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HomeMy WebLinkAboutReg 2010-02-01 COMPLETE AGENDA PACKET ,1 w Tukwila City Council Agenda c o f E k -r R EGULAR MEETING v J Haggerton, Mayor Councilmembers Joe Duffie Joan Hernandez d Steve Lancaster, City Administrator Allan Ekberg Verna Seal 190: Dennis Robertson, Council President Kathy Hougardy De'Sean Quinn Monday, February 1, 2010; 7:00 PM Ord #2273 Res #1707 1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 2. SPECIAL a. Community Oriented Policing Citizens' Advisory Board (COPCAB) Awards PRESENTATIONS and overview of 2009 activities; Jeff Baker, COPCAB Member. b. Flooding History of the Green River; Pat Brodin, Operations Manager. 3. CITIZEN At this time, you are invited to comment on items not included on this agenda COMMENT (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4. CONSENT Approval of Minutes: 1/19/10 (Regular); 1/25/10 (Special). AGENDA Approval of Vouchers. 5. UNFINISHED a. Authorize the Mayor to sign a grant agreement with King County to Pg.1 BUSINESS accept grant funding for a Stream Team Stewardship Training program, in the amount of $22,208.44. (see 1/25/10 CO. W. packet) b. Authorize the Mayor to sign an Interlocal Agreement with King County Pg.3 Solid Waste Division to accept grant funding for the Tukwila Recycling Program, in the amount of $81,069.00. (see 1/25/10 CO. W. packet) c. Authorize the Mayor to sign an agreement with Fehr Peers for Pg.5 transportation modeling for the Transportation Element to the Comprehensive Plan Update, in the amount of $308,479.00. (see 1/25/10 CO. W. packet) 6. NEW An ordinance granting a cable television system franchise extension to Pg.7 BUSINESS Comcast of Washington IV, Incorporated. 7. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 8. MISCELLANEOUS 9. EXECUTIVE SESSION 10. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206 433- 1800/TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us. and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens, but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the fifth Monday of the month unless prior public notification is given. Regular Meetings: The Mayor, elected by the people to a four -year term, presides at all Regular Council meetings held on the first and third Mondays of each month at 7 PM. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings: Council members are elected for a four -year term. The Council president is elected by the Council members to preside at all Committee of the Whole meetings for a one- year term. Committee of the Whole meetings are held the second and fourth Mondays at 7 PM. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during Citizen Comment. Please limit your comments to five minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action of matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed, the Council may discuss the issue among themselves without further public testimony. Council action may be taken at this time or postponed to another date. I CAS NUMBER: 10-007 CATEGORY Discussion Motion Resolution Ordinance Mtg Date 01/25/10 Mtg Date 02/1/10 Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance SPONSOR'S SUMMARY REVIEWED BY MTG. DATE 01/25/10 02/01/10 EXPENDITURE REQUIRED COUNCIL AGENDA SYNOPSIS Meeting Date 01/25/10 02/01/10 Prepared by BM BM Initials Mayor's review ,Council review ITEM INFORMATION ORIGINAL AGENDA DATE: JANUARY 25, 2010 ITEM.NO. AGENDA ITEM TITLE Grant Agreement with King County for Stream Team Stewardship Training Program 1 MTG. DATE I RECORD OF COUNCIL ACTION 01/25/10 Forward to the Next Regular Meeting Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Fire Legal n P&R Police PTV The City Council is being asked to accept a grant award of $22,208.44 to begin an educational program for residents who live on properties that contain sensitive areas, such as wetland, streams and their associated buffers. The goal of the program is to improve wetland /watercourse function and to reduce illegal modifications of sensitive areas by reaching out to property owners and residents. The City is required to provide a match of $2,500. The source of the match will be from the City's Stormwater Utility Fund. COW Mtg. CA &P Cmte F &S Cmte Utilities Cmte Arts Comm. n Parks Comm. DATE: 1/11/10 RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST. IMPACT /FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED $2,500 $10,000 Fund Source: STORMWATER UTILITY FUND Comments: As part of the NPDES program the City allocated $10,000 for public outreach. Transportation Cmte Planning Comm. ATTACHMENTS Informational Memorandum dated 1/7/10 Grant Agreement between the City of Tukwila and King County Minutes from the Community Affairs and Parks Committee meeting of 1/11/10 No Attachments 2 CAS NUMBER: 10-008 AGENDA ITEM TITLE Interlocal Agreement Recycling Grant CATEGORY Z Discussion Z Motion n Resolution Ordinance Bid Award n Public Hearing Other Mtg Date 01/25/10 Mtg Date 2/1/10 Mtg Date Fund Source: Comments: MTG. DATE 1/25/10 MTG. DATE 01/25/10 2/1/10 JO -DOE Meeting Date 01/25/10 02/01/10 COUNCIL AGENDA SYNOPSIS Prepared by 1 M RF RF ITEM INFORMATION ORIGINAL AGENDA DATE: JANUARY 25, 2010 I Mtg Date Initials eview SPONSOR Council I Mayor Adm Svcs DCD Finance Fire n Legal P&R Police n PWI SPONSOR'S The Recycling Program's residential and business assistance activities are completely SUMMARY grant- funded. No General Fund or other City funds are used. Tukwila has received a grant for $81, 069 from the King County Solid Waste Division to implement the Recycling Program to assist residents and businesses from 1/1/10 through 12/31/11. The Council is being asked to authorize the Mayor to sign the interlocal with King County so the City can receive the Waste Reduction /Recycling (W /RR) Grant. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte I 1 Arts Comm. n Parks Comm. Planning Comm. DATE: 1/12/10 RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMIr1hE Unanimous Approval; Forward to Committee of the Whole COST IMPACT /FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED $o KING COUNTY SOLID WASTE DIVISION GRANT FUNDS RECORD OF COUNCIL ACTION Forward to the Next Regular Meeting ATTACHMENTS Informational Memorandum dated 1/6/10 Interlocal Agreement with King County Solid Waste Division Minutes from the Utilities Committee Meeting of 1/12/10 No Attachments ITEM NO. if Council review 5. Mtg Date Mtg Date Mtg Date APPROPRIATION REQUIRED 3 4 CAS NUMBER: 10-009 AGENDA ITEM TITLE 02/01/10 MTG. DATE 01/25/10 02/01/10 1 0- 1 00 c1 No Attachments COUNCIL AGENDA SYNOPSIS Meeting Date prepared by 01/25/10 BG 02/01/10 i;v-BG Mtg Date 01/25/10 Mtg Date 02 /01 /10 Mtg Date Mtg Date Initials ITEM NO. oatncil view I VA Transportation Element to the Comprehensive Plan Update Consultant's Agreement with Fehr and Peers MTG. DATE'_ RECORD OF COUNCIL ACTION 01/25/10 Forward to the Next Regular Meeting ITEM INFORMATION 1 ORIGINAL AGENDA DA I'E: JANUARY 25, 2010 II CATEGORY Discussion Motion n Resolution Ordinance r] Bid Award Public Hearing Other Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs 1 DCD Finance Fire Legal P&'R Police PV Mtg Date SPONSOR'S This consultant contract will provide transportation modeling services in conjunction with SUMMARY the 2011 update to the Transportation Element of the City's Comprehensive Plan. Fehr and Peers (formerly Mirai) has been the same firm that has been maintaining the citywide model providing annual checks on the City's level of service standards, which is also referred to as traffic concurrency. Also included is a review of the traffic impact fees and a street network plan. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. n Planning Comm. DATE: 01/19/10 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $308,479.00 $385,000.00 $0.00 Fund Source: 104 ARTERIAL STREET FUND (PAGE 25, 2010 CIP) Comments: ATTACHMENTS Informational Memorandum dated 01/12/10 Consultant Agreement Energy Efficiency through Transportation Planning grant award letter Minutes from the Transportation Committee meeting of 01/19/10 5 6 CAS NUMBER: 10-010 Fund Source: Comments: 1 MTG. DATE 02/01/10 MTG. DATE 02/01/10 Jo OW COUNCIL AGENDA SiwOPSIS Initials Meeting Date I repared by 1 Mayo eview J Council review 02/01/10 FI I(j2i. /i I 1 ITEM INFORMATION I ORIGINAL AGENDA DATE: FEBRUARY 1, 2010 AGENDA ITEM TITLE Ordinance to extend Comcast's Franchise Agreement to February 1, 2013 and amend Ordinance Nos. 1688 and 2224 CA I'EGORY Discussion (1 Motion Resolution Ordinance Bid Award I I Public Hearing Other Mtg Date 02/01/10 Mtg Date Mtg Date Mtg Date 02/01/10 Mtg Date Mtg Date Mtg Date I SPONSOR U Council Mayor Adm Svcs DCD Finance Fire I .Legal P&R Police PW SPONSOR'S SUMMARY Comcast, formerly Telecommunications, Inc. was granted a 15 -year non exclusive franchise by the City for the construction, operation, and maintenance of a cable system within the City by Ordinance 1688. In February 2009, Ordinance 2224 extended the franchise to February 1, 2010. This ordinance will now extend the franchise to February 1, 2013 and amend Ordinance Nos. 1688 and 2224. REVIEWED BY COW Mtg. n CA&P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. E Parks Comm. n Planning Comm. DATE: 01/26/10 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMI'I"ILE Unanimous Approval; Forward to Regular due to time constraints COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 01/19/10 Ordinance Nos. 1688 2224 Draft Ordinance Minutes from the Utilities Committee meeting of 01/26/10 ITEM No. 7 8 TO: Mayor Haggerton Utilities Committee FROM: Public Works Director DATE: January 19, 2010 SUBJECT: Comcast Franchise Extension ISSUE City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Approve Comcast Cable Franchise Extension and amend Ordinance Numbers 1688 and 2224. BACKGROUND Comcast, formerly Telecommunications Inc. of Seattle was granted a 15 -year non exclusive Franchise by the City for the construction, operation, and maintenance of a cable system within the City by Ordinance No. 1688. On February 2, 2009, the City Council passed Ordinance No. 2224 that extended the Franchise to February 1, 2010. DISCUSSION Throughout the Franchise term, Comcast has been a good business partner and has maintained a professional relationship with the City. Through the Franchise Agreement, the City received significant benefits including the installation of City Institutional Network Fiber Connections, free cable television services at City facilities and City Channel 21. In 2009, staff began the franchise renewal process and joined a consortium of cities that were pursuing cable franchise renewals /extensions. The consortium worked with River Oaks Communications Corporation, a cable consulting firm, to provide technical expertise and support during negotiations with Comcast. After evaluating River Oaks Communications' fee structure and learning that the cities were focusing on 3 -5 year extensions rather than comprehensive renewals, staff pursued direct negotiations with Comcast for an extension of the current Franchise Agreement. Subject to approvals, City and Comcast staff agreed to a three -year extension with the same terms and conditions. A three -year extension provides the City with the following advantages: Potential Cost Savings. A comprehensive franchise renewal would cost approximately $30,000 $40,000 (2010 estimate). In about three years, several neighboring cities would be in the renewal window. The cities could form a consortium, and share the costs associated with a comprehensive franchise renewal. Depending on the number of participants, the City could save several thousand dollars. Cable Legislation. Pending and future Federal Communications Commission (FCC) mandates regarding cable and broadband issues would be integrated into a new comprehensive Franchise Agreement. The Final Draft Franchise Ordinance amends Ordinance Numbers 1688 and 2224 and extends the Franchise term through February 1, 2013. RECOMMENDATION The Council is being asked to approve the Franchise Amendment Ordinance and, due to the expiration date, consider this item at the February 1, 2010 Regular Meeting. Attachments: Ordinance 1688 Ordinance 2224 Final Draft Franchise Amendment Ordnance H.Frank\20101Franchise \Information Memo- Comcast Franchise Amendment 9 10 City of Tukwila Washington Ordinance No. /6 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON EXCLUSIVE FRANCHISE TO TELECOMMUNICATIONS, INC. OF SEA'1'1'LE FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A CABLE SYS'T'EM WITHIN THE CITY LIMITS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECT IVE DA' Z'E. WHEREAS, the City of Tukwila is authorized to grant nonexclusive franchises for the operation of cable systems within the City rights -of -way; and WHEREAS, Telecommunications, Incorporated of Seattle has applied for such a franchise to construct, operate, and maintain a cable system within the jurisdictional boundaries of Tukwila; and WHEREAS, the City has conducted a Community Needs Assessment to determine how such a franchise can best address the existing cable services needs for public access, education, and government within the City; and WHEREAS, a public hearing has been conducted in accordance with the Master Cable Ordinance (Section 4), during which any and all interested parties were allowed to provide statements regarding the grant of the franchise rights contained herein; and WHEREAS, the tern conditions, and obligations provided herein are necessary to protect the safety and welfare of the citizens of Tukwila and provide for the cable services needs of the community; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1: Purpose. This Ordinance, shall establish a non exclusive Franchise, which constitutes an agreement between the City of Tukwila (hereinafter the "City and TCI Seattle, Inc. (hereinafter the "Operator The Operator agrees to construct, maintain, and operate a cable television system for the distribution of television and other electronic signals pursuant to the terms of this Franchise. The City agrees to grant the Operator all necessary rights and privileges to use public rights of way necessary for a cable television system. This agreement shall, as of its effective date, supersede and replace all existing franchises previously granted by the City of Tukwila to the Operator or any of its predecessors, subsidiaries or affiliated companies, and shall incorporate all provisions of Ordinance #/637 the Master Ordinance, which is hereby made a part of this ordinance by this reference. Section 2: Length of Franchise. The length of this Franchise shall be for a term of fifteen (15) years from —2 /1 J /S4" through midnight a2/ 9 Section 3: Service Area. The Operator's service area shall be the entire incorporated area of the City of Tukwila, in its present incorporated form or in any Iater reorganized, consolidated, enlarged, or re incorporated form. Page T 11 12 Section 4: Franchise Fee. The Operator shall pay to the City quarterly, on or before the thirtieth (30th) day of each January, April, July and October, a sum equal to five percent (5 or greater of gross revenues, for the preceding three calendar months, as defined in Ordinance g 7 Revenues that are derived as a portion of a national or regional service shall be computed on a per subscriber basis if such determination cannot be achieved by other means. The City may raise the franchise fee, if so permitted by Federal and State law. Prior to implementation of any increase in franchise fees the Operator may request a public hearing by the City Council to discuss said increases. Following such a hearing the City Council may require the implementation of such increase in accordance with the provisions of this Ordinance. (a) Late Payment. Any quarterly franchise fee not paid by the Operator within thirty (30) days of the end of a quarter shall bear interest at the rate of twelve percent (12 per annum or whatever maximum amount is allowed under State law, whichever is greater, from the due date until paid. (b) Financial Reports. Each franchise fee payment shall be accompanied by a financial report on a form provided by the City showing the basis for the Operator's computation and separately indicating revenues received by the Operator within the City from basic service, pay TV service, other applicable sources of revenue, and such other information directly related to confirming the amount of the Operator's gross revenues as may be reasonably required by the City. (c) Audit by City. The City shall have the right, upon reasonable notice or no less than two (2) working days, to inspect the books and records of the Operator during normal business hours, for the purpose of ascertaining the actual gross revenues collected by the Operator. In the event that such audit discloses a discrepancy of more than ten percent (10 between the financial report submitted by the Operator with a quarterly payment and the actual gross revenues collected by the Operator, the Operator agrees to pay to the City the costs of such audit. In the event that such audit results in a determination that additional franchise fees are due the City, the Operator further agrees to pay any additional franchise fees plus interest as required for late payment on such additional franchise fees, computed from the date on which such additional franchise fees were due and payable. (d) Non waiver. Acceptance of any franchise fee payment by the City shall not be construed as an agreement by the City that the franchise fee paid is in fact the correct amount, nor shall acceptance of payment by the City be construed as a release or waiver of any claim the City may have for further or additional sums payable under the provisions of this Ordinance. (e) Taxes. Nothing in this Section shall limit the Operator's obligation to pay applicable local, State, or Federal taxes. Section 5: Future Provisions The City and the Operator acknowledge that the City should be provided with a cable system that has at least the same general capabilities and capacity as those provided other cities served by the Operator in the King- Pierce Snohomish County area of the State of Washington. The City may, at its discretion, require that the Operator provide such interactive services as addressability, security, computer interaction, banking, shopping, voice and data transmission, High Definition Television (HDTV), fiber optic and other such features, as well as upgrades capable of carrying at least fifty-four (54) channels, within twenty-four (24) months of any of the following occurrences: Provision by the Operator of any of the same services identified above to a preponderance of the system; (a) Within the City of Seattle system; or, (b) Within any community adjacent to Tukwila; or, (c) In forty percent (40 of the municipalities in the King, Pierce, and Snohomish Counties. Notwithstanding the above, the Operator shall complete the upgrade to fifty -four (54) channels, provide the facilities in Section 8 Regional Public Access, and have the capability of implementing these enhanced services within forty-eight (48) months from the effective date of this franchise. Prior to implementation of any such service, the Operator may request a public hearing by the City Council, to discuss the benefits of said features to the citizens of the City. Upon a finding by the City Council that such features are reasonably required to meet community needs, taking into consideration the expense of providing such services and the potential costs to Page 1 subscribers, the City Counc— _nay require the implementation of n features in accord with the provisions of this agreement. If the Council deem it necessary, it may, at its own option by a majority vote, extend the time requirements established in this section. Section 6: Access Channels Upon completion of the upgrade conditions the City shall be provided with three (3) arrPcs channels, one of which shall be capable of broadcasting live from City Hall. The City may initially share a common public access channel with other communities, however, the City may elect, at its option, to provide programming over an individual public access channel for the City's sole use. Additional channels over and above the three (3) designated channels shall be made available for Public access, Education and Government (PEG) or City purposes when any of the three (3) designated channels is in use for access purposes with programming during fifty percent (50 of the hours between 10:00 a.m. and 10:00 p.m., during any consecutive ten (10) week period. The Operator shall, within six (6) months following a request by the City, subject to the restrictions above, provide another designated access channel for this purpose. The Operator shall continue to provide additional channels under the same conditions described above. Programming on additional channels shall be distinct and non repetitive of the previous channel. If additional channels are designated for community use, but, after one year, such channel(s) are not utilized at least twenty-five percent (25 of the hours between 10:00 a.m. and 10:00 p.m. with programming, the access users will, within six (6) months of receiving written notice from the Operator, group their programming into one contiguous block of time of their choosing. The remaining broadcast time on such channel shall then revert to the Operator for its unrestricted use within the terms and conditions of this ordinance. Contributions to PEG access will not be considered in lieu of a franchise fee or other obligations to the City. Section 7: Government Access Eouioment The Operator shall provide, maintain, and install the necessary equipment for local government cablecasting within twelve (12) months of a request of the City, unless extended by mutual written agreement. Such equipment shall not be less in quantity nor equivalent quality than those listed in Appendix A, and all pieces shall be in new or like new condition. Section 8: Regional Public Access The Operator, upon completion of the upgrade or by the expiration of the forty-eight (48) month period as prescribed in Section 5 Future Provisions. shall provide, maintain and operate a regional public access studio to serve South King County at a location mutually agreeable to all parties. Such facilities shall be subject to approval by the City as suitable. Such approval shall not be unreasonably withheld. Section 9: Institutional Networks Upon completion of the cable system upgrade the Operator's system shall have the capability f/of bi- directional Institutional Networks for educational and public safety communications. An entity desiring activation of such feature(s) will provide the City Council demonstrated need of such use. Prior to implementation of any such service the Operator may request a public hearing by the City Council, to. discuss the benefits of said features to the citizens of the City. Upon a finding by the City Council that such features are reasonably required to meet community needs, taking into consideration the expense of providing such services and the potential costs to subscribers, the City Council may require the implementation of such features in accord with the provisions of this agreement. Section 10: Emergency Override Upon completion of the system upgrade subject to the conditions of Section F5, Future Provisions the Operator shall make provisions for an emergency alert system. The Operator shall establish a process which will provide a character generated scroll and will make its best effort to furnish a voice override notifying viewers and listeners of an emergency. Subject to Federal and State laws and regional planning authorities, control of these emergency override facilities shall be the responsibility of the City. The City shall hold Operator, its agents, employees, officers, and assigns harmless from any claims arising out of the emergency use of its transmitting Page 3 13 14 facilities by the City. The City, at its option may elect to share this service with adjoining communities. Section 11: Emereencv Power Operator shall provide a standby power system to automatically activate equipment at the headend and hubs, if applicable, in event of a primary electrical failure. Section 12: Coverage. The City shall be provided with cable television service in the entire Franchise area. If such a condition does not now exist, the Operator shall complete such wiring and be in a position to offer cable reception to all residents within twelve (12) months from the grant of the Franchise. Areas subsequently annexed shall be provided with cable availability within twelve (12) months, subject to the terms in Section F14 Extraordinary Installation. Section 13: Cable Availability Cable service shall not be denied to any group of potential residential cable subscribers because of the income of the residents of the local area in which such group resides. Section 14: Extraordinary Installation All residents requesting cable service and living within one hundred fifty (150) feet of existing cable distribution lines shall have the cable installed at the prevailing published installation rate. In the event a request is made for service and the residence is more than one hundred fifty (150) feet from an existing cable distribution line, such installation shall be completed on a time and material cost basis for that portion of the service line extending beyond one hundred fifty (150) feet. Section 15: Distribution Line Extension Charles Cable Service shall be available to all residents within the City provided there are at least thirty five (35) dwelling units per street mile. In the event a request is made for service by a resident(s) living in an area not meeting such criteria, the Operator shall enter into a contractual agreement with the resident(s) requesting service wherein the Operator shall be reimbursed for its construction costs. Whenever any subsequent subscriber who did not contribute to the original cost of the extension connects to the extended distribution service line, that subscriber shall pay his /her pro rata share directly to the Operator prior to obtaining cable service. The Operator shall then promptly tender such payment to the original subscriber so long as the agreement remains in force. Reimbursement shall be calculated on a front foot basis as a percentage of the total cost of the service line extension. Reimbursements shall be made to the original subscriber for a period of up to five (5) years or to the point when the Operator has recovered its incremental costs to construct the distribution service line. The Operator may, at its option, record its contractual agreement with the original subscriber in the office of the King County Recorder prior to the time any subsequent subscriber connects to the extended service line. Section 16: Public Buildines. The Operator shall provide without charge for installation or monthly rate, basic service, one outlet, and converter, if needed, at such public buildings and schools as specified in Appendix "B" and "C" as well as other such buildings that may be constructed during the period of the Franchise that are passed by cable and within one hundred fifty (150) feet of the trunk or distribution system. Section 17: Penalties. The City shall notify the Operator in writing stating the nature of a perceived deficiency in the operation of the cable system and setting forth the time the Operator will be allowed to rectify such alleged improper condition. The Operator may request an extension of time if construction is suspended or delayed by the City, or where unusual weather, acts of God (e.g. earthquakes, floods, etc.), extraordinary acts of third parties, or other circumstances which are reasonably beyond the control of the Operator, delay progress. Page 4 The Operator shall not, ,hrough its own actions or inaction., substantially contribute to the delay and the amount of time allowed shall be reasonable as determined by the City. The extension of time in any case should not be less than the extent of the actual delay experienced by the Operator in such cases where the City finds that the delay was beyond the control of the Operator. Failure of the Operator to correct these deficiencies, except in those circumstances cited above, may result in the City calling a hearing to determine if penalties should be imposed upon the Operator or if a material violation of the franchise has occurred. If, following such hearing, it is determined by the City Council that the Operator has failed to comply with the schedule set forth in the Franchise, monetary penalties shall be imposed as set forth below for each day beyond thirty (30) days that the Operator has not fulfilled the requirement(s) for: a. Upgrade improvements and regional PEG facilities required by Section 5 Future Provisions and Section 8 Regional Public Access, $200.00 per day; b. Equipment and channels committed by the Operator to the City for access purposes as well as I -Net activation. Sections 6 Access Channels: 7 Government Access Equipment and 9 Institutional Networks, $200.00 per day; or, c. Coverage of annexed areas where such is not completed as required by Section 12 Coverage, $200.00 per day. Any late payment of these penalties shall be subject to the provisions of Section 4 Franchise Fee. subsection (a) Late Payment, contained herein. Monetary penalties may be assessed retroactive to the date that notification was provided to the Operator in such cases where the Operator has been non responsive in correcting the situation or in the case of flagrant violations. Termination of the Franchise pursuant to the procedure outlined in Section 32 Removal Abandonment of Property of. Franchisee of Ordinance No./ 017 may be imposed for any violation of one or more of the above listed items. The Operator and the City agree that any of the above described violations, unless excused, or not corrected by the Operator within the time allotted, shall constitute failure to comply with a material provision of the Franchise. No penalty, bond, forfeiture, or termination shall be imposed for delays where such delays are the result of causes beyond the reasonable control and /or without substantial fault or negligence of the Operator, as reasonably determined by the City. Section 18: Independent Contractors. This agreement shall not be construed to provide that the Operator is the agent or legal representative of the City for any purpose whatsoever. The Operator is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of the City or to bind the City in any manner or thing whatsoever. Section 19: Entire Agreement. This agreement, including the Master Cable Ordinance and exhibits that are attached hereto and incorporated herein by reference represents all of the covenants, promises, agreements, and conditions, both oral and written, between the parties. However, the City reserves the right to waive any of these sections without affecting the applicability of other sections not so specifically waived. Waiver of any Franchise requirement or Ordinance Sections by the City shall be in writing in order to be effective. Section 20: Successors or Assigns. This Franchise Agreement, including all addenda, and the City's Master Cable Ordinance shall be binding on the Operator, its heirs, successors, and assigns. Section 21: Acceptance. This grant of Franchise and its terms and provisions shall be accepted by the Operator by the submission of a written instrument, executed and sworn to by a corporate officer of the Operator before a Notary Public, and filed with the City Clerk within sixty (60) days after the effective date of this Franchise. Such instrument shall evidence the unconditional acceptance of this Franchise and the promise to comply with and abide by all its provisions, terms and conditions. Page 5 15 16 Se:tinn 22: Effective Date. This Ordinance shall take effect five (5) days from the date of publication, following adoption by City Council. The Franchise granted by this Ordinance shall not become effective until the Operator files written acceptance thereof. Section 23: Severability. Each section, subsection or other portion of this Ordinance shall be severable and the invalidity of any section, subsection, or other portion shall not invalidate the remainder. Section 24: Notice. Written notices shall be deemed to have been duly served if delivered in person to the individual or entity for whom it was intended, or if delivered at or sent by registered or certified United States mail to the last business address known to the party who gives the notice. All notices and requests shall be addressed to the City of Tukwila and the Operator as follows: CITY: OPERATOR: ADDITIONAL NOTICE: TCI of Washington, Inc. Attn: Legal Department P.O. Box 5630 Terminal Annex Denver, CO 80217 PASSED BY THE CITY COUNL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this o15 day of h ,1994. ATTEST /AUTHENTICATED: A C antu, City Clerk APPROVED AS TO FORM: franchis.doc City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 TCI Seattle, Inc. 15241 Pacific Hwy. S. Seattle, WA 98188 W. Rants, Mayor Office of the City Attorney FILED WITH THE CITY CLERK: /7= Y PASSED BY THE CITY COUNCIL: I/°2 q r/ PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: /66 g 8 Page 6 Washington Ordinance No. 1/ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; AMENDING ORDINANCE NO. 1688, SECTION 2, LENGTH OF FRANCHISE, TO GRANT A CABLE TELEVISION SYSTEM FRANCHISE EXTENSION TO COMCAST OF WASHINGTON IV, INCORPORATED; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on January 24, 1994, the City of Tukwila passed Ordinance No. 1688, which went into effect on February 2, 1994, granting a 15 -year, non exclusive Franchise to construct, operate, and maintain a cable system within the City rights -of -way, to Telecommunications Incorporated of Seattle (TCI); and WHEREAS, the legal name of the cable system operator changed from TCI to Comcast of Washington IV, Incorporated (Comcast); and WHEREAS, the City has determined the need for a one -year extension to evaluate Comcast's franchise renewal proposal, and complete negotiations; and WHEREAS, neither party waives any right which it enjoys under law as a result of agreeing to this extension; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Length of Franchise Extended. Ordinance No. 1688, dated January 24, 1994, which grants a Franchise to Comcast of Washington IV, Incorporated, and sets forth the terms and conditions of said Franchise to construct, operate, and maintain a cable system within Tukwila City limits, is hereby amended by granting a one -year extension to extend the Iength of the Franchise to a term of 16 years, from February 2, 1994 through 12:00 midnight, February 1, 2010. Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. Section 4. Written Acceptance. Comcast shall accept this ordinance in its entirety in writing within 30 days of the effective date. Failure to provide written acceptance within such time shall render this ordinance voidable. PASSED BY THE CITY CQUNNIL Regular Meeting thereof this .c' ATTEST /AUTHENTICATED: i 4 °c.,� P' Gtr t Christy O'Flaherty, CMC, City Clerk APPROV C ORM BY: P1 Offi of the I Att&rney City of Tukwila OF THE CITY OF TUKWILA, WASHINGTON, at a day of C. biu(C;, c t 2009. a gger ton ied with the City Clerk: 1 r (T c j Passed by the City Council: 1. ci Published: C• Effective Date: I f .mil Ordinance Number: i.( C Documen ts and Settings \All Users Desktop Kelly MSDATA Ordinances Comcast Franchise.doc 1/28/2009 Page 1 of 1 17 18 Ci of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1688 §2 AND 2224 §1, "LENGTH OF FRANCHISE," TO GRANT A CABLE TELEVISION SYSTEM FRANCHISE EXTENSION TO COMCAST OF WASHINGTON IV, INCORPORATED; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on February 2, 1994, the City of Tukwila (the "City passed Ordinance No. 1688, granting a 15 -year, non exclusive franchise to construct, operate and maintain a cable system within the City rights -of -way to Telecommunications Incorporated of Seattle (TCI); and WHEREAS, the legal name of the cable system operator changed from TCI to Comcast of Washington IV, Incorporated (Comcast); and WHEREAS, on February 2, 2009, the City passed Ordinance No. 2224, which amended Ordinance No. 1688 and granted a one -year extension of the franchise through February 1, 2010; and WHEREAS, the City has determined that a comprehensive cable franchise agreement renewal would require technical resources and a financial commitment of approximately $30,000 to $40,000; and WHEREAS, the City has determined that a three -year franchise extension would significantly reduce the City's financial commitment by partnering and sharing the costs for a comprehensive cable franchise renewal with several municipalities; and WHEREAS, neither party waives any right which it enjoys under law as a result of agreeing to this extension; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Length of Franchise Extended. Ordinance No. 1688, dated January 24, 1994, which granted a franchise to Comcast of Washington IV, Incorporated and sets forth the terms and conditions of said franchise to construct, operate and maintain a cable system within Tukwila City limits, and Ordinance No. 2224. dated February 2, 2009, which granted a one -year extension to February 1. 2010, are hereby amended by granting a three -year extension to extend the length of the franchise to a term of 19 years, from February 2, 1994 through 12:00 midnight. February 1, 2013. Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. W: \Word Processing \Ordinances \Comcast Franchise 2010.docx Fl:ksn 1/27/2010 Page 1 of 2 19 20 Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. Section 4. Written Acceptance. Comcast shall accept this ordinance in its entirety in writing within 30 days of the effective date. Failure to provide written acceptance within such time shall render this ordinance voidable. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W: \Word Processing Ordinances \Comcast Franchise 2010.docx Ftksn 1/27/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2 of 2 UTILITIES COMMITTEE Meeting Minutes January 26, 2010 5:00 p.m. Conference Room #1 I. PRESENTATIONS No Presentations City of Tukwila Utilities Committee PRESENT Councilmembers: Kathy Hougardy, Chair; Joe Duffie and Allan Ekberg Staff: Bob Giberson, Frank Iriarte, Greg Villanueva, Ryan Larsen, Gail Labanara, Robin Tischmak, Mary Miotke, Shawn Hunstock, Derek Speck, Steve Lancaster and Kimberly Matej CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:03 p.m. II. BUSINESS AGENDA A. Comcast Franchise Extension Staff is seeking full Council approval to amend Ordinances Numbers 1688 and 2224, extending the current Comcast Franchise Agreement for an additional three years. Last year, the City extended its contract for one year in order to work on terms and conditions of a new contract with Comcast. After working with a consortium of cities it was determined that many were merely seeking contract extensions at this time, and contract renewals in the next few years. It is in the best interest of the City to wait until several neighboring cities are seeking renewal and then a consortium can be formed. With a consortium of cities, costs can be shared and staff is hopeful some pending communications legislation will be finalized for incorporation into a new franchise agreement. The current extension is set to expire on February 1, 2010. The three year extension will expire on February 1, 2013. Terms and conditions of the contract remain the same. Due to the current agreement expiring on February 1, 2010, staff is requesting this item go directly to the February 1 Regular meeting for consideration and action. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 1 REGULAR MEETING FOR DISCUSSION. B. NPDES Surface Water Education Survey At the January 12 Utilities Committee meeting, staff reported that the NPDES permit requires that municipalities conduct an educational survey to determine consumer awareness of surface water systems and water quality. Staff identified a sampling of 1,000 residential surface water customers in a specific zip code to receive the survey in their surface water bills. The intent is for customers to complete the survey and return it with their surface water payment. Several completed surveys have already been received. The surveys were included in bills sent out on January 22. INFORMATION ONLY. C. Utility Billing Refunds and Back Bill Policy As an information only item, staff reported on a new policy that will be implemented regarding utility service billing refunds and back bills. Currently, there is no City policy or ordinance that addresses the refunding and /or back billing for utility services that have been over or under charged. This policy was developed by recommendation of the City Attorney and was based on the need for a clear, definitive, consistent process for these circumstances. The 21 22 Tentative Agenda Schedule MONTH February 1 15 Presidents Day (City offices closed) March April 5 MEETING 1 MEETING 2 MEETING 3 MEETING 4 REGULAR C.O.W. REGULAR C.O.W. See agenda packet cover sheet for this week's agenda (February 1, 2010 Regular Meeting) 1 8 Special Presentation: State of the Municipal Court (Kimberly Walden, Municipal Court Judge 8 Special Issues: Ordinance updating regulations regarding surface water management, as codified at Tukwila Municipal Code Chapter 14.30. Ordinance establishing new regulations regarding the stormwater sewer system, to be codified at Tukwila Municipal Code Chapter 14.31. Tukwila Transit Center and Andover Park West design report and siting decision 16 (Tuesday) 22 Unfinished Business: Ordinance updating regulations regarding surface water management, as codified at Tukwila Municipal Code Chapter 14.30. Ordinance establishing new regulations regarding the stormwater sewer system, to be codified at Tukwila Municipal Code Chapter 14.31 Tukwila Transit Center and Andover Park West design report and siting decision 15 22 12 19 26 COMMITTEE OF THE WHOLE MEETING TO BE FOLLOWED BY A SPECIAL MEETING 23 24 1st (Monday) 2nd (Tuesday) 3rd (Wednesday) 4th (Thursday) 5th (Friday) 6th (Saturday) D Transportation D Chamber of D Sister City Cmte, Equity Crate, Commerce Gov't. 5:30 PM Diversity 5:00 PM Community (CR #3) Commission, (CR #1) Affairs Cmte., 5:15 PM 12:00 NOON (CR #3) (Chamber Office) Civil Service Commission, 5:00 PM (CR #3) "A View of Tukwila" Expressed through paintings from the 2009 Tukwila Plein Air Paint Out City Council Regular Mtg., 7:00 PM (Council Chambers) Arts Day in Olympia, and Artist Reception hosted by the Tukwila Arts Commission 4:00 to 6:00 PM (Representative Zack Hudgins' office) Call 206- 767 -2342 for more information. Finance Safety Cmte, 5:00 PM (CR #3) Arts C_ CANCELLED 8th (Monday) 9th (Tuesday) Community Affairs Parks Cmte, 5: 00 PM (CR #3) City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) Utilities Cmte, 5:00 PM (CR #1) D Tukwila International Boulevard Action Cmte, 7:00 PM (Community Center) Tukwila School District Technology Levy Election Q VOTE! Upcoming Meetings Events FEBRUARY 2010 FREE Local Hoop Shoot Free throw shooting contest open to boys girls ages 5 to 14. (Warm -ups begin at 5:30 PM; contest starts at 6:00.) FREE Local Hot Spot Competition Open to boys girls ages 7 to 14. (Starts at 7:00 PM) Both events will be held at Tukwila Community Center. Call 206 768 -2822 for more info. Court Volunteer Work Party North Wind's Weir Restoration Planting 10:00 AM 2:00 PM (At "the big dig" across S. 112th from Boeing Duwamish Towers; 2914 S. 112th) First day of planting trees and shrubs in this estuary habitat for young salmon. Soil is sandy, and rock and root free! All tools provided. ":3V ti Contact Dhira Brown, People for Puget Sound, 206 -382 -7007, ext. 182, restoration@ pugetsound.org For more information on restoration projects: www.govlink.org/ watersheds /9/ plan implementation/ SRFB northwinds.aspx 10th (Wednesday) 1 lth (Thursday) 12th (Friday) 13th (Saturday) Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices. Contact Nancy Hinthorne at 206 -575 -1633. City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room #3. Contact Bev Willison at 206- 433 -1844. Equity Diversity Commission: 1st Thurs., 5:15 PM, Conf. Room #3. Contact Kimberly Matej at 206- 433 -1834. Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room #3. Agenda items for 2/2/10 meeting: (A) Hazard mitigation plan. (B) Grant award for energy upgrades to City facilities. (C) Bond ordinance for the Valley Communications Center Develop- ment Authority. (D) Update on utility billing refunds and back billings policy. (E) Sales tax report. (F) Pre retreat budget review. Sister City Committee: 1st Wed., 5:30 PM, Conf, Room #3. Contact Bev Willison at 206- 433 -1844. Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room #1. Agenda items for 2/1/10 meeting: (A) 2009 /2010 Overlay Repair Program project completion and acceptance. (B) 2010 transportation stimulus funds. (C) Pre retreat budget review. Court Busy Court and /or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).