2015, 06-30 Study SessionAGENDA
SPOKANE VALLEY CITY COUNCIL
STUDY SESSION FORMAT
Tuesday, June 30, 2015 6:00 p.m.
CITY HALL COUNCIL CHAMBERS
11707 East Sprague Avenue, First Floor
(Please Silence Your Cell Phones During the Meeting)
DISCUSSION LEADER
SUBJECT/ACTIVITY GOAL
CALL TO ORDER
ROLL CALL
ACTION ITEMS:
1. John Hohman
Comprehensive Plan Overlays and Text Motion Consideration
Amendments [public comment]
NON -ACTION ITEMS:
2. Gloria Mantz Historic Preservation Discussion/Information
3. Erik Lamb Tourism Promotion Area (TPA) Discussion/Information
4. Cary Driskell Indigent Defense Standards Discussion/Information
5. Cary Driskell Telecommunications Franchise, Fatbeam Discussion/Information
6. Mayor Grafos Advance Agenda Discussion/Information
7. Information Only (will not be reported or discussed): Transportation Improvement (TIB) Call for Projects
8. Mayor Grafos Council Comments Discussion/Information
9. Mike Jackson City Manager Comments Discussion/Information
ADJOURN
Study Session Agenda June 30, 2015 Page 1 of 1
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: June 23, 2015 Department Director Approval: ❑
Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Motion Consideration: Comprehensive Plan Legislative Update —
Text/Overlay Citizen -Initiated Amendment Request Review
GOVERNING LEGISLATION: Growth Management Act (GMA) RCW 36.70A
PREVIOUS COUNCIL ACTION TAKEN: None
BACKGROUND: Per RCW 36.70A.130(1), every county and city in the state is required to
conduct an update of its comprehensive plan and development regulations every 8 years. The
City of Spokane Valley's update is due no later than June 30, 2017.
RCW 36.70A.140 of the Washington GMA requires that each city "establish and broadly
disseminate to the public a public participation program identifying procedures providing for
early and continuous public participation in the development and amendment" of the City's
Comprehensive Plan. The City approved a Public Participation Plan on January 6, 2015. The
CAR (Citizen Amendment Request) application process is a method for citizens, neighborhood
organizations, or other interested parties to propose changes to the Comprehensive Plan, land
use map, zoning map, or development regulations. CAR applications were received through
March 31, 2015.
Staff reviewed the applications and first compared them to the focus areas identified in the
comprehensive plan work program and then to the public input themes developed at the public
meetings. The information was presented to the Planning Commission at a Study Session on
April 23. Following the study session, the 26 applications were separated into two review
groups, beginning with the site-specific CARs. Council heard an Administrative Report on the
site-specific CARs at their June 2 meeting, and at the June 9 Council meeting approved a
motion to include CAR 2015-0001 through 0017, and 0019 to 0020 in the Comp Plan Update for
further analysis.
A public hearing was conducted June 8th before the Planning Commission on the text and
overlay CARs. Following the public hearing, the Planning Commission deliberated on the Text
and Overlay CARs and made the following recommendations:
To include for further analysis: To exclude from further analysis:
2015-0018 (six to zero to include) 2015-0022 (six to zero to exclude)
2015-0021 (five to one to include) 2015-0023 (six to zero to exclude)
2015-0024 (four to two to include) 2015-0025 (five to zero to exclude)
2015-0026 (five to one to exclude)
During Council's June 9, 2015 meeting, there was Council consensus to include 2015-0018,
0021, 0022, 0023, and 0024; and to exclude 0025 and 0026.
OPTIONS: Move to include all, some or none of the text and overlay requests in the analysis; or
defer to future updates.
RECOMMENDED ACTION OR MOTION: I move to include text and overlay requests in the
Comp Plan Analysis: CAR 2015-0018; and CAR 2015-0021 through 0024; and to exclude 2015-
0025 and 0026 from the Comp Plan Analysis.
BUDGET/FINANCIAL IMPACTS: None
STAFF CONTACT: John Hohman, Director; and Lori Barlow, Senior Planner
ATTACHMENTS: Previously provided under separate cover, 2015 Comprehensive Plan
Legislative Update Binder.
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: June 30, 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.
On April 21, 2015, staff presented provided an overview of the required standards, special tax
valuation agreement, and historic register listing implications.
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. A historic preservation program has the following benefits:
the ability to provide incentives to encourage the rehabilitation of historic buildings protect local
historic landmarks, develop a sense of place and community identity, and foster heritage
tourism. The drawbacks of the program include potential restriction on properties and penalties
for disqualified properties, additional staff workload, potential to impact other existing services
due to new workload and longer review times.
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. It is proposed that existing community development staff
will run the historic preservation program, tasks include development of ordinance and
commission bylaws, attending and running commission meetings, conducting project review,
developing and maintaining a program website, and maintaining the historic inventory. The
Department of Archaeology and Historic Preservation (DAHP) provides free training workshops
and on call support for CLGs.
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).
Page 1 of 2
• The NHR listing is managed by the National Park Service and DAHP. 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.
• The LHR listing is managed by the CLG. The CLG is in control of the historic
preservation ordinance. Changes to or demolition of LHR properties require approval
from the Historic Preservation Commission. There are no prescribed minimum
standards for 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.
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 or
the tax due becomes a lien on the property.
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
• Historic Preservation Special Valuation Agreement
Page2of2
uf
Historic Preservation
:--'77railT
C93—
June 30, 2015
Gloria Mantz, Development Engineer
1
Topics for Discussion
(93—
G.
Benefits and Drawbacks
oa Costs to Run the Program
G3 Historic Districts
oa Public Interest in the Program
Benefits
03—
cal Local jurisdiction in charge of the program. Typically few
historic register properties:
❖ Voluntary program
•'• History and education
•'• Encourage heritage tourism
Ga Protection of local historic landmarks
Benefits
oa Incentives for qualified rehabilitation of property
• Up to 20% income tax credit for income producing property
• Property tax reduction for 10 years - can be transferred to new
owner
oa Training and grant opportunities
ca Sustainable development
Benefits
GI Low and moderate income housing opportunities
Ga Historic property values tend to appreciate at greater rates and resist
market downturn better than regular properties
Ga Cultural and historic resources make communities unique & create sense
of place and community pride
Consistent with 2015 Community Vision Report
Desire to maintain/ create special places in the community
Focus on the importance of existing local commercial and industrial
areas
Leverage community assets
Drawbacks
Ga Restrictions on properties listed in the historic register
❖ Ordinance may be written to allow delisting if owner does not agree
with review comments
• Potential property owners are notified by title notices, covenant
restrictions or sale disclosure forms
Ga Potential penalties for disqualified properties
+ Rehabilitated properties unlikely to be demolished to preserve
investment
+ Payment is due within 30 days from treasurer notification or
becomes a lien on the property
Drawbacks
oa Longer review time for projects
oa Additional staff workload to establish and run the
program which would likely reduce capacity to work
on other tasks
cQ Potential costs for consultants to assist staff with
workload
Estimated Costs to Establish the
Program
Staff
Hours
Ordinance & Bylaws
Existing staff
100
$5,000
Program procedures Existing staff 25 $1,300
Training
DAHP & 40 $1,700
existing staff
Website
Existing staff 25 $1,000
Estimated Cost
$9,000
Staff hours include legal, administrative and planning staff
Estimated Costs to Run Program
Staff
Hours
Estimated
Cost
Commission Meetings (4)
Existing staff and
commission members
100
$5,000
Commission Technical support Existing staff
150 $7,000
Technical support (overload) Consultant (may not be
needed)
To be negotiated
Training
DAHP
35 $1,500
Website maintenance Existing staff 25 $1,000
Inventory Existing Staff 50 $2,000
On call support
DAHP No Cost
Total Estimated Cost
Staff hours include legal, administrative and planning staff
$16,500
City of Spokane Inter -local
03-
Established
program
Experienced staff
City workload limited to support
commission
High review fees
Review fees likely to discourage
program participation
Their existing program may not be
consistent with ours
Historic Districts
03T—
oa Historic district is a group of buildings, properties or
sites, within a specified boundary, designated as
historically or architecturally significant . They can
be contributing or non-contributing
oa Typically exterior architectural features visible from
right-of-way only subject to review
oa Ordinance language could require 100%owner
approval for listing
Public Interest Survey
C�
oa Up to 100 potential properties in Spokane Valley
Heritage Museum database
G. Mailing Fees $2.5/address $250
Ga Online Survey - $60
Ga Total cost $310
Next Steps
C3—
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
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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
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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
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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);
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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.
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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
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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
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: June 30, 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: Tourism Promotion Area
GOVERNING LEGISLATION: RCW 35.101; Interlocal Cooperation Act Agreement for
Establishment of Spokane County Tourism Promotion Area (originally executed March 9, 2004).
PREVIOUS COUNCIL ACTION TAKEN: Amendments to Interlocal Agreement in 2008 and
2009. Administrative Report on August 19, 2014.
BACKGROUND: Generally. In 2003, the Washington State Legislature enacted RCW
35.101, authorizing the creation of tourism promotion areas to assist in funding tourism
promotion at the local level. Under RCW 35.101, cities and counties are authorized to establish
a tourism promotion area within their respective jurisdictions and impose a special assessment
on lodging businesses with 40 or more units, to fund tourism promotion. Cities and counties
may create a multi -jurisdictional tourism promotion area by interlocal agreement.
The maximum charge allowed is $2.00 per night per unit. Charges may differ by classification
(i.e., number of rooms, room revenue, or location within the area) and there may be up to six
different classifications within a tourism promotion area. The revenue from a tourism promotion
area shall be used for "tourism promotion," which includes:
activities and expenditures designed to increase tourism and convention
business, including but not limited to advertising, publicizing, or otherwise
distributing information for the purpose of attracting and welcoming tourists, and
operating tourism destination marketing organizations.
Tourism promotion areas may only be created by petition of lodging business operators. The
petition shall describe the proposed area, the proposed uses and projects for the assessments,
the estimated rate for the charge, with breakdowns by classification, and shall be signed by the
lodging business operators in the proposed area who would pay 60% or more of the proposed
charges.
After a petition is submitted meeting statutory requirements, the approving legislative body
conducts a public hearing and creates the tourism promotion area by ordinance. The ordinance
shall specify the description of the boundaries of the area, the initial rate charges broken down
by classification, and the uses to which the charges shall be put.
After creation of the tourism promotion area and imposition of the charges, the Washington
Department of Revenue administers the funds and deposits the collected charges in a local
tourism promotion account. The local legislative authority imposing the charge has sole
discretion as to how the revenue may be used. The local legislative authority may create an
advisory board or commission to make recommendations on the uses of such funds. The local
legislative authority may contract with tourism destination marketing organizations to administer
the operation of the area.
The Spokane County Tourism Promotion Area. In March 2004, Spokane County, the City of
Spokane, and the City of Spokane Valley entered into the Interlocal Cooperation Act Agreement
for Establishment of the Spokane County Tourism Promotion Area. It was subsequently
amended on May 29, 2008, and August 27, 2009 (as amended, the "TPA Interlocal"). The TPA
Interlocal authorizes Spokane County to establish the Spokane County Tourism Promotion Area
(the "TPA") encompassing the unincorporated area of Spokane County and the incorporated
areas within the boundaries of Spokane and our City. Note that the Cities of Liberty Lake,
Millwood, and other local cities are not included within the TPA. The areas within this location
are divided into five different zones with special assessments of $2.00 per room, per day for all
zones except for Zone D, which has a $0.50 assessment and Zone E, which has no
assessment. The zones are as follows:
Zone A: Lodging businesses within the downtown core of the City of Spokane.
Zone B: The remaining lodging businesses within the City of Spokane and all lodging
businesses within the City of Spokane Valley.
Zone C: Lodging businesses within the unincorporated area of Spokane County.
Zone D: Lodging businesses with room revenue less than $500,000, regardless of
location.
Zone E: Lodging businesses other than hotels, motels, and bed and breakfast facilities.
Such businesses include trailer camps and RV parks, college dormitories, guest ranches
and summer camps.
As part of the establishment of the TPA, Spokane County created the Spokane Hotel and Motel
Commission (the "Hotel/Motel Commission") to advise the Board of County Commissioners on
the expenditure of the TPA revenues. The Hotel/Motel Commission consists of 11 members
who shall be operators of lodging businesses. Spokane County selects two members and one
non-voting ex officio member, Spokane selects four members and one non-voting ex officio
member, and the City of Spokane Valley selects two members and one non-voting ex officio
member. The TPA is also managed by contract by the Spokane Regional Convention & Visitors
Bureau ("Visit Spokane"). The manager administers the activities and programs and prepares
the annual budget for the TPA, which is approved by the Board of County Commissioners.
TPA Revenues. Under the TPA Interlocal, revenue from the special assessments is allocated
by the Board of County Commissioners of Spokane County based on recommendations made
by the Hotel/Motel Commission. Revenues from assessments collected within the TPA may be
used for
(1) funding activities designed to increase tourism promotion and convention business
within Spokane County;
(2) marketing of convention and business that benefit local tourism and the lodging
business within Spokane County;
(3) marketing of Spokane County to the travel industry to benefit local tourism and the
lodging businesses within the TPA; and
(4) marketing of Spokane County to recruit major sporting events in order to promote
local tourism and to benefit lodging businesses within the TPA.
Revenues received for the years 2010 through 2014 are detailed below:
SPOKANE COUNTY TOURISM PROMOTION AREA
Spokane
Zone A
Zone B
Zone D
Spokane County
Zone C
Zone D
Spokane Valley
Zone B
Zone D
Grand Total
Prior to 10/1/2009
Beginning 10/1/2009
ALL ZONES
2010 2011
2012 2013
1,095,426.00 1,114,700.00 1,163,554.00 1,206,076.00
335,732.00 362,142.00 599,980.00 603,984.00
6,308.00 2,750.50 1,437.00 654.50
1,437,466.00 1,479,592.50 1,764,971.00 1,810,714.50
364,246.00
1,116.50
365,362.50
493, 270.00
7,077.00
500, 347.00
361,754.00
0.00
361,754.00
473,168.00
1,166.50
474,334.50
130,376.00
0.00
130,376.00
509, 864.00
882.00
510,746.00
139,026.00
0.00
139,026.00
460,814.00
921.00
461,735.00
2014
1,190,072.00
615,474.00
898.50
1,806,444.50
157, 372.00
0.00
157, 372.00
455,878.00
1,158.50
457,036.50
2,303,175.50 2,315,681.00 2,406,093.00 2,411,475.50 $2,420,853.00
Fee Per Room Night of Stay
Zones A, B, C
$1.25
$2.00
Zone D
$0.50
$0.50
Zone B = Cities of Spokane Valley and Spokane that are not located in downtown
Spokane. Lodging revenues during the preceding calendar > $500,000.
Zone D = Anywhere in the Spokane County TPA with revenues < $500,000.
TPA Fund Uses. The TPA, through the management of Visit Spokane, uses TPA revenues for
a variety of purposes, with the majority of distributed revenues to Visit Spokane and the
remainder to the Spokane Sports Commission. Visit Spokane meets regularly to discuss
regional destination packages, on-going promotions, and social media content to promote
tourism. This promotion includes the City of Spokane Valley. Such promotion and services
have included assistance with the redesign of our City's mobile application and promotion on
Visit Spokane's website, advertisements for Valleyfest and Cycle Celebration, maps highlighting
the Sullivan Road retail corridor and Auto Row, and advertisement in the "Spokane Regional
Visitors Guide" and seasonal e -magazines, amongst others.
Modification to TPA. Originally, the TPA Interlocal provided for a termination date of 2008 with
the option of three-year extensions by resolution of each of the governing bodies. However, in
2008, the TPA Interlocal was amended so that it is perpetual. The TPA may be modified the
Spokane Board of County Commissioners after conducting a public hearing. If the request for
modification is made by the lodging businesses that pay 40% or more of the assessments levied
within the entire TPA and the Board of County Commissioners does not conduct the public
hearing and make a determination on the requested modification, the City may withdraw from
the TPA Interlocal with three months' notice.
Other TPAs. At least one local jurisdiction has formed its own TPA. Liberty Lake formed its
tourism promotion area in 2004. In 2011, Liberty Lake entered into an agreement with Visit
Spokane to manage the Liberty Lake tourism promotion area, much like is done through the
Spokane County TPA and TPA Interlocal. As part of the management, Visit Spokane prepares
the budget for Liberty Lake approval and then receives and expends the revenues from the
Liberty Lake tourism promotion area.
OPTIONS: Discussion
RECOMMENDED ACTION OR MOTION: Discussion
BUDGET/FINANCIAL IMPACTS: No direct financial impact to City revenues or expenditures.
STAFF CONTACT: Erik Lamb, Deputy City Attorney
ATTACHMENTS: N/A
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: June 30, 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: adopting indigent defense standards.
GOVERNING LEGISLATION: RCW 10.101.030
PREVIOUS COUNCIL ACTION TAKEN: None
BACKGROUND: Since our City's 2003 incorporation, we have contracted with Spokane County
for indigent defense (public defender services). RCW 10.101.030 requires the City to adopt
minimum standards for the delivery of indigent defense; and since our incorporation, we have
relied on the indigent defense standards adopted by Spokane County.
The City was recently advised by the Washington State Office of Public Defense that we need
to adopt our own standards to be in compliance with state law. Staff drafted proposed
standards based on applicable standards adopted by the Washington State Supreme Court,
RCW 10.101.030, Spokane County's adopted standards, and standards adopted by the
Washington State Defender's Association, a private trade group.
An example of a standard adopted by the state Supreme Court in the last several years relates
to maximum caseloads for indigent defense attorneys in an effort to try to ensure indigent
defendants receive appropriate legal representation. This has received considerable public
discussion because of the projected cost to cities and counties.
OPTIONS: (1) place on a future agenda for consideration of approving a resolution adopting the
indigent defense standards; or (2) seek additional information.
RECOMMENDED ACTION OR MOTION: Consensus to place on a future agenda, a resolution
for approval consideration, adopting the proposed Spokane Valley indigent defense standards.
BUDGET/FINANCIAL IMPACTS: These standards, on their own, are not anticipated to have a
financial impact because they are already being used by Spokane County to provide indigent
defense to City residents.
STAFF CONTACT: Cary Driskell, City Attorney; John Pietro, Administrative Analyst
ATTACHMENTS:
(1) Proposed resolution adopting indigent defense standards, with six page draft standards;
(2) PowerPoint presentation on adopting indigent defense standards
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
RESOLUTION NO. 15-
A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE
COUNTY, WASHINGTON, ADOPTING STANDARDS FOR THE DELIVERY
OF PUBLIC DEFENSE SERVICES PURSUANT TO RCW 10.101.030, AND
OTHER MATTERS RELATING THERETO.
WHEREAS, RCW 10.101.030 requires that the City adopt standards for the delivery of public
defense services to meet the needs of public defense service recipients for sufficient, accessible, high
quality defense services; and
WHEREAS, the Washington State Supreme Court and Washington State Bar Association have
adopted minimum standards to establish guidance for local jurisdictions in meeting the statutory
requirements; and
WHEREAS, the City currently contracts with Spokane County for the provision of indigent
defense through the Interlocal Agreement for Public Defender Services in the City of Spokane Valley,
executed March 24, 2006; and
WHEREAS, Spokane County has adopted indigent defense standards for individuals charged
with misdemeanor crimes which are substantially similar to the standards contained herein; and
WHEREAS, at such time that the City may choose to provide these services by City staff, the
City could consider amending these standards accordingly.
NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane
County, Washington, that pursuant to RCW 10.101.030, the City Council hereby adopts the Spokane
Valley Indigent Defense Delivery Standards, attached hereto and incorporation herein, which may be
amended from time -to -time by subsequent resolution as may be appropriate or necessary.
This Resolution shall be effective upon adoption.
Adopted this day of July, 2015.
City of Spokane Valley
Dean Grafos, Mayor
ATTEST:
Christine Bainbridge, City Clerk
Approved as to Form:
Office of the City Attorney
SPOKANE VALLEY INDIGENT DEFENSE DELIVERY STANDARDS
These Indigent Defense Delivery Standards are drafted based primarily upon the
requirements of RCW 10.101.030, and the Standards for Indigent Defense, adopted by the
Washington State Supreme Court on June 15, 2012. Lastly, the Washington Public Defender
Association has adopted standards to provide guidance in those areas not specifically
addressed by RCW 10.101.030 or the Washington Supreme Court's Standards for Indigent
Defense.
DEFINITIONS:
For the purposes of these Spokane Valley Indigent Defense Delivery Standards (Indigent
Defense Standards) the following terms, phrases, words, and their derivations shall mean as
follows:
"Case" means the filing of a document with the court naming a person as defendant or
respondent, to which an attorney is appointed in order to provide representation. In courts of
limited jurisdiction multiple citations from the same incident can be counted as one case.
"Board" means the Board of Commissioners of Spokane County.
"Public Defender's Office" means the office of the Spokane County Public Defender, which
is a department of Spokane County, organized pursuant to chapter 36.26 RCW, and which
provides indigent defense service to the City of Spokane Valley pursuant to an interlocal
agreement.
"Public Defense Attorneys" means attorneys employed in the Public Defender's Office or
attorneys employed in the separate department of Spokane County called Counsel for
Defense.
"Public Defense Contractors" means attorneys who are not full-time permanent employees of
the Public Defender's Office or Counsel for Defense and who have agreed to represent
indigent defendants which the Public Defender's Office and Counsel for Defense cannot
represent.
STANDARD ONE: COMPENSATION
Public Defense Contractors should be compensated commensurate with the complexity of the
case assigned and time required for the case. There may be provision for extraordinary
compensation for cases which require an unusual measure of time or expertise. The actual
salary levels shall be set by Spokane County.
STANDARD TWO: DUTIES AND RESPONSIBILITIES OF PUBLIC DEFENSE
ATTORNEYS AND PUBLIC DEFENSE CONTRACTORS
Public Defense Attorneys' and Public Defense Contractors' primary and most fundamental
responsibility is to promote and protect the best interests of the client.
Representation to all clients shall be provided in a professional, skilled manner consistent
with minimum standards set forth by applicable Washington State Bar Association standards,
Indigent Defense Delivery Standards Page 1 of 6
the Rules of Professional Conduct, case law, applicable court rules defining the duties of
counsel and the rights of defendants in criminal cases, and the American Bar Association.
STANDARD THREE: CASELOAD LIMITS AND TYPES OF CASES
Caseload limits and types of cases for Public Defense Attorneys and Public Defense
Contractors should allow each attorney to give each client the time and effort necessary to
ensure quality representation. No Public Defense Attorney or Public Defense Contractor
should accept workloads that, by reason of their excessive size, interfere with the rendering
of quality representation.
A Public Defense Contractor shall not allow his or her private law practice to interfere with
the representation of indigent defendants.
(A) Subject only to the considerations of this Standard Three, in a one-year period,
no full time Public Defense Attorney should be expected to handle more than 300
misdemeanor cases per attorney per year or, in jurisdictions that have not adopted a
numerical case weighting system as described in this Standard, 400 cases per year.
Neither the Public Defender's Office nor the Counsel for Defense Office has
adopted a numerical case weighting system for misdemeanor cases.
(B) A Public Defense Contractor attorney should not be assigned more than a pro -rata
share of public defense cases in a one-year period, in proportion to that attorney's
additional private practice cases. For example, a Public Defense Contractor attorney
with a public defense contract of 150 misdemeanor cases per year shall not have more
than a half-time private practice case load.
(C) Supplemental standards adopted by the Washington Public Defender Association
also address the number of cases attorneys providing public defense services can
effectively handle including, but not limited to, the following:
(1) The severity and complexity of the case;
(2) The prosecutor's resources and practices;
(3) The location of the jail and courts relative to the attorney's office;
(4) The availability of diversionary tracks such as drug court, therapeutic
mental health court, and community relicensing programs;
(5) The docketing practices of the local courts;
(6) The definition of a "case;" and
(7) The availability of support staff and limited practice personnel.
The Public Defender's Office and Counsel for Defense utilize these supplemental
standards in the operation of their respective offices.
If the total number of cases handled by Public Defense Attorneys and Public Defense
Contractor attorneys considered together for a given calendar year exceed 110 percent of the
caseloads specified in this Section, or are less than 90 percent of the caseloads specified in
this Section in a given calendar year, then the Board and the Spokane County Public
Defender shall confer and consider adopting various strategies to address the increase or
decrease in case load.
Indigent Defense Delivery Standards Page 2 of 6
As previously stated, neither the Public Defender's Office nor the Counsel for Defense utilize
a case weighting system for its misdemeanor cases, and thus, the City does not adopt
numerical case weighting.
However, the Public Defender's Office uses an hourly calendaring system for the
arraignment docket. At the arraignment docket, defendants may receive an early resolution
offer for diversion of the criminal charges, or a reduction to a non -criminal infraction. In the
event of an early resolution, the Public Defender's Office utilizes an hourly calendar system
whereby case counts depend on how many early resolutions each attorney can handle on an
hourly basis.
STANDARD FOUR: EXPERT EXPENSES
Public Defense Attorneys and Public Defense Contractors shall have reasonable resources for
expert witnesses necessary for preparation and presentation of the defense of the case. Funds
for expert witnesses shall be maintained separately from funds provided for expert services.
Public Defense Contractors' requests for expert witness fees under Court Rule 3.1(f) may be
made through an ex parte motion. The defense should be free to choose the expert of its
choosing and in no case should be forced to select experts from a list pre -approved by either
the court or the prosecution.
STANDARD FIVE: ADMINISTRATIVE COSTS
Funding for the Public Defender's Office and Counsel for Defense shall include funding for
administrative costs associated with providing legal representation such as travel, telephones
and adequate telephone service, law library including electronic legal research, case
management systems, computers and software, office space and supplies, training, meeting
the reporting requirements imposed by the Washington State Supreme Court standards, and
other costs necessarily incurred in the day-to-day management of the offices.
Public Defense Attorneys and Public Defense Contractor attorneys shall have access to an
office that accommodates confidential meetings with clients, as well as a postal address.
STANDARD SIX: INVESTIGATORS
Public Defense Attorneys and Public Defense Contractor attorneys shall use investigation
services as appropriate.
STANDARD SEVEN: SUPPORT SERVICES
Public Defense Attorneys and Public Defense Contractors shall be adequately staffed with
administrative assistants and paralegals, as well as have access to mental health professionals
and interpreters.
Public Defense Attorneys and Public Defense Contractors should seek to employ a minimum
of one administrative assistant for every four attorneys.
STANDARD EIGHT: REPORTS OF ATTORNEY ACTIVITY AND VOUCHERS
Indigent Defense Delivery Standards Page 3 of 6
Attorneys employed by Public Defense Attorneys and Public Defense Contractors shall
maintain a case -reporting and management information system which tracks the number and
type of cases, attorney hours, and disposition of cases.
This information shall be available to the Washington State Administrator of the Courts.
Provided, attorneys employed by Public Defense Attorneys and Public Defense Contractors
shall not be required to provide any information that compromises client confidentiality.
STANDARD NINE: TRAINING
As a condition of being licensed to practice law in the State of Washington, attorneys are
required to attend at least 15 hours of legal training each year. For Public Defense Attorneys,
at least seven training hours each year shall be in criminal defense.
Public Defense Contractor attorneys should maintain updated manuals for specific areas of
practice within their offices, and shall document an orientation for newly hired attorneys.
Public Defense Contractor attorneys should document at least five hours of required training
annually in the specific area of criminal defense being provided under the contract.
STANDARD TEN: SUPERVISION
The Public Defender's Office and Counsel for Defense should provide one full-time
supervising attorney for every 10 staff attorneys, and one half-time supervisor for every five
attorneys.
STANDARD ELEVEN: MONITORING AND EVALUATION OF ATTORNEYS
There should be a systematic procedure for monitoring and evaluating the performance of
Public Defense Attorneys and Public Defense Contractor attorneys.
Such evaluations should be performed by supervisors on a regular basis, be according to
published criteria, include review of time and caseload records, in -court observations, review
and inspection of transcripts where possible, review of case files, and should consider any
comments of judges, prosecutors, other defense attorneys, and clients.
Attorneys shall be evaluated on their skill and effectiveness as trial lawyers as well as their
organizational abilities.
STANDARD TWELVE: SUBSTITUTION OF ATTORNEYS OR ASSIGNMENT OF
CONTRACT
Public Defense Contractors shall not subcontract with another attorney or firm to provide
representation, and shall remain directly involved in the representation of assigned clients.
Public Defender Contractors shall provide the names and qualifications of the attorneys who
will be directly representing the clients to the Public Defender's Office, and ensure that such
attorneys meet the minimum requirements set forth in these standards.
Indigent Defense Delivery Standards Page 4 of 6
Any agreement between the Public Defender's Office and Public Defender Contractors shall
address the continued representation of assigned clients at the expiration of the Agreement.
STANDARD THIRTEEN: LIMITATION ON PRIVATE PRACTICE OF PUBLIC
DEFENSE CONTRACTOR ATTORNEYS
Public Defender Contractor attorneys shall be limited in the amount of privately -retained
work which they may accept, in proportion to the percentage of a full-time Public Defense
Attorney caseload for which they contract, pursuant to Standard Three above.
STANDARD FOURTEEN: QUALIFICATION OF ATTORNEYS
(A) In order to ensure that indigent defendants receive the effective assistance
of counsel to which they are constitutionally entitled, attorneys providing defense
services shall meet at least the following minimum professional qualifications:
(1) Satisfy the minimum requirements for practicing law in Washington as
determined by the Washington Supreme Court;
(2) Be familiar with the statutes, court rules, constitutional provisions, and
case law relevant to their practice areas;
(3) Be familiar with the collateral consequences of a conviction, including
possible immigration consequences and the possibility of civil commitment
proceedings based on a criminal conviction;
(4) Be familiar with mental health issues and be able to identify the need to
obtain expert services; and
(5) Complete seven hours of continuing legal education within each calendar
year in courses relating to their public defense practice.
(B) Contempt of Court Cases. Each attorney representing a respondent charged with
contempt of court shall meet at least the following requirements:
(1) Minimum requirements set forth in subsection (A) above; and
(2) Each staff attorney shall be accompanied at his or her first three contempt
of court hearings by a supervisor or more experienced attorney, or participate
in at least one consultation per case with an attorney qualified in this area of
practice.
(C) Specialty Courts. Each attorney representing a client in a specialty court (e.g.,
mental health court, drug diversion court, homelessness court) shall meet at least the
following requirements:
(1) Minimum requirements set forth in subsection (A) above;
(2) The requirements set forth above for representation in the type of practice
involved in the specialty court (e.g., felony, misdemeanor, juvenile); and
(3) Be familiar with mental health and substance abuse issues and treatment
alternatives.
(D) RALJ (Rules for Appeal of Decisions of Courts of Limited Jurisdiction)
Misdemeanor Appeals to Superior Court. Each attorney who is counsel alone for a
Indigent Defense Delivery Standards Page 5 of 6
case on appeal to the Superior Court from Court of Limited Jurisdiction shall meet at
least the following requirements:
(1) Meet the minimum requirements as outlined in subsection (A) above; and
(2) Have had significant training or experience in criminal appeals, criminal
motions practice, extensive trial level briefing, clerking for an appellate judge,
or assisting a more -experienced attorney in preparing and arguing an RALJ
appeal.
STANDARD FIFTEEN: DISPOSITION OF CLIENT COMPLAINTS
The Public Defender's Office and Counsel for Defense shall promptly respond to clients who
make complaints and should keep a written record of the complaints and the response.
Complaints should be first directed to the attorney handling the case, then to a supervisor. If
the complaint cannot be resolved by the office to which it is issued, the complainant shall be
informed of other avenues including the courts or the bar association.
Agreements with Public Defender Contractors who accept conflict cases shall include a
procedure to respond to client complaints which meets this standard.
STANDARD SIXTEEN: CAUSE FOR TERMINATION OR REMOVAL OF
ATTORNEY
Contracts with Public Defender Contractors should only be terminated prior to their
expiration for cause, which could include failure of an attorney to render adequate
representation to the client, willful disregard of the rights and best interests of the client, or
willful disregard of the standards set forth herein.
Representation in an individual case establishes an inviolable attorney-client relationship.
Removing an attorney from a case should ordinarily not occur over the objection of the
client.
STANDARD SEVENTEEN: NON-DISCRIMINATION
The Public Defender's Office, Counsel for Defense, and Public Defense Contractors shall not
discriminate in violation of applicable state or federal regulations in their hiring practices to
provide public defense representation, in the attorneys selected to represent clients, or in their
representation of clients.
STANDARD EIGHTEEN: GUIDELINES FOR AWARDING DEFENSE
CONTRACTS
Contracts for public defense services may only be entered into with firms which meet
accepted professional standards, and include awarding only to attorneys who have at least
one year's experience in the jurisdiction covered by the contract, or to firms where at least
one attorney performing the services under the contract has at least one year's experience in
the jurisdiction covered by the contract.
Indigent Defense Delivery Standards Page 6 of 6
Adoption of indigent
defense standards
Cary Driskell, City Attorney
RCW 10.101.030
Washington state law requires that each jurisdiction adopt
minimum standards under which defense for indigent
individuals charged with criminal offenses will be
provided.
Relates to felonies and misdemeanors.
These proposed indigent defense standards only relate to
misdemeanors occurring in the City of Spokane Valley since
responsibility for felonies rests with Spokane County.
City of Spokane Valley - Office of the City Attorney
Contract for criminal defense services
The City has had an interlocal agreement with Spokane
County to provide public defender services (indigent
defense) for misdemeanor charges since incorporation in
2003.
City staff believed it could rely on the indigent defense
standards adopted by Spokane County since they were
actually providing the services.
City was recently informed it would need to adopt its own
standards.
City of Spokane Valley - Office of the City Attorney
City indigent defense standards
Staff reviewed various sources in compiling these proposed
standards:
RCW 10.101.03o;
Washington Supreme Court has adopted several minimum
standards, including maximum caseloads, attorney training,
staff assistance, investigative assistance, etc.;
Spokane County's adopted standards; and
The Washington Public Defender Association.
City of Spokane Valley - Office of the City Attorney
Types of standards
Representation shall be provided in a professional, skilled
manner to all clients.
No full time Public Defense Attorney should be expected to
handle more than 400 misdemeanor cases per attorney per year.
The Public Defender's Office uses an hourly calendaring system for
the arraignment docket. At the arraignment docket, defendants
may receive an early resolution offeror diversion of the criminal
charges, or a reduction to a non -criminal infraction. In the event of
an early resolution, the Public Defender's Office utilizes an hourly
calendar system whereby case counts depend on how many early
resolutions each attorney can handle on an hourly basis.
City of Spokane Valley - Office of the City Attorney
Types of standards — cont.
Public Defense Attorneys shall have reasonable resources for expert
witnesses necessary for preparation and presentation of the case.
Funding shall adequately provide for administrative costs associated
with providing legal representation such as travel, telephones and
adequate telephone service, law library including electronic legal
research, case management systems, computers and software, office
space and supplies, training, meeting the reporting requirements
imposed byte Washington State Supreme Court standards, and other
costs necessarily incurred in the day-to-day management of the offices.
City of Spokane Valley - Office of the City Attorney
Types of standards —cont.
Public Defense Attorneys shall use investigation services as
appropriate to prepare and defend cases.
Public Defense Attorneys shall be adequately staffed with
administrative assistants and paralegals, as well as have
access to mental health professionals and interpreters.
Goal is one administrative assistant for four attorneys, not
mandatory.
City of Spokane Valley - Office of the City Attorney
Types of standards — cont.
Public Defense Attorneys shall maintain a case -reporting and
management information system which tracks the number and
type of cases, attorney hours, and disposition of cases.
All attorneys in Washington are required to attend at least 15
hours of legal training each year. For Public Defense Attorneys,
at least seven training hours each year shall be in criminal
defense.
Public Defense Attorneys should have one full-time supervising
attorney for every 10 staff attorneys, and one half-time supervisor
for every five attorneys.
City of Spokane Valley - Office of the City Attorney
Standards can be modified later
The City will have the option of modifying these
standards at any time to reflect current circumstances,
such as if the City were to consider contracting with
another service provider, or if it wanted to bring this
service in-house.
The City would still have to ensure the standards
comply at least with applicable state minimum
requirements.
City of Spokane Valley - Office of the City Attorney
Questions?
Any questions?
City of Spokane Valley - Office of the City Attorney
10
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: June 30, 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: Proposed Ordinance granting telecommunications franchise to
Fatbeam.
GOVERNING LEGISLATION: RCW 35A.47.040.
PREVIOUS COUNCIL ACTION TAKEN: None.
BACKGROUND: This proposed franchise agreement with Fatbeam would grant a non-
exclusive franchise to construct, maintain, and operate telecommunication facilities within the
public rights-of-way of the City. Fatbeam does not currently have a telecommunications
franchise in the City. The company is located in Coeur d'Alene. It is in the process of
purchasing the fiber optic facilities currently owned by EMAN, which obtained a ten-year
franchise from the City in 2003, which in 2013. EMAN primarily provides telecommunications
fiber to educational facilities, which Fatbeam would continue to do.
This agreement would grant a franchise for a period of 10 years, beginning on the effective date
of this Ordinance, to install, construct, operate, maintain, replace and use all necessary
equipment and facilities to place telecommunications facilities in, under, on, across, over,
through, along or below the public rights-of-way and public places located in the City, as
approved under City permits issued pursuant to this franchise.
Similar to other franchises with private utility companies, the City would collect no fee from this
agreement. The cost of any new construction or maintenance of Fatbeam's facilities shall be
solely Fatbeam's expense. The City would require Fatbeam to maintain insurance through the
entire period of this agreement.
The City will publish, at Fatbeam's cost, a copy of a summary of the franchise in the newspaper
following adoption prior to it becoming effective. Staff recommends approval of the proposed
franchise.
OPTIONS: (1) place on future agenda for first reading; (2) other action as appropriate.
RECOMMENDED ACTION OR MOTION: Consensus to place on future agenda for first
ordinance reading.
BUDGET/FINANCIAL IMPACTS: NA
STAFF CONTACT: Cary Driskell, City Attorney
ATTACHMENTS: Proposed draft Ordinance granting telecommunications franchise to
Fatbeam.
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 15 -
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO FATBEAM TO
CONSTRUCT, MAINTAIN AND OPERATE TELECOMMUNICATIONS FACILITIES 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:
"City Manager" means the City Manager or designee.
"construction" or "construct" shall mean constructing, digging, excavating, laying,
testing, operating, extending, upgrading, renewing, removing, replacing, and repairing a
facility.
"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.
"franchise area" shall mean the entire geographic area within the City as it is now
constituted or may in the future be constituted.
Ordinance 15-
Fatbeam Telecommunications Franchise Page 1 of 14
DRAFT
"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.
"overbuilding" shall mean adding additional fiber capacity to an existing conduit housing
fiber optic cable.
"overlashing" shall mean the act of lashing new fiber optic cable to an existing aerial
fiber optic cable.
"permittee" shall mean a person or entity who has been granted a permit by the
permitting authority.
"permitting authority" shall mean the City Manager or designee authorized to process and
grant permits required to perform work in the rights-of-way.
"product" shall refer to the item, thing or use provided by the Grantee.
"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.
"relocation" shall mean any required move or relocation of an existing installation or
equipment owned by Grantee whereby such move or relocation is necessitated by
installation, improvement, renovation or repair of another entity's facilities in the rights-
of-way, including Grantor's facilities.
"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,
Grantee easement, and/or public way now or hereafter held or administered by the City.
"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.
"telecommunications facilities" shall mean any of the plant, equipment, fixtures,
appurtenances, antennas, and other facilities necessary to furnish and deliver
telecommunications services, including but not limited to poles with crossarms, poles
without crossarms, wires, lines, conduits, cables, communication and signal lines and
equipment, braces, guys, anchors, vaults, and all attachments, appurtenances, and
appliances necessary or incidental to the distribution and use of telecommunications
services. The abandonment by Grantee of any telecommunications facilities as defined
herein shall not act to remove the same from this definition.
Section 2. Grant of Franchise. The City of Spokane Valley, a Washington municipal corporation
(hereinafter the "City"), hereby grants unto Fatbeam (hereinafter "Grantee"), a franchise for a period of 10
years, beginning on the effective date of this Ordinance, to install, construct, operate, maintain, replace
Ordinance 15-
Fatbeam Telecommunications Franchise Page 2 of 14
DRAFT
and use all necessary equipment and facilities to place telecommunications facilities in, under, on, across,
over, through, along or below the public rights-of-way and public places located in the City of Spokane
Valley, as approved under City permits issued pursuant to this franchise (hereinafter the "franchise").
This franchise does not permit Grantee to use such facilities to provide cable services as defined by 47
C.F.R. § 76.5(ff).
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. City Use. The following provisions shall apply regarding City use.
A) Grantee agrees to reserve to City the right to access four dark fiber strands (two pair) along
the route identified in Exhibit A as adopted or amended, within the boundaries of the City, for
sole and exclusive municipal, non-commercial use or designation (the "City Reserved Fibers").
Grantee can currently only reserve one pair of dark fiber for City use due to capacity limitations
in its legacy system. Grantee anticipates installing additional capacity through overlashing in the
future, and shall affirmatively notify City when a second pair of dark fiber is available for
potential use as City Reserved Fiber in any portion of the franchise area where any such
overlashing has occurred. City agrees that it shall not use the City Reserved Fibers as a public
utility provider of telecommunications business service to the public.
B) City has the right to access by connection to the City Reserved Fibers at existing Grantee
splice points or reasonably established access points within the City limits; provided that all
splicing shall be the sole responsibility of Grantee. City shall provide at least 30 days' written
notice of intent to access the City Reserved Fibers. Upon any access or use of the City Reserved
Fibers, City shall pay Grantee a recurring monthly charge of $20.00 per fiber pair per mile in use
by City (the "City Fiber Rate") unless otherwise specifically agreed by both the parties in writing
and shall negotiate and enter into a "Fiber License Agreement" which shall govern the terms and
conditions for use of the City Reserved Fibers, except cost, which is set forth herein. Said
recurring monthly charge shall not be imposed until such time as the fiber is put into use by City.
C) In the event the City Reserved Fibers are the last fibers remaining in Grantee's fiber bundle,
then the following shall apply:
1) If City is using the fibers, then the rate City shall pay Grantee will change from the
City Fiber Rate to Grantee's standard commercial rate.
2) If City is not using the fibers, City shall have the option of abandoning the City
Reserved Fibers in lieu of paying Grantee's standard commercial rate.
If Grantee installs additional fiber capacity, City's right to use four dark fiber stands as set forth in
subsections 1 and 2, immediately above, shall again be in effect.
D) All access, interconnection and maintenance to and on the City Reserved Fibers shall be
performed by Grantee. City shall pay all costs associated with such work to the City Reserved
Fibers. The City Reserved Fibers shall have a term that matches the duration of this franchise
Ordinance.
E) Consistent with and subject to RCW 35.99.070, at such time when Grantee is constructing,
relocating, or placing ducts or conduits in public rights-of-way, the Public Works Director may
Ordinance 15-
Fatbeam Telecommunications Franchise Page 3 of 14
DRAFT
require Grantee to provide City with additional duct or conduit and related structures, at
incremental cost, necessary to access the conduit at mutually convenient locations. Any ducts or
conduits provided by Grantee under this section shall only be used for City municipal, non-
commercial purposes.
1) City shall not require that the additional duct or conduit space be connected to the
access structures and vaults of Grantee.
2) This section shall not affect the provision of an institutional network by a cable
television provider under federal law.
3) Grantee shall notify the Public Works Director at least 14 days' prior to opening a
trench at any location to allow City to exercise its options as provided herein.
Section 5. Recovery of Costs. Grantee shall reimburse 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 6. Non -Exclusivity. This franchise is granted upon the express condition that it shall not in any
manner prevent City from granting other or further franchises or permits in any rights-of-way. This and
other franchises shall, in no way, prevent or prohibit City from using any of its rights-of-way or affect its
jurisdiction over them or any part of them.
Section 7. Non -Interference with Existing Facilities. 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. City hereby retains full power to make all changes, relocations, repairs,
maintenance, establishments, improvements, dedications or vacation of same as 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 Grantee, unless RCW 35.99.060 provides
otherwise. Should Grantee fail to remove, adjust or relocate its telecommunications facilities by the date
established by the Public Works Director's written notice to Grantee and in accordance with RCW
35.99.060, City may cause and/or effect such removal, adjustment or relocation, and the expense thereof
shall be paid by Grantee.
The owners of all utilities, public or private, installed in or on such public properties prior to the
installation of the telecommunications facilities of Grantee, shall have preference as to the positioning and
location of such utilities so installed with respect to Grantee. Such preference shall continue in the event
of the necessity of relocating or changing the grade of any such public properties.
Grantee's telecommunications facilities shall be constructed and maintained in such manner as not to
interfere with any public use, or with any other pipes, wires, conduits or other facilities that may have
been laid in the rights-of-way by or under City's authority. If the work done under this franchise damages
or interferes in any way with the public use or other facilities, Grantee, at its own expense and to the
satisfaction of the Public Works Director, wholly make such provisions necessary to eliminate the
interference or damage .
Section 8. 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
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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 City's public trustee role in
administering the primary use and purpose of public properties, and not for relieving Grantee of any duty,
obligation, or responsibility for the competent design, construction, maintenance, and operation of its
telecommunications facilities. Grantee is responsible for the supervision, condition, and quality of the
work done, whether it is by itself or by contractors, assigns or agencies.
If Grantee shall at any time be required, or plan, to excavate trenches in any area covered by this
franchise, Grantee shall afford 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 telecommunications facilities or safety thereof.
Joint users will be required to contribute to the costs of excavation and filling on a pro -rata basis.
Section 9. Protection of Monuments. Grantee shall comply with applicable state laws relating to
protection of monuments.
Section 10. Tree Trimming. Grantee shall have the authority to conduct pruning and trimming for access to
Grantee's telecommunications facilities in the rights-of-way subject to compliance with the City Code. All
such trimming shall be done at Grantee's sole cost and expense.
Section 11. Emergency Response. Grantee shall, within 30 days' of the execution of this franchise,
designate one or more responsible people and an emergency 24-hour on-call personnel, and the
procedures to be followed when responding to an emergency. After being notified of an emergency,
Grantee shall cooperate with City to immediately respond with action to aid in the protection of the
health and safety of the public.
In the event 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, City may take such actions as it believes are necessary to protect persons
or property, and Grantee shall be responsible to reimburse City for its costs and any expenses.
Section 12. 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 13. Safety. All of Grantee's telecommunications 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 telecommunications
facilities.
Section 14. Movement of Grantee's Telecommunications Facilities for Others. Whenever any third party
shall have obtained permission from 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 City, shall move, at the
expense of the third party desiring to move the building or structure, any of Grantee's telecommunications
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 telecommunications facilities, as determined by
City. Upon good cause shown by Grantee, City may require more than 14 days' notice to Grantee to
move its telecommunications facilities.
Section 15. Acquiring New Telecommunications Facilities. Upon Grantee's acquisition of any new
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telecommunications facilities in the rights-of-way, or upon any addition or annexation to the City of any
area in which Grantee retains any such telecommunications facilities in the rights-of-way, Grantee shall
submit to City a written statement describing all telecommunications 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 16. Dangerous Conditions - Authority of City to Abate. Whenever excavation, installation,
construction, repair, maintenance, or relocation of telecommunications 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, street or other public place, or endangers the public, adjoining public or
private property or street utilities, City may direct Grantee, at Grantee's sole expense, to take all
necessary actions to protect the public and property. 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 City, or fails to fully
comply with such directions, or if emergency conditions exist which require immediate action, City may
enter upon the property and take such actions as are necessary to protect the public, adjacent public or
private property, or street utilities, or to maintain the lateral support thereof, and all other actions deemed
by City to be necessary to preserve the public safety and welfare; and Grantee shall be liable to City for
all costs and expenses thereof to the extent caused by Grantee.
Section 17. Hazardous Substances. Grantee shall comply with all applicable federal, state and local
laws, statutes, regulations and orders concerning hazardous substances relating to Grantee's
telecommunications facilities in the rights—of-way. Grantee agrees to indemnify City against any claims,
costs, and expenses, of any kind, whether direct or indirect, incurred by City arising out of the release or
threat of release of hazardous substances caused by Grantee's ownership or operation of its
telecommunications facilities within the City's rights-of-way.
Section 18. 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 City harmless from any and all damages arising, or which may arise, or be
caused by, or result from the failure of Grantee fully to 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 City against all losses, costs, and expenses (including legal
expenses) which 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 19. Relocation of Telecommunications Facilities. Grantee agrees and covenants, at its sole cost
and expense, to protect, support, temporarily disconnect, relocate or remove from any street any of its
telecommunications facilities when so required by City in accordance with the provisions of RCW
35.99.060, 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 City, any section of its telecommunications
facilities required to be temporarily disconnected or removed.
If City determines that the project necessitates the relocation of Grantee's then- existing
telecommunications facilities, City shall:
A) At least 60 days' prior to the commencement of such improvement project, provide Grantee
with written notice requiring such relocation; and
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B) Provide Grantee with copies of pertinent portions of the plans and specifications for such
improvement project and a proposed location for Grantee's telecommunications facilities so that
Grantee may relocate its telecommunications facilities in other City rights-of-way in order to
accommodate such improvement project.
C) After receipt of such notice and such plans and specifications, Grantee shall complete
relocation of its telecommunications facilities at no charge or expense to City so as to
accommodate the improvement project in accordance with RCW 35.99.060 (2).
Grantee may, after receipt of written notice requesting a relocation of its telecommunications facilities,
submit to City written alternatives to such relocation. 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 telecommunications facilities. If so requested by City, Grantee
shall submit additional information to assist City in making such evaluation. City shall give each
alternative proposed by Grantee full and fair consideration. In the event City ultimately determines that
there is no other reasonable alternative, Grantee shall relocate its telecommunications facilities as
otherwise provided in this section.
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
telecommunications facilities by any person or entity other than City, where the telecommunications
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 City or a contractor for City is delayed at any time in the progress of the work by an act or neglect of
Grantee or those acting for or on behalf of Grantee, then Grantee shall indemnify, defend and hold City,
its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees to the extent arising out of or in connection with such delays, except
for delays and damages caused by City. This provision may not be waived by the parties except in
writing.
Section 20. Abandonment of Grantee's Telecommunications Facilities. No facility constructed or owned
by Grantee may be abandoned without the express written consent of City, which consent shall not be
unreasonably withheld. 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; (b) the abandoned facility poses a hazard to the health, safety, or welfare of the public; (c) the
abandoned facility is 24 inches or less below the surface of the rights-of-way and City is reconstructing
or resurfacing a street over the rights-of-way; or (d) the abandoned facility has collapsed, broke, or
otherwise failed.
Grantee may, upon written approval by City, delay removal of the abandoned facility until such time as
City commences a construction project in the rights-of-way unless (b) or (d) above applies. When (b) or
(d) applies, Grantee shall remove the abandoned facility from the rights-of-way as soon as weather
conditions allow, unless 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 Grantee. If Grantee fails to
remove the abandoned facilities in accordance with the above, then City may incur costs to remove the
abandoned facilities and restore the rights-of-way, and is entitled to reimbursement from Grantee for such
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costs, including reasonable attorney's fees and costs.
Section 21. Maps and Records Required. Grantee shall provide City, at no cost to City:
A) A route map that depicts the general location of Grantee's telecommunications facilities placed in
the rights-of-way. The route map shall identify telecommunications facilities as aerial or
underground and is not required to depict cable types, number of fibers or cables, electronic
equipment, and service lines to individual subscribers. Grantee shall also provide an electronic map
of the aerial/underground telecommunications facilities in relation to the right-of-way centerline
reference to allow City to add this information to City's Geographic Information System ("GIS")
program. The information in this subsection shall be delivered to City by December 1, annually.
B) In connection with the construction of any City project, Grantee shall provide to City, upon
City's reasonable request, copies of available drawings in use by Grantee showing the location of
such telecommunications facilities. Grantee shall field locate its telecommunications facilities in
order to facilitate design and planning of City improvement projects.
C) Upon written request of City, Grantee shall provide City with the most recent update available
of any plan of potential improvements to its telecommunications 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. The information in this subsection shall be delivered to
City by December 1, annually.
D) In addition to the requirements of subsection 1 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 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 telecommunications
facilities that are the subject of this franchise. Grantee is prohibited from selling any GIS
information obtained from City to any third parties.
E) Public Disclosure Act. Grantee acknowledges that information submitted to City may be
subject to inspection and copying under the Washington Public Disclosure Act codified in chapter
42.56 RCW. Grantee shall mark as "PROPRIETARY/CONFIDENTIAL" each page or portion
thereof of any documentation/information which it submits to City and which it believes is
exempt from public inspection or copying. City agrees to timely provide Grantee with a copy of
any public disclosure request to inspect or copy documentation/information which Grantee has
provided to City and marked as "PROPRIETARY/CONFIDENTIAL" prior to allowing any
inspection and/or copying as well as provide Grantee with a time frame, consistent with RCW
42.56.520, to provide City with its written basis for non -disclosure of the requested
documentation/information. In the event City disagrees with Grantee's basis for non -disclosure,
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.
Section 22. Limitation on Future Work. In the event that City constructs a new street or reconstructs an
existing street, Grantee shall not be permitted to excavate such street except as set forth in City's then -
adopted regulations relating to street cuts and excavations.
Section 23. Reservation of Rights by City. City reserves the right to refuse any request for a permit to
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extend telecommunications facilities. Any such refusal shall be supported by a written statement from the
Public Works Director that extending the telecommunications facilities, as proposed, would interfere with
the public health, safety or welfare.
Section 24. Remedies to Enforce Compliance. In addition to any other remedy provided herein, 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 City shall not prevent City from
thereafter declaring a forfeiture or revocation for breach of the conditions herein.
Section 25. City Ordinances and Regulations. Nothing herein shall be deemed to direct or restrict 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. City shall have the authority at all times to
control by appropriate regulations the location, elevation, and manner of construction and maintenance of
any telecommunications facilities by Grantee, and Grantee shall promptly conform with all such
regulations, unless compliance would cause Grantee to violate other requirements of law.
In the event of a conflict between the City Municipal Code and this franchise, City Code shall control.
Section 26. Vacation. 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. Any relocation of
telecommunications facilities resulting from a street vacation shall require a minimum of 180 days' notice
as provided in section 37. In the event of a street vacation, City shall include in the vacation ordinance a
reserved easement for the continued location of Grantee's facilities.
Section 27. 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 City. This
includes but is not limited to injury:
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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 Grantee's exercise of the rights granted herein;
3) By virtue of City permitting Grantee's use of City's rights -of -ways or other public
property;
4) Based upon City's inspection or lack of inspection of work performed by Grantee, its
agents and servants, officers or employees in connection with work authorized on the
facility or property over which City has control, pursuant to a franchise or pursuant to any
other permit or approval issued in connection with a franchise;
5) 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 warnings of any excavation, construction or work upon the facility, in any right-
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of -way, or other public place in performance of work or services permitted under a
franchise; or
6) Based upon radio frequency emissions or radiation emitted from Grantee's equipment
located upon the facility, regardless of whether Grantee's equipment complies with
applicable federal statutes and/or FCC regulations related thereto.
B) Grantee's indemnification obligations pursuant to subsection 1 of this section shall include
assuming liability for actions brought by Grantee's own 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 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 City would not
enter into a franchise without Grantee's waiver. To the extent required to provide this
indemnification only, Grantee waives its immunity under RCW Title 51.
C) Inspection or acceptance by 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 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. City has the right to defend or participate in the defense of any such
claim, and has the right to approve any settlement or other compromise of any such claim.
D) 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 City's costs for
defense of the action, including all reasonable expert witness fees, reasonable attorney fees, the
reasonable costs of City of recovering under this subsection.
E) 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 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.
F) Notwithstanding any other provisions of this section, Grantee assumes the risk of damage to its
telecommunication facilities located in the rights-of-way and upon City -owned property from
activities conducted by City, its officers, agents, employees and contractors, except to the extent
any such damage or destruction is caused by or arises from any willful or malicious action or
gross negligence on the part of City, its officers, agents, employees or contractors. Grantee
releases and waives any and all such claims against City, its officers, agents, employees or
contractors. Grantee further agrees to indemnify, hold harmless and defend 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
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City, its officers, agents, employees or contractors, except to the extent any such damage or
destruction is caused by or arises from the sole negligence or any willful or malicious actions on
the part of City, its officers, agents, employees or contractors.
G) The provisions of this section shall survive the expiration, revocation or termination of this
franchise.
Section 28. Insurance. Grantee shall procure and maintain for the duration of the franchise, 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 Grantee to the coverage provided by such insurance, or otherwise limit 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. City shall be named as an insured under 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 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) Grantee's insurance coverage shall be primary insurance with respect to City as outlined in the
Indemnification section of this franchise. Any insurance, self-insurance, or insurance pool
coverage maintained by City shall be in excess of Grantee's insurance and shall not contribute
with it.
B) 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 City.
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
Grantee shall furnish City with original certificates and a copy of any amendatory endorsements,
including the additional insured endorsement, evidencing the insurance requirements of Grantee prior to
the adoption of this Ordinance.
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Any failure to comply with the reporting provisions of the policies required herein shall not affect
coverage provided to City, its officers, officials, employees or volunteers.
Section 29. 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 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 City, not to exceed $25,000, 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 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, City
is entitled to require such larger bond as may be appropriate under the circumstances.
Section 30. Modification. 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 31. 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 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 City, forfeit all rights conferred hereunder and this franchise may be revoked or annulled by
City after a hearing held upon reasonable notice to Grantee. 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 City by reason of Grantee's failure to comply.
Section 32. Assignment. This franchise may not be assigned or transferred without the written approval
of City, except that Grantee can assign this franchise without approval of, but upon notice to 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 33. Acceptance. Not later than 60 days after passage of this Ordinance, Grantee shall accept the
franchise herein by filing with the City Clerk an unconditional written acceptance thereof. 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 34. Survival. All of the provisions, conditions and requirements of sections: 5, 6, 7, 13, 16, 17,
18, 19, 20, 27, 28, 29, 37, 38 and 39 of this franchise shall be in addition to any and all other obligations
and liabilities Grantee may have to 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 35. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be
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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 the franchise are held to be invalid by a court of
competent jurisdiction, 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 36. 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 City, the terms and conditions hereof shall continue in effect until this
franchise is either renewed or terminated by City.
Section 37. 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:
Grantee:
City of Spokane Valley
Attn: City Clerk
11707 East Sprague Avenue, Suite 106
Spokane Valley, WA 99206
Fatbeam
Attn: Kim Devlin
2065 West Riverstone Drive, Suite 105
Coeur d'Alene, ID 83814
Phone: (509) 344-1008
Facsimile: (509) 344-1009
Section 38. Choice of Law. Any litigation between 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 39. Non -Waiver. 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 City to
enforce prompt compliance, nor does City waive or limit any of its rights under this franchise by reason
of such failure or neglect.
Section 40. 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, 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 41. 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.
Ordinance 15-
Fatbeam Telecommunications Franchise Page 13 of 14
DRAFT
PASSED by the City Council this day of , 2015.
Dean Grafos, Mayor
ATTEST:
Christine Bainbridge, City Clerk
Approved as to Form:
Office of the City Attorney
Date of Publication:
Effective Date:
Accepted by Fatbeam:
By:
Name and official capacity
The Grantee, Fatbeam, 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.
Ordinance 15 -
Notary Public in and for the State of
residing in
My commission expires
Fatbeam Telecommunications Franchise Page 14 of 14
Exhibit "A"
EMAN - Spokane Valley, WA
Google.earth
To:
From:
Re:
DRAFT
ADVANCE AGENDA
For Planning Discussion Purposes Only
as of June 25, 2015; 8:30 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
July 7, 2015, Study Session Format, 6:00 p.m.
1. Governance Manual Update — Chris Bainbridge
2. Transportation Improvement Board (TIB) Call for Projects — Steve Worley
3. Public Works Project Updates and Progress Report — Eric Guth
4. Parks & Recreation Project Updates and Progress Report — Mike Stone
5. Community & Economic Development Project Updates and Progress Report — John
6. Advance Agenda
7. Info Only: Mullan Road Street Preservation [*estimated
July 14, 2015, Formal Meeting Format, 6:00 p.m.
1. Consent Agenda (claims, payroll, minutes)
2. First Reading Proposed Ordinance Fatbeam Franchise — Cary Driskell
3. Proposed Resolution Adopting Indigent Defense Standards — Cary Driskell
4. Motion Consideration: TIB Call for Projects — Steve Worley
5. Motion Consideration: Mullan Road Street Preservation Bid Award — Steve Worley
6. Admin Report: Lodging Tax Update — Mark Calhoun
7. Uncovered Loads — Cary Driskell/Eik Lamb
8. Admin Report: Advance Agenda
9. Info: Regional Wayfinding Concept Plan [*estimated
July 21, 2015, Study Session Format, 6:00 p.m.
1. Admission Tax — Erik Lamb
2. Comp Plan Overview/Progress Report — John Hohman
3. Advance Agenda
[*estimated
July 28, 2015, Formal Meeting Format, 6:00 p.m.
Presentation: Special Recognition of Eagle Scout Austin Dill Mike Stone
1. Consent Agenda (claims, payroll, minutes)
2. Second Reading Proposed Ordinance Fatbeam Franchise — Cary Driskell
3. Admin Report: Advance Agenda
4. Admin Report: Regional Wayfinding Concept Plan — Eric Guth
5. Info Only: Dept. Monthly Reports
August 4, 2015 — No Meeting (National Night Out)
[*estimated
August 11, 2015, Formal Meeting Format, 6:00 p.m.
1. Consent Agenda (claims, payroll, minutes)
2. Admin Report: 2016 Budget Estimated Revenues/expenditures — Chelsie Taylor
3. Admin Report: Advance Agenda
August 18, 2015, Study Session Format, 6:00 p.m.
1. Advance Agenda
[due Mon, June 29]
(20 minute)
(15 minutes)
(15 minutes)
(15 minutes)
Hohman (15 minutes)
(5 minutes)
meeting: 70 minutes]
[due Mon, July 6]
(5 minutes)
(10 minutes)
(10 minutes)
(10 minutes)
(10 minutes)
(15 minutes)
(15 minutes)
(5 minutes)
meeting: 70 minutes]
[due Mon, July 13]
(15 minutes)
(90 minutes)
(5 minutes)
meeting: 110 minutes]
[due Mon, July 20]
(5 minutes)
(5 minutes)
(10 minutes)
(5 minutes)
(15 minutes)
meeting: 40 minutes]
[due Mon, Aug 3]
(5 minutes)
(20 minutes)
(5 minutes)
[due Mon, Aug 10]
(5 minutes)
Draft Advance Agenda 6/25/2015 1:18:48 PM Page 1 of 3
August 25, 2015, Formal Meeting Format, 6:00 p.m. [due Mon, Aug 17]
1. PUBLIC HEARING: 2016 Budget Revenues, including Property Taxes — Chelsie Taylor (15 minutes)
2. Consent Agenda (claims, payroll, minutes, motion to set Sept 22 Budget Hearing)
3. Admin Report: Spokane County Library District Update — Sheree West and Diane Brown
4. Admin Report: Advance Agenda
5. Info Only: Dept. Monthly Reports
(5 minutes)
(15 minutes)
(5 minutes)
[*estimated meeting: 40 minutes]
September 1, 2015, Study Session Format, 6:00 p.m. [due Mon, Aug 24]
1. Outside Agency Presentations (Economic Development, & Social Service; 5 minutes each) (-90 minutes)
2. Advance Agenda (5 minutes)
September 8, 2015, Formal Meeting Format, 6:00 p.m.
1. Consent Agenda (claims, payroll, minutes)
2. Mayoral Appointment: Lodging Tax Member — Mayor Grafos
3. Admin Report: City Manager Presentation of 2016 Preliminary Budget — Mike Jackson
4. Admin Report: Advance Agenda
September 15, 2015, Study Session Format, 6:00 p.m.
1. Advance Agenda
September 22, 2015, Formal Meeting Format, 6:00 p.m.
1. PUBLIC HEARING: 2016 Budget — Chelsie Taylor
2. First Reading Property Tax Ordinance — Chelsie Taylor
3. Motion Consideration: Outside Agency Grant Allocations — Chelsie
4. Admin Report: 2015 Budget Amendment — Chelsie Taylor
5. Admin Report: Advance Agenda
6. Info Only: Dept. Monthly Reports
September 29, 2015, Study Session Format, 6:00 p.m.
1. Advance Agenda
October 6, 2015, Study Session Format, 6:00 p.m.
1. Advance Agenda
October 13, 2015, Formal Meeting Format, 6:00 p.m.
1. PUBLIC HEARING: 2015 Budget Amendment — Chelsie Taylor
2. Consent Agenda (claims, payroll, minutes)
3. Second Reading Property Tax Ordinance — Chelsie Taylor
4. First Reading Ordinance Adopting 2016 Budget — Chelsie Taylor
5. First Reading Ordinance Amending 2015 Budget — Chelsie Taylor
6. Admin Report: Advance Agenda
October 20, 2015, Study Session Format, 6:00 p.m.
1. Advance Agenda
Taylor
[due Mon, Aug 31]
(5 minutes)
(5 minutes)
(30 minutes)
(5 minutes)
[due Mon, Sept 7]
(5 minutes)
[due Mon, Sept 14]
(20 minutes)
(15 minutes)
(20 minutes)
(20 minutes)
(5 minutes)
[*estimated meeting: 80 minutes]
[due Mon, Sept 21
[due Mon, Sept 28]
[due Mon, Oct 511
(10 minutes)
(5 minutes)
(10 minutes)
(15 minutes)
(10 minutes)
(5 minutes)
[due Mon, Oct 12]
(5 minutes)
October 27, 2015, Formal Meeting Format, 6:00 p.m. [due Mon, Oct 19]
1. Consent Agenda (claims, payroll, minutes) (5 minutes)
2. Second reading Adopting 2016 Budget — Chelsie Taylor (10 minutes)
3. Second Reading Amending 2015 Budget — Chelsie Taylor (10 minutes)
4. Admin Report: Lodging Tax Advisory Cmte (LTAC) Recommended Allocations — Mark Calhoun (25 minutes)
5. Admin Report: Advance Agenda (5 minutes)
6. Info Only: Dept. Monthly Reports [*estimated meeting: 55 minutes]
Draft Advance Agenda 6/25/2015 1:18:48 PM Page 2 of 3
November 3, 2015, Study Session Format, 6:00 p.m.
1. Fee Resolution for 2016 — Chelsie Taylor
2. Advance Agenda
November 10, 2015, Formal Meeting Format, 6:00 p.m.
1. Consent Agenda (claims, payroll, minutes)
2. Admin Report: Advance Agenda
[due Mon, Oct 26]
(15 minutes)
(5 minutes)
[due Mon, Nov 2]
(5 minutes)
(5 minutes)
November 17, 2015, Study Session Format, 6:00 p.m. [due Mon, Nov 9]
1. Advance Agenda (5 minutes)
November 24, 2015 — no meeting (Thanksgiving week)
December 1, 2015, Study Session Format, 6:00 p.m. [due Mon, Nov 23]
1. Advance Agenda (5 minutes)
December 8, 2015, Formal Meeting Format, 6:00 p.m.
1. Consent Agenda (claims, payroll, minutes)
2. Proposed Fee Resolution for 2106 — Chelsie Taylor
3. Motion Consideration: LTAC Allocations —Mark Calhoun
4. Admin Report: Advance Agenda
December 15 2015, Study Session Format, 6:00 p.m.
December 22, 2015 — no meeting
December 29, 2015, Study Session Format, 6:00 p.m.
January 5, 2016, Study Session Format, 6:00 p.m.
1. Council Officer Elections for Mayor and Deputy Mayor — Chris Bainbridge
*time for public or Council comments not included
OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS:
Appointments (either Dec 29 or Jan 12) — 3 PC
Appointments (either Dec 29 of Jan 12) - 2 LTAC
Appts: Various Committees (Dec 29 or Jan 12)
Avista Electrical Franchise (2"d read Ord 15-011)
Clean Air Agency (Julie Oliver)
Coal/Oil Train Environmental Impact Statement
LID (Local Improvement District)
Marijuana, Legislative Update
Marijuana, Minor in Consumption
Public Safety Quarterly Costs
Sidewalks and Development
SRTMC Interlocal Agreement (prior to end of year)
Used Oil Signage Ordinance
[due Mon, Nov 30]
(5 minutes)
(10 minutes)
(20 minutes)
(5 minutes)
[due Mon, Dec 7]
[due Mon, Dec 21]
[due Mon, Dec 28]
(15 minutes)
Draft Advance Agenda 6/25/2015 1:18:48 PM Page 3 of 3
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: June 30, 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: 2015 Transportation Improvement Board (TIB) Call for Projects
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: Adoption of 2016-2021 Six -Year TIP, June 23, 2015.
BACKGROUND: The Washington State Transportation Improvement Board (TIB) issued a
2015 Call for Projects on June 1, 2015 for allocation of funding for the Urban Arterial Program
(UAP) and Urban Sidewalk Program (SP).
Approximately $87M is available statewide for funding the Urban Arterial Program (UAP). The
anticipated funding levels for the Urban Arterial Program in the Northeast Region have
increased from $8.3M last year to $9.6M this year. The East Region Urban Sidewalk Program
decreased from $1.1M from last year to $0.84M this year. Project applications are due Friday,
August 21, 2015.
Staff evaluated the TIB grant criteria and worked with TIB staff to identify projects that will score
well and have a high potential to receive funding. Staff reviewed the adopted 2016-2021 Six -
Year TIP, the Pavement Management Program, accident hot -spots, and other elements of the
city's transportation network. Staff also coordinated project ideas with the Community and
Economic Development Department staff.
Based on this evaluation, the following preliminary list of projects was developed for submitting
to TIB for consideration.
PROJECT NAME
In the
6 -Yr
TIP?
TIP YEAR
ESTIMATED
PROJECT COST
Urban Arterial Program
Mirabeau & Pines (SR -27) Parkway Traffic Signal
YES
2016
$350,000
McDonald Rd Pavement Preservation, 8th to
Mission
YES
2016
$1,300,000
Sullivan/Euclid Concrete Intersection (RW/CN)
YES
2017
$2,108,000
Broadway at Argonne/Mullan Concrete
Intersections (CN Only)
YES
2019
$1,703,000
Urban Sidewalk Program
Opportunity Elementary — SRTS (Bowdish Rd)
No
N/A
$500,000
OPTIONS: Information only
RECOMMENDED ACTION OR MOTION: Information only
BUDGET/FINANCIAL IMPACTS: The city's match on TIB funded projects is typically 20% of
the total project cost. As the proposed TIB applications are developed, staff will coordinate with
the Finance Department to ensure there are sufficient city funds to provide the needed match
for the proposed TIB projects. Right-of-way is not an eligible cost for sidewalk projects.
STAFF CONTACT: Steve M. Worley, PE — Senior Capital Projects Engineer
Eric P. Guth, PE — Public Works Director
ATTACHMENTS: Project Summary Sheets
Mirabeau Pkwy & Pines (SR -27) Traffic Signal Spokane
Valley
Mirabeau Pkwy & Pines
(SR -27), Traffic Signal
2016
2017
2018
2019
2020
2021
Project Description:
The Mirabeau Pkwy & Pines (SR -27) Traffic Signal project installs a new traffic signal at the Mirabeau Pkwy and Pines (SR -27) in-
tersection. New commercial development along Mirabeau Pkwy and increased traffic along Pines (SR -27) has made it increasingly
difficult to access Mirabeau Pkwy during the morning peak hour and Pines Road during the evening peak hour.
Benefits of Project:
Installing a new traffic signal at Mirabeau Pkwy & Pines (SR -27) will increase the level -of -service at the intersection from LOS "F"
to "LOS" B during the AM & PM Peak Hour. A failing LOS places the burden of mitigating this condition on new development
which is oftentimes cost prohibitive. Installing a traffic signal at this location will encourage business to locate and develop along
Mirabeau Pkwy, Pinecroft Way, and Cherry Street.
Project Cost Estimate:
Preliminary Engineering (PE) - $30,000
Construction (CN) - $320,000
Total Project Cost—$350,000
McDonald Rd Pavement Preservation,
8th to Mission
S`pokan�
Mission Ave
McDonald Rd Road Diet,
16th to Mission
Sprague Ave
�Oppori u n ity
2016
16th Ave North
2017 2018 2019 2020 2021
Project Description:
This project will grind and place a 1.5-2.5 inch overlay on McDonald Road from 8t" Avenue to Mission Avenue. In addition, over 80
sidewalk curb ramps will be rebuilt to comply with current ADA requirements. This project will also upgrade the current storm -
water system. Funding has been received for the pavement markings and signs needed to reconfigure McDonald Road from a 4 -
lane road section from Sprague Avenue to Mission to a 3 -lane section with bike lanes, and add bike lanes south of Sprague to 16th
Avenue using Highway Safety Improvement Funds.
Benefits of Project:
The McDonald Rd ROAD DIET project will enhance safety from Sprague to Mission by reducing accidents by at least 20% for all
accident types. Providing new marked bike lanes along McDonald will give bicyclists excellent north -south access in the heart of
the City and access to the Appleway Trail which provides excellent east -west access to the City's commercial core.
Project Cost Estimate:
Preliminary Engineering (PE) - $133,000
RW—$1,000
Construction (CN) - $1,166,000
Total Project Cost—$1,300,000
Awarded $608,900 in HS1P to construct traffic components for Road Diet, this project is for pavement preservation and sidewalk
ramps.
DRAFT (6-23-2015)
SPokanSullivan Euclid Concrete Intersection (RW/CN)
Sullivan/Euclid Ma11ey
�i
Sullivan/Euclid Concrete
intersection (RWICN) Project
2016 2017 1 2018
2019
2020
2021
Project Description:
This project will reconstruct the intersection of Sullivan Rd and Euclid Ave with Portland Cement Concrete and provide ADA up-
grades as necessary.
Benefits of Project:
The existing intersection is experiencing severe rutting, ravelling and longitudinal cracking. Significant truck traffic continues to
destroy the pavement. Preservation of the existing pavement is not an option in that the existing pavement section does not
have the structural integrity to support the heavy turning trucks. To reconstruct this intersection using PCC Pavement at a de-
signed depth to support the type of traffic using it will provide a long term solution to prevent pavement deterioration. This is the
most cost effective solution and the least expensive over the long run for the taxpayer.
Project Cost Estimate:
Right of Way (RW) = $26,000
Construction (CN) = $2,082,000
Total Estimated Construction and Right of Way cost = $2,108,000
DRAFT (6-23-2015)
Broadway @ Argonne/Mullan Concrete Intersections (CN only)
2016
2017
2018
2019
2020
2021
Project Description:
This project will reconstruct the intersections of Broadway Avenue at Argonne and Mullan Roads with PCC pavement and provide
ADA upgrades as necessary.
Benefits of Project:
The existing intersection is experiencing severe rutting, raveling and longitudinal cracking. Significant truck traffic continues to
destroy the pavement. Preservation of the existing pavement is not an option in that the existing pavement section does not
have the structural integrity to support the heavy turning trucks. To reconstruct this intersection using PCC Pavement at a de-
signed depth to support the type of traffic using it will provide a long term solution to prevent further pavement deterioration.
This is the most cost effective solution and the least expensive for the taxpayer. The design life of the project is 30 years.
Project Cost Estimate:
Construction (CN) = $1,703,000
DRAFT (6-23-2015)
Opportunity Elementary-SRTS (Bowdish Road)
Spokane
P�a11ey
Bowdish Road
Project Description:
This project is a Safe Routes to School (SRTS) project that provides new sidewalks to the Opportunity Elementary School. New
sidewalks will be installed along the east side of Bowdish Road beginning at 8th Avenue and ending at 12th. At 11th Avenue, new
sidewalks will be installed on the south side of the street from Bowdish Road east to Wilbur Road. The project will include new
curbing, a minimum 5' wide sidewalk, new ADA curb ramps at street corners, some roadway paving where new curbs will be be-
yond the existing edge of road, some right-of-way acquisition, curb walls and stormwater facilities.
Benefits of the Project:
New sidewalks provide a safer route to school. Sidewalks build a sense of neighborhood and community and these sidewalks will
hopefully reduce the number of cars dropping children off at school during the day. Sidewalks promote safety and encourages
children and their parents to walk and be more active.
Project Cost Estimate:
Preliminary Engineering = $90,000
Right of Way & Construction = $6,000
Construction = $404,000
Total Estimated Project Cost = $500,000