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HomeMy WebLinkAboutCouncil 03/23/2009AGENDA RENTON CITY COUNCIL REGULAR MEETING Monday, March 23, 2009 7:00 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATION: King County Parks — Lake to Sound Regional Trail Study 4. ADMINISTRATIVE REPORT 5. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 3/16/2009. Council concur. b. Administrative, Judicial, and Legal Services Department recommends approval of an ordinance amending and extending the Comcast Cable television franchise through 2013. Council concur c. Human Resources and Risk Management Department recommends approval of the reclassification of one position in the Public Works Department from Engineering Specialist III (Grade a23) to Civil Engineer III (Grade a28), effective January 1, 2009, with no additional budget appropriation required. Refer to Finance Committee. 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topic may be held by the Chair if further review is necessary. Finance Committee: Vouchers; Community Services Department Fee Waivers. 8. RESOLUTIONS AND ORDINANCES Ordinance for first readin&. Amending and extending the Comcast Cable TV franchise through 9/13/2013. (See 6.b.) Ordinance for second and final reading: Extending validity periods of land use applications (1st reading 3/16/2009) 9. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 10. AUDIENCE COMMENT 11. ADJOURNMENT (CONTINUED ON REVERSE SIDE) COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) 7TH FLOOR CONFERENCING CENTER Monday, March 23, 2009 6:00 p.m. Howard Hanson Dam/Green River Flooding Issues — Tabletop Exercise • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE- CABLECAST TUES. & THURS. AT 11 AM & 9 PM, WED. & FRI. AT 9 AM & 7 PM AND SAT. & SUN. AT I PM & 9 PM CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. AJLS/Mayor's Office Staff Contact...... Marty Wine, Asst. CAO (x6526) Subject: Amending the franchise for Comcast to operate a cable communication system within the City of Renton Exhibits: Ordinance amending cable communication franchise Al #:-42-0,—� For Agenda of: March 23, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... Recommended Action: Approvals: Council concur Legal Dept ......... X Finance Dept ...... X Other ............... Fiscal Impact: Expenditure Required... $40,000 Transfer/Amendment....... Amount Budgeted....... $40,000 (Fund 127) Revenue Generated...... $47,800 (est. half year) Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Amends Council action taken on September 8, 2008. At that time, Council conducted the required public hearing and approved an ordinance to amend Comcast's cable television franchise with the City of Renton. Changes to the franchise include: extending the agreement for five years (to 2013); changing sections relating to technical audit; and authorizing a Public -Educational - Governmental (PEG) fee in Ordinance 4412. The PEG fee was authorized to update the video playback and other equipment and lighting to maintain the City's governmental cable channel operation. Since 2008, through continued negotiations, the City and Comcast have reached further agreement to extend a fiberoptic cable connection to the City's Liberty Park Community Building at Comcast's cost (up to $10,000); and shorten the amount of time it takes the cable operator to bring local PEG cable television channels (Channel 21) to newly annexed areas. This ordinance repeals the 2008 actions, reauthorizes the provisions listed above, including the extension to city facilities and annexation area provisions. STAFF RECOMMENDATION: Extend Comcast's cable television franchise through 2013 and present the ordinance for first /�/ Rentomiet/agnbill/ bh r• CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING ORDINANCE NO. 4412, GRANTING TO TCI SEATTLE, INC., A FRANCHISE TO OPERATE A CABLE COMMUNICATION SYSTEM WITHIN THE CITY OF RENTON AND REPEALING ORDINANCE NO.5410. WHEREAS, the City of Renton, Washington ("City") granted by Ordinance No. 4412, a Franchise to TCI Seattle, Inc., to provide a cable television system on August 9, 1993; and WHEREAS, the Franchise was acquired through succession by Comcast of Washington IV & Comcast of California/Colorado/Washington I, Inc. ("Comcast" or "Operator"); and WHEREAS, the Franchise is due to expire on midnight, September 13, 2008; and WHEREAS, Comcast and the City have engaged in negotiations concerning the renewal of the Franchise and other disputes and are in agreement concerning certain issues; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 2, Length of Franchise, of the Franchise Agreement embodied in Ordinance No. 4412, is hereby amended to read as follows: Section 2: Length of Franchise. This Franchise shall expire on midnight, September 13, 2013. SECTION II. Section 5, Future Provisions, of the Franchise Agreement embodied in Ordinance No. 4412, is hereby amended by adding to it the following language at the end of the current Section 5: 1 Technical Audit. .y Comcast shall annually provide to the City a certification signed by its Vice President of Engineering for the State of Washington, or other senior engineer as agreed upon by the City, certifying that its policies and procedures comply with all applicable laws and codes and that all known maintenance issues have been repaired in compliance therewith. Comcast will provide a letter confirming the following: Comcast has reviewed the Technical Review and Audit of the Comcast Cable System Serving Renton, WA (the "Technical Audit"), by CBG Communications, Inc., dated June 2007, and further confirms that Comcast has corrected all of the performance issues and alleged City Code violations cited (including the alleged NEC and NESC code violations) in the Technical Audit. SECTION III. Section 6, Access Channels, of the Franchise Agreement embodied in Ordinance No. 4412, is hereby amended by deleting the last paragraph of Section 6 and replacing it with the following language: PEG Support. Upon the effective date of this Amendment, the Operator shall pay to the City on a quarterly basis, at the same time as the franchise fee, $0.19 per subscriber per month (the "PEG Fee") for PEG capital purposes from all subscribers paying for cable service. To the extent permitted by applicable law, the PEG Fee may be itemized on Subscriber billing statements. The PEG Fee shall not be treated as franchise fees for purposes of 47 U.S.C. § 542 or any other 2 13 I' purpose, and shall at no time be offset or deducted from franchise fee payments made to the City under this franchise or applicable law. In the event any payment required by paragraph 1(a) is not made on or before the required date, the Operator shall pay, during the period such unpaid amount is owed, additional compensation and interest charges computed from such due date, at an annual rate of ten percent (10%). Any interest or penalties imposed hereunder shall not be treated as franchise fees for purposes of 47 U.S.C. § 542 or any other purpose, and shall at no time be offset or deducted from franchise fee payments made to the City under this franchise or applicable law. SECTION IV. Section 8, Institutional Networks, of the Franchise Agreement embodied in Ordinance No. 4412, is hereby deleted. The City and Operator have entered into a separate lease agreement regarding the Institutional Network. SECTION V. Section 11, Coverage, of the Franchise Agreement embodied in Ordinance No. 4412, is hereby amended by deleting the last sentence of Section 11 and replacing it with the following language: Areas subsequently annexed shall be provided with cable availability within twelve (12) months of Council Approval of the annexation and written notice to the Operator, subject to the terms in Section 13 Extraordinary Installation. SECTION VI. Section 15, Public Buildings, of the Franchise Agreement embodied in Ordinance No. 4412, is hereby amended by adding the following language to the end of Section 15: Notwithstanding Exhibit B, Operator shall provide without charge for installation or monthly rate, basic service, one outlet, and converter, if needed, to Liberty Park 3 Community Building, 1101 Bronson Way North, Renton, WA 98057, and the City Library, 100 Mill Avenue S., Renton, WA 98057, provided the City approve the use of the City Library for routing the cable plant to the Liberty Park Community Building. SECTION VII. The Franchise Agreement embodied in Ordinance No. 4412, is hereby amended by adding a new Section 23 entitled "Competitive Equity" and to read as follows: Section 23: Competitive Equity. (a) Any franchise granted pursuant to this Chapter shall be nonexclusive and shall not preclude the City from granting other or further franchises or permits or preclude the City from using any roads, rights -of - way, streets, or other public properties or affect its jurisdiction over them or any part of them, or limit the full power of the City to make such changes, as the City shall deem necessary, including the dedication, establishment, maintenance and improvement of all new rights -of -way and thoroughfares and other public properties. The City reserves the right to grant one (1) or more additional franchises. The City shall amend a franchise, as requested by the franchisee, if it grants additional franchises or similar authorizations that contain material terms or conditions which are substantially more favorable or less burdensome to the competitive entity than the material terms and conditions herein. A word for word identical franchise or authorization for a competitive entity is not required so long as the regulatory and financial burdens on each entity are generally equivalent taking into account any difference in the number of subscribers served, the number of PEG channels E .V r and aggregate support provided, the level of fees and taxes imposed, the term of the franchise, and all other circumstances affecting the relative burdens. (b) Notwithstanding any provision to the contrary, at any time prior to the commencement of a franchisee's thirty-six (36) month renewal window provided by Section 626 of the Cable Act, that a non -wireless facilities based entity, legally authorized by state or federal law, makes available for purchase by Subscribers or customers, Cable Services or multiple channels of Video Programming within the Franchise Area without a franchise or other similar lawful authorization granted by the City, then a franchisee shall have a right to request Franchise amendments that relieve the franchisee of regulatory burdens that create a competitive disadvantage to the franchisee. In requesting amendments, the franchisee shall file a petition seeking to amend the franchise. Such petition shall: (1) indicate the presence of such wireline competitor; and (2) identify all material terms or conditions which are substantially more favorable or less burdensome to the competitive entity. The City shall act on the petition within 120 days. (c) In the event an application for a new cable television franchise is filed with the City proposing to serve the franchise area, in whole or in part, the City shall notify all existing franchisees. SECTION VIII. This Amendment to the Franchise and its terms and provisions shall be accepted by Comcast by the submission of a written instrument, executed and sworn to by a corporate officer of Comcast before a Notary Public, and filed with the City Clerk within sixty (60) days after the effective date of this Ordinance. Such instrument shall evidence the R unconditional acceptance of this Amendment to the Franchise and the promise to comply with and abide by all its provisions, terms and conditions. SECTION IX. Ordinance No. 5410 is hereby repealed. SECTION X. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1543 :3/ 16/09: scr Bonnie Walton, City Clerk day of , 2009. Denis Law, Mayor 2009. 2 r CITY OF RENTON COUNCIL AGENDA BILL Al #: & C Submitting Data: Dept/Div/Board.. Human Resources/ Risk Management Staff Contact...... Nancy Carlson Subject: Position Reclassification effective January 1, 2009. Issue Paper and Fiscal Cost. or March 23, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . Recommended Action: Approvals: Legal Dept......... Refer to Finance Committee. Finance Dept ...... X Other ............... Fiscal Impact: Expenditure Required... $5,496 additional cost to Transfer/Amendment....... be absorbed by 2009 Water Utility budget. Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Current and Proposed Title Current New Budget Grade Grade Change 2009 Engineering Specialist III reclassified to Civil a23 a28 $5,496 Engineer III Expenditure Required $5,496 The Engineering Specialist III and the Civil Engineer III positions were originally submitted for review as part of the 2009 Reclassification process. These reclassification requests were put on hold, however, due to the HR Answers, Inc., Study regarding the Civil Engineer and Engineering Specialist positions. STAFF RECOMMENDATION: Approve salary adjustment for current employee only. There are sufficient funds in the 2009 Water Utility Operations budget for intermittent wages to cover the additional cost of this reclassification and salary adjustment in 2009. If approved, the recommendation will be effective for January 1, 2009. Rentonnet/agnbill/ bh .I Z�cY a- 1 DATE: TO: VIA: -� FROM: STAFF CONTACT: SUBJECT: BACKGROUND HUMAN RESOURCES/ RISK MANAGEMENT DEPARTMENT M E M O R A N D U M March 17, 2009 Randy Corman, Council President Members of the Renton City Council Denis Law, Mayor Nancy A. Carlson, HR & RM Administrator Eileen Flott, HR Manager Janelle Tarasewicz, HR Analyst 2009 Reclassification Adjustments: Civil Engineer and Engineering Specialist Study The Engineering Specialist III and the Civil Engineer III positions were originally submitted for review as part of the 2009 Reclassification process. These reclassification requests were put on hold, however, due to the HR Answers, Inc., Study regarding the Civil Engineer and Engineering Specialist classifications. If approved, the recommended salary adjustments contained in this report would be effective on January 1, 2009. The salary analysis affects positions in the Public Works Departments. We processed four reviews and are recommending one for a salary adjustment and classification change effective for January 2009. The result of this review process, if approved, will provide a salary adjustment for one employee. Salary adjustments are based upon internal equity. The cost of implementation during FY 2009 is approximately $5,496, excluding salary related benefits. If approved, the costs for the reclassifications will be absorbed by the 2009 budget. RECOMMENDATION Engineering Specialist III (Local 2170, grade a2D: Three incumbents in this classification submitted reclassification requests. The duties and responsibilities have not changed significantly for two of these three incumbents and it is our recommendation that these two positions remain in grade a23. For the remaining incumbent, the duties and responsibilities have changed significantly and more closely match those of the Civil Engineer III position. It is for this reason that our recommendation is to reclassify the remaining Engineering Specialist III position to a Civil Engineer III with a salary increase to grade a28. Civil Engineer III Local 2170, grade a28): The duties and responsibilities have not changed significantly. It is our recommendation that the position remain in grade a28. JANUARY 2009 RECLASSIFICATION ADDITIONAL COSTS PUBLIC WORKS DEPARTMENT Weygandt, Andrew Engineering Specialist III $ 71,340;00 $ 76,836.00 $ 5,496.00 From a23D to a28C Civil Engineer III, grade a28 Aesquivel, Benigno Engineering Specialist III $ 74,904.00 $ 74,904.00 $ - Current grade, a23E No change. Cavanaugh, Robert Civil Engineer III $ 84,732.00 $ 84,732.00 $ - Current grade, a28E No change. Mar, Ronald Engineering Specialist III $ 74,904.00 1 $ 74,904.00 $ - Current grade, a23E No change. TOTAL UTILITIES1 $ 305,880.00 1 $ 311,376.00 $ 5,496.00 PUBLIC WORKS GRAND TOTAL $ 305,880.00 $ 311,376.00 $ 5,496.00 Andrew Weygandt_Anticipated Cost 2009.x1s Public_Works Page 1 03/17/2009 I CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING ORDINANCE NO. 4412, GRANTING TO TCI SEATTLE, INC., A FRANCHISE TO OPERATE A CABLE COMMUNICATION SYSTEM WITHIN THE CITY OF RENTON AND REPEALING ORDINANCE NO.5410. WHEREAS, the City of Renton, Washington ("City") granted by Ordinance No. 4412, a Franchise to TCI Seattle, Inc., to provide a cable television system on August 9, 1993; and WHEREAS, the Franchise was acquired through succession by Comcast of Washington IV & Comcast of California/Colorado/Washington I, Inc. ("Comcast" or "Operator"); and WHEREAS, the Franchise is due to expire on midnight, September 13, 2008; and WHEREAS, Comcast and the City have engaged in negotiations concerning the renewal of the Franchise and other disputes and are in agreement concerning certain issues; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 2, Length of Franchise, of the Franchise Agreement embodied in Ordinance No. 4412, is hereby amended to read as follows: Section 2: Length of Franchise. This Franchise shall expire on midnight, September 13, 2013. SECTION II. Section 5, Future Provisions, of the Franchise Agreement embodied in Ordinance No. 4412, is hereby amended by adding to it the following language at the end of the current Section 5: 1 Technical Audit. Comcast shall annually provide to the City a certification signed by its Vice President of Engineering for the State of Washington, or other senior engineer as agreed upon by the City, certifying that its policies and procedures comply with all applicable laws and codes and that all known maintenance issues have been repaired in compliance therewith. Comcast will provide a letter confirming the following: Comcast has reviewed the Technical Review and Audit of the Comcast Cable System Serving Renton, WA (the "Technical Audit"), by CBG Communications, Inc., dated June 2007, and further confirms that Comcast has corrected all of the performance issues and alleged City Code violations cited (including the alleged NEC and NESC code violations) in the Technical Audit. SECTION III. Section 6, Access Channels, of the Franchise Agreement embodied in Ordinance No. 4412, is hereby amended by deleting the last paragraph of Section 6 and replacing it with the following language: PEG Support. Upon the effective date of this Amendment, the Operator shall pay to the City on a quarterly basis, at the same time as the franchise fee, $0.19 per subscriber per month (the "PEG Fee") for PEG capital purposes from all subscribers paying for cable service. To the extent permitted by applicable law, the PEG Fee may be itemized on Subscriber billing statements. The PEG Fee shall not be treated as franchise fees for purposes of 47 U.S.C. § 542 or any other 2 purpose, and shall at no time be offset or deducted from franchise fee payments made to the City under this franchise or applicable law. In the event any payment required by paragraph l (a) is not made on or before the required date, the Operator shall pay, during the period such unpaid amount is owed, additional compensation and interest charges computed from such due date, at an annual rate of ten percent (10%). Any interest or penalties imposed hereunder shall not be treated as franchise fees for purposes of 47 U.S.C. § 542 or any other purpose, and shall at no time be offset or deducted from franchise fee payments made to the City under this franchise or applicable law. SECTION IV. Section 8, Institutional Networks, of the Franchise Agreement embodied in Ordinance No. 4412, is hereby deleted. The City and Operator have entered into a separate lease agreement regarding the Institutional Network. SECTION V. Section 11, Coverage, of the Franchise Agreement embodied in Ordinance No. 4412, is hereby amended by deleting the last sentence of Section 11 and replacing it with the following language: Areas subsequently annexed shall be provided with cable availability within twelve (12) months of Council Approval of the annexation and written notice to the Operator, subject to the terms in Section 13 Extraordinary Installation. SECTION VI. Section 15, Public Buildings, of the Franchise Agreement embodied in Ordinance No. 4412, is hereby amended by adding the following language to the end of Section 15: Notwithstanding Exhibit B, Operator shall provide without charge for installation or monthly rate, basic service, one outlet, and converter, if needed, to Liberty Park 3 Community Building, 1101 Bronson Way North, Renton, WA 98057, and the City Library, 100 Mill Avenue S., Renton, WA 98057, provided the City approve the use of the City Library for routing the cable plant to the Liberty Park Community Building. SECTION VII. The Franchise Agreement embodied in Ordinance No. 4412, is hereby amended by adding a new Section 23 entitled "Competitive Equity" and to read as follows: Section 23: Competitive Equity. (a) Any franchise granted pursuant to this Chapter shall be nonexclusive and shall not preclude the City from granting other or further franchises or permits or preclude the City from using any roads, rights -of - way, streets, or other public properties or affect its jurisdiction over them or any part of them, or limit the full power of the City to make such changes, as the City shall deem necessary, including the dedication, establishment, maintenance and improvement of all new rights -of -way and thoroughfares and other public properties. The City reserves the right to grant one (1) or more additional franchises. The City shall amend a franchise, as requested by the franchisee, if it grants additional franchises or similar authorizations that contain material terms or conditions which are substantially more favorable or less burdensome to the competitive entity than the material terms and conditions herein. A word for word identical franchise or authorization for a competitive entity is not required so long as the regulatory and financial burdens on each entity are generally equivalent taking into account any difference in the number of subscribers served, the number of PEG channels C! support provided, the level of fees and taxes imposed, the term of the franchise, and all other circumstances affecting the relative burdens. (b) Notwithstanding any provision to the contrary, at any time prior to the commencement of a franchisee's thirty-six (36) month renewal window provided by Section 626 of the Cable Act, that a non -wireless facilities based entity, legally authorized by state or federal law, makes available for purchase by Subscribers or customers, Cable Services or multiple channels of Video Programming within the Franchise Area without a franchise or other similar lawful authorization granted by the City, then a franchisee shall have a right to request Franchise amendments that relieve the franchisee of regulatory burdens that create a competitive disadvantage to the franchisee. In requesting amendments, the franchisee shall file a petition seeking to amend the franchise. Such petition shall: (1) indicate the presence of such wireline competitor; and (2) identify all material terms or conditions which are substantially more favorable or less burdensome to the competitive entity. The City shall act on the petition within 120 days. (c) In the event an application for a new cable television franchise is filed with the City proposing to serve the franchise area, in whole or in part, the City shall notify all existing franchisees. SECTION VIII. This Amendment to the Franchise and its terms and provisions shall be accepted by Comcast by the submission of a written instrument, executed and sworn to by a corporate officer of Comcast before a Notary Public, and filed with the City Clerk within sixty (60) days after the effective date of this Ordinance. Such instrument shall evidence the 5 S i unconditional acceptance of this Amendment to the Franchise and the promise to comply with and abide by all its provisions, terms and conditions. SECTION IX. Ordinance No. 5410 is hereby repealed. SECTION X. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1543 : 3/ 16/09: scr Bonnie Walton, City Clerk day of Denis Law, Mayor 2009. 2009. no