑old business ❑ new business ❑ public hearing ❑ information /1 admin. Report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Railroad Quiet Zones GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Discussion at 10/26/10, 12/7/10, 3/22/11, 7/26/11, 8/9/11, 8/23/11 Council Meetings. At 8/23/11 meeting a contract to engage the engineering firm of DEA for design work for a Quiet Zone at the UP Park and Vista crossings received less than a majority vote, and staff was instructed to do further research including a look at all crossings within the city. BACKGROUND: The examination of quiet zones was initiated by a petition by citizens in the area of the UPRR Park and Vista crossings. Staff was subsequently asked to prepare a possible contract with a qualified engineering firm to perform the detailed design work needed to convert the two crossings into a whistle free quiet zone. Such a contract was placed upon the council agenda for the Aug 23, 2011 meeting. The proposed contract was with David Evans and Associates (DEA) in the amount of $82,551. This amount is not currently budgeted. The contract failed to receive a majority vote at this meeting. Staff was asked to do additional research including, the possible use of wayside horns, and a review of,all major railroad crossings within the city. Attached is that report. OPTIONS: Council direction: (1) Further research; (2) No further action at the present time, or, (3) Pursue a specific option. RECOMMENDED ACTION OR MOTION: None BUDGET/FINANCIAL IMPACTS: Creation of quiet zones or use of wayside horns will require capital expenditures well in excess of$100,000, not currently funded. STAFF CONTACT: Roger Crum, Interim Deputy City Manager; Neil Kersten, Public Works Director; Inga Note, Senior Traffic Engineer ATTACHMENTS: 1. Summary Memo 2. Quiet Zone Briefing SCITI okane Valley 11707 E Sprague Ave Suite 106 ® Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ® cityhall @spokanevalley.org Memorandum To: Mayor& Council From: Roger Crum, Interim Deputy City Manager CC: Date: Oct 27, 2011 Re: Railroad Quiet Zones This memo is a summary of the full briefing which will be given at the City Council study session on November 1. On August 23, 2011, the City Council considered a contract with David Evans &Associates (DEA) for $82,551 to perform detailed design analysis of the Union Pacific (UP) rail crossings at Park and Vista Roads with the intent to convert them into 'Quiet Zones' where the train whistles would no longer be used. The Council voted not to proceed with the DEA contract, but asked staff for additional information on the applicability of Quiet Zones throughout the City of Spokane Valley, and the possible use of wayside horns in lieu of train whistles. This report is in response to that request. Approach This is intended to be a layman's examination of the Quiet Zone issue. No attempt has been made to perform an engineering analysis or specific cost analyses, for which I am not qualified. Inga Note, Senior Engineer for Traffic, is very knowledgeable on the subject and can address more detailed questions if needed. For purposes of this analysis, I attempted to answer the following questions: 1. What is a Quiet Zone and how can it be implemented? 2. What are approximate implementation costs of Quiet Zone techniques? 3. Are 'Wayside Horns' a viable and less expensive alternative? 4. Are there other railroad crossings in Spokane Valley which should be considered? 1 Quiet Zones(QZ) Quiet Zones are simply grade level highway crossings of railroad tracks which have implemented traffic warning and control devices which have been certified by the Federal Railway Administration to be safe enough that a train whistle is not required. Unless there is a certified Quiet Zone or certified Wayside Horn system, locomotive engineers are required by law to utilize on-board whistles prior to each grade crossing. The laws pertaining to QZ's are detailed and complex and are contained in a 53 page Federal Register dated August 17, 2006. These regulations were adopted in 2005 after a multi-year review of crossing safety. For our purposes the important fact is that these regulations totally preempt any local control, and neither local jurisdictions nor the railroads may deviate from them. Creating a new Quiet Zone is consequently a long and complex process. Even the filing of intent by the local jurisdiction is complex. Only fully 'engineered solutions' are permitted, and a specific safety analysis must be performed in conjunction with the railroad before approval. All Quiet Zones must be at least a half mile in length. For a certified quiet,zone the following are. considered eligible fixes for each grade crossing. They are referred to as Supplemental Safety Measures (SSM's) in the regulations: 1. Full closure of the street. 2. A full featured 'four-quadrant gate' system (all lanes in both directions) 3. A full featured 'two-quadrant gate' system (all lanes in the direction of travel) plus traffic channelization to prevent traffic from going around the gates. 4. Converting street to one-way plus a full featured gate system. 5. Closure of the street during a portion of the 24 hour day(usually at night.) Other than street closures, these solutions can be expensive. A new 'four-quadrant' gate system will cost from $300,000 to $500,000. A new 'two-quadrant' gate system where none exists may be in the range of $200,000. Channelization and median costs vary greatly, but usually are the least expensive solution, if feasible, where a full featured gate system is already in place. It should be noted that medians or channelization require a minimum of 60 feet distance from the gate to the nearest intersection or commercial driveway. (Many of our crossings do not have that 60 feet.) Wayside Horns An alternative to Quiet Zones is the use of a `wayside horn' in lieu of the on-board train whistle. There are several companies manufacturing and installing theses devices. One of them, Quiet Zone Technologies, out of Texas, has provided the City with some excellent information. 2 Under the Federal Law, wayside horns may be used on a crossing by crossing basis, as a one for one substitute for the train whistle. Thus, although the installations must be certified, they do not have to be in an official quiet zone. Wayside horns are installed on poles adjacent to the crossings and are directed at the on- coming traffic lanes. They sound a simulated train whistle towards the traffic, but are far more directional than on-board train whistles. There must, however, also be horns directed at side street traffic if adjacent to the crossing. Most importantly, wayside horns may only be implemented where there is an existing full featured gate and warning system with proper interconnect. While individual horn installations may range from $30,000 up, a full crossing installation with the necessary gate upgrades will normally exceed $100,000. If the funds were available,wayside horns could be a viable alternative for a few of our intersections. Review of Crossings There are two main east-west track routes in Spokane Valley, Union Pacific (UP) and Burlington Northern Santa Fe (BNSF). Union Pacific currently operates fewer than ten daily trains through the city, while BNSF operates about 50 trains, with more than 25 considered through trains. There are eight at-grade traffic crossings on UP lines within the City and two more in Millwood. There are seven at-grade traffic crossings on BNSF lines within city limits. There are several side tracks in industrial areas, and a little used north-south route in the,City, but these were not examined as part of this analysis. A full review of these crossing with pictures is contained in the attached briefing. A synopsis is as follows(the numbering system is entirely my own and merely counts from west to east): 1. UP-1 Park Rd - Part of original petition. Unfortunately does not have an existing gate. A'QZ'or wayside horns would first require installation of a full gate system. 2. UP-2 Vista Rd-Part of original petition. Possible candidate for wayside horn. 3. M-UP-1 (Millwood) Marguerite—Has no existing warning system or gates 4. M-UP-2 (Millwood)Argonne—Would require new quad-gate system 5. UP-3 Montgomery (west)—Commercial area 6. UP-4 Montgomery(east)—Commercial area, Fire Station 7. UP-5 Pines Rd at Indiana—High traffic, freeway adjacent, commercial area 8. UP-6 Mirabeau Parkway at Indiana—Would require multi-lane quad gate 9. UP-7 Flora Rd—Open industrial area 10. UP-8 Barker Rd—'Tee' Intersection with Euclid, possible candidate for wayside horn 11. BN-1 Park Rd—Existing medians. Possible candidate for`QZ' 12. BN-2 Vista Rd—Existing two-quad gate. With medians, possible candidate for'QZ' 13. BN-3 University—Existing `QZ' utilizing extended medians. 14. BN-4 Pines Rd at Trent—Difficult intersection, some residential and commercial 15. BN-5 Evergreen Rd at Trent-Kaiser access, mostly open industrial 16. BN-6 Flora at Trent—Mostly open area 17. BN-7 Barker at Trent—Little residential, heavy truck traffic 3 Summary The original petition for a Quiet Zone at the Union Pacific crossings at Park and Vista would be expensive to implement ($300,000+?) due to the lack of a gate system at Park Rd. If an opportunity arises to procure safety funding to add a gate system at Park Rd in the future,quiet zone options could be reconsidered. If city capital funds were available, the Vista crossing could be a candidate for a four-way wayside horn system. The BNSF crossings at Park and Vista would seem to offer the most cost-effective opportunity for a full quiet zone, which could extend to include the existing quiet zone at University. A preliminary engineering analysis by a qualified firm would be required to determine if this option is feasible and what the costs might be (prior to committing to a full design study.) If capital funds were available, the UP Barker Rd crossing might be a candidate for a three-way wayside horn system. If installed, however,the horn facing the eastbound Euclid traffic would appear to be also pointing directly at the adjacent residential area. An existing long range goal of the City is, and should continue to be, to provide grade separation (overpass/underpass)for Park, Pines and Barker Road BNSF crossings for traffic flow and safety. This would also obviously remove the need for whistles to be used in those areas. While performing this review it was apparent that train whistles can be very intrusive on residential life,and it would be desirable to make all crossings into Quiet Zones. Unfortunately the cost to the City to do so is currently prohibitive. Consequently this report has tended to focus on those areas which might have the highest benefit to cost ratio. Without a detailed analysis,this means balancing the cost of the solution for a-given crossing against the frequency of train travel and the number of citizens benefitted by that specific action. Realizing that whistle sounds travel long distances, prioritizing is still an imperfect process. 4 Railroad Quiet Zones '� Nov 1, 2011 +°L t !i s: Background of Quiet Zones Siiiikatie Defined and Regulated by Federal Railroad Administration (FRA) Extensive Rewrite with Final Rule in 2005 Pre-empts all local regulation Mandates Train Whistle Use Except » When a certified local 'Quiet Zone' is created » Or when specific type of'Wayside Horns' are used 1 Instructions to Engineer , e� Of no Quiet Zone) 'Mi1Eey Locomotive Horns must be sounded 15-20 seconds before entering all public grade crossings, but not more than one-quarter mile in advance Two Long — One Short— One Long - Repeated as necessary until locomotive clears the crossing Engineer may do more based upon their judgment Train Whistle must be between 96 — 110 Decibels What is a Quiet Zone? Sin Authorized to be established by Local Government Must include all crossings for at least one-half mile Must not raise 'Risk Threshold' above 'Nationwide Significant Risk Index' (Specific analysis required) Usually includes multiple crossings and average risk index calculations over that length of track Must be professionally engineered and use specific technology Must be installed by Railroad at 100% Local Expense 2 How do Railroads Feel about QZ's? tk►, Quote from Union Pacific web site: » "Union Pacific believes quiet zones compromise the safety of railroad employees, customers, and the general public." What Techniques Allowed? Spokane� Referred to as Supplementary Safety Measures -SSM Zone without Wayside Horns) Closing of Street—Temporary or Permanent Four Quadrant Gates (all lanes, both directions) Two Quadrant Gates with Medians/Channelization (Must have at least 60 ft of median from gate to intersection or driveway) One Way Street with Gates All Gates must fully cover lanes, have 'constant warning', flashing lights, sensors, power out systems, etc. Extensive analysis and certification process required for all 3 Four Quadrant Gate141I}ey 1; _ -_ _z.. _ _ .i57: NI'A-• Four-Quadrant Gate ,. A., , ...., , . •,..:„., _.. ...„,„'k i 11 1 = i; )4__ , 1 i' i 1 - -.....eitagabiC.---- 1 SF0k2'?-C`' Median Requirements «lley Gates with Medians or Channelization Devices Near Parallel Roadways 60'Minimum Lenz.i. 1 1 I 6o C. i C� L J - 100- 1 " > 1 1 II 4 Median Curb Requirements k -• (From Quiet Zone Technologies) A«lle} L:,;-, Non-traversable Curb ''.`P- '' --',—I r..,\, `I_ I o j i 5 ‘c1 l%,-.'7-� .� Curb must be six inches or greater - J Costs of SSM's per Crossing Spokane (Union Pacific Estimates) Basic Active Warning System (Two-Quadrant Gate with all required features) - $185,000 - $400,000 Four-Quadrant Gate Systems - $300,000 - $500,000 Basic Interconnect - $5,000 - $15,000 Annual Maintenance Fee - $4,000 - $10,000/year 5 Siiiikane Wayside Horns Specifically approved horns may be mounted at the crossing, pointed at all approaches within 60' o Crossing must have 'two quad' gate/light system with all safety features If a certified wayside horn is installed at a crossing, then it substitutes for the train whistle at that crossing. Not required to be in a full 'Quiet Zone' City responsible for cost, annual maintenance, and liability Initial costs including signal upgrades usually $100,000+ per intersection for simple system. Wayside Horn Installations � (From Quiet Zone Technologies) ;,11blley , p _.. Quiet Zone Indicator iga ----- -1 , 4 mt I it 1 ,1 ti 4 E- :._ j 'wayside Horn 6 Train Horn Contour (From Quiet Zone Technologies) Ablk3 •Train Horn Contour ' ri., 'Trir�yti' V,'? _ __- — 1F } t3�,4 S Y '-A.a if V R+• 1 r{ If f1i .9...0„).71,t.:,,,71/:•i,,./.14 J / 1' ir / i iM, ' +Z j rriv. '-• k.- • i: '...--, . 4. 441 1,-.7 .c. ■_. 'k t,Sr c j A. ..,, aw, ; ' / '. .1,•_ -4-11%,,t1.,- 1,47 - *1'v''':'7'. '' AN",' r- ` r' �` , ,z e-.1.. ....8 .1 .4 r '. ±_ ytyN iii 1 vj Wayside Horn Sound Contour 1e__ (From Quiet Zone Technologies) � 1'alle3, ®: ■ aascnnassomszace. > ■ Wayside Horn Sound Contour ' ; �- • T a t 1 rr P- ' 42::4,1 ,, .S', 71!);11*.;,. Y . A �v-.,;,'")..� i ice ! � �i • Vi,,,/: 1 ) � d7 + 'If __ r '`.4.4F. ,,,...14^' ry 3r' "4-, a.' Grp /• ��y J ��yyy . J t j ,x �t?leo h-r � 3 7 Primary RR Grade Crossings Slidkaner B6 �i i : , �xiii . 4111.1 ■'1rrI � 'T; :u,,a _.0 `ice 4 le� _PI—! " �i ', �Cpk li7e' -3 y t cll� Il lit Mi i 5prxe..;c,. �!�'IIIII_ss_.a r»"�` l� l ' s 13. r Aril p3-r/` A!'l71 F P,.� L:c�' � lii if artlI�')h!I, _�- .at. 1, aiiiIiirir�� rrinialiP SIRE r i!� • `i+r1i mia`VP ;Rijn—!fit sirs solo I a ipr !f_ h Yll:�a .► r —ri ..?nit .mCla iVilla u to CZ EwSG : •r ' ; ijlWa'""z lrs� bJ1 MMILEIfiiii'iRu- ..,.P.r aP lkieras BNSF Line , s =1 �F r 71 1-14 `OL .,. UP tine l—.f, 'n _. 2`71'�1��T o 1,-.1 En '.t. `1laaihifl' -.a r V'v n ' UP-1 Park Rd Crossing ....sw»ey, I 3 -- l' . _� 'b'f ! . -'mac ' .ate Iv j� �- 1 , . ::.;giff.;: ,___., '.7, , r-- -,_-_..---'- ,-----:-.--_-_-;- ._ - _ -----2.__ , -� .ram Y � a .i ? 6 ' ' , : Ili-Jr . _ 8 Spoka ems' Review of UP/Park Rd Crossing Park Rd — Moderate use, two lane, flashing lights but no gates, Residential, Intersection adjacent To include in a Quiet Zone or to use Wayside Horns would first require installation of qualified two-quad gate system. Cost: $200,000? If a gate system were in place, adjacent road is too close for a median system to be used Options with gate installation: Wayside horn or Four quad gate. Total Cost: $300,000? UP-2 Vista Rd Crossing ,00Val le) Y. �l ly . o� " a a 9 M-UP-1 Marguerite Rd Crossing ,:- Millwood ‘biI' A. 1' � r Y 4/ j ' �.tazf 3 a M-UP-2 Argonne Rd Crossing spaane Millwood ,,o«1ky • ,. - 1. d - :-i{- !_- II PL - 10 UP-3 Montgomery (west) Crossing . e ii::- - \ Spokane UP-4 Montgomery (east) Crossing II . ` • a� 11 UP-5 Pines Rd Crossing Spokane _ • •fir'- _�� ■■ r< j F SpOkane UP-6 Mirabeau Pkwy Crossing • ,Ql _ 12 Siktkane UP-7 Flora Rd Crossing • t �, 13r l xk - ' ai .,,_) • • ` tic UP-8 Barker Rd Crossing • 13 BNSF-1 Park Rd Crossings y ti♦_ T(. X .stl,_e p .- -•�-'•s r1 lY F 3 Y Y a^+ ' § - G � X 7 Spoka e� BNSF-2 Vista Rd Crossing %Iley I CO e. ,1 • .tea. { ! .. m < s ~� - .I 14 BNSF-3 University Crossing sno e� (Existing Quiet Zone,Looking South) 151ley r. BNSF-3 University Crossing Spoka Q� (Existing Quiet Zone, Looking North) l'alley _, 31 t le '' ( i it L - . • 15 new BNSF-4 Pines Rd Crossing . , ift w "; ,- �� A ' - ® g,a s • ■ Somm BNSF-5 Evergreen Crossing e 4% ,....,,, , 1 'II ii =— ems-4„ �- z- --,-------1- rl. 16 Spokane BNSF-6 Flora Rd Crossing • •.;� ., a; I '. itAngaii • Spokane BNSF-7 Barker Rd Crossing «�y. t At • 17 Review of Crossings - UP spate e� Page 1 of 3 Malley () UP-1: Park Rd—Moderate use, two lane, flashing lights but no gates, Residential, Intersection adjacent, Median would not work » Assessment: Would have to have gates installed, then could use wayside horns or four-quadrant gates. Median does not work(Cost estimate$300,000 +) UP-2: Vista Rd— Light traffic, two lane, gates& signal, Residential, Intersection adjacent » Assessment: Vista Rd—Could use wayside horns or four- quadrant gates. Median does not work(Cost estimate $100,000 +) Review of Crossings - UP g Spokane Page 2 of 3 'M lley M-UP-1 &2: Millwood >' Marguerite, Light traffic, No pates or signal, Residential/Commercial, Intersection adjacent » Argonne: Heavy traffic, Four lane, Gates&signal, Business District, Intersection adjacent » Assessment: — Marguerite: Would need to be closed,or full new gate system added ($300,000+) — Argonne: Probably would need new four quadrant gate system($500,000?) UP-3: Montgomery Drive—Light Traffic,three lane,gate&signal, Industrial/Commercial » Assessment: Could be worked,but lower priority UP-4: E. Montgomery Drive—Moderate Traffic,two lane,gate&signal— Industrial/Commercial,Fire Station Driveway adjacent • Assessment: Could be worked,but lower priority 18 Review of Crossings - UP Page 3 of 3 �Ualley e UP-5: Pines Rd—Heavy traffic,Freeway access adjacent,four lane, gates&signal,Commercial » Assessment: Four quadrant gates needed, Difficult crossing/intersection, high cost QZ o UP-6: Mirabeau Parkway—Moderate traffic,four lane,gates&signal, intersection with Indiana,Commercial » Assessment: Four quadrant gates needed—Difficult crossing/intersection,high cost QZ UP-7: Flora Rd—Light traffic,two lane,gates&signal, Industrial Zone » Assessment: Easy to work with, but very low priority UP-8: Barker Rd—Moderate Traffic,two lane, gates&signal, intersection with Euclid adjacent—some residential » Possible candidate for QZ. Median doesn't work. Wayside horns(three direction)or four quadrant gates(Cost estimate$100,000++) Review of Crossings - BNSF Spokane Page 1 of 2 B-1:Park Rd—Moderate traffic, Four lane, Existing Medians,Three Tracks, Two sets of signals&gates, Commercial&Residential, Trent intersection close » Possible QZ candidate using medians—would need further analysis,Has existing medians(Cost$50,000+?) B-2: Vista Rd—Light traffic,Two lane+turn,Two separated tracks,Two sets of signals&gates, Commercial&Residential,Trent intersection close » Possible QZ candidate using medians—would need further analysis,(Cost estimate$100,000+?) B-3: University—Moderate Traffic,two lane, Median, Two separated tracks,Two sets of signals&gates, Residential, » Pre-existing Quiet Zone Note: For further analysis,these three intersections should be looked at together for the calculation of an average Risk Index and a possible single Quiet Zone 19 Review of Crossings - BNSF sps>---"N_- Page 2 of 2 Valley. o B-4: Pines Rd-Heavy Traffic,four lane, gates&signal,Trent intersection adjacent, Commercial » Assessment: Some residential in area. Difficult crossing/intersection » Future grade separation candidate B-5: Evergreen Rd at Trent-Light traffic,two lane, gates&signal, Industrial, No residential » Assessment: Could be worked,but lower priority B-6: Flora Rd at Trent-Light traffic,Trent intersection adjacent, two lane, gates&signal, Industrial, No residential » Assessment: Industrial,No residential-Low priority B-7: Barker Rd at Trent-Heavy Traffic,Trent intersection adjacent, two lane, gates&signal, Primarily open industrial, some residential outside city to north » Assessment: Could be worked,but lower priority » Future grade separation candidate Potential Quiet Zones/Horns 11 t J -2 ,n".. °F , � B-6 [w_pa.pit a1r or ; U-1 M 1"a l. 4 .111ti�1 1_r"�� ipaAaoe r !i'.airrp� -- 1 i I .r . l...,-.••=1 Il `+� .`+_ z■ --- yam.. °E.s r isil— -,07.7.74,.„.,-001-141-7 T alt i i♦ h_� y = _ re J,IQl/-� .1117--.,_Ciii +W1E Al I 1 !4�-- ir'�w-�. vs.1, g -IS 'Fy ass.-_asulF 1 a r>!�b • U. . fr.17_1—�i` �,� i Z1431N �P V•�51P� ■ail •■i1• �l 0 - rte_ � .u:�itli.�■�.aa..1..��i-.i�li.��31r7��ti��'' SIEMIrp.�-W =W .1�^!!iii iN lM!EJpMiiP.ep - 3FIS C:�R t' giIS�-JTfIP=°II 'InIEi IC114■l"■d11�a�7 ll�u�>; ' NfiliCr,� li' �I.'7<. ul 1'�::�a- 1e1I■i:. S Ii1lI11ARi� - R 1 1.) ` .*ill E_ gtM:Vardr P {��j��FU`ike a1 13NSF line J(� 11_—= --- ` .� UP Line ._r�..=_L A s `ia1i�%'a� :°' • DEL \a\_ 44i —. m .,0 20 Summary Spokanems' Walley c, Quiet zones are difficult & expensive to implement Railroads don't encourage them 100% of cost is charged to local government Cheapest QZ method (except for road closure) is use of medians with fully certified signals/gates o Alternative to a full QZ is use of'Wayside Horn' Recommendations Spokane Valley Quiet Zone candidates are UP and BN crossings on Park and Vista Rds and the UP crossing at Barker Although we started out looking at the UP lines at Park and Vista, the BNSF crossings in the same area may be less costly and have much higher daily train traffic Funding should be identified prior to significant design work Four Quadrant gates are best solution for arterials near intersections, but cost over$300,000 per crossing Professional assistance is mandatory if we are to proceed. Could consider a small consulting contract to do a preliminary analysis of the BNSF crossings at Park and Vista 21 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 1, 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: Governance Manual Discussion GOVERNING LEGISLATION: Resolution 10-020 PREVIOUS COUNCIL ACTION TAKEN: Resolution 10-020 adopted 12-28-2010 BACKGROUND: One of the City Clerk's annual duties is to examine the Governance Manual for possible revisions, and to present those suggestions to members of the Governance Committee. Prior to meeting with Mayor Towey and Councilmember Gothmann, City Clerk Bainbridge met with City Manager Jackson and City Attorney Driskell to go over proposed changes. After those meetings, staff and Mayor Towey and Councilmember Gothmann met to discuss revisions. As a result of those meetings we present the suggested revisions to the current Governance Manual: Chapter 1. All the information for council meetings is now contained in Chapter 1.This includes general meeting information, meeting rules and procedures, and everything associated with either a regular meeting (which includes the formal format, study sessions format and executive meetings), or a special meeting. Chapter 2 includes all the legislative processes and procedures, such as election of council officers, filling council vacancies, council travel provisions, and the telephone tree. Chapter 3 includes information on council contacts, such as citizen contacts and interactions (council receiving e-mails and letters from citizens), and staff contacts and interactions. Chapter 4. Hearings, whether general public hearings or the lesser used quasi-judicial hearings are all included under Chapter 4. Except for correcting a few minor typographical errors, there were not any changes from the previous Article 6 to the new Chapter 4. Chapter 5 includes the information on committees, boards and commissions including regional, in-house and private. Chapter 6 is simply our disclaimer. New Appendices include (a) definitions; (b) acronyms, (c) an index, and (d) forms. 1. Most of the exhibits and attachments found in Resolution 10-020 were moved and some were eliminated: Exhibit A-1 telephone tree memo was eliminated with the basic information moved to Chapter 2- legislative process, along with the tree chart. Exhibit A-2 telephone tree chart was updated and moved to Chapter 2—legislative process. Exhibit A-3 parliamentary procedure was updated and moved to the voting, motions and discussion section under meeting rules and procedures. Exhibit A-4 Legislative process flow chart was removed Exhibit A-5 concerning committees, was updated and moved to a separate chapter on Committees, Boards and Commissions. Exhibit A-6(1) Task Force/Town Hall Meetings Model, was eliminated as not needed or used. Exhibit A-6(2) Multi-Agency Task Force Model ,was also eliminated as not needed or used. Exhibit A-7 task force general chart was eliminated and the information on task forces moved to new Chapter 5, Committees, Boards and Commissions. Exhibit A-8 RCW 35A.13 was eliminated. Although this is the model our City uses for its form of government, any time a state statute changed, it would mean changing and updating the entire resolution. Exhibit A-9 Resolution 07-019 Core Beliefs was removed. Respect and decorum can be found under meeting rules and procedures in new chapter 1. Mayor Towey indicated he would like council to go through this manual one chapter at a time so that councilmembers can discuss the material,ask questions and make revisions. Once council is ready, the draft document will become an attachment to a new resolution for council approval consideration OPTIONS: Review and make changes as council deems appropriate. RECOMMENDED ACTION OR MOTION: No action at this time BUDGET/FINANCIAL IMPACTS: n/a STAFF CONTACT: Chris Bainbridge/Mike Jackson/Cary Driskell ATTACHMENTS: 1. Draft Governance Manual 2. Current Governance Manual DRAFT for Nov 1 council meeting S z' ' . CITY OF pokane .. Valley Governance Manual Resolution 11 - A Comprehensive Collection of Rules and Procedures Adopted Resolution 03-028 adopted 5-13-2003,replaced by Resolution 04-013 adopted 5-25-2004,replaced by Resolution 05-021 adopted 9-13-2005,replaced by Resolution 06-022 adopted 11-14-2006,replaced by Resolution 07-020, adopted 12-11-2007,replaced by Resolution 09-012, adopted 09-08-2009,replaced by Resolution 10-020, adopted 12-28-2010,replaced by Resolution 11- Page 1 of 44 DRAFT for Nov 1 council meeting TABLE OF CONTENTS CHAPTER 1: Council Meetings. 4 A. General 5 1.Time and Location 5 2. Open to the Public 5 3. Presiding Officer 5 B. Types of Meetings 6 1. Regular Meetings 6 a. Formal Format 6 b. Study Session Format 8 c. Executive Sessions 9 2. Special Meeting 11 C. Meeting Rules and Procedures 12 1. Council Rules of Order 12 2. Quorum 12 3.Attendance,Excused Absences 12 4. Respect and Decorum 12 5. Seating Arrangement 12 6. Dissents and Protests 12 7. Councilmember Meeting Participation by Telephone/Video Conference 13 8.Adjournment Due to Emergency or Disruption 13 9. Permission Required to Address the Council 13 10.Approaching the Dais 13 11. Out of Order Requests 13 12.Photographs,etc.Requiring Artificial Illumination Prior Permission Required 13 13.Voting 14 14. Motions and Discussion 14 Table of Parliamentary Procedure at a Glance 15 15. Ordinances 16 16.Resolutions 16 17.Reconsideration 16 18. Council materials/packets 17 19.Three Touch Principle 17 CHAPTER 2: Legislative Processes and Procedures 18 A. Election of Council Officers 19 B. Filling Council Vacancies 19 C. Legislative Agendas . 19 D. Council Travel Provisions 19 E. Telephone Tree 20 CHAPTER 3: Council Contacts 21 A. Citizen Contacts and Interactions 22 1. Mayor/Council Correspondence 22 2. Concerns,Complaints and Suggestions to Council 22 3. Administrative Complaints to Individual Councilmembers 22 4. Social Media 22 B. Staff Contacts and Interactions 23 1. Role of the City Manager 23 2. City staff Attendance at Meetings 23 3. City Clerk-Minutes 23 4. Administrative Interference by Councilmembers 23 5. Informal Communications Encouraged 24 Page 2 of 44 DRAFT for Nov 1 council meeting CHAPTER 4: Hearings 25 A. General Public Hearings 26 1.Purpose 26 2.Legislative Hearings 26 B. Quasi-Judicial 27 1.Purpose 27 2. Specific Statutory Provisions 27 3.Actions/Procedures for a Quasi-Judicial Public Hearing.... ............................. 27 4.Appearance of Fairness Doctrine ...... .........................:.......`:............,... . 29 CHAPTER 5: Committees,Boards,Commissions ............ ................ ................ .. 31 A. Regional ........:........'.................:............,..::....... ........!.......'...,................,. 32 1.Committees ......:...... ........."........:.......................... ......::....... '........;... 32 2.Council Relations with Boards,Commissions,Advisory Bodies ... ........'...,...... 32 B. In-house ................. '................ ................ ........:.......;........:................... 32 1. Standing Committees ..:........:............... .......................... ........:..........,. 32 a.Planning Commission .'........ .........................'....,...c........' 32 b.Lodging Tax Advisory Committee ................................................. 33 c.Finance Committee :....... ..........:....... .......':........` 33 C. Private Committees,Boards,Commissions .................... 35 CHAPTER 6:Disclaimer 36 A. Purpose ..`........ ........:....... ........!.................:................:................`............ 37 B. Use ......'........:........:........:.......`........::....... ,.............., ........' 37 C. Reliance .......... ........i................`........:........'.................'........::....... ............ 37 Appendices: A. Definitions ....`........:..................................................:........' 38 B. Frequently Used Acronyms :................ ................:........:.......:................: 39 C. Index.... ........:....... :.......:................!................ ......,. ... 42 D. Optional Committee Report Foul). 44 Page 3 of 44 DRAFT for Nov 1 council meeting CHAPTER 1 Council Meetings Y.,i' i--41'.. - - - I ' .11 ) 1 ,9 t'''' ° 9 I 9 3-:,.°4-'1;,'.'t,1,,°). ,i-i",,,4-0-A4--*.'-~4,...k,' -Th i eft , p. _ r Y tli"f" f '' '' i,1 ll'i [ 1 1 . i 1.',....",,,i,-,.. "-, .,, -. i i ,i " i,,i. - . , ott,.1 9 i A 1 1__,_.0,,,,,,,. 1 , g ' ' ,it,t.tUEa'' ''1`if , ;,, ',., . ....)," t.,, e . . .1.-°°5-tr, -r...."9.°-,:.,,,_ ,',.° ." ,r.,( ,,.-11 k,if, iii i- f- t1 Ilif ' ''''''''6: *.t''''''''' l'''''' '"---*'-7--''''''''''**------- .'-'',:4..... ----'''''-‘ ,..—'4'.,11`, .A.,..- vs. „„...,-* ----- 1.,:'4',_':, i d.',:4''.''1,i.t..,...,_.....,,,,,,..,,,..Li:,t2,-,,...! ,e, so ,,, L.` ,` ". tea, _ 1"" .' �.( s '�t 1 c w �. r a- ms,-= ,. � • Page 4 of 44 DRAFT for Nov 1 council meeting A. General 1. Council Meetings-Time and Location Unless otherwise specified in a meeting notice, regular meetings of the City Council shall be held at Spokane Valley City Hall Council Chambers on Tuesdays beginning at 6:00 p.m. 2. Council Meetings-Open to the Public All meetings of the City Council and of committees thereof shall be open to the public, except as provided for in RCW 42.30.110 (Executive Sessions), or RCW 42.30.140 (Open Public Meetings Act). Councilmembers will notify appropriate staff of Councilmember's plans to attend any of the various outside public meetings hosted by other organizations or agencies, or City meetings hosted by various City Departments, so that notice may be published concerning such attendance in order not to risk any real or perceived violation of the Open Public Meetings Act. 3. Presiding Officer The Mayor shall preside at meetings of the Council and be recognized as the head of the City for all ceremonial purposes. The Mayor shall have no regular administrative or executive duties unless specifically set forth herein. In case of the Mayor's absence or temporary disability, the Deputy Mayor shall act as Mayor during the continuance of the absence. In case of the absence or temporary inability of the Mayor and Deputy Mayor, an acting Mayor Pro Tempore selected by majority vote of the remaining members of the Council, shall act as Mayor during the continuance of the absences [RCW 35A.13.035]. The Mayor, Deputy Mayor (in the Mayor's absence) or Mayor Pro Tem are referred to as "Presiding Officer"from time to time in these Rules of Procedure. Page 5 of 44 DRAFT for Nov 1 council meeting B. Types of Meetings 1. Regular Meeting Any Council meeting that meets in the Spokane Valley City Council Chambers on Tuesday at 6:00 p.m. shall be deemed a"regular meeting." a. Formal Format 1. Normally held 2nd and 4th Tuesdays. The City Clerk, under the direction of the City Manager in consultation with the Mayor, shall arrange a list of proposed matters according to the order of business and prepare an agenda for the Council. On or before close of business on a Friday preceding a Tuesday Council meeting, or at the close of business at least 24 hours preceding a special Council meeting,a copy of the agenda and supporting materials shall be prepared for Councilmembers, the City Manager, appropriate staff, and the media who have filed a notification request. Agendas may be amended as required,and expeditiously distributed to Council and appropriate staff. 2. Requests for presentations to be scheduled on the regular formal agenda imply that the presentation is the official business of the City,and such requests should be submitted to the City Clerk at least ten days prior to the appropriate Council meeting. Playing of video tapes,DVD's, PowerPoints, or other electronic presentations shall be pre-screened by the City Manager or designee who shall determine the appropriateness of the material. 3. Forms of Address. The Mayor shall be addressed as "Mayor (surname)" or"Your Honor." The Deputy Mayor shall be addressed as "Deputy Mayor (surname)." Members of the Council shall be addressed as"Councilmember(surname)"unless waived by the Presiding Officer. 4. Order of Business. The business of all regular formal meetings of the Council shall be transacted as follows, provided, however, that the Presiding Officer may, during a Council meeting, rearrange items on the agenda to conduct Council business more expeditiously. a. Call to Order by the Presiding Officer. b. Invocation. c. Pledge of Allegiance. d. Roll Call. (See Chapter 1,C3 for procedure to excuse an absence) e. Approval of Agenda. The Presiding Officer, three Councilmembers, a majority of the Councilmembers present, or the City Manager may introduce a new item to the agenda at a meeting. If such new item(s) is added, Council will then consider a motion to approve the amended agenda. f. Introduction of Special Guests and Presentations. g. Councilmember Reports. Council or government-related activities(e.g. synopsis of committee, commission,task force or other board meetings). These oral reports are intended to be brief, city work-related reports of significance in keeping the Council informed of pertinent policy issues or events stemming from their representation of the city on a regional board, committee,task force or commission, whether as a formal member or as a liaison. Extended reports shall be placed as future agenda items for presentation or submitted in writing as an informational memo. (See Appendix D"Optional Committee Report Form") h. Presiding Officer's Report. i. Public Comments. Comments from the public on subjects not on the agenda for action (as well as comments connected with action items) are limited to three minutes each unless modified by the Presiding Officer. The City Council desires to allow a maximum opportunity for public comment. However,the business of the City must proceed in an orderly,timely manner. At any time, the Presiding Officer, in the Presiding Officer's sole discretion, may set such reasonable limits as are necessary to prevent disruption of other necessary business. Page 6 of 44 DRAFT for Nov 1 council meeting 1. Subjects Not on the Current Agenda. The Presiding Officer may invoke a sign-in procedure for speakers. Any member of the public may request time to address the Council. Speakers shall state their name, address,and the subject of their comments, and spell their last name for the record. The Presiding Officer may allow the comments subject to such time limitations as the Presiding Officer deems necessary. Following such comments, the Presiding Officer may place the matter on a future agenda, or refer the matter to administration for investigation and report. 2. Subjects on the Current Agenda. Any member of the public who wishes to address the Council on an action item on the current agenda shall make such request to the Presiding Officer at the time when comments from the public are requested during the agenda item discussion. The Council may hear such comments before or after initial Council discussion. As an option,the Presiding Officer may invoke a sign-in procedure. The Presiding Officer in consultation with the City Manager and/or City Attorney, shall rule on the appropriateness of public comments as the agenda item is reached and shall rule on a specific individual or group time limit for public comment. The Presiding Officer may change the order of speakers so that comment is heard in the most logical groupings. 3. Comments shall be made from the microphone,first giving name,address and subject.No comments shall be made from any other location,and anyone making"out of order" comments shall be subject to removal from the meeting. The public shall be reminded that this is not an opportunity for dialogue or question and answers,but public comment. When appropriate, staff will research issues and report back to those making the comment as well as to Council. Public comments are opportunities for speakers to briefly address Council,and those speaking are to address members of Council and not the audience. Since this is an opportunity for public comment, in the interest of time and keeping in mind all documents submitted during Council meetings become the property of the City, graphs, charts, posterboards, PowerPoint presentations, or other display materials will not be allowed, although, written comments and written materials, including photographs and petitions,may be submitted to Council via the City Clerk. 4. There will be no demonstrations during or at the conclusion of anyone's presentation. Any disruptive behavior, as determined by the Presiding Officer, shall be cause for removal from the meeting room. 5. Any ruling by the Presiding Officer relative to the subsections 1 and 2 above may be overruled by a vote of a majority of Councilmembers present. 6. Council shall not permit public comments if they relate to any matter upon which a quasi-judicial hearing has been required, scheduled, or held. See Chapter 4 for procedure for taking public comment on legislative matters. 7. Written Public Comments. Citizens have the option of submitting written views, opinions, comments, data and arguments to the Council on any topic and at any time, not just prior to or during public Council meetings. Unless the citizen reads their own prepared written comments, such comments will not be read during regular or special Council meetings. Any written comments submitted to Council via the City Clerk will be distributed to Council by placing copies at each Councilmember's workstation or city desk; or in the case of e-mailed comments, will be forwarded to Council via e-mail. (See also Public Hearings section regarding public comments.) j. Public Hearings. (See Chapter 4 for procedural details) k. Consent Agenda. 1. Items which may be placed on the Consent Agenda are those which: (1)have been previously discussed by the Council; (2) based on the information delivered to members of the Council by administration can be reviewed by a Councilmember without further explanation; (3)are so routine,technical or"housekeeping"in nature that passage without discussion is likely;or(4)otherwise deemed in the best interest of the City. Page 7 of 44 DRAFT for Nov 1 council meeting 2. The proper Council motion on the Consent Agenda is: "I move approval of the Consent Agenda." This motion will have the effect of moving to approve all items on the Consent Agenda. Since approval of any item on the Consent Agenda implies unanimous consent, any member of the Council shall have the right to remove any item from the Consent Agenda. Therefore, prior to the vote on the motion to approve the Consent Agenda, the Presiding Officer shall inquire if any Councilmember wishes an item to be withdrawn from the Consent Agenda.If any matter is withdrawn,the Presiding Officer shall place the item at an appropriate place on the agenda for the current or a future meeting. 1. Old Business. [Old Business means you are reconsidering matters already disposed of] m. New Business. [Action items are designated as New Business] n. Public Comments. [Same as"i"above] (Three-minute time limit each) o. Administrative Reports. Reports or tracking of an administrative issue or topic. p. Information Only Items. These items will generally not be discussed or reported. q. Executive Session (as required). (See Chapter 1, section B 1 c below) r. Adjournment. No Council meeting should be permitted to continue beyond approximately 9:00 p.m. without approval of a majority of the Councilmembers present. A new time limit must be established before taking a Council vote to extend the meeting. In the event that a meeting has not been closed or continued by Council as herein specified, the items not acted on shall be deferred to the next regular formal Council meeting, unless the Council by a majority vote of members present,determines otherwise. b. Study Session Format 1. Normally held 1St, 3rd and 5th Tuesdays. The purpose of the study session format is to allow Councilmembers to be made aware of impending business and allow informal discussion of issues that might be acted on at a future meeting. Study sessions shall be in a less formal setting than regular formal meetings. Council may be seated other than at the dais, but shall not discourage public observation. Unless there are designated action items which permit public comment, there will be no public comment at study sessions although the Council may request staff or other participation in the same manner as a regular formal Council meeting. The City Clerk, under the direction of the City Manager, shall arrange a Council study session agenda for the meeting. For each item, the agenda shall contain the discussion subject, the discussion leader, the activity and the discussion goal. A copy of the agenda and accompanying background materials shall be prepared for Councilmembers, the City Manager, appropriate staff and the press,on or before 4:30 p.m.,one day before the meeting. Councilmembers have the option of accessing their Council packet via the City's website, and unless notified otherwise,the City Clerk will not prepare a hard copy agenda packet for individual Councilmembers. During a Council meeting, the Presiding Officer may rearrange items on the agenda to conduct Council business more expeditiously. No formal action or motion is required. a. Voting. 1. Action Items on the Agenda. Although action items may occasionally be included on a study session agenda, it is the practice of Council to keep those instances to a minimum. Because a study session is a recognized meeting according to the "Open Public Meetings Act," it is permissible for Council to take fmal action during these meetings. 2. Non-action Items on the Agenda. Because study sessions are usually understood by the public and media as referring to meetings at which Council will only consider and discuss items and not take fmal action or vote, it could be misleading to the public as to the purpose of the meeting if a motion is made unexpectedly. As it is Council's practice to invite public comment after most motions, it would be inappropriate to make a"surprise"motion unless there is a rare special circumstance.Voting or making a motion when neither is included on an agenda does not violate state law, but for consistency sake and to avoid any surprises to the public and media, the practice is discouraged. Page 8 of 44 DRAFT for Nov 1 council meeting 2. Discussion Leader's Role. During the Council study session, the discussion leader should introduce the subject and give background information, identify the discussion goal, act as facilitator to keep the discussion focused toward the goal, and alert the Presiding Officer when it is appropriate, to schedule the topic for a motion or official direction of the Council. 3. The role of the Presiding Officer is to facilitate Councilmembers engaged in free flowing discussion without the necessity of each Councilmember being recognized by the Presiding Officer. The Presiding Officer retains the option of assuming the function of the discussion leader at any time in order to maintain decorum and ensure all Councilmembers have the opportunity to be heard, and to keep the discussion properly focused. 4. Requests for presentations to be scheduled on the regular study session agenda, imply that the presentation is the official business of the City, and such requests should be submitted to the City Clerk at least ten days prior to the appropriate Council meeting. Playing of video tapes,DVD's, PowerPoints, or other electronic presentations shall be pre-screened by the City Manager or designee who shall determine the appropriateness of the material. 5. Council Comments. The purpose of this agenda item is to allow Councilmembers an opportunity to report on an activity or key issue which either just arose, needs immediate or imminent action, or to simply report on items that transpired since the last Council meeting, and to serve as an additional opportunity for Councilmembers to bring up topics for clarification, or to address other upcoming concerns. Pre-scheduled materials council wishes to share as part of the council packet, could also be included on study session agendas under"Council Comments." [See also page 17] 6. City Manager Comments. The purpose of this agenda item is to allow the City Manager the opportunity to brief Council on an activity or issue which either just arose, needs immediate or imminent action, or to simply inform Council of items that transpired since the last Council meeting. 7. Forms of Address. Councilmembers and staff have the option of addressing each other on a first name basis during the study session format meetings. 8. Roll Call. The City Clerk shall conduct a roll call of Councilmembers. (See Chapter 1,C3 for procedure to excuse an absence) c. Executive Sessions 1. If Council holds an executive session, it will be held in accordance with the Open Public Meetings Act, RCW Chapter 42.30. The Council may hold an executive session during a regular or special meeting. Before convening in executive session,the Presiding Officer shall ask for a motion from Council to: publicly announce the purpose for adjourning into executive session; the approximate length of time for the executive session; the likelihood of Council taking action at the close of the executive session; and whether Council will return to regular session at the close of the executive session or will adjourn the meeting. a.. At the close of the executive session and upon Council's return to chambers, the Presiding Officer will declare Council out of executive session, and will ask for the appropriate motion(i.e. an action motion or a motion to adjourn). b. To protect the best interests of the City, Councilmembers shall keep confidential all oral and written information provided during executive sessions. Confidentiality also includes information provided to Councilmembers outside of executive sessions when the information is considered exempt from disclosure under the Code of Ethics for Municipal Officers(RCW 42.52) and/or the Public Records Act(RCW 42.56). 2. RCW 42.30.110 explains the purpose for holding an executive session,some of which include: Page 9 of 44 DRAFT for Nov 1 council meeting RCW 42.30.110(b). To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price(pending land acquisition); RCW 42.30.110 (g). To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30.140(4) (labor negotiations), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring,setting the salary of an individual employee or class of employees, or discharging or disciplining an employee,that action shall be taken in a meeting open to the public; [note that stating that an executive session is to discuss a "personnel matter" is not sufficient because only certain types of personnel matters are appropriate for discussion in an executive session.] (review qualifications of a public employee) RCW 42.30.110(h). To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public (review qualifications of an elected official); RCW 42.30.110(i) To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. For purposes of this subsection (1)(i), "potential/pending litigation" means matters protected by Rules of Professional Conduct(RFC) 1.6 or RCW 5.60.060(2)(a)concerning: (i) Litigation that has been specifically threatened to which the agency, the governing body,or a member acting in an official capacity is,or is likely to become,a party; (ii) Litigation that the agency reasonably believes may be commenced by or against the agency,the governing body,or a member acting in an official capacity;or (iii) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency. 3. Council may adjourn into executive session even if it is not listed on the meeting agenda. There is a requirement in RCW 35A.12.160 that the public be made aware of the preliminary agendas of meetings in advance of the meeting, but that does not mean that an item that arises after the agenda has been posted cannot be discussed at the meeting, even in executive session. Since final action on the matter would not be taken at the executive session,it would not violate any provision in state law to hold an executive session at a regular Council meeting even if the executive session was not listed on the agenda. [per MRSC Index-General Government-Executive sessions.] 4. Attendance at Executive Sessions. The City Attorney will be present at executive sessions and it should be noted that the City Attorney is required to attend executive sessions which address litigation or potential litigation. The question of who may attend an executive session, other than the Council and the Mayor, is determined by the Council. Where appropriate,the Council may invite other city officials, employees, or individuals to attend executive sessions. If Council invites others, those invited should have some relationship to the matter being addressed, or they should be in attendance to otherwise provide assistance to the Council. For example, staff may be needed to present information or take notes or minutes,but per RCW 42.32.030,executive session minutes are not required. 2. Special Meetings Page 10 of 44 DRAFT for Nov 1 council meeting Meetings set at days, times, and places other than Tuesdays at 6:00 p.m. in the Spokane Valley City Council Chambers shall be deemed"special meetings," such as joint meetings with other jurisdictions or entities(Board of County Commissioners,Planning Commissioners),and Council workshops or retreats. A special meeting may be called by the Mayor or any three members of the Council. (RCW 35A.13.170, 35A.12.110). Written notice of the special meeting shall be prepared by the City Clerk. The notice shall contain information about the meeting, including date, time, place, and business to be transacted. The notice shall be delivered to each member of Council at least 24 hours before the time specified for the proposed meeting(RCW 35A.12.110). The notices provided in this section may be dispensed within the circumstances provided by RCW 42.30.080,that is: (a)As to any member who, at or prior to the time the meeting convenes,files with the City Clerk a written waiver of notice, (b) As to any member who was actually present at the meeting at the time it convenes, and(c)In the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage; or as otherwise provided by law. Agendas shall be drafted in a form submitted by the City Clerk,approved by the City Manager, and distributed in a manner similar to agendas for formal and study session meetings. The processes and rules for agenda content apply to regular formal and study session agendas and to special meeting agendas as well Voting: 1. Action Items on the Agenda. Action items may be included on an agenda for a special meeting, and could even be the reason the special meeting is called. It is the practice of Council to allow time for the public to comment on action items and the "public comment" should be so noted on the agenda. As with other types of meetings, Council adheres to the Open Public Meetings Act, so therefore it would be permissible for Council to take fmal action during these meetings. Action items could be added during the meeting and the agenda amended accordingly, but the preferred method is to refrain from adding action items at the last minute to any agenda, since that would not give the public, staff, and press adequate time to realize public comment would be permitted. 2. Non-action Items on the Agenda. Special meetings are generally more in the form of a workshop or retreat, and are usually understood by the public and media as times when no action will be taken. Therefore,it could be misleading to the public as to the purpose of the meeting if a motion is made unexpectedly. As it is Council's practice to invite public comment after most motions, it would be inappropriate to make a"surprise"motion unless there is a rare special circumstance. Voting or making a motion when neither is included on an agenda does not violate state law,but for consistency sake and to avoid any surprises to the public and media,the practice is discouraged. Page 11 of 44 DRAFT for Nov 1 council meeting C. Meeting Rules and Procedures 1. Council Rules of Order The City Clerk shall serve as the official parliamentarian for all Council meetings,and will keep a copy of the most current"Robert's Rules of Order"(RONR)in Council Chambers during Council meetings. 2. Quorum At all regular and special meetings of the Council, a majority of the Councilmembers who hold office shall constitute a quorum for the transaction of business. A lesser number may adjourn from time to time, provided that written notice of said adjournment be posted on the exterior Council Chamber doors per RCW 42.30.090. Council meetings adjourned under the previous provision shall be considered regular meetings for all purposes. (RCW 35A.13.170,35A.12.120) 3. Attendance,Excused Absences RCW 35A.12.060 provides that a Councilmember shall forfeit his/her office by failing to attend three consecutive regular meetings of the Council without being excused by the Council. Members of the Council may be so excused by complying with this section. The member shall contact the Mayor, City Clerk,or City Manager prior to the meeting and state the reason for his/her inability to attend the meeting. Following roll call,the Presiding Officer shall inform the Council of the member's absence, and inquire if there is a motion to excuse the member. This motion shall be nondebatable. Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the City Clerk will make an appropriate notation in the minutes. 4. Respect and Decorum It is the duty of the Mayor and each Councilmember to maintain dignity and respect for their offices,City staff and the public. While the Council is in session, Councilmembers shall preserve order and decorum and a Councilmember shall neither by conversation or otherwise,delay or interrupt the proceedings of the Council, nor disrupt or disparage any Councilmember while speaking. Councilmembers and the public shall comply with the directives of the Presiding Officer. Any person making disruptive, disparaging or impertinent remarks or unreasonably disturbing the business of the Council, either while addressing the Council or attending its proceedings,shall be asked to cease such disruption, or may be asked to leave,or be removed from the meeting. At any time during any Council meeting, any Councilmember may object to personal affront or other inappropriate comments, by calling for a "point of order." After the Councilmember is recognized by the Presiding Officer and the Councilmember explains their point concerning respect and decorum, or lack thereof, the Presiding Officer shall rule on the remark and may ask the person making the disturbance to cease or leave the room. Continued disruptions may result in a recess or adjournment as set forth in#6 below. 5. Seating Arrangement Councilmembers shall occupy the respective seats in the Council Chamber assigned to them by the Mayor. 6. Dissents and Protests Any Councilmember shall have the right to express dissent from or protest orally or in writing, against any motion,ordinance or resolution of the Council and have the reason therefore entered or retained in the minutes. Page 12 of 44 DRAFT for Nov 1 council meeting 7. Councilmember Meeting Participation by Telephone/Video Conference Telephone/video conference participation by Councilmembers may be allowed provided technical availability and compatibility of electronic equipment enables the Councilmember to hear the proceedings,be heard by those present,and participate in Council discussion. (a) Requests to use telephone/video conference participation shall be approved by the Council. This shall be done by motion at the beginning of the meeting for each request made to participate through the use of telephone/video conferencing. Such participating Councilmember(s)should be present and counted. In such case, adequate equipment must allow the telephone/video conference participant to engage in Council discussion and be heard. Telephone/computer system charges are to be at the Councilmember's own expense, unless waived in the Council motion. Adequate notice must be given to allow hookup in time for the main agenda. (b) No telephone/video conference participation for voting purposes shall be allowed for public hearings or any quasi-judicial proceedings.Video conferencing may be permitted upon a majority vote of the Council present at the meeting site for such proceedings provided that all documents and exhibits are clearly visible and legible to all participants,and provided that a video and audio record of the video conference is made and provided to the City Clerk. The cost of such videoconferencing and record thereof shall be paid by the Councilmember requesting videoconferencing,unless waived by vote of the City Council. 8. Adjournment Due to Emergency or Disruption In the event of an emergency such as a fire or other natural or catastrophic disaster,threatened violence, or inability to regain good order, the Presiding Officer shall forthwith declare a recess, adjourn, or continue the meeting, and the City Council as well as everyone in the room shall immediately leave the meeting room. The Presiding Officer may reconvene the meeting when it has been determined by the appropriate safety officials that it is safe to do so. 9. Permission Required to Address the Council Persons other than'Councilmembers and staff shall be permitted to address the Council upon recognition and/or introduction by the Presiding Officer or City Manager. 10. Approaching the Dais Once a Council meeting has been called to order, stepping between the podium and the dais will not be allowed, and stepping behind any part of the dais, including those parts occupied by staff is also not permitted. This includes, but is not limited to, video recording, still photography, tape recording, and distributing written handouts. Council reserves the right to invite anyone forward to the podium to be addressed by Council. 11. Out of Order Requests Occasionally a member of the public may wish to speak on an agenda item but cannot remain until the item is reached on the agenda. During "Open Comments From the Public," such person may request permission to speak by explaining the circumstances. The Presiding Officer in his/her sole discretion shall rule on allowing or disallowing the out of order request. 12. Photographs, Motion Pictures or Video Tape Requiring Artificial Illumination — Prior Permission Required No overhead projection, photographs, motion pictures, or video tapes that require the use of floodlights, or similar artificial illumination shall be used by the public at City Council meetings without the prior consent of the Presiding Officer or the City Manager. Page 13 of 44 DRAFT for Nov 1 council meeting 13. Voting The votes during all meetings of the Council shall be transacted as follows: a. Unless otherwise provided by statute, ordinance, or resolution, all votes shall be taken by voice. At the request of any Councilmember, a roll call vote shall be taken by the City Clerk. The order of the roll call vote shall be determined by the City Clerk. b. In case of a tie vote on any proposal,the motion shall be considered lost. c. Every member who was present when the question was put, shall give his/her vote unless the Council,for special reasons, shall excuse the member by motion. If any Councilmember refuses to vote "aye" or"nay,"their vote shall be counted as a"nay"vote unless the Councilmember is abstaining due to actual or perceived appearance of a conflict of interest. d. The passage of any ordinance, grant, or revocation of franchise or license,any resolution for the payment of money, any approval of warrants,and any resolution for the removal of the City Manager shall require the affirmative vote of at least a majority of the whole membership of the Council. e. The passage of any public emergency ordinance(an ordinance that takes effect immediately), expenditures for any calamity, violence of nature, riot, insurrection, or war (except for the statutory powers of the Mayor in accordance with RCW 35A.13.030); and provisions for a lesser emergency, such as a budget amendment, shall require the affirmative vote of at least a majority plus one of the whole membership of the Council. (RCW 35A.13.190(f)). The passage of any motion or resolution not subject to the provisions of Washington law, the Spokane Valley Municipal Code, or a Resolution as amended requiring a "super majority" for approval, shall require the affirmative vote of at least a majority of the membership of the Council who are present and eligible to vote. 14. Motions and Discussion a. Except in rare circumstances, Council motions shall be in the form of an affirmative motion. Affirmative motions are preferred to prevent"approval by default"of a failed negative motion. b. Agenda items scheduled for Council action shall require a motion by a Councilmember before discussion unless the Council suspends the requirement by majority vote. Upon failure of either a prior motion or rule suspension, the agenda item shall be passed over and may not be reintroduced until the next regular meeting. c. When possible, Councilmembers should direct questions to the City Manager or the designated presenter. d. Main motions are made when no other motion is pending (see chart below). They are debatable and subject to amendment. Since seconding a motion means "let's discuss it,"if there is no second but discussion ensues, the matter of having a second to proceed is moot and the motion can proceed. However, if there is no second and no discussion, the motion does not progress. Note that the motion does not "die for a lack of a second" but it merely does not progress. e. The maker of a motion can withdraw their motion without the consent of the seconder, and if the mover modifies the motion, the seconder can withdraw the second. The person making the motion is entitled to speak first to the motion. A maker of the motion can vote against the motion but cannot speak against their own motion. f. No one should be permitted to speak twice to the same issue until everyone else wishing to speak has spoken. All remarks must be directed to the Presiding Officer and must be courteous in language and deportment (Robert's Rules of Order Newly Revised, Article VII, Section 43, Decorum in Debate), keeping in mind it is not the Councilmember, but the measure that is the subject of debate. g.When an amended motion is on the floor,the vote is taken on whether to adopt the amendment. If adopted,the next vote is on the fully amended motion. h. Motions should be reserved for items marked on the agenda for action, so as to avoid any surprises for Council, staff and the public. Page 14 of 44 DRAFT for Nov 1 council meeting Parliamentary Procedure at a Glance Roberts Can be Rules of IF YOU Order§ WANT TO INTERRUPT NEED Debated Amended? YOU SAY 2 VOTE 11 Postpone I move to postpone. indefinitely(the ...(an affirmative purpose is to vote can be prevent action reconsidered;a or kill an issue.) negative vote cannot)indefinitely No Yes Yes No Majority 12 Modify wording I move to amend the of motion motion by... No Yes Yes Yes** Majority 14 Postpone to a Ex:I move to certain time postpone the motion to the next council meeting. No Yes Yes Yes Majority 16 Close debate I move the previous question,or I call for the question No Yes No No Majority* 17 To Table a I move to lay on the motion table,the motion to No Yes No No Majority 19 Complain about Point of Privilege noise,room temperatures, Chair etc Yes Yes Yes Yes decision 20 Take break I move to recess for. No Yes No Yes Majority 21 Adjourn I move to adjourn meeting No Yes No No Majority 23 Object to Point of Order procedure or Chair personal affront Yes No No No decision 25 Suspend rules I move to suspend the rules and... No Yes No No Majority* 34 Take matter I move to take from from table the table the motion No to... No Yes No Majority 35 Reconsider I move we reconsider something action on... already disposed of No Yes Yes Yes Majority It should be noted that the purpose of tabling a motion is not to simply postpone an issue or a vote. If the intended purpose is to postpone, then the motion to postpone should be used. If more information is needed or desired in order to make the most informed vote possible,then an option would be for the maker of the motion to simply withdraw the motion. The consent of the seconder is not needed to withdraw a motion. While a motion is still on the table,no other motion on the same subject is in order. The motion to table enables the assembly to lay the pending question aside temporarily when something else of immediate urgency has arisen. The motion to"Lay on the Table"is out of order if the evident intent is to kill or avoid dealing with a measure. (Robert's Rules of Order Newly Revised,10th Edition) *(Robert's Rules of Order Newly Revised states 2/3 vote required. Council direction is to base vote on majority except on matters where 2/3 (or majority plus one)is required by state statute. **If the main motion to amend can be amended. Page 15 of 44 DRAFT for Nov 1 council meeting 15. Ordinances Except for unusual circumstances or emergencies, ordinances and resolutions will customarily be prepared,introduced and proceed in accordance with the "Three Touch Principle." Prior to final passage of all ordinances or resolutions,such documents shall be designated as drafts. a. A Councilmember may, in open session, request of the Presiding Officer that the Council consider enacting an ordinance for a specific purpose. The Presiding Officer then may assign the proposed ordinance to the administration, a committee, or the Council for consideration. The committee or administration shall report its fmdings to the Council. The City Manager may propose the drafting of ordinances(RCW 35A.13). Citizens, Boards and Commissions may also propose consideration of ordinances and resolutions. b. Sponsorship. When a Councilmember wishes to assume sponsorship of an ordinance or resolution,once on the agenda,he or she should so announce,make the initial motion and provide an introduction of the measure. c. Ordinances shall normally have two separate readings at separate Council meetings. Unless waived by the City Council at each reading, the title of an ordinance shall be read by the City Clerk prior to its passage. However, if a Councilmember requests that the entire ordinance or certain sections be read, such request shall be granted. Printed copies shall be available upon request to any person attending a Council meeting. d. The provision requiring two separate readings of an ordinance may be waived at any meeting of the Council by a majority vote of all members present. e. If a motion to pass an ordinance to a second reading fails, the ordinance shall be considered lost,unless a subsequent motion directs its revision and resubmission to first reading. f. Any ordinance repealing any portion of the Spokane Valley Municipal Code shall also repeal the respective portions of the underlying ordinance(s). Ordinances repealing earlier ordinances shall not apply to acts,incidents,transactions or decisions occurring before such repeal. 16. Resolutions A resolution may be approved on the same day it is introduced. While it is not necessary to have the title of a resolution read aloud, Council may invoke the two reading procedures described above to facilitate public understanding and/or comment on the resolution. If Council invokes the two reading procedures,a Councilmember may request that the entire resolution or certain sections be read, and such request shall be granted and the City Clerk shall read as requested. Printed copies shall be made available upon request to any person attending a Council meeting. 17. Reconsideration Any action of the Council,including final action on applications for legislative changes in land use status, shall be subject to a motion to reconsider except: 1. any action previously reconsidered; 2. motions to adjourn or motions to suspend the rules; 3. an affirmative vote to lay an item on,or take an item from,the table; 4. a previously passed motion to suspend the rules;or 5. a vote electing to office one who is present and does not decline. Such motion for reconsideration: 1. must be reconsidered during the same Council meeting; 2. must be called up when no business is pending(no action is pending); 3. if action is pending,the Mayor asks the Clerk to note that the motion to reconsider has been made and is to be taken up when a member calls the motion to reconsider the vote when no other business(action)is pending; 4. must be made by a member who voted on the prevailing side on the original motion; 5. a member who makes this motion should state that he or she voted on the prevailing side; 6. needs a second, and can be seconded by any member; Page 16 of 44 DRAFT for Nov 1 council meeting 7. is debatable if the type of motion it reconsiders is debatable; 8. is not amendable and requires a majority vote to adopt. If the motion for reconsideration is adopted,the original motion is placed before Council as if that motion had not been voted on previously; and Council again takes that motion under discussion, followed by a new vote. Any motion for reconsideration of a matter which was the subject of a required public hearing or which is a quasi-judicial matter, may not be discussed or acted upon unless and until the parties or their attorneys and the persons testifying have been given at least five days advance notice of such discussion and/or action. 18. Council Materials a. Council Material Councilmembers and staff should read the agenda material and ask clarifying questions of the City Manager or other appropriate staff prior to the Council meeting when possible. Council recognizes there are times when Councilmembers may wish to bring additional documentation to a meeting on a specific subject,whether that subject is on the agenda or not, in order to share with Council and staff. When possible, the materials should be distributed to Councilmembers and staff prior to the Council meeting, or if distributed during a meeting, Councilmembers should indicate the materials are for future reading, since except in an emergency, Councilmembers would normally not take time at the dais to read material just received. Pre-scheduled materials council wishes to share as part of the council packet, could also be included on study session agendas under"Council Comments." [See also page 9] b. Council Packets Councilmembers shall personally pick up their agenda packets from their individual inboxes provided at each Councilmember's desk, unless otherwise arranged by the Councilmember or further directed by Council. Councilmembers have the option of accessing their Council packet via the City's website, and unless notified otherwise, the City Clerk will not prepare a hard copy agenda packet for individual Councilmembers. 19. "Three Touch Principle" Decision makers and citizens at all levels of the City should have adequate time to thoroughly consider the issues prior to final decisions. It is the intent of the Council that the Council and administration shall abide by the "Three Touch Principle" whenever possible. These procedural guidelines are designed to avoid"surprises"to the City Council,citizens and administrative personnel. Any request or proposal for adopting or changing public policy, ordinances, resolutions or City Council directives which will require a decision of the City Council, or administration, should "touch" the decision makers three separate times. This includes oral or written reports, "information only" agenda items, or any combination thereof. To facilitate the Council's strategic use of legislative time at its meeting, staff may satisfy the first touch by issuing an informational memorandum, unless the subject matter is complex in nature. Quasi-judicial matters and any subject discussed in executive sessions are excluded from application of the"Three Touch Principle." It is recognized that unexpected circumstances may arise wherein observance of the "Three Touch Principle" is impractical. However, when unusual circumstances arise which justify a "first discussion" decision, the persons requesting the expedited decision should also explain the timing circumstances. This principle excludes staff reports and other general communications not requiring a Council decision. Page 17 of 44 DRAFT for Nov 1 council meeting CHAPTER 2 Legislative Process 1:71 f ,4 � _ w . - 4 • 9F { !. Page 18 of 44 DRAFT for Nov 1 council meeting A. Election of Officers Procedures for electing officers are as follows: 1. Biennially, at the first meeting of the new Council, the members thereof shall choose a Presiding Officer from their number who shall have the title of Mayor. In addition to the powers conferred upon him/her as Mayor, he/she shall continue to have all the rights, privileges and immunities of a member of the Council. If a permanent vacancy occurs in the office of Mayor, the members of the Council at their next regular meeting shall select a Mayor from their number for the unexpired term. Following the election of the Mayor, there shall be an election for a Deputy Mayor. The term of the Deputy Mayor shall run concurrently with that of the Mayor. (RCW 35A.13.030) 2. The election for Mayor shall be conducted by the City Clerk. The City Clerk shall call for nomination. Each member of the City Council shall be permitted to nominate one person, and a nomination shall not require a second.'A nominee who wishes to decline the nomination shall so state at that time. Nominations are then closed. The election for Deputy Mayor shall be conducted by the Mayor, and nominations shall be made in the manner previously described for the election of the Mayor. 3. Except when there is only one nominee, election shall be by written ballot. Each ballot shall contain the name of the Councilmember who cast it. The City Clerk shall publicly announce the results of the election. Thereafter, the City Clerk shall record the individual Councilmember's votes in the minutes of the meeting. 4. In the event the Council is unable to agree on a Mayor by majority vote of members present, the office of Mayor shall be temporarily filled by an Acting Mayor. Ties shall be resolved in a contest by chance. The office of Acting Mayor shall be filled by the Councilmember who just previously served as Deputy Mayor, or if such person prefers not to serve as Mayor,the Councilmember with the next highest seniority. The Acting Mayor and Acting Deputy Mayor shall continue in office and exercise such authority as is described in RCW 35A.13 until the members of the Council agree on a Mayor, at which time the role of Acting Mayor and Acting Deputy Mayor shall cease and terminate. B. Filling Council Vacancies If a vacancy occurs on the City Council, the Council will follow the procedures outlined in RCW 35A.13.020 and Council's adopted procedure in compliance with RCW 35A.13.020. In order to fill the vacancy with the most qualified person available until an election is held,a notice will be published of the vacancy and the procedure for applying. An application will be drafted which contains relevant infoiniation to answer set questions posed by the Council, which can be used in conjunction with candidate interviews. Staff will draft an additional set of questions,based on Council's preference,to be used in the actual interview of candidates. C. Legislative Agenda Councilmembers work each year to craft a"legislative agenda"to address Council ideas, suggestions and specific legislative programs in terms of upcoming or pending legislative activity in Olympia that would or could have an effect on our City. Additionally, Councilmembers have the option of creating a similar legislative agenda to address concerns on a national level, which can be addressed during Council's participation in the annual National League of Cities Conferences held in Washington,D.C. D. Council Travel Provisions Council is allocated a budgeted to handle certain City business-related travel expenses. The total allocation of travel funding budgeted for the legislative branch for the fiscal year will be apportioned one- seventh(1/7)to each Councilmember. These monies may be used to defray expenses for transportation, Page 19 of 44 DRAFT for Nov 1 council meeting lodging, meals and incidental expenses incurred in the conduct of City business. Periodic updated statements of expenditures will be provided to each Councilmember by the Finance Department. Should a Councilmember exhaust their apportionment of funds,that person will be responsible for payment of any travel and related expenses, or they may request a voluntary allocation from another Councilmember who has a balance in their travel apportionment. During the last six months of a Councilmember's current term of office, incurring City business-related travel expenditures requires the prior authorization of the Finance Committee, except when such travel fulfills the obligations of the Councilmember's service on statewide or regional boards, commissions or task forces. E. Telephone Tree Occasionally there are very important events or emergencies in the community where members of the Council should receive briefings as quickly as possible. A pre-arranged"telephone tree" informs the entire Council of those events in the shortest possible time. An informed Councilmember can avoid embarrassment when asked by a citizen about a major event even when it does not involve the Council in any direct way. The telephone tree for timely briefings of major emergency news is shown below: CITY MANAGER Name Phone(work) Phone(home) Cellular TELEPHONE TREE: Department Heads Mayor: City Clerk Name Public Information Officer Phone(work) Phone(home) Cellular Deputy Mayor COUNCILMEMBER Name Phone(work) Name Phone(home) Phone(work) Cellular Phone(home) Cellular COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER Name Name Name Name Phone(work) Phone(work) Phone(work) Phone(work) Phone(home) Phone(home) Phone(home) Phone(home) Cellular Cellular Cellular Cellular Page 20 of 44 DRAFT for Nov 1 council meeting CHAPTER 3 Council Contacts 1• ._Contact 1, ro if.4,.-_,.,, ( - 1 1111k 111'44 - 1 die . ..,-4. ..), q ,,,N b : "'....0.4! '4 it., .Ith.., * 4fr Page 21 of 44 DRAFT for Nov 1 council meeting A. Citizen Contact/Interactions Outside of a Council Meeting 1. Mayor/Council Correspondence Councilmembers acknowledge that in the Council/Manager form of government,the Mayor is recognized by community members as a point of contact. To facilitate full communications, staff will work with the Mayor to circulate to Councilmembers, copies of emails and written correspondence directed to the Mayor regarding City business. This provision will not apply to invitations for mayoral comments at various functions, nor requests for appointments or other incidental contact between citizens and the office of the Mayor. 2. Concerns,Complaints and Suggestions to Council When citizen concerns, complaints or suggestions are brought to any, some or all Councilmembers, the Mayor shall, in consultation with the City Manager, first determine whether the issue is legislative or administrative in nature and then: a. If legislative, and a concern or complaint is about the language or intent of legislative acts or suggestions for changes to such acts, and if such complaint suggests a change to an ordinance or resolution of the City, the Mayor and City Manager may refer the matter to a future Council agenda for Council's recommendation in forwarding the matter to a committee, administration,or to the Council for study and recommendation. b. If administrative, and a concern or complaint regards administrative staff performance, execution of legislative policy or administrative policy within the authority of the City Manager, the Mayor should then refer the complaint directly to the City Manager for review, if said complaint has not been so reviewed. The City Council may direct that the City Manager brief the Council when the City Manager's response is made. 3. Administrative Complaints Made Directly to Individual Councilmembers When administrative policy or administrative performance complaints are made directly to individual Councilmembers, the Councilmember shall then refer the matter directly to the City Manager for review and/or action. The individual Councilmember may request to be informed of the action or response made to the complaint. However, the City Manager shall not be required to divulge information he/she deems confidential,in conformity with applicable statutes,ordinances,regulations,policies or practices. Although citizens' direct access to elected officials is to be encouraged to help develop public policy,City Councilmembers should not develop a "personal intervention" pattern in minor calls for service or administrative appeals which may actually delay a timely customer service response. The best policy is to get the citizen into direct contact with customer service unless an unsatisfactory result has occurred in the past. In that case refer to the paragraph above. 4. Social Media Councilmembers shall not use social media as a mechanism for conducting official City business, although it is permissible to use social media to informally communicate with the public. Examples of what may not be communicated through the use of social media include making policy decisions,official public noticing, and discussing items of legal or fiscal significance that have not been released to the public. As with telephone and e-mails, communication between and among Councilmembers via social media could constitute a "meeting" under the Open Public Meetings Act, and for this reason, Councilmembers are strongly discouraged from"friending"other Councilmembers. Page 22 of 44 DRAFT for Nov 1 council meeting B. Staff Contacts and Interactions 1. Role of the City Manager The City Manager is the chief administrative officer of the City of Spokane Valley. The City Manager is directly accountable to the City Council for the execution of the City Council's policy directives, and for the administration and management of all City departments. The powers and duties of the City Manager are defined by Washington law RCW 35A.13.080. Such duties may be expanded by Ordinance or Resolution. Balanced`with the City Manager's accountability to the City Council for policy implementation is the need for the Council to allow the City Manager to perform'legally-defined duties and responsibilities without interference by the City Council in the day-to-day management decisions of the City Manager. 2. City Staff Attendance at Meetings The City Manager or his/her designee, shall attend all meetings of the City Council,unless excused by the Presiding Officer or Council. The City Manager shall be responsible to the Council for the proper administration of all affairs of the City. The City Manager shall recommend for adoption by the Council such measures as he/she may deem necessary or expedient; prepare and submit to the Council such reports as may be required by the body or as the City Manager deems advisable to submit; keep the Council fully advised as to the business of the City; and shall take part in the Council's discussion on all matters concerning the welfare of the City. (RCW 35A.13.080) It is Council's intent that the City Manager schedule adequate administrative support during Council meetings for the business at hand,keeping in mind that the City Manager must also protect the productive capability of department heads and of all staff. Required attendance at meetings by City staff shall be at the pleasure of the City Manager. 3. City Clerk-Minutes The City Clerk, or in the Clerk's absence the Deputy City Clerk, shall keep minutes as required by law, and shall perform such other duties in the meeting as may be required by the Council, Presiding Officer, or City Manager. In the absence of the City Clerk and the Deputy City Clerk,the City Clerk shall appoint a replacement to act as Clerk during the Council meeting. The Clerk shall keep minutes which identifies the general discussion of the issue and complete detail of the official action or agreement reached, if any. When practical, and with the exception of executive sessions, the City Clerk shall audio and/or video record the proceedings of all City Council meetings. Access to the recordings shall be made reasonably available to any party who so requests,according to City public disclosure procedures. Original, signed and approved minutes shall be kept on file in the City Clerk's office and archived according to State Record Retention Schedules. Copies of the approved minutes shall also be posted on the City's website as soon as practical after such minutes are approved and signed. When practical,video recordings of Council meetings shall also be housed on the City's website. 4. Administrative Interference by Councilmembers Neither the Council nor any of its committees or members shall direct or request the appointment of any person to,or his/her removal from,any office by the City Manager or any of his/her subordinates. Except for the purpose of inquiry, the Council and its members shall deal with the administrative branch solely through the City Manager and neither the Council nor any committee or member thereof shall give any directives,tasks, or orders to any subordinate of the City Manager, either publicly or privately; provided, however,that nothing herein shall be construed to prohibit the Council,while in open session, from fully and freely discussing with the City Manager anything pertaining to appointments and removals of City officers and employees and City affairs. (RCW 35A.13.120.) Page 23 of 44 DRAFT for Nov 1 council meeting 5. Informal Communications Encouraged The above RCW requirement is not to be construed as to prevent informal communications with City staff that do not involve orders, direction, or are meant to influence actions or administrative policy. Members of the Council are encouraged to interact informally and casually with City staff for the purpose of gathering information, obtaining explanations of policies and programs or providing incidental information to staff relevant to their assignment. Such informal contacts can serve to promote better understanding of specific City functions and problems. However, Councilmembers must be careful in such interaction to avoid giving direction or advice to members of City staff While maintaining open lines of communication, City staff responding to information requests from Councilmembers will inform their supervisor of such contact and provide the supervisor with the same information shared with the Councilmember. Page 24 of 44 DRAFT for Nov 1 council meeting CHAPTER 4 HEARINGS I •-• Aik F Page 25 of 44 DRAFT for Nov 1 council meeting A. General Public Hearings 1. Purpose Legislative public hearing are hearings held to obtain public input on legislative decisions on matters of policy. Legislative public hearings are required by state law when a city or county addresses matters such as comprehensive land use plans, or the annual budget. They are generally less formal than quasi-judicial public hearings. They do not involve the legal rights of specific,private parties in a contested setting,but rather affect a wider range of citizens or perhaps the entire jurisdiction. The wisdom of legislative decisions reached as a result of such hearings is not second-guessed by the courts; if challenged,they are reviewed only to determine if they are constitutional or violate state law. For example, a court will not review whether the basic budgetary decisions made by a city were correctly made. 2. Legislative Public Hearings a. State statutes do not specify how public hearings should be conducted. Because legislative hearings are generally informal, the main concern is to provide an opportunity for all attending members of the public to speak if they so desire. Time limits should be placed on individual comments if many people are intending to speak, and the public should be advised that comments must relate to the matter at hand. The"ground rules"for the conduct of the hearing may be stated by the presiding official at the beginning of the hearing: 1. All public comments shall be made from the,speaker's podium, and any individual making comments shall first give their name and address. This is required because an official recorded transcript of the public hearing is being made. 2. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. 3. Unless otherwise determined by the Presiding Officer, all comments by the public shall be limited to three minutes per speaker. 4. There will be no demonstrations,applause or other audience participation,before,during or at the conclusion of anyone's presentation. Such expressions are disruptive and take time away from the speakers. 5. Unless read and/or handed in by the individual speaker during the public hearing,previously received written public comments will be read by the City Clerk at the pleasure of the Mayor. In the interest of time,the Mayor may limit the reading of such comments,to the Clerk reading who the letter or written material is from, and if easily discernable, whether that person is for or against the issue at hand. All written comments become an official part of the record. 6. These rules are intended to promote an orderly system of holding a public hearing, to give persons an opportunity to be heard, and to ensure that individuals are not embarrassed by exercising their right of free speech. b. The Presiding officer declares the public hearing on (topic) open,notes the time for such opening,and asks staff to make their presentation. c. After staff presentations,the Presiding Officer calls for public comments. d. The Presiding Officer asks if any members of Council have questions of any of the speakers or staff. If any Councilmember has questions,the appropriate individual will be recalled to the podium. e.The Presiding Officer declares the public hearing closed and notes the time for such closing. Page 26 of 44 DRAFT for Nov 1 council meeting B. Quasi-Judicial Hearings 1. Purpose Quasi-judicial public hearings involve the legal rights of specific parties, and the decisions made as a result of such hearings must be based upon and supported by the "record" developed at the hearing. Quasi-judicial hearings are subject to stricter procedural requirements than legislative hearings. Most quasi-judicial hearings held by local government bodies involve land use matters, including site specific rezones, preliminary plats, variances, and conditional uses. (MRSC Public Hearings When and How to Hold Them by Bob Meinig,MRSC Legal Consultant August 1998) 2. Specific Statutory Provisions a. Candidates for the City Council may express their opinions about pending or proposed quasi-judicial actions while campaigning, per RCW 42.36.040, except that sitting Councilmembers shall not express their opinions on any such matter which is or may come before the Council. b. Ex parte communications should be avoided whenever possible. During the pendency of any quasi-judicial proceeding, no Councihnember may engage in ex parte communications with proponents or opponents about a proposal involved in the pending proceeding unless the Councilmember: (1)places on the record the substance of such oral or written communications; and (2) provides that a public announcement of the content of the communication and of the parties' rights to rebut the substance of the communication shall be made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and his or her elected official if the correspondence is made a part of the record, when it pertains to the subject matter of a quasi-judicial proceeding. (RCW 42.36.060) c. Public Disclosure File. The City Clerk shall maintain a public disclosure file,which shall be available for inspection by the public. As to elected officials, the file shall contain copies of all disclosure forms filed with the Washington State Public Disclosure Commission. d. Procedure On Application. Any person making application for any action leading to a quasi-judicial hearing before the Planning Commission and/or City Council shall be provided with a document containing,the following information: ,(1)the names and address of all members of the City Council, and the Planning Commission, (2) a statement that public disclosure information is available for public inspection regarding all such Councilmembers, and (3) a statement that if the applicant intends to raise any appearance of fairness issue,the applicant should do so at least two weeks prior to any public hearing, if the grounds for such issue are then known and in all cases, no later than before the opening of the public hearing. The applicant shall sign a receipt for such document. 3. Actions/Procedures for a Quasi-Judicial Public Hearing See the following excerpt from the Spokane Valley Municipal Code Appendix C for City Council Appeal Hearing Procedures: Appendix C CITY COUNCIL APPEAL HEARING PROCEDURES A. The Council shall not consider any new facts or evidence outside the verbatim transcript and certified record submitted by the Hearing Examiner,except for: 1. Grounds for disqualification of the Hearing Examiner,when such grounds were unknown by the appellant at the time the record was created;or 2.Matters that were improperly excluded from the record after being offered by a party to the hearing before the Hearing Examiner;or 3.Matters that were outside the jurisdiction of the Hearing Examiner. Page 27 of 44 DRAFT for Nov 1 council meeting The Council shall allow the record to be supplemented if the offering party demonstrates grounds for supplementation as set forth in subsections(A)(1),(2)or(3)of this appendix. a. Any party requesting that the record be supplemented shall submit such request,along with the specific evidence to be offered to the Council, within 14 calendar days of the date the appeal hearing was scheduled. b. The Council may require or permit the correction of ministerial errors or inadvertent omissions in the preparation of the record. c. The Council will allow the submittal of memoranda by the appellant, or a party of record in opposition to the appeal,subject to the following requirements: i. The appellant may file a memorandum in support of the appeal. The memorandum must be filed no later than 12:00 noon on the third Friday preceding the date set by the Council for consideration of the appeal. ii. Any party of record in opposition to the appeal may submit a reply memorandum in opposition to the appeal. Any reply memorandum must be filed no later than 12:00 noon on the second Friday preceding the date set for consideration of the appeal. iii. All memoranda shall be limited to stating why the record or applicable laws or regulations do or do not support the decision, and shall not contain any new facts or evidence, or discuss matters outside the record,except as permitted above. iv. The offering party shall promptly submit a copy of the memorandum or request to supplement the record to the City Attorney,and to opposing parties as practicable. B. The Council will allow oral argument by the appellant, or a party of record in opposition to the appeal, subject to the following requirements: 1.It is expected that all parties can reasonably be aligned as either in support of the appeal or opposed to the appeal. Accordingly, all parties who desire to make oral argument shall communicate with other parties aligned on the same side of the appeal and attempt to reach agreement in selecting a representative, or otherwise arrange for the allocation of time allowed under these rules to those in support of or those opposed to the appeal. 2. Oral argument shall be presented first by the appellant, followed by those parties of record in opposition to the appeal, and then rebuttal and surrebuttal. 3. Oral argument shall be limited to stating why the record or applicable laws or regulations do not support the decision, and shall not contain any new facts or evidence unless allowed by subsection A of this appendix. 4. Oral argument shall be limited to 20 minutes total for the appellant, and 20 minutes total for those parties in opposition to the appeal,regardless of how many parties make up each side. 5. The respective times allowed for oral argument above include the combined time used by a side for opening argument,rebuttal and surrebuttal. The time taken to respond to questions from the Council is not included in the time allowed for argument. C. The Council may affirm or reverse the Hearing Examiner's decision, or remand it for further proceedings. The Hearing Examiner's decision will be presumed to be correct and supported by the record and law. A tie vote on any motion shall have the effect of affirming the Hearing Examiner's decision. D. The Council may reverse the Hearing Examiner's decision, or remand it for further proceedings, if the appellant has carried the burden of establishing that one or more of the following standards is met: 1. The Hearing Examiner engaged in unlawful procedure or failed to follow a prescribed process, unless the error was harmless; 2. The decision is an erroneous interpretation of the law,after allowing for such deference as is due to construction of law by a local jurisdiction with expertise; 3. The decision is not supported by evidence that is substantial when viewed in light of the entire record; 4. The decision is a clearly erroneous application of the law to the facts; 5. The decision is outside the authority of the Hearing Examiner. E. The Council may also remand the decision to the Hearing Examiner if the appellant offers newly discovered evidence that would reasonably have affected the decision had it been admitted in the Page 28 of 44 DRAFT for Nov 1 council meeting proceedings before the Hearing Examiner. "Newly discovered evidence"is evidence that with reasonable diligence could not have been discovered and produced at the time the proceedings before the Hearing Examiner were conducted. F. The Council shall adopt written findings and conclusion in support of its decision. If the Council concludes that a finding of fact by the Hearing Examiner, upon which the decision is based, is not supported by substantial evidence, the Council may modify the finding or substitute its own finding, citing substantial evidence in the record that supports the modified or substitute finding. In the event of a tie vote on the proposed findings of fact, that vote shall be considered a final action, the findings shall reflect the same,and the decision of the Hearing Examiner shall be affirmed. G. The Council's decision shall include a notice stating that the decision can be appealed within 21 calendar days from the date the decision was issued,by filing a land use petition with the Superior Court as provided in Chapter 36.70C RCW and meeting the other provisions of such chapter, and that the decision shall act as official notice under RCW 43.21C.075. H. The notice included in the Council's decision shall also state that affected property owners may request the Spokane County Assessor for a change in valuation for property tax purposes notwithstanding any program of revaluation,pursuant to RCW 36.70B.130. I. The City Clerk shall,within five business days from the date of the Council's decision on the appeal, mail a copy of the Council's decision to the appellant,the applicant(if different than the appellant), any other party who testified or submitted a memorandum at the closed record appeal hearing before the Council, any person who requested notice of the decision, and any person who submitted substantive comments on the application. The City Clerk shall also provide notice of the decision to the County Assessor. J. Where the Hearing Examiner's decision recommends approval of the proposal and no appeal has been filed within the time period set forth above,the City Manager or designee shall modify the official zoning map of the City according to the Hearing Examiner's decision. The modification of the zoning map completes the Hearing Examiner's decision and shall be considered the final legislative action of the City Council. Such final action, for zoning purposes, is considered an official control of the City by exercise of its zoning and planning authority pursuant to Washington law.(Ord.08-022,2008). 4 . Appearance of Fairness Doctrine a. "The test of whether the Appearance of Fairness Doctrine has been violated is ... as follows: Would a disinterested person,having been apprised of the totality of aboard member's personal interest in a matter being acted upon, be reasonably justified in thinking that partiality may exist? ` If answered in the affirmative, such deliberations, and any course of conduct reached thereon, should be voided." Swift vs. Island County, 87 Wn.2d 348 (1976); Smith vs. Skagit County, 75 Wn.2d 715 (1969). b. Types of Hearings to Which the Doctrine Applies. The Appearance of Fairness Doctrine shall apply only to those actions of the Council which are quasi-judicial in nature. Quasi-judicial actions are defined as actions of the City Council which determine the legal rights,duties,or privileges of specific parties in a hearing or other contested proceeding. Quasi-judicial actions do not include the legislative actions adopting, amending, or revising comprehensive, community, or neighborhood plans or other land use planning documents or the adoption of area-wide zoning ordinances or the adoption of a zoning amendment that is of area-wide(versus site-specific)significance(RCW 42.36.010). Street vacations are typically legislative actions, unless clearly tied to, and integrated into, a site-specific development proposal which is quasi-judicial in nature. c.Obligations of Councilmembers-Procedure. 1. Immediate self-disclosure of interests that may appear to constitute a conflict of interest is hereby encouraged. Councilmembers should recognize that the Appearance of Fairness Doctrine does not require establishment of a conflict of interest,but whether there is an appearance of conflict of interest to the average person. This may involve the Councilmember or a Councilmember's business associate, or a member of the Councilmember's immediate family. It could involve ex parte (outside the hearing) communications, ownership of property in the vicinity, business dealings with the Page 29 of 44 DRAFT for Nov 1 council meeting proponents or opponents before or after the hearing, business dealings of the Councilmember's employer with the proponents or opponents, announced predisposition, and the like. Prior to any quasi-judicial hearing, each Councilmember should give consideration to whether a potential violation of the Appearance of Fairness Doctrine exists. If the answer is in the affirmative, no matter how remote,the Councilmember should disclose such facts to the City Manager who will seek the opinion of the City Attorney as to whether a potential violation of the Appearance of Fairness Doctrine exists. The City Manager shall communicate such opinion to the Councilmember and to the Presiding Officer. 2. Anyone seeking to disqualify a Councilmember from participating in a decision on the basis of a violation of the Appearance of Fairness Doctrine must raise the challenge as soon as the basis for disqualification is made known, or reasonably should have been made known, prior to the issuance of the decision. Upon failure to do so, the doctrine may not be relied upon to invalidate the decision consistent with state law. The party seeking to disqualify the Councilmember shall state with specificity the basis for disqualification; for example: demonstrated bias or prejudice for or against a party to the proceedings, a monetary interest in outcome of the proceedings,prejudgment of the issue prior to hearing the facts on the record, or ex parte contact. Should such challenge be made prior to the hearing, the City Manager shall direct the City Attorney to interview the Councilmember and render an opinion as to the likelihood that an Appearance of Fairness Doctrine violation would be sustained in Superior Court. Should such challenge be made in the course of a quasi-judicial hearing, the Councilmember shall either recuse him/herself or the Presiding Officer shall call a recess to permit the City Attorney to make such interview and render such opinion. 3. The Presiding Officer shall have authority to request a Councilmember to excuse him/herself on the basis of an Appearance of Fairness Doctrine violation. Further, if two or more Councilmembers believe that an Appearance of Fairness Doctrine violation exists, such individuals may move to request a Councilmember to excuse him/herself on the basis of an Appearance of Fairness Doctrine violation. In arriving at this decision, the Presiding Officer or other Councilmembers shall give due regard to the opinion of the City Attorney. d. When Council conducts a hearing to which the Appearance of Fairness Doctrine applies,the Presiding Officer (or in the case of a potential violation by that individual, the Mayor Pro Tem) will ask if any Councilmember knows of any reason which would require such member to excuse themselves pursuant to the Appearance of Fairness Doctrine. The form of the announcement is as follows: All Councilmembers should now give consideration as to whether they have: 1. A demonstrated bias or prejudice for or against any party to the proceedings; 2. A direct or indirect monetary interest in the outcome of the proceedings; 3. A prejudgment of the issue prior to hearing the facts on the record;or 4. Had ex parte contact with any individual, excluding administrative staff,with regard to an issue prior to the hearing. If any Councilmember should answer in the affirmative, then the Councihnembers should state the reason for his/her answer at this time,so that the Chair may inquire of administration as to whether a violation of the Appearance of Fairness Doctrine exists. Page 30 of 44 DRAFT for Nov 1 council meeting CHAPTER 5 COMMITTEES, BOARDS, COMMISSIONS IP! . ilk.. '41111 a 1 J2 - .,,.• '� -I ilk, .4 . ,,,....f, Y a xp " Page 31 of 44 DRAFT for Nov 1 council meeting A. Regional Committees, Boards, etc. 1. Committees Spokane Valley Councilmembers and/or residents who seek representation on any standing committee, board, or commission required by state law, shall be appointed by the Mayor with confirmation by the Council. 2. Council Relations with Boards, Commissions and Council Citizen Advisory Bodies Councilmembers are encouraged to share with all Council members, copies of minutes from any statutory boards, commissions, or committees on which they serve and participate. Communications from such boards, commissions and bodies to the City Council which seek action or feedback, should be acknowledged by the Council, preferably by a letter from the Mayor. Any member of the Council may also bring such communication to the Presiding Officer's attention under the agenda item "Committee, Board and Liaison Reports." If any member of the Council requests that any such communication be officially answered by the Council, the Presiding Officer may place the matter on an agenda under New Business, Information, Council Comments (study session format), or other appropriate place, for a specific Council meeting, or take other appropriate action. Councilmember(s)may be designated by the City Council to take the lead on particular significant issues and to provide appropriate feedback of information to Council, in order to gain corporate approval and coordination of corporate efforts. No Councilmember may speak for the Council unless Council has designated that person as the lead on that particular issue. B. In-House Committees, Boards, etc. 1. Standing committees or commissions required by law shall be appointed by the Mayor for a time certain not to exceed the term provided by law or the term of office of the appointing Mayor and confirmed by Council. Following are established in-house committees: a. Planning Commission -- 7 members. "SVMC 18.10.010 Establishment and purpose. There is created the City of Spokane Valley Planning Commission (hereafter referred to as the "Planning Commission"). The purpose of the Planning Commission is to study and make recommendations to the Mayor and City Council for future planned growth through continued review of the City's Comprehensive Land Use Plan, development regulations, shoreline management, environmental protection, public facilities, capital improvements and other matters as directed by the City Council. (Ord. 07-015 § 4,2007). 18.10.020 Membership. A. Qualifications. The membership of the Planning Commission shall consist of individuals who have an interest in planning, land use, transportation, capital infrastructure and building and landscape design as evidenced by training, experience or interest in the City. B. Appointment. Members of the Planning Commission shall be nominated by the Mayor and confirmed by a majority vote of at least four members of the City Council. Planning commissioners shall be selected without respect to political affiliations and shall serve without compensation. The Mayor,when considering appointments, shall attempt to select residents who represent various interests and locations within the City. Page 32 of 44 DRAFT for Nov 1 council meeting C. Number of Members/Terms. The Planning Commission shall consist of seven members. All members shall reside within the City. Terms shall be for a three-year period, and shall expire on the 31st day of December." b. Lodging Tax Advisory Committee--5 members. "SVMC 3.20.040 Lodging tax advisory committee. The City Council shall establish a lodging tax advisory committee consisting of five members. Two members of the committee shall be representatives of businesses required to collect the tax, and at least two members shall be persons involved in activities authorized to be funded by this chapter. The City shall solicit recommendations from organizations representing businesses that collect the tax and organizations that are authorized to receive funds under this chapter. The committee shall be comprised equally of members who represent businesses required to collect the tax and members who are involved in funded activities. One member of the committee shall be from the City Council. Annually,the membership of the committee shall be reviewed. The Mayor shall nominate persons and the Councilmember for the lodging tax advisory committee with Council confirmation of the nominees. Nominations shall state the term of committee membership. Appointments shall be for one-and two-year terms. (Ord.27 §4,2003)." c. Finance Committee--3 members. "SVMC 2.50.120(a)and(b)Establishing travel policies and procedures. a. The responsibility and authority for developing, adopting, modifying and monitoring the travel policies and procedures for reimbursement of expenses incurred while on official business of the City of Spokane Valley is delegated to the City Council finance committee. It is recognized by the City Council that public officials and employees will periodically be required to travel and incur related expenses on behalf of the City. The purpose of the travel policies and procedures is to provide criteria for payment and/or reimbursement of valid expenses.' The Council directs that the fmance committee consider the following in the development of travel policies and procedures: (A).Reimbursement for transportation costs when using personal automobiles including rates to be established on a mileage or other reasonable basis and for airfare or other mode of travel; (B).Reimbursement for hotel/motel accommodations; (C).Reimbursement for meals either at actual cost including a per meal maximum amount or a per diem allocation; (D).Reimbursement for incidental expenses such as parking, taxis, buses, rental cars,etc.;and(E). Such other matters that are reasonably related to travel. b. The finance department,under the supervision of the finance committee,is directed to develop a fully itemized travel expense form which shall be used to administer the City travel policy and account for expenditures and reimbursement of officials or employees. Claims for reimbursement must be accompanied by receipts showing the amount paid and items/services received unless otherwise provided in the policies and procedures. All claims for reimbursement shall be duly certified by the individual submitting such claim on a form approved by the Finance Director in compliance with state regulations and guidelines established by the State Auditor. For administrative staff, the City Manager or designee shall approve expenses and reimbursement. The City Council shall approve, through budget allocation, travel expenses and reimbursement for Council members. The Council reserves the right to review the travel policies and procedures of the City including modifying and amending the same from time to time.(Ord.29 § 1,2003)." The Finance Committee shall have no regular prescribed duties or meetings except the bills/payroll and warrant procedures required by state law,unless specifically charged by the City Council. Page 33 of 44 DRAFT for Nov 1 council meeting SVMC 3.35.010(D)Contract Authority 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.). 2. When required by law, committee meetings should be open to the public, including the media, unless discussing matters which would qualify for an executive session if discussed within the whole Council. All Council committee meetings shall be for the purpose of considering legislative policy matters,rather than administrative matters unless requested by the City Manager. Legislative policy considerations should be brought to the Council unless referred to a committee for pre-study. 3. The Mayor may appoint such other ad hoc advisory committees or liaisons from the Council or community for the purpose of advising the Council in legislative policy matters. All ad hoc committees shall be defined by a clear task and a method of"sunsetting the committee at the conclusion of the assigned task. 4. Council Liaison. Appointments shall be by the Mayor and confirmed by the Council for a time certain not to exceed the term of the appointing Mayor. Individual members of the Council may be assigned as liaisons whose duties involve keeping current with a group or activity by either attendance when the group or activity takes place, or communication with appropriate leaders so the liaison Councilmember can keep Council informed. Liaisons may, at times, advocate Council actions on behalf of their assigned group or activity. Extreme care must be taken to avoid an Appearance of Fairness Doctrine violation, or conflict of interest possibilities with agencies or circumstances where such possibilities may exist (i.e.: Planning Commission quasi-judicial).Liaison functions and duties may be further defined and/or directed by the Presiding Officer with concurrence of Council. 5. Task Force. The City Council may create, and appoint members to small task force groups. A task force is a temporary group formed and"tasked"by legislative authority,to study a specific subject for a specified period of time. 6. After consultation with the City Manager,any other Council committees, citizen task forces or similar organized groups shall have rules or operating procedures thereof established by Council directive with special attention to RCW 35A.13.120. Such committees shall be commissioned for a time certain, not to exceed two years or the term of the appointing Mayor,whichever is less and be provided with a clear task description. Appointment shall be by the Mayor. Council may waive confirmation in the instrument creating said committee or group. Such committees shall be subject to review whenever a new Council is seated following elections, so as to determine whether the committee and its functions continue to be appropriate and necessary. Members of any committee,board or commission which have been appointed or confirmed by the Council, may be removed without cause by a majority vote of the Council. No advisory board, commission, committee or task force shall take any fmal action outside of an open public meeting unless permitted to do so per state statutes, and when permitted by state statutes,no final action shall be taken without the foreknowledge and approval of majority vote of the Council. Page 34 of 44 DRAFT for Nov 1 council meeting C. Private Committees, Boards, Commissions The Council recognizes there are various other private boards and committees, such as Spokane Neighborhood Action Partners(SNAP),which appointments are made by their own board. These boards and committees which do not require an appointment by our Mayor, with confirmation by our Council, are nonetheless important aspects of our community and we recognize the time commitment any Councilmember may extend as a member of any of these committees and/or boards. As well, Council appreciates hearing a periodic report or update on activities and issues surrounding those boards and committees. Page 35 of 44 DRAFT for Nov 1 council meeting CHAPTER 6 Disclaimer ) : Page 36 of 44 DRAFT for Nov 1 council meeting A. Purpose These City Council Rules of Procedure are designed to provide guidance for the City Council. They are not to be considered restrictions or expansions of City Council authority. These rules have been prepared from review of many statutes, ordinances, court cases and other sources but they are not intended to be an amendment or substitute for those statutes, ordinances, court decisions or other authority. B. Use No action taken by a Councilmember or by the Council which is not in compliance with these rules, but which is otherwise lawful, shall invalidate such Councilmember's or Council action or be deemed a violation of oath of office,misfeasance or malfeasance. No authority other than the City Council may enforce these rules or rely on these rules. Failure of the City Council to follow any of these rules shall be considered a Council decision to waive such rule. No notice of such waiver need be given. C. Reliance Public Use or Reliance Not Intended. Because these rules are designed to assist the City Council and not to provide substantive rules affecting constituents, it is expressly stated that these rules do not constitute land use regulations, official controls, "appearance of fairness rules," public hearing rules, or other substantive rules binding upon or to be used by or relied upon by members of the public. These rules do not amend statutory or other regulatory (such as ordinance) requirements. Page 37 of 44 DRAFT for Nov 1 council meeting Appendix A: Definitions DEFINITIONS: Action: All transactions of a governing body's business, including receipt of public testimony, deliberations, discussions, considerations, reviews, and evaluations, as well as "final" action. [RCW 42.30.010,42.30.020(3)]. Consensus: A collective judgment or belief; solidarity of opinion: "The consensus of the group was that they should meet twice a month. General agreement or harmony. [Random House Webster's College Dictionary,April 2001] Motion: An enacted motion is a form of action taken by the Council to direct that a specific action be taken on behalf of the municipality. A motion, once approved and entered into the record, is the equivalent of a resolution in those instances where a resolution is not required by law, and where such motion is not in conflict with existing State or Federal statutes,City ordinances or resolutions. Ordinance: An enacted ordinance is a law passed [enacted] by a municipal organization legislatively prescribing specific rules of organization or conduct relating to the corporate affairs of the municipality and those citizens and businesses therein. Council action shall be taken by ordinance when required by law,or where prescribed conduct may be enforced by penalty. Resolution: An enacted resolution is an administrative act which is a formal statement of policy concerning matters of special or temporary character. Council action shall be taken by resolution when required by law and in those instances where an expression of policy more formal than a motion is desired. Regular Meeting: Any Council meeting that meets in the Spokane Valley City Council Chambers on Tuesday at 6:00 p.m. shall be deemed a"regular meeting." Social Media: A term used to define the various activities that integrate technology, social interaction and content creation. Through social media, individuals or collaborations of individuals create on-line web content, organize content, edit or comment on content, combine content, and share content. Social media uses many technologies and forms including syndicated web feeds, weblogs (blogs), wiki, photo- sharing, video-sharing, podcasts, and social networking. (From MRSC, and Social Media and Web2.0 in Government,WebContent.gov) Page 38 of 44 DRAFT for Nov 1 council meeting Appendix B: Frequently Used Acronyms AACE-American Association of Code Enforcement ADA-Americans with Disabilities Act ADT-Average Daily Traffic ATF-Bureau of Alcohol,Tobacco&Firearms AWC-Association of Washington Cities BOCC-Board of County Commissioners CAFR-Comprehensive Annual Financial Report CDBG-Community Development Block Grant CIP-Capital Improvement Plan CM-City Manager CM/AQ-Congestion Mitigation&Air Quality Program CTED -Community,Trade,&Economic Development(now Department of Commerce) CTR-Commute Trip Reduction(legislation) CUP-Conditional Use Permit DEIS-Draft Environmental Impact Statement DEM-Department of Emergency Management DNR-Department of Natural Resources DNS-Declaration of Non-Significance DOE-Department of Ecology;Department of Energy DOT-Department of Transportation E911 -Enhanced 911 EA-Environment Assessment EDC -Economic Development Council EEO/AA-Equal Employment Opportunity/Affirmative Action EEOC-Equal Employment Opportunity Commission EIS-Environmental Impact Statement EOE-Equal Opportunity Employer EPA-Environmental Protection Agency ERU-Equivalent Residential Unit(for measuring water-sewer capacity and demand) ESU-Equivalent Service Unit(for measuring stormwater utility fees) F&WS-Federal Fish&Wildlife Service FAA-Federal Aviation Administration FCC-Federal Communications Commission Page 39 of 44 DRAFT for Nov 1 council meeting FEIS-Final Environmental Impact Statement FEMA-Federal Emergency Management Agency FICA-Federal Insurance Contribution Act FIRM-Flood Insurance Rate Maps FLSA-Fair Labor Standards Act FMLA-Family Medical Leave Act FY-Fiscal Year GAAP-Generally Accepted Accounting Principles GASB-Governmental Accounting Standards Board GIS-Geographic Information System GMA-Growth Management Act GPM-Gallons Per Minute HOV-High-Occupancy Vehicle HR-Human Resources HUD-Housing&Urban Development(Department of) ICMA-International City/County Management Association L&I-Labor&Industries(Department of) LID-Local Improvement District MGD-Million Gallons per Day MOA-Memorandum of Agreement MOU-Memorandum of Understanding NIP 0-Metropolitan Planning Organization MRSC-Municipal Research Services Center NEPA-National Environment Policy Act NIMBY-Not In My Backyard NPDES-National Pollutant Discharge Elimination System PE-Preliminary Engineering;Professional Engineer PERC-Public Employment Relations Commission PMS-Pavement Management System PPE-Personal Protective Equipment PPM-Parts Per Million;Policy&Procedure Manual PUD-Public Utility District PW-Public Works QA-Quality Assurance RCW-Revised Code of Washington REET-Real Estate Excise Tax Page 40 of 44 DRAFT for Nov 1 council meeting RONR Robert's Rules of Order Newly Revised ROW-Right of Way SAO-State Auditor's Office SBA-Small Business Administration SEPA- State Environmental Policy Act SMA- Shorelines Management Act SWAC-Solid Waste Advisory Committee TIB-Transportation Improvement Board TIP-Transportation Improvement Program TMDL-Total Maximum Daily Load UBC-Uniform Building Code UFC-Uniform Fire Code UGA-Urban Growth Area WAC-Washington Administrative Code WACO-Washington Association of County Officials WCIA-Washington Cities Insurance Authority WCMA-Washington City/County Management Association WSDOT-Washington State Department of Transportation WSP-Washington State Patrol WUTC-Washington Utilities&Transportation Commission WWTP-Wastewater Treatment Plant Page 41 of 44 DRAFT for Nov 1 council meeting APPENDIX C: INDEX 9 H 9:00 p.m•8 Hearing•27 hearing examiner•27,28,29 A I absence•5,6,9,12,23 Adjournment•8,13 Interference•23 agenda•6,7,8,9,10,11,13,14,16,17,19,22,32 amend•15,37 amended•6,14,15 L Appearance of Fairness Doctrine•29,30,34 Approaching the Dais•13 last six months•20 Attendance•10,12,23 Legislative Agenda•19 Lodging Tax Advisory Committee•33 C M Citizen Contact•22 City Clerk•6,7,8,9,11,12,14,16,17, 19,23,26,27 material•6,9,17,26 City Manager•6,7,8,9,12,13,14,16,17,22,23,30,34,39 Motion•9,38 Comments•6,7,8,9,13 Motions•14 Complaints•22 Consensus 38 Council liaison•34 N Council Packets•17 National League of Cities•19 D new item•6 Non-action•8,11 demonstrations•7,26 display materials•7 0 E Open Public Meetings Act•5 Ordinances•16,17,38 Election of Officers•19 Emergency•13,39,40 P emergency ordinance•14 excuse•6,9,12,14,30 excused 12,23 Parliamentary Procedure•2,15 Executive Session•8,9 Photographs 13 Ex-Parte communications•27 Planning Commission•27,32,34 posterboards•7 PowerPoints•6,9 F presentations•6,7,9,26 Public Disclosure•27 Filling Council Vacancies•2,19 finance•33 Q Finance•20,33 Formal Format•2,6 Forms of Address•6,9 Quasi-Judicial•3,27 Quorum•12 Page 42 of 44 DRAFT for Nov 1 council meeting R three•6,8,11,12,17,26,33 three touch principle•16 Three Touch Principle•17 Reports•6,8,32 Time•5,26 Resolutions•16,17,38 Travel Provisions•19 respect•12,32 5 V Voting•14 Seating Arrangement•12 social media•22,38 Social Media•2,22,38 SPECIAL MEETINGS•11 Study Session Format•2,8 written findings•29 Written Public Comments•7 T Table•15 Task Force•6,34 Page 43 of 44 DRAFT for Nov 1 council meeting Optional Committee Report Form Meeting Date: Committee: Councilmember's Committee Standing:(board member,liaison, etc): 1.Agenda Topic: Goals/actions discussed or taken: Recommendations/decisions made: Budget impact to Spokane Valley: Resource impact to Spokane Valley: Future Action or follow-up needed by Spokane Valley: Deadline: 2.Agenda Topic: Goals/actions discussed or taken: Recommendations/decisions made: Budget impact to Spokane Valley: Resource impact to Spokane Valley: Future Action or follow-up needed by Spokane Valley: Deadline: 3.Agenda Topic: Goals/actions discussed or taken: Recommendations/decisions made: Budget impact to Spokane Valley: Resource impact to Spokane Valley: Future Action or follow-up needed by Spokane Valley: Deadline: ................... Page 44 of 44 CITY OF SpOk2fl e a eye Gmc Govermance Coordidom MMv von Ros©0 t00n 0-0209 Att i©hmm0MM A A Comprehensive Co eciil n of Meeting Rules, Coordination Procedures, Administrative Public Hearing IProcedlnres9 2ndl Applicable 17.eferences from the Revised Code of Washington Adopted ] ecernberc 289 2010 Resolution 03-028 adopted 5-13-2003,replaced by Resolution 04-013 adopted 5-25-2004,replaced by Resolution 05-021 adopted 9-13-2005,replaced by Resolution 06-022 adopted 11-14-2006,replaced by Resolution 07-020,adopted 12-11-2007,replaced by Resolution 09-012,adopted 09-08-2009,replaced by Resolution 10-020,adopted 12-28-2010 Governance Manual 1 TABLE tF CONTENTS ARTICLE 1 -COUNCIL MEETINGS 4 1.01.1 Council Meetings-Time and Location 4 1.01.2 Council Meetings-Open to the Public 4 1.02 Election of Officers 4 1.03 Presiding Officer 4 1.04 Mayor/Council Correspondence 5 1.05 Quorum 5 1.06 Attendance,Excused Absences 5 1.07 Special Council Meetings 5 1.08 Council Material 5 1.09 Council Packets 5 1.10 Council Meeting Agenda/Consent Agenda/Amended Agendas 6 1.11 Approaching the Dais 6 1.12 Study Sessions and Workshops 6 1.13 Council Travel Provisions 7 1.14 Telephone Tree 7 1.15 "Three Touch Principle" 8 1.16 City Manager 8 1.17 City Clerk-Minutes-Public Information Access 8 1.18 City Staff Attendance at Meetings 8 ARTICLE 2 -DUTIES AND PRIVILEGES OF MEMBERS 9 2.01 Respect and Decorum 9 2.01A Forms of Address 9 2.02 Seating Arrangement 9 2.03 Dissents and Protests 9 2.04 Filling Council Vacancies 9 ARTICLE 3 -COUNCIL PROCEDURES 9 3.01 Rules of Order 9 3.02 Motions and Discussion 10 3.03 Order of Business(including Executive Sessions) 10 3.04 Adjournment Due to Emergency or Disruption 12 3.05 Permission Required to Address the Council 12 3.06 Voting and Tele/video Conferencing 12 3.07 Enacted Ordinances,Resolutions and Motions 14 3.08 Ordinances 14 3.09 Resolutions 15 3.10 Reconsideration 15 3.11 Legislative Process,Preparation,Introduction and Flow of Ordinances,Resolutions and Motions 15 3.12 Complaints and Suggestions to Council 15 3.13 Photographs,Motion Pictures,Video Tape--Permission Required for Artificial Illumination 16 "! Governance Manual 2 TABLE OF CONTENTS,Continued ARTICLE 4-COMMITTEES,BOARDS& COMMISSIONS 16 4.01 Committees 16 4.02 Council Relations with Boards, Commissions and Council Citizen Advisory Bodies 17 ARTICLE 5-RELATIONS WITH CITY MANAGER&ADMINISTRATION 17 5.01 Role of the City Manager 17 5.02 Administrative Interference by Councilmembers 17 5.02.1 Informal Communications Encouraged 17 5.03 Administrative Complaints Made Directly to Individual Councilmembers 18 5.04 Administrative Complaints "Best Practice" 18 ARTICLE 6-PUBLIC HEARING PROCEDURES 18 6.00 Types of Public Hearings 18 6.01 Legislative Public Hearing 19 6.02 Quasi-Judicial Public Hearing 19 1. Specific Statutory Provisions 19 2.Actions/Procedures for Quasi-Judicial Public Hearing 20 Spokane Valley Municipal Code Appendix C,Appeal Hearings . 20 3.Appearance of Fairness Doctrine 22 ARTICLE 7—USE OF RULES 23 7.01 Purpose 23 7.02 Use 24 7.03 Public Use or Reliance Not Intended 24 Exhibits and attachments: Exhibit A-1 Telephone Tree Memo 25 Exhibit A-2 Telephone Tree for Council/Manager Chart 26 Exhibit A-3 Parliamentary Procedure at a Glance 27 Exhibit A-4 Legislative Process Flow Chart 28 Exhibit A-5 Committee Structure and Rules 29 Exhibit A-6(1) Task Force/Town Hall Meetings General Model 31 Exhibit A-6(2) Multi-Agency Coordination Task Force Model 32 Exhibit A-7 Citizen's Task Force General Model Chart 33 Exhibit A-8 Revised Code of Washington, 35A.13, Council/Manager Plan 34 Exhibit A-9 Amended General Policy Resolution of Core Beliefs 41 Governance Manual 3 ARTICLE I-COUNCIL MEETINGS 1.01.1 Council Meeting - Time and Location. Unless otherwise specified in a meeting notice, regular meetings of the City Council shall be held at Spokane Valley City Hall Council Chambers on Tuesdays beginning at 6:00 p.m. 1.01.2 Council Meetings - Open to the Public. All meetings of the City Council and of committees thereof shall be open to the public, except as provided for in RCW 42.30.110 or RCW 42.30.140. Councilmembers will notify appropriate staff of Councilmember's plans to attend any of the various outside public meetings hosted by other organizations or agencies, so that notice may be published concerning such attendance in order not to risk any real or perceived violation of the Open Public Meetings Act. 1.02 Election of Officers. Procedures for electing officers are as follows: (a) Biennially, at the first meeting of the new Council, the members thereof shall choose a presiding officer from their number who shall have the title of Mayor. In addition to the powers conferred upon him/her as Mayor, he/she shall continue to have all the rights, privileges and immunities of a member of the Council. If a permanent vacancy occurs in the office of Mayor,the members of the Council at their next regular meeting shall select a Mayor from their number for the unexpired term. Following the election of the Mayor, there shall be an election for a Deputy Mayor. The term of the Deputy Mayor shall run concurrently with that of the Mayor. (RCW 35A.13.030) (b) The election for Mayor shall be conducted by the City Clerk.The City Clerk shall call for nomination. Each member of the City Council shall be permitted to nominate one (1) person, and nomination shall not require a second.A nominee who wishes to decline the nomination shall so state at that time. Nominations are then closed. The election for Deputy Mayor shall be conducted by the Mayor, and nominations shall be made in the manner previously described for the election of the Mayor. (c) Except when there is only one (1) nominee, election shall be by written ballot. Each ballot shall contain the name of the Councilmember who cast it. The City Clerk shall publicly announce the results of the election. Thereafter, the City Clerk shall record the individual votes by councilmembers in the minutes of the meeting. In the event the Council is unable to agree on a Mayor by majority vote of members present,the Office of Mayor shall be temporarily filled by an Acting Mayor. Ties shall be resolved in a contest by chance. The office of Acting Mayor shall be filled by the Councilmember who just previously served as Deputy Mayor, or if such person is not a member of the Council, the Councilmember with the next highest seniority. The Acting Mayor and Acting Deputy Mayor shall continue in office and exercise such authority as is described in RCW 35A.13 until the members of the Council agree on a Mayor, at which time the role of Acting Mayor and Acting Deputy Mayor shall cease and terminate. 1.03 Presiding Officer. The Mayor shall preside at meetings of the Council and be recognized as the head of the City for all ceremonial purposes. The Mayor shall have no regular administrative or executive duties.In case of the Mayor's absence or temporary disability,the Deputy Mayor shall act as Mayor during the continuance of the absence. In case of the absence or temporary inability of the Mayor and Deputy Mayor, an acting Mayor Pro Tempore selected by members of the Council shall act as Mayor during the continuance of the absences. The Mayor, Deputy Mayor (in the Mayor's absence) or Mayor Pro Tem are referred to as "Presiding Officer" from time-to-time in these Rules of Procedure. Governance Manual 4 1.04 Mayor/Council Correspondence. Councilmembers recognize that in the Council/Manager form of government, the Mayor is recognized by community members as a point-of-contact. To facilitate full communications, staff will work with the Mayor to circulate to Councilmembers, copies of emails and written correspondence directed to the Mayor regarding city business. This provision will not apply to invitations for mayoral comments at various functions nor requests for appointments nor other incidental contact between citizens and the Office of the Mayor. 1.05 Quorum. At all meetings of the Council, a majority of the Councilmembers who hold office shall constitute a quorum for the transaction of business. A lesser number may adjourn from time-to-time, provided that written notice of said adjournment be posted on the exterior Council Chamber doors per RCW 42.30.090. Council meetings adjourned under the previous provision shall be considered regular meetings for all purposes. (RCW 35A.13.170,35A.12.120) 1.06 Attendance,Excused Absences. RCW 35A.12.060 provides that a Councilmember shall forfeit his/her office by failing to attend three consecutive regular meetings of the Council without being excused by the Council. Members of the Council may be so excused by complying with this section. The member shall contact the Presiding Officer,City Clerk,or City Manager prior to the meeting and state the reason for his/her inability to attend the meeting. Following roll call, the Presiding Officer shall inform the Council of the member's absence, and inquire if there is a motion to excuse the member. This motion shall be nondebatable. Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the City Clerk will make an appropriate notation in the minutes. 1.07 Special Council Meetings.Procedures for setting a special meeting are as follows: (a) A special meeting may be called by the Mayor or any three(3)members of the Council. (RCW 35A.13.170,35A.12.110) (b) Notice of the special meeting shall be prepared in writing by the City Clerk. The notice shall contain the following information about the meeting: time,place,and business to be transacted. (c) The notice shall be delivered in person,by regular or electronic mail,or personally to the residence of each Councilmember, the City Manager, and the business office of each local newspaper,radio and television station which has on file a written request for notice of special meetings.The notice must be delivered at least twenty-four(24)hours prior to the meeting. (d) The notices provided in this section may be dispensed within the circumstances provided by RCW 42.30.080, that is: (1) As to any member who, at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice, (2) As to any member who was actually present at the meeting at the time it convenes, and (3) In the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage;or as otherwise provided by law. 1.08 Council Material. Councilmembers and affected staff should read the agenda material and ask clarification questions of appropriate staff prior to the Council meeting,when possible. 1.09 Council Packets. Councilmembers shall personally pick up their agenda packets from the individual mailboxes provided by the City Clerk, unless otherwise arranged by the member or Governance Manual 5 further directed by Council. Councilmembers have the option of accessing their Council packet via the City's website, and unless notified otherwise,the City Clerk will not prepare a hard copy agenda packet for individual Councilmembers. 1.10 Council Meeting Agenda/Consent Agenda. The City Clerk, under the direction of the City Manager in consultation with the Presiding Officer, shall arrange a list of proposed matters according to the order of business and prepare an agenda for the Council. After the proposed agenda has been reviewed and approved by the Mayor,the Presiding Officer shall have the option of adjusting the agenda as necessary. A copy of the agenda and supporting materials shall be prepared for Councilmembers, the City Manager, and the media who have filed a notification request,on or before close of business on a Friday preceding a Tuesday regular Council meeting, or at the close of business at least 24 hours preceding a special Council meeting. Agendas may be amended as required,and expeditiously distributed to Council and appropriate staff. Requests for presentations to be scheduled on the formal agenda imply that the presentation is the official business of the City, and such requests should be submitted to the City Clerk at least five (5)days prior to the appropriate council meeting. Playing of video tapes,DVD's, PowerPoints, or other electronic presentations shall be pre-screened by the Presiding Officer or designee who shall rule on the appropriateness of the material. The Presiding Officer, three (3) Councilmembers, a majority of the Councilmembers present, or the City Manager may introduce a new item to the agenda at a meeting. (a) The City Manager, in consultation with the Presiding Officer, shall place matters on the consent agenda which: (1)have been previously discussed by the Council; or(2)based • on the information delivered to members of the Council by administration can be reviewed by a Councilmember without further explanation; (3) are so routine, technical or "housekeeping" in nature that passage without discussion is likely; or (4) otherwise deemed in the best interest of the City. (b) The proper Council motion on the consent agenda is as follows: "I move approval of the consent agenda." This motion will have the effect of moving to approve all items on the Consent Agenda. Since approval of any item on the consent agenda implies unanimous consent, any member of the Council shall have the right to remove any item from the consent agenda. Therefore, prior to the vote on the motion to approve the consent agenda, the Presiding Officer shall inquire if any Councilmember wishes an item to be withdrawn from the consent agenda. If any matter is withdrawn, the Presiding Officer shall place the item at an appropriate place on the agenda for the current or a future meeting. 1.11 Approaching the Dais. The intent of adding this item specifically to our Governance Manual is to make it clear to Staff, Council and the general public once a Council meeting has been called to order,stepping between the podium and the dais will not be allowed. This includes,but is not limited to,video recording,still photography,tape recording,and written handouts. The Council reserves the right to invite anyone forward to be addressed at the dais. 1.12 Study Sessions and Workshops. The purpose of Study Sessions is to allow Councilmembers to be made aware of impending business and allow informal discussion of issues that might be acted on at a future meeting. The purpose of Workshops is to allow Councilmembers to do concentrated preliminary work with administration on single subjects but time Governance Manual 6 consuming, complex matters (i.e., budget, complex legislation or reports, etc.). Workshops and Study Sessions shall be in a less formal setting, council may be seated other than at the dais, but shall not discourage public observation. There will be no public comment at study sessions although the Council may request participation in the same manner as a regular Council meeting. The City Clerk, under the direction of the City Manager, shall arrange a Council study session or workshop agenda for the meeting. The agenda shall,for • each item, contain the discussion subject, the discussion leader, the activity and the discussion goal. After the proposed agenda has been approved by the Presiding Officer,a copy of the agenda and accompanying background materials shall be prepared for Councilmembers, the City Manager, and the press, on or before 4:30 p.m., one (1) day before the Council study session or workshop. As stated in 1.09 above, Councilmembers have the option of accessing their Council packet via the City's website, and unless notified otherwise, the City Clerk will not prepare a hard copy agenda packet for individual Councilmembers. During the Council study session or workshop, the discussion leader should: (a) Introduce the subject and give background information; (b) Identify the discussion goal; (c) Act as facilitator to keep the discussion focused toward the goal;and (d) Alert the Presiding Officer when it is appropriate to call for a consensus, motion or official direction of the Council. The role of the Presiding Officer is to facilitate Councilmembers engaged in free flowing discussion without the necessity of each councilmember being recognized by the presiding officer.The Presiding Officer retains the option of assuming the function of the discussion leader at any time in order to maintain decorum and ensure all councilmembers have the opportunity to be heard,and to keep the discussion properly focused. 1.13 Council Travel Provisions. This section is intended to provide guidance on the utilization of the Council budget for city business related travel expenses. The total allocation of travel funding budgeted for the Legislative Branch for the fiscal year will be apportioned (1/7) to each Councilmember.These monies may be used to defray expenses for transportation,lodging,meals and incidental expenses incurred in the conduct of city business. Periodic updated statements of expenditures will be provided to each Councilmember by the Finance Department. Should a Councilmember exhaust their apportionment of funds, that person will be responsible for payment of any travel and related expenses or they may request a voluntary allocation from another Councilmember who has a balance in their travel account. During the last six (6) months of a Councilmember's current term of office, incurring City business-related travel expenditures require the prior authorization of the Finance Committee, except when such travel fulfills the obligations of the Councilmember's service on statewide or regional boards,commissions or task forces. 1.14 Telephone Tree. Occasionally there are very important or emergency happenings in the community where members of the Council should receive briefings as quickly as possible. A City Council telephone tree system has been adopted by Council motion and is attached as Exhibit A-1 &A-2. Governance Manual 7 1.15 "Three Touch Principle." Decision makers and citizens at all levels of the City should have adequate time to thoughtfully consider the issues prior to final decisions. It is the intent of the Council that the Council and Administration shall abide by the "Three touch principle" whenever possible. The following procedural guidelines are designed to avoid"surprises"to the City Council,Citizens and Administrative personnel: Any request or proposal for adopting or changing public policy, Ordinances,Resolutions or City Council Directives which will require a decision of the City Council, or Administration, should "touch" the Decision makers three separate times. This includes oral or written reports, "information only" agenda items, or any combination thereof. To facilitate the Council's strategic use of legislative time at its meeting, staff may satisfy the first touch by issuing an informational memorandum, unless the subject matter is complex in nature. Quasi-judicial matters and any subject discussed in executive sessions are excluded from application of the"Three Touch Principle." m It is recognized that t unexpected circumstances may arise wherein observance of the "Three Touch Principle" is impractical. However, when unusual circumstances arise which justify a"first discussion" decision,the persons requesting the expedited decision should also explain the timing circumstances. This Principle excludes staff reports and other general communications not requiring a Council decision. 1.16 City Manager. The City Manager, as the chief executive officer and head of the-administrative branch of city government, or his/her designee, shall attend all meetings of the City Council, unless excused by the Presiding Officer or Council. The City Manager shall be responsible to the Council for the proper administration of all affairs of the City. The City Manager shall recommend for adoption by the Council such measures as he/she may deem necessary or expedient;prepare and submit to the Council such reports as may be required by the body or as the City Manager deems advisable to submit;keep the Council fully advised as to the business of the City; and shall take part in the Council's discussion on all matters concerning the welfare of the City. (RCW 35A.13.080) 1.17 City Clerk - Minutes - Public Information Access. The City Clerk shall be ex-officio Clerk-of-the-Council and shall keep minutes as required by law, and shall perform such other duties in the meeting as may be required by the Council,Presiding Officer, or City Manager. In the absence of the City Clerk, the City Clerk shall appoint a replacement to act as Clerk-of-the-Council. The Clerk-of-the-Council shall keep minutes which identifies the general discussion of the issue and complete detail of the official action or consensus reached, if any. When practical, and with the exception of Executive Sessions,the City Clerk shall audio record the proceedings of all City Council meetings,and shall keep and make available an index of the topics of each meeting which will facilitate location of the item in the appropriate meeting minutes.Access to the audio recordings shall be made reasonably available to any party who so requests,according to City public information procedures. 1.18 City staff— Attendance at Meetings. Attendance at meetings by City staff shall be at the pleasure of the City Manager. It is the intent of the Council that the City Manager schedule adequate administrative support for the business at hand but also protect the productive capability of Department Heads. When sound system or other monitoring capabilities exist, the City Manager may allow personnel to utilize productive time in their offices or other areas while waiting for the specific item of business for which their appearance before the Council is necessary. Governance Manual 8 End of Article I-Council Meetings ARTICLE 2-DUTIES AND PRIVILEGES OF MEMBERS 2.01 Respect and Decorum. It is the duty of the Mayor and Councilmembers to maintain dignity and respect for their offices, City staff and the public. While the Council is in session, the Councilmembers shall preserve order and decorum and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings of the Council, nor disrupt or disparage any member while speaking. Councilmembers and the public shall comply with the directives of the Chair. Any person making disruptive,disparaging or impertinent remarks or unreasonably disturbing the business of the Council,either while addressing the Council or attending its proceedings,shall be asked to leave, or be removed from the meeting. Continued disruptions may result in a recess or adjournment as set forth in section 3.04 below. 2.01A Forms of Address. The Mayor shall be addressed as "Mayor (surname)" or "Your Honor." The Deputy Mayor shall be addressed as"Deputy Mayor(surname)." Members of the Council shall be addressed as "Councilmember (surname)" unless waived by the Presiding Officer. 2.02 Seating Arrangement. Councilmembers shall occupy the respective seats in the Council Chamber assigned to them by the Mayor. 2.03 Dissents and Protests. Any Councilmember shall have the right to express dissent from or protest, orally or in writing, against any motion, ordinance or resolution of the Council and have. the reason therefore entered or retained in the minutes. 2.04 Filling Council Vacancies. If a vacancy occurs on the City Council,the Council will follow the procedures outlined in RCW 35A.13.020. In order to fill the vacancy with the most qualified person available until an election is held,the Council will publish a notice of the vacancy and the procedure, and distribute the application form for applying. The Council will have an application drafted which contains relevant information to answer set questions posed by the Council. The application form will be used in conjunction with interviews of candidates to aid in the selection of the Councilmember. End of Article 2-Duties and Privileges of Members ARTICLE 3-COUNCIL MEETING PROCEDURES 3.01 Rules of Order. Rules of order not specified by statute, ordinance or resolution shall be governed by the chart of the most common"Rules of Order"questions. Attached as Exhibit A-3. The City Clerk shall keep a copy of the most current "Robert's Rules of Order" in Council Chambers during Council meetings. (a) Out of Order Requests. Occasionally a member of the public may wish to speak on an agenda item but cannot remain until the item is reached on the agenda. During Open Comments From the Public, such person may request permission to speak by explaining the circumstances. The Governance Manual 9 Presiding Officer in his/her sole discretion shall rule on allowing or disallowing the out of order request. 3.02 Motions and Discussion. (a) All items of business placed before the Council that require the expenditure of Council and/or administration resources shall be in the form of an affirmative motion. Affirmative motions are preferred to prevent "approval by default" of a failed negative motion. (b) Agenda items scheduled as New or Old Business shall require a motion by a Councilmember before discussion unless the Council shall suspend the requirement by majority vote. Upon failure of either a prior motion or rule suspension,the agenda item shall be passed over and may not be reintroduced until the next regular meeting. (c) When possible, Councilmembers should direct questions primarily to the City Manager or the designated presenter. 3.03 Order of Business. The business of all regular meetings of the Council shall be transacted as follows: provided,however,that the Presiding Officer may, during a Council meeting,rearrange items on the agenda to conduct the business before the Council more expeditiously. (a) Call to order by the Presiding Officer. (b) Invocation (c) Pledge of Allegiance. (d) Roll Call(see Section 1.06 for procedure to excuse an absence). (e) Approval of Agenda (f) Introduction of Special Guests and Presentations. (g) Councilmember Reports of Council or government-related activities (e.g. synopsis of Committee or board meetings). These oral reports are intended to be brief, city work- related," heads-up in nature" or otherwise of significance in keeping the Council informed of pertinent policy issues or events stemming from their representation of the city on a regional Board or Commission. Extended reports shall be placed as agenda items for presentation or submitted in writing as an informational memo. (h) Presiding Officer's report. (i) Comments from the public on subjects not on the agenda for action - limit 3 minutes each,unless modified by the Presiding Officer. Note: the City Council desires to allow a maximum opportunity for public comment. However, the business of the City must proceed in an orderly, timely manner. At any time, the Presiding Officer, in the Presiding Officer's sole discretion, may set such reasonable limits as are necessary to prevent disruption of other necessary business. Governance Manual 10 1. Subjects not on the current agenda. The Presiding Officer may invoke a sign- in procedure for speakers. Any member of the public may request time to address the Council after first stating their name,address, and the subject of their comments. The Presiding Officer may then allow the comments subject to such time limitations as the Presiding Officer deems necessary. Following such comments, the Presiding Officer may place the matter on the agenda or a future agenda, or refer the matter to administration or a Council committee for investigation and report. 2. Subjects on the current agenda. Any member of the public who wishes to address the Council on an action item on the current agenda shall make such request to the Presiding Officer at the time when comments from the public are requested during the agenda item discussion. The Council may hear such comments before or after initial Council discussion. As an option, the Presiding Officer may invoke a sign in procedure. The Mayor, in consultation with the City Attorney, shall rule on the appropriateness of public comments as the agenda item is reached and shall rule on a specific individual or group time limit for public comment. The Presiding Officer may change the order of speakers so that comment is heard in the most logical groupings. 3. Comments shall be made from the microphone, first giving name, address and subject. No comments shall be made from any other location, and anyone making"out of order"comments shall be subject to removal from the meeting. • 4. There will be no demonstrations during or at the conclusion of anyone's presentation. Any disruptive behavior, as determined by the Presiding Officer, shall be cause for removal from the meeting room. 5. These rules are intended to promote an orderly system of holding a public meeting,to give persons opportunity to be heard,and to create an environment in which no individuals are embarrassed by exercising their right of free speech. 6. Any ruling by the Presiding Officer relative to the subsections 1 and 2 above may be overruled by a vote of a majority of members present. 7. Council shall not permit public comments if they relate to any matter upon which a quasi-judicial hearing has been required, scheduled, or held. See Article 6.01 for procedure for taking public comment on legislative matters. (j) Public Hearings(see Article 6 for procedural details). (k) Consent Agenda(see Section 1.10 for procedural details). (1) Old Business. (m) New Business. (n) Public Comments. [same as"i"above] (3-minute time limit each) (o) Administrative Reports. Reports or tracking of an administrative nature. Governance Manual 11 (p) Information only items. (q) Executive Session(as required). If Council holds an Executive session, it will be held in accordance with the Open Meetings Act,RCW Chapter 42.30. The Council may hold an executive session during a regular or special meeting. Before convening in executive session,the Presiding Officer shall ask for a Motion from Council to publicly announce * the purpose for adjourning into Executive Session the approximate length of time for the executive session,and a. the likelihood of Council taking action at the close of the Executive session and return to regular session,or b. that at the close of the Executive session and return to regular session, Council will likely take no action but will adjourn the meeting. The announced time limit for executive sessions may be extended by announcement. At the close of the Executive Session and upon Council's return to chambers: *The Presiding Officer will declare Council out of Executive Session *The Presiding Officer will ask for the appropriate motion(i.e.an action motion or adjourn). To protect the best interests of the City, Councilmembers must keep confidential all oral and written information provided during executive sessions. Confidentiality also includes information provided to Councilmembers outside of executive sessions when the information is considered exempt from disclosure under the Code of Ethics for Municipal Officers. (r) Adjournment. No Council meeting should be permitted to continue beyond approximately 9:00 p.m.without approval of a majority of the Councilmembers who are present and eligible to vote. A new time limit must be established before taking a Council vote to extend the meeting. In the event that a meeting has not been closed or continued by Council as herein specified,the items not acted on shall be deferred to the next regular Council meeting as old business,unless the Council, by a majority vote of members present,determines otherwise. 3.04 Adjournment Due to Emergency or Disruption. In the event of emergency, such as a fire, threatened violence, or inability to regain good order, the Presiding Officer shall forthwith declare the meeting adjourned or continued and the City Council shall immediately leave the meeting room. 3.05 Permission Required to Address the Council. Persons other than Councilmembers and administration shall be permitted to address the Council upon recognition and/or introduction by the Presiding Officer or the chair of the appropriate Council committee. 3.06 Voting and Tele/video Conferencing. The votes during all meetings of the Council shall be transacted as follows: (a) Unless otherwise provided by statute, ordinance, or resolution, all votes shall be taken by voice, except that at the request of any Councilmember, a roll call vote shall be taken by the City Clerk. The order of the roll call vote shall be determined by the City Clerk. (b) In case of a tie vote on any proposal,the motion shall be considered lost. Governance Manual 12 (c) Every member who was present when the question was put, shall give his/her vote unless the Council, for special reasons, shall excuse the member by motion. If any Councilmember refuses to vote "aye" or "nay," their vote shall be counted as a "nay" vote unless the Councilmember is abstaining due to actual, or appearance of,a conflict of interest. (d) The passage of any ordinance, grant or revocation of franchise or license, any resolution for the payment of money, any approval of warrants, and any resolution for the removal of the City Manager shall require the affirmative vote of at least a majority of the whole membership of the Council. (e) The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures for any calamity or violence of nature or riot or insurrection or war (except for the statutory powers of the Mayor in accordance with RCW 35A.13.030), and provisions for a lesser emergency, such as a budget amendment, shall require the affirmative vote of at least a majority plus one(1)of the whole membership of the Council. (RCW 35A.13.190) In the event calamitous conditions should prevent assembly of such majority through pandemic, death, injuries or other emergency, the provisions of RCW 35A.13.035 maybe invoked. (f) The passage of any motion or resolution not subject to the provisions of Washington law, the Spokane Valley Municipal Code, or this Resolution as amended requiring a "super majority" for approval, shall require the affirmative vote of at least a majority of the membership of the Council who are present and eligible to vote. (g) 1. Tele/video conference participation by Councilmembers may be allowed provided technical availability and compatibility of electronic equipment shall enable the Councilmember to hear the proceedings,be heard by those present and participate in Council discussion. (a) Requests to use tele/video conference participation shall be approved by the Council. This shall be done by motion at the beginning of the meeting for each request made to participate through the use of tele/video conferencing. Such participating Councilmember(s)should be present and counted.In such case, adequate equipment must allow the tele/video conference participant to engage in Council discussion and be heard. Telephone/computer system charges are to be at the Councilmember's own expense, unless waived in the Council motion. Adequate notice must be given to allow hookup in time for the main agenda. (b) No tele/video conference participation for voting purposes shall be allowed for public hearings or any quasi-judicial proceedings. Video conferencing may be permitted upon a majority vote of the Council present at the meeting site for such proceedings provided that all documents and exhibits are clearly visible and legible to all participants and provided that a video and audio record of the videoconference is made and provided to the clerk. The cost of such videoconferencing and record thereof shall be paid by the Councilmember requesting videoconferencing,unless waived by vote of the City Council. Governance Manual 13 3.07 Enacted Ordinances,Resolutions and Motions. (a) An enacted ordinance is a legislative act prescribing general rules of organization or conduct relating to the corporate affairs of the municipality. Council action shall be taken by ordinance when required by law, or where prescribed conduct may be enforced by penalty. (b) An enacted resolution is an administrative act which is a formal statement of policy concerning matters of special or temporary character. Council action shall be taken by resolution when required by law and in those instances where an expression of policy more formal than a motion is desired. (c) An enacted motion is a form of action taken by the Council to direct that a specific action be taken on behalf of the municipality. A motion, once approved and entered into the record, is the equivalent of a resolution in those instances where a resolution is not required by law, and where such motion is not in conflict with existing State or Federal statutes,City Ordinances or Resolutions. 3.08 Ordinances. The procedures for ordinances are as follows: (a) A Councilmember may,in open session,request of the Presiding Officer that the Council consider enacting an ordinance for a specific purpose. The Presiding Officer then may assign the proposed ordinance to the administration, a committee or the Council for consideration. The committee or administration shall report its fmdings to the Council. The City Manager may propose the drafting of ordinances (RCW 35A.13). Citizens, Boards and Commissions may also propose consideration of ordinances and resolutions, see Exhibit A-4 attached. (b) Sponsorship. When a Councilmember wishes to assume sponsorship of an ordinance or resolution, he or she should so announce, make the initial motion and provide an introduction of the measure. (c) Ordinances shall normally have two (2) separate readings at separate Council meetings. Unless waived by the City Council at each reading,the title of an ordinance shall be read by the City Clerk prior to its passage;provided that should a Councihnember request that the entire ordinance or certain of its sections be read, such request shall be granted. Printed copies shall be made available upon request to any person attending a Council meeting. (d) The provision requiring two (2) separate readings of an ordinance may be waived at any meeting of the Council by a majority vote of all members present. (e) If a motion to pass an ordinance to a second reading fails, the ordinance shall be considered lost, unless a subsequent motion directs its revision and resubmission to second reading. (f) Any ordinance repealing any portion of the Spokane Valley Municipal Code shall also repeal the respective portions of the underlying ordinance(s). Ordinances repealing Governance Manual 14 earlier ordinances shall not apply to acts, incidents, transactions or decisions occurring before such repeal. 3.09 Resolutions. A resolution may be put to its final passage on the same day on which it was introduced. While it is not necessary to have the title of a Resolution read aloud, , Council may invoke the two (2) reading procedures described in Section 3.08 (c) above to facilitate public understanding and/or comment on the resolution. If Council invokes the two reading procedures, a councilmember may request that the entire resolution or certain of its sections be read, and such request shall be granted. Printed copies shall be made available upon request to any person attending a Council meeting. 3.10 Reconsideration. Any action of the Council,including final action on applications for legislative changes in land use status,shall be subject to a motion to reconsider except: O any action previously reconsidered, a motions to adjourn or motions to suspend the rules, ® an affirmative vote to lay an item on,or take an item from,the table, e or a vote electing to office one who is present and does not decline. Such motion for reconsideration: 1.must be reconsidered during the same Council meeting 2.must be called up when no business is pending(no action is pending) a. if action is pending,the Mayor asks the Clerk to note that the motion to reconsider has been made and is taken up when a member calls the motion to reconsider the vote when no other business(action)is pending. 3.must be made by a member who voted on the prevailing side on the original motion a.a member who makes this motion should state that he or she voted on the prevailing side 4.needs a second,and can be seconded by any member 5. is debatable if the type of motion it reconsiders is debatable 6. is not amendable and requires a majority vote to adopt 7. If adopted, the original motion is placed before the council as if it had not been previously voted on. Hence, this is a two-sten process: (1) vote on whether to reconsider the vote and if adopted;the motion to be reconsidered is again under discussion and members take another vote on it. 8. Any motion for reconsideration of a matter which was the subject of a required public hearing or which is a quasi-judicial matter may not be discussed or acted upon unless and until the parties or their attorneys and the persons testifying have been given at least five(5)days advance notice of such discussion and/or action. 3.11 Legislative Process,Preparation,Introduction and Flow of Ordinances and Resolutions and Motions. Ordinances and Resolutions will customarily be prepared, introduced and proceed in the manner described on the flow chart attached hereto as Exhibit A-4, and by this reference incorporated herein. Prior to fmal passage of all ordinances, resolutions or motions, such documents or proposals shall be designated as !I RAFTS. All such drafts shall also be dated to include the most recent revision. Governance Manual 15 3.12 Complaints and Suggestions to Council. When citizen complaints or suggestions are brought before the City Council on matters not on a Council agenda, the Presiding Officer shall, in consultation with the City Manager, first determine whether the issue is legislative or administrative in nature and then: (a) If legislative, and a complaint is about the language or intent of legislative acts or suggestions for changes to such acts, and if the Council fords such complaint suggests a change to an ordinance or resolution of the City, the Presiding Officer may refer the matter to a committee,administration,or the Council for study and recommendation. (b) If administrative, and a complaint regards administrative staff performance, execution of legislative policy or administrative policy within the authority of the City Manager, the Presiding Officer should then refer the complaint directly to the City Manager for review, if said complaint has not been so reviewed. The City Council may direct that the City Manager brief the Council when the City Manager's response is made. 3.13 Photographs, motion pictures or video tape requiring artificial illumination — Prior Permission Required. No overhead projection, photographs, motion pictures, or video tapes that require the use of floodlights, or similar artificial illumination shall be used by the public at City Council meetings without the prior consent of the Presiding Officer or the City Manager. End of Article 3- Council Procedures ARTICLE 4-COMMITTEES,BOARDS& COMMISSIONS 4.01 Committees. (a) All standing Committees,Boards,and Commissions which are required by state law shall be appointed by the Mayor with confirmation by the Council. (b) All other Council Committees, Citizen Task Force groups and rules or operating procedures thereof shall be established by Council Directive with special attention to RCW 35A.13.120, and after consultation with the City Manager. Such committees shall be commissioned for a time certain, not to exceed two (2) years or the term of the appointing Mayor, whichever is less and provided with a clear task description and "sunset" provision. Appointment shall be by the Mayor. Council may waive confirmation in the instrument creating said committee or group. Such Committees shall be subject to review, whenever a new Council is seated following elections, so as to determine whether the committee and its functions continue to be appropriate and necessary. Members of any Committee, Board or Commission which have been appointed or confirmed by the Council, may be removed without cause by a majority vote of the Council. A copy of the motion(s), or as hereafter amended, establishing committees, liaisons and citizen's task force groups shall be attached hereto, as Exhibit A-5. (See the attached related charts Exhibits A-6(1)(2)&A-7.) (c) Other special ad hoc committees and Council liaisons for a particular purpose may be appointed by the Mayor,without confirmation of Council for a time certain,not to exceed the term of the appointing Mayor, along with a clear task description and "sunset" provision. Governance Manual 16 (d) Committees,liaisons and citizen taskforce groups shall be given an opportunity to make a recommendation, when appropriate, on proposed ordinances, resolutions and motions within their area of responsibility or interest,before action is taken by the Council. The appropriate spokesperson shall present the recommendation(s) during discussion of that business item on a Council agenda. (e) Council member(s)may be designated by the City Council to take the lead on particular significant issues and to provide appropriate feedback of information to Council, in order to gain corporate approval and coordination of corporate efforts. No Councilmember may speak for the Council unless Council has designated that person as the lead on that particular issue. (f) No Advisory Board or Commission shall take any final action outside of an open public meeting. 4.02 Council Relations with Boards,Commissions and Council Citizen Advisory Bodies. All statutory boards and commissions and Council citizen advisory bodies of the City of Spokane Valley shall provide the Council with copies of minutes of all meetings. Communications from such boards, commissions and bodies to the City Council shall be acknowledged by the Council. Any member of the Council may also bring such communication to the Presiding Officer's attention under the agenda item"Committee, Board and Liaison Reports." Should any member of the Council determine that any such communication be officially answered by the Council,the Presiding Officer shall place the matter on the agenda under New Business for the current meeting or any subsequent meeting. End of Article 4-Committees,Boards&Commissions ARTICLE 5-RELATIONS WITH CITY MANAGER&ADMINISTRATION 5.01 Role of the City Manager. The City Manager is the chief administrative officer of the City of Spokane Valley. The City Manager is directly accountable to the City Council for the execution of the City Council's policy directives, and for the administration and management of all City departments. The powers and duties of the City Manager are defined by Washington law, RCW 35A.13.080. Such duties may be expanded by Ordinance or Resolution. Balanced with City Manager's accountability to the City Council for policy implementation is the need for the Council to allow the City Manager to perform legally defined duties and responsibilities without interference by the City Council in the day-to-day management decisions of the City Manager. 5.02 Administrative Interference by Councilmembers. Neither the Council nor any of its committees or members shall direct or request the appointment of any person to, or his/her removal from, any office by the City Manager or any of his/her subordinates. Except for the purpose of inquiry,the Council and its members shall deal with the administrative branch solely through the City Manager and neither the Council nor any committee or member thereof shall give any orders to any subordinate of the City Manager, either publicly or privately; provided, however, that nothing herein shall be construed to prohibit the Council, while in open session, from fully and freely discussing with the City Manager anything pertaining to appointments and removals of City officers and employees and City affairs. (RCW 35A.13.120.) Governance Manual 17 5.02.1 Informal Communications Encouraged. The above RCW requirement is not to be construed as to prevent informal communications with City staff that do not involve orders, direction, or are meant to influence actions or administrative policy. Members of the Council are encouraged to interact informally and casually with City staff for the purpose of gathering information, obtaining explanations of policies and programs or providing incidental information to staff relevant to their assignment. Such informal contacts can serve to promote better understanding of specific City functions and problems. However,Councilmembers must be careful in such interaction to avoid giving direction or advice to members of City staff. While maintaining open lines of communication, City staff responding to information requests from Councilmembers will inform their supervisor of such contact and provide the supervisor with the same information shared with the Councilmember. 5.03 Administrative Complaints Made Directly to Individual Councilmembers. When administrative policy or administrative performance complaints are made directly to individual Councilmembers,the Councilmember shall then refer the matter directly to the City Manager for review and/or action. The individual Councilmember may request to be informed of the action or response made to the complaint. However, the City Manager shall not be required to divulge information he/she deems confidential, in conformity with applicable statutes, ordinances, regulations,policies or practices. 5.04 Administrative Complaints — "Best Practice." Although citizens' direct access to elected officials is to be encouraged to help develop public policy, City Councilmembers should not develop a "personal intervention" pattern in minor calls for service or administrative appeals which may actually delay a timely customer service response. The best policy is to get the citizen into direct contact with customer service unless an unsatisfactory result has occurred. In that case refer to Section 5.03 above. End of Article 5—Relations with City Manager&Administration ARTICLE 6-PUBLIC HEARING PROCEDURES 6.00 There are two types of public hearings,legislative and quasi-judicial: (a)Legislative public hearing are hearings held to obtain public input on legislative decisions on matters of policy. Legislative public hearings are required by state law when a city or county addresses such matters as comprehensive land use plans, or the annual or biennial budget. They are generally less formal than quasi-judicial public hearings. They do not involve the legal rights of specific, private parties in a contested setting, but rather affect a wider range of citizens or perhaps the entire jurisdiction. The wisdom of legislative decisions reached as a result of such hearings is not second-guessed by the courts;if challenged,they are reviewed only to determine if they are constitutional or violate state law. For example, a court will not review whether the basic budgetary decisions made by a city were correctly made. (b) Quasi-judicial public hearings involve the legal rights of specific parties, and the decisions made as a result of such hearings must be based upon and supported by the"record"developed at the hearing.Quasi-judicial hearings are subject to stricter procedural requirements than legislative hearings. Most quasi-judicial hearings held by local government bodies involve land use matters, including site specific rezones,preliminary plats,variances, and conditional uses. (MRSC Public Hearings When and How to Hold Them by Bob Meinig,MRSC Legal Consultant August 1998) Governance Manual 18 6.01 Legislative Public Hearings: (a) State statutes do not specify how public hearings should be conducted. Because legislative hearings are generally informal, the main concern is to provide an opportunity for all attending members of the public to speak if they so desire. Time limits should be placed on individual comments if many people are intending to speak,and the public should be advised that comments must relate to the matter at hand. The "ground rules" for the conduct of the hearing should be stated by the presiding official at the beginning of the hearing. (b) Actions for a Public Hearing. Prior to the start of the public hearing, the Presiding Officer announces the following Rules of Order: 1. All public comments shall be made from the speaker's rostrum,and any individual making comments shall first give their name and address. This is required because an official recorded transcript of the public hearing is being made. 2. No comments shall be made from any other location, and anyone making "out of order"comments shall be subject to removal from the meeting. 3. Unless otherwise determined by the Presiding Officer, all comments by the public shall be limited to three minutes per speaker. 4 There will be no demonstrations, applause or other audience participation, before, during or at the conclusion of anyone's presentation. Such expressions are disruptive and take time away from the speakers. 5. These rules are intended to promote an orderly system of holding a public hearing,to give persons an opportunity to be heard, and to ensure that individuals are not embarrassed by exercising their right of free speech. c. The Presiding officer declares the public hearing on (topic)open,notes the time for such opening, and asks staff to make their presentation. d.After staff presentations,the Presiding Officer calls for public testimony. e. The presiding officer asks if any members of Council have questions of any of the speakers or staff. If any Councilmember has questions, the appropriate individual will be recalled to the podium. f.The presiding officer declares the public hearing closed and notes the time for such closing. 6.02 Quasi-Judicial Public Hearings: 1. Specific Statutory Provisions. a. Candidates for the City Council may express their opinions about pending or proposed quasi-judicial actions while campaigning, RCW 42.36.040, except that sitting Councilmembers shall not express their opinions on any such matter which is or may come before the Council. Governance Manual 19 b. A candidate for the City Council who complies with all provisions of applicable public disclosure and ethics laws, shall not be limited under the Appearance of Fairness Doctrine from accepting campaign contributions to finance the campaign,including outstanding debts. (RCW 42.36.050) c. Ex Parte communications should be avoided whenever possible. During the pendency of any quasi-judicial proceeding, no Councilmember may engage in ex parte communications with proponents or opponents about a proposal involved in the pending proceeding unless the Councilmember: (1)places on the record the substance of such oral or written communications; and (2) provides that a public announcement of the content of the communication and of the parties'rights to rebut the substance of the communication shall be made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and his or her elected official if the correspondence is made a part of the record, when it pertains to the subject matter of a quasi-judicial proceeding. (RCW 42.36.060) d. Public Disclosure File. The City Clerk shall maintain a public disclosure file,which shall be available for inspection by the public. As to elected officials,the file shall contain copies of all disclosure forms filed with the Washington State Public Disclosure Commission. e. Procedure On Application. Any person making application for any action leading to a quasi-judicial hearing before the Planning Commission and City Council shall be provided with a document containing the following information: (1) the names and address of all members of the City Council, and the Planning Commission,(2)a statement that public disclosure information is available for public inspection regarding all such Councilmembers, and (3) a statement that if the applicant intends to raise any appearance of fairness issue,the applicant should do so at least two(2)weeks prior to any public hearing, if the grounds for such issue are then known and in all cases, no later than before the opening of the public hearing. The applicant shall sign a receipt for such document. 2.Actions/Procedures for a Quasi-Judicial Public Hearing. See the following Spokane Valley Municipal Code Appendix C for City Council appeal hearing procedures. Appendix C CITY COUNCIL APPEAL HF,ARING PROCEDURES A.The council shall not consider any new facts or evidence outside the verbatim transcript and certified record submitted by the hearing examiner,except for: 1.Grounds for disqualification of the hearing examiner, when such grounds were unknown by the appellant at the time the record was created;or 2.Matters that were improperly excluded from the record after being offered by a party to the hearing before the hearing examiner; or 3.Matters that were outside the jurisdiction of the hearing examiner. The council shall allow the record to be supplemented if the offering party demonstrates grounds for supplementation as set forth in subsections(A)(1),(2)or(3)of this appendix. a.Any party requesting that the record be supplemented shall submit such request, along with the specific evidence to be offered to the council, within 14 calendar days of the date the appeal hearing was scheduled. b.The council may require or permit the correction of ministerial errors or inadvertent omissions in the preparation of the record. c.The council will allow the submittal of memoranda by the appellant,or a party of record in opposition to the appeal,subject to the following requirements: Governance Manual 20 i.The appellant may file a memorandum in support of the appeal. The memorandum must be filed no later than 12:00 noon on the third Friday preceding the date set by the council for consideration of the appeal. ii.Any party of record in opposition to the appeal may submit a reply memorandum in opposition to the appeal.Any reply memorandum must be filed no later than 12:00 noon on the second Friday preceding the date set for consideration of the appeal. iii.All memoranda shall be limited to stating why the record or applicable laws or regulations do or do not support the decision,and shall not contain any new facts or evidence, or discuss matters outside the record,except as permitted above. iv.The offering party shall promptly submit a copy of the memorandum or request to supplement the record to the city attorney,and to opposing parties as practicable. B.The council will allow oral argument by the appellant, or a party of record in opposition to the appeal,subject to the following requirements: 1.It is expected that all parties can reasonably be aligned as either in support of the appeal or opposed to the appeal.Accordingly, all parties who desire to make oral argument shall communicate with other parties aligned on the same side of the appeal and attempt to reach agreement in selecting a representative, or otherwise arrange for the allocation of time allowed under these rules to those in support of or those opposed to the appeal. 2. Oral argument shall be presented first by the appellant,followed by those parties of record in opposition to the appeal,and then rebuttal and surrebuttal. 3. Oral argument shall be limited to stating why the record or applicable laws or regulations do not support the decision,and shall not contain any new facts or evidence unless allowed by subsection A of this appendix. 4. Oral argument shall be limited to 20 minutes total for the appellant, and 20 minutes total for those parties in opposition to the appeal,regardless of how many parties make up each side. 5.The respective times allowed for oral argument above include the combined time used by a side for opening argument, rebuttal and surrebuttal. The time taken to respond to questions from the council is not included in the time allowed for argument. C.The council may affirm or reverse the hearing examiner's decision, or remand it for further proceedings. The hearing examiner's decision will be presumed to be correct and supported by the record and law.A tie vote on any motion shall have the effect of affirming the hearing examiner's decision. D.The council may reverse the hearing examiner's decision, or remand it for further proceedings, if the appellant has carried the burden of establishing that one or more of the following standards is met: 1. The hearing examiner engaged in unlawful procedure or failed to follow a prescribed process, unless the error was harmless; 2.The decision is an erroneous interpretation of the law, after allowing for such deference as is due to construction of law by a local jurisdiction with expertise; 3.The decision is not supported by evidence that is substantial when viewed in light of the entire record; 4.The decision is a clearly erroneous application of the law to the facts; 5.The decision is outside the authority of the hearing examiner. E.The council may also remand the decision to the hearing examiner if the appellant offers newly discovered evidence that would reasonably have affected the decision had it been admitted in the proceedings before the hearing examiner. "Newly discovered evidence" is evidence that with reasonable diligence could not have been discovered and produced at the time the proceedings before the hearing examiner were conducted. F.The council shall adopt written findings and conclusion in support of its decision. If the council concludes that a fmding of fact by the hearing examiner, upon which the decision is based, is not supported by substantial evidence,the council may modify the finding or substitute its own fmding, citing substantial evidence in the record that supports the modified or substitute finding. In the event of a tie Governance Manual 21 vote on the proposed findings of fact,that vote shall be considered a final action,the findings shall reflect the same,and the decision of the hearing examiner shall be affirmed. G.The council's decision shall include a notice stating that the decision can be appealed within 21 calendar days from the date the decision was issued,by filing a land use petition with the superior court as provided in Chapter 36.70C RCW and meeting the other provisions of such chapter,and that the decision shall act as official notice under RCW 43.21C.075. H.The notice included in the council's decision shall also state that affected property owners may request the Spokane County assessor for a change in valuation for property tax purposes notwithstanding any program of revaluation,pursuant to RCW 36.70B.130. I. The city clerk shall,within five business days from the date of the council's decision on the appeal, mail a copy of the council's decision to the appellant,the applicant (if different than the appellant), any other party who testified or submitted a memorandum at the closed record appeal hearing before the council, any person who requested notice of the decision, and any person who submitted substantive comments on the application. The city clerk shall also provide notice of the decision to the county assessor. J.Where the hearing examiner's decision recommends approval of the proposal and no appeal has been filed within the time period set forth above,the city manager or designee shall modify the official zoning map of the City according to the hearing examiner's decision. The modification of the zoning map completes the hearing examiner's decision and shall be considered the final legislative action of the city council. Such final action,for zoning purposes,is considered an official control of the City by exercise of its zoning and planning authority pursuant to Washington law. (Ord. 08-022,2008). 3.Appearance of Fairness Doctrine. a. "The test of whether the appearance of fairness doctrine has been violated is ... as follows: Would a disinterested person,having been apprised of the totality of a board member's personal interest in a matter being acted upon, be reasonably justified in thinking that partiality may exist? If answered in the affirmative, such deliberations, and any course of conduct reached thereon, should be voided." Swift vs. Island County,87 Wn.2d 348(1976). Smith vs. Skagit County,75 Wn.2d 715 (1969). b. Types of Hearings to Which the Doctrine Applies. The Appearance of Fairness Doctrine shall apply only to those actions of the Council which are quasi-judicial in nature. Quasi-judicial actions are defined as actions of the City Council which determine the legal rights,duties,or privileges of specific parties in a hearing or other contested proceeding. Quasi-judicial actions do not include the legislative actions adopting, amending, or revising comprehensive, community, or neighborhood plans or other land use planning documents or the adoption of area-wide zoning ordinances or the adoption of a zoning amendment that is of area-wide(versus site-specific)significance(RCW 42.36.010). Street vacations are typically legislative actions, unless clearly tied to, and integrated into, a site-specific development proposal which is quasi-judicial in nature. c.Obligations of Councilmembers-Procedure. 1. Immediate self-disclosure of interests that may appear to constitute a conflict of interest is hereby encouraged. Councihnembers should recognize that the Appearance of Fairness Doctrine does not require establishment of a conflict of interest, but whether there is an appearance of conflict of interest to the average person. This may involve the Councilmember or a Councilmember's business associate, or a member of the Councilmember's immediate family. It could involve ex parte (outside the hearing) communications, ownership of property in the vicinity, business dealings with the proponents or opponents before or after the hearing,business dealings of the Councilmember's employer with the proponents or opponents, announced predisposition,and the like. Prior to any quasi-judicial hearing,each councilmember should give consideration to whether a potential violation of the Appearance of Fairness Doctrine exists. If the answer is in the affirmative,no matter how remote,the Councilmember should disclose such Governance Manual 22 facts to the City Manager who will seek the opinion of the City Attorney as to whether a potential violation of the Appearance of Fairness Doctrine exists. The City Manager shall communicate such opinion to the Councilmember and to the Presiding Officer. 2. Anyone seeking to disqualify a Councilmember from participating in a decision on the basis of a violation of the Appearance of Fairness Doctrine must raise the challenge as soon as the basis for disqualification is made known, or reasonably should have been made known, prior to the issuance of the decision. Upon failure to do so,the Doctrine may not be relied upon to invalidate the decision. The party seeking to disqualify the Councilmember shall state with specificity the basis for disqualification;for example: demonstrated bias or prejudice for or against a party to the proceedings,a monetary interest in outcome of the proceedings,prejudgment of the issue prior to hearing the facts on the record, or ex parte contact. Should such challenge be made prior to the hearing, the City Manager shall direct the City Attorney to interview the Councilmember and render an opinion as to the likelihood that an Appearance of Fairness violation would be sustained in Superior Court. Should such challenge be made in the course of a quasi-judicial hearing, the Councilmember shall either recuse him/herself or the Presiding Officer shall call a recess to permit the City Attorney to make such interview and render such opinion. 3. The Presiding Officer shall have authority to request a Councilmember to excuse him/herself on the basis of an Appearance of Fairness violation.Further, if two (2)or more Councilmembers believe that an Appearance of Fairness violation exists, such individuals may move to request a Councilmember to excuse him/herself on the basis of an Appearance of Fairness violation. In arriving at this decision,the Presiding Officer or other Councilmembers shall give due regard to the opinion of the City Attorney. d. When Council conducts a hearing to which the Appearance of Fairness Doctrine applies,the Presiding Officer (or in the case of a potential violation by that individual, the Mayor Pro Tem) will ask if any Councilmember knows of any reason which would require such member to excuse themselves pursuant to the Appearance of Fairness Doctrine. The form of the announcement is as follows: All Councilmembers should now give consideration as to whether they have 1. A demonstrated bias or prejudice for or against any party to the proceedings; 2. A direct or indirect monetary interest in the outcome of the proceedings; 3. A prejudgment of the issue prior to hearing the facts on the record;or 4. Had ex parte contact with any individual,excluding administrative staff,with regard to an issue prior to the hearing. If any Councilmember should answer in the affirmative, then the Councilmembers should state the reason for his/her answer at this time,so that the Chair may inquire of administration as to whether a violation of the Appearance of Fairness Doctrine exists. End of Article 6-Public Hearing Procedures ARTICLE 7—USE OF RULES 7.01 Purpose. These City Council Rules of Procedure are designed to provide guidance for the City Council. They are not to be considered restrictions or expansions of City Council authority. These rules have been prepared from review of many statutes, ordinances, court cases and other Governance Manual 23 sources but they are not intended to be an amendment or substitute for those statutes,ordinances, court decisions or other authority. 7.02 Use. No action taken by a Councilmember or by the Council which is not in compliance with these rules, but which is otherwise lawful, shall invalidate such Councilmember's or Council action or be deemed a violation of oath of office,misfeasance or malfeasance. No authority other than the City Council may enforce these rules or rely on these rules. Failure of the City Council to follow any of these rules shall be considered a Council decision to waive such rule. No notice of such waiver need be given. 7.03 Public Use or Reliance Not Intended. Because these rules are designed to assist the City Council and not to provide substantive rules affecting constituents,it is expressly stated that these rules do not constitute land use regulations, official controls, "appearance of fairness rules," public hearing rules or other substantive rules binding upon or to be used by or relied upon by members of the public. These rules do not amend statutory or other regulatory (such as ordinance) requirements. End of Article 7— Use of Rule Governance Manual 24 EXIIIBIT A-1 MEMORANDUM APRIL ,200 DATE: TO: CITY COUNCIL FROM: CITY MANAGER SUBJECT: EMERGENCY TELEPHONE TREE FOR SPOKANE VALLEY GOVERNMENT Sometimes an important happening occurs in the City where Councilmembers should be briefed: For example: Major News! Accident,Disaster,Major Utility Failure! Storm Damage Major Police Problem Civil Emergency A pre-arranged "telephone tree" informs the entire Council of important happenings in the shortest possible time. An informed Councilmember can avoid embarrassment when asked by a citizen about a major event even when it does not involve the Council in any direct way. The telephone tree for timely briefings of major emergency news is shown on the attached sheet. The Mayor should assign the tree according to availability of the members. Governance Manual 25 EXHIBIT A-2 Telephone Tree for Council/Manager Government COUNCILMEMBER Name Phone(work) Phone(home) First call by Mayor or 1st COUNCILMEMBER Cellular City Manager Name COUNCILMEMBER MAYOR OR CITY MANAGER Phone(work) Phone(home) Cellular Name Name — Phone(work) Phone(work) Phone(home) Phone(home) Cellular Cellular Name Phone(work) Phone(home) COUNCILMEMBER Cellular 2ND COUNCILMEMBER _ Name Phone(work) Phone(home) Name — Phone(work) _ Cellular Phone(home) Cellular COUNCILMEMBER Name — Phone(work) Phone(home) Cellular II Governance Manual 26 Exhibit A-3 Parliamentary Procedure at a Glance May you Must be Is motion To do this: You say this: interrupt seconded? debatable? Vote required speaker? Introduce business "I move that..." NO YES YES MAJORITY Amend a motion "I move to amend this motion" NO YES YES MAJORITY Request information "Point of information" YES NO NO NO VOTE Suspend further discussion "I move we table it" NO YES NO MAJORITY End debate and bring matter to an "I move the previous question..." MAJORITY immediate vote(call for the question) or"I call for the question" NO YES NO Postpone discussion "I move we postpone this matter until..." NO YES YES MAJORITY Have something further studied by a "I move we refer..." committee NO YES YES MAJORITY Ask for a vote count to verify a voice "I call for a division of the house" vote NO NO NO NO VOTE Jbject to considering some matter "I object to consideration of this" YES NO NO MAJORITY Take up a matter previously tabled "I move to take from the table..." NO YES NO MAJORITY Reconsider something already disposed "I move we reconsider action on of ..." YES YES YES MAJORITY Consider something in unscheduled "I move we suspend the rules and order ..." NO YES NO MAJORITY Vote on a ruling by the chair "I appeal the chair's decision" YES YES YES MAJORITY Object to procedure or personal "Point of order" affront--chair decides YES NO NO NO VOTE Complain about noise,room "Point of privilege" temperature,etc. YES NO NO NO VOTE Recess the meeting "I move that we recess until..." NO YES NO MAJORITY Adjourn the meeting "I move that we adjourn" NO YES NO MAJORITY Governance Manual 27 EXHIBIT A-4 LEGISLATIVE PROCESS FLOW CHART Citizens City Council .4 (proposed draft) City Manager (proposed draft) V Council Study Session ID (Council draft or summary) Initiative filed (only for matters subject to Administration initiative in accordance with study Washington law) draft (proposed draft) V City Council lst Reading Election held Public Meeting (Council draft) 1 V City Council rd Reading If approved by voters, Ordinances ordinance prepared (Council ordinance) V ADOPTED POLICY/LAW OF THE CITY 44 Governance Manual 28 EXHIBIT A-S 1. Standing Committees or Commissions required by law shall be appointed by Mayor for a time certain not to exceed the term provided by law or the term of office of the appointing Mayor and confirmed by Council: Finance--3 members Planning Commission--7 members Lodging Tax Advisory Committee--5 members. Committee Procedures: The Finance Committee shall have no regular prescribed duties or meetings except the bills/payroll and warrant procedures required by state law,unless specifically charged by the City Council. Committee meetings(when held)should be open to the public,including the media,unless discussing matters which would qualify for an executive session if discussed within the whole Council. All Council Committee meetings shall be for the purpose of considering legislative policy matters, rather than administrative matters unless requested by the City Manager. Legislative policy considerations should be brought to the Council unless referred to a committee for pre-study. The Mayor may appoint such other ad hoc advisory committees or liaisons from the Council or community for the purpose of advising the Council in legislative policy matters. All ad hoc committees shall be defined by a clear task and a method of"sunsetting"the committee at the conclusion of the assigned task. 2. Council liaison appointees shall be appointed by the Mayor and confirmed by the Council for a time certain not to exceed the term of the appointing Mayor. Liaison Procedures. Individual members of the Council may be assigned as liaisons whose duties involve keeping current with a group or activity by either attendance when the group or activity takes place or communication with appropriate leaders so the liaison Councilmember can keep Council informed. Liaisons may, at times, advocate Council actions on behalf of their assigned group or activity. Extreme care must be taken to avoid an Appearance of Fairness Doctrine violation, or conflict of interest possibilities with agencies or circumstances where such possibilities may exist (i.e.: Planning Commission quasi-judicial). Liaisons functions and duties may be further defined and/or directed by the Presiding Officer with concurrence of Council. 4. Task Force Creation Criteria. The City Council may, from time to time, create, and appoint members to, small Task Force Groups for the purpose of examining issues and making recommendations important to the City Council but not requiring the more formalized process stated in (5)below. In all cases, the instrument appointing a Task Force shall prescribe a time certain for the work of the Task Force, contain a clear task assignment and a method of"sunsetting"the group upon completion of the task. 5. Task Force/Public Forum Steering Group for Public Issues of high interest/high impact. Upon motion of the City Council, a Councihnember may be appointed by the Mayor as a liaison leader to organize a steering group to strategize a particular community subject or issue. The steering group shall consist of two Councilmembers and one representative of City Administration. The Councilmembers shall be appointed by the Mayor and the technical support shall be appointed by the City Manager. Such appointments shall identify the task(s) and a method of determining how the group shall "sunset" when the task is completed. The steering group shall serve as a collection point for information and activity pertaining to the task or issue assigned. Various City representation roles and Council liaisons may be involved in bringing information together on the task or issue.The steering group liaison informs Council of the group's activity at Council meetings (when appropriate). A task force group may then be created by Council motion(directive) to function according to the model attached as Exhibit A6(1). Governance Manual 29 Task Force/Public Forum Procedures. When major public policy development warrants, and after adequate preparation of issues and alternatives,the steering group may conduct larger citizen forums to help develop a public consensus on the issues. The product of such citizen forums, when held, shall be presented to the City Council prior to the customary City Council deliberations (i.e., agenda actions, public hearings, etc.) which could normally result in final action. The procedures are further illustrated in Exhibit A6(1) attached. The City Manager may also appoint such ad hoc or special projects administrative advisory task groups as he or she may deem necessary to assist City administrative activity. Such appointments shall identify the task(s)and a method of determining how the group shall"sunset"when the task is completed. Citizens Task Force Steering Procedures. When the nature of a major issue indicates a need for increased citizen involvement or expertise at the steering level of a task force, the Council may, by legislative directive, commission a Citizens Task Force Steering Group consisting of one (1) councilmember, one(1) qualified citizen, and the City Manager. The Citizens Task Force shall function in a manner similar to the Task Force Procedures contained in Sections 4 and 5 above. The procedures are further illustrated in Exhibit A7,attached. Multi-Agency Coordinating Task Force Steering Procedures. When a major public/private effort involves key agencies outside of City Government but vital to community coordination, the Council may create by legislative directive, an appropriately named (Multi-Agency) Coordinating Task Force Steering Group. Membership shall consist of one(1)councilmember,the City Manager, one (1)representative from each City Board or Commission key to the issue or project and one (1) member from each private, non-profit agency with key interest or resources vital to the issue or project. Each agency shall appoint one (1) member to serve on the Steering Group and one (1) member to serve as alternate. Except for the first organizational start-up meeting, alternates shall not attend Steering Group meetings. Steering Group members shall function in a manner similar to the task force procedures described in Sections 4, 5,and 6 above. The procedures are further illustrated in Exhibit A6(2)attached. General Town Hall/Neighborhood Meetings. The public should be encouraged to attend regular and special City Council meetings to participate in their government. The City Council Rules of Procedure are designed to facilitate an open atmosphere for citizen participation. However, any two (2), but not more than three (3), members of the City Council may desire to convene a citizens' town hall/neighborhood meeting or series of meetings for the purpose of providing a general forum on city operations. Such town hall meetings shall,when convened, provide information pertaining to any known issues as well as opportunity for citizens to express their views on any subject. The Councilmembers may request that the City Manager or his/her designee attend these meetings to answer questions on administrative matters. Although not official council meetings, members of the City Council shall report issues to the City Council. Councilmembers should avoid discussion or receiving testimony which pertains or may pertain to potential lawsuits, land use issues, or other quasi- judicial proceedings which might later come before the Council. Governance Manual 30 EXHIBIT A-6(1) TASK FORCE/TOWN HALL MEETINGS GENERAL MODEL • • I'P A 6(1) . 'NAS11 CERVITUR HALL IVIEETEDI GS GENERAL Iii@DEL - ciitycot.,da rinaPublicInput IV9ags Seet Forum , Format saran Liaison Role• dimesiagpublic Couaeiimember information&two --'1' -PublicPiocess i comncnSpgtiiic Scommvi,tcatioa brains,cis. vay • A ' . Citizen Input Path Task Force • Report to Council by• Stseeteiag. i • , teering group• 2 Council(appointed by . •. • •Mayor)* • Public El- rocess hole. • - City Manager •• o QpcnSubjectibvtaHallMceti igs `Rash Force-Public` . Y (Techateal Support) 'Citizen Issue • Information coardinnted Ccasensus' AppoktedbyCM t 4PublicForams 4- by shmnggmup— forums• �IosrnliallMe tings. • nporutoCouncilby etc. Rummies, • *Hearings, liziscnor directly to - '- PsP Reprosentatlon/Coordinaon public task force forums' ee-cusices, Roles byCounciimembcr, D . idntiry issues, Staff • • dcrclop ' *Carl 170 n appointed tole group via can:cesu ' general Public foram or closed group, i depending on issues • 'MOTION"To Approve the TnslcltorcefIovm v V ' Tull General MYIodeIHcr nContainedand IneorporntednsWait A6(I)ofthe City of Regional Groups Technical Groups& Local Interest Groups Spokn ne Valley Council Rules ofProcedure." Organizations i &Organizations . w • N \.._...' • J iv Governance Manual 31 EXHIBIT A-6(2) MULTI-AGENCY COORDINATING TASK FORCE MODEL rJ (.. • EDIT A-6(2) MuLTz.FIGjE11IClt COOi3DINIVIING WASHFortcpraOitiEL . ' ' City Council florl Public Input • IdnisonRole •Meetings Penn Councilmunbcr/CityMrnager&two Rani lamb discussion,public Non City Minn Rol: Public Proem rommcat,puSlio Agrocy/Group 4—f TeeWq heeilug.cta • Non City Agency/Group / A tj Taslc roa'ce City Bond or Taskl7orreInput • lifeeain Gaon Path 9 � • - Commission � IuporttoCouncilby • A stcerbs cgouo 1-Coimcitmember • .i-City Manager Comp.Pim 1-CityBoardor. I Retort Commission, 0 .TownEnilMee5ng • , y ' - -•.. • ' 1-Non CityAgenoy/Group • 1-Non City Agency/Groom • 'resit FoecoPublic. • • (Each agency oppoiots its £oRUms* imam) Information coordinated• - Cltvra ssuc . a—by steering group— > *Opcnlicuseronuns ;.4 _Tanrases reports to Agency by • • +Towa2iall Mutiag 4 mm6o Iteprescntsiion/Coordia on lioisonor directly to *CiubItmra Tno 4 group Robs Steering Group public task force forums tliscy?ons, Mcmbus Ida tiff issues, • • &Mop *Canbe an appointed core group with cuneronc • general public ionma or closed group, depending on issues i . • • MOTIO1`i`To Approve the Multi-Agency v • • v ° Coordinating Teskporce General Model • Plan Community *Gather Information Chart Herein Contained and Incorporated as Information and *Technical Groups& Locnllnturest Groups rsllibit A6(2)of the City of Spokane Valley Involvement Strategies Organizations Se Organizaions Governance Coordination Rules of Service Clubs,etc. Procedure." • • Governance Manual 32 EXHIBIT A-7 CITIZEN'S TASK FORCE GENERAL,MODEL CHART •' 'z�rrA -7 . Motion'To Approve the Citizens'Tasklorce General Model Chart Her-inContained end Incorporated as Exi 1bit A7 of tae City of Spokane Valley Cmmeil Rates of Bmced,se.° . CITIZENS TASK FORCE I u,lie„n 13 i City Council Meetings ublic input Forum GENERAL MODEL cnmememMrcrd n, a—Fodeai agenda discussion,pu public-- , taismilonamvvey--n cummur<ar°r. comment,public hearings,etc. Public Process . Task Force Steering •ICouncil-(appointed ' ' by Mayor) t • Citizen Input Path _ Citizen- ' Report toCoundibyskednggroup Citizen Input (appointed by Mayor, • Qu 6• -+approved by Council) rent ty offdzl appoint;o. • Public P'ocoss•- CommunityConsonsusRolo Public Forums I Staff-- e I Cit¢oabsuo-ConsonsusForums (appointed by City , > *Task Force 4—Pro+cntatIon.groupdiscussions,- Manager) 'Town Hall Meetings idenhrybnus,develop conaensua lamination coordlnatod by *bikers (technical Supped) t.sboreo Group-roporteto A Council by Poison cr directly • topubUc task force forums • Representation 1 CoortUnagon Rptm ' 6y Councllmembe,CI,ien or Stilt • 'P • • TcohnkalCroups Local Interest RoglonaiCroups Croups' &Otgan'¢acons AOmankntnns • w . a` • :�.' • ,J- rY Governance Manual 33 EXHIBIT A-S Chapter 35A,13 RCtrif Council-manager plan of government Chapter Listing RCW Sections. 35A.13.010 City officers--Size of council. 35A.13.020 Election of councilmen--Eligibility--Terms--Vacancies--Forfeiture of office--Council chairman. 35A.13.030 Mayor--Election--Chairman to be mayor--Duties. 35A.13.033 Election on proposition to designate person elected to position one as chairman--Subsequent holders of position one to be chairman. 35A.13.035 Mayor pro tempore or deputy mayor. 35A.13.040 Compensation of councilmen--Expenses. 35A.13.050 City manager--Qualifications. 35A.13.060 City manager may serve two or more cities. 35A.13.070 City manager--Bond and oath. 35A.13.080 City manager--Powers and duties. • 35A.13.090 Creation of departments, offices,and employment--Compensation. 35A.13.100 City manager--Department heads--Authority. 35A.13.110 City manager--Appointment of subordinates--Qualifications--Terms. 35A.13.120 City manager--Interference by council members. 35A,13.130 City manager--Removal--Resolution and notice. 35A.13.140 City manager--Removal--Reply and hearing. 35A.13.150 City manager--Substitute. 35A.13.160 Oath and bond of officers. 35A.13.170 Council meetings--Quorum--Rules--Voting. 35A.13.180 Adoption of codes by reference. 35A.13.190 Ordinances--Style--Requisites--Veto. 35A.13.200 Authentication, recording and publication of ordinances. 35A.13.210 Audit and allowance of demands against city. 35A.13.220 Optional division of city into wards. 35A.13.230 Powers of council. 35A.13.Q14 City officers—Size of council. The councilmembers shall be the only elective officers of a code city electing to adopt the council-manager plan of government authorized by this chapter, except where statutes provide for an elective municipal judge. The council shall appoint an officer whose title shall be "city manager"who shall be the chief executive officer and head of the administrative branch of the city government. The city manager shall be responsible to the council for the proper administration of all affairs of the code city. The council of a noncharter code city having less than twenty-five hundred inhabitants shall consist of five members; when there are twenty-five hundred or more inhabitants the council shall consist of seven members: PROVIDED,That if the population of a city after having become a code city decreases from twenty-five hundred or more to less than twenty-five hundred, it shall continue to have a seven member council. If, after a city has become a council-manager code city its population increases to twenty-five hundred or more inhabitants, the number of councilmanic offices in such city may increase from five to seven members upon the affirmative vote of a majority of the existing council to increase the number of councilmanic offices in the city. When the population of a council-manager code city having five councilmanic offices increases to five thousand or more inhabitants, the number of councilmanic offices in the city shall increase from five to seven members. In the event of an increase in the number of councilmanic offices, the city council shall, by majority vote, pursuant to RCW 35A.13.020, appoint two persons to serve in these offices until the next municipal general election, at which election one person shall be elected for a two-year term and one person shall be elected for a four-year term. The number of inhabitants shall be determined by the most recent official state or federal census or determination by the state office of financial management. A charter adopted under the provisions of this title, incorporating the council-manager plan of government set forth in this chapter may provide for an uneven number of councilmembers not exceeding eleven. Governance Manual 34 A noncharter code city of less than five thousand inhabitants which has elected the council-manager plan of government and which has seven councilmanic offices may establish a five-member council in accordance with the following procedure.At least six months prior to a municipal general election,the city council shall adopt an ordinance providing for reduction in the number of councilmanic offices to five. The ordinance shall specify which two councilmanic offices,the terms of which expire at the next general election, are to be terminated.The ordinance shall provide for the renumbering of council positions and shall also provide for a two-year extension of the term of office of a retained councilmanic office,if necessary,in order to comply with RCW 35A.12.040. However, a noncharter code city that has retained its old council-manager plan of government, as provided in RCW 35A.02.130,is subject to the laws applicable to that old plan of government. [1994 c 223§35;1994 c 81§72;1987 c 3§16;1985 c 106§2;1983 c 128§2;1979 ex.s.c 18§24;1979 c 151§34;1967 ex.s.c 119§ 35A.13.010.] Notes: Severability--1987 c 3:See note following RCW 3.46.020. Severability--1979 ex.s.c 18:See note following RCW 35A.01.070. Population determinations, office of financial management:Chapter 43.62 RCW. 35A,13.020 Election of councilmen—Eligibility—Terms—Vacancies---Forfeiture of office—Coutncil chairman. In council-manager code cities,eligibility for election to the council,the manner of electing councilmen,the numbering of council positions,the terms of councilmen,the occurrence and the filling of vacancies,the grounds for forfeiture of office,and appointment of a mayor pro tempore or deputy mayor or councilman pro tempore shall be governed by the corresponding provisions of RCW 35A.12.030, 35A.12.040, 35A.12.050, 35A.12.060, and 35A.12.065 relating to the council of a code city organized under the mayor-council plan, except that in council-manager cities where all council positions are at-large positions,the city council may, pursuant to RCW 35A.13.033,provide that the person elected to council position one shall be the council chairman and shall carry out the duties prescribed by RCW 35A.13.030. [1994 c 223§36;1975 1 st ex.s.c 155§1;1967 ex.s.c 119§35A.13.020.] 3SA.13.030 Mayor—Election—Chairman to be mayor—Duties. Biennially at the first meeting of the new council the members thereof shall choose a chairman from among their number unless the chairman is elected pursuant to RCW 35A.13.033.The chairman of the council shall have the title of mayor and shall preside at meetings of the council. In addition to the powers conferred upon him as mayor, he shall continue to have all the rights, privileges, and immunities of a member of the council. The mayor shall be recognized as the head of the city for ceremonial purposes and by the governor for purposes of military law. He shall have no regular administrative duties, but in time of public danger or emergency, if so authorized by ordinance, shall take command of the police,maintain law,and enforce order. [1975 1st ex.s.c 155§2;1967 ex.s,c 119§35A.13.030.] 35A.13.033 Election on proposition to designate person elected to position one as chairman—Subsequent holders of position one to be chairman. The city council of a council-manager city may by resolution place before the voters of the city, a proposition to designate the person elected to council position one as the chairman of the council with the powers and duties set forth in RCW 35A.13.030. If a majority of those voting on the proposition cast a positive vote, then at all subsequent general elections at which position one is on the ballot, the person who is elected to position one shall become the chairman upon taking office. [1975 1 st ex.s.c 155§3.] Governance Manual 35 35A.13.035 1Wayor pro tempore or deputy mayor. Biennially at the first meeting of a new council, or periodically,the members thereof, by majority vote, may designate one of their number as mayor pro tempore or deputy mayor for such period as the council may specify,to serve in the absence or temporary disability of the mayor; or, in lieu thereof,the council may, as the need may arise, appoint any qualified person to serve as mayor pro tempore in the absence or temporary disability of the mayor. In the event of the extended excused absence or disability of a councilman,the remaining members by majority vote may appoint a councilman pro tempore to serve during the absence or disability. [1969 ex.s.c 81 §1.]Notes: Effective date--1969 ex.s.c 81:"This 1969 amendatory act shall take effect July 1, 1969."[1969 ex.s.c 81 §7.] 35A.13.040 Compensation of counmilt-1m—Expensas. The salaries of the councilmen,including the mayor,shall be fixed by ordinance and may be revised from time to time by ordinance, but any increase or reduction in the compensation attaching to an office shall not become effective until the expiration of the term then being served by the incumbent: PROVIDED, That compensation of councilmen may not be increased or diminished after their election nor may the compensation of the mayor be increased or diminished after the mayor has been chosen by the council. Until councilmen of a newly-organized council-manager code city may lawfully be paid as provided by salary ordinance, such councilmen shall be entitled to compensation in the same manner and in the same amount as councilmen of such city prior to the adoption of this council-manager plan. Until a salary ordinance can be passed and become effective as to elective officers of a newly incorporated code city, the first councilmen shall be entitled to compensation as follows: In cities having less than five thousand inhabitants-- twenty dollars per meeting for not more than two meetings per month; in cities having more than five thousand but less than fifteen thousand inhabitants-- a salary of one hundred and fifty dollars per calendar month; in cities having more than fifteen thousand inhabitants-- a salary of four hundred dollars per calendar month. A councilman who is occupying the position of mayor, in addition to his salary as a councilman,shall be entitled,while serving as mayor,to an additional amount per calendar month, or portion thereof, equal to twenty-five percent of the councilmanic salary: PROVIDED, That such interim compensation shall remain in effect only until a salary ordinance is passed and becomes effective as to such officers, and the compensation provided herein shall not be construed as fixing the usual compensation of such officers. Councilmen shall receive reimbursement for their actual and necessary expenses incurred in the performance of the duties of their office, or the council by ordinance may provide for a per diem allowance.Procedure for approval of claims for expenses shall be as provided by ordinance. [1979 ex.s.c 18§25;1967 ex.s.c 119§35A.13.040.1 Notes: Severability--1979 ex.s.c 18:See note following RCW 35A.01.070. 35A.13.050 City manager—Qualifications. The city manager need not be a resident at the time of his appointment, but shall reside in the code city after his appointment unless such residence is waived by the council. He shall be chosen by the council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in,or his knowledge of, accepted practice in respect to the duties of his office. No person elected to membership on the council shall be eligible for appointment as city manager until one year has elapsed following the expiration of the term for which he was elected. [1967 ex.s.c 119§35A.13.050.] Governance Manual 36 35A.13.060 City manager may serve two or more cities. Whether the city manager shall devote his full time to the affairs of one code city shall be determined by the council. A city manager may serve two or more cities in that capacity at the same time. [1967 ex.s.c 119§35A.13.060.1 City manager---Bond and oath. Before entering upon the duties of his office the city manager shall take an oath or affirmation for the faithful performance of his duties and shall execute and file with the clerk of the council a bond in favor of the code city in such sum as may be fixed by the council.The premium on such bond shall be paid by the city. [1967 ex.s.c 119§35A.13.070.1 City managxer—Powers and duties. The powers and duties of the city manager shall be: (1)To have general supervision over the administrative affairs of the code city; (2) To appoint and remove at any time all department heads, officers, and employees of the code city, except members of the council, and subject to the provisions of any applicable law, rule, or regulation relating to civil service: PROVIDED,That the council may provide for the appointment by the mayor,subject to confirmation by the council,of a city planning commission, and other advisory citizens' committees, commissions, and boards advisory to the city council: PROVIDED FURTHER, That if the municipal judge of the code city is appointed, such appointment shall be made by the city manager subject to confirmation by the council,for a four year term.The council may cause an audit to be made of any department or office of the code city government and may select the persons to make it, without the advice or consent of the city manager; (3)To attend all meetings of the council at which his attendance may be required by that body; (4) To see that all laws and ordinances are faithfully executed, subject to the authority which the council may grant the mayor to maintain law and order in times of emergency; (5)To recommend for adoption by the council such measures as he may deem necessary or expedient; (6) To prepare and submit to the council such reports as may be required by that body or as he may deem it advisable to submit; (7)To keep the council fully advised of the financial condition of the code city and its future needs; (8)To prepare and submit to the council a proposed budget for the fiscal year, as required by chapter 35A.33 RCW, and to be responsible for its administration upon adoption; (9)To perform such other duties as the council may determine by ordinance or resolution. [1987 c 3§17;1967 ex.s.c 119§35A.13.080.] Notes: Severability--1987 c 3:See note following RCW 3.46.020. Creation of departments,offices,and employment—Compensation. On recommendation of the city manager or upon its own action, the council may create such departments, offices, and employments as it may find necessary or advisable and may determine the powers and duties of each Governance Manual 37 department or office. Compensation of appointive officers and employees may be fixed by ordinance after recommendations are made by the city manager. The appointive officers shall include a city clerk and a chief of police or other law enforcement officer. Pursuant to recommendation of the city manager, the council shall make provision for obtaining legal counsel for the city, either by appointment of a city attorney on a full time or part time basis,or by any reasonable contractual arrangement for such professional services. [1967 ex.s.c 119§35A.13.090.] 35A.13.1OO City manager Department heads—Authority. The city manager may authorize the head of a department or office responsible to him to appoint and remove subordinates in such department or office.Any officer or employee who may be appointed by the city manager,or by the head of a department or office, except one who holds his position subject to civil service, may be removed by the manager or other such appointing officer at any time subject to any applicable law, rule, or regulation relating to civil service. Subject to the provisions of RCW 35A.13.O8O and any applicable civil service provisions,the decision of the manager or other appointing officer,shall be final and there shall be no appeal therefrom to any other office, body, or court whatsoever. [1967 ex.s.c 119§35A.13.100.] ,�.:._�-,�.�.,-_,.�x�_._�s:�.�,_,x-..emu..,-,u",,.��-,�,�-,----•v----�--�-- .�_._-. ..�._ �� _--,,..�-�.��- 35A.13.11Q City manager Appointment of subx•cliMi Qu<lificatiion —Terms. Appointments made by or under the authority of the city manager shall be on the basis of ability and training or experience of the appointees in the duties which they are to perform, and shall be in compliance with provisions of any merit system applicable to such city. Residence within the code city shall not be a requirement. All such appointments shall be without definite term. [1967 ex.s.c 119§35A.13.110.] 35A,13.120 City manager—Interference by council members, Neither the council, nor any of its committees or members, shall direct the appointment of any person to, or his removal from, office by the city manager or any of his subordinates. Except for the purpose of inquiry,the council and its members shall deal with the administrative service solely through the manager and neither the council nor any committee or member thereof shall give orders to any subordinate of the city manager, either publicly or privately. • The provisions of this section do not prohibit the council,while in open session, from fully and freely discussing with the city manager anything pertaining to appointments and removals of city officers and employees and city affairs. [1967 ex.s.c 119§35A.13.120.] 35A,13.13O M; City manager—Removal—Resolution and notice. The city manager shall be appointed for an indefinite term and may be removed by a majority vote of the council.At least thirty days before the effective date of his removal, the city manager must be furnished with a formal statement in the form of a resolution passed by a majority vote of the city council stating the council's intention to remove him and the reasons therefor. Upon passage of the resolution stating the council's intention to remove the manager, the council by a similar vote may suspend him from duty,but his pay shall continue until his removal becomes effective. [1967 ex.s.c 119§35A.13.130.] 35A.13.140 City manager—Removal—Reply and hearing. The city manager may,within thirty days from the date of service upon him of a copy thereof, reply in writing to the resolution stating the council's intention to remove him. In the event no reply is timely filed,the resolution shall upon the thirty-first day from the date of such service, constitute the final resolution removing the manager and his services shall terminate upon that day. If a reply shall be timely filed with the city clerk,the council shall fix a time for a public Governance Manual 38 • hearing upon the question of the manager's removal and a final resolution removing the manager shall not be adopted until a public hearing has been had.The action of the council in removing the manager shall be final. [1967 ex.s.c 119§35A.13.140.] City manager—Substitute‘ The council may designate a qualified administrative officer of the city or town to perform the duties of manager: (1) Upon the adoption of the council-manager plan, pending the selection and appointment of a manager;or (2) Upon the termination of the services of a manager, pending the selection and appointment of a new manager; or (3)During the absence,disability,or suspension of the manager. [1967 ex.s.c 119§35A.13.150.] Oath and bond of officers, All provisions of RCW 35A.12.080 relating to oaths and bonds of officers, shall be applicable to code cities organized under this council-manager plan. [1967 ex.s.c 119§35A.13.160.] 3i 13.170 Qounc:il meetings—Quorum Rules Voting. All provisions of RCW 35A.12.110, as now or hereafter amended,and 35A.12.120, relating to council meetings,a quorum for transaction of business, rules and voting at council meetings, shall be applicable to code cities organized under this council-manager plan. [1979 ex.s,c 18§26;1967 ex.s.c 119§35A.13.170.] Notes: Severability--1979 ex.s.c 18: See note following RCW 35A.01.070. 35A.13.10t) Adoption of codes by reference. Ordinances of cities organized under this chapter may adopt codes by reference as provided in RCW 35A.12.140. 0967 ex.s.c 119§35A.13.180.] 35A.13.190 Ordinances—Style—Requisites—Veto. The enacting clause of all ordinances shall be as follows: "The city council of the city of do ordain as follows:" No ordinance shall contain more than one subject and that must be clearly expressed in its title. No ordinance or any section or subsection thereof shall be revised or amended unless the new ordinance sets forth the revised ordinance or the amended section or subsection at full length. No ordinance shall take effect until five days after the date of its publication unless otherwise provided by statute or charter, except that an ordinance passed by a majority plus one of the whole membership of the council, designated therein as a public emergency ordinance necessary for the protection of public health, public safety, public property or the public peace, may be made effective upon adoption, but such ordinance may not levy taxes, grant, renew, or extend a franchise,or authorize the borrowing of money. [1967 ex.s.c 119§35A.13.190,] Governance Manual 39 35A.13.2Q0 Aut snticatior4 reaord[ng and publication of ordinances. Ordinances of code cities organized under this chapter shall be authenticated,recorded and published as provided in RCW 35A.12.150 and 35A.12.160. [1967 ex.s.c 119§35A.13.200.] Audit and allowance of demands against city. RCW 35A.12.170 shall apply to the audit and allowance of demands against the city. [1967 ex.s.c 119§35A.13.210.1 Optional division of city into wards. A code city organized under this chapter may be divided into wards as provided in RCW 35A.12.180. [1967 ex.s.c 119§35A.13.220.] 35A.13.23D Powers of council. The council of any code city organized under the council-manager plan provided in this chapter shall have the powers and authority granted to legislative bodies of cities governed by this title as more particularly described in chapter 35A.11 RCW,except insofar as such power and authority is vested in the city manager. [1967 ex.s.c 119§35A.13.230.] • Governance Manual 40 EXHIBIT A-9 CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO.07-019 AMENDED GENERAL POLICY RESOLUTION OF CORE BELIEFS A RESOLUTION OF THE CITY OF SPOKANE VALLEY AMENDING RESOLUTION 03-027, ESTABLISHING A GENERAL POLICY RESOLUTION EMANATING FROM THE CORE BELIEFS OF THE CITY COUNCIL AND COMMUNITY AND SETTING FORTH DUTIES OF BOTH ELECTED AND APPOINTED OFFICIALS OF THE CITY TO HELP GUIDE LEGISLATIVE AND EXECUTIVE DECISIONS TOWARD EFFECTIVE,RESPONSIVE,AND OPEN GOVERNMENT WHEREAS,the City Council of the City of Spokane Valley, as the elective legislative body, is charged with promulgating Ordinances and Resolutions which become the law of the city;and WHEREAS, such Ordinances and Resolutions must provide enforceable provisions subordinate to, and in harmony with, all other applicable federal and state statutes and regulations;and WHEREAS,the City Council desires to provide a clear set of general policy guidelines for the conduct of city government; Section 1. Modifying Resolution 03-027 as set forth below by adding new section 7. The remainder of the resolution 03-027 is unchanged: NOW, THEREFORE, the City Council of the City of Spokane Valley does hereby affirm and resolve that the following core beliefs shall serve as guidelines for the conduct of affairs by all branches of Spokane Valley City Government. Section 1. We believe that Spokane.Valley should be a visionary city encouraging its citizens and their government to look to the future beyond the present generation and to bring such ideas to public discussion and to enhance a sense of community identity. Section 2. We believe that elected body decision-making is the only lawful and effective way to conduct the public's legislative business and that careful observance of a clear set of Governance Coordination rules of procedure can best enhance public participation and decision making. Section 3. We believe in the City Council as policy leaders of the City. One or more City Councilmembers are encouraged to take the lead, where practical, in sponsoring Ordinances or Resolutions excepting quasi-judicial or other public hearings and the statutory duties of the City Manager as set forth in RCW 35A.13.020. Section 4. We believe in hearing the public view. We affirm that members of the public should be encouraged to speak and be heard through reasonable rules of procedure when the public business is being considered,thus giving elected officials the broadest perspectives from which to make decisions. Governance Manual 41 Section 5. We believe that the City of Spokane Valley's governance should be known as "user friendly," and that governance practices and general operations should consider how citizens will be served in the most responsive,effective and courteous manner. Section 6. We believe that the economic and commercial job base of the community should be preserved and encouraged to grow as an alternative to increasing property taxes. We believe it imperative to have an expanded and diverse economic base, Section 7. We believe that Councilmembers set the tone for civic discussion and should set an example by (a) Setting high standards of decorum and civility. (b) Encouraging open and productive conversation amongst themselves and with the community about legislative matters. (c) Demonstrating respect for divergent points of view expressed by citizens, fellow Councilmembers and the staff. (d) Honoring each other and the public by debating issues within City Hall and the Community without casting aspersions on members of Council,the staff,or the public. (e) Accepting the principle of majority rule and working to advance the success of "corporate"decisions. Section S. We solicit the City Manager's support in conducting the affairs of the city with due regard for: (a) Promoting mutual respect between the Citizens, City staff and the City Council by creating the organizational teamwork necessary for effective,responsive and open government. (b) Providing the City Council and public reasonable advance notice when issues are to be brought forward for discussion. (c) Establishing and maintaining a formal city-wide customer service program with emphasis on timely response, a user-friendly atmosphere, and an attitude of facilitation and accommodation within the bounds of responsibility, integrity, and financial capability of the city, including organizational and job description documents while pursuing"best practices"in customer service. (d) Seeking creative ways to contain or impede the rising cost of governmental services, including examination of private sector alternatives in lieu of governmentally provided services. (e) Providing a database of future projects and dreams for the new City of Spokane Valley so that good ideas from its citizens and leaders are not lost and the status of projects can be readily determined. Approved by the City Council this 11th day of December,2007. ATTEST: Diana Wilhite,Mayor Christine Bainbridge,City Clerk Approved as to form: Office of the City Attorney Governance Manual 42 DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of October 26,2011; 2:30 p.m. Please note this is a work in progress; items are tentative To: Council& Staff From: City Clerk, by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings 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 11-017 Adopting 2012 Budget—Mark Calhoun (15 minutes) 3. Second Reading Proposed Ordinance 11-018 Franchise Agreement Bonneville Power—Cary Driskell (10 min) 4.First Reading Proposed Ordinance Amending 2011 Budget—Mark Calhoun (10 minutes) 5.Proposed Resolution Amending Speed Limits(Indiana)—Inga Note (15 minutes) 6.Motion Consideration:Funding Allocation,Lodging Tax—Mark Calhoun (10 minutes) 7. Brown's Park—Kelly Konkright (10 minutes) 8. Criminal Code Maximum Penalty, Gross Misdemeanor—Cary Driskell (10 minutes) 9.Advance Agenda—Mayor Towey (5 minutes) [*estimated meeting: 90 minutes] November 22,2011;NO MEETING(Thanksgiving week) November 29,2011,Study Session Format 6:00 p.m. [due date Mon,Nov 21] 1. Spokane Regional Sports Commission Update—Eric Sawyer (10 minutes) 2. Street Maintenance Contract Renewal—Neil Kersten (15 minutes) 3. Sweeping Contract Renewals—Neil Kersten (15 minutes) 4. Gateway Signs—Mike Stone (20 minutes) 5. Shoreline Discussion—John Hohman (30 minutes) 6.Info Only: Dept Reports [*estimated meeting: 90 minutes] December 6,2011,Study Session Format,6:00 p.m. [due date Mon,Nov 28] 1. Oath of Office for Council positions#3 and 5—Chris Bainbridge (10 minutes) 2.Landscaping Code Amendments—John Hohman (30 minutes) 3.Police Department Accreditation—Rick VanLeuven (15 minutes) 4.Advance Agenda—Mayor Towey (5 minutes) [*estimated meeting: 60 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.First Reading Proposed Ordinance,Maximum Criminal Penalty, Gross Misdemeanor—C.Driskell(10 minutes) 4.Mayoral Appointments of Councilmembers to various Committee and Boards—Mayor Towey (15 minutes) 5.Mayoral Appointments of Planning Commissioners —Mayor Towey (10 minutes) 6.Motion Consideration: Street Maintenance Contract Renewal—Neil Kersten (15 minutes) 7.Motion Consideration: Sweeping Contract Renewals—Neil Kersten (15 minutes) [*estimated meeting: 80 minutes] Draft Advance Agenda 10/26/2011 2:24:44 PM Page 1 of 2 December 20, 2011,No meeting(Christmas Week) December 27, 2011,Formal Meeting Format,6:00 p.m. [due date Mon,Dec 19]] 1. Second Reading Proposed Ordinance,Max Criminal Penalty,Gross Misdemeanor—Cary Driskell(10 minutes) 2.Info Only: Dept Reports [*estimated meeting: minutes] January 3,2012,Study Session Format,6:00 p.m. [due date Tue,Dec 27] 1.Oath of Office for Council positions #2,3 and 6—Chris Bainbridge (10 minutes) 2.Mayor and Deputy Mayor Elections—Chris Bainbridge (15 minutes) [*estimated meeting: minutes] OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Bidding Contracts(SVMC 3.—bidding exceptions) Centennial Trail Agreement Contracts,Annual Renewals,histories,etc. Fire Department Interlocal Agreement Greenacres Trail/Northern Railroad Investment Accounts Manufactured Homes Mission Ave Design(Mission&Long ped. crossing) Pavement Management Program Update Prosecution Services Public Input Process for Capital Projects Retreat(tentative:Feb 7,2012) Revenue Policy,Cost Recovery Senior Housing Shoreline Draft Goals and Policies Sidewalks Sprague Appleway Corridor Environ.Assessment *time for public or council comments not included Draft Advance Agenda 10/26/2011 2:24:44 PM Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 1, 2011 Department Director Approval: IZ Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Wastewater Fee Update GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: The County has proposed changes to the Wastewater fee. Attached is a presentation that was given to the Wastewater Policy Advisory Committee on October 10tH OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS: Wastewater Fee Presentation • • SPOKANE COUNTY DIVISION OF UTILITIES WASTEWATER RATE STUDY UPDATE • Wastewater Policy Advisory Board (WPAB) October 10, 2011 Presented by: Bruce Raw- s RE., Spokane County Utilities Director Angie Sanchez Virnoche, Principal/Project Manager • FCS GROUP -,4.)Ititions-Orientecl Consulting SPOKANT COURT Cost of Service Rate Study Update last Rey to Study Competed n 2009 Rates set oar 2010, 20 ' " and 20 l C Current C _ate addresses : Continued economic slowdown Updated County Operating costs Updated cc pital costs CMDL requirements (Saltese Flats) Loss of City of pane Valley Aquifer P (APA) revenue •.;>FCS GROUP Solutions-Oriented Consulting 2 io ection Area Objective of Rate Study Update Evaluate _ , i the su ��T c enc of Curren: rages n meeting tots, wastewater p ogram iL anci al o bli gai ons Operating cosy s ›. Capital costs ® Update rat e strategy o r 2 0 1 2 2 1 '!a • FCS GROUP Solution -C)rientecl Cnnsultin<g 3 Wastewater Program Monthly Charges Operations & Maintenance Costs: Cover Operation and Maintenance Costs of the Collection System and Treatment Plants • FCS GROUP Solution.,-Orienteci Consulting Monthly Wastewater Treatment Plant Charge (WWTP) Capital & Debt Cost Cover Capital Program Upgrades t the City Plant and th County Plant 4 =221211M i Total Wastewate Monthly Program Cost Anticipated .System Growth ' Lower grown downturn evel s extended due o economic I New deveopment rre s Lai ea t a units (ERU) 0.6% o (x00 RUs) in 2012 0.7% (400 Us) in 2013 and 1 .2% © (680=700 ERUs) per year thereafter Additiona Additional 5 ERU connections -fr Septic Tan E Tm o y on Program (2012 — 20114) • FCS GROUP Solutions-Oriented Consulting 5 Sewer Service Charge 1c ra - sewer service char . X270 9/M0/I RC Key largos Riverside Park CI F 08&M cost increase delayed: 2014 2018 — Reduction of $925,000 ® $ " e7 million per year (2014 — 2017; Spokane County W 1 V flows at plant lower in 20 ' 2 and 20 " 3 — Average reduciron of $500,000 per year Biosolids O&M increased by $ 1 50,000 per year NEW: PCB Studies and Regional Task iPor ce $250,000/year NEW: NP ES Wayerc Quality Compliance v 100,000/yearn FCS GROUP Solution'-Oriented Consulting 6 onito ing Sewer Service Charge Summary 2011 2012 2013 2014 2015 2016 Expenses: RP WRF Operations SCRWRF Operations Other Operating Expenses Replacement Reserve Funding Total Expenses 4,767,045 $ 1,455,703 6,116,316 6,851,618 8,716,264 577,268 11,618,663 $16,865,551 $ 1,545,460 6,679,307 9,019,233 923,321 $18,167,320 $ 1,663,983 7,335,680 9,534,357 1,195,507 $19,729,528 $ 1,775,491 7,888,687 9,842,450 1,468,450 $20,975,077 $ 1,857,709 8,263,819 10,165,394 1,742,221 $22,029,144 Sewer Service Charge Required Annual Change $ 27.29 $ 27.29 $ $ $ 28.04 $ 0.75 $ 28.79 $ 0.75 $ 29.79 $ 1.00 $ 31.04 1.25 2009 Rate Study Projection Difference from 2011 Update $ 27.29 $ 28.54 $ $ - $ 1.25 $ 29.79 $ 1.75 $ 31.07 $ 2.28 $ 32.03 $ 2.24 $ 32.99 • Riverside Park WRF costs include: treatment costs, payment in Lieu of Taxes (PILT) to Spokane phased out per agreement, pre-treatment program costs, interceptor maintenance • Spokane County WRF includes: design/build/operate costs and NVI/SVI conveyance electricity costs • Other operating expenses include: other 401 fund operating costs, TMDL study/monitoring, Biosolids, PCBs, water quality compliance, Saltese Flats O&M, NVI/SVI conveyance direct labor/overhead • Replacement reserves for SCRWRF (per contract) and collection system replacement funding • FCS GROUP Solution,-Onentecl Consulting 7 1.95 Wastewater Treatment Plant (WWTP) Charge PE Current VIWIT shay-ge = $ 17075/rnonth/ERU Key Changes (20 1 — 2016) since 2009 study Funding Sources $4 million reduction in non program air C revenue (2011 Total APA annual revenue average $9759000 City of Spokane Valley A_IF- A revenue removed (- to high of $500,000 per year Annual debt service reduced $4 — 6 million/year — $33 million new debt issue in 201 removed (Saltese '?a — interest rates realized on bonds lover than anticipated — 20 6) ow of $385,000 20 - " — 2016 capital program: $ — $31 million reduction in wat ((Saltese Flats phase 2) ➢ Increased capital costs at RPW 'F • FCS GROUP s Solutions-Oriented Consulting 50 mil ion s phase 2) er reclamation program and facilities Summary of Rate Scenarios Three scenarios developed for the WWI? Charge: r ge Scenario L o decrease WWTP charge in 2012 Scenario 2 : retain current ent ' WT . Charge level Scenario 3 : include c ude Sapless Flats Phase 2 Issue $33 .5 rniE_ion in revenue bonds in 20 4 O 20-year revenue bonds @ 4.95% > addition -. $2.7 ni.__ton per year in debt service Al rate e scenarios assume recovery of diverted APA revenue to Ci y of Spokane Valley ➢ Surcharge to City accounts of 1 . 0/off ERU •:;> FCS GROUP Sfiluticm,-Orirntecl Con'Ulting 9 Summary WWTP Charge Rate Scenarios 2009 Rate Proposal WWTP Charge $17.75 $18.29 $18.84 $19.38 $19.92 $20.47 • FCS GROUP Snlution,-C)rie'nted C onsull:int 10 Current 2012 2013 2014 2015 2016 Scenarue 1: Reduce WWTP Charge - County $17.75 $16.50 $16.50 $16.50 $16.50 $16.50 WWTP charge WWTP Charge - City $17.75 $17.60 $17.60 $17.60 $17.60 $17.60 Scenaruo 2: Level WWTP WWTP Charge - County $17.75 $17.75 $17.75 $17.75 $17.75 $17.75 charge 2011 Rates WWTP Charge - City $17.75 , $18.85 $18.85 $18.85 $18.85 $18.85 Scenaroc 3: Saltese WWTP Charge - County $17.75 ; $17.75 $17.75 $18.50 $19.25 $20.25 Fats Phase 2 WWTP Charge - City $17.75 $18.85 $18.85 $19.60 $20.35 $21.35 2009 Rate Proposal WWTP Charge $17.75 $18.29 $18.84 $19.38 $19.92 $20.47 • FCS GROUP Snlution,-C)rie'nted C onsull:int 10 Projected Ending Balance - Capib1F1iui + $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000 $- /\ / . .,.� ems-^^ "'""' 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Scen 1: Reduce WWTP Charge • •Scen 2:2011 Level WWTP Charge - Scen 3:Saltese Flats Phase 2 Fund Minimum Notes: — Ending fund balance target currently $4.0 million — $14 million for Riverside Park WRF capital during 2017 — 2020 is accounted for in balances • FCS GROUP Soitri:ion,-Oriented Cnnsultint; 11 Summary of Proposed Total Monthly Charges,_. 2009 Rate Proposal FCS GROUP Total Monthly Charge $45.04 $46.83 $48.63 $50.45 $51.95 $53.46 Solution 5-Oriented Consulting 12 Existing 2012 2013 2014 2015 2016 Scenario 1: Reduce Total Mo. Charge - County $45.04 $43.79 $44.54 $45.29 $46.29 $47.54 WWTP charge Total Mo. Charges - City $45.04 $44.89 $45.64 $46.39 $47.39 $48.64 Scenario 2: Level Total Mo. Charge - County $45.04 $45.04 $45.79 $46.54 $47.54 $48.79 WWTP charge 2011 Total Mo. Charges - City $45.04 $46.14 $46.89 $47.64 $48.64 $49.89 Rates Scenario 3: Saltese Total Mo. Charge - County $45.04 $45.04 $45.79 $47.29 $49.04 $51.29 Flats Phase 2 Total Mo. Charges - City $45.04 $46.14 $46.89 $48.39 $50.14 $52.39 2009 Rate Proposal FCS GROUP Total Monthly Charge $45.04 $46.83 $48.63 $50.45 $51.95 $53.46 Solution 5-Oriented Consulting 12 Survey of Wastewater Rates Airway Hei ts, City of Seattle, City of Colville, City of ympia, City of Spot cane, City of (20" 2) Redmond, City of Sp flan County - 2©"", 2012 Option 2 & 3 Sp0mne County - 2012 Option " Spokane, City (Existing) Chewelah, City of Deer Par k, City of Clark '`egional Wastewater District Liberty Lake Sewer and Water District Post Falls ID, City of Coeur D°Alen ID, City f 2011 Mo. SF Rate $67.50 $53.46 $53.00 $50.04 $49.64- $48.42 $45.04 $43.79 $43.74 $42.00 $39.95 $34.00 $29.16 $28.79 $24.43 • FCS GROUP Solutions-Chienteci Consulting 13 Meet with Wastewater Policy Ad vsorry Doard on October 17 for ±oLow— p meeting Select preferred 1 scenarr'o and prepare no Ice of public hearing October 8 Public li L scarring on Sewer Rates: November 8 • FCS GROUP Solutions-Oriented Consulting 14