The URL can be used to link to this page

Council PKT 01-21-2003 Regular City of Federal Way City Council Meeting AGENDA CO UN CILMEMBERS Jeanne Burbidge, Mayor Eric Faison Dean McColgan Mary Gates Mike Park Linda Kochmar Jack Dovey CITY MANAGER David H. Moseley Office of the City Clerk January 21, 2003 AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall January 21, 2003 !"'"'".c.fJe1c,:al",'gL,,QUS! ***** Receptionfor City Council Position #5 Appointee - 6:30 p.rn. ***** Regular Meeting - 7:00 p.m. I. CALL MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. SWEARING-IN CEREMONY Councilmember Jack Dovey, City Council Position #5 Appointee IV. PRESENTATIONS a. b. Proclamation/Korean American Centennial Immigration Day ProciamationIBlood Donor Month Certificates of Appreciation/Municipal Facility Advisory Committee Introduction of New Employees/City Manager Emerging Issues/City Manager c. d. e. V. CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium and state your name for the record PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negative(v to other individuals, or are otherwise inappropriate. Over please. . . VI. a. b, c, d, VII. a, b. VIII. IX X XI. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; 01/ items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. MinuteslDecember 17,2002 Regular Meeting & December 26,2002 Special Meeting Council Bill #315lUtility Tax Rebate to Low Income Seniors/ Enactment Ordinance Council Bill #316/AT&T Wireless Services Franchise/ Enactment Ordinance City Manager Employment Agreement Amendment CITY COUNCIL BUSINESS City Council Committee Appointments Other Committee Appointments CITY COUNCIL REPORTS CITY MANAGER REPORT EXECUTIVE SESSION Potential LitigationlPursuant to RCW 42.30, II 0(1 )(i) ADJOURNMENT .. THE COUNClL MAY ADD AND TAKE A CTION ON OTHER ITEMS NOT LISTED ON THE AGENDA .. THE COMPLETE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL AND ALSO ON THE CITY'S WEBSITE UNDER "NEW-FEDERAL WAY DOCUMENT LIBRARY" MEETING DATE: January 21, 2003 ITEM# "J7Z:- ~) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES CATEGORY: BUDGET IMPACT: ¡g¡ CONSENT D RESOLUTION D CITY COUNCIL BUSINESS D ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Draft minutes ofthe City Council regular meeting held on December 17,2002, and the special meeting held on December 26, 2002, SUMMARYIBACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requirements, CITY COUNCIL COMMITTEE RECOMMENDATION: nla PROPOSED MOTION: I move approval of the minutes ofthe City Council regular meeting held on December 17, 2002, and the special meeting held on December 26, 2002. CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED D TABLEDIDEFERREDINO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall December 17,2002 - 7:00 p.m. DR~f1 Minutes I. CALL MEETING TO ORDER Mayor Burbidge called the regular meeting of the Federal Way City Council to order at the hour of 7:05 p.m, Councilmembers present: Mayor Jeanne Burbidge, Deputy Mayor Dean McColgan and Councilmembers Mary Gates, Linda Kochmar, Mike Park and Eric Faison. Staff present: City Manager David Moseley, City Attorney Pat Richardson, City Clerk Chris Green and Acting Deputy City Clerk Sandy Lyle. II. PLEDGE OF ALLEGIANCE Councilmember Faison led the flag salute, COUNCILMEMBER KOCHMAR MOVED ADDITION OF AGENDA ITEM VI (c) SEXUAL PREDATOR SITING ISSUE; DEPUTY MAYOR MCCOLGAN SECOND. The motion passed as follows: Burbidge Faison Gates yes yes yes Kochmar McColgan Park yes yes yes COUNCILMEMBER KOCHMAR THEN MOVED THE ADDITION OF AGENDA ITEM X (c) POTENTIAL LITIGATION; DEPUTY MAYOR MCCOLGAN SECOND. The motion passed as follows: Burbidge yes Faison yes Gates yes III. PRESENTATIONS a, Quadrant Recognition Kochmar McColgan Park yes yes yes Federal Way City Council Regular Meeting Minutes December 17, 2002-Page 2 0/9 Mayor Burbidge presented Wally Costello, Senior Vice-President of Commercial Development for Quadrant Corporation, with a Certificate of Recognition for the Capitol One Call Center Building, The project was recently awarded an Honorable Mention for "Office Development of the Year" from the Washington State Chapter of the National Association ofIndustrial and Office Properties, b, Lodging Tax Advisory Committee Introductions/Appointment Certificates Deputy Mayor McColgan, Chair of the Lodging Tax Advisory Committee, announced the reappointment of Scott Brown to the Lodging Tax Advisory Committee, Appointed as new members were Hector Santa Cruz and Mike Dunwiddie, All will serve terms through October 31, 2004. c, Introduction of New Employees/City Manager There were no new employees to introduce, d, Emerging Issues/City Manager City Manager Moseley reported two emerging issues, Due to concern about the impact of the economy on the availability of Human Services funding, an additional $ I 4,000 in unspent Human Services funds was sent to the Multi-Service Center food bank, Ten thousand dollars will provide holiday meals for 2000 households, At the City Manager's request, Assistant City Manager Derek Matheson clarified his earlier comments as reported by the Seattle Post Intelligencer with respect to earlier police and fire calls to the Oxford House. IV. CITIZEN COMMENT Dave McKenzie expressed concerns about earlier comments in the Seattle P-I regarding the absence of police calls to the Oxford House facility. Faith Noble feels the city should be protecting her civil rights-the same as those of the Oxford House residents, Wade Staiger spoke against the Level 3 Sex Offender Housing proposed in the Peasley Canyon neighborhood-not only will property values decline, but security will also be a concern, Dennis Haugen of Lakewood clarified the Lakewood City Hall project actually cost over $4 million-not the $10 property purchase price as reported recently by the Federal Way Mirror. Federal Way City Council Regular Meeting Minutes December 17, 2002 -Page 3 0/9 Randy Bannecker spoke in support the proposed utility tax rebate for seniors, Judy Carlson questioned why the canine unit was called to the Oxford House on one occasion. Kelly McKenzie commented on the need to preserve the rights of citizens when considering issues like the Oxford House and the sexual offender facility proposed for the Peasley Canyon neighborhood. v. CONSENT AGENDA a. b, Minutes/December 3, 2002 Regular Meeting - Approved Vouchers - Approved Monthly Financial Report/Month of October 2002 - Approved Council Bill #314/2002 Budget Adjustment - Approved Ordinance #02-435 Janitorial Contract Amendment/Professional Commercial Cleaning, Inc, - Approved Authorization for Human Services Commission to Advertise Concept Papers for CDBG Employment Program - Approved Tourism Enhancement Grant Awards - Approved Federal Way School District Board Meeting Broadcast Agreement Amendment - Approved c, d. e. f. g, h, COUNCILMEMBER PARK MOVED APPROVAL OF THE CONSENT AGENDA; COUNCILMEMBER KOCHMAR SECOND. Councilmember Gates pulled item (d): Council Bill #314/2002 Budget Adjustment. Deputy Mayor McColgan pulled item (g): Tourism Enhancement Grant Awards. The motion to approve Consent items (a), (b), (c), (e), (f), and (h) passed as follows: Burbidge Faison Gates Kochmar McColgan Park yes yes yes yes yes yes Consent Item (d): Council Bill #314/2002 Budget Adjustment Councilmember Gates noted staff has identified two items related to major construction projects that were not incorporated into the proposed 2002 housekeeping budget adjustment-those projects being: Federal Way City Council Regular Meeting Minutes December 17,2002 - Page 4 of9 1. SR99 Phase I: Received authorization to appropriate the $4,94 million federal grant for the construction phase of SR99 in April 2002; the grant has not been incorporated into the project budget. This does not change the total project cost, but recognizes the grant revenue and the project cost in our budget. 2. The Dash Point and 8th Signal Improvement Project: An adjustment is needed to incorporate the change in final construction cost and overall project estimate of $773,967 as approved by the LUTC on February 4 and full Council on February 19 this year. The amount of the adjustment is $386,535; funded primarily with unallocated bond interest and WSDOT overlay contribution received, The total budget adjustment including these two items will be $6,27 million, COUNCILMEMBER GATES MOVED ADOPTION OF THE 2002 BUDGET ADJUSTMENT ORDINANCE AS AMENDED ABOVE; DEPUTY MAYOR MCCOLGAN SECOND. The motion passed as follows: Burhidge Faison Gates yes yes yes Kochmar McColgan Park yes yes yes Consent Item (g): Tourism Enhancement Grant Awards Deputy Mayor McColgan announced the grant awards and invited citizens to apply for future funding opportunities. DEPUTY MAYOR MCCOLGAN MOVED APPROVAL OF THE FOLLOWING TOURISM ENHANCEMENT GRANTS: $5,000 TO THE AUGUST 2003 FEDERAL WAY FAMILY FEST/FESTIVAL DAYS; $2,000 TO FEDERAL WAY SYMPHONY 2003 GARDEN TOUR, PLUS AN ADDITIONAL $1,500 FOR MARKETING OUTSIDE THE PUGET SOUND REGION; AND $6,000 TO THE SEPTEMBER 2003 MEN'S 45 & OVER FAST PITCH NATIONAL CHAMPIONSHIP, NOT TO BE USED FOR NONREIMBURSABLE BID EXPENSES; COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge Faison Gates yes yes yes Kochmar McColgan Park yes yes yes VI. CITY COUNCIL BUSINESS a, Municipal Facilities Advisory Committee/Final Recommendation Federal Way City Council Regular Meeting Minutes December 17,2002 -Page 5 of9 Jack Dovey, Chair of the Municipal Facilities Advisory Committee, presented the committee's final report on their recommendations to CounciL DEPUTY MAYOR MCCOLGAN MOVED ACCEPTANCE OF THE MUNICIPAL FACILITIES ADVISORY COMMITTEE'S FINAL REPORT WITH NO COUNCIL RECOMMENDATION AT THIS TIME; COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge Faison Gates yes yes yes Kochmar McColgan Park yes yes yes b, Kenneth Jones Pool Transfer Agreement with King County Jennifer Schroder, Director of Parks, Recreation and Cultural Services, detailed the Kenneth Jones Pool transfer agreement. MOTION BY COUNCILMEMBER GATES TO APPROVE THE AGREEMENT AND TO AUTHORIZE THE CITY MANAGER TO SIGN THE INTER- GOVENMENT AL TRANSFER AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY FOR KENNETH JONES POOL, AND TO FURTHER AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND SIGN AN ASSIGNMENT AGREEMENT BETWEEN KING COUNTY, FEDERAL WAY SCHOOL DISTRICT, AND THE CITY OF FEDERAL WAY TO TRANSFER THE PROPERTY LEASE FOR KENNETH JONES POOL FROM KING COUNTY TO THE CITY OF FEDERAL WAY-CONTINGENT ON THE CITY OBTAINING CLEAR TITLE AND COMPLETION OF THE TRANSFER FROM KING COUNTY FOR THE KENWOOD PIT PROPERTY; COUNCILMEMBER KOCHMAR SECOND. The motion passed as follows: Burbidge yes Kochmar yes Faison yes McColgan yes Gates yes Park yes c. Sexual Predator Siting Issue (added item) Assistant City Manager Derek Matheson briefed Councilmembers with the information provided to date regarding the DSHS proposed site, MOTION BY COUNCILMEMBER KOCHMAR TO DIRECT CITY STAFF TO CONTINUE THEIR RESEARCH ON THE PROPOSED SITING AND TO PREP ARE A POSITION LETTER FOR THE MAYOR'S SIGNATURE TO BE Federal Way City Council Regular Meeting Minutes December 17,2002 -Page 6 of9 SENT TO THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES; DEPUTY MAYOR MCCOLGAN SECOND. The motion passed as follows: Burbidge Faison Gates yes yes yes Kochmar McColgan Park yes yes yes VII. INTRODUCTION ORDINANCES a. Council Bill #3 I 5/Utility Tax Rebate to Low Income Seniors AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR UTILITY TAX RELIEF TO LOW INCOME SENIORS AND AMENDING ARTICLE V, CHAPTER 14 OF THE FEDERAL WAY CITY CODE (AMENDS ORDINANCE NO. 95-257,96-262. AND 02-431). DEPUTY MAYOR MCCOLGAN MOVED COUNCIL BILL #315 TO SECOND READING AND ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING; COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge Faison Gates yes yes yes Kochmar McColgan Park yes yes yes b. Council Bill #316/AT&T Wireless Franchise AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING AT&T WIRELESS SERVICES OF WASHINGTON, LLC, AN OREGON LIMITED LIABILITY COMPANY, D/B/A AT&T WIRELESS, BY AT&T WIRELESS SERVICES, INc., A DELEWARE CORPORATION, ITS MANAGER/MEMBER HAVING AN OFFICE AT 2729 PROSPECT PARK DRIVE, SUITE 100, RANCHO CORDOVA, CA 95670, A NONEXCLUSIVE FRANCHISE TO OCCUpy RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF ITS WIRELESS COMMUNICA TIONS FIXTURES AND RELATED EQUIPMENT, CABLES, ACCESSORIES AND IMPROVEMENTS IN A PORTION OF THE RIGHTS-OF-WAY IN CONNECTION WITH ITS FEDERALLY LICENSED WIRELESS COMMUNI- CATIONS BUSINESS WITHIN AND THROUGH THE CITY OF FEDERAL WAY. COUNCILMEMBER GATES MOVED COUNCIL BILL #316 TO SECOND READING AND ENACTMENT AT THE NEXT REGULAR MEETING; DEPUTY MAYOR MCCOLGAN SECOND. The motion passed as follows: Burbidge Faison Gates yes yes yes Kochmar McColgan Park yes yes yes Federal Way City Council Regular Meeting Minutes December 17, 2002 -Page 70/9 VIII. CITY COUNCIL REPORTS Councilmember Gates reported she will furnish copies of the Sound Transit budget report, as well as the Transportation Improvement Board and the Regional Transit Committee reports at the next Council meeting in January. Councilmember Kochmar reported the ACC meeting will be held on December 18, She thanked City Manager David Moseley for finding unspent money in the Human Services budget for the Federal Way Food Bank. Councilmember Michael Park had no report. Councilmember Faison reported Chapters 6-10 of the Comprehensive Plan will be reviewed at the Land Use/Transportation Committee meeting on January 6, 2003, He also requested that staff add information regarding the proposed sexual predator housing site to the city's website, Deputy Mayor McColgan announced the Lodging Tax Committee will hold its next meeting on Friday, December 20, at 8:00 a,m. Mayor Burbidge reported the recent Latino Heritage event sponsored by the Diversity Commission was a huge success, She expressed appreciation to the citizens who made donations to the food bank; she also thanked city staff for adopting families and providing gifts and food for the holiday season, IX CITY MANAGER REPORT City Manager David Moseley announced a mid-biennium retreat after the appointment of the new Councilmember-potential dates are January 25, February I or February 28, He announced work to extend the water supply pipeline will begin in the spring, bringing closure of the BP A Trail Phase I and closing some of the Celebration Park ball fields, He announced the retirement of Court Administrator Sandra Warter, effective February 28, She has been with the city for three years, She established the city's municipal court, reducing costs and improving city services, The City Manager announced the need for an executive session, expected to be thirty-five minutes in length, to review performance of a public employee pursuant to RCW 42,30, I I O( 1 )(g); property acquisition pursuant to RCW 42.30, I I O( I )(b); and potential litigation, Federal Way City Council Regular Meeting Minutes December 17,2002 -Page 8 of9 COUNCILMEMBER GATES MOVED SUSPENSION OF COUNCIL RULES TO EXTEND THE MEETING BEYOND 10:00 P.M.; COUNCILMEMBER KOCHMAR SECOND. The motion passed as follows: Burbidge Faison Gates x yes no Kochmar McColgan Park yes EXECUTIVE SESSION yes no yes a. b, Review Performance of Public Employee/Pursuant to RCW 42.30,1 10(1 )(g) Property Acquisition/Pursuant to RCW 42.30.11 O(l)(b) Potential LitigationIPursuant to RCW 42.30,110(1 )(i) (added item) c, At 9:30 p,m" Mayor Burbidge announced a recess to executive session, Council returned to chambers at 11 :22 p,m, DEPUTY MAYOR MCCOLGAN MOVED TO DIRECT AND AUTHORIZE THE FINANCE DIRECTOR TO PAY 100% OF THE GOALS OF WHICH 100% SHALL EQUAL 8.48% OF THE BASE SALARY PER THE CONTRACT; COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge Faison Gates yes yes yes Kochmar McColgan Park yes yes yes DEPUTY MAYOR MCCOLGAN MOVED TO DIRECT THE CITY ATTORNEY TO AMEND THE CITY MANAGER EMPLOYMENT AGREEMENT TO ALLOW FOR AN INCREASE TO THE CITY MANAGER'S BASE SALARY OF 1.73% FOR A MARKET ADJUSTMENT, PLUS 2.5% BASE SALARY ADJUSTMENT INCREASE AND AN INCREASE OF DEFERRED COMPENSATION TO $11,000; COUNCILMEMBER KOCHMAR SECOND. The motion passed as follows: Burbidge Faison Gates yes yes yes Kochmar McColgan Park yes yes yes COUNCILMEMBER FAISON MOVED TO DIRECT AND AUTHORIZE THE CITY MANAGER TO DIRECT CITY STAFF TO NEGOTIATE THE ACQUISITIONS AND CLOSE THE PURCHASE OF REAL PROPERTY OWNED BY MR. NORRIS HAUGE AND MR. RICHARD HAUGE FOR A MAINTENANCE Federal Way City Council Regular Meeting Minutes December 17,2002 -Page 9 of9 YARD EXPANSION PROJECT NOT TO EXCEED 10% OF THE FAIR MARKET VALUE; COUNCILMEMBER PARK SECOND. The motion passed as follows: Burbidge yes Kochmar yes Faison yes McColgan yes Gates yes Park yes IX ADJOURNMENT There being no further business to come before the Council, Mayor Burbidge adjourned the regular meeting at 11 :25 p.m, N, Christine Green, CMC City Clerk OR~f1 FEDERAL WAY CITY COUNCIL Special Meeting Council Chambers - City Hall December 26, 2002 - 5:00 p.m. MINUTES I. CALL MEETING TO ORDER Mayor Burbidge called the meeting to order at 5:03 p,m, Councilmembers present: Mayor Jeanne Burbidge, and Councilmembers Mary Gates, Linda Kochmar, Mike Park, and Eric Faison, Deputy Mayor Dean McColgan was excused, Staff present: City Manager David Moseley, Deputy City Attorney Karen Kirkpatrick, and Acting Deputy City Clerk Sandy Lyle, II. MEETING CANCELLATION DISCUSSION Due to the lack of business to come before the City Council for the first meeting in January 2003, the recommendation is for cancellation of the regular meeting on January 7, 2003, The next regularly scheduled meeting will be held on January 21,2003. COUNCILMEMBER PARK MOVED TO SUSPEND THE COUNCIL RULES OF PROCEDURE FOR THE PURPOSE OF CANCELING THE JANUARY 7, 2003, MEETING; COUNCILMEMBER KOCHMAR SECOND. The motion passed as follows: Burbidge Faison Gates yes yes yes Kochmar Park McColgan yes yes excused III. ADJOURNMENT There being no further business to come before the Council, Mayor Burbidge adjourned the special meeting at 5:04 p,m, Sandy Lyle, Acting Deputy City Clerk MEETING DATE: .;'t I .;¿ðÒJ , I ITEM# - ..JZI:.. ~ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Utility Tax Relieffor Low Income Seniors CATEGORY: BUDGET IMPACT: L CONSENT RESOLUTION Amount Budgeted: $ X ORDINANCE STAFF REPORT Expenditure Amt: $ BUSINESS PROCLAMATION Contingency Reqd: $ HEARING STUDY SESSION FYI OTHER ATTACHMENTS: Ordinance ................................................................-..........................-..................... SUMMARYIBACKGROUND: The City Council directed staff to bring forward legislation tor providing relief to low income senior citizens trom the City's utility taxes. The proposed ordinance will relieve the full 6% of the utility tax to eligible citizens through a City administered "rebate" program, The eligibility requirements are: I. Must live in the City; 2. Be 65 years of age or older; 3. Meet the definition of "Low Income" (basedHUD definition of50% of median family income forKing County: $27,250 for a 1 person household; $31,150 for 2-person households in 2002), 4. Is responsible for payment of the utility biII (bas service in their name and makes payment trom their resources). To receive the reimbursement, the eligible person must file a request; provide proof of income and the amount of tax paid, and other infonnation required by April 30 each year for the tax paid during the previous calendar year. ..................-..........................................-...................................""""""""""""""""..-.._.............. To allow time for publicity and, where possible, utility biII inserts to notifY citizens about this program, the proposed effective date when the taxes can be reimbursed is February 1,2003. The fIrst requests for reimbursement of paid 2003 utility taxes will be due no later than April 30, 2004. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A CITY MANAGER RECOMMENDATION: Motion to move Council Bill #315 to 2nd reading and :;~~¿~~~~i~~Z~:s7~::~~~:~:Z':~;~T :' ~þ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: / APPROVED ., - ~ Á-- - COUNC~L BILL # _DENIED ~ t¡¡ ~~~ Ist Readmg --1'1'ø~ E t tR d' -TABLEDillEFERREDINO ACTION nac men ea mg - ORDINANCE # RESOLUTION # 3;:;:- 1;¡-I7.~ ORDINANCE NO. - DRAFT /2-//6/02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR UTILITY TAX RELIEF TO LOW INCOME SENIORS AND AMENDING ARTICLE V, CHAPTER 14 OF THE FEDERAL WAY CITY CODE (AMENDS ORDINANCE NO. 95-257, 96-262, 96-276, AND 02-431.) WHEREAS on November 19, 2002, the Federal Way City Council passed Ordinance No, 02-431 increasing the utility tax to 6% tax for the purpose of providing a senior/community center and other infrastructure improvements; and WHEREAS, with the required notice to utility companies, this increase will take effect for customer billings after February 1, 2003 for affected utilities; WHEREAS, the City Council recognizes that seniors live on low and fixed incomes that could be impacted by the increase in the utility tax; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Utility Tax Relief New sections are added to Chapter 14, Article V of The Federal Way City Code to read as follows: Section 14-189 Utility Tax Relief. There is granted to persons who meet the qualifications and requirements of Sections 14- 190 and 14-191 reliefITom the city utility tax as follows: (1) For all utility bills billed to and paid by the person directly during a calendar year for utility service charges ITom any utility company who is subject to the utility tax of the city, the city shall pay to such person a "reimbursement" in an amount equal to the utility ORD# , PAGE 1 tax which applied to such bills; 14-190 Utility Tax Relief - Qualifications. To qualifY for the relief set forth in Section 14-189, a person must be requesting "reimbursement" for the amount of city utility taxes imposed during the previous calendar year and must: (1) Be 65 years of age or older at all times during any period for which "reimbursement" is requested; and (2) Have an income during the calendar year, or part thereof, for which a "reimbursement" is requested from all sources whatsoever, not exceeding the low income guidelines for the King County area as determined by 50% of median family income published by the Secretary of Housing and Urban Development. As used in this subsection, "income" means: (a) "Disposable income," as that term is defined in RCW 84.36.383, as it may be amended or replaced from time to time, plus (b) The aggregate value of gifts and receipts received from all sources during the calendar year for which a "reimbursement" is requested; and (3) Have been a resident of the dwelling unit within the city at all times during any period for which a "reimbursement" is requested, and have made the payment of city utility taxes from his or her income or resources. 14-191 Claim Filing Procedures. (1) All claims for relief under 14-189 must be made annually and filed by April 30 of the calendar year following the calendar year, or portion thereof, for which a "reimbursement" is requested. ORD# , PAGE 2 (2) All bills for which claim is made under 14-189 shall be submitted to the Director to determine the amount of the claim for relief. (3) All claims or relief shall be submitted in writing on a form provided by the Director and certified by the claimant that, to the best of the claimant's knowledge, all information provided in the claim is true and correct. (4) The Director may require documents deemed necessary to establish proper proof of income level of the claimant, including but not limited to the two (2) most recent months' bank statements and two (2) most recent years' income tax statements. The Director shall adopt rules and regulations to implement and enforce this chapter. Section 2. Initiative and Referendum. This Ordinance shall be subject to initiative and referendum powers as set forth in Chapter 2, Article ill of the Federal Way City Code. Section 3. Severability. The provisions of this Ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this Ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Ordinance, or the validity of its application to other persons or circumstances, Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this Ordinance is hereby ratified and affirmed, ORD# , PAGE 3 Section 5. Effective Date. This Ordinance shaH take effect and be in force on February 1, 2003 for utility taxes incurred and paid by an eligible person after this date. PASSED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY this - day of ,2003. CITY OF FEDERAL WAY, WASHINGTON By MAYOR, JEANNE BURBIDGE ATTEST: CITY CLERK, N. Christine Green, CMC APPROVED AS TO FORM: CITY ATTORNEY, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\OrdinIUtility.Relief 1. (O,d2002) ORD# , PAGE 4 MEETING DATE: ~ . -2..//1,tJðd ITEM# §~) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: AT&T Wireless Services Franchise CATEGORY: ~ CONSENT Õ RESOLUTION D CITY COUNCIL BUSINESS BUDGET IMPACT: IZI ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Memorandum dated November 26, 2002 to the Finance, Economic Development and Regional Affairs Committee, Franchise Agreement, map, and depiction of a metrosite facility. SUMMARYIBACKGROUND: AT&T Wireless Services of Washington, LLC has requested a franchise to locate three wireless metrosite facilities on poles owned by Pugel Sound Energy within City right-of-way along SW Dash Point Road, between approximately 12th Avenue SW and 47th Avenue SW, The tenn of the Franchise is 10 years, consistent with franchises the City has granted to AT&T Broadband, for cable; Puget Sound Energy, Tacoma Public Utilities (for Lakehaven's second supply pipeline); Weyerhaeuser, Sprint, Metromedia, Williams and Tyco (for fiber optic cable). AT&T Wireless Services will maintain insurance of$5 Million combined single limit for commercial general liability and $2 Million for automobile, The Franchise requires AT&T to post a bond in the amounl of 120% of the amount of the facilities prior to commencing any work, CITY COUNCIL COMMITTEE RECOMMENDATION: Finance/Economic Development/Regional Affairs Committee recommended approval of the Franchise Agreement. PROPOSED MOTION: I move Council Bill #3] 6 to second reading and enactment at the next regular meeting on January 7, 2003. CITY MANAGER APPROVAL: ...~~.. . '--'~--"~-'------- .~ ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED tJ DENIED D TABLED/DEFERRED/NO ACTION ~ MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # 3/(, . /Y/7jíL- CITY OF FEDERAL WAY MEMORANDUM Date: To: Subject: November 26,2002 Finance, E~onomic D elopment and Regional Affairs Committee David H. M i anager Pat Richardson, y Attorney~~ Proposed AT&T Wireless Services Franchise Via: From: AT&T Wireless Services of Washington, LLC has requested a ftanchise to locate three wireless metrosite facilities on poles owned by Puget Sound Energy within City right-of-way along SW Dash Point Road, between approximately 12th Avenue SW and 47th Avenue SW, The basic terms of the proposed ftanchise are as follows: 1. Equipment. The ftanchise would permit AT&T to install two 2-sector and one 3- sector metro site facilities, containing antennas approximately five feet tall and each with three equipment cabinets, approximately 34.25"H x 12.2"W x 8,5"D, 12"H x I8"W x 8"D, and 18"H x 18"W x 8"D, at three locations on SW Dash Point Road, 2. Consideration. AT&T will pay the City's administrative costs and expenses in preparing and approving the ftanchise. AT&T will also relocate its facilities at the City's request, at AT&T's cost, and repair any damages it causes to the ROW, also at AT&T's cost. 3. Insurance. AT&T Wireless Services will maintain insurance of $5 Million combined single limit for commercial general liability and $2 Million for automobile insurance. 4. Term. The term of the proposed ftanchise is 10 years, consistent with franchises the City has granted to AT&T Broadband, for cable; Puget Sound Energy, Tacoma Public Utilities (for Lakehaven's second supply pipeline); Weyerhaeuser, Sprint, Metromedia, Williams and Tyco (for fiber optic cable), 5. Bond. The proposed ftanchise requires AT&T to post a bond in the amount of 120% of the amount of the facilities prior to commencing any work under the Franchise, Committee Recommendation: Staff requests that the proposed ftanchise be forwarded to the full City Council, for placement on the December 17, 2002 City Council agenda, with a "do pass" recommendation, APPROVAL BY COMMITTEE: Ct:l.~h~ . o.c.h~ K:IAT&1\AWS Franchiselfedrac VACAifF Committee Member H1- DRAf" / "'/ ~7 ò ~ ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING AT&T WIRELESS SERVICES OF WASHINGTON, LLC, AN OREGON LIMITED LIABILITY COMPANY, D/B/A AT&T WIRELESS, BY AT&T WIRELESS SERVICES, INc., A DELAWARE CORPORATION, ITS MANAGER/MEMBER HAVING AN OFFICE AT 2729 PROSPECT PARK DRIVE, SillTE 100, RANCHO CORDOVA, CA 95670, A NONEXCLUSIVE FRANCHISE TO OCCUpy RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF ITS WIRELESS COMMUNICATIONS FIXTURES AND RELATED EQillPMENT, CABLES, ACCESSORIES AND IMPROVEMENTS IN A PORTION OF THE RIGHTS-OF-WAY IN CONNECTION WITH ITS FEDERALLY LICENSED WIRELESS COMMUNICATIONS BUSINESS WITHIN AND THROUGH THE CITY OF FEDERAL WAY. WHEREAS, AT&T Wireless Services of Washington, LLC, an Oregon limited liability company, d/b/a AT&T Wireless ("AT&T Wireless"), by AT&T Wireless Services, Inc" a Delaware corporation, its manager/member, is the owner of communications facilities which will locate on utility structure sites on rights-of-way of the City of Federal Way; and WHEREAS, AT&T Wireless has requested a franchise from the City of Federal Way, in order to install, operate and maintain a wireless communication system on utility structures in certain rights-of-way as depicted in Exhibit A on file with the City Clerk; and WHEREAS, the City Council of Federal Way finds that it is in the public interest to grant such a franchise, which will specifY the rights and duties of AT&T Wireless; and WHEREAS, RCW 35A.47,040 permits the City of Federal Way to grant nonexclusive franchises for the use of public streets, bridges or other public ways for, inter alia, conduits, ORD# ,PAGEl wires and appurtenances for transmission of signals and other methods of communications; and WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves such other powers and authorities granted to Washington code cities by general law; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Definition. Where used in this Franchise the following terms shall be defined as follows: 1.1 "City" means the City of Federal Way, Washington, a municipal corporation of the State of Washington, and its respective successors and assigns, 1.2 "Council" means the City of Federal Way Council acting in its official capacity, 1.3 "Director" means the Public Works Director, or designee, of the City of Federal Way Public Works Department. 1.4 "Facilities" means the AT&T Wireless communication facilities including without limitation, utility lines, transmission lines, electronic equipment, radio transmitting and receiving apparatus and supporting equipment to be located on utility structures on certain public rights-of- way. 1.5 "FWCC" means the Federal Way City Code. 1.6 "Franchise Area" means only that portion of the City's public rights-of-way located in the City of Federal Way and shown in Exhibit A on file with the City Clerk, and/or any other areas approved by the Federal Way City Council and incorporated into this Ordinance via amendment. ORD# , PAGE 2 1.7 "Franchisee" means AT&T Wireless, and its respective successors and assigns if consented to by the City of Federal Way as provided in Section 23 herein, Section 2. Grant! A....eptan..e 2.1 (ìr~nt ofFmn"hisf'.. The City hereby grants to Franchisee the nonexclusive right to enter upon the Franchise Area for the limited purpose of constructing, excavating, installing, maintaining, restoring, and repairing Facilities within the Franchise Area. This Franchise is specifically limited to the right for Franchisee to install Facilities owned and operated by Franchisee. This Franchise does not permit Franchisee to lease, rent, or otherwise allow use of conduits, space or capacity provided by the Facilities to other third-party cable and telecommunications providers, and Franchisee covenants and agrees that it will not do so. It being understood, however, that Subsection 23.3 shall govern transfers and assignments of this Franchise. 2.2 A"œpt~nœ hy Fr~n"hisf'.f'. Franchisee shall have no rights under this Franchise, nor shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall, within sixty (60) days after the effective date of this Franchise, file with the City its written acceptance of this Franchise and all of its terms and conditions, Section 3. Non-Fran..hi.e Area C'.ity Property This Franchise does not and shall not convey any right to Franchisee to install its Facilities on, under, over, across, or to otherwise use City-owned or leased properties of any kind outside the Franchise Area, or to install Facilities on, under, over, across or otherwise use any City owned or leased property within the Franchise Area other than public roads, streets, ORD# . PAGE 3 avenues, alleys and highways. Section 4. :rum Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this Franchise shall be for a period often (10) years commencing on the effective date of this Franchise, unless terminated earlier pursuant to this Franchise or other applicable law, Section 5. l,ol'9tion of F9dliti.... 5,1 Location. In addition to the other requirements in this Franchise, the location of the Facilities, including the underground Facilities and appurtenances, their depths below surface of ground or grade of a right-of-way, and any related existing equipment (such as cellular antennae) to which the Facilities are connected shall be depicted on a map and submitted to the City within thirty (30) days of the installation of the Facilities, Upon written request of the City, Franchisee shall update such map to reflect actual or anticipated improvements to the system. Any such map (or update thereof) so submitted shall be for informational purposes only and shall not obligate Franchisee to undertake any specific improvements, nor shall such map be construed as a proposal to undertake any specific improvements, 5.2 G.IS...Data, At such time as Franchisee develops or employs Geographic Information System ("GIS") technology, Franchisee shall submit the information required in Subsection 5.1 above in digital GIS format, showing the location of its Facilities within the Franchise Area, 5.3 De.ign MHrking.. In the event the City desires to design new streets or intersections, renovate existing streets, or make any other public improvements, Franchisee shall ORD# . PAGE 4 at the City of Federal Way's reasonable request, provide the location of Franchisee's underground Facilities within the Franchise Area by either field markings or by locating the Facilities on the City's design drawings, and shall provide all other reasonable cooperation and assistance to the City, Section 6. Noninterference of Facilitie. Franchisee agrees to maintain its Facilities and exercise any and ail rights authorized by this Franchise: (1) so as not to unreasonably interfere with the free passage oftraffic; and (2) in accordance with the laws of the State of Washington and City Code requirements, Franchise provisions, regulations, resolutions and rules, as now existing or as hereafter amended and as required by the Director in accordance with the foregoing or given public health, safety and welfare, This requirement applies whether or not the work is performed by the Franchisee, its agents, employees, subcontractors, or any other third party performing at Franchisee's direction, Section 7. Requirement to Obtain Permit. 7,1 P"rmit. anc1 P"rmit AppliC'.ation. Franchisee shall, at its expense, obtain all permits, (including rights-of-way permits), and pay all permit fees required by applicable City ordinances, regulations, resolutions and rules prior to commencing any work within the Franchise Area. Franchisee permit applications shall show the position and location of the proposed Facilities to be constructed, laid, installed, or erected at that time, show their relative position to existing rights-of-way or property lines upon prints drawn to scale, designate rights-of-way by their names and improvements, such as, but not limited to, sidewalks, curbs, gutters, shoulders ofroadway, ditches, paved roadways, roadways to ORD# ,PAGES property lines, turnouts, parking strips, telephone or electric distribution poles, and water pipes existing on the ground to be occupied, or as required by the Director, The Franchisee shall specify the class and type of materials to be used, equipment to be used, and mode of safeguarding and facilitating the public traffic during construction. Materials and equipment shall be in new or like-new condition for its type and kind, The manner of excavation, construction, installation, backfill, and temporary structures such as, but not limited to, traffic turnouts and road obstructions shall meet the standards of the FWCC and be satisfactory to the Director. All traffic control shall be in accordance with the right-of-way permit, and shall be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD), The Franchisee shall indicate on any permit application the time needed to complete the work. The time needed to complete the work is subject to approval by the City as a condition of the issuance of the permit or approval. 7,2 Fm~rg~n"y Fx"f'.ption to Permit Requirement. In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in a condition as to immediately endanger the property, life, health or safety of any individual, Franchisee may take action immediately to correct the dangerous condition without first obtaining any required permit so long as: (1) Franchisee informs the City of nature and extent of the emergency, and the work to be performed, prior to commencing the work if practically possible, or immediately following cessation of emergency if not; and (2) such permit is obtained by Franchisee as soon as practicable following cessation of the emergency. 7.3 Routine MaintenanC'.<'.. ORD# . PAGE 6 Franchisee shall have the right to conduct routine maintenance to repair, modify, supplement, replace or upgrade the Franchisee's Facilities, provided that the Franchisee shall obtain any necessary Right of Way Use Permit and any other permits or authorizations required by all applicable federal, state, and local laws, rules and regulations prior to the performance of any said routine maintenance, Section 8. St9nd9rd of Perform9nee The Franchisee shall not excavate for a distance of more than one hundred feet (100') without immediately backfilling and compacting to surface grade and City standards. Backfilled trench areas within a driving lane must be patched, either temporarily or permanently, before the end of the work day in which they have been opened. Trench areas within the right-of-way, but not with in a driving lane, must also be patched within the time limits specified by the City on the right-of-way use permit. Final surface restoration shall be completed within thirty (30) days and shall be equal to or better than the surface condition prior to permit issuance, Any asphalt overlay completed within the Franchise Area during the five (5) year-period immediately prior to the date of permit application shall not be open cut by Franchisee unless required by an emergency and subject to the provisions of Section 7 above. Franchisee shall install new asphalt overlay on any street that is open cut, whether in an emergency or otherwise, for a minimum of one (1) block (approximately 500 feet) in length in both directions ITom the open cut, unless determined otherwise by the Director. Within fifteen (15) days of completion of any installation of Franchisee's Facilities within the Franchise Area, Franchisee shall submit to the Director plans, stamped by a Professional ORD# , PAGE 7 Engineer licensed by the State of Washington, showing the "as-built" location of the Facilities. Section 9. Sllrv~}' Mark..r. and Monllm..nt. Franchisee shall, using a licensed surveyor, immediately replace all markers or monuments disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs associated with such lost, destroyed or disturbed monuments or markers. Section 10. SlIrra.... Marking./Stak... Prior to Franchisee commencing any excavation work within the Franchise Area, Franchisee shall reference all monuments and markers relating to subdivisions, plats, highways, and other surveys. The reference points shall be located so that they shall not be disturbed during the Franchisee's operations under this Franchise, The method of referencing these monuments or other points shall be approved by the City before placement. The construction shall be made as expeditiously as conditions penuit, and as directed by the City. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement of the monuments and markers, shall be borne solely by the Franchisee. A complete set of reference notes for monuments, markers and other ties shall be filed with the City. Section 11. Rig/lt oint)'.o rompl..... Work In the event Franchisee fails to comply with any applicable federal, state or City laws, ordinances, rules, regulations or standards or with any of the tenus of this Franchise, and such noncompliance continues for a period often (10) days after Franchisee receives written notice from the City regarding the noncompliance, the City may, but in no event is the City obligated to, order any work completed, including without limitation Franchisee's obligation to repair pursuant ORD# ,PAGE8 to Section 8 herein and Franchisee's obligation to remove or relocate facilities pursuant to Section 12 herein. If the City causes such work to be done by its own employees or by any person or entity other than Franchisee, Franchisee shall, upon the City's written request, immediately reimburse the City for all reasonable costs and expenses incurred by the City in having such work performed, which costs may include the City's reasonable overhead expenses and attorneys fees. However, the City shall not have any electrical work accomplished by any person or entity other than Franchisee or a qualified and licensed electrical contractor. Section 12. Notice to Franchisee of Work by City 12.1 City Rp<prvation ofRight< The City reserves the right to use, occupy and enjoy all or any part of the Franchise Area, either above, below, or adjacent to the Facilities, for any purpose that is not inconsistent with the terms and conditions of this Franchise. The rights reserved herein include, without limitation, the construction, installation, and/or maintenance of any electrical, water, sewer or storm drainage line, traffic signals, street lights, trees, landscaping, bicycle paths and lanes, equestrian trails, sidewalks, other pedestrian amenities, and other public street improvement projects. This Franchise is not an exclusive franchise and shall not be construed in any manner to prohibit the City from granting other and further franchises in, under, over, upon, and along the Franchise Area, nor fÌom exercising such other powers and authorities granted to the City by the Washington State Constitution and general law. AT&T Wireless shall operate the Facilities in a manner that will not cause interference to the City, and other lessees, fÌanchisees or licensees of the Franchise Area whose use predates this ORD# , PAGE 9 Franchise, and in compliance with the requirements of FWCC Section 22-972 as it now exists or is hereafter amended. In addition, with respect to lessees, franchisees or licensees whose operations commence after installation ofthe Facilities hereunder, AT&T Wireless shall not make any change in its operations that causes or is intended to cause material interference with such lessees, franchisees or licensees, All operations by AT&T Wireless shall be in compliance with all applicable Federal Communications Commission ("FCC") regulations, Pursuant to FWCC Section 22-971 as it now exists or is hereafter amended, the City may issue permits for and enter into franchises and leases to allow location or collocation of other telecommunications facilities in the Franchise Area, and AT&T Wireless consents to same, provided however, that the location or collocation must occur in compliance with said FWCC Section 22-971 as it now exists or is hereafter amended, In the event that any such location or collocation results in interference with AT&T Wireless's operations, and provided that AT&T Wireless has substantially complied with the provisions of this Franchise, the City agrees to take reasonable steps to cause the interfering party to eliminate such interference. In the event that the interference is not eliminated within thirty (30) days of notice to City by AT&T Wireless, AT&T Wireless may terminate this Franchise immediately or pursue any and all other remedies available to it against the interfering party (but in no event shall AT&T Wireless pursue any action against City at law or in equity or for declaratory relief), 12,2 City's Dnti"s. In the event, (i) the City undertakes any work, including necessary maintenance within a right-of-way in which Franchisee's facilities are located, or, (ii) the City ORD# . PAGE 10 requires undergrounding of Facilities of Franchisee or lines or equipment of any other entity due to the City requiring the removal of any poles, and such work necessitales the relocation of Franchisee's then existing Facilities within the Franchise Area, the City shall: (a) Provide written notice of the required relocation or undergrounding to Franchisee within a reasonable time prior to the commencement of such City work; and (b) Provide Franchisee with copies of pertinent portions of the City's plans and specifications, Then, Franchisee shall relocate or underground (as the case may be) its Facilities to accommodate or comply with the City work. 12.3 Fr~nc.hi.",,'. Dnti"., Within sixty (60) days of receipt of the City notice under Subsection 12.2(a) requiring relocation or undergrounding and receipt of the plans and specifications pursuant to Subsection 12,2(b), Franchisee shall raise, lower, or move or underground such Facilities within the Franchise Area at its sole cost and expense (unless otherwise provided by applicable law) to the location or position directed by the City to comply with City requirements or, to cause the least interference with the improvement, repair, or alteration contemplated by the City and to conform to such new grades as may be established. If the City improves a right-of-way, Franchisee shall, at its sole cost and expense, upon receipt of notice, replace the Facilities located in the improved subgrade of the improvement with substitute Facilities conforming to the specifications for the improvement of the right-of-way. 12,4 Fxc.h,.ivity, This Section 12 shall govern all relocations of Franchisee's Facilities required in accordance with this Franchise, Nothing in this Section 12 shall require Franchisee to ORD# , PAGE 11 bear any cost or expense in connection with the location or relocation of any Facilities existing under benefit of easement on property owned by a person or entity other than the City, Section 13. Damagl' Repair In case of damage by the Franchisee, its agents or employees or by the Facilities of the Franchisee to rights-of-way, or to public and private improvements in or to rights-of-way, the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall, upon discovery of any such damage, immediately notify the City, The City will inspect the damage, and set a reasonable time limit for completion of the repair. If the City discovers damage caused by the Franchisee to rights-of-way, or to public and private improvements in or to rights-of-way, the City shall give the Franchisee notice of the damage and set a reasonable time limit in which the Franchisee must repair the damage, In the event the Franchisee does not repair a right-of-way or an improvement in or to a right-of-way as required in this Section 13, the City may repair the damage and be reimbursed pursuant to Section 11 of this Agreement. Section 14. IWìwlt 14,1 Notice ofO<>.fanlt. In addition to other processes and remedies set forth herein, if Franchisee shall fail to comply with any of the provisions of this Franchise, the City may serve a written notice to Franchisee ordering such compliance and Franchisee shall have sixty (60) days from Franchisee's receipt of such notice in which to comply, 14.2 R<>.voc.ation ofFranc.hi«'. If Franchisee is not in compliance with this Franchise after the expiration of the sixty (60) day period, the City may, by resolution, declare the Franchise immediately revoked. If the alleged default is not capable of being cured within sixty (60) days ORD# . PAGE 12 and Franchisee has commenced to cure such default within such period and attempted to cure the alleged default as promptly as possible, then Franchisee shall not be deemed to be in default, provided that Franchisee continues to take steps with due diligence to cure such default until completion, Section 15. Umited Right. This Franchise is intended to convey only a limited right and interest to Franchisee in the Franchise Area, This Franchise is not a warranty of title or conveyance of any ownership interest in or to the Franchise Area to Franchisee, Section 16. Fminent Domain The existence of this Franchise shall not preclude the City from acquiring by condemnation, in accordance with applicable law, all or a portion of Franchisee's Facilities within the Franchise Area for the fair market value thereof. In determining the value of such Facilities, no value shall be attributed to the right to occupy the Franchise Area conferred by this Franchise, Section 17. V"""tion If at any time the City, by ordinance, vacates all or any portion of the Franchise Area, the City will not be liable for any damages or loss to the Franchisee by reason of such vacation. The City shall notify Franchisee in writing not less than sixty (60) days before vacating all or any portion of the Franchise Area. The City may, after sixty (60) days written notice to Franchisee, terminate this Franchise with respect to any such vacated area. ORD# , PAGE 13 Section 18. Complian.." with J ,aw~ 18.1 G:en.eraJ.. Franchisee shall comply with all applicable federal, state and City laws, franchises, resolutions, regulations, standards and procedures, as now existing or hereafter amended or adopted, including without limitation the State Environmental Policy Act; provided, however, that if any term or condition of this Franchise and any term or condition of any City law, code, franchise, resolution, regulation, standard, procedure, permit or approval are in conflict, the term or condition of this Franchise will control. Franchisee specifically waives any right to bring an action that any aspect of this Franchise is contrary to any local, state or federal law (including by way of illustration and not limitation the Telecommunications Act of 1996), provided that if this Franchise is determined to be contrary to local, state or federal law through legal actions brought by others then Franchisee shall have the right, as Franchisee's sole remedy, to immediately terminate this Franchise without penalty or other liability at its sole discretion, 18.2 FlItll." City ofF"rl".al Way R"f"btion, Franchisee acknowledges that the City may develop rules, regulations, ordinances and specifications for the use of the right-of-way which shall govern Franchisee's Facilities and activities hereunder as if they were in effect at the time this Franchise was executed by the City and Franchisee covenants and agrees to be bound by same, Section 19. Charge for Allmini~trativ" Cod~ Franchisee shall reimburse the City, upon submittal by the City of an itemized billing, to recover the actual, identifiable and reasonable administrative expenses incurred by the City that are directly related to preparing and approving this Franchise. Nothing herein shall preclude the ORD# , PAGE 14 City from charging reasonable administrative fees or recovering any reasonable administrative costs incurred by the City in the approval of permits or in the supervision, inspection or examination of all work by Franchisee in the Franchise Area as prescribed in accordance with applicable provisions ofthe FWCC. Section 20. Tn<lpmnifieation Franchisee agrees to indemnify and hold harmless and defend the City, its elected officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, actions and liabilities (including costs and all attorneys' fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Franchise to the extent caused in part or in whole by the acts, errors or omissions of the Franchisee, its officers, partners, shareholders, managers, members, agents, employees, or by the Franchisee's breach of any provisions of this Franchise; provided, however, that this Section 20 shall not be construed as requiring Franchisee to indemnify, hold harmless or defend the City against claims or damages arising from the negligence of the City, its agents or employees, In the event any claim, demand, suit or action is commenced against the City that gives rise to Franchisee's obligation pursuant to this Section 20, the City shall promptly notify Franchisee thereof, Franchisee's selection of an attorney to defend any such claim, demand, suit or action shall be subject to the City's approval, which shall not be unreasonably withheld. Franchisee shall not settle or compromise any such suit or action except with prior written consent of the City, which shall not be unreasonably withheld. The City shall have the right at all times to participate through its own attorney in any suit or action which arises ORD# , PAGE 15 pursuant to this Franchise when the City determines that such participation is required to protect the interest of the City or the public. In the event it is determined that RCW 4,24.115 applies to this Franchise, Franchisee agrees to defend, hold harmless and indemnify the City to the maximum extent permitted thereunder, to the full extent of Franchisee's negligence. Section 21. Tn,"ra".." 21.1 Minimllm T ¡mit.. The Franchisee agrees to carry as a minimum, the following insurance, in such forms and with such carriers as are satisfactory to the City. (a) Workers compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (b) Commercial general liability insurance with combined single limits of liability not less than $5,000,000 for bodily injury, including personal injury or death, products liability, contractual coverage, operations, explosion, collapse, underground and property damage; and (c) Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and property damage, 21.2 Mandatory Tn.man.." Provi.ion., The commercial general liability insurance and automobile liability insurance policies shall contain the following provisions: (a) The City, its officers, elected officials, employees, and volunteers are to be named as additional insured; (b) Coverage shall apply separately to each insured against whom claim is ORD# , PAGE 16 made or suit is brought, except with respect to the limits of the insurer's liability; Coverage shaH not be suspended, canceled, modified or reduced except after thirty (30) days prior written notice to the City; and Coverage shaH be primary as to the City, its officers, officials, employees and volunteers, Any insurance or self-insurance by the City, its officers, officials, employees or volunteers shall be in excess of Franchisee's required insurance, 21.3 V"rificMion ofC'ov"raf" Franchisee shaH furnish the City with certificates of insurance evidencing the coverages required by this Section 21, The certificates and endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf and must be received and approved by the City prior to the commencement of any work. At the City's request, only in the event of a claim, Franchisee shaH deliver copies of all pertinent insurance policies, Sed;on 22 BüwI. Franchisee shaH guarantee work completed by the Franchisee under this Franchise for a period often (10) years, from the time of work, against settlement or repair. Before commencing work within the City, the Franchisee shall post a bond in the amount of 120% of the value of work to be performed in connection with the Facilities to guarantee performance of the construction, performance, maintenance or repair in accordance with any permits required by Section 7, with the standard of performance as referenced in Section 8, and with any provisions of this Franchise. Procedures for submission and release of the bond shall be as provided in FWCC Sections 22-146 through 22-175 or as otherwise provided in the City Code, In the event that the Franchisee fails to perform as required herein or by any permits required by Section 7, ORD# ,PAGE 17 the City may perform the work and be reimbursed as provided in Section 11 above, and may have recourse to the bond in addition to or in lieu of the remedies provided in Section 11, at the City's sole discretion, Franchisee shall be entitled to return of the bond, or portion thereof, as remains sixty (60) days after the expiration of the term ofthe Franchise, provided the City has not notified Franchisee of any actual or potential damages incurred as a result of Franchisee's operations pursuant to the Franchise or as a result of default thereunder. Seetio" 2", c;e"er91 Provi.ion. 23.1 Fntirt>. Agrt>.t>.mt>.nt. This Franchise contains all of the agreements of the City and Franchisee with respect to any matter covered or mentioned in this Franchise and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose, 23,2 MoclifiC'.Htion. No provision of this Franchise may be amended or added to except by agreement in writing signed by both the City and Franchisee, 23.3 A..ignm..nt, In addition to the requirements of Subsection 2.1, Franchisee shall not have the right to transfer or assign, in whole or in part, this Franchise without the prior written consent of the City, which will not be unreasonably withheld or delayed, Any transferee or assignee shall, within thirty (30) days of the date of any approved transfer or assignment, file written notice of the transfer or assignment with the City together with its written acceptance of all terms and conditions ofthis Franchise. Notwithstanding the foregoing, Franchisee shall have the right, without such notice or such written consent, to mortgage its rights, benefits and privileges in and under this Franchise to the Trustee for its bondholders, 23.4 Attomt>.y.' Ft>.t>.., In the event the City or the Franchisee defaults on the ORD# ,PAGElS performance of any terms in this Franchise, and the Franchisee or the City places the enforcement of the Franchise or any part thereof or for the collection of any monies due, or to become due hereunder, in the hands of an attorney, or files suit upon the same, the prevailing party shall be entitled to an award of all reasonable attorneys' fees, costs and expenses. The venue for any dispute related to this Franchise shall be King County, Washington, 23.5 No WHiv...r Failure of either party to declare any breach or default by the other party immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default, but such party shall have the right to declare any such breach or default at any time, Failure of either party to declare one breach or default does not act as a waiver of such party's right to declare another breach or default. 23,6 Gov...mine T HW. This Franchise shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 23,7 A lIthority, Each individual or entity executing this Franchise on behalf of the City and Franchisee represents and warrants that such individual or entity is duly authorized to execute and deliver this Franchise on behalf of the Franchisee or the City respectively, 23.8 Nntiœs, Any notices required to be given by the City to Franchisee or by Franchisee to the City shall be delivered to the parties at the following addresses: Franchisee: City: AT&T Wireless, Attn.: Property Specialist - Western Region, Property Management, RE: City of Federal Way Franchise Agreement 2729 Prospect Park Drive, Suite 100, Rancho Cordova, CA 95670 City of Federal Way Attn: City Attorney 33530 1st Way South P.O. Box 9718 Federal Way, WA 98063 ORD# , PAGE 19 With a copy to: AT&T Wireless, Attn,: Legal Department, RE: City of Federal Way Franchise Agreement 2729 Prospect Park Drive, Suite 200, Rancho Cordova, CA 95670 Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth herein, Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing.. 23,9 Captions, The respective captions of the Sections and Subsections of this Franchise are inserted for convenience ofreference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Franchise. 23,10 R"m"r1i", f'.lImlllativ", Any remedies provided for under the terms of this Franchise are not intended to be exclusive but shall be cumulative with all other remedies available to the City at law, in equity or by statute. Set'tion 24 Severability If any section, sentence, clause, or phrase of this Franchise should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Franchise, ORD# , PAGE 20 Section 2<;, Ratification Any act consistent with the authority and prior to the effective date of this Franchise is hereby ratified and affirmed. PASSED by the City Council of the City of Federal Way this day of ,2003. CITY OF FEDERAL WAY MAYOR, JEANNE BURBIDGE ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. ORD# . PAGE 21 ACCEPTANCE The undersigned hereby accepts all the rights and privileges of the above granted Franchise and acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions and obligations contained therein, DATED this - day of ,2003, AT&T Wireless Services of Washington, LLC, an Oregon limited liability company, d/b/a AT&T Wireless By: AT&T Wireless Services, Inc" a Delaware corporation, its manager/member By: Print Name: Its: K:IAT&1\AWS FranchiselAWS Franchise final ORD# , PAGE 22 Exhibit A [Exhibit will be a complete set of 11" x 17" CDs for each site] ORD# . PAGE 23 MEETING DATE: January 21, 2003 ITEM# 1ZLQ! CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY MANAGER EMPLOYMENT AGREEMENT AMENDMENT CATEGORY: BUDGET IMPACT: X CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS D ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Proposed Third Amendment to City Manager Employment Agreement SUMMARYIBACKGROUND: The City Manager's Employment Agreement requires annual performance reviews, while providing for the possibility of adjustments to annual compensation, and amendments to the Agreement. The City Council conducted its performance evaluation of the City Manager on December 17, 2002, after which it determined to increase, for a market adjustment, the base salary paid to the City Manager by 2.5% for 2003. In addition, the City agreed to a 1.73% cost of living adjustment and to contribute Eleven Thousand and noli 00 Dollars ($11.000.00) annually to the City Manager's ICMA Deferred Compensation Plan. The attached draft Third Amendment reflects the December 17, 2002, determination of the Council. CITY COUNCIL COMMITTEE RECOMMENDATION: Not applicable PROPOSED MOTION: "] move approval of the Third Amendment to the City Manager's contract. ;;;::::,,~~:~~. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED D DENIED 0 TABLEDIDEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 K:\agenda\Moseley 3 amend OR~f1 THIRD AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT This Third Amendment ("Amendment") is dated effective this 1 st day of January 2003, and is entered into by and between the CITY OF FEDERAL WAY, a Washington municipal corporation ("City"), and DAVID H. MOSELEY, ("City Manager"), A. The City and the City Manager entered into an Employment Agreement dated effective October 1,1999, as amended by First Amendment dated effective January 1, 2001, and by Second Amendment dated effective January 1, 2002 whereby the City Manager agreed to perfonn the functions and duties specified in Chapter 35A. I 3 RCW and to perfonn such other legally pennissibIe and proper duties and functions as the City Council may assign from time to time ("Agreement"). B. Section 5 of the Agreement provides for a perfonnance review ofthe City Manager on an annual basis, and states that the City Manager shall receive an annual increase equal to the cost-of-living or cost-of-market increase given to the general employees of the City. C. On December 17, 2002, the City Council conducted a perfonnance evaluation ofthe City Manager. D, Section 10 of the Agreement provided that the Agreement may only be amended by written agreement signed by the parties. E, The City and the City Manager desire to amend the Agreement, to provide a cost of living adjustment, to provide market adjustment to increase the base salary paid to the City Manager, and to increase the amount of deferred compensation as allowed by the Internal Revenue Service. NOW, THEREFORE, the parties agree to the following tenus and conditions: LLSection 3(A). Base Salary, The Cil:LV.1anager's base salary of One ,Hundred Nine I.b.Q.hL?~n,l,l,igbt Ilundred Dolla¡:~($JQ(J,800) sh~IJl1£increas",(UQL,l!1)arhetm!.i\!j;J)11enJJ!.1 the aLnQllnLoí'two and one halfpercenLG~~"d. ~;'L"",I!on 4(E). Deferred COLnPcns,úÍon. On behalf of the Citv iVlana;.(er, the City agrccstgcontribute Nine IIll.mjr~dS!vteÇ!L,lJlçl67!OO D_oJ[~J:§,Œ)I(>,().n.RS;r.D]Onth, ¡(J!' d Lotal of Eleven Thousan\iVolla", IS II ,ODD) annuallv, inl(),the I('Jv1A Deferred Co In perls<,!tjQnl'lan. 3,ob _5ç.<;JioJL5, Performance and Salary Review of the Agreement shall be amended to read as follows: A performance review shall be made by the City Council of the City Manager's performance on an annual basis. In the year 20œl, the City Manager I shall receive an annual increase equal to the cost-of-living orcost-of-market increase of HtreeQ11£ and ooe-fiatfseventv-three hundredths percent (B LD.%) given to I ILoLlrepresented employees ofthe City, and thereafter, the City Manager shall receive an annual increase equal to the cost-of-living or cost-of-market increase given to general employees of the CitY;--¡J-fEWtdOO,-lIDweveF;--lhat-the+999..Base--Salmy I C.Jc.. :;cribe.d. in Seetion 3 herein include.s 1he ] 99.9 t,>,,-o and one ..hill fpercent (2.5~;,) cost oHnaFke¡-<K~í-llStment approvcc!-by-tlHJ.f..+ty-Gett_H-fer--1-999. The City and the City Manager agree that the City Manager's Base Salary may be reviewed for purposes of possible adjustment periodically, as determined by Council. I A summary of the Agreement and amendments adjusting the compensation, including changes in the base salary, performance pay, and deferred compensation, is shown in the attached as Exhibit A ofthis amendment. I ~, Full Force and Effect. All other terms and conditions ofthe Agreement not modified I by this Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the City Council of the City of Federal Way, by a majority vote on December 17, 2002, has authorized this Amendment to the Agreement to be signed and executed on its behalf, by its Mayor, duly approved by its City Attorney, and attested by its City Clerk. CITY OF FEDERAL WAY MAYOR, JEANNE BURBIDGE ATTEST: City Clerk, N. Christine Green, CMC 2 APPROVED AS TO FORM: Patricia A. Richardson, City Attorney K:\agreementsIMoseley 3a Amend. 12/30/02 CITY MANAGER DAVID H. MOSELEY 3 Exhibit A: Compensation History Effective Amendments Base Pay Performance Deferred Date Pay* Comp 01-0ct-99 $100,000 $8,000 01-Jan-00 COLA 2.5% $102,500 $5,000 $8,000 01-Jan-Ol No, 1 COLA 3.5%; $106,092 $8,997 $8,000 P3 @8.48% of base 01-Jan-02 No.2 COLA 3.5% $109,800 $9,311 $8,000 I................... 01-Jan-03 No.3 COLA 1.73%; $114,492 $9,709 $11,000 Market/Step 2.5%; Deferred Comp to $llk * Performance Pay is part of the original hiring agreement with 2000 being the first year payable, Amounts shown are maximum possible performance pay. Actual award is subject to performance review and action by Council; and is paid out in the subsequent year. 4 MEETING DATE: January 21, 2003 ITEM# :QZL: (~j CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL COMMITTEE APPOINTMENTS CATEGORY: BUDGET IMPACT: D CONSENT D RESOLUTION ~ CITY COUNCIL BUSINESS D ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: None SUMMARY /BACKGROUND: Pursuant to Council Rules of Procedure, Section 21, the Mayor makes comm ittee appointments each January, taking into consideration the interests and requests of individual Councilmembers, Members, serve one-year terms, with each committee consisting of three members, The following committees have been established: (1) Finance/Economic Development/Regional Affairs (2) Land Use/Transportation (3) Parks/Recreation/Human Services/Public Safety CITY COUNCIL COMMITTEE RECOMMENDATION: n/a PROPOSED MOTION: NO MOTION IS REQUIRED. Mayor Jeanne Burbidge will ask Councilmembers for their preferences with respect to committee appointments for the year 2003, CITY MANAGER APPROVAL: ~. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D D D APPROVED DENIED T ABLEDIDEFERREDINO ACTION COUNCIL BILL # 1ST reading Enactment reading MEETING DATE: January 21, 2003 ITEM# -:JZlT C?:) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: OTHER COMMITTEE APPOINTMENTS CATEGORY: BUDGET IMPACT: D CONSENT D RESOLUTION ~ CITY COUNCIL BUSINESS D ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingeucy Req'd: $ $ $ ATTACHMENTS: None SUMMARYIBACKGROUND: Each year there are various community and regional positions which have city appointment authority. Those committees include, but are not limited to: City/Chamber Economic Development Committee, Sister City Association, Lodging Tax Advisory Committee, City/Lakehaven Liaison Committee, City/School District Liaison Committee, Airport Communities Coalition, and Sound Transit Executive Advisory Committee. CITY COUNCIL COMMITTEE RECOMMENDATION: n/a PROPOSED MOTION: NO MOTION IS REQUIRED. : :::::~::::::"Od~'k _"om willi '~poo' m ili~, "p~i"moE'. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED D TABLEDffiEFERREDINO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001