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HomeMy WebLinkAboutAgenda Packet 07/10/2007 Utility Advisory Committee Public Works conference Room Port Angeles, W A 98362 July 10, 2007 3:00 P.M. I. Call To Order II. Roll Call m. Approval Of Minutes For June 12,2007 IV. Late Items V. Discussion Items A. Leak Detection Results -2007 B. CPI Right-Of-Way License Renewal C. Renewable Energy Generation Project Grant Applications D. Renewable Energy System Incentives E. EnergySmart Grocer Program Agreement F. Stormwater Utility Rates G. Transportation Benefit Districts VI. Next Meeting Date: August 14,2007 VII. Adjomment N:\UAC\Final\071 007.wpd UTILITY ADVISORY COMMITTEE GUEST SIGN UP SHEET PRINT NAME ORGANIZATION ( ~f? IJ,(~ LJ~PS~ &~lt-CJ TV feoiJ's(o.-0j..N~ bJlC ~benQ~ c..P1 - , \ J)JrJ ~f{ 1J;1J~~ .'~.r Clt)2/g.}J 011 h1YJ~ CD iC!l1iDfV ~ . . N: \PWKS \LIGHT\ CONS \ CATE \ SIGNUP. wpd Utility Advisory Committee Public Works Conference Room Port Angeles, W A 98362 June 12,2007 3:00 P.M. /) 11..~,. " L Call To Order Chairman Reed called the meeting to order at 3:00 p.m. IL Roll Call Members Present: Chairman Reed, Grant Munro, Betsy Wharton, Orville Campbell, Larry Williams Members Absent: Karen Rogers Staff Present: Mark Madsen, Bill Bloor, Scott McLain, Larry Dunbar, Steve Sperr, Bob Kajfasz Others Present: Don Cramer - Climate Crisis Coalition Brian Gawley (3:11) - Daily News IlL Approval of Minutes: Chairman Reed asked ifthere were any corrections to the minutes of May 8,2007. Councilmember Wharton moved to approve the minutes. Orville Campbell seconded the motion, which carried unanimously with Chairman Reed abstaining. Chairman Reed asked ifthere were any corrections to the minutes of May 15, 2007. Councilman Munro moved to approve the minutes. Councilman Williams seconded the motion, which carried unanimously with Chairman Reed and Councilmember Wharton abstaining. IV. Late Items: None V. Discussion Items: A. Conservation Rate Credit Program Options Larry Dunbar, Power Resources Manager, distributed a handout, reviewed the information contained in the packet, responded to questions, and provided clarification. Staff provided twelve items for the committee members to consider. Staff was directed to pursue those options which would utilize the most funding. An ordinance amendment, a Portland Energy Conservation agreement, and an Expression of UTILITY ADVISORY COMMITTEE June 12,2007 Interest list will be available at a future meeting. Information only. No action taken. B. Update On NERC/WECC Entity Registration Scott McLain, Deputy Director for Power Systems, advised that staff had been performing a compliance self-evaluation, and developing mitigation plans for those standards for which the City is not currently compliant. Staff will continue to develop the procedures, processes, and information required to become fully compliant within the schedules of the mitigation plans. There was a brief discussion. Information only. No action taken. VI. Next Meeting Date: July 10, 2007 VIL A djornmen t: The meeting was adjourned at 4:21 p.m. Chairman Reed Cate Rinehart, Admin Spec II N:\PWKS\LIGHT\CONS\CA TE\june 12meet.wpd Date: To: From: Subject: ~ORTANGELES WAS H I N G TON, U. S. A. Utility Advisory Committee Memo July 10, 2007 Utility Advisory Committee Ernie Klimek, Superintendent, W ater/W astewater Collection Division Leak Detection Results - 2007 Summary: The City has used leak detection companies for the past seventeen years to detect leaks in the water distribution system. Detecting and repairing these leaks results in the utility becoming more efficient in the areas of water conservation and is one process in meeting the new Water Use Efficiency rule to be implemented in 2008. This year's leak detection survey was performed from March 26th through March 30th. The total estimated water loss that was detected and repaired was 61,560 gallons per day. Recommendation: Information Only. Background/Analysis: For the last seventeen years the Water/Wastewater Collection Division has contracted with leak detection companies to perform an annual survey of one- fifth of the water distribution system. This year the Utilities Services Group ofHD Supply Waterworks conducted the survey. Extremely sensitive sound amplification instruments and computer based correlations are used for pinpointing these leak locations. City crews spend about ten days preparing for the contractor's equipment by locating and uncovering the necessary contact points in the system. The general area covered was Northeast Port Angeles - East to West from Ennis Street to Lincoln Street and North to South from Lauridsen Boulevard to Water Street. This year's survey ofthe water distribution system included approximately 15 miles and all intersecting lines. The leak detection agency spent approximately 40 hours on the survey and a total of 14 leaks were found within our water distribution system. The water loss due to leakage was estimated to be approximately 61,560 gallons per day, which would equal about 22,469,400 gallons per year. Attachment: Summary of Leak Detection Report N :\UAC\Original\UACMemo-LeakDet-07 .doc Leak Detection Results - 2007 July 10,2007 UAC Meeting Page 2 of2 Summary of Survey and Pinpointing Report Client: City of Port Angeles, W A Date: 04/03/2007 Period Covered: March 26, 2007 to March 30, 2007 General Area Covered: Northeast TOTAL ANNUAL WATER LOSS (rllnllllla: icak.GPM A mirlIIlow- ~ ~da)'. da~yar) 22,469,400.0 GALLONS SURVEY DATA Distance Surveyed: 80]45:000 reet, ]5.180 miles Time Spent Surveying: 22.83 hours Points Surveyed Access Points Requiring further investigation Hydrants 60 (points Utat 1m n::tumcd to for pinpoiuling or diminution) Valves 301 Leak sounds on: Valves s Services 347 Hydrants 1 Other 3 Services 8 Total 711 Other 0 Total 14 PINPOINTING DATA LEAK TYPI NUMBER TIME SPENT TOTAL, TOTAL. lARCEST. LARGEST. SMALlEST, SMALLEST. AVERAGE ori.EAKS PINPOlNT~ GAlWNS GAllONS PER GAUDNS GAlLONS PER GALLONS GALLONS PER lEAK SIZE ING (hows) PER MrN DAV PER MlN DAV PER MtN OAV OPM MAIN LINE 3 2.67 30.0 43200.0 20.0 28800.0 5.00 7200,00 10.00 VALVE I 0.25 0.2 360.0 0.2 360.0 0,25 360.00 0,25 HYDRANT 1 0.50 0.5 720.0 0.5 720.0 0.50 720.00 0.50 METER CURB STOP SERVICE LINE 3 0.75 7.0 10080.0 5,0 7200.0 1.00 1440,00 2.33 SERVICE CONi' I 0.83 5.0 7200.0 5,0 7200.0 5.00 7200.00 5.00 OTHER L1NDEFlNED I 0.33 TOTALS 10 5.33 41.75 61560 n.a. n.a n.a n.a 4.2110 I Sites Investigated for Pinpointing I 14 I L Other Time Spent on Project (includes pinpointing false leak sounds) I 12.00 hrs. J Date: To: From: Subject: ~ORTANGELES WAS H I N G TON, U. S. A. Utility Advisory Committee Memo July 10, 2007 Utility Advisory Committee Larry Dunbar, Power Resources Manager CPI Telecommunications Right-Of-Way License Agreement Renewal Summary: The City's license to Capacity Provisioning, Inc. for its telecommunications system within the City expires September 9,2007 and needs to be renewed. Recommendation: Forward a favorable recommendation to City Council to authorize the Public Works and Utilities Director to renew the Telecommunications Right-Of-Way License with Capacity Provisioning, Inc. for a five-year term. Background/Analysis: The City's license to Capacity Provisioning, Inc. (CPI) to construct, operate, and maintain a telecommunications system within the City became effective September 24,2001 and was amended on September 9,2002. The initial term ofthe license was five-years and expires September 9,2007. In accordance with the City's telecommunications ordinance, CPI requested the license be renewed and provided a report on the number of customers served and network interconnections, and paid a $500 deposit to offset the City's administrative cost to consider the renewal. Due to the likelihood of technological changes and the expiration ofthe Institutional Network Services Agreement on September 6,2009 (which could be extended annually to September 6, 2012) staff does not recommend the term of the renewed license to exceed five-years. There are several proposed housekeeping changes that can be reviewed in the attached strikeout/underline version of the Right-Of-Way License Renewal No.1. The City Attorney reviewed the proposed renewal. Attachment: Right-Of-Way License Renewal No.1. N:\UAC\Original\CPI ROW License Renewal.doc RIGHT-OF-WAY LICENSE AMENDMENT RENEWAL NO.1 This Agreement is entered into this day of , ~2007 between the City of Port Angeles (hereinafter "City") granting municipal consent to Capacity Provisioning, Inc. (hereinafter "Grantee"), in the form of a right-of-way license for the purpose of constructing, maintaining, operating and using a telecommunications facility or a telecommunications system in public streets, alleys and rights-of-way in the City of Port Angeles to provide private telecommunications servIces and telecommunications services to public institutions and business end users within the City; providing for general and administrative provisions; providing fees and compensation for the privileges conferred under this right-of-way license; providing conditions; providing for enforcement of right-of-way license provisions; and providing for written acceptance of the terms of this right-of-way license. WHEREAS, the City of Port Angeles, pursuant to federal law, state statutes, and local ordinances, is authorized to consent to one or more non-exclusive right-of-way licenses to construct, operate, and maintain a telecommunications system in the public rights-of-way within the municipal boundaries of the City as designated in Exhibit "A" ("City Area"); and WHEREAS, the Grantee has entered into an Institutional Network Service Agreement with the City, which is attached hereto as Exhibit "B", and has requested municipal consent from the City to construct, operate and maintain a telecommunications system; and WHEREAS, the telecommunications system includes facilities comprised of conduit, lines, fiber, active or passive dark fiber, utility poles, and other telecommunications facilities located in the right-of-way that are used to provide private telecommunications services and telecommunications services for hire, sale or resale to public institutions and business end users within the City; and WHEREAS, the Grantee has requested municipal consent from the City to construct, purchase, acquire, develop, finance, lease, license, handle, provide, add to, or contract for additional facilities to reach and interconnect with the institutional network nodes as provided by the Cable Communications Franchise No. 3116 and the Fiber Optic Page 1 of ~9 Wide Area Network Use .^..greement that the City has entered into ','lith Northlafld Cable Television, me. (Northlafld); IN CONSIDERATION of the above representations and the agreements set forth herein, the parties hereby agree as follows: Section 1 - Definitions. The definitions of all words not defined herein shall be as used in the Revised Code of Washington and the following Chapters of the Port Angeles Municipal Code: Chapter 11.14 Telecommunications, Chapter 3.70 Revenues and Fees, Chapter 5.04 Licensing, Chapter 5.80 Taxation, Chapter 11.08 Construction or Excavation Work Within Rights-of-Way, Chapter 11.12 Right -of-Way Use, Chapter 13.14 Pole Attachments, and Chapter 17.52 Wireless Telecommunications Towers and Facilities, which are incorporated herein for all purposes. Section 2 - Scope Of City Consent. The City hereby consents to authorize the Grantee, a renewed term for a period of five (5) years from and after the effective date of this Agreement (the "Term"), to exercise the non-exclusive right to construct, purchase, acquire, develop, finance, lease, license, handle, provide, add to, contract for additional facilities, use, operate, own, and maintain a telecommunication system in, on, under and over the public rights-of-way, to reach and interconnect with institutional network nodes as provided by the Cable Communications Franchise Ordinance No. 3116; the Fiber Optic Wide .\rea NetY10rk Use Agreement, and the I-Net Services Agreement, subject to applicable law and specifically Chapter 11.14 P AMC, hereafter referred to as the Telecommunications Ordinance. The Grantee may obtain up to one (1) automatiC) extension of the term of this Agreement for an additional five (5) year period, not to exceed a maximum term of ten (10) years, if the Grantee is in substantial compliance with the material terms and conditions of this f\greernent as affirmatively determined by the Public \If orks and Utilities Director's \vritten report to the City Council. Section 3 - Authority Not Exclusive. The consent conferred in Section 2 is not exclusive, pursuant to the Telecommunications Ordinance. The Grantee shall respect the rights and property of the City and other authorized users of the public rights-of-way. Section 4 - Fees And Compensation. From and after the effective date of this Agreement and throughout the Term of this Agreement, the Grantee shall pay the City all taxes, fees and compensation pursuant to the Telecommunications Ordinance and the Institutional Network Services Agreement. From and after the effective date of this Agreement and throughout the Term of this Agreement, Grantee's telecommunications services gross revenues shall be subject to a public utility tax in accordance with Chapter 5.80, Licensing and Taxation, P AMC. Page 2 of ~9 Section 5 - Occupation License Required. From and after the effective date of this Agreement and throughout the Term of this Agreement, the Grantee shall obtain an occupation license from the City pursuant to Chapter 5.80, Licensing and Taxation, P AMC. Section 6 - Construction and Operation ofthe Telecommunication System. In constructing and operating its telecommunication system, the Grantee shall comply with all applicable requirements of the following Chapters of the Port Angeles Municipal Code: Chapter 11.14 Telecommunications, Chapter 3.70 Revenues and Fees, Chapter 5.04 Licensing, Chapter 5.80 Taxation, Chapter 11.08 Construction or Excavation Work Within Rights-of-Way, Chapter 11.12 Right-of-Way Use, Chapter 13.14 Pole Attachments, and Chapter 17.52 Wireless Telecommunication Towers and Facilities. In addition, the Grantee shall comply with the following: 6.1 Permits Required. Grantee shall not construct, reconstruct, or relocate the telecommunication system (or parts thereof) within the public rights-of-way or on City property unless authority has been obtained in accordance with the Telecommunications Ordinance or other applicable City approvals. Nothing within this right-of-way license shall be construed to authorize the Grantee or a lessee to make interconnections within the City or connections with end users within the City not authorized by this Agreement. Nothing within this right-of- way license shall be construed to authorize the Grantee or a lessee to provide telecommunications services and/or cable television services for hire, sale or resale to the general public within the City until Grantee or lessee has obtained a master permit and/or a cable television franchise from the City and has registered and received all requisite licenses, certificates and authorizations from the Federal Communications Commission, the Washington Utilities and Transportation Commission, or any other federal or state agency having jurisdiction. 6.2 Plan Review. Grantee shall not commence construction unless and until all maps and other documents are provided to the City, in accordance with Chapter 11.14 Telecommunications, Chapter 5.04 Licensing, Chapter 5.80 Taxation, Chapter 11.08 Construction or Excavation Work Within Rights-of-Way, Chapter 11.12 Right-of-Way Use, and Chapter 13.14 Pole Attachments. 6.3 Scheduling. The Grantee shall provide the City advance notice before beginning construction or installation, pursuant to the Telecommunications Ordinance. Page 3 of ~9 6.4 Commencement of Construction. Construction of the facilities contemplated by the September 9. 2002tffis right-of-way license was completed. Any reconstruction. additional construction. and maintenance work shall comply with this right-of-way license. shall eommenoe liO later than 01'1e year after the effeotiYe date of this right of way lioense; proYided that S'\;lch time limit shall1'1ot apply to delays caused by acts of God, strikes, eminent domain litigation, or other occurrenoes over ',vhiaR the Grantee has no aontml. 6.5 Construction Standards. Grantee shall comply with construction standards in accordance with Section 11.14.040 of the Telecommunications Ordinance. In addition, any employee, contractor, vendor or agent assigned to work on the installation, maintenance, or repair of system equipment must be pmperly licensed under the laws of the State of Washington and the City of Port Angeles. 6.6 Inspections. The Grantee shall permit the City to conduct inspections of construction or installation to ensure compliance with the Telecommunications Ordinance. 6.7 Restoration of Property. At its own cost and expense, Grantee shall within ten (10) calendar days restore property on public or private lands disturbed by Grantee's activities, pursuant to the Telecommunications Ordinance. 6.8 Removal or Relocation of Facilities. The Grantee shall remove or relocate facilities as required by the Telecommunications Ordinance. 6.9 Installations on City Pmperty and Private Property. No cable line, wire, amplifier, converter, utility pole. or other pieee of equipmenttelecommunications facilities owned by the Grantee shall be installed by the Grantee on any City property or private property without first securing the written permission of the City or a grant of authority as required under this Agreement or written permission of the property owner and/or lawful occupant of any property involved. 6.10 City Use of Grantee's Facilities. In consideration of the rights and privileges hereby granted, the City shall have, and Grantee hereby grants to the City, the right and privilege to suspend and maintain wires and necessary control boxes on poles placed by the Grantee in the streets, and other places aforesaid, or if such wires are placed underground, to place and maintain in the pipes or conduits of the Grantee, if space therein is available, wires which the City may require for telecommunications, electrical, water, wastewater, fire, police, or emergency services. All such wires must be placed on the poles or in conduits so as not to interfere with communications service and shall not carry currents or voltage dangemus to Grantee's plant or Grantee's users, and all installations, maintenance and repairs shall be subject to the rules, regulations and supervision of the Grantee. The City agrees in consideration of establishing this service and furnishing such facilities, to hold Grantee harmless from all claims and/or liability Page 4 of ~9 for damages, which may arise out of operating these wires and control boxes. Further, where such facilities have been installed or maintained by the City and not solely by Grantee, the City agrees to hold the Grantee harmless from all liability for any claims or damages that may arise out of the negligent installation, maintenance, use or operation by the City of these facilities. 6.11 Books and Records. The Grantee shall keep books and records as required by the Telecommunications Ordinance and in accordance with generally accepted accounting principles. 6.12 Underground Utilities. The Grantee shall subscribe to the One Call Locator Service and comply with all regulations of Chapter 19.122 RCW for its telecommunications system within the City. 6.13 Institutional Network Services Agreement. As a condition of maintaining municipal consent under this right-of-way license, the Grantee shall comply with the Cable Communications Franchise No. 3116, the Fiber Optie Wide ..\rea Network Use ..^..greement, and the Institutional Network Services Agreement. The City shall have the right to terminate this right-of-way license if Grantee fails to comply with the Institutional Network Services Agreement. Section 7 - Tree Trimming. Upon ten (10) days' written notice provided to the Director, except in an emergency of imminent danger to persons or property, the Grantee may trim trees or other vegetation owned by the City or encroaching upon the public right-of-way to prevent branches or leaves from touching or otherwise interfering with its wires. All trimming or pruning within environmentally sensitive areas shall be subject to applicable requirements of Chapter 15.20 PAMC Environmentally Sensitive Areas Protection. All trimming or pruning shall be at the sole cost of the Grantee. The Grantee may contract for said trimming or pruning services with any person approved by the City prior to the rendering of said services. Section 8 - Reports. The Grantee shall make available to the City such information or reports, as required by the Telecommunications Ordinance. The Grantee shall allow the City to inspect any of the Grantee's facilities and equipment with sufficient notice as to not disrupt the operations of the Grantee. Section 9 - Insurance. The Grantee shall comply with Section 11.14.120(E) of the Telecommunication Ordinance governing insurance and shall submit to the City a certificate of insurance that demonstrates such compliance. Section 10 - Indemnity. The Grantee hereby releases, covenants not to bring suit, and agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and representatives Page 5 of ~9 from any and all claims, costs, judgments, awards or liability to any person, including claims by the Grantee's own employees to which the Grantee might otherwise be immune under Title 51 RCW, arising from injury or death of any person or damage to property, of which the negligent acts or omissions of the Grantee, its agents, servants, officers or employees in performing under this license, master permit, or lease are the proximate cause. The Grantee further releases, covenants not to bring suit, and agrees to indemnify, defend, and hold harmless the City, its officers and employees from any and all claims, costs, judgments, awards or liability to any person including claims by the Grantee's own employees, including those claims to which the Grantee might otherwise have immunity under Title 51 RCW, arising against the City solely by virtue of the City's ownership or control of the rights-of-way or other public properties, by virtue of the Grantee's exercise of the rights granted herein, or by virtue of the City's permitting the Grantee's use of the City's rights-of-way or other public property, based upon the City's inspection or lack of inspection of work performed by the Grantee, its agents and servants, officers or employees in connection with work authorized on the City's property or property over which the City has control, pursuant to this license, master permit, or lease or pursuant to any other permit or approval issued in connection with this license, master permit, or lease. This covenant of indemnificatiori--'snall inClude~-but not be liriiited--Dytlii~f ---.- reference to, claims against the City arising as a result of the negligent acts or omissions of the Grantee, its agents, servants, officers or employees in barricading, instituting trench safety systems, or providing other adequate warnings of any excavation, construction or work in any public right-of-way or other public place in performance of work or services permitted under this license, master permit, or lease. Section 11 - Grantee Default And Remedies. If Grantee fails to comply with or is in violation of this Agreement or the Telecommunication Ordinance, Grantee will be subject to termination and remedies as provided for in PAMC 11.14.120 and 11.14.130. Section 12 - Compliance With Laws~ Severability. 12.1 Notwithstanding any other provisions of this Agreement to the contrary, the Grantee shall at all times comply with all applicable police powers and regulations of the City and all administrative agencies thereof. 12.2 If any provision of this Agreement or any related ordinance is held by any court or by any federal, state, or local agency of competent jurisdiction to be invalid as conflicting with any federal, state or local law, rule or regulation now or hereafter in effect, or is held by such court or agency to be modified in any way in order to conform to the requirements of any such law, rule or regulation, said provision shall be considered as a separate, distinct and independent part of this Agreement, and such holding shall not affect the validity and enforceability of all other provisions hereof or thereof. In the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed, so that the Page 6 of ~9 provision hereof or thereof which had been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on the parties hereto, provided that the City shall give the Grantee sixty (60) days written notice of such change before requiring compliance with said provision. 12.3 If the City determines that a material provision of this Agreement is affected by such action of a court of the federal, state or local government, the City and Grantee shall have the right to modify any of the provision hereof or in such related ordinances to such reasonable extent as may be necessary to carry out the full intent and purpose of this Agreement. Section 13 - Taxes. Permit And Other Fees. Nothing contained in this Agreement shall be construed to exempt the Grantee from any tax levy, permit fee or assessment, including but not limited to application, inspection, pole attachment, excavation impact, or tree trimming fees, which are or may be hereafter lawfully imposed on all entities engaged in the same business as the Grantee, or as are generally applicable in the City or State. Section 14 - Sale Or Transfer. With respect to the sale or transfer of the Grantee's telecommunication system, the Grantee shall comply with appropriate sections of the Telecommunications Ordinance and the I-Net Services Agreement. The City shall have the right of first refusal to acquire the telecommunications system owned by the Grantee, in the event of any transfer, assignment or sale, at fair market value for a period of sixty (60) days following service of notice to the City in accordance with this agreement. Section 15 - Service Of Notice. 15.1 All notices required or permitted to be given to either party by the other party under any provisions of this Agreement shall be in writing and shall be deemed served as follows: (a) When delivered by hand or by Federal Express or similar service to that party's address set forth below during normal hours; or (b) When mailed to any other person designated by that party in writing herein to receive such notice, via certified mail, return receipt requested. 15.2 Notice shall be given to the following: (a) If to the City: Glenn Cutler, Public Works and Utilities Director P.O. Box 1150, Port Angeles, W A 98362-0217 (b) If to Grantee: Bill Roberds, President 54 Misty Lane, Port Angeles, W A 98362 Section 16 - Force Maieure. Any delay, preemption, or other failure to perform caused by factor beyond either party's reasonable control, such as an act of God, unauthorized labor Page 7 of ~9 dispute, non-delivery by non-affiliated suppliers, war, riot, technical breakdown, or government administrative or judicial order or regulation, shall not result in a default of the Agreement. Each party shall exercise its reasonable efforts to cure any such delays and cause thereof, and performance under the terms of this Agreement shall be excused for the period of time during which such factor continues. Section 17 - Construction And Jurisdiction. In the event of any conflict between this Agreement and the Telecommunications Ordinance, the terms ofthe Telecommunications Ordinance shall prevail and control. This Agreement is made and performed in Clallam County, Washington, and it shall be construed in accordance with the laws in the State of Washington and the City of Port Angeles. Any lawsuit under this Agreement shall be brought in Clallam County, Washington. Section 18 - Repeal of Prior Agreement. Upon the effective date of this Agreement, the Right-Of-Way License Agreement Amendment No.1 entered into on September ~2, ~2002 is hereby repealed and is no longer in force and effect. Section 19 - Execution. This Agreement shall take effect upon execution by the following duly authorized representatives of the parties. City of Port Angeles: By: Glenn Cutler, Pubic Works and Utilities Director Attest: Becky J. Upton, City Clerk Approved as to form: Craig D. Kn-utsonWilliam Bloor, City Attorney Grantee: by: by: C:IlI'RRY'JElECm fRO''' 'CREEMEm.oD'Cm<PRO"ISlg~IING.gOCN:\PWKSlLlGHT\POWM\I.NEnCAPACITY PROVISIONING- APPROVEDlAGREEMENTSlROWLICNESERENEWAL2007 DOC Page 8 of ~9 Date: To: From: Subject: DO'" ,'RlT,' A IN.. ;'G" tE':Li E'iS'. 1=-.J/:. "'./'f.. '.. ... J ' ! ...' Y WAS H I N G TON, U. S. A. Utility Advisory Committee Memo July 10, 2007 Utility Advisory Committee Larry Dunbar, Power Resources Manager Renewable Energy Generation Project Grant Applications Summary: At last month's meeting, the Utility Advisory Committee supported a staff recommendation to consider community interest in a renewable energy generation project. Staff will present a summary of the promotional efforts and expressions of interest received at today's meeting. Recommendation: Support staff's recommendation to proceed with grant applications. Background/Analysis: On June 12,2007, staff provided a report to the Utility Advisory Committee about participation in the Bonneville Power Administration's new Conservation Rate Credit (CRC) program being substantially below targeted spending levels. At that meeting the Utility Advisory Committee supported a staff recommendation to consider community interest in a renewable energy generation project. Staff will present a summary of the promotional efforts and expressions of interest received at today's meeting. The anticipated cost for a 30 kW photovoltaic system is $400,000, which would be financed by the City through the conservation fund. Project funding may be provided by the CRC (50%), electric customers from the community (more than 25%), and a Bonneville Environmental Fund (BEF) grant from the (less than 25%). Project size would depend on the CRC and BEF grant. Staff can request BP A permission by July 13, 2007 to use its CRC for the project and may be allocated a proportionate share of a $6M renewables allowance based on all utilities expressing interest. Staff proposes to submit a request that conditions the City's willingness to proceed if the CRC provides at least 50% of total project costs, that the City's minimum acceptable CRC is $150,000, and that electric customers provide from $100,000 to $200,000 up front or from $6,750 to $13,500 in annual contributions (representing the debt service for $100,000 and $200,000, respectively). BPA would either accept or deny the City's request by August 1,2007. In addition to the CRC, staff could submit a letter of enquiry to the BEF at any time. If the BEF is interested the City would submit a detailed grant proposal. Notification of a BEF grant award would be made on or before December 28, 2007 if a City proposal were submitted by September 15,2007. N:\UAC\Original\Community Renewables Project Grant Application.doc ,...... -- - -- ,...... '<, )>L. a.c < - -- '< en ~ o 0 ~~ ()I\J o 0 3 ~ 3 G);tJ CD CD ::J ::J CD CD ..., ~ etOl o. c- ::J CD -urn ..., ::J -2. CD coca ~'< -- ,...... ,...... CD CD I Overview · Background · Benefits · Costs · Economics · Summary · Recommendations Background · Power purchases from Bonneville Power Administration · Conservation rate credit program · October 2006 program changes · June 2007 Utility Advisory Committee guidance 1 Background - CRC Options CRC renewable energy options 1 . Residential solar system 2. Green power purchases 3. Contributions to non-profit organizations promoting renewable energy 4. Community solar system · $6,000,000 CRC per year for all Bonneville Customers · July 13th CRC request deadline Background - CRC Objectives · To provide a local option to utility customers that want to contribute to a centrally located alternative energy system · To help overcome the obstacles of risk and high upfront cost, limited solar access, and lack of knowledge of alternative energy systems · Provide an alternative energy option that can grow as demand for alternative energy increases 2 Background - Project Location · Not determined · Provides public visibility · Large enough area to accommodate commercial size renewable system · Large enough to accommodate growth as customer demand requires · Provides some protection from vandalism · Provides easy access for maintenance crews Project Benefits · Local economic impact · No unwanted emissions or noise at point of generation · Contributes to electricity supply & diversity · Reduced reliance on fossil fuels & price- volatile energy sources · Reduces stress on the existing grid improving grid reliability and resilience · Proactive, educational benefits 3 Project Costs · $400,000 estimated cost for 30 kW grid- tied PV system · $200,000 possible CRC from Bonneville Power Administration · Bonneville Environmental Foundation grant may be available · $100,000 to $200,000 from community · $6,750 to $13,500 conservation fund debt service Project Economics · Estimated annual electrical generation 30,000 kWh · Enough electricity for 2 homes per year · Costs exceed benefits · Estimated electricity cost: $0.53/kWh · Net present value ($155,000) · Could breakeven if electric rates escalate 4 Awareness Efforts · Press release · Website · Peninsula Daily News article · Peninsula Daily News advertisements (2) · Letter to commercial electric customers · Climate crisis coalition Awareness Efforts. · Evening meeting - Renewable supporters - Customers, others, vendor, consultant - Economics knowledge - Past City involvement in renewables -- Limited consideration - Short time period to educate public 5 Expressions of Interest · Typical utility customer participation · Expression non-binding · 19 day window · Customers interested · $4,560 upfront · $32,160 over time · Annual average $1,840 or 27% of amortized cost Summary · Risks - Return CRC to SPA ~ Customer contributions short - Conservation fund capital · Disadvantages - Economics of generation - Other options - Recruitment of customer contributions 6 Summary · Advantages - CRC & BEF funding opportunities - CRC & BEF local economic benefit - Responsive to interested customers - Likelihood of adequate customer participation - Those that pay benefit - Proactive - Multiple off-ramps available Recommended Approach Timeline July 13, 2007 August 1, 2007 September 15, 2007 December 28, 2007 January 2008 June 2008 December 2008 December 2009 Milestone e CRC request BPA CRC award* BEF grant request BEF grant award* Contribution rates** Decision to proceed** Project design Project completion *UAC guidance sought **UAC & City Council approval sought 7 '.- .<....' _ i '_,.~.~_.. ~W."'" .._ _~. '., ---E- .~.3t..-_.[.-._:..~..:._,.::. - .: '-'. . ..', . " ., ':.' " .' . . . -'- Ellensburg Solar Community ESCaoe to a Sustainable tU1"\Jre To help meet the future energy needs of our customers, the City wants to take advantage of one of Ellensburg's most abundant energy resources, the sun (over 300 days of sunshine a year). A pilot community solar electric project is providing everyone in Ellensburg the opportunity to invest in locally produced clean electricity. Solar electric modules (panels) are converting free renewable sunshine directly into electrical power ready to be used in homes and businesses. With no moving parts, no noise and no pollution, solar electric modules are the simplest and cleanest power generation systems our community has available. The first phase of the project - 120 solar modules (36KW) was completed in November and is located on the west edge of West Ellensburg Park, adjacent to Interstate 90. All of the power being produced goes directly onto the City's utility power lines. With community support and additional funding from the local utilities, the City, the County, CWU, local clubs/organizations and the local citizens we have the potential to expand the system to 550 solar modules (165KW) over the next three to five years. This project uses an innovative financing approach that makes it unique among the various renewable energy programs in the Northwest People In our community iU'e being asked to partner with the 09' to help Ittnd the project. In exchange for their financial SlJppOf"l;, the Oty Will give the contlfbutors a doIIaraedit on their electric bill for the value of the electricity produced by the solar system. Example: If a customer's contribution represents 3% of the total funds contributed by utility customers, that customer would receive 3% of the power produced by the solar project - deducted directly off their electric bill. Contributions made by utility customers go primarily towards the purchase of the solar modules. The City's Conservation and Renewable program is funding the other project costs, such as solar system infrastructure, operations and maintenance, design development and marketing. A data monitoring system from Fat Spaniel Technology is also installed to disseminate the project's data via the internet. http=//view2.fatspaniel.netjEllensburglprojed/EndUserView.htm,. Check out the web site to see the power output of the solar system. Utility staff is working with the University to find ways for CWU students to participate in the project. An engineering student designed a new adjustable racking system to hold the solar modules. CWU's Civic Engagement Center provided senior marketing students to design the project logo and other marketing materials. An IT student is also developing the solar web page for the City. The City is committed to renewable energy to help meet Ellensburg's future energy needs. As community funds continue to come in - the Utility plans to expand the solar system in 24 module increments. For additional information, please contact: Gary Nystedt, Resource Manager for the City of Ellensburg (509) 962~7245 Community Renewables Generation Project - Expression of Interest The City of Port Angeles is seeking support from the community to construct a solar powered electrical generation facility. The estimated cost of the facility is $400,000 and the grant requires Port Angeles electric customers to contribute $200,000 upfront or $13,500 per year for 20 years. The location of the facility has not been determined. If you are willing to contribute to this renewable energy project please use this form to express your support to the City. Upfront contributions are preferred above monthly contributions to minimize the City's risk. Name (Print) Street Address / Mailing Address Phone Email Option A - Up front Contribution Option B - Monthly Contributions o I am willing to make an upfront contribution of o I am willing to make monthly contributions of o $100 o $250 o $500 o $750 o $1,000 o $2.50 0$5 0$10 0$15 0$20 0$ 0$ For the following number of years o I 02 03 04 05 07 o 10 o 15 020 Option C - Combination Contributions o I am willing to make an Upfront Contribution of 0 $100 o $250 0 $500 0 $750 o $1,000 0$ AND Monthly contributions of 0 $2.50 0$5 0$10 0$15 o $20 0 $ For the followinl! number of years 0 1 02 03 04 05 07 o 10 o 15 020 Use this space to provide comments or attach a separate sheet if necessary. L understand that by signing below I am expressing my interest in making a financial contribution(s) for a community renewables generation project. Although the City is not accepting contributions at this time, contributions may begin to be collected on October 1, 2007. A financial contribution may entitle me to a proportional share of the energy output of the facility. I realize that participation in this project will not necessarily save me money or lower my energy costs and in fact, will cost me more than it would ultimately save. Signature Date The City may contact you to confirm interest. The terms and conditions of any formal City offering will vary. The City of Port Angeles is under no obligation to submit a grant request or proceed with a community renewables generation project. Completed expression of interest forms will be considered if received by July 9,2007 City of Port Angeles Public Works & Utilities Department P.O. Box 1150, Port Angeles, WA 98362 For more information visit the City's website at www.citvofpa.us DO/',R,yT: ,l A IN' ;'Gr 'E"L' E-- ,5' , l~,~"-.n ,) u:.; ,1 -' WAS H I N G TON, U. S. A. Utility Advisory Committee Memo Date: July 10, 2007 To: Utility Advisory Committee From: Larry Dunbar, Power Resources Manager Subject: Renewable Energy System Incentives Summary: Washington State law provides incentives for non-commercial renewable energy systems installed by electric customers. The incentive is provided by the electric utility, which is reimbursed by a reduction to the public utility tax paid by the electric utility to the State. Recommendation: Forward a favorable recommendation to City Council to participate in the Washington State renewable energy system incentives program including City incentive payments. Background/Analysis: In 2005, the Washington State legislature established chapter 82.16 of the Revised Code of Washington to provide incentives for electric customers to purchase and install small non-commercial renewable energy systems. Eligible systems include photovoltaics, anaerobic digesters to treat livestock manure, and wind systems that generate electricity. The incentive is $0.15 per kWh generated and additional incentives are available if photovoltaics, inverters, and other equipment are manufactured within Washington State. The incentives provided for systems that are approved by the Washington State Department of Revenue are required to be paid by the electric utility. The incentives paid by the electric utility are reimbursed to the City via a reduction to the public utility tax paid by the electric utility to the State. Since the passage of the law there has been at least one electric customer that installed a renewable energy system that may be eligible for incentives. The law requires electric customers to obtain a certification of eligibility from the Washington State Department of Revenue and submit an application to the City by August 1 st of each year. The incentives under the program are available though year 2014. The attached certification form is provided by the Department of Revenue, and staff prepared the attached application form. Attachments: Renewable Energy System Cost Recovery Certification Form 2007 Renewable Energy System Incentive Application Form N:\UAC\Original\Renewable Energy System Incentives.doc ~venue Renewable Energy System Cost Recovery Certification 82.16 RCW ;/'.'ll.;t>'::0'!:'n;~:(jl... First, contact the utility serving your property to confirm it is participating in this program and to receive its application procedures for this incentive payment. Instructions for Filing: Please mail or fax this certification form to the Washington State Department of Revenue at the address below. The Department will: (1) forward this form to the Climate and Rural Energy Development Center at Washington State University, and (2) advise the applicant within 30 days of receipt of this form whether the renewable energy system qualifies for the investment cost recovery incentive program. If you have purchased property with a certified renewable energy system, you must reapply for certification as the new owner. Definitions: Customer-generated electricity: The alternating current electricity that is generated from a renewable energy system located on an individual's, business', or local government's real property and is provided electricity generated by a light and power business. A system located on a leasehold interest does not qualify under this definition. It also does not include electricity generated by a light and power business with greater than 1,000 megawatt hours of annual sales or a gas distribution business. Solar inverter: The device used to convert direct current to alternating current in a photo voltaic cell system. Photo voltaic cell: A device that converts light directly into electricity without moving parts. Solar module: The smallest nondivisible self-contained physical structure housing interconnected photovoltaic cells and providing a single direct current electrical output. Mail to: Department of Revenue Taxpayer Account Administration PO Box 47476 Olympia W A 98504-7476 FAX to: (360) 586-0527 For Official Use Only - A Department of Revenue Date: / / Climate & Rural Energy Development Center - WSU Date: / / Department of Revenue Ta:x:Reporting Number (If ou do not have a number, one will beassi ned.) DDD-DDD-DDD Name, Address, and Phone Number of A Iicant Tele hone No. ( ) (Required) Location of Renewable Ener S. (If different from above address) Does the electricity produced meet the defmition of "customer generated electricity?" DYes DNo Wbat.does. t~erene\V~ble eriergy system prodllce electricity With? . Solar inverters and solar modules manufactured in Washington State D . A wind generator powered by blades manufactured in Washington State D . A solar inverter manufactured in Washington State D . A solar module manufactured in Washington S~ D . Solar or wind equipment manufactured outside of Washington State D . An anaerobic digester D Can the electricity be transformed or transmitted for entry into or operation in parallel with electricity transmission and distribution systems? DYes D No What is the permit number and the date the renewable energy system received its final electrical permit from the local jurisdiction? Permit No: Date: The information provided is true, complete, and correct to the best of my knowledge and belief under penalty of perjury. Signature: For tax assistance, visit htto://dor.wa.gov or 1-800-647-7706. To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 705-6715. Teletype (ITY) users may call 1-800-451-7985. REV 41 0094 (06/29/06) 2007 Renewable Energy System Incentive Application Incentives for renewable energy systems are available through the City in accordance with chapter 82.16 of the revised code of Washington and all City requirements. Prior to August 1, 2007, please mail or fax a copy ofthe approved Washington State Department of Revenue certification form and this application to the City at the address below. Provide the Washington State Department of Revenue A. D artment of Revenue Tax R OrtingNumber Tax Reporting Number. 0 0 0 - 0 0 0 - 0 0 0 B. Applicant name, mailing addres!), phoIl.~ number Provide print the applicant's name, mailing address, and phone number in the spaces provided. Tel~hone No. ( ) Provide the date of the letter from the Department of C. ProVide the date of the letter from the Department of Revenue stating that the. renewable energy Revenue stating that the renewable energy system is system is eligible forthejncehtives eligible for the incentive. Date of letter: Provide the following information: D. Calculate kilowatt-hours generated by system This year's meter reading. 1. June 30, 2007 meter reading Last year's meter reading. 2. June 30, 2006 meter reading Subtract D.2 from D.l and enter the amount. 3. Difference Provide the meter multiplier. 4. Meter multiplier Multiply D.3 times D.4 and enter the amount. 5. Kilowatt-hours generated Provide the following information: , E. Specify the eligible incentive adjustment factors 1. For customer-generated electricity produced using solar modules manufactured in Washington state, enter 2.4 2. For customer-generated electricity produced using a solar or a wind generator equipped with an inverter manufactured in Washington state, enter 1.2 3. For customer-generated electricity produced using an anaerobic digester manufactured in Washington state, enter 1.0 4. For customer-generated electricity produced using other solar equipment or using a wind generator equipped with blades manufactured in Washington state, enter 1.0 5. For all other customer-generated electricity produced by wind, enter 0.8 6. Add up the adjustment factors E.I-5 and enter the total adjustment factor in E.6 Provide the following information: IF. Determine the total incentive Multiply D.5 times E.6 times $0.15 and enter the amount ofthe total incentive. The maximum total incentive is limited to $2,000.00. $ Applicant Date The information provided is true, complete and correct to the best of my knowledge and belief under penalty of perjury. City of Port Angeles, Public Works and Utilities Department P.O. Box 1150, Port Angeles, W A 98362 Bus (360) 417-4700 Fax (360) 417-4709 Date: To: From: Subject: DO! ,R,yT,' A IN, (G.' ',E','L, ,E' :,5, l=-'~u' . '.rt/' '. , . !' WAS H I N G TON, U. S. A. Utility Advisory Committee Memo July 10, 2007 Utility Advisory Committee Larry Dunbar, Power Resources Manager EnergySmart Grocer Program Agreement Summary: The City was offered an agreement to participate in the "EnergySmart Grocer Program" by Portland Energy Conservation, Inc. All City expenses under the agreement are eligible for reimbursement under the Bonneville Power Administration's Conservation Rate Credit program. Recommendation: Forward a favorable recommendation to City Council to authorize the Public Works and Utilities Director to sign an EnergySmart Grocer Program Agreement. Background/Analysis: The "EnergySmart Grocer Program" Agreement was recently offered to the City by Portland Energy Conservation, Inc. The proposed agreement is in connection with a region-wide promotion by the Bonneville Power Administration. As part of the agreement, Portland Energy Conservation, Inc. would be responsible for energy audits, identifying eligible energy conservation measures, and verifying all work is acceptable. The proposed agreement is anticipated to result in City payment of up to $50,000 through June of 2009 to grocery stores within the City. All City expenses under the proposed agreement are eligible for reimbursement under the Bonneville Power Administration's Conservation Rate Credit program. The proposed agreement term, incorporation of amendments to an agreement between Portland Energy Conservation, Inc. and Bonneville Power Administration, and a few other minor modifications are being negotiated. The proposed agreement will be reviewed by the City Attorney before seeking City Council approval. Staff requests that the Utility Advisory Committee forwards a favorable recommendation to City Council to authorize the Public Works and Utilities Director to sign an EnergySmart Grocer Program Agreement. N:\UAC\Original\EnergySmart Grocer Program Agreement.doc nOr JR: ....T!' A IN: :G/ ,E.,.':LIES' '! 1.=-" .J:'t - df ....1 v WAS H I N G TON, U. S. A. Utility Advisory Committee Memo Date: July 10, 2007 To: Utility Advisory Committee From: Stephen Sperr, P.E., Deputy Director of Public Works/City Engineer Subject: Stormwater Utility Rates Summary: Due to the NPDES Stormwater Phase II designation and the resultant need for expansion of the Stormwater Utility, a rate adjustment is needed. Recommendation: Forward a favorable recommendation to City Council to adjust Stormwater Utility rates as recommended by staff herein. Background/Analysis: At the May 9,2006 Utility Advisory Committee meeting, the related issues of a pending NPDES Stormwater Phase II designation and the need to adjust Stormwater Utility rates established on January 1, 2004 were brought up for discussion. Subsequent discussions were held in August and September 2006, and March and May 2007. The most recent UAC discussion on Stormwater Utility rates, held on May 8, 2007, resulted in direction given to City staff to narrow the focus to several rate options, which are outlined in Table 1 below. Table 1 Rate Adjustment Options Current Rate Description Structure Option 1 Option 2 Option 3 Option 4 Monthly Rate per ERU $3 $4 $4 $6 $10 Impervious Area per ERU, 4,000 4,000 4,000 4,000 4,000 square feet ERU Cap for Commercial 10 10 100 10 10 Gross Revenue $360,000 $437,000 $506,000 $656,000 $1,093,000 The Stormwater Utility was established in 2004, with an emphasis on funding capital facilities projects. And there is still a strong need to fund capital construction projects through rates. However, with the Department of Ecology's designation of the City as an NPDES Phase II Stormwater community, there is also a need to actively implement other elements of a Stormwater Utility Program that will (1) limit the City's exposure to the potential for "third-part" lawsuits, and (2) leverage funds as part of obtaining grants and loans from Washington State's Public Works Board and Department of Community, Trade and Economic Development. Stormwater Utility Rates July 10,2007 UAC Meeting Page 2 of2 Some of these other elements that will be developed in the next two years will be: . A 'rebate program, with an emphasis on residential incentives . Public education . Expanded water quality testing . Enforcement . Low Impact Development standards . Applying for grants and loans, and managing them With City Council approval, the City has recently hired a Civil Engineer, Amanda Roberts, to develop these programs as well as further refine and assist in prioritizing the Stormwater Utility's capital facilities plan. A preliminary budget for the Stormwater Utility for the next two and a half years is outlined in Table 2 below. Table 2 Preliminary Stormwater Utility Budget, Current through 2009 Description Adjusted 2007 2008 Proposed 2009 Proposed Personnel $50,000 $105,000 $110,000 Services $20,000 $50,000 $75,000 Rebate Program $0 $0 $50,000 Intergovernmental $100,000 $100,000 $100,000 Construction $230,000 $445,000 $365,000 Total Budget $400,000 $700,000 $700,000 To fund the Stormwater Utility through 2009, Option 3 of Table 1 is the preferred alternative. While that does not fully fund the proposed budgets for the utility as shown in Table 2, there is the potential for additional grants in the next 18 months, and construction loans may be in place as early as 2009. City staff recommends that the UAC forward a favorable recommendation to the City Council to raise Stormwater Utility rates to $6 per month per impervious surface equivalent residential unit (ERU), as summarized in Option 3 in Table.!. The deadline for getting rate information to Clallam County so that it can be included in the 2008 tax mailing is November 2007. N:\UAC\OriginallJuly 2007 Stormwater Rates memo to UAC.doc Date: To: From: Subject: Fr..... 10' 'R" .1.... I'PJ.' N"'Gr 'ElL" E; iSI Ip/ ')...',~..L / '.ii"1 .. .~r!i !....J' Ii') .m ~ m...u..! WAS H I N G TON, U. S. A. Utility Advisory Committee Memo July 10, 2007 Utility Advisory Committee Stephen Sperr, P.E., Deputy Director of Public Works/City Engineer Transportation Benefit Districts Summary: On May 4, 2007 the Governor signed ESHB 1858 modifying the current authority for Transportation Benefit Districts. The TBD is another tool in the toolbox for communities to consider when funding transportation/street projects. Recommendation: For Discussion Only. Background/Analysis: Attached is a memo developed by the City Attorney discussing the recent signing ofESHB 1858 modifying the current authority for Transportation Benefit Districts. The most notable change is the ability for cities to impose a vehicle registration fee of up to $20 per vehicle. There are specific steps to follow including waiting times before it may be implemented. The topic of funding street improvements through a Street Utility was previously discussed with the UAC in August 2003. Staff was directed to return to the UAC when there was a change to legislation. It is recommended that after a short staff presentation that the UAC conduct a general discussion on the merits of a Transportation Benefit District and provide direction, if any, to staff. N:\UAC\DepDir\Transportation Benefit Districts.doc LEGAL DEPARTMENT William E. Bloor City Attorney [4531 ] Dennis Dickson Sr. Assistant City Attorney [4532] Rick Petersen Assistant City Attorney [4562] Candace Kathol Legal Assistant [4536J Diana Lusby Legal Administrative Assistant [4530] Jeanie DeFrang Legal Administrative Assistant [4530] Randi Felton Legal Records Specialist [4576] ~ORTANGELES WAS H I N G TON, U. S. A. DATE: May 11,2007 To: Mark E. Madsen, City Manager Glenn A. Cutler, Director of Public Works & Utilities FROM: William E. Bloor, City Attorney RE: Transportation Benefit Districts The ability to create transportation benefit districts (TBD) has been in existence since 1987. However, due to limitations imposed on districts themselves and on funding, they were rarely used. In fact, prior to 2005 only 2 had been formed in the state. On May 4th, the Governor signedESHB 1858 which becomes effective onluly 22. The bill makes several modifications to the current authority. Notably, the changes allow cities to impose a vehicle registration fee of up to $20 per vehicle. It is expected that with these changes in the law, TBDs will be widely adopted by cities now to assist in funding street, road, and transportation projects. Baclmround: Cities may establish transportation benefit districts to fund capital improvement of city streets and roads. The improvements must be consistent with (1) local and regional transportation plans, (2) required for economic development, and (3) partially funded by local governments or private sources. Creation of the district requires a public hearing and a finding of public interest for formation. The procedure to create a TBD is simple. The City Council must conduct a hearing, and of course give prior notice of the hearing. At the conclusion of the hearing, the City Council may establish a TBD simply by adopting an ordinance. Transportation benefit districts are quasi-municipal corporations with independent taxing authority, including authority to impose taxes and impact fees for construction purposes. The transportation benefit district must include the entire area within each participating jurisdiction. That is, if a transportation benefit district is formed here, it must include all territory within the city limits. The governing body of the TBD is the local legislative authority. In our case the City Council would be the governing authority of the TBD. TBDs may fund projects that are of state-wide or regional significance contained in a state or regional transportation plan. A TBD may spend up to 40% of its revenue on local street improvements. May [1,2007 Re: Transportation Benefit Districts Page 2 2007 Leaislation: The legislation adopted this year specifically grants to TBDs, once formed, the ability to impose a vehicle registration fee up to $20 per vehicle. That may be imposed without a vote ofthe people. With a vote of the people, the fee may be increased to $100 per vehicle. The Department of Licensing administers and collects the fees. In the alternative, the TBD may impose an impact fee on the construction or reconstruction of commercial or industrial buildings, or the development or subdivision of land for commercial purposes. Of the two alternatives, most commentators believe that the vehicle registration fee is most likely to be used. There are limitations. Some of the limitations do not apply to Port Angeles but others do. First, we are not allowed to impose any fees or charges within 180 days of the effective date of this Act, July 22, unless the County by resolution declares that it will not impose those fees. In addition to the $20 vehicle registration fee, which can be imposed without a vote of the people, TBDs may also obtain funding through general obligation bonds, LIDs, development fees, and voter approved levies. The County has the first right to impose the fees authorized by the 2007 legislation. If so, then the money collected by the County is distributed in accordance with an interlocal agreement that must be negotiated between the county and cities within the county. The interlocal agreement is effective when it is approved by the county, and 60% of the cities representing 75% of the population of the cities within the county. The weakness in this is that there is no default position for distribution of the money in the event entities are unable to negotiate an interlocal agreement. In that case, the legislation provides that the TBD may still collect up to the $20 fee, but there is no automatic distribution to cities. "What proiects are eligible for funding: First, the ordinance that establishes a TBD must specify the functions to be performed by that district, and they must be in accordance with the general requirements ofTBDs. In general, this means that the money must be used for a "transportation improvement." The statute defmes that term to mean a project which is identified in both a local transportation plan and a regional transportation plan. If that condition is met, however, the scope is fairly broad and may include investment in new or existing arterials of regional significance, high capacity transportation, and other projects of regional or state-wide significance including transportation demand management. Projects may also include the operation, preservation, and maintenance of those facilities. May 11,2007 Re: Transportation Benefit Districts Page 3 The TBD, as originally contemplated, was designed to carry out a single project and some elements of that remain. One section of the statute requires that the district terminate day-to-day operations within 30 days after completion of the "construction of the transportation improvement or series of improvements authorized by a district." Another section provides that "the ordinance establishing a district shall specify the functions and transportation improvements ... to be exercised or funded ... and that the functions or transportation improvements proposed to be provided or funded by the district may not be expanded beyond those specified in the notice of hearing unless additional notices are made ...." These provisions do place constraints on TBDs. However, there remains enough flexibility to give each TBD a wide scope, and there is nothing to prohibit a city from creating a series of TBDs over time. This memo is intended simply to layout the basic criteria and some of the limitations relating to TBDs. I expect that some of the information contained herein could be used as the basis later for a presentation to the UAC and/or to the City Council. In addition, the information in this memo may spark other questions. In that event I would be happy to discuss this with you or provide additional information. William E. Bloor, City Attorney WEB :dl G:\LEGAL IMEMOS.2007\M.dsenCutl er. Transport.tion Benefit Distri cl.051 007.wpd