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2015, 04-21 Study SessionAGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Tuesday, April 21, 2015 CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue, First Floor (Please Silence Your Cell Phones During the Meeting) 6:00 p.m. DISCUSSION LEADER SUBJECT/ACTIVITY GOAL CALL TO ORDER ROLL CALL 1. John Pietro, Morgan Koudelka 2. Gloria Mantz, Karen Kendall 3. Cary Driskell 4. Mayor Grafos 5. Mayor Grafos 6. Mike Jackson ADJOURN Proposed Amended Interlocal for Prosecuting Attorney Services Historic Preservation Avista Electrical Franchise Advance Agenda Council Comments City Manager Comments Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information 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 March 31, 2015 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 21, 2015 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Administrative Report: Prosecuting Attorney Proposed amended Interlocal Agreement GOVERNING LEGISLATION: Pursuant to chapter 39.34 RCW (Interlocal Cooperation Act), counties and cities may contract with each other to perform certain functions that each may legally perform. PREVIOUS COUNCIL ACTION TAKEN: Per Council authorization, the City Manager executed an Interlocal Agreement for Prosecution Services for April 1, 2003 through December 31, 2004; an Interlocal Agreement for Prosecuting Attorney Services January 1, 2005 through December 31, 2005, which includes an automatic annual renewal; and a Memorandum of Understanding to clarify Prosecutor Services, approved December 30, 2008, and executed April 9, 2009. BACKGROUND: Spokane County and Spokane Valley are proposing various modifications to the Prosecuting Attorney Interlocal Agreement. The following modifications are listed by the corresponding amendment section number: 1.1 base costs used to determine contract indirect rate currently defined as total department salary and benefits. Proposed rate base is total expenditures (salary and benefits plus M&O)—is consistent with an earlier modification adopted by Council for other contracts, 1.2 certain department costs which are currently allocated as direct costs would be converted to indirect charges and would no longer be charged to the City as direct costs, 1.3 proposed modification would update the infraction services exhibit to accurately reflect the costs and services provided, 1.4 the hourly rate used by attorneys handling criminal zoning violations is modified to account for all attorneys and support staff involved in these types of cases, 1.5 additional costs are allocated as indirect (listed separately from the changes covered in 1.2 due to a later effective date), 1.6 language is added to clarify which types of infractions the County handles for the City (not a service level change), and 1.7 new cost exhibits are adopted to replace current exhibits. OPTIONS: 1) Proceed to motion consideration for future Council agenda; (2) Request more information, or (3) Decline to proceed to motion consideration. RECOMMENDED ACTION OR MOTION: Consensus to bring forward for motion consideration at a future Council meeting. BUDGET/FINANCIAL IMPACTS: Estimated annual savings of $9,907 under the proposed amendment STAFF CONTACT: John Pietro, Administrative Analyst ATTACHMENTS: (1) Addendum to the Interlocal Agreement for Prosecuting Attorney Services in the City of Spokane Valley; (2) new cost exhibits 2A, 2B, 2C, and 2 summary (3) PowerPoint ADDENDUM TO INTERLOCAL AGREEMENT FOR PROSECUTING ATTORNEY SERVICES IN THE CITY OF SPOKANE VALLEY 1 Morgan Koudelka, Senior Administrative Analyst; John Pietro, Administrative Analyst April 21, 2015 Background In April of 2013, Council adopted amendments modifying the indirect rate calculation used in several of our Interlocal Agreements and adopted an amendment to our District Court Interlocal At that time we explained that further amendments to the Prosecutor and Public Defender Agreements were forthcoming and, in addition to addressing the identical indirect change, would address other changes as well The Prosecutor amendment was held back while we evaluated our infraction services & looked into pre -file Driving with License Suspended in the 3rd Degree (DWLS3) program The Public Defender amendment is still a work in progress Background Continued In addition to the indirect rate change there are a number of other cost methodology modifications proposed in the amendment Our cost methodologies go back a number of years, so from time -to - time it is necessary to update the exhibits to more accurately account for costs and better capture how the services are currently provided Debated whether it was better to rewrite the entire agreement Retroactive Application End of year reconciliations are suspended but settlement involved is small We've still paid all monthly estimates History of City's Prosecutor Costs Year Prosecutor Contract Costs % Change 2009 Actual $ 441,607 2010 Actual $ 396,512 -10.21% 2011 Actual $ 400,363 0.97% 2012 Actual $ 423,617 5.81% 2013 Estimated $ 419,178 -1.05% 2014 Estimated $ 415,137 -0.96% List of Proposed Changes Amend. Section Modification Effective Year Cost Impact 1.1 Indirect rate base of total expenditures 2010 $ 197 1.2 Elected County Prosecutor Salary and departmental M&O moved from direct costs to indirect costs 2012 $ (6,126) 1.3 Change to Infraction Methodology 2012 $ 197 1.4 Modification to hourly rate for attorneys handling criminal zoning violations 2012 N/A 1.5 Administrative costs moved from direct costs to indirect costs 2013 $ (4,175) 1.6 Additional language clarifying that Prosecutor represents City in ALL contested/mitigated infractions 2012 N/A 1.7 Repeal and replace cost exhibits 2013 N/A Total Cost Impact/(Cost Savings) $ (9,907) 1 .l Indirect Rate County often seeks to reimburse the General Fund for the indirect costs associated with grant awards Existing indirect rate uses a base of salaries and benefits In the past this meant that they could only be reimbursed through their grants for overhead costs associated with the salary portion Equipment grants were applied 100% to the equipment with no portion going to overhead Equipment incurs overhead including accounting and administrative costs 1 .l Indirect Rate Continued Council adopted the same indirect amendment last year which was applied to our Animal Control, District Court, Emergency Management, Pretrial, and Hearing Examiner agreements Allows County to fully recover indirect costs from grants Allows the County to have a consistent indirect rate methodology for all users A revised cost plan would apply to our agreements but the change is not because of our agreements 1.1 Indirect Rate Cost Impact Comparison Indirect Rate Base Comparison (Looking at 2011 Settle and Adjust) Total Expenditures Salary & Benefits Prosecutor Criminal Indirect $ 1,026,061 $ 1,026,061 Total Exps or S&B's $ 8,217,585 $ 7,829,716 Indirect Rate 12.49% 13.10% Spokane Valley Misdemeanor $'s $ 341,590 $ 323,193 Spokane Valley Infraction $'s $ 26,885 $ 26,383 Total Spokane Valley $'s $ 368,475 $ 349,576 Indirect rate from above 12.49% 13.10% Total Spokane Valley Indirect $ 46,008 $ 45,811 Difference $ 197 1.2 Elected Co. Prosecutor Salary and Departmental M&O Continued Currently, Prosecutor Dept. M&O and the Elected County Prosecutor costs are allocated out as direct costs as outlined in our exhibits Proposed change would allocate these costs through the indirect cost plan Our direct costs would decrease and our indirect costs would increase 1.2 Elected Co. Prosecutor Salary and Departmental M&O Why is it Necessary? Allows the County to be able to easily allocate these costs to all funds/departments that utilize Prosecutor services This is more easily accomplished by the County within their Indirect Cost Plan rather than attempting to make manual adjustments within our contract cost methodology The more costs that are captured and allocated to other funds and departments, the smaller the costs are that hit our Prosecutor contract Cost impact is an estimated cost savings of $6,126 1.3 Infraction Department Modify the hourly attorney rate used in infraction exhibit to include all supporting and supervisory costs Total annual hours used in the hourly attorney rate is decreased to reflect productive hours (less vacation days, holidays, sick days, meetings, etc.) Total hours per year charged to Spokane Valley are reduced because our infraction docket is on Mondays and should be reduced to account for Monday Holidays A mixed jurisdiction docket is created to reflect time that the prosecuting attorney is present at contested CDL (commercial drivers license) infractions and animal infraction dockets Time attorneys spend outside of court on infraction cases categorized by type of infraction rather than type of attorney activity (meeting with walk-ins, discovery, appeals) Cost impact to the City is $197 1 d Criminal Zoning Violations Failure to comply with City zoning ordinances/code enforcement is currently handled as a civil matter If the civil process is unsuccessful we maintain a separate hourly rate The current exhibit outlines the costs for this service using an hourly rate that includes costs of a single attorney and paralegal that would support these cases Proposed exhibit expands the hourly rate to include supervising attorney costs, an additional paralegal, and other support staff Little to no cost impact 1.5 Administrative Costs Currently, Prosecutor Administrative staff costs are allocated out as direct costs as outlined in our exhibits Proposed change would allocate these costs through the indirect cost plan and charge our contract as an indirect cost Our direct costs would decrease and our indirect costs would increase Administrative Costs Continued Why is it Necessary? Allows the County to be able to easily allocate these costs to all funds/departments that utilize Prosecutor services This is more easily accomplished by the County within their Indirect Cost Plan rather than attempting to make manual adjustments within our contract cost methodology The more costs that are captured and allocated to other funds and departments, the smaller the costs are that hit our Prosecutor contract Cost impact is an estimated cost savings of $4,175 1.6 Language clarifying which types of Infractions are handled Exhibit 1 of our agreement is a written summary of the services provided Existing exhibit states that the Prosecuting Attorney agrees to represent the City in contested traffic infractions Proposed language clarifies that service being provided is prosecutor representation at not only contested traffic infractions, but also contested animal control infractions and contested Commercial Driver's License (CDL) infractions List of Proposed Changes Amend. Section Modification Effective Year Cost Impact 1.1 Indirect rate base of total expenditures 2010 $ 197 1.2 Elected County Prosecutor Salary and departmental M&O moved from direct costs to indirect costs 2012 $ (6,126) 1.3 Change to Infraction Methodology 2012 $ 197 1.4 Modification to hourly rate for attorneys handling criminal zoning violations 2012 N/A 1.5 Administrative costs moved from direct costs to indirect costs 2013 $ (4,175) 1.6 Additional language clarifying that Prosecutor represents City in ALL contested/mitigated infractions 2012 N/A 1.7 Repeal and replace cost exhibits 2013 N/A Total Cost Impact/(Cost Savings) $ (9,907) Next Steps Proceed to motion consideration with Council consensus If amendments are approved by both parties, changes are made retroactive to their effective dates City proceeds with outstanding reconciliations and updates to current estimated costs Work with County to negotiate amendments to remaining outstanding contract Public Defender Exhibit 2 - SUMMARY Spokane County Prosecutor City of Spokane Valley 2013 Estimate Information Percentage of Spokane Valley Cases: Estimate 36.60% Actual Indirect Rate: Estimate Actual 21.59% Budget Spokane Valley % Spokane Valley Misdemeanor 1,032,548.62 36.60% 377,943.77 Infraction - - 41,233.81 TOTAL 419,177.58 Information Percentage of Spokane Valley Cases: Estimate 36.60% Actual Indirect Rate: Estimate Actual 21.59% Exhibit 2A Spokane County Prosecutor City of Spokane Valley Misdemeanor Methodology 2013 Estimate Attorneys: Criminal Misdemeanor General 37.43 6.00 DTF/DPAP 1.52 BECCA 0.55 DUI Boot Camp - Grant 1.00 Subtotal Attorneys 39.50 7.00 Misd Supervisor 1.00 Total 39.50 8.00 Criminal Sal & Ben Adjustment Adj Salary Kristianson Elder Montecucco Cordts Kuhlman Gabriel Olsen -Target Zero O'Brien-Supery Chief Criminal Deputy Driscoll 71,664 68,580 113,101 108,346 75,262 71,664 68,580 113,101 108,346 75,262 128,438 128,438 Position 50% supported by Mental Health Grant funded but still uses Prosecutor M&O and 101,005 101,005 Supervision 132,949 132,949 Misdemeanor Support Staff Harty Saak Misterek Ornee 1-Iokeson Ramey HansenR 799,345 0 799,345 Criminal Sal & Ben Adjustment Adj Salary Supervises Criminal and Misdemeanor Attys 159,371 (132,529) 26,841.40 Criminal Sal & Ben Adjustment Adj Salary 46,849 46,849 41,501 41,501 43,077 43,077 50,986 50,986 27,725 27,725 Position 25% supported by Mental Health. 44,906 44,906 44,637 (26,782) 17,855 Position 60% Felony 299,681 272,899 Subtotal Salary 1,099,085 Prosecutor Criminal Indirect Rate * 21.59% 237,326 * This Indirect Rate is from the 2013 for 2015 Countywide Cost Plan. Subsequent Misdemeanor cost estimates will use the indirect rate from Attorney two years prior. Burdened Rate Misdemeanor Budget 1,336,411 190,916 Reduction of Misdemeamor Budget Infraction Method (94,534) Other Sources of Funds 50% Attorney funded by Mental Health Sales Tax (64,219) 100% Attorney funded by DUI grant (101,005) 25% Support Staff position funded by Mental Health Sales Tax (6,931) Subtotal Other Sources (172,155) Indirect Rate on Other Sources (37,174) Total Reduction (303,863) Equals Allocable Misdemeanor Budget 1,032,549 Exhibit 2A Spokane County Prosecutor City of Spokane Valley Misdeamenaor Statistics 2013 Estimate 2011 2012 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May .tun 12 months Spokane Valley Cases 267 264 277 264 278 287 326 314 320 290 257 248 3,392 (excluding valley WSP cases) All County cases 807 815 772 735 798 801 848 807 761 731 712 680 9,267 (including WSP cases) • Valley % of all cases 33.09% 32.39% 35.88% 35.92% 34.84% 35.83% 38.44% 38.91% 42.05% 39.67% 36.10% 36.47% 36.60% Note *Total cases including WSP must be used as base total number of cases in determining percentage served. Source CASEMAN database Exhibit 2B Spokane County Prosecutor City of Spokane Valley Infraction Methodology 2013 ESTINIATE Spokane Valley Misdemeanor Deputy Attorney Cost Note Infraction Cost Fully Burdened Misdemeanor Deputy Cost 190,915.91 Hours Worked per Year 1,653.00 1 Deputy Attorney Cost per Hour 115.50 Spokane Valley Infraction Deputy Attorney- Court Time Dedicated Spokane Valley Docket Traffic Court per Year (7.5 hours x 26 weeks) Traffic Court per Year (3.75 hours x 26 weeks) Subtotal hours Monday Holiday credit Total Hours per Year Spokane Valley Infraction Deputy Cost Mixed Jurisdiction Docket Animal (2 Hours per Month) CDL (1/2 day every other week) Hours per Year Monday Holiday credit Total Hours per Year Mixed Jurisdiction Infraction Deputy Cost % of Valley Infractions Spokane County Infraction Department - Prep Time (Not in Court) Infraction Hours Spent at Courthouse: Traffic, CDL Hours per Week Animal Hours per Week Weeks per Year 52 Hours per Year Infraction Deputy Prep Time Cost % of Valley Infractions TOTAL 195.00 97.50 292.50 (28.13) 3 264.38 30,534.42 30,534.42 24.00 97.50 121.50 (9.38) 3 112.13 12,950.06 16.72% 2 2,164.98 7.50 1.00 442.00 51,049.50 16.72% 2 8,534.41 94,533.98 41,233.81 Notes 1 See "Productive Work Hour" tab for calculation of annual productive hours 2 District Court statistics, see" Infract Stat" tab Total Holiday 3 Monday Holiday Credit Calculation Days Hours Percent Credit Hours Number of Monday Holidays current year 5 7.50 37.50 Dedicated Spokane Valley Docket Full Days 26 195.00 50% 18.75 Half Days 26 97.50 25% 9.38 Sub -total 28.13 Mixed Jurisdiction Docket Half Days 26 97.50 25% 9.38 Total Hours per Year 390.00 100% 37.50 Exhibit 2B Spokane County Prosecutor City of Spokane Valley Infraction Statistics 2013 Estimate District Court Case Statistics Offense Category Spokane Valley* Spokane County** Infractions DV - Misdemeanor DUI Criminal Traffic Criminal NT (less misd DV) Subtotal 10,599 54,426 7,394 44,228 16.72% 393 915 230 1,567 1,787 5,446 795 2,270 From District Court Statistics - Last half of 2011 and first half of 2012 Exhibit 2C Spokane County Prosecutor City of Spokane Valley Civil Attorney Hourly Rate 2013 Estimate Civil Prosecutor Hourly Rate Total Allocation $ Allocation from Other Indirect Services Total Civil Cost $ 540,888 58,633 599,521 Attorneys Included in this Total Civil Cost: Arkills, Hubert, Kinn 3 Average Annual Cost $ 199,840 Productive Work Hours 1,653 Civil Attorney Hourly Rate $ 120.90 Exhibit 2C Spokane County Prosecutor City of Spokane Valley Civil Attorney Hourly Rate 2013 Information Spokane County 2013 Indirect Cost Pools -- Cost Distribution Detail Prosecutor - Civil Negotiated Allocation 29 Prosecutor - Civil Total Allocation Less Allocated to Other Indirect Services $ 540,888 (384,658) Allocable to Direct Service Departments $ 156,230 plus: Allocation from Other Indirect Services $ 58,633 Total Allocation to Direct Service Departments $ 214,863 Allocation Basis Primary Allocation Allocable Costs Secondary Allocation Allocable Costs from Other Indirect Total Allocation PA Civil Hours of Support $ 540,888 $ 58,633 005 Coop Extension- 0.00% $ - 0.00% $ - $ - 011 Board Of Equalization 20 0.22% $ 1,178 0.75% $ 442 $ 1,620 020 R Auditors Recording (0200004) 35 0.38% $ 2,063 1.32% $ 774 $ 2,837 020 A Auditors Auto (0200005) 12 0.13% $ 716 0.46% $ 269 $ 985 020 E Auditors Elections (0200006) 295 3.26% $ 17,611 11.27% $ 6,609 $ 24,220 040 Dept. of Emergency Mgt 19 0.21% $ 1,118 0.72% $ 420 $ 1,538 0410116 Parking - 0.00% $ - 0.00% $ - $ - 061 Hearing Examiner - 0.00% $ - 0.00% $ - $ - 070 Medical Examiner 85 0.93% $ 5,039 3.23% $ 1,891 $ 6,931 090 Clerk 14 0.16% $ 850 0.54% $ 319 $ 1,169 190 District Court 76 0.84% $ 4,518 2.89% $ 1,695 $ 6,213 32OBILL Treasurer320BILL 13 0.15% $ 805 0.51% $ 302 $ 1,107 200 Juvenile 10 0.11% $ 596 0.38% $ 224 $ 820 203 Pre -Trial Services 4 0.04% $ 224 0.14% $ 84 $ 308 220 Parks & Rec 203 2.24% $ 12,121 7.76% $ 4,549 $ 16,671 250BILL Prosecutor -250BILL- 0.00% $ - 0.00% $ - $ - 250 S030-00 Prosecutor Civil Commitment- 0.00% $ - 0.00% $ - $ - 250 Cr Prosecutor Criminal 62 0.68% $ 3,683 2.36% $ 1,382 $ 5,065 250 Sup Prosecutor Support Enforcement - 0.00% $ - 0.00% $ - $ - 288 SCOPE - SIRT - 0.00% $ - 0.00% $ - $ - 290 Sheriff 763 8.42% $ 45,519 29.14% $ 17,083 $ 62,602 295 Communications- 0.00% $ - 0.00% $ - $ - 305 Public Defender 29 0.32% $ 1,730 1.11% $ 649 $ 2,379 306 Counsel for Defense- 0.00% $ - 0.00% $ - $ - 310 Superior Court 48 0.52% $ 2,833 1.81% $ 1,063 $ 3,896 330 SCRAPS See Fund 420- 0.00% $ - 0.00% $ - $ - 339 Geiger Spur- 0.00% $ - 0.00% $ - $ - 341 Debt Service- 0.00% $ - 0.00% $ - $ - FD 102 Treasurers O&M- 0.00% $ - 0.00% $ - $ - FD 103 Auditor O&M - 0.00% $ - 0.00% $ - $ - FD 105 RID Admin - 0.00% $ - 0.00% $ - $ - Prosecutor - Civil Total Allocation Less Allocated to Other Indirect Services $ 540,888 (384,658) Allocable to Direct Service Departments $ 156,230 plus: Allocation from Other Indirect Services $ 58,633 Total Allocation to Direct Service Departments $ 214,863 c E O. 0 U CD U) 0 m FD 106 Treasurer's REET Elec- 0.00% $ - 0.00% $ - $ - FD 107+635 Investment Pool- 0.00% $ - 0.00% $ - $ - FD 109 Courthouse- 0.00% $ - 0.00% $ - $ - FD 110 County Roads 52 0.57% $ 3,101 1.99% $ 1,164 $ 4,265 FD 113 Veteran Services 11 0.12% $ 641 0.41% $ 241 $ 882 FD 115 Dispute Resolution - 0.00% $ - 0.00% $ - $ - FD 116 Commute Trip Reduction - 0.00% $ - 0.00% $ - $ - FD 117 Conservation Futures (7) -0.07% $ (403) -0.26% $ (151) $ (554) FD 118 County Tax Ref - 0.00% $ - 0.00% $ - $ - FD 119 TIF Dist. #2- 0.00% $ - 0.00% $ - $ - FD 122 Recreation 3 0.03% $ 164 0.10% $ 62 $ 226 FD 123 Spokane CO Housing- 0.00% $ - 0.00% $ - $ - FD 125 RE & Property Tax Admin Assit.- 0.00% $ - 0.00% $ - $ - FD 126 Hotel/Motel Tax- 0.00% $ - 0.00% $ - $ - FD 127 Car Rental Tax- 0.00% $ - 0.00% $ - $ - FD 128 Liberty Lake Transportation- 0.00% $ - 0.00% $ - $ - FD 129 Conservation Prop Care- 0.00% $ - 0.00% $ - $ - FD 130 WMOBE - 0.00% $ - 0.00% $ - $ - FD 131 Comm Development- 0.00% $ - 0.00% $ - $ - FD 132 911 10 0.11% $ 596 0.38% $ 224 $ 820 FD 133 Victim Witness- 0.00% $ - 0.00% $ - $ - FD 134 Clerk LFO- 0.00% $ - 0.00% $ - $ - FD 135/136 REET 1&2- 0.00% $ - 0.00% $ - $ - FD 138 Mental Health Risk Reserve- 0.00% $ - 0.00% $ - $ - FD 139 RID Guaranty Trust- 0.00% $ - 0.00% $ - $ - FD 140 Spokane CO RSN Prop- 0.00% $ - 0.00% $ - $ - FD 141 Dom Viol Advocacy- 0.00% $ - 0.00% $ - $ - FD 142 Tourism Promotion Area- 0.00% $ - 0.00% $ - $ - FD 143 Historical Doc Preservation- 0.00% $ - 0.00% $ - $ - FD 144 Trial Court Improvement - 0.00% $ - 0.00% $ - $ - FD 145 Substance Abuse- 0.00% $ - 0.00% $ - $ - FD 146 Dev Disabilities- 0.00% $ - 0.00% $ - $ - FD 147 Homelessness Prevention- 0.00% $ - 0.00% $ - $ - FD 148 Mental Health- 0.00% $ - 0.00% $ - $ - FD 150 Probation- 0.00% $ - 0.00% $ - $ - FD 160 Emergency Communication Tax- 0.00% $ - 0.00% $ - $ - FD 161 Indigent Defense Improvement - 0.00% $ - 0.00% $ - $ - FD 162 Indigent Dep and Terminaton Defense- 0.00% $ - 0.00% $ - $ - FD 163 Liberty Lake Lift- 0.00% $ - 0.00% $ - $ - FD 164 West Quadrant Increment Area- 0.00% $ - 0.00% $ - $ - FD 207 DS Capital Construction financed by Bond- 0.00% $ - 0.00% $ - $ - FD 216 TIF Dist. #1 - 0.00% $ - 0.00% $ - $ - FD 218 TIF Dist. #3 ( Medical Lake) - 0.00% $ - 0.00% $ - $ - FD 219 Resource Conservation Debt - 0.00% $ - 0.00% $ - $ - FD 302 Courthouse Improvements - 0.00% $ - 0.00% $ - $ - FD 303 Parks Cap Proj. & Improvement - 0.00% $ - 0.00% $ - $ - FD 307 Capital Construction financed by Bonds - 0.00% $ - 0.00% $ - $ - FD 313 County Facilities Capital Improvements - 0.00% $ - 0.00% $ - $ - FD 318 TIF District No 3 -Medical Lake- 0.00% $ - 0.00% $ - $ - FD 319 Resource Conservation Improvements - 0.00% $ - 0.00% $ - $ - FD 401/E01 Sewer Operations/ WWT 17 0.19% $ 1,029 0.66% $ 386 $ 1,415 FD 403 Sewer Construction- 0.00% $ - 0.00% $ - $ - FD 404 Landfill Closure- 0.00% $ - 0.00% $ - $ - FD 405 Golf- 0.00% $ - 0.00% $ - $ - FD 406 Building and Planning 5 0.06% $ 313 0.20% $ 118 $ 431 FD 407 Fair 4 0.04% $ 209 0.13% $ 78 $ 287 FD 409 Storm water (3) -0.03% $ (179) -0.11% $ (67) $ (246) FD 420 SCRAPS (was Dept. 330) 183 2.01% $ 10,899 6.98% $ 4,090 $ 14,989 FD 434 SCRWRF 11 0.12% $ 671 0.43% $ 252 $ 923 FD 435 Solid Waste- 0.00% $ - 0.00% $ - $ - FD 436 Aquifer Protection Agency- 0.00% $ - 0.00% $ - $ - FD 438 General Facilities Charge- 0.00% $ - 0.00% $ - $ - FD 501 Equip Rent/Revolving 15 0.16% $ 880 0.56% $ 330 $ 1,210 FD 503 Information Systems Fund- 0.00% $ - 0.00% $ - $ - FD 505 Industrial Ins- 0.00% $ - 0.00% $ - $ - FD 506 Dental Ins- 0.00% $ - 0.00% $ - $ - FD 507 Liability Insurance- 0.00% $ - 0.00% $ - $ - FD 508 Medical Insurance- 0.00% $ - 0.00% $ - $ - FD 509 Unemployment Ins - 0.00% $ - 0.00% $ - $ - FD 512 Public Works Admin- 0.00% $ - 0.00% $ - $ - FD 515 Detention Services 467 5.15% $ 27,851 17.83% $ 10,452 $ 38,303 FD 600 Agency Funds 23 0.25% $ 1,342 0.86% $ 504 $ 1,845 FD 658 Public Health District - 0.00% $ - 0.00% $ - $ - A00 Airports - 0.00% $ - 0.00% $ - $ - B00 Sewer Bonds- 0.00% $ - 0.00% $ - $ - F00 Fire Districts- 0.00% $ - 0.00% $ - $ - G00 Cemetery Districts- 0.00% $ - 0.00% $ - $ - H00 Water Districts- 0.00% $ - 0.00% $ - $ - 100 Irrigation Districts- 0.00% $ - 0.00% $ - $ - 100+K00+64: School Districts- 0.00% $ - 0.00% $ - $ - L00 Library District- 0.00% $ - 0.00% $ - $ - N00 State Funds- 0.00% $ - 0.00% $ - $ - P01 Joint Park & Rec- 0.00% $ - 0.00% $ - $ - S00 Sewer Districts- 0.00% $ - 0.00% $ - $ - T00 Transit- 0.00% $ - 0.00% $ - $ - U00-Z00 RID- 0.00% $ - 0.00% $ - $ - C00 Cities & Towns- 0.00% $ - 0.00% $ - $ - C10 City of Spokane - 0.00% $ - 0.00% $ - $ - C10 JU City of Spokane Joint Use - 0.00% $ - 0.00% $ - $ - C10 PROB City of Spokane Probation - 0.00% $ - 0.00% $ - $ - C10 MUNI P City of Spokane Muni Court -PSB - 0.00% $ - 0.00% $ - $ - C10 MUNI A City of Spokane Muni Court- Annex - 0.00% $- 0.00% $ - $ - C10 CWR City of Spokane Children's Waiting Room - 0.00% $- 0.00% $ - $ - C16 City of Spokane Valley - 0.00% $ - 0.00% $ - $ - other other - 0.00% $ - 0.00% $ - $ - 2900093 State Drug Task Force 143 1.57% $ 8,513 5.45% $ 3,195 $ 11,708 C10 L LEIS - 0.00% $ - 0.00% $ - $ - UNPROS Unallocable Prosecutor Funds - 0.00% $- 0.00% $ - $ - UNAUD Unallocable Auditor Funds - 0.00% $ - 0.00% $ - $ - UNTREA Unallocable Treasurer Funds - 0.00% $ - 0.00% $ - $ - - 0.00% $ - 0.00% $ - $ - - 0.00% $ - 0.00% $ - $ - - 0.00% $ - 0.00% $ - $ - - 0.00% $ - 0.00% $ - $ - - 0.00% $ - 0.00% $ - $ - - 0.00% $ - 0.00% $ - $ - - 0.00% $ - 0.00% $ - $ - - 0.00% $ - 0.00% $ - $ - - 0.00% $ - 0.00% $ - $ - - 0.00% $ - 0.00% $ - $ - - 0.00% $ - 0.00% $ - $ - - 0.00% $ - 0.00% $ - $ - All Indirect Cost Categories Total 6,450 9,070 71.12% 100.00% $ 384,658 $ 540,888 100.00% $ 58,633 $ 214,863 Check O.K. Check O.K. Check O.K. Check O.K. Check O.K. Check O.K. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 21, 2015 Department Director Approval: Item: Check all that apply: ❑ Consent ❑ Old business ❑ New business ❑ Public Hearing ❑ Information ® Admin. Report ❑ Pending Legislation AGENDA ITEM TITLE: Historic Preservation Program GOVERNING LEGISLATION: The Growth Management Act (GMA) RCW 36.70A.020 PREVIOUS COUNCIL ACTION TAKEN: On August 19, 2014, staff presented a brief overview of local historic preservation and special evaluations to City Council. At that meeting, Council requested to have the State Historic Preservation Officer (SHPO) provide more information relating to the establishment of a local historic preservation program. On October 14, 2014, the City of Spokane's Historic Preservation Officer and the Deputy State Historic Preservation Officer provided more information relating to the establishment of a local historic preservation program. At that meeting, the City of Spokane's Historic Preservation Officer stated that the City of Spokane would be interested in contracting for services related to historic preservation. On February 3, 2015, staff presented an overview of the process for establishing an in-house historic preservation program, responsibilities as a Certified Local Government (CLG) and options to run the historic preservation program. BACKGROUND: To pursue an in-house historic preservation program, the City needs to become a CLG which will allow the City to receive technical assistance, apply for special grant funding, offer special tax valuation to local registered properties, and comment on federal and state historic preservation actions. The process for becoming a CLG requires the adoption of a historic preservation ordinance and the establishment of a City Historic Preservation Commission. The State's model historic preservation ordinance is attached. The commission will need technical support from staff and/or a consultant. There are two types of historic listings that are eligible to receive federal and state incentives, the National Historic Register (NHR) and the local Historic Register (LHR). The NHR listing is managed by the National Park Service and the Department of Archaeology and Historic Preservation (DAHP). After becoming a CLG, the City will review the nominations and provide recommendations to DAHP. There are no accompanying regulations with the NHR listing. However, these properties are eligible for up to 20% investment tax credit (income producing properties) and special tax valuation (if allowed by CLG) for qualified rehabilitation work that meets the requirements of the Secretary of the Interior's Standards (copy attached). The LHR listing is managed by the CLG. The CLG is in control of the historic preservation ordinance. Ordinance language is typically written to protect historic landmarks. The Model Ordinance provided by DAHP is attached and will be used as the starting point for the City's historic preservation ordinance. Changes to or demolition of LHR properties require approval from the Historic Preservation Commission. There are no prescribed minimum standards for Page 1 of 2 the LHR; however, these properties are eligible for special tax valuation for rehabilitation work that meets the requirements of the Secretary of the Interior's Standards or the Washington State Advisory Council's Standards. The Secretary of the Interior's Standards meet the requirements for both the state and federal incentives. For consistency, these standards are recommended for adoption. Owners of historic properties, approved by the commission to receive special tax valuation, are required to enter into an agreement pursuant to WAC 254-20-090 (attached) and agree to comply with the required standards, to not alter or demolish the property without consent, and to notify the Assessor if the property becomes disqualified. Disqualified property owners are required to pay back the property tax with penalties and interest, pursuant to RCW 84.26.090. OPTIONS: Discussion only. RECOMMENDED ACTION OR MOTION: N/A BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Gloria Mantz, Development Engineer Attachments: • Presentation • Model Historic Preservation Ordinance • Washington State Advisory Council Standards • Secretary of the State Standards for Rehabilitation • Secretary of the State Standards for Reconstruction, Preservation, and Restoration • Historic Preservation Special Valuation Agreement Page2of2 uf Historic Preservation :--'77railT C93- April 21st, 2015 Gloria Mantz, Development Engineer 1 Topics for Discussion -(.3T— GR Historic Inventory Ga Local Historic Register versus National Register of Historic Places Ga Minimum Standards for Review Ga Special Tax Valuation Agreement Historic Properties Inventory Ga Historic inventory is a research and documentation instrument to archive historic information Ga There are no requirements, incentives, protections or restrictions Ga Washington Information System for Architectural and Archaeological Records Data (WISAARD) is a state wide inventory WISAARD currently has 264 records in Spokane Valley National Register of Historic Places c -a Managed by the National Park Service and the Department of Archaeology and Historic Preservation (DAHP). The Certified Local Government reviews the nomination and provides recommendations to DAHP c -a There are no accompanying regulations associated with the national register listing ❖ Not required to be available to the public or inspection •• Not required to be rehabilitated or restored •••• No protection c -a Qualified rehabilitation work eligible for incentives ❖ Up to 20% investment tax credit for rehabilitation of income producing historic properties ❖ Special tax valuation (if local jurisdiction allows it in the ordinance) ❖ Rehabilitation work shall be reviewed and meet minimum standards 4 Local Historic Register Ga Only properties that can be truly protected Ga Typically, local historic programs aim to protect historic properties and landmarks ❖ Design review of changes (section 6 of Model Ordinance) ❖ Prevent inappropriate changes ❖ Ability to deny or delay demolition Ga Qualified rehabilitation work eligible for special tax valuation Local Historic Register Ga Local jurisdiction controls ordinance language. For example: • Could require mitigation in the case of a demolition (Section 6 (C) 3 Model Ordinance) • Could allow owners to request removal from the local historic register if not wanting to comply with the commission requirements oa Historic preservation ordinance ❖ Should encourage protection of historic landmarks ❖ Flexible language could limit protection of landmarks ❖ Property owners desiring flexibility with their properties could be encouraged to apply for the national register listing instead of the local register Minimum Review Standards oa Special tax valuation eligibility (WAC -254-20-100) •• Washington State Advisory Council's (WSAC) Standards for Rehabilitation and Maintenance of Historic Properties; or, •• Secretary of the Interior's Standards for the Treatment of Historic Properties ❖ Both standards are similar and somewhat subjective oa Investment tax credit eligibility ❖ Secretary of the Interior's Standards for the Treatment of Historic Properties oa Changes for Local Historic Register properties ❖ No specific standards required Minimum Review Standards G3. Recommend using the Secretary of the Interior's Standards for Rehabilitation Companion guidelines offer design/ technical recommendations Also standards for restoration, reconstruction and preservation The Standards are to be applied in a reasonable manner, taking into consideration economic and technical feasibility Important to have qualified professionals in the commission to ensure proper and consistent implementation of standards Special Tax Valuation Agreement f ca3 To receive special tax valuation, owner enters into agreement pursuant to WAC 254-20-120. Agrees to: ❖ Comply with the required standards �:• Not to alter or demolish the property without prior consent from commission �:• Make historic aspects of property accessible to the public one day each year if not visible from the ROW Special Tax Valuation Agreement (._3'- c- Agrees to notify Assessor if property becomes disqualified: •'• Loss of historic integrity �:• Sale or transfer to new owner who does not intend to comply with agreement �:• To be sold or transferred to new owner exempt from taxation Special Tax Valuation Disqualification oa If owner does not comply with agreement, owner shall pay additional tax pursuant to RCW 84.26.090: ❖ Tax for the rehabilitation cost for each year the property received special tax valuation Interest on the back due tax 12 percent penalty on the tax and interest Questi (i- 12 MODEL HISTORIC PRESERVATION ORDINANCE Section 1 Purpose Section 2 Title Section 3 Definitions Section 4 Historic Commission Section 5 Register of Historic Places Section 6 Review of Changes to Register Properties Section 7 Review and Monitoring of Properties for Special Property Tax Valuation SECTION 1. PURPOSE The purpose of this ordinance is to provide for the identification, evaluation, designation, and protection of designated historic and prehistoric resources within the boundaries of [LOCAL GOVERNMENT] and preserve and rehabilitate eligible historic properties within the [LOCAL GOVERNMENT] for future generations through special valuation, a property tax incentive, as provided in Chapter 84.26 RCW in order to: A. Safeguard the heritage of the [CITY/COUNTY] as represented by those buildings, districts, objects, sites and structures which reflect significant elements of the [LOCAL GOVERNMENT] history; B. Foster civic and neighborhood pride in the beauty and accomplishments of the past, and a sense of identity based on the [LOCAL GOVERNMENT] history; C. Stabilize or improve the aesthetic and economic vitality and values of such sites, improvements and objects; D. Assist, encourage and provide incentives to private owners for preservation, restoration, redevelopment and use of outstanding historic buildings, districts, objects, sites and structures; E. Promote and facilitate the early identification and resolution of conflicts between preservation of historic resources and alternative land uses; and, F. Conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment. SECTION 2. SHORT TITLE The following sections shall be known and may be cited as the "historic preservation ordinance of [LOCAL GOVERNMENT]." SECTION 3. DEFINITIONS The following words and terms when used in this ordinance shall mean as follows, unless a different meaning clearly appears from the context: A. B. [LOCAL GOVERNMENT] Historic Inventory" or "Inventory" means the comprehensive inventory of historic and prehistoric resources within the boundaries of the [LOCAL GOVERNMENT]. [LOCAL GOVERNMENT] Historic Preservation Commission" or "Commission" means the commission created by Section herein. C. " [LOCAL GOVERNMENT] Register of Historic Places", "Local Register", or "Register" means the listing of locally designated properties provided for in Section herein. DRAFT HISTORIC PRESERVATION ORDINANCE Page 1 of 11 D. "Actual Cost of Rehabilitation" means costs incurred within twenty-four months prior to the date of application and directly resulting from one or more of the following: a) improvements to an existing building located on or within the perimeters of the original structure; or b) improvements outside of but directly attached to the original structure which are necessary to make the building fully useable but shall not include rentable/habitable floor -space attributable to new construction; or c) architectural and engineering services attributable to the design of the improvements; or d) all costs defined as "qualified rehabilitation expenditures" for purposes of the federal historic preservation investment tax credit. E. A "building" is a structure constructed by human beings. This includes both residential and nonresidential buildings, main and accessory buildings. F. "Certificate of Appropriateness" means the document indicating that the commission has reviewed the proposed changes to a local register property or within a local register historic district and certified the changes as not adversely affecting the historic characteristics of the property which contribute to its designation. G. "Certified Local Government" or "CLG" means the designation reflecting that the local government has been jointly certified by the State Historic Preservation Officer and the National Park Service as having established its own historic preservation commission and a program meeting Federal and State standards. H. "Class of properties eligible to apply for Special Valuation in [LOCAL GOVERNMENT]" means [ALL/IDENTIFY SELECTED TYPES] properties listed on the National Register of Historic Places or certified as contributing to a National Register Historic District which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW, until [LOCAL GOVERNMENT] becomes a Certified Local Government (CLG). Once a CLG, the class of properties eligible to apply for Special Valuation in [LOCAL GOVERNMENT] means only [ALL/IDENTIFY SELECTED TYPES] properties listed on the [LOCAL/LOCAL AND NATIONAL/NATIONAL] Register of Historic Places or properties certified as contributing to an [LOCAL/LOCAL AND NATIONAL/NATIONAL] Register Historic District which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW. I. "Cost" means the actual cost of rehabilitation, which cost shall be at least twenty-five percent of the assessed valuation of the historic property, exclusive of the assessed value attributable to the land, prior to rehabilitation. J. A "district" is a geographically definable area urban or rural, small or large—possessing a significant concentration, linkage, or continuity of sites buildings, structures, and/or objects united by past events or aesthetically by plan or physical development. K. "Emergency repair" means work necessary to prevent destruction or dilapidation to real property or structural appurtenances thereto immediately threatened or damaged by fire, flood, earthquake or other disaster. L. "Historic property" means real property together with improvements thereon, except property listed in a register primarily for objects buried below ground, which is listed in a local register of a Certified Local Government or the National Register of Historic Places. M. "Incentives" are such rights or privileges or combination thereof which the [CITY/COUNTY] Council, or other local, state, or federal public body or agency, by virtue of applicable present or future legislation, may be authorized to grant or obtain for the owner(s) of Register properties. Examples of economic incentives include but are not limited to tax relief, conditional use permits, rezoning, street vacation, planned unit development, transfer of development rights, facade easements, gifts, preferential leasing policies, beneficial placement of public DRAFT HISTORIC PRESERVATION ORDINANCE Page 2 of 11 improvements or amenities, or the like. N. "Local Review Board", or "Board" used in Chapter 84.26 RCW and Chapter 254-20 WAC for the special valuation of historic properties means the commission created in Section herein. O. "National Register of Historic Places" means the national listing of properties significant to our cultural history because of their documented importance to our history, architectural history, engineering, or cultural heritage. P. An "object" is a thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment. Q. "Ordinary repair and maintenance" means work for which a permit issued by the [LOCAL GOVERNMENT] is not required by law, and where the purpose and effect of such work is to correct any deterioration or decay of or damage to the real property or structure appurtenance therein and to restore the same, as nearly as may be practicable, to the condition prior to the occurrence of such deterioration, decay, or damage. R. "Owner" of property is the fee simple owner of record as exists on the [NAME OF COUNTY] County Assessor's records. S. "Significance" or "significant" used in the context of historic significance means the following: a property with local, state, or national significance is one which helps in the understanding of the history or prehistory of the local area, state, or nation (whichever is applicable) by illuminating the local, statewide, or nationwide impact of the events or persons associated with the property, or its architectural type or style in information potential. The local area can include [NAME OF CITY/TOWN], [NAME OF COUNTY], or [NAME OF REGION (e.g. southwest)] Washington, or a modest geographic or cultural area, such as a neighborhood. Local significance may apply to a property that illustrates a theme that is important to one or more localities; state significance to a theme important to the history of the state; and national significance to property of exceptional value in representing or illustrating an important theme in the history of the nation. T. A "site" is a place where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupation or activities that may be marked by physical remains; or it may be the symbolic focus of a significant event or pattern of events that may not have been actively occupied. A site may be the location of ruined or now non -extant building or structure of the location itself possesses historic cultural or archaeological significance. U. "Special Valuation for Historic Properties" or "Special Valuation" means the local option program which when implemented makes available to property owners a special tax valuation for rehabilitation of historic properties under which the assessed value of an eligible historic property is determined at a rate that excludes, for up to ten years, the actual cost of the rehabilitation. (Chapter 84.26 RCW). V. "State Register of Historic Places" means the state listing of properties significant to the community, state, or nation but which may or may not meet the criteria of the National Register. W. A "structure" is a work made up of interdependent and interrelated parts in a definite pattern of organization. Generally constructed by man, it is often an engineering project. X. "Universal Transverse Mercator" or "UTM" means the grid zone in metric measurement providing for an exact point of numerical reference. Y. "Waiver of a Certificate of Appropriateness" or "Waiver" means the document indicating that the commission has reviewed the proposed whole or partial demolition of a local register property or in a local register historic district and failing to find alternatives to demolition has issued a waiver of a Certificate of Appropriateness which allows the building or zoning official to issue a permit for DRAFT HISTORIC PRESERVATION ORDINANCE Page 3 of 11 demolition. Z. "Washington State Advisory Council's Standards for the Rehabilitation and Maintenance of Historic Properties" or "State Advisory's Council's Standards" means the rehabilitation and maintenance standards used by the [LOCAL GOVERNMENT] Historic Preservation Commission as minimum requirements for determining whether or not an historic property is eligible for special valuation and whether or not the property continues to be eligible for special valuation once it has been so classified. SECTION 4. HISTORIC COMMISSION A. Creation and Size There is hereby established a [LOCAL GOVERNMENT] Historic Preservation Commission, consisting of [5 - 15] members, as provided in subsection below. Members of the [LOCAL GOVERNMENT] Historic Preservation Commission shall be appointed by the [TITLE OF CHIEF LOCAL ELECTED OFFICIAL] and approved by the [CITY/COUNTY] Council and shall be residents of the [CITY/COUNTY], except as provided in subsection below. B. Composition of the Commission 1. All members of the commission must have a demonstrated interest and competence in historic preservation and possess qualities of impartiality and broad judgement. 2. The commission shall always include at least [INDICATE NUMBER] professionals who have experience in identifying, evaluating, and protecting historic resources and are selected from among the disciplines of architecture, history, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, curation, conservation, and landscape architecture, or related disciplines [CHOOSE ONE, SEVERAL, OR ALL DISCIPLINES]. The commission action that would otherwise be valid shall not be rendered invalid by the temporary vacancy of one or all of the professional positions, unless the commission action is related to meeting Certified Local Government (CLG) responsibilities cited in the Certification Agreement between the [TITLE OF CHIEF LOCAL ELECTED OFFICIAL] and the State Historic Preservation Officer on behalf of the State. Furthermore, exception to the residency requirement of commission members may be granted by the [TITLE OF CHIEF LOCAL ELECTED OFFICIAL] and [CITY/COUNTY] Council in order to obtain representatives from these disciplines. 3. In making appointments, the [TITLE OF CHIEF LOCAL ELECTED OFFICIAL] may consider names submitted from any source, but the [TITLE OF CHIEF LOCAL ELECTED OFFICIAL] shall notify history and [CITY/COUNTY] development related organizations of vacancies so that names of interested and qualified individuals may be submitted by such organizations for consideration along with names from any other source. C. Terms The original appointment of members to the commission shall be as follows (this example is for a commission of seven): three (3) for two (2) years, two (2) for three (3) years; and two (2) for four (4) years. Thereafter, appointments shall be made for a three (3) year term. Vacancies shall be filled by the [TITLE OF CHIEF LOCAL ELECTED OFFICIAL] for the unexpired term in the same manner as the original appointment. D. Powers and Duties The major responsibility of the Historic Preservation Commission is to identify and actively encourage the conservation of the [CITY'S/COUNTY'S] historic resources by initiating and maintaining a register of historic places and reviewing proposed changes to register properties; to raise community awareness of the [CITY'S/COUNTY'S] history and historic resources; and to DRAFT HISTORIC PRESERVATION ORDINANCE Page 4 of 11 serve as the [CITY'S/COUNTY'S] primary resource in matters of history, historic planning, and preservation. In carrying out these responsibilities, the Historic Preservation Commission shall engage in the following: 1. Conduct and maintain a comprehensive inventory of historic resources within the boundaries of the [LOCAL GOVERNMENT] and known as the [LOCAL GOVERNMENT] Historic Inventory, and publicize and periodically update inventory results. Properties listed on the inventory shall be recorded on official zoning records with an "HI" (for historic inventory designation). This designation shall not change or modify the underlying zone classification. 2. Initiate and maintain the [LOCAL GOVERNMENT] Register of Historic Places. This official register shall be compiled of buildings, structures, sites, objects, and districts identified by the commission as having historic significance worthy of recognition and protection by the [LOCAL GOVERNMENT] and encouragement of efforts by owners to maintain, rehabilitate, and preserve properties. 3. Review nominations to the [LOCAL GOVERNMENT] Register of Historic Places according to criteria in Section of this ordinance and adopt standards in its rules to be used to guide this review. 4. Review proposals to construct, change, alter, modify, remodel, move, demolish, or significantly affect properties or districts on the register as provided in Section ; and adopt standards in its rules to be used to guide this review and the issuance of a certificate of appropriateness or waiver. 5. Provide for the review either by the commission or its staff of all applications for approvals, permits, environmental assessments or impact statements, and other similar documents pertaining to identified historic resources or adjacent properties. 6. Conduct all commission meetings in compliance with Chapter 42.30 RCW, Open Public Meetings Act, to provide for adequate public participation and adopt standards in its rules to guide this action. 7. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic and prehistoric resources. 8. Establish liaison support, communication and cooperation with federal, state, and other local government entities which will further historic preservation objectives, including public education, within the [LOCAL GOVERNMENT] area. 9. Review and comment to the [CITY/COUNTY] Council on land use, housing and redevelopment, municipal improvement and other types of planning and programs undertaken by any agency of the [LOCAL GOVERNMENT], other neighboring communities, the [COUNTY], the state or federal governments, as they relate to historic resources of the [LOCAL GOVERNMENT]. 10. Advise the [CITY/COUNTY] Council and the Chief Local Elected Official generally on matters of [LOCAL GOVERNMENT] history and historic preservation. 11. Perform other related functions assigned to the Commission by the [CITY/COUNTY] Council or the Chief Local Elected Official. 12. Provide information to the public on methods of maintaining and rehabilitating historic properties. This may take the form of pamphlets, newsletters, workshops, or similar activities. 13. Officially recognize excellence in the rehabilitation of historic buildings, structures, sites and districts, and new construction in historic areas; and encourage appropriate measures for such recognition. 14. Be informed about and provide information to the public and [CITY/COUNTY] departments on incentives for preservation of historic resources including legislation, regulations and codes which encourage the use and adaptive reuse of historic properties. 15. Review nominations to the State and National Registers of Historic Places. 16. Investigate and report to the [CITY/COUNTY] Council on the use of various federal, state, local or private funding sources available to promote historic resource preservation in the [LOCAL GOVERNMENT]. 17. Serve as the local review board for Special Valuation and: a) Make determination concerning the eligibility of historic properties for special valuation; b) Verify that the improvements are consistent with the Washington State Advisory Council's Standards for Rehabilitation and Maintenance: c) Enter into agreements with property owners for the duration of the special valuation period as required under WAC 254-20-070(2); DRAFT HISTORIC PRESERVATION ORDINANCE Page 5 of 11 d) Approve or deny applications for special valuation; e) Monitor the property for continued compliance with the agreement and statutory eligibility requirements during the 10 year special valuation period; and f) Adopt bylaws and/or administrative rules and comply with all other local review board responsibilities identified in Chapter 84.26 RCW. 18. The commission shall adopt rules of procedure to address items 3, 4, 6, and 18 inclusive. E. Compensation All members shall serve [WITH/WITHOUT] compensation. F. Rules and Officers The commission shall establish and adopt its own rules of procedure, and shall select from among its membership a chairperson and such other officers as may be necessary to conduct the commission's business. G. Commission Staff Commission and professional staff assistance shall be provided by the [TITLE OF LOCAL GOVERNMENT PERSONNEL OR INDICATE USE OF A QUALIFIED CONSULTANT] with additional assistance and information to be provided by other [CITY/COUNTY] departments as may be necessary to aid the commission in carrying out its duties and responsibilities under this ordinance. SECTION 5. REGISTER OF HISTORIC PLACES A. Criteria for Determining Designation in the Register Any building, structure, site, object, or district may be designated for inclusion in the [NAME OF LOCAL REGISTER] if it is significantly associated with the history, architecture, archaeology, engineering, or cultural heritage of the community; if it has integrity; is at least 50 years old, or is of lesser age and has exceptional importance; and if it falls in at least one of the following categories. [SELECT ANY OR ALL OF THE CATEGORIES AND INCLUDE ADDITIONAL CATEGORIES IF DESIRED] 1. Is associated with events that have made a significant contribution to the broad patterns of national, state, or local history. 2. Embodies the distinctive architectural characteristics of a type, period, style, or method of design or construction, or represents a significant and distinguishable entity whose components may lack individual distinction. 3. Is an outstanding work of a designer, builder, or architect who has made a substantial contribution to the art. 4. Exemplifies or reflects special elements of the [CITY'S/COUNTY'S] cultural, special, economic, political, aesthetic, engineering, or architectural history. 5. Is associated with the lives of persons significant in national, state, or local history. 6. Has yielded or may be likely to yield important archaeological information related to history or prehistory. 7. Is a building or structure removed from its original location but which is significant primarily for architectural value, or which is the only surviving structure significantly associated with an historic person or event. 8. Is a birthplace or grave of an historical figure of outstanding importance and is the only surviving structure or site associated with that person. 9. Is a cemetery which derives its primary significance from age, from distinctive design features, or from association with historic events, or cultural patterns. 10. Is a reconstructed building that has been executed in an historically accurate manner on the original site. DRAFT HISTORIC PRESERVATION ORDINANCE Page 6 of 11 11. Is a creative and unique example of folk architecture and design created by persons not formally trained in the architectural or design professions, and which does not fit into formal architectural or historical categories. B. Process for Designating Properties or Districts to the [NAME OF LOCAL REGISTER] 1. [ONLY PROPERTY OWNERS/ COMMISSION MEMBERS/ANY PERSON] may nominate a building, structure, site, object, or district for inclusion in the [NAME OF LOCAL REGISTER]. Members of the Historic Preservation Commission or the commission as a whole may generate nominations. In its designation decision, the commission shall consider the [NAME OF INVENTORY] and the [CITY/COUNTY] Comprehensive Plan. 2. In the case of individual properties, the designation shall include the UTM reference and all features—interior and exterior—and outbuildings that contribute to its designation. 3. In the case of districts, the designation shall include description of the boundaries of the district; the characteristics of the district justifying its designation; and a list of all properties including features, structures, sites, and objects contributing to the designation of the district. 4. The Historic Preservation Commission shall consider the merits of the nomination, according to the criteria in Section and according to the nomination review standards established in rules, at a public meeting. Adequate notice will be given to the public, the owner(s) and the authors of the nomination, if different, and lessees, if any, of the subject property prior to the public meeting according to standards for public meetings established in rules and in compliance with Chapter 42.30 RCW, Open Public Meetings Act. Such notice shall include publication in a newspaper of general circulation in , [LOCAL GOVERNMENT] and any other form of notification deemed appropriate by [LOCAL GOVERNMENT]. If the commission finds that the nominated property is eligible for the [NAME OF LOCAL REGISTER], the commission [SHALL LIST THE PROPERTY IN THE REGISTER/SHALL LIST THE PROPERTY IN THE REGISTER WITH OWNER'S CONSENT/MAKE RECOMMENDATION TO THE (City/County) COUNCIL THAT THE PROPERTY BE LISTED IN THE REGISTER/MAKE RECOMMENDATION TO THE (City/County) THAT THE PROPERTY BE LISTED IN THE REGISTER WITH OWNER'S CONSENT.] In the case of historic districts, the commission shall consider [A SIMPLE MAJORITY OF PROPERTY OWNERS/ PERCENTAGE OF PROPERTY OWNERS] to be adequate for owner consent. Owner consent and notification procedures in the case of districts shall be further defined in rules. The public, property owner(s) and the authors of the nomination, if different, and lessees, if any, shall be notified of the listing. 5. Properties listed on the [NAME OF LOCAL REGISTER] shall be recorded on official zoning records with an "HR" (for Historic Register) designation. This designation shall not change or modify the underlying zone classification. C. Removal of Properties from the Register In the event that any property is no longer deemed appropriate for designation to the [NAME OF LOCAL REGISTER], the commission may initiate removal from such designation by the same procedure as provided for in establishing the designation, Section . A property [MAY/MAY NOT] be removed from the [NAME OF THE LOCAL REGISTER] without the owner's consent. D. Effects of Listing on the Register 1. Listing on the [NAME OF LOCAL REGISTER] is an designation denoting significant association with the historic, archaeological, engineering, or cultural heritage of the community. Properties are listed individually or as contributing properties to an historic district. 2. Prior to the commencement of any work on a register property, excluding ordinary repair and DRAFT HISTORIC PRESERVATION ORDINANCE Page 7 of 11 maintenance and emergency measures defined in Section , the owner must request and receive a Certificate of Appropriateness from the commission for the proposed work. Violation of this rule shall be grounds for the commission to review the property for removal from the register. 3. Prior to whole or partial demolition of a register property, the owner must request and receive a waiver of a Certificate of Appropriateness. 4. Once [NAME OF THE LOCAL GOVERNMENT] is certified as a Certified Local Government (CLG), [ALL/IDENTIFY SELECTED TYPES] properties listed on the [NAME OF LOCAL REGISTER] may be eligible for Special Tax Valuation on their rehabilitation (Section ). SECTION 6. REVIEW OF CHANGES TO REGISTER OF HISTORIC PLACES PROPERTIES A. Review Required No person shall change the use, construct any new building or structure, or reconstruct, alter, restore, remodel, repair, move, or demolish any existing property on the [NAME OF LOCAL REGISTER] or within an historic district on the [NAME OF LOCAL REGISTER] without review by the commission and without receipt of a Certificate of Appropriateness, or in the case of demolition, a waiver, as a result of the review. The review shall apply to all features of the property, interior and exterior, that contribute to its designation and are listed on the nomination form. Information required by the commission to review the proposed changes are established in rules. B. Exemptions The following activities do not require a Certificate of Appropriateness or review by the commission: ordinary repair and maintenance—which includes painting—or emergency measures defined in Section C. Review Process 1. Requests for Review and Issuance of a Certificate of Appropriateness or Waiver The building or zoning official shall report any application for a permit to work on a designated [NAME OF LOCAL REGISTER] Register property or in a [NAME OF LOCAL REGISTER] historic district to the commission. If the activity is not exempt from review, the commission or professional staff shall notify the applicant of the review requirements. The building or zoning official shall not issue any such permit until a Certificate of Appropriateness or a waiver is received from the commission but shall work with the commission in considering building and fire code requirements. 2. Commission Review The owner or his/her agent (architect, contractor, lessee, etc.) shall apply to the commission for a review of proposed changes on a [NAME OF LOCAL REGISTER] property or within a [NAME OF LOCAL REGISTER] historic district and request a Certificate of Appropriateness or, in the case of demolition, a waiver. Each application for review of proposed changes shall be accompanied by such information as is required by the commission established in its rules for the proper review of the proposed project. The commission shall meet with the applicant and review the proposed work according to the design review criteria established in rules. Unless legally required, there shall be no notice, posting, or publication requirements for action on the application, but all such actions shall be made at regular meetings of the commission. The commission shall complete its review and make its recommendations within thirty (30) calendar days of the date of receipt of the application. If the commission is unable to process the request, the commission may ask for an extension of time. DRAFT HISTORIC PRESERVATION ORDINANCE Page 8 of 11 The commission's recommendations shall be in writing and shall state the findings of fact and reasons relied upon in reaching its decision. Any conditions agreed to by the applicant in this review process shall become conditions of approval of the permits granted. If the owner agrees to the commission's recommendations, a Certificate of Appropriateness shall be awarded by the commission according to standards established in the commission's rules. The commission's recommendations and, if awarded, the Certificate of Appropriateness shall be transmitted to the building or zoning official. If a Certificate of Appropriateness is awarded, the building or zoning official may then issue the permit. 3. Demolition A waiver of the Certificate of Appropriateness is required before a permit may be issued to allow whole or partial demolition of a designated [NAME OF LOCAL REGISTER] property or in a [NAME OF LOCAL REGISTER] historic district. The owner or his/her agent shall apply to the commission for a review of the proposed demolition and request a waiver. The applicant shall meet with the commission in an attempt to find alternatives to demolition. These negotiations may last no longer than 45 calendar days from the initial meeting of the commission, unless either party requests an extension. If no request for an extension is made and no alternative to demolition has been agreed to, the commission shall act and advise the official in charge of issuing a demolition permit of the approval or denial of the waiver of a Certificate of Appropriateness. Conditions in the case of granting a demolition permit may include allowing the commission up to 45 additional calendar days to develop alternatives to demolition. When issuing a waiver the board may require the owner to mitigate the loss of the [NAME OF LOCAL REGISTER] property by means determined by the commission at the meeting. Any conditions agreed to by the applicant in this review process shall become conditions of approval of the permits granted. After the property is demolished, the commission shall initiate removal of the property from the register. 4. Appeal of Approval or Denial of a Waiver of a Certificate of Appropriateness. The commission's decision regarding a waiver of a Certificate of Appropriateness may be appealed to the [CITY/COUNTY] Council within ten days. The appeal must state the grounds upon which the appeal is based. The appeal shall be reviewed by the council only on the records of the commission. Appeal of Council's decision regarding a waiver of a Certificate of Appropriateness may be appealed to Superior Court. SECTION 7. REVIEW AND MONITORING OF PROPERTIES FOR SPECIAL PROPERTY TAX VALUATION A. Time Lines 1. Applications shall be forwarded to the commission by the assessor within 10 calendar days of filing. 2. Applications shall be reviewed by the commission before December 31 of the calendar year in which the application is made. 3. Commission decisions regarding the applications shall be certified in writing and filed with the assessor within 10 calendar days of issuance. B. Procedure 1. The assessor forwards the application(s) to the commission. 2. The commission reviews the application(s), consistent with its rules of procedure, and determines if the application(s) are complete and if the properties meet the criteria set forth in WAC 254-20-070(1) and listed in Section of this ordinance. a. If the commission finds the properties meet all the criteria, then, on behalf of the [LOCAL GOVERNMENT], it enters into an Historic Preservation Special Valuation Agreement (set forth in WAC 254-20-120 and in Section of this ordinance) with the owner. Upon execution of the agreement between the owner and commission, the commission approves the application(s). DRAFT HISTORIC PRESERVATION ORDINANCE Page 9 of 11 b. If the commission determines the properties do not meet all the criteria, then it shall deny the application(s). 3. The commission certifies its decisions in writing and states the facts upon which the approvals or denials are based and files copies of the certifications with the assessor. 4. For approved applications: a. The commission forwards copies of the agreements, applications, and supporting documentation (as required by WAC 254-20-090 (4) and identified in Section of this ordinance) to the assessor, b. Notifies the state review board that the properties have been approved for special valuation, and c. Monitors the properties for continued compliance with the agreements throughout the 10 -year special valuation period. 5. The commission determines, in a manner consistent with its rules of procedure, whether or not properties are disqualified from special valuation either because of a. The owner's failure to comply with the terms of the agreement or b. Because of a loss of historic value resulting from physical changes to the building or site. 6. For disqualified properties, in the event that the commission concludes that a property is no longer qualified for special valuation, the commission shall notify the owner, assessor, and state review board in writing and state the facts supporting its findings. C. Criteria 1. Historic Property Criteria: The class of historic property eligible to apply for Special Valuation in [LOCAL GOVERNMENT] means [ALL/IDENTIFY SELECTED TYPES] properties listed on the National Register of Historic Places or certified as contributing to a National Register Historic District which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW, until [LOCAL GOVERNMENT] becomes a Certified Local Government (CLG). Once a CLG, the class of property eligible to apply for Special Valuation in [LOCAL GOVERNMENT] means [ONLY] [ALL/IDENTIFY SELECTED TYPES] properties listed on the [LOCAL/LOCAL AND NATIONAL/NATIONAL] Register of Historic Places or properties certified as contributing to an [LOCAL/LOCAL AND NATIONAL/NATIONAL] Register Historic District which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW. 2. Application Criteria: Complete applications shall consist of the following documentation: a. A legal description of the historic property, b. Comprehensive exterior and interior photographs of the historic property before and after rehabilitation, c. Architectural plans or other legible drawings depicting the completed rehabilitation work, and d. A notarized affidavit attesting to the actual cost of the rehabilitation work completed prior to the date of application and the period of time during which the work was performed and documentation of both to be made available to the commission upon request, and e. For properties located within historic districts, in addition to the standard application documentation, a statement from the secretary of the interior or appropriate local official, as specified in local administrative rules or by the local government, indicating the property is a certified historic structure is required. 3. Property Review Criteria: In its review the commission shall determine if the properties meet all the following criteria: a. The property is historic property; b. The property is included within a class of historic property determined eligible for Special Valuation by the [LOCAL GOVERNMENT] under Section of this ordinance; DRAFT HISTORIC PRESERVATION ORDINANCE Page 10 of 11 c. The property has been rehabilitated at a cost which meets the definition set forth in RCW 84.26.020(2) (and identified in Section of this ordinance) within twenty-four months prior to the date of application; and d. The property has not been altered in any way which adversely affects those elements which qualify it as historically significant as determined by applying the Washington State Advisory Council's Standards for the Rehabilitation and Maintenance of Historic Properties (WAC 254-20-100(1) and listed in Section of this ordinance). 4. Rehabilitation and Maintenance Criteria: The Washington State Advisory Council's Standards for the Rehabilitation and Maintenance of Historic Properties in WAC 254-20-100 shall be used by the commission as minimum requirements for determining whether or not an historic property is eligible for special valuation and whether or not the property continues to be eligible for special valuation once it has been so classified. D. Agreement: The historic preservation special valuation agreement in WAC 254-20-120 shall be used by the commission as the minimum agreement necessary to comply with the requirements of RCW 84.26.050(2). E. Appeals: Any decision of the commission acting on any application for classification as historic property, eligible for special valuation, may be appealed to Superior Court under Chapter 34.05.510 -34.05.598 RCW in addition to any other remedy of law. Any decision on the disqualification of historic property eligible for special valuation, or any other dispute, may be appealed to the County Board of Equalization. DRAFT HISTORIC PRESERVATION ORDINANCE Page 11 of 11 WAC 254-20-100 No agency filings affecting this section since 2003 Washington state advisory council's standards for the rehabilitation and maintenance of historic properties. The following rehabilitation and maintenance standards shall be used by local review boards as minimum requirements for determining whether or not an historic property is eligible for special valuation and whether or not the property continues to be eligible for special valuation once it has been so classified: (1) Rehabilitation. (a) Every reasonable effort shall be made to provide a compatible use for an historic property which requires minimal alteration of the building, structure, or site and its environment, or to use an historic property for its originally intended purpose. (b) The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. (c) All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. (d) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. (e) Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. (f) Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. (g) The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. (h) Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any project. (i) Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment. (j) Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. (2) Maintenance. (a) Buildings and structures shall not be allowed to deteriorate beyond the point where routine maintenance and repair will return them to good condition. (b) Buildings shall be kept in a safe and habitable condition at all times. Structural defects and hazards shall be corrected. Any condition which constitutes a fire hazard shall be eliminated. (c) Buildings shall be protected against ongoing water damage due to defective roofing, flashing, glazing, caulking, or other causes. Moisture condensation resulting from inadequate heat or ventilation shall be eliminated if present at levels sufficient to promote rot or decay of building materials. (d) Deteriorated exterior architectural features and any broken or missing doors and windows shall be repaired or replaced. (e) Painted exterior surfaces shall be maintained and repainted as necessary to prevent a deteriorated appearance or damage to the substrate. Exterior masonry surfaces shall be tuck pointed where required to maintain the mortar in sound condition. Finished tuck pointing shall match the original mortar joint in hardness and appearance The Secretary of the Interior's Standards for Rehabilitation The Standards (Department of Interior regulations, 36 CFR 67) pertain to historic buildings of all materials, construction types, sizes, and occupancy and encompass the exterior and the interior, related landscape features and the building's site and environment as well as attached, adjacent, or related new construction. The Standards are to be applied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility. 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. Reconstruction is defined as the act or process of depicting, by means of new construction, the form, features, and detailing of a non -surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location. The Secretary of the Interior's Standards for Reconstruction 1. Reconstruction will be used to depict vanished or non -surviving portions of a property when documentary and physical evidence is available to permit accurate reconstruction with minimal conjecture, and such reconstruction is essential to the public understanding of the property. 2. Reconstruction of a landscape, building, structure, or object in its historic location will be preceded by a thorough archeological investigation to identify and evaluate those features and artifacts which are essential to an accurate reconstruction. If such resources must be disturbed, mitigation measures will be undertaken. 3. Reconstruction will include measures to preserve any remaining historic materials, features, and spatial relationships. 4. Reconstruction will be based on the accurate duplication of historic features and elements substantiated by documentary or physical evidence rather than on conjectural designs or the availability of different features from other historic properties. A reconstructed property will re- create the appearance of the non -surviving historic property in materials, design, color, and texture. 5. A reconstruction will be clearly identified as a contemporary re-creation. 6. Designs that were never executed historically will not be constructed. Preservation is defined as the act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code -required work to make properties functional is appropriate within a preservation project. The Secretary of the Interior's Standards for Preservation 1. A property will be used as it was historically, or be given a new use that maximizes the retention of distinctive materials, features, spaces, and spatial relationships. Where a treatment and use have not been identified, a property will be protected and, if necessary, stabilized until additional work may be undertaken. 2. The historic character of a property will be retained and preserved. The replacement of intact or repairable historic materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided. 3. Each property will be recognized as a physical record of its time, place, and use. Work needed to stabilize, consolidate, and conserve existing historic materials and features will be physically and visually compatible, identifiable upon close inspection, and properly documented for future research. 4. Changes to a property that have acquired historic significance in their own right will be retained and preserved. 5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved. 6. The existing condition of historic features will be evaluated to determine the appropriate level of intervention needed. Where the severity of deterioration requires repair or limited replacement of a distinctive feature, the new material will match the old in composition, design, color, and texture. 7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used. 8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken. Restoration is defined as the act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code -required work to make properties functional is appropriate within a restoration project. The Secretary of the Interior's Standards for Restoration 1. A property will be used as it was historically or be given a new use which reflects the property's restoration period. 2. Materials and features from the restoration period will be retained and preserved. The removal of materials or alteration of features, spaces, and spatial relationships that characterize the period will not be undertaken. 3. Each property will be recognized as a physical record of its time, place, and use. Work needed to stabilize, consolidate and conserve materials and features from the restoration period will be physically and visually compatible, identifiable upon close inspection, and properly documented for future research. 4. Materials, features, spaces, and finishes that characterize other historical periods will be documented prior to their alteration or removal. 5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize the restoration period will be preserved. 6. Deteriorated features from the restoration period will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. 7. Replacement of missing features from the restoration period will be substantiated by documentary and physical evidence. A false sense of history will not be created by adding conjectural features, features from other properties, or by combining features that never existed together historically. 8. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used. 9. Archeological resources affected by a project will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken. 10. Designs that were never executed historically will not be constructed. Graphic Version [No disponible en espanol) WAC 254-20-120 No agency filings affecting this section since 2003 Historic preservation special valuation agreement. The following historic preservation special valuation agreement shall be used by local review boards as the minimum agreement necessary to comply with the requirements of RCW 84.26.050(2): This Historic Preservation Agreement is entered into on this .... day of , 19 .... , by and between (hereinafter referred to as APPLICANT) and (hereinafter referred to as LOCAL REVIEW BOARD). WHEREAS APPLICANT is the owner of record of the historic property commonly known as located at , State of Washington, as more fully described in Exhibit A, attached hereto and incorporated herein by this reference (hereinafter referred to as PROPERTY); and WHEREAS APPLICANT has requested special valuation of the PROPERTY pursuant to chapter 84.26 RCW; and WHEREAS the LOCAL REVIEW BOARD has determined that the PROPERTY has been substantially rehabilitated within the two year period preceding the date of application and the actual cost of said rehabilitation equals or exceeds twenty-five percent of the assessed valuation of the PROPERTY prior to the improvements; and WHEREAS the LOCAL REVIEW BOARD has verified that the PROPERTY is historic property that falls within a class of properties determined eligible for special valuation by local ordinance or administrative rule; and WHEREAS the LOCAL REVIEW BOARD finds that the rehabilitation work has not altered the PROPERTY in any way which adversely affects those elements which qualify it as historically significant; NOW THEREFORE, in recognition of the foregoing, the APPLICANT enters into this Agreement with the LOCAL REVIEW BOARD and agrees to adhere to the following terms and conditions for the ten-year period of the special valuation classification: 1. APPLICANT agrees to comply with the Washington State Advisory Council's Standards for the Maintenance and Rehabilitation of Historic Properties as set forth in Exhibit B, which is attached hereto and by this reference incorporated herein. 2. APPLICANT agrees the property shall not be altered without the prior written consent of the LOCAL REVIEW BOARD signed by a duly authorized representative thereof. No construction, alteration or remodelling or any other action shall be undertaken or permitted to be undertaken which would affect the historic character of the PROPERTY which classifies it as eligible for special valuation, or which would affect the appearance of the PROPERTY as depicted in the photographs attached hereto and incorporated herein by this reference as Exhibits through , or which would adversely affect the structural soundness of the PROPERTY; provided, however, that the reconstruction, repair, repainting, or refinishing of presently existing parts or elements of the PROPERTY subject to this Agreement, damage to which has resulted from casualty loss, deterioration or wear and tear, shall be permitted without the prior approval of the LOCAL REVIEW BOARD, provided that such reconstruction, repair, repainting, or refinishing is performed in a manner which will not alter the appearance of those elements of the PROPERTY subject to this Agreement as they are as of this date. Exterior changes which shall require the consent of the LOCAL REVIEW BOARD shall include, but not be limited to, any substantial structural change or any change in design, color or materials. 3. APPLICANT agrees the PROPERTY shall not be demolished without the prior written consent of the local review board. 4. APPLICANT agrees to make historic aspects of the PROPERTY accessible to the public one day each year if the PROPERTY is not visible from a public right of way. 5. APPLICANT agrees to monitor the PROPERTY for its continued qualification for special valuation and notify the appropriate County Assessor within 30 days if the PROPERTY becomes disqualified because of a. a loss of historic integrity, b. sale or transfer to new ownership exempt from taxation, or c. sale or transfer to new ownership which does not intend to agree to the terms of this Agreement nor file a notice of compliance form with the County Assessor. 6. The APPLICANT and LOCAL REVIEW BOARD both agree that there shall be no changes in standards of maintenance, public access, alteration, or report requirements, or any other provisions of this Agreement, during the period of the classification without the approval of all parties to this Agreement. Term of the Agreement. This Agreement shall take effect immediately upon signature and remain in effect until the property is no longer eligible for special valuation either through disqualification under RCW 84.26.080 or upon expiration of the ten-year period of special valuation commencing January 1, 19 , and ending December 31, 19 .... Hold Harmless. The APPLICANT or its successors or assigns shall hold the State and the LOCAL REVIEW BOARD harmless from any and all liability and claims which may be asserted against the State and the LOCAL REVIEW BOARD as a result of this Historic Preservation Special Valuation Agreement or the participation by the APPLICANT in the Special Valuation Program. Governing Law. The terms of this Agreement shall be construed in accordance with the laws of the state of Washington. [Statutory Authority: RCW 84.26.120. WSR 86-21-103 (Order 86-11), § 254-20-120, filed 10/20/86.] CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 21, 2015 Check all that apply: ❑ consent ❑ old business ❑ information ® admin. report Department Director Approval: ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Administrative report — proposed franchise to Avista Corporation regarding electrical transmission and distribution in the rights-of-way. GOVERNING LEGISLATION: RCW 35A.47.040. PREVIOUS COUNCIL ACTION TAKEN: None. BACKGROUND: Avista Corporation operates an electrical utility throughout this region, including parts of the City. The provision of those services requires use of the public rights-of- way for transmission and distribution of electricity via above -ground poles and wires, underground wires, and other related facilities. Avista has operated this utility for many years, formerly under the name Washington Water Power, and is one of four electrical utility providers in the City. This would be similar in many respects to other franchises granted by the City, and would be for 25 years, the same length as the natural gas distribution franchise granted to Avista in 2013. OPTIONS: (1) move to a first reading for motion consideration; or (2) request additional information. RECOMMENDED ACTION OR MOTION: Consensus to place on a future agenda for a first ordinance reading. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: draft proposed Ordinance 15-011 granting electrical franchise to Avista Corporation. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 15-011 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING TO AVISTA CORPORATION A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT AND MAINTAIN POLES, ELEVATED AND UNDERGROUND WIRES, CABLES AND APPURTENANCES FOR THE TRANSMISSION, CONTROL AND DISTRIBUTION OF ELECTRICITY WITHIN THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF SPOKANE VALLEY, AND OTHER MATTERS RELATING THERETO. WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate "nonexclusive franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels, for water, sewer and other private and publicly owned and operated facilities for public service"; and WHEREAS, RCW 35A.47.040 further requires that "no ordinance or resolution granting any franchise in a code city for any purpose shall be adopted or passed by the city's legislative body on the day of its introduction nor for five days thereafter, nor at any other than a regular meeting nor without first being submitted to the city attorney, nor without having been granted by the approving vote of at least a majority of the entire legislative body, nor without being published at least once in a newspaper of general circulation in the city before becoming effective"; and WHEREAS, this Ordinance has been submitted to the City Attorney prior to its passage; and WHEREAS, the Council finds that the grant of the Franchise contained in this Ordinance, subject to its terms and conditions, is in the best interests of the public, and protects the health, safety, and welfare of the citizens of this City. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. Definitions. For the purpose of this Ordinance, the following words and terms shall have the meaning set forth below: "Avista" means Avista Corporation, dba Avista Utilities, a Washington corporation, and its respective successors and assigns, agents and contractors. "City Manager" means the City Manager or designee. "Commission" means the Washington Utilities and Transportation Commission or such successor regulatory agency having jurisdiction over investor-owned public utilities in the State of Washington. "construction" or "construct" shall mean constructing, digging, excavating, laying, testing, operating, extending, upgrading, renewing, removing, replacing, and repairing a facility. Ordinance 15-011 Page 1 of 13 DRAFT "day" shall mean a 24-hour period beginning at 12:01 AM. If a thing or act is to be done in less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of time. "facilities" means, collectively, any and all electric transmission and distribution systems and appurtenances owned by Avista, now and in the future in the franchise area, including but not limited to, poles, towers, overhead and underground wires and cables, conduits, vaults, transformers, meters, meter -reading devices, communication and control systems and other equipment, appliances, fixtures, attachments, appurtenances and other items necessary, convenient, or in any way appertaining to any and all of the foregoing for the purposes of transmission, distribution, and control of electricity, whether the same be located above or below ground. "franchise area" shall mean the entire geographic area within the City as it is now constituted or may in the future be constituted. "hazardous substances" shall have the same meaning as RCW 70.105D.020(10). "maintenance, maintaining or maintain" shall mean the work involved in the replacement and/or repair of facilities, including constructing, relaying, repairing, replacing, examining, testing, inspecting, removing, digging and excavating, and restoring operations incidental thereto. "public property" shall mean any real estate or any facility owned by the City. "Public Works Director" shall mean the Spokane Valley Public Works Director or his/her designee. "right-of-way" shall refer to the surface of and the space along, above, and below any street, road, highway, freeway, lane, sidewalk, alley, court, boulevard, parkway, drive, trail, bike path, Grantee easement, and/or public way now or hereafter held or administered by the City, to the extent the City has the right to allow the Grantee to use them. "streets" or "highways" shall mean the surface of, and the space above and below, any public street, road, alley, or highway within the City used or intended to be used by the general public, to the extent the City has the right to allow the Grantee to use them. "tariff" means the rate schedules, rules, and regulations relating to utility service, filed with and approved by the Commission during the term of this Franchise. Section 2. Grant of Franchise. The City of Spokane Valley, a Washington municipal corporation (hereinafter "City" or "the City"), hereby grants unto Avista (hereinafter "Avista" or "Grantee"), a franchise for a period of 25 years, beginning on the effective date of this Ordinance, to install, construct, operate, maintain, replace, upgrade and use all necessary equipment and facilities to place electric facilities in, under, on, across, over, through, along, or below the public rights-of-way located in the City of Spokane Valley, and other public places as agreed to by the parties in writing (which may be accomplished by written agreement of the City Manager and Grantee's Director of Operations), as approved under City permits issued pursuant to this franchise (hereinafter the "franchise"). The parties may renew this franchise for an additional 25 years by mutual written agreement, which may be exercised at any time within the final year of the initial franchise term. Ordinance 15-011 Page 2 of 13 DRAFT Section 3. Fee. No right-of-way use fee is imposed for the term of this franchise. Any such right-of-way use or franchise fee that may be imposed by subsequent ordinance would apply to any subsequent franchise, if any, between the parties. Section 4. Recovery of Costs. Grantee shall reimburse the City for all costs of one publication of this franchise in a local newspaper, and required legal notices prior to any public hearing regarding this franchise, contemporaneous with its acceptance of this franchise. Grantee shall be subject to all permit and inspection fees associated with activities undertaken through the authority granted in this franchise or under City Code. Section 5. Non -Exclusivity. This franchise is granted upon the express condition that it shall not in any manner prevent the City from granting other or further franchises or permits in any rights- of-way that do not materially interfere with Grantee's rights under this franchise. This and other franchises shall, in no way, prevent or prohibit the City from using any of its rights-of-way or affect its jurisdiction over them or any part of them. City may not, however, award an electric franchise to another party under more favorable or less onerous terms than those of this franchise without this franchise being amended to reflect such more favorable or less onerous terms. Section 6. Non -Interference with Existing Facilities. Grantee shall have the discretion to determine the placement of its Facilities as may be necessary to provide safe and reliable electric service within the Franchise Area, subject to the following non-interference requirements. The City shall have prior and superior right to the use of its rights-of-way and public properties for installation and maintenance of its facilities and other governmental purposes. In the event the City, its agents or its contractors, perform grading, excavating, or other necessary road work contiguous to Grantee's facilities, the City shall give Grantee not less than 10 business days' notice of said work. The City hereby retains full power to make all changes, relocations, repairs, maintenance, establishments, improvements, dedications or vacation of same as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new rights-of-way, streets, avenues, thoroughfares and other public properties of every type and description. Any and all such removal or replacement shall be at the sole expense of the City. The owners of all utilities, public or private, installed in or on such public properties prior to the installation of the facilities of the Grantee, shall have preference as to the positioning and location of such utilities so installed with respect to the Grantee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such public properties. Grantee's facilities shall be constructed and maintained in such manner as not to interfere with any public use, or with any other wires, conduits or other facilities that may have been laid in the rights- of-way by or under the City's authority. If the work done under this franchise damages or interferes in any way with the public use or other facilities, the Grantee shall wholly and at its own expense make such provisions necessary to eliminate the interference or damage to the satisfaction of the Public Works Director. Section 7. Construction Standards. All work authorized and required hereunder shall comply with all generally applicable City Codes and regulations. Grantee shall also comply with all applicable federal and state regulations, laws and practices. Grantee is responsible for the supervision, condition, and quality of the work done, whether it is by itself or by contractors, assigns or agencies. Application of said federal, state, and City Codes and regulations shall be for the purposes of fulfilling the City's public trustee role in administering the primary use and purpose of public properties, and not for relieving the Grantee of any duty, obligation, or responsibility for the competent design, construction, maintenance, and operation of its facilities. Ordinance 15-011 Page 3 of 13 DRAFT If Grantee shall at any time be required, or plan, to excavate trenches in any area covered by this franchise, the Grantee shall afford the City an opportunity to permit other franchisees and utilities to share such excavated trenches, provided that: (1) such joint use shall not unreasonably delay the work of the Grantee; and (2) such joint use shall not adversely affect Grantee's facilities or safety thereof. Joint users will be required to contribute to the costs of excavation and filling on a pro -rata basis. Section 8. Protection of Monuments. Grantee shall comply with applicable state laws relating to protection of monuments. Section 9. Tree Trimming All such pruning, trimming and removal shall be done by Grantee or its authorized contractors at the Grantee's sole cost and expense. State law requires electric utilities to comply with the National Electric Safety Code, including the guidance for the trimming or removal of vegetation interfering or potentially interfering with energized power lines. The right of Grantee to maintain its facilities and appurtenances under this franchise shall accordingly include the right, as exercised in Grantee's professional discretion, to utilize an integrated vegetation management program to minimize the likelihood that vegetation encroaching (either above or below the ground) on Grantee's facilities can lead to power outages and other threats to public safety and welfare. Grantee or its agents may inhibit the growth of, prune, or remove any trees and vegetation which overhangs or encroaches upon its electric transmission and distribution corridors within the franchise area, whether such trees or vegetation originate within or outside of the rights-of-way. Grantee shall consult with the City Parks and Recreation Department prior to removing any tree in excess of six inch diameter at breast height. The parties agree to develop a pilot program under separate agreement that promotes the replacement of inappropriate vegetation that interferes with Grantee's facilities. Section 10. Emergency Response. The Grantee shall, within 30 days of the execution of this franchise, designate one or more responsible people and an emergency contact, along with the procedures to be followed when responding to an emergency. After being notified of an emergency, Grantee shall cooperate with the City to respond in a timely manner with action to aid in the protection of the health and safety of the public. In the event the Grantee refuses to promptly take the directed action or fails to fully comply with such direction, or if emergency conditions exist which require immediate action to prevent imminent injury or damages to persons or property, the City may take such actions as it believes are necessary to protect persons or property and the Grantee shall be responsible to reimburse the City for its costs and any expenses. Section 11. One -Call System. Pursuant to RCW 19.122, Grantee is responsible for becoming familiar with and understanding the provisions of Washington's One -Call statutes. Grantee shall comply with the terms and conditions set forth in the One -Call statutes. Section 12. Safety. All of Grantee's facilities in the rights-of-way shall be constructed and maintained in a safe and operational condition. Grantee shall follow all safety codes and other applicable regulations in the installation, operation, and maintenance of the facilities. Section 13. Temporary Movement of Grantee's Facilities for Others. Whenever any third party shall have obtained permission from the City to use any right—of-way for the purpose of moving any building or other oversized structure, Grantee, upon at least 14 days' written notice from the City, shall move, at the expense of the third party desiring to move the building or structure, any of Grantee's Ordinance 15-011 Page 4 of 13 DRAFT facilities that may obstruct the movement thereof; provided, that the path for moving such building or structure is the path of least interference to Grantee's facilities, as mutually agreed upon by Grantee and the City. Upon good cause shown by Grantee, the City may provide more than 14 days' notice to Grantee to move its facilities. Section 14. Acquiring New Facilities. Upon Grantee's acquisition of any new facilities in the rights-of-way, or upon Grantee's notice of any addition or annexation to the City of any area in which Grantee retains any such facilities in the rights-of-way, the Grantee shall submit to the City a written statement with an electronic GIS map describing all facilities involved, whether authorized by franchise or any other form of prior right, and specifying the location of all such facilities. Such facilities shall immediately be subject to the terms of this franchise. Section 15. Dangerous Conditions - Authority of City to Abate. Whenever Grantee's excavation, installation, construction, repair, maintenance, or relocation of facilities authorized by this franchise has caused or contributed to a condition that substantially impairs the lateral support of the adjoining right-of-way, road, or other public place, or endangers the public, adjoining public or private property or street utilities, the City may direct Grantee, at Grantee's sole expense, to take all necessary actions to protect the public and property. The City may require that such action be completed within a prescribed time. In the event that Grantee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may direct Grantee to hire an appropriate number of private contractors to perform all necessary services to address such conditions which threaten the public health, safety and welfare, and Grantee agrees to comply with such directive. Grantee shall be liable for all costs and expenses thereof. Section 16. Hazardous Substances. Grantee shall comply with all applicable federal, state and local laws, statutes, regulations and orders concerning hazardous substances relating to Grantee's facilities in the rights—of-way. Grantee agrees to indemnify the City against any claims, costs, and expenses, of any kind, whether direct or indirect, incurred by the City arising out of the release or threat of release of hazardous substances caused by Grantee's ownership or operation of its facilities within the City's rights-of-way. Section 17. Environmental. Grantee shall comply with all environmental protection laws, rules, recommendations, and regulations of the United States and the State of Washington, and their various subdivisions and agencies as they presently exist or may hereafter be enacted, promulgated, or amended, and shall indemnify and hold the City harmless from any and all damages arising, or which may arise, or be caused by, or result from the failure of Grantee to fully comply with any such laws, rules, recommendations, or regulations, whether or not Grantee's acts or activities were intentional or unintentional. Grantee shall further indemnify the City against all losses, costs, and expenses (including legal expenses) which the City may incur as a result of the requirement of any government or governmental subdivision or agency to clean and/or remove any pollution caused or permitted by Grantee, whether said requirement is during the term of the franchise or subsequent to its termination. Section 18. Relocation of Facilities. Grantee agrees and covenants, at its sole cost and expense, to protect, support, temporarily disconnect, relocate, remove, or convert from overhead to underground any of its facilities when so required by the City, provided that Grantee shall in all such cases have the privilege to temporarily bypass, in the authorized portion of the same street upon approval by the City, any section of its facilities required to be temporarily disconnected or removed. If the City determines that the project necessitates the relocation of Grantee's then -existing Ordinance 15-011 Page 5 of 13 DRAFT facilities, the City shall: (A) At least 60 days prior to the commencement of such improvement project, provide Grantee with written notice requiring such relocation; (B) Provide Grantee with copies of the plans and specifications for such improvement project; and After receipt of such notice and such plans and specifications, Grantee shall complete relocation of its facilities at no charge or expense to City so as to accommodate the improvement project. Grantee may, after receipt of written notice requesting a relocation of its facilities, submit to the City's written alternatives to such relocation. The City shall evaluate such alternatives and advise Grantee in writing if one or more of the alternatives are suitable to accommodate the work which would otherwise necessitate relocation of the facilities. If so requested by the City, Grantee shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Grantee full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative, Grantee shall relocate its facilities as otherwise provided in this section. In the event the proposed relocation results in Avista being required to relocate outside of the right of way, City agrees to assist Avista in attempting to procure an easement or other rights. Additionally, if the City requires the subsequent relocation of any of Grantee's Facilities within five years from the date of relocation of such Facilities or installation of new Facilities, the City shall share one-half of the cost of such subsequent relocation. The provisions of this section shall in no manner preclude or restrict Grantee from making any arrangements it may deem appropriate when responding to a request for relocation of its facilities by any person or entity other than the City, where the facilities to be constructed by said person or entity are not or will not become City owned, operated or maintained facilities, provided that such arrangements do not unduly delay a City construction project. If the City or a contractor for the City is delayed at any time in the progress of the work by an act or neglect of the Grantee or those acting for or on behalf of Grantee, then Grantee shall indemnify, defend and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorneys' fees to the extent arising out of or in connection with such delays, except for delays and damages caused by the City. This provision may not be waived by the parties except in writing. Section 19. Abandonment of Grantee's Facilities. No facility constructed or owned by Grantee may be abandoned without the express written consent of the City, which consent shall not be unreasonably withheld. The City has discretion and authority to direct Grantee to remove a facility abandoned by Grantee (whether or not the entity had permission to abandon the facility) and restore the rights-of-way to their pre -removal condition when: (A) a City project involves digging that will encounter the abandoned facility and the location of the abandoned facility will impede the progress of such project; (B) the abandoned facility poses a hazard to the health, safety, or welfare of the public; or (C) the facilities are owned by Grantee and have not been in continuous use for a 24 month Ordinance 15-011 Page 6 of 13 DRAFT period. Grantee may delay removal of the abandoned facility until such time as the City commences a construction project in the rights-of-way unless (B) above applies. When (B) applies, Grantee shall remove the abandoned facility from the rights-of-way as soon as weather conditions allow, unless the City expressly allows otherwise in writing. The expense of the removal, and restoration of improvements in the rights-of-way that were damaged by the facility or by the removal process, shall be the sole responsibility of the Grantee. If Grantee fails to remove the abandoned facilities in accordance with the above, then the City may incur costs to remove the abandoned facilities and restore the rights-of-way, and is entitled to reimbursement from Grantee for such costs, including reasonable attorney's fees and costs. Section 20. Maps and Records Required. Upon request, Grantee shall provide the City, at no cost to the City: (A) An electronic GIS route map that depicts the general location of the Grantee's facilities placed in the rights-of-way. The route map shall identify facilities as aerial or underground and is not required to depict service lines to individual subscribers and is not survey grade. Avista does not warrant the accuracy of such facility location information provided and, to the extent the location of facilities are shown, such facilities may be shown in their approximate location. (B) In connection with the construction of any City project, Grantee shall provide to the City, upon the City's reasonable request, copies of available drawings in use by Grantee showing the location of such facilities. Grantee shall field locate its facilities in order to facilitate design and planning of City improvement projects. (C) Upon written request of the City, Grantee shall provide the City with the most recent update available of any plan of potential improvements to its facilities within the franchise area; provided, however, any such plan so submitted shall be deemed confidential and for informational purposes only, and shall not obligate Grantee to undertake any specific improvements within the franchise area. (D) In addition to the requirements of subsection (A) of this section, the parties agree to periodically share GIS files upon written request, provided Grantee's GIS files are to be used solely by the City for governmental purposes. Any files provided to Grantee shall be restricted to information required for Grantee's engineering needs for construction or maintenance of facilities that are the subject of this franchise. Grantee and the City are prohibited from selling any GIS information obtained under this franchise to any third parties. (E) Public Record Act. Grantee acknowledges that information submitted to the City may be subject to inspection and copying under the Washington Public Record Act codified in RCW 42.56. Grantee shall mark as "PROPRIETARY/CONFIDENTIAL" each page or portion thereof of any documentation/information which it submits to the City and which it believes is exempt from public inspection or copying. The City agrees to timely provide the Grantee with a copy of any public disclosure request to inspect or copy documentation/information which the Grantee has provided to the City and marked as "PROPRIETARY/CONFIDENTIAL" prior to allowing any inspection and/or copying as well as provide the Grantee with a time frame, consistent with RCW 42.56.520, to provide the City with its written basis for non -disclosure of the requested documentation/information. In the event the City disagrees with the Grantee's basis for non -disclosure, the City agrees to withhold release of the requested documentation/information in dispute for a reasonable amount of time to allow Grantee an opportunity to file a legal action under RCW 42.56.540. Ordinance 15-011 Page 7 of 13 DRAFT Section 21. Limitation on Future Work. In the event that the City constructs a new street or reconstructs an existing street, the Grantee shall not be permitted to excavate such street except as set forth in the City's then -adopted regulations relating to street cuts and excavations. The City is a party to the Inland Northwest Regional Pavement Cut Policy, and shall maintain a copy of the currently adopted Policy on its website or similar broad means of dissemination. Section 22. Reservation of Rights by City. The City reserves the right to refuse any request for a permit to extend facilities. Any such refusal shall be supported by a written statement from the Public Works Director that extending the facilities, as proposed, would materially interfere with the public health, safety or welfare. Section 23. Remedies to Enforce Compliance. In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force Grantee and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Section 24. City Ordinances and Regulations. Nothing herein shall be deemed to direct or restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this franchise, including any reasonable ordinances made in the exercise of its police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations the location, elevation, and manner of construction and maintenance of any facilities by Grantee, and Grantee shall promptly conform with all such regulations, unless compliance would cause Grantee to violate other requirements of law or the tariff. In the event of a conflict between the Municipal Code and this franchise, the Municipal Code shall control. Section 25. Vacation. The City may vacate any City road, right-of-way or other City property which is subject to rights granted by this franchise in accordance with state and local law. The City shall timely notify Avista of any proposed street vacations so that Avista may request the inclusion of an appropriate easement in the area to be vacated. Section 26. Indemnification. (A) Grantee hereby covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards or liability to any person arising from injury, sickness or death of any person or damage to property of any nature whatsoever relating to or arising out of this franchise agreement; except for injuries and damages caused solely by the negligence of the City. This includes but is not limited to injury: 1) For which the negligent acts or omissions of Grantee, its agents, servants, officers or employees in performing the activities authorized by a franchise are a proximate cause; 2) By virtue of the City permitting grantee's use of the City's rights -of -ways or other public property; 3) Arising as a result of the negligent acts or omissions of Grantee, its agents, servants, officers or employees in barricading, instituting trench safety systems or providing other adequate Ordinance 15-011 Page 8 of 13 DRAFT warnings of any excavation, construction or work upon the facility, in any right-of-way, or other public place in performance of work or services permitted under a franchise. (B).Grantee's indemnification obligations pursuant to subsection 1 of this section shall include assuming liability for actions brought by Grantee's employees and the employees of Grantee's agents, representatives, contractors and subcontractors even though Grantee might be immune under RCW Title 51 from direct suit brought by such an employee. It is expressly agreed and understood that this assumption of potential liability for actions brought by the aforementioned employees is limited solely to claims against the City arising by virtue of Grantee's exercise of the rights set forth in a franchise. The obligations of Grantee under this subsection have been mutually negotiated by the parties, and Grantee acknowledges that the City would not enter into a franchise without Grantee's waiver. To the extent required to provide this indemnification and this indemnification only, Grantee waives its immunity under RCW Title 51. (C) The City shall indemnify and hold harmless Grantee and its officers, volunteers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the City, its officers, agents and employees, relating to or arising out of the performance of this franchise. (D) If the comparative negligence of the parties and their officers, volunteers, agents, and employees is a cause of such damage or injury, the liability, loss, cost, or expense shall be shared between the parties in proportion to their relative degree of negligence and the right of indemnity shall apply to such proportion. (E) Inspection or acceptance by the City of any work performed by Grantee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Provided, that Grantee has been given prompt written notice by the City of any such claim, said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. The City has the right to defend or participate in the defense of any such claim. (F) In the event any matter (for which the City intends to assert its rights under this Section) is presented to or filed with the City, the City shall promptly notify Grantee thereof and Grantee shall have the right, at its sole cost and expense, to settle and compromise such matter as it pertains to Grantee's responsibility under this Section 26. In the event any suit or action is commenced against the City based upon any such matter, the City shall likewise promptly notify Grantee thereof, and Grantee shall have the right, at its sole cost and expense, to settle and compromise such suit or action, or defend the same at its sole cost and expense, by attorneys of its own election, as it pertains to Grantee's responsibility under this Section 26. Failure of the City to give notice as required herein shall not be a defense except and to the extent that Grantee demonstrates actual prejudice therefrom. (G) In the event that Grantee refuses the tender of defense in any suit or any claim, said tender having been made pursuant to this section, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Grantee, then Grantee shall pay all of the City's costs for defense of the action, including all reasonable expert witness fees, reasonable attorneys' fees, the reasonable costs of the City, and reasonable attorneys' fees of recovering under this subsection. (H) Grantee's duty to defend, indemnify and hold harmless City against liability for damages caused by the concurrent negligence of (a) City or City's agents, employees, or contractors, and (b) Grantee or Grantee's agents, employees, or contractors, shall apply only to the extent of the negligence of Ordinance 15-011 Page 9 of 13 DRAFT Grantee or Grantee's agents, employees, or contractors. In the event that a court of competent jurisdiction determines that a franchise is subject to the provisions of RCW 4.24.115, the parties agree that the indemnity provisions hereunder shall be deemed amended to conform to said statute and liability shall be allocated as provided herein. (I) Notwithstanding any other provisions of this section, Grantee assumes the risk of damage to its facilities located in the rights-of-way and upon City -owned property from activities conducted by the City, its officers, agents, employees and contractors, except to the extent any such damage or destruction is caused by or arises from the negligence or any willful or malicious actions on the part of the City, its officers, agents, employees or contractors. Grantee releases and waives any and all such claims against the City, its officers, agents, employees or contractors. Grantee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of Grantee's facilities as the result of any interruption of service due to damage or destruction of Grantee's facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors, except to the extent any such damage or destruction is caused by or arises from the negligence or any willful or malicious actions on the part of the City, its officers, agents, employees or contractors. (J) The provisions of this section shall survive the expiration, revocation or termination of this franchise. Section 27. Insurance. Grantee shall procure and maintain insurance for the duration of the franchise, or provide self-insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to Grantee, its agents, representatives or employees. Grantee's maintenance of insurance as required by this franchise shall not be construed to limit the liability of the Grantee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. (A) Automobile Liability insurance with limits no less than $1,000,000 Combined Single Limit per accident for bodily injury and property damage. This insurance shall cover all owned, non -owned, hired or leased vehicles used in relation to this franchise. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage; and (B) Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01, or a substitute form providing equivalent liability coverage acceptable to the City, and shall cover products liability. The City shall be named as an insured under the Grantee's Commercial General Liability insurance policy using ISO Additional Insured -State or Political Subdivisions -Permits CG 20 12 or a substitute endorsement acceptable to the City providing equivalent coverage. Coverage shall be written on an occurrence basis with limits no less than $1,000,000 Combined Single Limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations; broad form property; explosion, collapse and underground (XCU); and Employer' s Liability. The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: (A) The Grantee's insurance coverage shall be primary insurance with respect to the City as Ordinance 15-011 Page 10 of 13 DRAFT outlined in the Indemnification section of this franchise. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Grantee's insurance and shall not contribute with it. (B) The Grantee's insurance shall be endorsed to state that coverage shall not be cancelled, except after 30 days' prior written notice has been given to the City. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Grantee shall furnish the City with original certificates and a copy of any amendatory endorsements, including the additional insured endorsement, evidencing the insurance requirements of the Grantee prior to the adoption of this Ordinance. Any failure to comply with the reporting provisions of the policies required herein shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Section 28. Performance Bond Relating to Construction Activity. Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this franchise, Grantee, or any parties Grantee contracts with to perform labor in the performance of this franchise, shall, upon the request of the City, furnish a bond executed by Grantee or Grantee's contractors and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City, not to exceed $25,000.00, as sufficient to ensure performance of Grantee's obligations under this franchise. The bond shall be conditioned so that Grantee shall observe all the covenants, terms and conditions and shall faithfully perform all of the obligations of this franchise, and to repair or replace any defective work or materials discovered in the City's road, streets, or property. Said bond shall remain in effect for the life of this franchise. In the event Grantee proposes to construct a project for which the above-mentioned bond would not ensure performance of Grantee's obligations under this franchise, the City is entitled to require such larger bond as may be appropriate under the circumstances. Section 29. Modification. The City and Grantee hereby reserve the right to alter, amend or modify the terms and conditions of this franchise upon written agreement of both parties to such alteration, amendment or modification. Section 30. Forfeiture and Revocation. If Grantee willfully violates or fails to comply with any of the provisions of this franchise, or through willful or unreasonable negligence fails to heed or comply with any notice given Grantee by the City under the provisions of this franchise, and an adequate opportunity to cure the violation or non-compliance has been given in writing to Grantee, then Grantee shall, at the election of the City, forfeit all rights conferred hereunder and this franchise may be revoked or annulled by the City after a hearing held upon reasonable notice to Grantee. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order from the Spokane County Superior Court compelling Grantee to comply with the provisions of this franchise and to recover damages and costs incurred by the City by reason of Grantee's failure to comply. Section 31. Assignment. This franchise may not be assigned or transferred without the written approval of the City, except that Grantee can assign this franchise without approval of, but upon notice to the City to, any parent, affiliate or subsidiary of Grantee or to any entity that acquires all or substantially all the assets or equity of Grantee, by merger, sale, consolidation or otherwise. Section 32. Acceptance. Not later than 60 days after passage of this Ordinance, the Grantee must accept the franchise herein by filing with the City Clerk an unconditional written acceptance thereof. Ordinance 15-011 Page 11 of 13 DRAFT Failure of Grantee to so accept this franchise within said period of time shall be deemed a rejection thereof by Grantee, and the rights and privileges herein granted shall, after the expiration of the 60 -day period, absolutely cease, unless the time period is extended by ordinance duly passed for that purpose. Section 33. Survival. All of the provisions, conditions and requirements of sections: 4, 5, 6, 12, 15, 16, 17, 18, 19, 26, 27, 28, 36, 37 and 38 of this franchise shall be in addition to any and all other obligations and liabilities Grantee may have to the City at common law, by statute, by ordinance, or by contract, and shall survive termination of this franchise, and any renewals or extensions hereof. All of the provisions, conditions, regulations and requirements contained in this franchise shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of Grantee and City and all privileges, as well as all obligations and liabilities of Grantee shall inure to their respective heirs, successors and assigns equally as if they were specifically mentioned herein. Section 34. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. In the event that any of the provisions of this Ordinance are held to be invalid by a court of competent jurisdiction, the City reserves the right to reconsider the grant of the franchise and may amend, repeal, add, replace or modify any other provision of the franchise, or may terminate the franchise. Section 35. Renewal. Application for extension or renewal of the term of this franchise shall be made no later than 180 days of the expiration thereof. In the event the time period granted by this franchise expires without being renewed by the City, the terms and conditions hereof shall continue in effect until this franchise is either renewed or terminated by the City. Section 36. Notice. Any notice or information required or permitted to be given by or to the parties under this franchise may be sent to the following addresses unless otherwise specified, in writing: The City: City of Spokane Valley Attn: City Clerk 11707 East Sprague, Suite 106 Spokane Valley, WA 99206 Grantee: Avista Corporation Attn: Director of Operations 1411 East Mission Ave. MSC -46 Spokane, WA 99202 Phone: (509) 495-4590 Section 37. Choice of Law. Any litigation between the City and Grantee arising under or regarding this franchise shall occur, if in the state courts, in the Spokane County Superior Court, and if in the federal courts, in the United States District Court for the Eastern District of Washington. Section 38. Non -Waiver. The City shall be vested with the power and authority to reasonably regulate the exercise of the privileges permitted by this franchise in the public interest. Grantee shall not be relieved of its obligations to comply with any of the provisions of this franchise by reason of any failure of the City to enforce prompt compliance, nor does the City waive or limit any of its rights under this franchise by reason of such failure or neglect. Section 39. Entire Agreement. This franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, Ordinance 15-011 Page 12 of 13 DRAFT written or otherwise, shall be binding upon the parties upon execution and acceptance hereof. This franchise shall also supersede and cancel any previous right or claim of Grantee to occupy the City roads as herein described. Section 40. Effective Date. This Ordinance shall be in full force and effect five days after publication of the Ordinance or a summary thereof occurs in the official newspaper of the City of Spokane Valley as provided by law. PASSED by the City Council this day of , 2015. Mayor, Dean Grafos ATTEST: Christine Bainbridge, City Clerk Approved as to Form: Date of Publication: Office of the City Attorney Effective Date: Accepted by Avista Corporation: By: The Grantee, Avista Corporation, for itself, and for its successors and assigns, does accept all of the terms and conditions of the foregoing franchise. IN WITNESS WHEREOF, has signed this day of_ 2015. Subscribed and sworn before me this day of , 2015. Notary Public in and for the State of residing in My commission expires Ordinance 15-011 Page 13 of 13 2. Second Reading Ordinance 15-006a CPA -2015-002 (Reconsideration) — Marty Palanuik (15 minutes) 3. Second Reading Ordinance 15-007a Zoning Map CPA -2015-0002 (Reconsideration) — M Palanuik (10 min) To: From: Re: DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of April 15, 2015; 10:20 a.m. Please note this is a work in progress; items are tentative Council & Staff City Clerk, by direction of City Manager Draft Schedule for Upcoming Council Meetings Friday, April 24, 2015: Special Meeting: Council of Governments, 9:30 a.m. to noon, Conference Facility located in Expo Complex, 404 NHavana Street. Hosted by Spokane County Board of County Commissioners April 28, 2015, Formal Meeting Format, 6:00 p.m. [due Mon, April 20] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 4. Second Reading Ordinance 15-009 Adopting Mining Moratorium Findings — Erik Lamb (20 minutes) 5. Second Reading Ordinance 15-010, Beekeeping — Micki Harnois (10 minutes) 6. First Reading Ordinance 15-011 Avista Electrical Franchise — Cary Driskell (10 minutes) 7. First Reading Ordinance 15-012 Gambling Tax Amendment to SVMC 3.25 — Mark Calhoun (10 minutes) 8. Admin Report: Used Oil Signage Ordinance — Erik Lamb (20 minutes) 9. Admin Report: Advance Agenda (5 minutes) 10. Info Only: (a) Proposed 2016-2021 TIP; (b) 2016-2021 Stormwater CIP (c) Dept Monthly Reports [*estimated meeting: 105 minutes] May 5, 2015, Study Session Format, 6:00 p.m. 1. Proposed 2016-2021 Six Year TIP — Steve Worley 2. Admin Report: 2016-2021 Stormwater CIP — Eric Guth 3. Advance Agenda [due Mon, April 27] (25 minutes) (20 minutes) (5 minutes) [*estimated meeting: 50 minutes] May 12, 2015, Formal Meeting Format, 6:00 p.m. 1. PUBLIC HEARING: Proposed 2016-2021 Six Year TIP — Steve Worley 2. Consent Agenda (claims, payroll, minutes) [due Mon, May 4] (20 minutes) (5 minutes) 3. Second Reading Ordinance 15-011 Avista Electrical Franchise — Cary Driskell (10 minutes) 4. Second Reading Ordinance 15-012 Gambling Tax Amendment to SVMC 3.25 — Mark Calhuon(10 minutes) 5. First Reading Used Oil Signage Ordinance — Erik Lamb (20 minutes) 6. Admin Report: Advance Agenda (5 minutes) [*estimated meeting: 70 minutes] May 19, 2015, Study Session Format, 6:00 p.m. [due Mon, May 11] 1. Advance Agenda (5 minutes) May 26, 2015, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Second Reading Used Oil Signage Ordinance — Erik Lamb 3. Proposed Resolution Adopting 2016-2021 Six Year TIP — Steve Worley 4. Motion Consideration: 2016-2021 Stormwater CIP — Eric Guth 5. Admin Report: Advance Agenda 6. Info Only: Dept Monthly Reports [due Mon, May 18] (5 minutes) (20 minutes) (10 minutes) (10 minutes) (5 minutes) [*estimated meeting: 50 minutes] June 2, 2015, Study Session Format, 6:00 p.m. [due Mon, May 25] 1. Advance Agenda (5 minutes) June 9, 2015, Formal Meeting Format, 6:00 p.m. [due Mon, June 1] Draft Advance Agenda 4/16/2015 7:54:37 AM Page 1 of 2 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda June 16, 2015, Special Meeting: Budget Workshop, 8:30 a.m. to 4:00 p.m. Spokane Valley Council Chambers No evening meeting June 16, 2015 June 23, 2015, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda 3. Info Only: Dept Monthly Reports July 7, 2015, Study Session Format, 6:00 p.m. 1. Advance Agenda July 14, 2015, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda July 21, 2015, Study Session Format, 6:00 p.m. 1. Advance Agenda July 28, 2015, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda 3. Info Only: Dept Monthly Reports *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Admissions Tax Bus Shelters Coal/Oil Train Environmental Impact Statement Governance Manual LID (Local Improvement District) Marijuana, Minor in Consumption Nat'l League of Cities (Nashville, Nov 4-7) Outside Agency Presentations (Sept 1) Public Safety Quarterly Costs Referendum Discussion Setback Requirements Sidewalks and Developments TPA (Tourism Promotion Area) [May, 2015] WSDOT Presentation: I-90/Barker Interchange Draft Advance Agenda 4/16/2015 7:54:37 AM (5 minutes) (5 minutes) [due Mon, June 81 [due Mon, June 15] (5 minutes) (5 minutes) [*estimated meeting: minutes] [due Mon, June 29] (5 minutes) [due Mon, July 6] (5 minutes) (5 minutes) [due Mon, July 13] (5 minutes) [due Mon, June 15] (5 minutes) (5 minutes) [*estimated meeting: minutes] Page 2 of 2