HomeMy WebLinkAbout10-08-2007 - Agenda PacketMEDINA, WASHINGTON
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CITY COUNCIL AGENDA
MEDINA CITY HALL COUNCIL CHAMBERS
OCTOBER 8, 2007
6:00 PM
MAYOR
MILES ADAM
DEPUTY MAYOR
BOB RUDOLPH
COUNCIL MEMBERS
LUCIUS BIGLOW
DREW BLAZEY
JIM LAWRENCE
KATIE PHELPS
PETE VALL-SPINOSA
CALL TO ORDER
EXECUTIVE SESSION
The Council will convene in closed session to discuss:
CITY MANAGER
MARK F. WEINBERG
CITY ATTORNEY
WAYNE TANAKA
CITY CLERK
RACHEL BAKER
6:00 PM
6:00 PM
1. To discuss with legal counsel two items of litigation to which the City is a party, pursuant to RCW
42.30.110(1)(i)
2. To discuss with legal counsel two items of potential litigation to which the City is likely to be a
party, pursuant to RCW 42.30.110(1)(i)
3. To review the performance of a public employee, pursuant to RCW 42.30.110(1)(g)
(Any action of the Council will be taken in open session.)
CALL TO ORDER 7:00 PM
ROLL CALL
APPROVAL OF MEETING AGENDA
PUBLIC COMMENTS
Persons wishing to address the City Council on Agenda items (except public hearings) or non -agenda
items related to City business may do so at this time. Those who have service requests or complaints
are asked to first bring such matters to the City Manager for prompt attention and resolution.
(Three -minutes per person.)
REMARKS AND ANNOUNCEMENTS
A. Mayor
B. Council
C. Staff
Medina City Hall . 501 Evergreen Point Road • Medina WA 98039
425-233-6400 ph e 425-454-8490 fx • www.medina-wa.gov
PUBLIC HEARINGS
PH-1: 2008 Preliminary Budget
Recommendation: Receive, Discuss and provide direction where needed.
PH-2: Comcast Cable Franchise Agreement
Recommendation: It is recommended that the Mayor and Council Members:
1. Introduce the attached ordinance repealing Ordinance 795 and enacting new cable system
regulations; and
2. Introduce the attached ordinance granting a non-exclusive cable television franchise to
Comcast and authorizing the City Manager to enter into a 5-year Franchise Agreement.
CONSENT AGENDA
These items will be acted upon as a whole unless called upon by a Council Member.
CA-1: Approval of September 10, 2007 City Council Minutes
CA-2: Approval of September 24, 2007 City Council Minutes
CA-3: Approval of September 2007 Checks/Finance Officer's Report
CA-4: Sales/Franchise Tax/Fee Audit Agreement
Recommendation: Approve the Attached Agreement
CA-5: Building Code Adoption
Recommendation: It is recommended that the Mayor and Council approve the attached
Ordinance amending chapter 15.04 of the MMC relating to the state building code,
adopting state building code provisions and amendments thereto, amending sections
2.78.070 and 14.04.070 to remove references to the uniform building code; repealing
section 17.84.050 pertaining to fencing; and establishing effective date.
OTHER BUSINESS
REPORTS — CITY MANAGER
CM-1: Historical Use Permit — Medina Store
Recommendation: Review Findings of Fact and Conclusions and take appropriate action.
CM-2: View & Sunlight Ordinance (continued)
Recommendation: Adopt Ordinance which recognizes the importance of views and
Sunlight, and which provides a fair and structured mechanism for resolving disputes.
CM-3: Annual Emergency Services Management Report
Recommendation:
1) Receive and File Annual Report.
2) Provide Policy Direction on Scope of Program Services.
Medina City Council
October 8, 2007
Page 2 of 3
(Reports — City Manager continued)
CM-4: City Manager's Monthly Activity Report
Recommendation: Receive and File.
A. Police Department
B. Development Services
C. Public Works
D. City Manager
CM-5: Agenda Calendar
NEW BUSINESS
ADJOURNMENT
10:30 PM
Next meeting: Tuesday, November 13, 2007: 7:00 pm
Medina City Council
October 8, 2007
Page 3 of 3
ITEM PH-1
CITY OF MEDINA
Office of the City Manager
Date: October 8, 2007
TO: MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: 2008 PRELIMINARY BUDGET —REVISED AND UPDATED
RECOMMENDATION:
Discuss, receive and file.
BACKGROUND:
The attached 2008 Preliminary Budget City Council Staff Report of September 24, 2007
serves as a foundation and background for this update.
At the September 24th City Council Meeting the Council discussed the Preliminary
Budget and directed the City Manager to 1) Reconsider some revenue estimates for 2008; 2)
Consider using only new construction additions to the 2008 Property Tax Levy and perhaps
some portion of "banked" amounts; 3) add the following expenditure items: mobile radar trailer;
financial reporting software; council communications; and additional funding for emergency
preparedness supplies. Finally, Council requested that additional information be provided
relative to a request for $50,000 in Park improvements, and the 2008 Property Tax Levy.
DISCUSSION:
The total add -ins cited here (including the PD item below) have been made to the
revised proposed 2008 budget and total $73,000 in additional expenditures to the General
Fund. Reductions to General Fund Revenue projections have been made including Property
Tax Levy <$90,966>, Sales Tax <$25,000)>, and Investment Interest (-$70,000) totaling
<$185,966>.
An additional note affects the balance of the Tree Fund. Following assembly of the
September 241h Council packet it was discovered that the expenditure line item for the Poplar
Tree Replacement, 2"d phase did not include the $35,000 portion to be paid by the Country Club
(the revenue side was included). By reflecting the true total cost of the 2nd phase of the tree
replacement program ($114,000), the year-end Tree fund balance was reduced to a mere
$4,322).
Recent information from the Police Department has resulted in the addition of a $6,000
expenditure item for a professional service which provides research, and model language to
assist in the development of police policies and procedures. This item will actually cuts costs
associated with reaccreditation and is one-third of the cost ($2,000) is reimbursed by WCIA .
ITEM PH-1
One other important note that will affect current year revenues is the very recent
(9.27.2007) receipt of $163,500 in revenue for the purchase of the Upland Road Right -of -Way.
The acceptance of these funds will bolster the beginning year General Fund balance for 2008.
Given these changes to the original preliminary budget, total proposed expenditures for
the 2008 FY for all funds is now $7,281,775. Of this amount, $4,819,259 or 66% is in the
General Fund. At year's end, this budget results in less than a 1 % decrease in the unobligated
General Fund balance and a reduction in the combined fund balances of a little over 15%. The
reserve fund is unchanged.
Proposed Park Capital Outlay — Detail:
In response to the City Council's request for additional detail on proposed Park Capital
Outlay, each item in the budget has not been assigned a unique line item number and
description as follows: None of the items constitute a duplication of projects listed in the 2008
CIP schedule.
6305 - Viewpoint Park Stairs $24,000
6310 - Viewpoint Park — Irrigation & Landscape $10,000
6315 - Fairweather Playfield — Reconditioning $10,000
6320 - Park & Trails Picnic Tables & Benches $ 6,000
TOTAL $50,000
Proposed Salary Ordinance:
This updated preliminary 2008 budget includes a draft salary ordinance that includes
one change from the 2008 Salary Schedule attachment included in the Council packet of
September 24, 2007. After reviewing department head salary ranges in comparison to newly
published Association of Washington Cities 2007 Salary and Benefit Survey, it is my
recommendation to adjust the City Clerk's salary range upward by $300 monthly. The salary
ordinance should be approved at the same time the Council votes to approve the 2008 budget.
2008 Property Tax Lew Update:
The Preliminary Levy Limit Workshop for 2008 is attached. Based on the highest year
calculations, the City was entitled to collect $2,199,670 in property tax levy in 2007, but elected
to collect only $2,126,134, leaving $73,536 "banked" and available in future years. For the 2008
tax year, the City is eligible to collect an additional $21,997 by virtue of the statutory 1.01 %
increase over the $2,199,670. Additionally, the City may collect $34,567 in new construction
levy, which is based on $39.9 million in new construction during the last tax year. Accordingly,
The City's maximum allowed property tax levy during the 2008 FY may be calculated as follows:
2007 Property Tax Levy $2,126,134
Allowable "bank" $ 73,536
Current Year 1.01% increase $ 21,997
Current Year New Construction $ 34,567
TOTAL $2,256,234
2
ITEM PH-1
For illustration purposes, the following tables provide the impact of sample 2008 property tax
levy options. All options assume the City will collect the tax on new construction. Based on the
total levy collected in 2007, the City's options include reductions of any amount, or increases up
to up to 4.49%. The tables are based on a total Medina AV of $2,645,929,122. The 2007
Property Tax Levy rate is .865.
3
ITEM PH-1
CITY OF MEDINA
Office of the City Manager
Date: September 24, 2007
TO: MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: 2008 PRELIMINARY BUDGET
RECOMMENDATION:
Discuss, receive and file.
BACKGROUND:
The 2008 Budget calendar calls for submission of a preliminary budget to City Council
on September 24, 2007. At the August 22, 2007 Special City Council Meeting, budget direction
was provided to the City Manager which included: Department Directors would receive a 3.3%
COLA adjustment; revenue funds of the General, Equipment and Street funds must equal or
exceed expenditures; use of the Reserve fund may be considered for CIPs; No additional FTEs.
I am pleased to provide you with a proposed 2008 FY Budget that is balanced, as is required by
law, and which meets your guidelines.
DISCUSSION:
Total proposed expenditures for the 2008 FY for all funds is $7,151,541. Of this amount,
$4,722,441 or 66% is in the General Fund. The proposed 2008 FY Operating Budget is
principally a plan to maintain the City's existing high standard of services. As directed, no
additional FTEs are included (please note the 2007 FY Budget was amended from 23 to 24 FTE
with the addition of a full-time Building Official in lieu of continuing to contract for these
services), and planned expenditures do not exceed the projected revenues. At year's end, this
budget results in a modest increase in the unobligated General Fund balance and a reduction in
the combined fund balances of approximately 14%. The reserve fund is unchanged. The
following represents more detailed discussion of the budget elements.
2007 Revenue Expectations
General Fund revenues are expected to exceed budget projections by approximately $161,136
or 3.3%. The additional revenues are primarily due to increased building permit activity
($150,000), increased interest earnings ($75,000), increased municipal court fines ($25,000),
added pass -through fees ($55,000), and miscellaneous taxes and fees ($30,000) offset by
shortfalls in sales tax (-$150,000), and grant funding (415,000).
2008 Revenue Forecast
The revenue forecast for 2008 anticipates that the property tax levy will rise by a total of
$125,533. This increase includes the statutorily allowed 2008 1 % increase, plus the 2007
2
ITEM PH-1
"banked" 1 % increase and an estimated $30,000 for new construction. The revenues received
by the City fall into two categories: unrestricted and restricted. Unrestricted revenues are
largely General Fund (GF) revenues. Unrestricted revenue may be used for any legal purpose,
but restricted revenue may only be used for specific purposes. Examples of GF expenditures
include:
■ Police
■ Parks and recreation
■ Developmental services
■ Permitting
■ Legal
■ Information technologies
■ Administration
The GF can be used to pay debt service (of which the City currently has none), and may also be
used as a source of revenue for capital projects.
Restricted revenues are taxes, fees and charges that may only be used for very specific
purposes. Examples are tree removal mitigation fees, which must be used for tree replacement
purposes. Real estate excise taxes may only be used on capital projects.
A decrease in restricted revenue would cause a reprioritization of the Capital Improvement Plan
(CIP); a decrease in GF revenue could cause a reprioritization of service levels. A closer look at
GF revenue, followed by a brief look at restricted revenue follows.
FACTS & FINDINGS:
Unrestricted Revenue
General Fund (Current Expense)
The report that follows is based on the revenue forecast shown below. The table shows four
years of history, the current forecast for 2007, and the forecast for 2008 that has been used in
the development of the 2008 preliminary budget.
General Fund Revenue
2003 - 2006 Actual; 2007 - 2008 Forecast
(thousands of dollars)
2003
2004
2005
2006
Forecast
2007
Forecast
2008
Taxes
$2,978.0
$3,340.5
$3,300.5
$3,305.9
$3,031.1
$3,256.7
Licenses &
Permits
$459.2
$478.9
$800.6
$778.5
$901.5
$901.5
Intergovernmental
$222.8
$127.6
$359.5
$250.1
$209.3
$283.2
Charges
$4.1
$9.2
$22.2
$20.0
$23.0
$22.6
Fines
$127.7
$114.3
$68.2
$69.4
$100.0
$120.0
Miscellaneous
$269.5
$270.8
$458.9
$517.6
$569.2
$541.7
Street Intergvt
$63.5
$61.2
$63.1
$116.7
$69.1
$149.0
Total Op Revenue
$4,124.8
$4,402.5
$5,073.0
$5,058.2
$4,903.2
$5,274.7
Assumptions to GF revenue are:
■ Property tax revenue will increase by "banked amount', statutory 1 % annual increase
and new construction.
5
ITEM PH-1
• Sales Tax revenue will decline to reflect 2007 level activity, offset moderately by SST
which becomes effective July 1, 2008.
■ Permitting revenue will grow moderately as residential development activity continues to
be strong.
■ Interest rates are expected to decline slightly, and intergovernmental revenue will be
relatively flat.
The GF receives revenue from a variety of sources, but 64% of GF revenues are derived from
taxes. Property taxes represent the largest source of revenue (44%). Medina's property tax rate
is $0.86 per thousand dollars of assessed valuation, a rate that has consistently declined over
that past ten years because increases to assessed valuation are greater than the City's
allowed/adopted rate increases during the same period.
With regard to property tax levy, this forecast assumes that the City will use its "banked" levy
capacity from 2007 of $21,476 as well as the 1 % increase available under 1-747. As the City
develops the 2007 annual budget, a property tax ordinance will be brought to Council for
consideration.
Medina's assessed valuation for 2007 was $2.45 billion. As of this writing King County Assessor
had no 2008 tax year information available yet, though it is expected any day.
Much interest is given to property taxes and how Medina compares to other King County cities.
The attached table provides a comparison of tax rates for King County cities. Medina's property
tax rate for 2007 is .864 per thousand, down from .946 per thousand in 2006. The total
consolidated rate, including all taxing districts except surface water assessments or Fire District
benefit charges in 2007 was $7.47 per thousand dollars of assessed valuation, or a reduction
from the $7.80 per thousand in 2006.
Sales taxes
Sales taxes represent approximately 19% of the Medina's GF revenue. For reasons that are
not immediately apparent, sales and use tax revenues are projected to decline by as much as
15% in 2007, however some expected rebound and anticipated benefits from the SST
legislation which will be in effect the second half of the fiscal year will offset most of the decline.
The long-term forecast has sales tax revenue remaining stable, except for unanticipated single
event increases, which are not possible to forecast. Sales tax comes to the City from many
sources. Each month, more than 1,500 businesses report sales tax to the City of Medina. The
revenue is categorized by industry type using the North American Industry Classification System
(NAICS). The following graph shows the six (out of 20 total) industry categories that provide
Medina with the largest percentage of sales tax revenue (FY 2006). These six categories
provide the City with about 94% of sales tax revenue.
Percentage of Sales Tax Revenue for Selected Categories
Construction 66%
Retail Trade 10%
Management, Ed & Health Services 9%
Arts, Entertainment & Rec 3%
Retail Sales 3%
Professional, Scientific and Tech 3%
The Pacific Northwest has experienced strong performance in construction activity and it is
expected to continue for the next few years.
n
ITEM PH-1
Streamlined Sales Tax (SST)
The most likely change to sales tax receipts is the sourcing component of the Streamlined Sales
Tax initiative. After vigorous advocacy from the AWC and other groups, this legislation was
approved last Spring. The resulting boost in sales tax revenues is estimated to be approximately
$50,000 annually, but this is speculative, and it will take some history before we can feel more
confident about projecting this element of sales tax revenues.
Restricted Revenue
Restricted revenue has limitations on what the revenue may be spent. The table following this
paragraph shows a four year history, the revised forecast for 2006 and a forecast for 2007. The
assumptions are as follows:
■ Street revenue, a state shared source, will increase slightly.
■ Utility taxes will not be raised from the current 0%.
■ REET will remain strong as long as the housing market in the Pacific Northwest
continues to hold.
Restricted Revenue
2003 — 2006 Actual; 2007 — 2008 Forecast
Forecast
Forecast
2003
2004
2005
2006
2007
2008
Street
$ 63,514
$ 61,163
$ 63,123
$ 116,704
$ 69,123
$149,000
Real Estate Excise Tax
$219,735
$562,227
$880,306
$813,306
$820,000
$900,000
Utility Tax
$
$ -
$ -
$ -
$ -
$ -
ree Mitigation Fees
$ 47,240
$ 53,924
$ 54,353
$ 15,415
$ -
$35,000
Street Fund
Revenue to the Street Fund in 2007 will be approximately $69,123 from State -shared gas tax.
This revenue base has been relatively steady. Gas tax revenue is provided to cities on a per
capita basis. In 2008, a one-time NPDES grant of $75,000 is expected to supplement $74,000
in gas tax revenue and increase the year's total to Street Fund revenue to $149,000.
Real Estate Excise Tax (REET)
Medina has two Real Estate Excise Tax funds, and each collects'/ % of the sale price for real
property sold in Medina. REET revenue has been steadily increasing since 2004 but is expected
to be level in 2008.
EXPENDITURES
General Fund
The 2008 Preliminary Budget GF expenditures have increased 2.0% over the 2007 Budget
appropriation. The principal reason for the increase is the incorporation of two years of wage
and benefit costs, as well as communication and technology enhancements. As directed by the
City Council, no new full or part-time positions have been proposed in this budget. However,
these costs have been well tempered by reductions in other areas such as special counsel, LT
Consulting services, and Building Official and landscape consulting fees.
VA
ITEM PH-1
The 2008 Preliminary Budget GF expenditures and interfund transfers total $4,922,441, which is
$203,236 under the 2008 GF Revenue forecast.
Equipment Replacement Fund
The 2008 expenditures for equipment replacement total $39,480, which is reduction from the
$115,000 approved in 2007. The single equipment item being requested is the replacement of
an aging patrol car with 90,000 miles and a service record that is becoming increasingly high
and unacceptable. While the second phase of a two-year planned replacement of radio
equipment is also included in this budget, it is not listed in the equipment replacement fund
because we are adhering to traditional government accounting practices which reserve
equipment fund purchases for single items with a value of $5,000 or greater.
Street Fund
A total of $200,000 from the GF is being transferred into the Street fund, which will benefit from
a one-time $75,000 National Pollution Discharge Elimination System (NPDES) grant and end
the fiscal year with a projected fund balance of $72,271. This fund will continue to support
maintenance of roadways, storm drains, sidewalks, traffic control devices, and crosswalks.
Phase II of the NPDES program will occur, which includes storm system inventory and mapping,
as well as pollution prevention operations and the creation of a storm water runoff control
ordinance to comply with new federal law.
Current Operating Expenses
The General Fund, Equipment Replacement Fund and Street Fund make up the operating
funds of the City. The total 2008 operating expenses are $5,274,541 which is $68,677 more
than the 2007 Budget.
Importantly, the draft 2008 Preliminary Budget recurring revenues exceed the 2008 Operating
expenditures by $136. This compares favorably to the 2007 approved budget in which
expenditures exceeded revenues by $398, 835.
Capital Projects Fund
The 2008 Capital Projects Fund budget totals $1,798,000, which reflects an increase of
$376,000 above the 2007 Budget. The Nearly half of the 2007 proposed expenditures
($760,000) is carryover from the 2007 Budget for the City Hall life -safety repairs, which is
progressing through design and engineering phases now. Another $375,000 has been set
aside purchase and installation of the City's planned public safety enhancement (camera
surveillance) system. A full list of the planned and approved 2008 CIPs is attached for further
detail.
Other Notable Issues
In Spring 2007 the City Council approved staffs recommendation to replace contracted
Building Official consultant services with a full-time Building Official. It is anticipated that
the service benefits of this change will include: Increased direction and supervision for
the building inspector; increased accountability for permit streamlining action plan and
future customer service standards; increased productive work hours (eliminates portal-
to-portal rates, which are included in monthly consultant fees).
The financial implications of this in the 2008 operating budget compared to the 2007
budget is the addition of $104,725 in wages and benefits for the newly added position,
and elimination of $150,000 in building official consultant costs for a net savings of
$45,275. Given projected actual 2007 building official consultant costs, the expected
savings is closer to $55,000 for next year. As agreed, if future building permits activity
declines, the Building Official will be able to take over inspection duties, which will further
reduce costs.
ITEM PH-1
• Preliminary 2008 budget includes estimates of employee health insurance premium
increases of 15%. This is an estimate; we have been advised that the increase will be
between 12% and 16%. Similarly, other benefit increases have been budgeted at the
upper range of early estimates. These will be adjusted prior to submitting the final
budget, and could represent some savings.
• 2008 Property Tax information from the King County Assessor's Office is not available at
the time of this writing so there is no way to accurately report increases in assessed
valuation, new construction value, or to calculate the expected tax levy rate. This
information will be made available as soon as it accessible —almost assuredly in time for
the October 8th Budget Public Hearing.
• Calculation of the Hunt's Point Police services contract resulted in a 2008 FY cost
increase of $72,000 from $168,000 to $240,000. This is primarily due to higher Police
wage and benefit costs, higher communications and technology costs, and the inclusion
of emergency management expenses.
• The proposed 2008 budget includes an estimate of $78,000 for the City's membership
premium in the Washington Cities Insurance Authority (WCIA), which covers us for auto,
property and liability. Some adjustment is likely when exact premium amounts are
communicated to member cities shortly.
• This 2008 budget includes an important financial reporting software upgrade at a cost of
$20,000. The current system is outdated, slow and incapable of providing the financial
information needed in a variety of custom and standard formats.
• Funds are included in this proposed budget to pay for the second phase of the Poplar
tree replacement, principally along 84th Street N.E.
• Granicus System — This item was included in early budget runs but had to be eliminated
to meet the Council's budget directives. The item cost estimate was $106,600 which
includes the hardware, software, installation, Council Chambers lighting and sound
modifications, and annual fees for editing and streaming audio/video on Internet of
meetings. Also included is an agenda manager application and meeting minutes builder
application. The $32,000 approved for vastly less feature -rich product in 2007 was
unspent.
• A total of $375,000 is included in this
enhancement camera surveillance system
be accomplished in the current year ve
completed after January. Further exper
budget approval process.
budget for the ALPR-enabled public safety
This is an estimate based on what work may
rsus what additional work may need to be
diture refinements are expected later in the
• $44,125 in NORCOM technology shared costs is included in the proposed budget. This
represents the City's maximum financial exposure and will likely be reduced
commensurate with NORCOM's ability to obtain federal and state grants for the
purchase.
• Emergency Management has traditionally relied on government grants to fund a
significant portion of its program activities. No grant funds are included in this year's EM
budget at this time. The EM budget is very modest and deserves further consideration.
• Given the absence of any participation in the Suburban Cities Association, the
membership fee for this organization ($1500) has been deleted in 2008.
M
ITEM PH-1
With the replacement of a high -mileage, aging patrol cruiser, the City Manager
recommends that, in lieu of modest surplus sale revenues, the vehicle be converted for
use by the Volunteers in Police Services (YIPS) program.
10
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PH-1
PH-1
CITY OF MEDINA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MEDINA
ESTABLISHING THE 2008 FY SALARY SCHEDULE.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. The following 2008 Salary Ranges for the City employees
listed shall be as follows:
2008 Salary Schedule
Minimum
Midpoint
Maximum
City Clerk
$ 4,695
$ 5,185
$ 5,675
City Manager
$ 8,060
$ 8,955
$ 9,845
Director of Development Svcs
$ 6,305
$ 7,000
$ 7,695
Director of Public Works
$ 6,305
$ 7,000
$ 7,695
Finance Officer
$ 4,640
$ 5,160
$ 5,675
Police Chief
$ 7,440
$ 8,275
$ 9,105
Police Lieutenant
$ 6,580
$ 7,320
$ 8,060
Building Official
$ 5,830
$ 6,445
$ 7,055
Police Sergeant
$ 5,512
$ 6,028
$ 6,544
Patrol Officer
$ 4,678
$ 5,229
$ 5,779
Maintenance Supervisor
$ 4,847
$ 5,250
$ 5,652
I.S. Coordinator
$ 3,971
$ 4,293
$ 4,615
Development Services Coordinator
$ 4,054
$ 4,341
$ 4,627
Records Manager
$ 3,968
$ 4,322
$ 4,675
Administrative Assistant
$ 3,971
$ 4,293
$ 4,615
Maintenance Worker
$ 3,816
$ 4,134
$ 4,451
PASSED BY AT LEAST ONE MORE THAN A MAJORITY OF THE CITY
COUNCIL ON THIS DAY OF 2007, AND SIGNED IN
AUTHENTICATION OF ITS PASSAGE THE DAY OF 2007.
Miles R. Adam, Mayor
Ordinance No.
PH-1
Approved as to form:
Wayne D. Tanaka, City Attorney
Attest:
Rachel Baker, City Clerk
Passed:
Published:
Effective Date:
Ordinance No.
PH-1
SUMMARY OF ORDINANCE NO.
of the City of Medina, Washington
On , 2007, the City Council of the City of Medina,
Washington, adopted Ordinance No. the main points of which are
summarized by its title as follows:
AN ORDINANCE OF THE CITY OF MEDINA
ESTABLISHING THE 2008 FY SALARY SCHEDULE.
The full text of this ordinance will be mailed upon request.
APPROVED by the City Council at their meeting of , 2007.
Rachel Baker, City Clerk
Ordinance No.
PH-1
2004
1
2005
1
2006
.s '�`"
';
2008
2008
s
2008
%
_
ACTUAL
ACTUAL
ACTUAL
Preliminary
DESCRIPTION
Budget
Change
Change
GENERAL FUND
BEGINNREVENUES FUND BALANCE
$
2,059,53582
$
2,473,487
$
$
(164,650)
5.007 693
4,941,492
+#
4,941,1711
O,6s7
3.79%
3.794/0
OPERATING TRANSFERS IN
--
-
-
-- -
-
#DlV'0!
E
EXPENDITURES
3,S6o,427
'
4,1153,636
4,212,1.08
, _
4 4,9,2`9
192395
4.16%
E
OPERATING TRANSFERS -OUT
505,000
i
399,000
554,407'-
200,000
(151,283
43.07°/a
-
ENDING FUND BALANCE
$
2,018,490
$
2,473,487
$
2,648,364
2,405,966
$
(25,305)
-1,04%
EQUIPMENT FUND
_
BEGINNING FUND BALANCE
$
76,264
$
41,493
S
67,544
'i
". ;."
1 ;.c$
80,622
(21,000)
-20,66%
REVENUES
2,228
(2,500)
•100.00°/0
OPERATING TRANSFERS -IN
_9,045
77,000
-
77,000
77,000
(8(I,(00)
-1(H1.00",/0
- --
EXPENDITURES
120,816
53,177
_
42,922
39,4_80
(75,520)
-65,67%
OPERATING TRANSFERS -OUT-
#DIV;`O!
ENDING FUND BALANCE
$
41,443
$
67,544
$
1O1,623
$
41,142
S
(27,980)
-40,48%
STREET FUND
"
BEGINNING FUND BALANCE
$
173,832
$
191,423
$
223 730
,
�i " $
2 5,89I
-.
(62,(106}
20.81°/u
--
REVENUES
-
61,164
_
63,126
--
116,704
149,000
75,525
102.79%
_
OPERATINGTRANSFERS-iN
400,000
322,000
`
258,907
200000
-
(71,283)
26.28°/n
- - --
EXPENDITURES
-
443,57'
'
352,819
--
30.1,444
?1
511_,0_3_6
47,O36
1014°10
OPERATING TRANSFERS -OUT
OTHERNON-EXPENDITURES
_
#DIV/0!
ENDING FUND BALANCE
$
191,423
$
223,730
! $
297,897
73,855
$
(104,900)
-58.60%
RESERVE FUND
BEGINNING FUND BALANCE
$
1,776,380
S
1,776, 380
$
1,776, 380
.
l $
1,776,380
$
0.00°l0
REVENUES
. 'r'
-
#DIV 0!
OPERATING TRANSFERS -IN
+
#DIV 0!
EXPENDITURES
�*
-
#DIV 0!
OPERATING TRANSFERS -OUT
#DIV.'0!
ENDING FUND BALANCE -
S
1,776,380
$
1,776,380,
S
1,776,380
'r p {�` $
1,776,380
$
0.00%
TREE FUND
- -- ---
BEGINNING FUND BALANCE
$
--
19,090
S
--
69,592
-
$
-----
121,406
'
i40> $
- --
83,322
$
(51,078)
-38.00%
-
REVENUES
_
_
53,925
r
54,353
_
15 415
z
35,000
20,000
133.33%
OPERATING TRANSFERS -IN
EXPENDITURES
3,423
2,539
2,421
114,000
44,000
62.86°%
TRANSFERS -OUT
#DIV/O!
_OPERATING
ENDING FUND BALANCES
$
_ 69,592
- $
121,406
$
134,400�`.
$
4,322
S
(75,078)
-94.56%
PARK PROPERTY DEBT FUND
BEGINNING FUND BALANCE
$
139,685
: $
102,298
$
65,911
$
- -
$
#DIV;0!
---- --- --
REVENiIES
, . , _ '
#DIV 0!
OPERATING TRANSFERS -IN
_
218,500
$",
_
#DIV'O!
_
EXPENDITURES
_
36,387
36,387
284,410
#DIV'0!
OPERATING TRANSFERS -OUT
ENDING FUND BALANCE
$
102,298
$
65,911
S
«" r. $
$
#DIV,'0!
CAPITAL PROJECTS FUND
BEGINNING FUND BALANCE
$
538,719
$
739,600
$
1,422,007
L 511,420
$
(284,640) 15.85%
-_ -
REVENUES
562,227
880,306
873,690
900,000
-
0.000/0
OPERATING TRANSFERS -IN
28,000
#DIV'0!
EXPENDITURES
389,346
197,899
499,637
1, '` :'
lfi
1,79X,000
37Fi,(?()0
26.44%
OPERATING TRANSFERS -OUT
#DIVO!
ENDING FUND BALANCE
$
739,600
$
1,422,007
$
1,796,060
`' }ate ''' ;`'
.}�y S
_ 613,420
$
(660,640)
-51.85%
TOTAL ALL FUNDS BUDGET
?
BEGINNING FIND BALANCE
$
4,782,505
$
4,939,276
$
6,150,465
4i'
S
6,171,150
S
(583,574)
-9,64%
REVENUES
5,018,743
6,007,646
5,947,;01
,5�13
6,025,71I
273,682
4.761V4
OPERATING TRANSFERS -IN
505,000
_
399,000
554,407
200,000
(151,283)
-43.07%
EXPENDITURES
4,861,972
4,796,457
5,343,042
7291,775
583,911
8-72°i,
OPERATING TRANSFERS -OUT
505,000
399,000
554,407
t"
200,000
(151,283)
43,07%
OTHER NON -EXPENDITURES
`"
:. '
#DIV'O!
ENDING FUND BALANCE
$
4,939,276
$
6,150,465
$
6,754,724
-1AWK 4L'f,fn
1,_,' $
4,915,086
$
(893,803)-15.39%
9:52 AM 10/3/2007
PH-1
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FY 2008 OPERATING BUDGET
LEGISLATIVE
FUND: 001
DEPARTMENT: 511
GENERAL OBJECTIVES:
Represent the people of Medina in the process of assessing community needs, developing legislative
initiatives, formulating public policy, approving the annual operating budget, and overseeing the City
Manager's efforts to provide quality public service delivery
FY 2008 PROGRAM OBJECTIVES:
(1) Continue to cultivate regional, state and national intergovernmental relations aimed at promoting
Medina's Legislative and fiscal needs; (2) Attend regional transportation, housing, economic development,
utility, development and urban planning meetings which can affect quality of life in Medina; (3) Continue
to play an active role in the planning and engineering phases of the SR 520 bridge replacement program;
(4) Review the actions, recommendations and findings of the City's regulatory and advisory boards and
commissions; and (5) Provide fiscal and supervisory oversight to the City Manager.
FY 2008 HIGHLIGHTS:
Item 4100: Provides funds for expert consultant activities on topics of interest to the Council.
Item 4200: Provides funds for video-taping all City Council Meetings for broadcast on the City's
Cable station.
Item 4300: Provides training and travel for the Mayor and Council Members to attend national,
statewide, regional and local meetings and training.
Item 4900: Provides for biannual Council retreat, special supplies and equipment
Item 4910: Provides funds for Medina Days fireworks displays and portable restrooms.
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CITY OF MEDINA
FY 2008 OPERATING BUDGET
MUNICIPAL COURT
FUND: 001
DEPARTMENT: 512
GENERAL OBJECTIVES:
Provide municipal court services to include case review and prosecution of traffic citations, offenses and
criminal misdemeanors.
FY 2008 PROGRAM OBJECTIVES:
(1) Continue to facilitate the administration of justice through the timely review, filing and prosecution of
offenses and criminal cases; (2) continue to participate in any state or local court programs at assisting,
preventing, treating or sentencing persons involved in selected crimes such as domestic violence or
substance abuse; and (3) providing training, reporting and other assistance to local law enforcement
agencies to improve working relationships and the efficacy of the court system.
FY 2008 HIGHLIGHTS:
None.
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FY 2008 OPERATING BUDGET
EXECUTIVE
FUND: 001
DEPARTMENT: 513
GENERAL OBJECTIVES:
Provide leadership in the development of public policy and service strategy recommendations to the
Mayor and Council. Provide direction and supervision to all City staff, consultants and contractors to
insure the efficient and effective delivery of municipal services. Facilitate and nurture an organizational
culture that is customer -centric, responsive to policy makers and constituents, and adheres to the
professional and ethical standards of the International City/County Management Association (ICMA).
Provide sound fiscal management through the development of a City budget that maintains service
quality, prudently allocates resources, and maximizes revenues while controlling costs. Expand and
enhance intergovernmental relationships, and support legislation that serves the best interests of Medina
residents.
Position Summary Recap:
Personnel:
CITY MANAGER
TOTALS
FY 2007 FY2008
POS FTE OT POS FTE OT
FY 2008 PROGRAM OBJECTIVES:
❑�
0
DIFFERENCE
POS FTE OT
(1) Monitor the SR520 expansion project to insure the City's interests are addressed; (2) Continue to
search for viable solutions to the City's need for additional City Hall, Police, and Public Works space; (3)
Monitor and insure the timely completion of capital and special improvement projects such as
undergrounding utilities, public safety enhancement, 2"d phase Poplar tree replacement, and storm and
sewer replacements; (4) Implement programs to improve Council communications such as televised
council meetings or online video streaming; (5) Continue to provide oversight and direction to strengthen
the City's emergency and disaster response capabilities; (6) Pursue grant and other funding sources as
part of a comprehensive strategic plan to insure the continued cost effective delivery of services; and (7)
Continue to develop an organizational culture focused on exemplary customer service.
FY 2008 HIGHLIGHTS:
Item 3500: Provides for the replacement of a file cabinet, addition of a lateral file, and a desk light.
Item 4100: Provides for professional consulting services to assist the City Manager in such areas as
management, health, budget, performance, franchise and labor negotiations.
Item 4200: Provides a monthly communications allowance as per agreement.
Item 4300: Provides for attendance at the annual ICMA and Northwest City Manager's Conferences,
as well as miscellaneous area -wide meetings.
Item 4900: Provides for expert consulting services , public announcement fees, and employee
service and appreciation awards.
Item 4901: Provides for professional association membership dues, professional journals and
newsletters. Also provides for monthly auto allowance as per agreement.
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FY 2008 OPERATING BUDGET
FINANCE
FUND: 001
DEPARTMENT: 514
GENERAL OBJECTIVES:
To maintain all related accounting and financial reports for the City of Medina as mandated by, and in
compliance with, the Washington State Auditor's Office. Provide additional services of Risk Management
and Human Resources for the City.
FY 2008 PROGRAM OBJECTIVES:
1) Research extensively and recommend a new windows based accounting software package for the City
of Medina. The software utilized is DOS based, purchased in the 1990's, maintenance for the software is
extremely limited, and is outdated. 2) To maintain the timeliness and accurateness of all financial reports
including the Annual Report, Taxes, Financial Statements, Payroll, Employee Benefit Plans, as required
by local, state, and federal law.
Position Summary Recap:
FY 2007 FY2008 DIFFERENCE
POS FTE OT POS FTE OT POS FTE OT
Personnel:
FINANCE OFFICER 1 0 0 1 0 0 0 0 0
TOTALS 1 0 0 1 0 0 0 0 0
FY 2008 HIGHLIGHTS:
Item 4300: Provides for attendance at the annual WMTA, WFOA and APTUSC Conferences, as well
as miscellaneous area -wide meetings.
Item 4600: Provides for annual premiums paid into the risk pool to cover the City's liability and
property insurance.
Item 4900: Provides for memberships, dues, accounting subscription, and unforeseen accounting
items as needed.
Item 4910: Provides for bank fees and credit card charges, as well as some modest employee
benefit plan fees.
Item 5100: Provides for all mandated costs related to the Washington State Auditor's Office annual
audit of the prior year Financial Statements.
Item 6410: Provides funds for purchase of an enhanced financial reporting software package. This
will enable the City to produce more timely, expanded financial reporting.
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FY 2008 OPERATING BUDGET
LEGAL DEPARTMENT
FUND: 001
DEPARTMENT: 515
GENERAL OBJECTIVES:
Provides legal counsel to the Mayor and City Council, as well as the City Manager and operating
department heads, on a full range of municipal matters. Drafts agreements, ordinances and other legal
documents. Reviews state and federal law for its impact on local government. Represents, or supervises
other counsel, relative to claims against the City, litigation and other legal actions.
FY2008 PROGRAM OBJECTIVES:
(1) Provide legal services necessary to undertake City programs as formulated and approved by the City
Council; (2) Advise all City officials as to legal procedures and methods to accomplish their assignment
and duties; (3) Assist in the development of processes which will minimize the City's liability; and (4)
Attend all City Council Meetings and provide legal counsel as to process and actions taken.
FY 2008 HIGHLIGHTS:
Item 4100: Increase due to higher fees adjusted for CPI.
Item 4160: Provides funds for special counsel in matters where unique expertise is necessary.
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FY 2008 OPERATING BUDGET
CENTRAL SERVICES
FUND: 001
DEPARTMENT: 518
GENERAL OBJECTIVES:
Provides a variety of internal support, record keeping, information technology, and public information
services. Coordinates production of meeting materials for the City Council, Planning Commission, Park
Board and Hearing Examiner. Produces meeting minutes; provides public noticing of public hearings,
meetings and development permits. Ensures timely codification of newly adopted ordinances, and timely
legal publications of notices, hearings, ordinances and resolutions.
FY2008 PROGRAM OBJECTIVES:
(1) Continue to maintain all City official records, keep the minutes of official meetings and respond to
requests for information under the Public Records Act (PRA); (2) Provide communication and information
technology support to the City via the maintenance of telephones, servers, networks, desktop computers,
cell phones and PDAs; (3) Continue to explore agenda development and records management software
programs in an effort to streamline processes and become more efficient; (4) Publish and distribute
official meeting and hearing notices, procurement bid packages, monthly and quarterly newsletters, and
other information of interest to the public; (5) Process U.S. Passport applications; (6) Serve as liaison to
King County concerning elections and voter registration; (7) Provide secretarial and clerical support to
the City Manager and other City Hall staff; and (8) Provide in -person reception services and handle
telephone inquiries and calls for service.
Position Summary Recao:
FY 2007
FY2008
DIFFERENCE
POS FTE
OT
POS FTE
OT
POS FTE
OT
Personnel:
CITY CLERK
1 0
0
1 0
0
0 0
0
INFO SYS COORDINATOR
1 0
0
1 0
0
0 0
0
ADMINISTRATIVE ASSISTANT
1 0
0
1 0
0
0 0
0
TOTALS
FY 2008 HIGHLIGHTS:
Item 1200: Provides for overtime for Administrative Assistant to attend Planning Commission and
Park Board Meetings.
Item 3100: Provides for office and operating supplies for City Hall; increase due to additional need
and higher costs.
Item 4100: Provides for professional services including MMC Code updates and publishing, and
consulting services for electronic records management software.
Item 4300: Provides for training, travel and subsistence for City Clerk and Administrative Assistant at
relevant institutes, conferences and area -wide meetings.
Item 4500: Provides for the rental of offsite storage space, and for Public Works trailer.
Item 10-4800: Provides for routine maintenance and repairs of computers, phones and office
equipment.
Item 4910: These expenses have been transferred to Central Services under Item 4910.
Item 30-4800: Provides for custodial services, routine maintenance and repairs in City Hall.
Item 4903: Provides for City membership in regional coalition for housing.
Item 6410: Provides for purchase of Public Records Act (PRA) and Agenda Manager Software. Thi P H — 1
will enable the City to receive, record, track and respond to PRAs in a more timely
manner. It will also facilitate the agenda development process through automation.
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FY 2008 OPERATING BUDGET
INFORMATION TECHNOLOGY
FUND: 001
DEPARTMENT: 519
GENERAL OBJECTIVES:
Provide quality, cost effective, reliable, and current information technology tools, systems, and services
including customer and user support. Procure, maintain, and support primary computer applications for all
departments and related database systems. Works closely with many vendors to assure good
vendor/client relationships and manage software support contracts with vendors. Manage the City's
Internet web site.
FY2008 PROGRAM OBJECTIVES:
(1) Monitor and administer local area network and communications systems to ensure consistency and
reliability; (2) Improve systems to allow for online video streaming of public meetings; (3) Improve the City
web site to further enhance its effectiveness as a viable communication tool; (4) Work with Finance
Officer and vendor in the implementation of new financial software for Accounts Payable, Cash
Receipting, Payroll, Miscellaneous Billing, and Budget; (5) Work with Development Services Department
to implement a new scan station and associated database for electronic document storage and archiving
of building records; and (6) Implement new hardware and networking configurations to reduce monthly
telephone system costs.
FY 2008 HIGHLIGHTS:
Item 4150: Provides professional consulting as needed or during emergencies; improvements to web
site; consulting for online video streaming project; and cost saving upgrades to IP
telephone system.
Item 4800: Provides ASM (Annual Software Maintenance) for various software programs; network
antivirus subscription renewal; email security and filtering; domain renewal; web site
hosting and services; telephone system maintenance. Also provides minimal contingency
funding for unforeseen or unexpected needs.
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FY 2008 OPERATING BUDGET
POLICE DEPARTMENT
FUND: 001
DEPARTMENT: 521
GENERAL OBJECTIVES:
To protect life and property, maintain order, enforce the laws of the State of Washington without
prejudice, and work cooperatively with the public to provide a safe community to all. Provide a full suite of
public safety services to Medina and the contract Town of Hunts Point including, but not limited to;
proactive and reactive police patrols, in-depth case investigations, School Resource Officer, issuance of
concealed weapons permits, fingerprinting for employment, professional licensing or governmental
requirements, City code enforcement, animal control and house watch.
FY 2008 PROGRAM OBJECTIVES:
(1) Improve Police dispatching services through membership in the NORCOM — Eastside
Communications/dispatch center; (2) Continue to recruit and hire the finest Police Officers in the nation;
(3) Continue targeted traffic enforcement measures to increase motorist and pedestrian safety; (4)
Present traffic safety classes to the public; (5) Continue to pursue federal, state and local grants to offset
department funding needs, as well as use grant funds that will encourage interagency cooperation; (6)
Re-establish a School Resource Officer presence at our 3 elementary schools; (7) Establish a legitimate
Emergency Operations Center/Disaster Preparedness center; (8) Fulfill all mandatory and professional
training requirements for each employee per accreditation standards; (9) Achieve re -accreditation status;
(10) Initiate full usage of the Public Safety Surveillance Camera System; (11) Manage the seasonal
Lifeguard program; and (12) Create a Volunteers in Policing (YIPS) and Reserve Officer program.
Position Summary Recap:
FY 2007 FY2008 DIFFERENCE
POS FTE OT POS FTE OT POS FTE OT
Personnel:
POLICE CHIEF
1
0
0
1
0
0
0
0
0
POLICE LIEUTENANT
1
0
200
1
0
200
0
0
0
POLICE SERGEANT
1
0
150
1
0
150
0
0
0
PATROL OFFICER
6
0
1207
6
0
1240
0
0
33
RECORDS MANAGER
1
0
0
1
0
0
0
0
0
POLICE ADMIN SPECIALIST
1
0
0
1
0
0
0
0
0
TOTALS
11
0
1557
11
0
1590
0
0
33
HIGHLIGHTS:
Item 1200: Increase in OT is due largely to the negotiated salary increases, and reassessment of
needs.
Item 3170: Provides for the replacement of half the department's portable radios, including software
and batteries.
Item 3520: Provides for the replacement of firearms and holsters that have lost 75% of life in their
tritium night sights.
Item 4100: Provides for professional consulting services to assist the Police Chief in such areas as
expert witnesses, personnel management, civil service, health, budget, performance and
labor negotiations.
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Item 4200: Provides for monthly communications for all officers so they can be summoned on or of. PH
duty for emergencies. Increase due to addition of handheld citation writing devices,
software and communication equipment.
Item 4300: Provides for attendance at the annual IACP, FBI and WASPC Police Conferences, as
well as miscellaneous area -wide meetings.
Item 4920: Provides for one replacement mountain bicycle and associated equipment for the popular
Bicycle Patrol. The last bicycle purchased by the department was 2000.
Item 4940: Provides for professional association membership dues, professional journals and
newsletters.
Item 4941: Provides funds for a professional service which provides research, and model language
to assist in the development of police policies and procedures. Cuts costs associated with
reaccreditation. WCIA reimburses City one-third of this cost
Item 5115: Provides transition costs to NORCOM—regional communications dispatch services.
Item 6430: Provides for the purchase of an additional mobile radar speed enforcement trailer.
Item 6440: Provides for Medina's share of NORCOM Technology start-up costs.
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FY 2008 OPERATING BUDGET
FIRE DEPARTMENT
FUND: 001
DEPARTMENT: 522
GENERAL OBJECTIVES:
Assists the public in the protection of life and property by minimizing the impact of fire, medical
emergencies, and potential disasters or uncontrolled events that affect the community and environment.
FY 2008 PROGRAM OBJECTIVES:
Ongoing evaluation of community safety and compliance with recognized standards of fire protection; (2)
Participates actively in the King County EMS Strategic Plan initiatives; (3) Perform annual program of fire
inspections which reflect continued efforts to reduce the incidence of fires; (4) Comply with new National
Incident Management System and National Response Plan standards; (5) Participate in numerous
community -wide events, including drills and planning exercises, providing educational opportunities in
fire safety, EMS, and emergency preparedness; (6) Strive to meet response time goal of 6 minutes or
less, 90% of the time; and (7) Continue to provide timely project plans review and oversight inspections to
ensure new construction comply with fire code standards.
HIGHLIGHTS:
Item 5100: Fire services, provided under contract by the Bellevue Fire Department, reflects a 3.04%
increase over FY 2007 costs, and is based primarily on population plus the current
LEOFF I payment.
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FY 2008 OPERATING BUDGET
EMERGENCY MANAGEMENT
FUND: 001
DEPARTMENT: 525
GENERAL OBJECTIVES:
Provide continuing emergency preparedness efforts for the community. Continue to encourage and
incorporate expertise and dedication of citizen volunteers. Work with residents on their Neighborhood
Plan, identifying skills and equipment which can be used during a disaster response. Document those
residents who may have special needs. Provide direction and support to the Medina Emergency
Committee. Explore all opportunities and maintain compliance for grant funding, supplementing budgeted
funds. Responsibly manage necessary expenditures.
FY 2008 PROGRAM OBJECTIVES:
(1) Strengthen community program of emergency preparedness; (2) Launch YIPS (Volunteers in Police
Services) Program; 3) Grow neighborhood response groups; 4) Expand community sheltering
relationships and agreements; 5) Pursue and manage grant opportunities; 5) Monitor and respond to
Medina's required compliance with County, State and Federal regulations; 7) Support Employee
Training and Exercise; 8) Purchase and maintain employee emergency supplies: and
9) Update and maintain all emergency preparedness plans.
HIGHLIGHTS:
Item 3100: Provides cabinet to store HAM Operator equipment, dedicated phone line and monthly
fees, laptop computer, printer and fax, as well as emergency preparedness supplies
throughout the year. Increased funding may be applied toward the purchase or lease -
purchase of additional generators.
Item 3101: Grant monies have all been expended for CERT Program.
Item 3102: Provides for Volunteers In Policing (VIPS) uniforms, equipment and supplies
Item 4100: Provides professional Disaster and Emergency Preparedness Consulting Services
Increase reflects approval of a new contract.
Item 4101: Grant monies have all been expended for CERT Program.
Item 4800: Provides for repair and maintenance of mobile command vehicle.
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CITY OF MEDINA
FY 2008 OPERATING BUDGET
DEVELOPMENT SERVICES
FUND: 001
DEPARTMENT: 558
GENERAL OBJECTIVES:
Uphold building safety and neighborhood character throughout the City within the constraints of
established regulatory authority. Assist City Council in adopting long range planning policies. Assist
Planning Commission and City Council in implementing policy through code writing. Provide excellent
customer service to citizens seeking to 1) explore development rights, 2) process permit applications, and
3) confirm code compliance of neighboring projects. Provide professional construction inspections with
transparent interpretations of code requirements. Facilitate land use permit hearings that provide ample
opportunity for all interested parties to participate.
FY 2008 PROGRAM OBJECTIVES:
(1) Continue the transition to a staff Building Official; (2) Continue the transition of new individuals into the
duties of the Planning Consultant, Tree Consultant, and Building Inspector; (3) Complete the overhaul of
all permit application materials reflecting a superior standard of user -friendliness and including internet
access; (4) Search for, and implement, improvements to the applicant pass -through billing system and
permit fee collection; and (5) Provide support to the Planning Commission.
Position Summary Recap:
FY 2007
POS FTE OT
Personnel:
DEVELOPMENT SVCS DIRECTOR
1
0 0
BUILDING OFFICIAL
0
0 0
DEVELOPMENT COORDINATOR
1
0 0
TOTALS
2
0 0
HIGHLIGHTS:
FY2008
POS FTE OT
Is
DIFFERENCE
POS FTE OT
Is
Item 1100: Increase reflects the addition of a staff Building Official, in lieu of former contracted
services.
Item 4107: The City Engineering Consultant continues to be the most vulnerable to fluctuations in
permit application volume. The requested 2008 budget of $160,000 is higher than the
2007 budget of $143,000 but significantly lower than the 2006 actual costs of $225,000.
The construction mitigation duties have been reassigned to the Building Inspector to
partially alleviate the problem.
Item 4101: Reflects an increase for the Planning Consultant which is fully offset by a corresponding
decrease for the Tree Consultant. This results from splitting previously combined duties
between two individuals.
Item 4102: Consulting services have been eliminated as a result of adding a Building Official staff
position.
Item 4150: See Item 4101 above.
Item 4300: Provides for professional development needs of Development Services Coordinator,
Building Official, and Director.
Item 6400: Provides for furniture and office equipment for new Building Official.
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FY 2008 OPERATING BUDGET
RECREATION LIFEGUARDS
FUND: 001
DEPARTMENT: 574
GENERAL OBJECTIVES:
Provide a comprehensive program of lifeguard services designed to maximize the safety of persons
swimming at Medina Beach.
FY 2008 PROGRAM OBJECTIVES:
Recruit and hire qualified Lifeguards certified in Lifesaving, First Aid, CPR and Emergency rescue; (2)
Provide lake lessons for swimmers 6 to 13 years old; (3) Provide rides utilizing the Police boat, to
familiarize patrons with proper boat handling and enhance their enjoyment of the lake; (4) Staff a booth at
Medina Days to educate the public about water safety; (5) Host "Movies at the Beach" each weed during
July and August; and (6) Continue to represent the City in a professional and customer oriented manner.
Position Summary Recap:
FY 2007 FY2008 DIFFERENCE
POS FTE OT POS FTE OT POS FTE OT
Personnel:
LIFEGUARDS 0 .87 0 0 .87 0 0 0 0
TOTALS 0 .87 30 0 .95 30 0 .08 0
HIGHLIGHTS:
Item 1100: Increase reflects first salary adjustment since 2003 and the addition of staffing through
the Labor Day weekend.
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FY 2008 OPERATING BUDGET
NW PARKS DEPARTMENT
FUND: 001
DEPARTMENT: 576
GENERAL OBJECTIVES:
Provide programmed maintenance and improvements of City parks and grounds. Facilitate and nurture
an organized maintenance program, responsive to seasonal and weather demands to preserve and
maintain the City park assets. Provide sound fiscal oversight of the Department budget to maintain
service quality, allocate resources, and accomplish improvements while controlling costs. Provide
direction and supervision to staff, consultants, and contractors to insure the efficient delivery of services.
Encourage and support enhancements to the parks through coordination with the Park Board and the
Council.
FY 2008 PROGRAM OBJECTIVES:
(1) Maintain City buildings, trails, roadside landscape, park grounds, equipment, and facilities; (2)
Implement a scheduled maintenance program to improve the quality of the parks' grounds, turf, and
landscape areas; (3) Monitor and insure the timely completion of capital and special improvement
projects such as City Hall renovation, stair replacement at Viewpoint Park, irrigation system renovations,
water quality of Medina Park storm water ponds, and the 2"d phase Poplar tree replacement; (4) Continue
to provide support services to other City departments; (5) Continue to improve the City's emergency and
disaster response capabilities; (6) Pursue staff training and skill improvement to provide in-house
capability for improved and cost effective delivery of services; and (7) Continue to develop an
organizational culture focused on exemplary customer service.
Position Summary Recap:
FY 2007
FY2008
DIFFERENCE
POS
FTE
OT
POS
FTE
OT
POS
FTE
OT
Personnel:
PUBLIC WORKS DIRECTOR
0
.5
0
0
.5
0
0
0
0
MAINTENANCE SUPERVISOR
0
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0
0
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0
0
0
0
MAINTENANCE WORKER
0
1.75
0
0
1.75
0
0
0
0
TOTALS
0
2.75
0
0
2.75
0
0
0
0
HIGHLIGHTS:
Item 1100: Provides salaries and wages, personnel benefits, and uniforms at 50% of the cost for
Public Works Director, Maintenance Supervisor, and three maintenance workers.
Item 1200: Provides for overtime pay for the support of City events and inclement weather response.
Item 3100: Provides for consumable supplies such as fertilizers, bark, office supplies, garbage bags
and mutt mitts.
Item 3101: Provides maintenance supplies such as lumber, mower blades, tarps, paint, signs, tennis
court nets, light bulbs, gloves, and hearing and eye protection.
Item 3200: Provides for vehicle and equipment maintenance and fuel.
Item 4100: Provides professional services to accomplish water quality in the park ponds, salmon
incubator, and arborist support.
Item 4104: Provides professional services for tree removal, back -flow device inspection, material
disposal, building inspections, and electrical related work.
Item 4200: Provides for communications, telephones, and postage.
Item 4300: Provides for travel and training for pesticide application certification, flagging, building
operation certification, horticultural training, and job safety training.
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Item 4700: Provides for utility services; electricity, water use. Increase reflects higher rates.
Item 4800: Provides for repair and maintenance of equipment, blowers, edgers, mowers, chain
saws, etc.
Item 4900: Provides for miscellaneous operations and maintenance needs such as professional
services, association membership dues, professional journals and publications. Decrease
reflects reassessment of needs.
Item 6400: Provides for furniture and small items such as tables, benches, waste receptacles, mutt
mitt dispensers.
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FY 2008 OPERATING BUDGET
EQUIPMENT FUND
FUND: 100
DEPARTMENT: 395
GENERAL OBJECTIVES:
To provide for the purchase and replacement of equipment (valued at $5,000 or more per item) needed to
perform a wide range of municipal services.
FY 2008 PROGRAM OBJECTIVES:
To provide for the purchase and replacement of current year identified equipment (valued at $5,000 or
more per item) needed to perform a wide range of municipal services.
HIGHLIGHTS:
Item 6400: Provides for the replacement of patrol car seven in the police fleet, including all safety
equipment, and graphics.
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FY 2008 OPERATING BUDGET
STREETFUND
FUND: 101
DEPARTMENT: 542
GENERAL OBJECTIVES:
Provide programmed maintenance and improvement of City streets, sidewalks, and roadside areas for
the safe use of the public. Facilitate and nurture an organized maintenance program, responsive to
seasonal and weather demands to maintain the city right-of-way areas and assets. Provide sound fiscal
oversight of the Department budget to maintain service quality, allocate resources, and accomplish
improvements while controlling costs. Provide direction and supervision to staff, consultants, and
contractors to insure the efficient delivery of services. Support the improvement and maintenance of City
streets through coordination with other jurisdictions, participation in regional transportation discussions,
studies, and forums to serve the best interests of Medina residents.
FY 2008 PROGRAM OBJECTIVES:
(1) Maintain city rights -of -way, roadways, sidewalks, traffic control devices, crosswalks, and facilities; (2)
Implement a scheduled maintenance program to maintain and improve the quality of the City streets and
rights -of -way; (3) Monitor and insure the timely completion of capital and special improvement projects
such as street pavement overlays, sidewalk construction and repairs, storm drain system repairs and
improvements, and bridge maintenance; (4) Implement Phase II permit of the NPDES Department of
Ecology municipal storm water control program that includes storm system inventory and mapping,
pollution prevention operation and maintenance program, storm water runoff control ordinance,
development site drainage permitting process, public outreach and education, identification of illicit
discharges, and enforcement of violations; (5) Continue to improve the City's emergency and disaster
response capabilities; (6) Pursue staff training and skill improvement to provide in-house capability for
improved and cost effective delivery of services; and (7) Continue to develop an organizational culture
focused on safety and customer service.
Position Summary Recap:
FY 2007
POS FTE OT
Personnel:
PUBLIC WORKS DIRECTOR
0
.5 0
MAINTENANCE SUPERVISOR
0
.5 0
MAINTENANCE WORKER
0
1.75 0
TOTALS
0
2.75 0
HIGHLIGHTS:
FY2008
POS FTE OT
0 .5 0
0 .5 0
0 1.75 0
2.75
DIFFERENCE
POS FTE OT
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Item 1100: Provides salaries and wages, personnel benefits, and uniforms at 50% of the cost for
Public Works Director, Maintenance Supervisor, and four maintenance workers.
Item 3100: Provides for operating supplies such as roadway patch materials, marking paint, storm
drain grates, concrete, pipe, etc. Increase reflects additional needs and higher costs.
Item 3500: Provides minor machinery and equipment such as router, hand tools, small power tools.
Item 4100: Provides professional services to accomplish Phase II NPDES program implementation,
Capital Improvement Project support, and infrastructure improvements (A $75,000 DOE
grant will help offset the cost of the NPDES program in 2008).
Item 4110: Provides funds for roadway storm drainage, sidewalk repairs, and street maintenance
materials, construction, and specialty services to accomplish the work.
Item 4500: Provides for machine rentals such as concrete saw, lift truck, trencher.
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Item 4700: Provides for utility locating services.
Item 4800: Provides for repair and maintenance of equipment; tractor, loader, backhoe, trucks
Item 40-4100: Provides for storm drain maintenance; vectoring, jetting, TV inspection services.
Item 63-4100: Provides for street light electrical costs and light fixture repair and maintenance.
Item 64-4100: Provides for traffic control devices; posts, signs, barricades, cones, flashing warning
lights, pavement markings.
Item 66-4100: Provides for snow and ice removal; sand, ice melt, snow plow blades.
Item 67-4100: Provides for street cleaning, street sweeping contracted services.
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FY 2008 OPERATING BUDGET
TREE FUND
FUND: 103
DEPARTMENT: 589
GENERAL OBJECTIVES:
To preserve and enhance the physical and aesthetic character of the community by preventing
indiscriminate removal or destruction of trees and vegetative cover. To require the replacement of
removed non -hazardous trees, or a monetary contribution in lieu thereof, to be used consistent with the
City's Tree Code.
FY 2008 PROGRAM OBJECTIVES:
(1) Continue to enforce the City's Tree Code, with an emphasis on preservation practices and mitigation
requirements; and (2) Complete Phase II of the 841h Avenue NE Poplar Tree removal and replanting
project.
HIGHLIGHTS:
Item 4910: Provides funds for Phase II of the 84th Ave NE Poplar Tree removal and replanting
project in conjunction with the Overlake Golf & Country Club that was initiated in 2007.
The Country Club will reimburse the City in the sum of $35,000 following completion of
the work.
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FY 2008 OPERATING BUDGET
CAPITAL PROJECTS FUND
FUND: 307
DEPARTMENT: 595
GENERAL OBJECTIVES:
Continue maintenance, repair and periodic improvements of City facilities, infrastructure, and systems to
minimize major reconstruction costs. Provide programmed capital improvement project support services
for design development, preparation of contract documents, bidding, award, contract management and
inspection. Provide sound fiscal oversight of the fund budget to meet time frames, maintain service
quality, allocate resources, and accomplish improvements while controlling costs. Provide direction and
supervision to staff, consultants, and contractors to insure the efficient delivery of services. Provide
efficient and cost effective project implementation through planning and coordination with the Council and
other jurisdictions, pursuit of grant funding opportunities, participation in regional forums, and joint project
development where possible to serve the best interests of Medina residents.
FY 2008 PROGRAM OBJECTIVES:
(1) Maintain and improve city buildings, facilities, and systems to provide for efficient staff operations and
cost effective delivery of service to the citizens; (2) Implement scheduled programs to maintain and
improve the quality of the city assets; (3) Monitor and insure the timely completion of capital and special
improvement projects such as road construction, park improvements, storm system improvements, and
sidewalks construction and repairs; (4) Pursue grants and other forms of funding to accomplish capital
improvements and maintain our infrastructure system integrity and quality; (5) Continue to develop an
organizational culture focused on asset management and improvement.
HIGHLIGHTS:
Item 6301: Provides for the upgrading of the storm drain system and the removal of the ditches
along the west side of Evergreen Point Road north of SR 520 and the Street pavement
overlay of NE 28th Place.
Item 6302: Provides for the installation of pollution control facilities to maintain the water quality of
Medina Park storm system ponds.
Item 6303: Provides funds for Park improvements such as Medina Beach Park irrigation system,
Viewpoint Park dock repair, and right-of-way irrigation and landscape improvements.
Item 6310: Provides funds for the construction of a pathway along the west side of Evergreen Point
Road north of SR 520 in conjunction with the roadway storm drainage improvements
(item 306301 above), and street pathway along the south side of NE 281h Street for 3-
Points Elementary Students.
Item 6311: Provides for repairs to City Hall and the renovation of the mechanical and electrical
systems within the building.
Item 6313: Provides funds for completed purchase and installation of ALPR enabled cameras at
remaining Medina portal intersections.
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ITEM PH-2
CITY OF MEDINA
Office of the City Manager
Date: October 8, 2007
TO: MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: CABLE T.V. FRANCHISE AND ENABLING ORDINANCE
RECOMMENDATION
It is recommended that City Council:
1) Approve the attached ordinance repealing Ordinance 795 and enacting new
cable system regulations; and
2) Approve the attached ordinance granting a non-exclusive cable television
franchise to Comcast and authorizing the City Manager to enter into a 5-year
Franchise Agreement.
BACKGROUND
The City of Medina approved the first cable television franchise in the early 1980's with
Group W Cable, Inc. Group W Cable began construction of the cable television system in March
1983 and service to subscribers became available in July 1983. In 1986, Group W Cable, Inc.
transferred ownership of its cable television assets to TCI Holdings and eventually TCI
Cablevision of Washington, Inc. The franchise agreement with TCI Cablevision of Washington,
Inc. expired in 1990. The City approved a new franchise agreement August 1, 1991, which
expired on July 31, 2006. Since 1990, control of the cable television system has been
transferred from TCI Cablevision of Washington, Inc. to AT & T Broadband and from AT & T
Broadband to Comcast. On September 24, 2007 the first of two public hearings required under
law regarding the attached ordinances was conducted.
The City has been involved in negotiations with Comcast for three years to develop a
new franchise agreement. Medina joined several neighboring cities and towns (Burien, Clyde
Hill, Hunts Point, Medina, Newcastle and Normandy Park) who were also renegotiating
franchise agreements with Comcast and, together, the consortium hired Bob Duchen, River
Oaks Communications Corp, to provide consulting services during the negotiation process. In
so doing, the City paid only a fractional share of the average cost for such services.
In September 2006 the City believed it had reached a successful negotiation. The City
Council approved Ordinance 795 enacting new cable regulations, and authorized the City
Manager to enter into a Franchise Agreement with Comcast. However, before the Franchise
Agreement could be executed, pending federal legislation prompted Comcast to demand
"competitive equity" language. This language, now included in the proposed franchise
agreements, is designed to guarantee that the City will amend its franchise with Comcast to
match more favorable terms and conditions awarded future Medina cable T.V. franchisees.
ITEM PH-2
DISCUSSION
Cable television franchise negotiation has changed significantly since the last
negotiation in the early 1990's. Essentially, changes in laws and technology have strengthened
the industry's position, leaving municipal franchising authorities with very limited regulatory
authority. As such, the City's approach to renegotiating the franchise agreement was narrowly
focused on: 1) Preserving and improving language in the agreement that requires the franchisee
to upgrade the system when new technology and services become available; 2) Requiring the
franchisee to provide exceptional customer service to subscribers in Medina; and 3) Providing
cost-effective services.
The attached Cable TV enabling ordinance provides the basic rules any cable television
provider must comply with when operating in Medina. The Franchise Agreement governs the
specific elements with a particular service provider. The Franchise Agreement supersedes if
there is a conflict between language in the enabling ordinance and franchise agreement.
Notable changes to the Cable TV regulations are:
■ Section 15 — Customer Service Standards. This Section adds new language,
which clearly describes the standards for customer service that must be met.
Currently, the regulations do not address customer service standards.
■ Section 22 — Street Cut or Repair. This is a new Section, which clarifies a
franchisee's responsibility to ensure that any street cut or repair must be
guaranteed.
■ Section 28 — Reimbursement. New Section providing the City with an opportunity
to seek reimbursement for costs incurred by the City in connection with
administrative reviews, transfers of ownership/control, etc.
The attached Franchise Agreement is the document that grants specific authority to a service
provider (Comcast in the case) to use the rights -of -way within the City. As compensation for the
use of the City's Rights -of -Way, The City may, upon written request of the franchisee, collect a
franchise fee in an amount not to exceed five percent (5%) of franchisee's Gross Revenues. .
ITEM PH-2
CITY OF MEDINA, WASHINGTON
ORDINANCE NO.
AN ORDINANCE REPEALING ORDINANCE NO.795
AND ENACTING NEW CABLE SYSTEM REGULATIONS
WHEREAS, the City wishes: (i) to promote the availability of high -quality and diverse Cable
Services to residents, the City and other public institutions; (ii) to promote the availability of diverse
information resources to the community; (iii) to promote competitive Cable Services and rates; (iv) to
take advantage of technologies; (v) to enhance educational opportunities throughout the community
and provide opportunities for building a stronger community; and (vi) to allow flexibility to respond
to changes in technology, Customer interests and competitive factors within the cable television
industry that will positively affect the health, welfare and well-being of the community;
WHEREAS, the City, pursuant to applicable federal law, is authorized to grant one or more
nonexclusive Franchises to construct, operate and maintain Cable Systems within the City; and
WHEREAS, because of the complex and rapidly changing technology associated with Cable
Systems, the City Council further finds that the public convenience, safety and general welfare can
best be served by establishing regulatory powers that should be vested in the City. It is further the
intent of this Ordinance and subsequent amendments to provide for and specify the means to attain
the best possible Cable Service to the public. It is the further intent of this Ordinance to establish
regulatory provisions that permit the City to regulate Cable System Franchises to the maximum extent
permitted by federal and state law, including, but not limited to, the Cable Communications Policy
Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, the
Telecommunications Act of 1996, applicable Federal Communications Commission regulations and
Washington law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Repeal. Ordinance No.795 is hereby repealed.
Section 2. Short Title. This Ordinance shall constitute the "Cable System Regulations" of the
City of Medina and may be referred to as such.
Section 3. Definitions.
For the purposes of this Ordinance, the following words, terms, phrases and their derivations
have the meanings given herein. When not inconsistent with the context, words used in the present
tense include the future tense, words in the singular number include the plural number and words in
the plural number include the singular number.
"Applicant" means any person or entity that applies for an initial Franchise.
IMT'11M
2. "Cable Act" means the Cable Communications Policy Act of 1984 as amended by the
Cable Television Consumer Protection and Competition Act of 1992 and the Telecommunications
Act of 1996, and as any of them may be amended.
3. "Cable Operator" means any person or group of persons, including a Franchisee, who
provide(s) Cable Service over a Cable System and directly or through one or more affiliates owns a
significant interest in such Cable System or who otherwise control(s) or is (are) responsible for,
through any arrangement, the management and operation of such a Cable System.
4. "Cable Service" means the one-way transmission to Customers of video
programming or other programming service, and Customer interaction, if any, which is required for
the selection or use of such video programming or other programming service.
5. "Cable System" means any facility, consisting of a set of closed transmission paths
and associated signal generation, reception and control equipment that is designed to provide Cable
Service which includes video programming and which is provided to multiple Customers within a
community, but such term does not include (A) a facility that serves only to retransmit the television
signals of one or more television broadcast stations; (B) a facility that serves Customers without using
any public Right -of -Way; (C) a facility of a common carrier which is subject, in whole or in part, to
the provisions of Title Il of the federal Communications Act (47 U.S.C. 201 et seq.), except that such
facility shall be considered a Cable System (other than for purposes of Section 621(c) (47 U.S.C.
541(c)) to the extent such facility is used in the transmission of video programming directly to
Customers, unless the extent of such use is solely to provide interactive on -demand services; (D) an
open video system that complies with federal statutes and regulations; or (E) any facilities of any
electric utility used solely for operating its electric utility systems.
6. "City" means the City of Medina, a municipal corporation of the State of Washington,
and all of the area within its boundaries, as such may change from time to time.
7. "City Council" means the Medina City Council, or its successor, the governing body
of the City.
8. "Customer" means any person who elects to subscribe to, for any purpose, Cable
Service provided by a Franchisee by means of or in connection with the Cable System and whose
premises are physically wired and lawfully activated to receive Cable Service from Franchisee's
Cable System.
9. "Customer Service Representative" or "CSR" shall mean any person employed by the
Cable Operator to assist or provide service to Customers, whether by answering public telephone
lines, answering Customers' questions or performing other Customer service related tasks.
10. "Customer Service Standards" means those customer service standards set forth
herein and as hereafter amended that are applicable to Cable Operators.
11. "FCC" means the Federal Communications Commission.
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12. "Franchise" means an agreement that authorizes a person or entity to construct,
operate, maintain or reconstruct a Cable System. Upon the written acceptance by a Franchisee, the
agreement constitutes a contract between the City and Franchisee.
13. "Franchise Area" means the area within the jurisdictional boundaries of the City to be
served by a Franchisee as specified in the Franchise.
14. "Franchisee" means the person, firm, corporation or entity to whom or which a
Franchise, as hereinabove defined, is granted by the City Council under this Ordinance and the lawful
successor, transferee or assignee of said person, firm, corporation or entity.
15. "Normal Business Hours" shall mean those hours during which most similar
businesses in the City are open to serve Customers. In all cases, "normal business hours" must
include some evening hours at least one night per week and/or some weekend hours.
16. "Normal Operating Conditions" shall mean those service conditions that are within
the control of the Cable Operator. Those conditions that are not within the control of the Cable
Operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone
network outages and severe or unusual weather conditions. Those conditions that are ordinarily
within the control of the Cable Operator include, but are not limited to, special promotions, pay -per -
view events, rate increases, regular peak or seasonal demand periods and maintenance or upgrade of
the cable system.
17. "Right -of -Way" or "Rights -of -Way" means all of the following which have been
dedicated to the public or are hereafter dedicated to the public and maintained under public authority
or by others and are located within the City: streets, roadways, highways, avenues, lanes, alleys,
bridges, sidewalks, easements and similar public property and areas.
18. "Service Interruption" shall mean the loss of picture or sound on one or more cable
channels.
Section 4. Franchise Grant.
It is unlawful to engage in or commence construction, operation or maintenance of a Cable
System in the City without a Franchise issued under this Ordinance. The City Council may, by
ordinance, issue a nonexclusive Franchise to construct, operate and maintain a Cable System within
all or any portion of the City to any person or entity, whether operating under an existing franchise or
not, who applies for authority to furnish Cable Service which complies with the terms and conditions
of this Ordinance, and provided that such person or entity also agrees to comply with all of the
provisions of the Franchise. However, this shall not be deemed to require the grant of a Franchise to
any particular person or entity. The City Council may restrict the number of Franchises should it
determine such a restriction would be in the public interest.
Section 5. Franchise Purposes.
A Franchise granted by the City under the provisions of this Ordinance shall:
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A. Permit the Franchisee to engage in the business of operating a Cable System and
providing Cable Service within the City;
B. Permit the Franchisee to erect, install, construct, repair, reconstruct, replace and retain
wires, cables, related electronic equipment, conduits and other property in connection with the
operation of the Cable System in, on, over, under, upon, along and across Rights -of -Way within the
City; and
C. Set forth the obligations of the Franchisee under the Franchise.
Section 6. Nonexclusive Franchise.
Any Franchise granted pursuant to this Ordinance shall be nonexclusive and shall not
preclude the City from granting other or future Franchises or permits.
Section 7. Application.
A. An Applicant for an initial Franchise shall submit to the City a written application on a
form provided by the City, at the time and place specified by the City for accepting applications, and
accompanied by the designated application fee. An application fee in the amount of $20,000 shall
accompany the application to cover costs associated with processing the application, including,
without limitation, costs of administrative review, financial, legal and technical evaluation of the
Applicant, the costs of consultants, notice and publication requirements, and document preparation
expenses. In the event such costs exceed the application fee, the Applicant shall pay the difference to
the City within thirty (30) days following receipt of an itemized statement of such costs. Conversely,
if such costs are less than the application fee, the City shall refund the difference to the Applicant.
B. An application for an initial Franchise for a Cable System shall contain, at a
minimum:
1. A statement as to the proposed Franchise and information relating to the
characteristics and location of the proposed Cable System;
2. A resume of prior history of the Applicant, including the expertise of the
Applicant in the Cable System field;
3. Information demonstrating the Applicant's legal, technical and financial
ability to construct and operate the proposed Cable System;
4. A list of the partners, general and limited, of the Applicant, if a partnership,
members, if a limited liability company, or the percentage of stock owned or controlled by each
stockholder having a five percent (5%) or greater interest, if a corporation;
5. A list of officers, directors and key employees of the Applicant, together with
a description of the background and experience of all such persons;
ITEM PH-2
6. The names and addresses of any parent entity or subsidiary of the Applicant
or any other business entity owning or controlling the Applicant in whole or in part, or owned or
controlled in whole or in part by the Applicant;
7. A proposed construction and service schedule;
8. Any other reasonable information that the City may request.
The City shall be allowed the opportunity to ask relevant follow-up questions and
obtain further information from whatever source. A refusal by an Applicant to cooperate or provide
requested information is sufficient grounds for the City to deny an application.
C. Upon receipt of an application for an initial Franchise and after obtaining any
additional information the City in its sole discretion deems appropriate from any source, a hearing
shall be scheduled to allow public comment. At the hearing, the City Council shall receive public
comment regarding the following:
1. Whether the public will benefit from granting a Franchise to the Applicant;
2. Whether the Applicant appears to have adequate legal, financial and technical
qualifications and capabilities to build, operate and maintain a Cable System in the City;
3. Whether the Applicant has any conflicting interests, either financial or
commercial, that will be contrary to the interests of the City;
4. Whether the Applicant will comply with all of the terms and conditions placed
upon a Franchisee by the Franchise, this Ordinance and other applicable local laws and regulations;
5. Whether the Applicant will comply with all relevant federal and state laws and
regulations pertaining to the construction, operation and maintenance of the Cable System.
D. Within sixty (60) days after the close of the hearing, the City Council shall decide
whether to grant a Franchise and on what conditions. The City Council's decision shall be based
upon the application, any additional information submitted by the Applicant or obtained by the City
from any source and public comments. The City Council may grant one (1) or more Franchises or
may decline to grant any Franchise.
Section 8. Duration.
The term of any Franchise, and all rights, privileges, obligations and restrictions pertaining
thereto, shall be specified in the Franchise. The effective date of any Franchise shall be as specified in
the Franchise.
Section 9. Franchise Territory.
The Franchise territory shall include all areas within the City or a lesser area as specified in
the Franchise.
ITEM PH-2
Section 10. Police Powers.
In accepting any Franchise, the Franchisee acknowledges that its rights thereunder are subject
to the police powers of the City to adopt and enforce ordinances necessary for the health, safety and
welfare of the public, and it agrees to comply with all applicable laws enacted by the City pursuant to
such power.
Section 11. Use of Rights -of -Way.
For the purposes of operating and maintaining a Cable System in the City, a Franchisee may
place and maintain within the Rights -of -Way such property and equipment as are necessary and
appurtenant to the operation of the Cable System. Prior to construction of the Cable System in the
Rights -of -Way, the Franchisee shall procure all necessary permits, pay all applicable fees in
connection therewith and comply with all applicable laws, regulations, resolutions and ordinances,
including, but not limited to, land use and zoning requirements.
Section 12. Pole or Conduit Agreements.
No Franchise shall relieve Franchisee of any of its obligations involved in obtaining pole or
conduit agreements from any department of the City, any utility company or from others maintaining
facilities in the Rights -of -Way.
Section 13. Franchise Fees.
The Franchisee shall pay the City franchise fees in accordance with the terms of the
Franchise.
Section 14. Taxes.
Nothing in this Ordinance shall limit the Franchisee's obligation to pay applicable local, state
and federal taxes.
Section 15. Customer Service Standards.
A. Pam. A Cable Operator will first resolve Customer inquiries and complaints
without delay and without involvement of the City. Where a given complaint is not addressed by the
Cable Operator to the Customer's satisfaction, the City may intervene.
These standards are intended to be of general application. A Cable Operator is free to
exceed these standards for the benefit of its Customers. However, the Cable Operator shall be
relieved of obligations hereunder if it is unable to perform due to a force majeure event affecting a
significant portion of the Franchise Area.
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1. Conrtes . All employees of the Cable Operator shall be courteous,
knowledgeable and helpful and shall provide effective and satisfactory service in all contacts with
Customers.
2. Availability and Acceccibility — In Peron. The Cable Operator must
maintain, at a minimum, one (1) full service customer service center or, alternatively, two (2) co -
location customer service locations conveniently located on the Eastside. The full service customer
service location shall at all times allow Customers to make payments, return equipment or get
assistance from knowledgeable staff. The full service customer service center or other locations shall
be open Monday through Saturday, excluding legal holidays, with sufficient hours necessary to meet
Customer demand. If the full service customer service center or other locations is/are required to
relocate, the Cable Operator shall be allowed a reasonable period of time to establish a new location.
3. Availability and Accessibility — On the Te.1mbone. A CSR will be available to
respond to Customer inquiries during normal business hours. The Cable Operator shall maintain
local or toll free telephone access lines that shall be available during normal business hours for
service/repair requests and billing inquiries.
The Cable Operator shall retain sufficient CSRs and telephone line capacity to
ensure that, during normal operating conditions, telephone calls to service/repair and billing inquiry
lines are answered within thirty (30) seconds or less, and thatt any transfers are made within thirty
(30) seconds. This standard shall be met no less than ninety (90) percent of the time, measured on a
quarterly basis under normal operating conditions. Under normal operating conditions, the total
number of calls receiving busy signals shall not exceed three percent (3%) of the total telephone calls.
The Cable Operator shall not be required to acquire equipment or perform
surveys to measure compliance with any of the telephone answering standards above unless and until
the City requests such actions based on a historical record of Customer complaints indicating a clear
failure to comply.
1. The Cable Operator shall complete all standard installations within seven (7)
business days after an order has been placed, unless otherwise requested by the Customer.
"Standard" installations shall include those that are located within 125 aerial feet of the Cable
Operator's distribution system. This standard must be met ninety-five percent (95%) of the time
under normal operating conditions as measured on a quarterly basis. If the Customer requests a non-
standard installation, or the Cable Operator determines that a non-standard installation is required, the
Cable Operator shall provide the Customer in advance with a total installation cost estimate and an
estimated date of completion.
2. Under normal operating conditions, all temporary cable drops shall be
converted to a permanent drop within no more than three (3) calendar weeks from the initial
installation or at a time mutually agreed upon between the Cable Operator and Customer.
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ITEM PH-2
3. Customers requesting installation of cable service or repair service to an
existing installation may choose any available four (4) hour block of time for the appointment during
normal business hours.
4. The Cable Operator shall be deemed to have responded to a request for
service under the provisions of this subsection when a technician arrives within the agreed upon time.
If the Customer is absent when the technician arrives, the technician shall leave written notification
of timely arrival. A record that notice was provided shall be kept by the Cable Operator.
5. If a Cable Operator representative fails to keep an installation or service
appointment for any reason, the Cable Operator will contact the Customer before the end of the
scheduled appointment and reschedule the appointment at a time convenient for the Customer.
6. The Cable Operator shall respond to a Customer's letter in writing within one
(1) week of receipt of the letter. The Cable Operator shall respond to a Customer's inquiry,
complaint, general question or comment made by telephone or e-mail within forty-eight (48) hours.
7. Any difficulties that cannot be resolved by the CSR shall be referred to the
appropriate supervisor who shall use his/her best efforts to contact the Customer within eight (8)
hours of initial contact and resolve the problem within a mutually agreeable timeframe.
.A.a. 10 •
1. The Cable Operator shall render efficient service, make repairs promptly and
interrupt service only for good cause and for the shortest time possible. Scheduled interruptions that
the Cable Operator anticipates will last more than four (4) hours shall occur during periods of
minimum use of the cable system as reasonably determined by the Cable Operator.
2. If a Customer calls to report poor signal quality or interruptions attributable to
the Cable Operator's equipment, the Cable Operator shall begin working on the problem no later than
the next day following the Customer's call, provided that the Customer is available or at such later
time as is convenient for the Customer. If an appointment is necessary, the Customer may choose a
four (4) hour block of time during normal business hours or such other time that is convenient for the
Customer.
3. Upon discovery of an outage affecting three (3) or more Customers, the Cable
Operator shall initiate its outage repair process within two (2) hours, under normal operating
conditions.
4. The Cable Operator shall initiate repairs to Customer reported service
interruptions, for any cause beyond the control of the Cable Operator, within twenty-four (24) hours
after the conditions beyond its control have been corrected.
5. Under normal operating conditions, if after twenty-four (24) hours service
is not restored to a Customer, the Cable Operator shall, upon a Customer's request, provide a
refund or credit or other compensation of equal or greater value.
WCTAUM
6. The Cable Operator will track and record all outages and service interruptions
that occur within the Franchise Area.
7. The Cable Operator shall endeavor to notify the City the next business day of
any outage of at least one (1) continuous hour that affects 100 or more of its Customers.
i -• :-I TI• .I• D-••
l . The Cable Operator shall provide a clear and concise bill every month.
2. If a Customer requests disconnection of any or all services, billing for affected
services shall end on the same day as the request, or on the future date for which the disconnect is
ordered. However, the Customer may continue to be billed for equipment until returned to the Cable
Operator. The Cable Operator shall issue a credit or refund to a Customer within thirty (30) business
days after the close of the billing cycle following the return of the equipment and request for
disconnection. If a Customer was required to provide a deposit, that deposit must be returned with
any interest accrued on the deposit.
-.wu-� • ' ••-r4
1. Removal or trimming of trees and shrubs in the Right -of -Way will be subject
to the regulations of the City.
2. The Cable Operator shall repair any damage or restore any property to as good
a condition as before the work causing such damage or disturbance was initiated. The Cable
Operator shall repair, replace or compensate all property owners for damages resulting from the Cable
Operator's installation, construction, service or repair activities.
3. Except in the case of an emergency involving public safety or service
interruption to a large number of Customers, the Cable Operator shall give reasonable notice to
property owners or legal tenants prior to entering upon private premises, and the notice shall specify
the work to be performed; provided that, in the case of planned construction operations, such notice
shall be delivered or provided at least twenty-four (24) hours prior to entry. All work done in the
Right -of -Way shall be subject to time requirements of the permit.
4. Nothing herein shall be construed as authorizing access or entry to private
property, or any other property, where such right to access or entry is not otherwise provided by law.
5. For the installation of pedestals or other major construction or installation
projects, the Cable Operator shall notify by mail or door hanger the adjacent property owners/legal
tenants in advance of the Right -of -Way work. In the case of an emergency, the Cable Operator shall
attempt to contact the property owner or legal tenant in person, and in the event personal contact is
not made, the Cable Operator shall leave a door hanger notice.
6. The Cable Operator shall clean all areas surrounding any work site of debris
caused by the Cable Operator's activities and ensure that all cable materials are disposed of properly.
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ITEM PH-2
1. For any Customer with a disability, the Cable Operator shall at no charge
deliver and pick up converters at the Customer's home. In the case of malfunctioning equipment, the
Cable Operator's service technician shall provide and install substitute equipment, ensure that it is
working properly and recover the defective equipment for the Cable Operator at that time.
2. The Cable Operator shall provide TDD/TYY service with trained operators
who can provide every type of assistance for any hearing -impaired Customer at no charge.
The Cable Operator shall provide free use of a remote control unit to mobility-
impaired Customers.
4. Any Customer with a disability may request the remote control unit or special
services described above by providing the Cable Operator with a letter from the Customer's physician
stating the need, any other official certification of disability or by making the request to the Cable
Operator's installer or service technician, where the need for the special equipment or services can be
visually confirmed.
1. The Cable Operator shall provide to Customers an accurate, comprehensive
service agreement and Customer installation packet for use in establishing Customer service. The
installation packet shall also be provided during any reconnection or cable service upgrade requiring a
home visit by the Cable Operator (excluding reconnections to the same Customer within 12 months).
Upon installation and annually thereafter or at any time the Customer requests, the Cable Operator
shall provide the following information, in clear, concise written form:
a. Products and services offered by the Cable Operator, including
channel positions of programming carried on the cable system.
b. The Cable Operator's complete range of service options and the prices
for those services and conditions of subscription to programming and other services.
C. Installation and service maintenance policies, including the
Customer's and Cable Operator's responsibilities for equipment.
d. Billing and complaint procedures for investigation and resolution of
Customer service complaints, including the address and telephone number of the Cable Operator's
office(s), the Cable Operator's policies on deposits, credit balances and returned check charges.
e. Policies concerning protection of Customer privacy.
f. The availability of a parental control/lock out device and the
procedures for channel blocking.
g. Days, hours of operation and customer service location(s).
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ITEM PH-2
h. Information on how to contact the City person who is responsible for
administering the franchise including the address, telephone number and e-mail address.
i. Service termination procedure.
j. A description of the manner that will be used to provide notice of
changes in rates, services or service terms and conditions.
k. The address and phone number of the Customer Service Department
that is responsible for handling cable questions and complaints for the Cable Operator. This
information shall be prominently displayed in the installation packet.
2. Upon request by the City, a sample of the required notices provided to the
Customer shall be provided to the City.
3. The Cable Operator shall provide Customers with written notification of any
changes in rates, programming, services or channel positions as soon as possible in writing.
Customers shall be given a description of the changes, their options for changing services they
receive, a phone number for questions and the effective date. Notice must be given to Customers a
minimum of thirty (30) days in advance of such changes if the change is within the control of the
Cable Operator. In addition, the Cable Operator shall notify Customers thirty (30) days in advance of
any significant changes in the other information required by the above subsection. Within thirty (30)
days following material policy changes, information regarding the changes will be provided to
Customers.
4. All officers, agents and employees of the Cable Operator, its contractors and
subcontractors who are in personal contact with Customers shall have visible identification cards
bearing their name and photograph.
5. Every vehicle of the Cable Operator used for providing services to Customers
shall be clearly identified to the public as working for the Cable Operator.
1. &ate.
1. The Cable Operator shall install and locate its facilities, cable system and
equipment in compliance with all federal, state, local and company safety standards, and in such
manner as shall not unduly interfere with or endanger persons or property.
2. Whenever the Cable Operator receives notice that an unsafe condition exists
with respect to its equipment, the Cable Operator shall investigate such condition immediately, and
shall take such measures as are necessary to remove or eliminate any unsafe condition.
1. The Cable Operator shall establish written procedures for receiving, acting
upon and resolving Customer complaints, and crediting Customer accounts in accordance with
11
ITEM PH-2
company policies, and shall publicize such procedures through printed documents at the Cable
Operator's sole expense.
2. The written procedures shall describe a simple process by which any
Customer may submit a complaint in person or by telephone, electronic mail or by letter to the Cable
Operator regarding an alleged violation of any provision of these Customer service standards, any
terms or conditions of the Customer's contract with the Cable Operator or reasonable business
practices.
3. The Cable Operator will use its best efforts to resolve Customer concerns or
complaints at the first contact.
4. The Cable Operator shall also notify the Customer of the Customer's right to
file a complaint with the City in the event the Customer is dissatisfied with the Cable Operator's
decision.
5. Complaints, to the C;itTr. Any Customer shall be entitled to lodge any
complaint directly with the City. The Customer may lodge the complaint either by calling the City or
by filing a written complaint, by letter or in electronic form.
6. If the City decides that further action is warranted, the City may intercede and
attempt to help reach a resolution and/or require the Cable Operator to address the inquiry within
twenty-four (24) hours. Upon request by the City, the Cable Operator shall notify the City of the
status of the inquiry within forty-eight (48) hours and any subsequent resolution.
7. The Cable Operator shall maintain, in a manner consistent with the privacy
rights of Customers, an accurate and comprehensive file of complaints regarding the cable system or
the Cable Operator's operation of the cable system, by number and type and their disposition; service
requests, identifying the number and nature of the requests and their disposition; outages, service
interruptions and their disposition; and Customer privacy information.
8. Overall QnA4 of Service. The City may evaluate the overall quality of
Customer service provided by the Cable Operator to Customers in the City, at its sole discretion,
based on the number of Customer complaints received directly by the City or reported by the Cable
Operator in its reports.
K. Verification of C'omplianne. Upon written request by the City, the Cable Operator
shall document its compliance with all of the Standards required through quarterly reports.
L. Noncompliance with Standards. Noncompliance with any provision of these
Standards may result in a violation of the franchise.
A Reme �jng Violations. If the City has reason to believe that the Cable Operator has
failed to comply with any of these Standards, or has failed to perform in a timely manner, or if similar
complaints repetitively arise, the City may require in writing that the Cable Operator remedy the
alleged noncompliance. If the alleged noncompliance is denied or not remedied to the satisfaction of
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the City, the City may opt to follow the liquidated damages procedures or seek other remedies set
forth in the Franchise, or pursue any other remedies at law or in equity.
Section 16. Other Authorizations.
Franchisee shall comply with and obtain, at its own expense, all permits, licenses and other
authorizations required by federal, state and local laws, rules, regulations and applicable resolutions
and ordinances which are now existing or hereafter lawfully adopted.
Section 17. Rules and Regulations of the City.
In addition to the inherent powers of the City to regulate and control any Franchise it issues,
the authority granted to it by the Cable Act, and those powers expressly reserved by the City, or
agreed to and provided for in a Franchise, the right and power is reserved by the City to promulgate
such additional rules and regulations as it may find necessary in the exercise of its lawful powers and
in furtherance of the terms and conditions of a Franchise and this Ordinance, and as permitted by
applicable state and federal law.
Section 18. Delegation of Powers.
Any right or power of the City may be delegated by the City to any officer, employee,
department or board of the City, or to such other person or entity as the City may designate to act on
its behalf.
Section 19. Coverage.
Franchisee shall design, construct and maintain its Cable System to pass every residential
dwelling unit in the Franchise Area, subject to any density requirements contained within the
Franchise.
Section 20. Technical Standards.
Franchisee shall construct, install, operate and maintain its Cable System in a manner
consistent with all applicable federal, state and local laws and regulations, FCC technical standards
and any other applicable standards set forth in the Franchise.
Section 21. Construction Standards.
A. All facilities constructed or operated under this Ordinance shall be installed and
maintained at such places in or upon such Rights -of -Way and public places as shall not interfere with
the free passage of traffic and the free use of adjoining property, and shall conform to federal
standards, State requirements, and City regulations.
B. Franchisee shall be subject to any and all requirements established by the City with
regard to the placement and screening of Franchisee's facilities and equipment located in the Rights -
of -Way and on other public property. Such requirements may include, but are not limited to, the use
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ITEM PH-2
of landscaping to screen pedestals and cabinets and a requirement that construction be flush with the
natural grade of the surrounding area.
C. The Franchisee shall comply with any applicable ordinances, resolutions and
regulations of the City regarding geographic information systems mapping for users of the Rights -of -
Way, provided that all similarly situated users of the Rights -of -Way must also accordingly comply.
Section 22. Street Cut or Repair.
The Franchisee shall guarantee the durability and structural integrity of any street cut or repair
made by it or its agents which is necessary for the construction, installation, operation, repair or
maintenance of Franchisee's facilities for the life of the street, provided that no action by an unrelated
third party materially affects the integrity of Franchisee's street cut or repair. Franchisee shall repair
or replace, at no expense to the City, any failed street cut or repair which was completed by
Franchisee or Franchisee's agent(s), as determined by the City.
Section 23. Safety Requirements.
The Franchisee shall, at all times, employ professional care and install, maintain and use
commonly accepted methods and devices for preventing failures and accidents which are likely to
cause damage, injuries or nuisances to the public. In furtherance thereof, the Franchisee must comply
with the City's traffic control requirements, including, for example, but without limitation, the use of
signal devices, warning signs and flaggers when appropriate. All of Franchisee's structures, cables,
lines, equipment and connections in, over, under and upon the Rights -of -Way and public ways or
other places in the Franchise Area, wherever situated or located, shall at all times be kept and
maintained in a safe condition.
Section 24. Regulation of Rates and Charges.
The City may regulate Franchisee's rates and charges to the full extent permitted by law.
Section 25. Privacy.
The Franchisee will be bound by all of the provisions of applicable federal, state and local
privacy laws.
Section 26. Discriminatory Practices Prohibited.
A. The Franchisee shall not deny Cable Service or otherwise discriminate against
Customers or others on the basis of race, color, religion, national origin, sex, age, disability or other
protected classes.
B. Access to Cable Service shall not be denied to any group of potential residential
Customers because of the income of the residents of the local area in which such group resides.
Section 27. Equal Employment Opportunity.
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ITEM PH-2
The Franchisee shall strictly adhere to and comply with the equal employment opportunity
requirements of federal, state and local laws.
Section 28. Reimbursement.
To the extent allowed by applicable law, the City may require a Franchisee to reimburse the
City for the City's reasonable processing and review expenses, such costs not to exceed $20,000, in
connection with a sale or transfer of a Franchise or a change in control of a Franchise or Franchisee,
including, without limitation, costs of administrative review, financial, legal and technical evaluation
of the proposed transferee or controlling party, costs of consultants, notice and publication costs, and
document preparation expenses. In connection with the foregoing, the City will send Franchisee an
itemized description of all such charges, and Franchisee shall pay such amount within thirty (30) days
after the receipt of such description.
Section 29. Franchise Renewal.
Franchise renewals shall be conducted in accordance with applicable law. The City and
Franchisee, by mutual consent, may enter into renewal negotiations at any time during the term of a
Franchise.
Section 30. Franchise Revocation.
Any Franchise granted by the City may be revoked during the period of such Franchise, as
provided in the Franchise, subject to the procedural requirements provided for therein. A failure by
the Franchisee to comply with any of the material provisions of this Ordinance shall be deemed a
material violation of a Franchise.
Section 31. Miscellaneous Provisions.
A. This Ordinance shall be construed in a manner consistent with all applicable federal,
state and local laws, and shall apply to any Franchise hereafter accepted by a Franchisee.
B. The captions throughout this Ordinance are intended to facilitate the reading hereof.
Such captions shall not affect the meaning or interpretation of any part of this Ordinance.
C. A Franchisee shall not be relieved of its obligations to comply with any or all of the
provisions of this Ordinance by reason of any failure of the City to demand prompt compliance.
D. The provisions of this Ordinance shall apply to all Cable Operators and Cable Systems
to the greatest extent permissible under applicable law.
Section 32. Severability.
If any section, subsection, paragraph or provision of this Ordinance is determined to be
illegal, invalid or unconstitutional by any court or agency of competent jurisdiction, such
determination shall have no effect on the validity of any other section, subsection, paragraph or
provision of this Ordinance, all of which will remain in full force and effect.
15
ITEM PH-2
PASSED by the City Council and APPROVED by the Mayor this day of
, 2007.
ATTEST:
City Clerk
Approved as to form:
RV
,City Attorney
Date of Publication:
Effective Date:
CITY OF MEDINA, WASHINGTON
By
Mayor
16
ITEM PH-2
CITY OF MEDINA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MEDINA,
WASHINGTON GRANTING A NON-EXCLUSIVE
FRANCHISE TO COMCAST OF WASHINGTON IV, INC.,
AND COMCAST OF BELLEVUE, INC., FOR OPERATION
OF A CABLE COMMUNICATIONS SERVICE.
WHEREAS, the City of Medina has been in negotiations with Comcast of
Washington IV, Inc., and Comcast of Bellevue, Inc., (hereafter, collectively
"Grantee"); and
WHEREAS, the parties are in agreement on the form of a franchise for cable
communications service; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. The City hereby grants a non-exclusive franchise to Grantee to operate a cable
communications service in Medina. The terms of the franchise are set forth on Exhibit A,
attached hereto and incorporated herein by this reference as if set forth in full.
SECTION 2. All prior franchises and agreements with Grantee are terminated upon acceptance
of this franchise by Grantee.
SECTION 3. This ordinance shall be in full force and effect five (5) days after passage and
publication of this ordinance.
PASSED BY THE CITY COUNCIL ON THIS DAY OF , 2007
AND SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE DAY OF
12007.
Approved as to form:
Miles Adam, Mayor
Attest:
Wayne D. Tanaka, City Attorney Rachel Baker, City Clerk
tWDT672580.D0C;1100093.900000!}
1
ITEM PH-2
On
approved Ordinance No
follows:
SUMMARY OF ORDINANCE NO
of the City of Medina, Washington
2007, the City Council of the City of Medina, Washington,
, the main points of which are summarized by its title as
AN ORDINANCE GRANTING A FRANCHISE TO COMCAST OF
WASHINGTON IV, INC., AND COMCAST OF BELLEVUE, INC., FOR
OPERATION OF A CABLE COMMUNICATIONS SERVICE.
The full text of this ordinance will be mailed upon request.
APPROVED by the City Council at their meeting of
Rachel Baker, City Clerk
{ WDT672580.DOC; 1/00093.900000/}
2
2007.
CABLE FRANCHISE
This Cable Franchise ("Franchise") is entered into in Medina, Washington, this day of
, 2007, by and between the City of Medina, Washington, a municipal corporation,
(hereinafter "City") and Comcast of Washington IV, Inc. and Comcast of Bellevue, Inc. (hereinafter
collectively "Grantee"). The City and Grantee are sometimes referred to hereinafter as the "parties."
WHEREAS, the City has reviewed Grantee's performance under the prior franchise and the
quality of service during the prior franchise term, has identified the future cable -related needs and
interests of the City and its citizens, and has determined that Grantee's plans for operating and
maintaining its Cable System are adequate; and
WHEREAS, the public has had adequate notice and opportunity to comment on this
Franchise during a public proceeding; and
WHEREAS, the City has a legitimate and necessary regulatory role in ensuring the
availability of state-of-the-art cable communications service, the high technical capability and
reliability of a cable system in the Franchise Area, the availability of local programming and quality
customer service; and
WHEREAS, diversity in Cable Service is an important policy goal and the Grantee's Cable
System should offer a broad range of programming services; and
WHEREAS, flexibility to respond to changes in technology and Subscriber interests within
the Cable Service market should be an essential characteristic of this Franchise; and
WHEREAS, the City is authorized by applicable law to grant one or more nonexclusive
franchises to construct, operate and maintain a cable system within the boundaries of the City.
NOW, THEREFORE, in consideration of the mutual promises made herein, and other good
and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and
Grantee do hereby agree as follows:
SECTION 1. DEFINITIONS
For the purposes of this Franchise, the following terms, phrases, words and their derivations shall
have the meanings given herein. When not inconsistent with the context, words used in the present
tense include the future, words in the plural include the singular, and words in the singular include the
plural. Words not defined shall be given their common and ordinary meaning. The word "shall" is
always mandatory and not merely directory.
1.1 "Access" means the availability for Non -Commercial use by various governmental and
educational agencies, institutions and organizations in the community, including the City and its
designees, of a particular Channel on the Cable System to distribute programming to Subscribers, as
permitted under applicable law and this Franchise.
UWA:R&+
(A) "Government Access" means Access where governmental institutions or their
designees are the primary users having editorial control over programming and services.
1.2 "Access Channel" means a Channel designated for Access purposes or otherwise made
available to facilitate or transmit Access programming.
1.3 "Affiliate" when used in connection with Grantee means any Person who owns or controls,
is owned or controlled by, or is under common ownership or control with Grantee.
1.4 "Bad Debt" means amounts lawfully owed by a Subscriber and accrued as revenues on the
books of Grantee, but not collected after reasonable efforts by Grantee.
1.5 "Basic Service" means the lowest Tier of Cable Service that includes, at a minimum, the
retransmission of local television broadcast signals and Access programming.
1.6 "Cable Act" means the Cable Communications Policy Act of 1984, as amended by the Cable
Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of
1996, and any amendments thereto.
1.7 "Cable Operator" means any Person or groups of Persons, including Grantee, who provides
Cable Service over the Cable System and directly or through one or more Affiliates owns a significant
interest in such Cable System or who otherwise control(s) or is(are) responsible for, through any
arrangement, the management and operation of such a Cable System.
1.8 "Cable Service" means the one-way transmission to Subscribers of Video Programming, or
other programming service and Subscriber interaction, if any, which is required for the selection or
use of such Video Programming or other programming service.
1.9 "Cable System" means the Grantee's facility in the Franchise Area, consisting of a set of
closed transmission paths and associated signal generation, reception and control equipment that is
designed to provide Cable Service which includes Video Programming and which is provided to
multiple Subscribers within a community, but such term does not include (1) a facility that serves
only to retransmit the television signals of one or more television broadcast stations; (2) a facility that
serves Subscribers without using any public Right -of -Way; (3) a facility of a common carrier which is
subject, in whole or in part, to the provisions of Title II of the federal Communications Act (47 U.S.C.
201 et seq.), except that such facility shall be considered a Cable System (other than for purposes of
47 U.S.C. 541(c)) to the extent such facility is used in the transmission of Video Programming
directly to Subscribers, unless the extent of such use is solely to provide interactive on -demand
services; (4) an open video system that complies with 47 U.S.C. 573; or (5) any facilities of any
electric utility used solely for operating its electric utility systems.
1.10 "Channel" means a portion of the frequency band capable of carrying a Video Programming
Service, an audio service or a combination of Video Programming services and audio services,
whether delivered in an analog or digital format.
1.11 "City" means the City of Medina, Washington, a municipal corporation.
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ITEM PH-2
1.12 "Complaint" means a Subscriber contact with the Grantee to express a grievance or
dissatisfaction concerning Cable Service. Complaints do not include matters not within the regulatory
control of the City. A Complaint may be verbal or in writing but need not include initial contacts
where an issue is promptly resolved to the Subscriber's satisfaction.
1.13 "Designated Access Provider" means the entity or entities designated by the City to manage
or co -manage an Access Channel and facilities. The City may also be a Designated Access Provider.
1.14 "Dwelling Unit" means any residential building, or each portion thereof that has independent
living facilities, including provisions for cooking, sanitation and sleeping and that is designed for
residential occupancy. Buildings containing more than one set of facilities for cooking are multiple
unit buildings unless the additional facilities are clearly accessory.
1.15 "Expanded Basic Service" means cable programming services not included in the Basic
Service and excluding, for example, premium or Pay -Per -View Services.
1.16 "FCC" means the Federal Communications Commission or its lawful successor.
1.17 "Franchise" means this document, a contractual agreement, and any amendments and
modifications thereto executed between the City and Grantee, containing the specific provisions of
the authorization granted to operate a Cable System in the City.
1.18 "Franchise Area" means the area within the jurisdictional boundaries of the City, including
any areas annexed by the City during the term of this Franchise.
1.19 "Gross Revenues" means all revenue derived directly or indirectly by the Grantee, or by
Grantee's Affiliates, from the operation of Grantee's Cable System to provide Cable Services in the
Franchise Area. Gross Revenues include, by way of illustration and not limitation, monthly fees
charged Subscribers for Cable Services including Basic Service and all other Tiers of Cable Service;
Pay -Per -View Service; Cable Service installation, disconnection, change -in-service and reconnection
fees, Leased Access Channel fees, late fees, payments received by the Grantee from programmers for
carriage of Cable Services on the Cable System and recognized as revenue under generally accepted
accounting principles ("GAAP'), revenues from rentals of Cable System equipment such as
converters; advertising revenues; advertising sales commissions if recognized as revenue under
GAAP; additional outlet fees, Franchise Fees if any, and revenues from home shopping Channels.
Gross Revenues shall not include (i) Bad Debt, provided, however, that all or part of any such Bad
Debt that is written off but subsequently collected shall be included in Gross Revenues in the period
collected; (ii) capital advances and monthly Capital Contributions referenced in subsections 9.5 and
9.6; or (iii) any taxes on services furnished by the Grantee which are imposed directly on any
Subscriber or user by the State, City or other governmental unit and which are collected by the
Grantee on behalf of said governmental unit. The Franchise Fees are not such a tax and are therefore
included in Gross Revenues.
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ITEM PH-2
1.20 "Headend" means Grantee's primary facility for signal reception and dissemination on the
Cable System, including cables, antennas, wires, satellite dishes, monitors, switchers, modulators,
processors and other related equipment.
1.21 "Leased Access Channel" means any Channel or portion of a Channel commercially
available for programming in accordance with Section 612 of the Cable Act.
1.22 "Non -Commercial" means, in the context of an Access Channel, that particular products and
services are not promoted or sold for commercial gain. This term will not be interpreted to prohibit
an Access Channel operator or programmer from soliciting and receiving financial support to produce
and transmit Video Programming on an Access Channel, or from acknowledging a contribution.
1.23 "Pay -Per -View Service" means programming offered on a per -program or per -event basis
for which a separate fee is charged.
1.24 "Person" means any individual, partnership, association, joint stock company, trust,
corporation, governmental entity (but shall not mean the City) or other entity.
1.25 "Right -of -Way" or "Rights -of -Way" means the surface of, and the space above and below,
any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, way, lane,
public way, drive, circle or other public Right -of -Way, including, but not limited to, utility easements,
dedicated utility strips, or Rights -of -Way dedicated for compatible uses now or hereafter held by the
City in the Franchise Area, which shall entitle the Grantee to the use thereof for the purpose of
installing, operating, repairing, upgrading and maintaining the Cable System. Right -of -Way shall also
mean any easement now or hereafter held by the City within the Franchise Area for the purpose of
public travel or for utility or public service use dedicated for compatible uses.
1.26 "School" means any State accredited public educational institution including, for example,
primary and secondary Schools (K-12).
1.27 "State" means the State of Washington.
1.28 "Subscriber" means any Person who lawfully receives Cable Service provided by Grantee
by means of the Cable System and whose premises are physically wired and lawfully activated to
receive Cable Service from Grantee's Cable System.
1.29 "Tier" means a group of Channels for which a separate periodic rate is charged.
1.30 "Video Programming" means programming provided by, or generally considered
comparable to programming provided by cable programmers or a television broadcast station.
SECTION 2. GRANT OF FRANCHISE
2.1 Grant
(A) The City hereby grants to Grantee a nonexclusive Franchise authorizing the Grantee
to construct and operate a Cable System in, along, among, upon, across, above, over, under, or in any
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ITEM PH-2
manner connected with Rights -of -Ways within the Franchise Area, and for that purpose to install,
construct, repair, replace, reconstruct, maintain, or retain in, on, over, under, upon, across, or along
any Right -of -Way such wires, cables, conductors, ducts, conduits, vaults, manholes, pedestals,
amplifiers, appliances, attachments, and other related property or equipment and use existing poles as
may be necessary or appurtenant for the deployment of Cable Services over the Cable System. This
Franchise shall constitute both a right and an obligation to provide the Cable Services required herein.
(B) Grantee, through this Franchise, is granted the right to operate its Cable System using
the Rights -of -Way within the Franchise Area. Such use must be in compliance with all lawfully
enacted and applicable Municipal Code provisions. In the event of a conflict between the Municipal
Code and this Franchise, this Franchise shall control. Subject to federal and State preemption, the
material terms and conditions contained in this Franchise may not be unilaterally altered by the City
through subsequent amendments to any ordinance, regulation, resolution or other enactment of the
City, except within the lawful exercise of the City's police power. The Grantee agrees to comply with
all lawful and generally applicable City ordinances. Grantee has the right to challenge any City
ordinance or regulation that conflicts with its rights under this Franchise. Grantee acknowledges that
its rights hereunder are subject to the police powers of the City to adopt and enforce ordinances
necessary to protect the health, safety and welfare of the public, and Grantee agrees to comply with all
applicable general laws and ordinances enacted by the City pursuant to such power.
(C) This Franchise shall not be interpreted to prevent the City from lawfully imposing
additional conditions, including additional compensation conditions for use of the Rights -of -Way,
should Grantee provide service other than Cable Service.
(D) Grantee guarantees, as a condition of exercising the privileges granted by this
Franchise, that any Affiliate of the Grantee offering Cable Service in the Franchise Area, or directly
involved in the management or operation of the Cable System in the Franchise Area, will also comply
with the terms and conditions of this Franchise.
(E) No rights shall pass to Grantee by implication. Without limiting the foregoing, by
way of example and not limitation, this Franchise shall not include or be a substitute for:
(1) Any other permit or authorization required for the privilege of transacting and
carrying on a business within the City that may be required by the ordinances and laws of the
City;
(2) Any permit, agreement or authorization required by the City for Rights -of -
Way users in connection with operations on or in Rights -of -Way or public property including,
by way of example and not limitation, street cut permits; or
(3) Any permits or agreements for occupying any other property of the City or
private entities to which access is not specifically granted by this Franchise including, without
limitation, permits and agreements for placing devices on poles, in conduits or in or on other
structures.
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ITEM PH-2
(F) This Franchise is intended to convey limited rights and interests only as to those
Rights -of -Way in which the City has an actual interest. It is not a warranty of title or interest in any
Rights -of -Way; it does not provide the Grantee with any interest in any particular location within the
Rights -of -Way; and it does not confer rights other than as expressly provided in the grant hereof.
(G) This Franchise expressly authorizes Grantee to provide only Cable Services as
allowed by applicable law, and to construct, operate or maintain Cable Service facilities in the
Franchise Area. This Franchise does not relieve Grantee of any obligation it may have to obtain from
the City an authorization to provide non -Cable Services or relieve Grantee of its obligation to comply
with any such authorization(s) that may be lawfully required. However, this Franchise shall not be
read as a concession by the Grantee that it needs authorization to provide non -Cable Services.
2.2 Use of Rights -of -Way
Within parameters reasonably related to the City's role in protecting the public health, safety and
welfare, the City may require that Cable System facilities be installed at a particular time, at a specific
place or in a particular manner as a condition of access to a particular Right -of -Way and may deny
access if Grantee is not willing to comply with the City's requirements.
2.3 Duration
The term of this Franchise and all rights, privileges, obligations and restrictions pertaining hereto shall
be five (5) years from the effective date of this Franchise, unless terminated or extended as hereinafter
provided.
2.4 Effective Date
(A) This Franchise and the rights, privileges, and authority granted hereunder and the
contractual relationship established hereby shall take effect and be in force from and after the effective
date of this Franchise.
(B) The effective date of this Franchise shall commence , 2007 and run
through midnight of , 2012. At the expiration of the initial term, the City may offer to
extend this Franchise for an additional term of five (5) years by giving written notice to the Grantee,
provided that there has not been a change in federal or State law which negatively impacts the City's
ability to extend this Franchise. This Franchise may be extended for such additional term of five (5)
years, subject to the written agreement of both parties.
(C) The grant of this Franchise shall have no effect on the Grantee's duty under the prior
franchise to indemnify or insure the City against acts and omissions occurring during the period that
the prior franchise was in effect.
2.5 Franchise Nonexclusive
This Franchise shall be nonexclusive, and subject to all prior rights, interests, easements, permits or
licenses granted by the City to any Person to use any property for any purpose whatsoever, including
the right of the City to use the same for any purpose it deems fit, including the same or similar
purposes allowed Grantee hereunder. The City may at any time grant authorization to use the Rights -
of -Way for any purpose not incompatible with Grantee's authority under this Franchise and for such
additional franchises for cable systems as the City deems appropriate.
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ITEM PH-2
2.6 Effect of Acceptance
By accepting the Franchise, the Grantee: (1) acknowledges and accepts the City's legal right to issue
and enforce the Franchise; (2) agrees that it will not oppose the City's intervening, to the extent that
the City is legally entitled to do so, in any legal or regulatory proceeding affecting the Cable System;
(3) accepts and agrees to comply with each and every provision of this Franchise; and (4) agrees that
the Franchise was granted pursuant to processes and procedures consistent with applicable law, and
that it will not raise any claim to the contrary.
2.7 Competitive Equity
(A) The Grantee acknowledges and agrees that the City reserves the right to grant one or more
additional franchises to provide Cable Service within the Franchise Area; provided, the City agrees that it
shall amend this Franchise to include any material terms or conditions that it makes available to the new
entrant within ninety (90) days of the Grantee's request, so as to ensure that the regulatory and financial
burdens on each entity are materially equivalent. "Material terms and conditions" include, but are not
limited to: franchise fees; insurance; system build -out requirements; security instruments; Access Channel
and support; customer service standards; required reports and related record keeping; and notice and
opportunity to cure breaches. If any such additional or competitive franchise is granted by the City which,
in the reasonable opinion of the Grantee, contains more favorable or less burdensome terms or conditions
than this Franchise, the City agrees that it shall amend this Franchise to include any more favorable or less
burdensome terms or conditions in a manner mutually agreed upon by City and Grantee.
(B) 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 serve or require to be served a
copy of such application upon the Grantee by registered or certified mail or via nationally recognized
overnight courier service.
(C) In the event that a wireline multichannel video programming distributor provides video
service to the residents of the City under the authority granted by federal or State legislation or other
regulatory entity, the Grantee shall have a right to request Franchise amendments that relieve the Grantee
of regulatory burdens that create a competitive disadvantage to the Grantee. In requesting amendments,
the Grantee shall file a petition seeking to amend the Franchise. Such petition shall: (1) indicate the
presence of such wireline competitor; (2) identify the basis for Grantee's belief that certain provisions of
the Franchise place Grantee at a competitive disadvantage; and (3) identify the regulatory burdens to be
amended or repealed in order to eliminate the competitive disadvantage. The City shall not unreasonably
withhold consent to the Grantee's petition.
SECTION 3. FRANCHISE FEES AND FINANCIAL CONTROLS
3.1 Franchise Fees
As compensation for the use of the City's Rights -of -Way, Grantee shall, upon written request of the
City, pay a franchise fee to the City in an amount not to exceed five percent (5%) of Grantee's Gross
Revenues. Accrual of such franchise fees shall commence as of the date of the City's written
notification to Grantee.
3.2 Payments
If franchise fees are requested, Grantee's franchise fee payments to the City shall be computed
quarterly for the preceding quarter. Each payment shall be due and payable no later than thirty (30)
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ITEM PH-2
days after the end of the preceding quarter, after which time interest will accrue. The quarters shall
end respectively on the last day of March, June, September and December.
3.3 Acceptance of Payment
No acceptance of any payment shall be construed as an accord by the City that the amount paid is, in
fact, the correct amount, nor shall any acceptance of payments be construed as a release of any claim
the City may have for further or additional sums payable or for the performance of any other
obligation of Grantee.
3.4 Franchise Fee Reports
Each payment shall be accompanied by a written report to the City, verified by an authorized
representative of Grantee, containing an accurate statement in summarized form which includes a
breakdown by category of Grantee's Gross Revenues and the computation of the payment amount.
3.5 Audits
Upon forty-five (45) days prior written notice, the City shall have the right to conduct an annual
independent audit of Grantee's records necessarily related to the enforcement of this Franchise and to
recompute any amounts determined to be payable under this Franchise. If Grantee cooperates in
making all relevant records available to the City, the City will attempt to complete each audit within
six (6) months, and the audit period shall be no greater than the previous three (3) years, unless the
City has information relating to previous years beyond. the three (3) years which raises doubt as to the
accuracy of payments made under this or previous franchises, in which case an additional three (3)
years may be audited. Any undisputed amounts due to the City as a result of the audit shall be paid
within sixty (60) days following written notice to the Grantee by the City, which notice shall include a
copy of the audit findings. If the audit shows that franchise fees have been underpaid by five percent
(5%) or more in any calendar year, Grantee shall pay for the cost of the audit up to fifteen thousand
dollars ($15,000) for the first year of the audit period and seven thousand five hundred dollars
($7,500) for each year thereafter.
If Grantee disputes all or part of the audit findings, then the parties shall meet in an attempt to resolve
the matter. If the parties are unable to resolve the matter, then that matter may be referred to non-
binding arbitration by either of the parties. Each party shall bear one-half of the costs and expenses of
the arbitration proceedings. The decision of the arbitrator(s) shall be subject to judicial review at the
request of either party.
3.6 Financial Records
Grantee agrees to meet with a representative of the City upon request to review Grantee's
methodology of record -keeping, financial reporting, the computing of franchise fee obligations and
other procedures, the understanding of which the City deems necessary for reviewing reports and
records that are relevant to the enforcement of this Franchise.
3.7 Late Payments
In the event any payment due the City is not timely made, Grantee shall pay, in addition to the
amount due, interest at the maximum allowed rate as provided under State law, from the payment
due date until the City receives the payment.
ITEM PH-2
3.8 Underpayments
If a franchise fee underpayment is discovered as the result of an audit, Grantee shall pay, in addition
to the amount due, interest at the maximum allowed rate as provided under State law, calculated from
the date the underpayment was originally due until the date the City receives the payment.
3.9 Maximum Franchise Fees
The parties acknowledge that, at present, applicable federal law limits the City to collecting a
franchise fee of five percent (5%) of Gross Revenues in a 12-month period. In the event that at any
time throughout the term of this Franchise, the City is authorized to collect an amount in excess of or
less than five percent (5%) of Gross Revenues, then this Franchise shall be amended at the request of
either party consistent with such change.
3.10 Additional Commitments Not Franchise Fees
No term or condition in this Franchise shall in any way modify or affect Grantee's obligation to pay
franchise fees if requested by the City. Although the total sum of franchise fee payments and
additional commitments set forth elsewhere in this Franchise may total more than five percent (5%)
of Grantee's Gross Revenues in any 12-month period, Grantee agrees that the additional
commitments herein are not franchise fees, nor are they to be offset or credited against any franchise
fee payments due to the City, nor do they represent an increase in franchise fees to be passed through
to Subscribers.
3.11 Alternative Compensation
In the event the obligation of Grantee to compensate the City through franchise fee payments is
lawfully suspended or eliminated, in whole or part, then Grantee shall pay to the City such
compensation as is required by law, including any lawfully imposed tax or fee enacted by the City.
3.12 Payment on Termination
If this Franchise terminates for any reason, the Grantee shall file with the City within ninety (90) days
of the date of the termination, a financial statement, prepared by a certified public accountant,
showing the Gross Revenues received by the Grantee since the end of the previous fiscal year.
Within thirty (30) days of the filing of the statement with the City, Grantee shall pay any unpaid
franchise fee amounts as indicated. If the Grantee fails to pay its remaining financial obligations as
required in this Franchise, the City may satisfy the same by utilizing the funds from any security
provided by the Grantee.
3.13 Tax Liability
The franchise fees shall be in addition to any and all taxes or other levies or assessments which are
now or hereafter required to be paid by businesses in general by any law of the City, the State or the
United States including, without limitation, sales, use, utility, occupation and other taxes, business
license fees or other payments. Payment of the franchise fees under this Franchise shall not exempt
Grantee from the payment of any other license fee, permit fee, tax or charge on the business,
occupation, property or income of Grantee that may be lawfully imposed by the City.
3.14 Bundling of Cable and Non -Cable Services
In no event will the Grantee unlawfully evade or reduce applicable franchise fee payments required to
be made to the City due to discounted bundled services. Customer billing shall be itemized by
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ITEM PH-2
service(s), and Grantee shall comply with all applicable laws regarding rates for Cable Services and
all applicable laws covering issues of cross subsidization.
SECTION 4. ADMINISTRATION AND REGULATION
4.1 Authority
The City shall be vested with the power and right to administer and enforce the requirements of this
Franchise and the regulations and requirements of applicable law, including the Cable Act, or to
delegate that power and right, or any part thereof, to the extent permitted under law, to any agent in
the sole discretion of the City.
The Grantee and the City shall be entitled to all rights and be bound by all changes in local, State and
federal law that occur subsequent to the effective date of this Franchise. The Grantee and the City
acknowledge that their rights and obligations under this Franchise are explicitly subject to all such
changes.
4.2 Rate Regulation
All of Grantee's rates and charges related to or regarding Cable Services shall be subject to regulation
by the City to the full extent authorized by applicable federal, State and local laws.
4.3 No Rate Discrimination
All of Grantee rates and charges shall be published (in the form of a publicly -available rate card), and
shall be nondiscriminatory for all Persons of similar classes, under similar circumstances and
conditions. Nothing herein shall be construed to prohibit:
(A) The temporary reduction or waiving of rates or charges in conjunction with valid
promotional campaigns;
(B) The offering of reasonable discounts to similarly situated Persons; or
(C) The offering of bulk discounts for Multiple Dwelling Units.
4.4 Performance Evaluations
(A) Upon written notification, the City may hold performance evaluation sessions
whenever necessary to ensure proper performance of the provisions of this Franchise.
(B) All evaluation sessions shall be open to the public.
(C) Topics which may be discussed at any evaluation session include, but are not limited
to, Subscriber figures for each classification of service, construction issues, Cable Service rate
structures, franchise fee payments, liquidated damages, free or discounted Cable Service, application
of new technologies, Cable System performance, Cable Services currently provided and
programming offered, future plans of Grantee for new services or programs, Subscriber Complaints,
privacy, modifications to this Franchise, judicial and FCC rulings, line extension policies and the
City's or Grantee's rules; provided that nothing in this subsection shall be construed as requiring the
renegotiation of this Franchise.
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ITEM PH-2
(D) During evaluations under this subsection, Grantee shall fully cooperate with the City
and shall provide such information and documents as the City may reasonably require to perform the
evaluation.
4.5 Leased Access Channel Rates
Grantee shall offer Leased Access Channel capacity on such terms and conditions and rates as may be
negotiated with each lessee, subject to the requirements of Section 612 of the Cable Act. Upon
request, Grantee shall provide a complete schedule of current rates and charges for any and all Leased
Access Channels or portions of such Channels.
4.6 Late Fees
(A) For purposes of this subsection, any assessment, charge, cost, fee or sum, however
characterized, that the Grantee imposes upon a Subscriber solely for late payment of a bill is a late fee
and shall be applied in accordance with applicable local, State and federal laws.
(B) The Grantee's late fee and disconnection policies and practices shall be
nondiscriminatory, and such policies and practices, and any fees imposed pursuant to this subsection,
shall apply equally in all parts of the City without regard to the neighborhood or income level of the
Subscribers.
4.7 Reserved Authority
The City reserves all of its rights and authority arising from the Cable Act and any other relevant
provisions of federal, State or local laws.
4.8 Time Limits Strictly Construed
Whenever this Franchise sets forth a time for any act to be performed by Grantee, such time shall be
deemed to be of the essence, and any failure of Grantee to perform within the allotted time may be
considered a breach of this Franchise.
SECTION 5. INDEMNIFICATION AND INSURANCE REQUIREMENTS
5.1 Indemnification
(A) (Teneral Indemnification. Grantee shall indemnify, defend and hold harmless the
City, City Council, and any of the City's officers, officials, boards, commissions, agents and
employees acting in an official capacity from any action, claim, damage, loss, liability, cost or
expense, including court costs and attorneys' fees and expenses, arising from the death of or injury to
any Person, casualty or accident to equipment or property, and all other damages arising out of, or by
reason of, any construction, excavation, operation, maintenance, repair, reconstruction, relocation,
upgrade, rebuild, upkeep or removal of the Cable System, by or for Grantee, its agents or employees,
or by reason of any neglect or omission of Grantee, its agents or employees, except for injuries and
damages caused by the sole negligence of the City.
(B) Procedures and Defense. The City shall give the Grantee written notice of any claim
or of the commencement of any action, suit or other proceeding covered by the indemnity in this
subsection 5.1. If a claim or action arises, the City or any other indemnified party shall then tender
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the defense of the claim to Grantee, which defense shall be at Grantee's expense. The City may
participate in the defense of a claim and, in any event, Grantee may not agree to any settlement of
claims financially affecting the City without the City's prior written approval which shall not be
unreasonably withheld.
(C) Grantee's Duties. The fact that Grantee carries out any activities under this Franchise
through independent contractors shall not constitute an avoidance of or defense to Grantee's duties of
defense and indemnification under this subsection 5.1.
(D) Other Counsel. If separate representation to fully protect the interests of both parties
is necessary, such as a conflict of interest between the City and the counsel selected by Grantee to
represent the City, Grantee shall select additional counsel with no conflict with the City.
5.2 Insurance Requirements
(A) General Requirement. Grantee must have adequate insurance during the entire term
of this Franchise to protect the City against claims for death or injuries to Persons or damages to
property or equipment which in any way relate to, arise from or are connected with this Franchise, or
involve Grantee, its agents, representatives, contractors, subcontractors and their employees.
limits:
(B) Minimum insurance Limits. The Grantee shall maintain the following insurance
(1) Commercial General Liability: $2,000,000 per occurrence, $2,000,000
general aggregate and $1,000,000 products/completed operations aggregate.
(2) Automobile Liability: $2,000,000 combined single limit.
(3) Workers Compensation Insurance limits in accordance with State law
requirements.
(4) Excess or Umbrella Liability: $5,000,000 each occurrence and $5,000,000
policy limit.
(C) Endorsements.
(1) Commercial General Liability insurance policies are to contain, or be
endorsed to contain, the following:
(a) The Grantee's insurance coverage shall be primary insurance with
respect to the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be in excess of the Grantee's insurance and shall
not contribute to it.
(b) The Grantee's insurance shall name the City as an additional insured.
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(2) The insurance provided herein shall not be canceled or the limits reduced so
as to be out of compliance with the requirements of this subsection 5.2 without forty-five (45)
days written notice, certified mail, return receipt requested, first being given to the City. If the
insurance is canceled or reduced in coverage, Grantee shall provide a replacement policy.
(D) Aceeptability of Insurers. The insurance obtained by Grantee shall be placed with
insurers with a Best's rating of no less than "A VII" that are authorized to insure in the State.
(E) Verification of Coverage. The Grantee shall furnish the City with signed certificates of
insurance and a copy of the amendatory endorsements, including, but not necessarily limited to, the
additional insured endorsement, evidencing the Automobile Liability, Commercial General Liability
and Umbrella or Excess insurance of the Grantee upon acceptance of this Franchise. The certificate
for each insurance policy is to be signed by a Person authorized by that insurer to bind coverage on its
behalf. The certificate for each insurance policy must be on standard forms or on such forms as are
consistent with standard industry practices. The Grantee hereby warrants that its insurance policies
satisfy the requirements of this Franchise.
(F) No Limitation. Grantee's maintenance of insurance policies required by this
Franchise shall not be construed to excuse unfaithful performance by Grantee or limit the liability of
Grantee to the coverage provided in the insurance policies, or otherwise limit the City's recourse to
any other remedy available at law or in equity.
5.3 Letter of Credit
(A) If there is an uncured breach by Grantee of a material provision of this Franchise or a
pattern of repeated violations of any provision(s) of this Franchise, then Grantee shall, upon written
request, establish and provide to the City, as security for the faithful performance by Grantee of all of
the provisions of this Franchise, an irrevocable letter of credit from a local financial institution
satisfactory to the City in the amount of fifteen thousand dollars ($15,000).
(B) If a letter of credit is furnished pursuant to subsection (A), the letter of credit shall
then be maintained at that same amount throughout the remaining term of this Franchise.
(C) After the giving of notice to Grantee and expiration of any applicable cure period, the
letter of credit may be drawn upon by the City for purposes including, but not limited to, the
following:
(1) Failure of Grantee to pay the City sums due under the terms of this Franchise;
(2) Reimbursement of costs and expenses borne by the City to correct Franchise
violations not corrected by Grantee; and
(3) Monetary remedies or damages assessed against Grantee as provided in this
Franchise.
(D) Within ten (10) days following notice that a withdrawal from the letter of credit has
occurred, Grantee shall restore the letter of credit to the full amount required by subsection (A).
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Grantee's maintenance of the letter of credit shall not be construed to excuse unfaithful performance
by Grantee or limit the liability of Grantee to the amount of the letter of credit or otherwise limit the
City's recourse to any other remedy available at law or in equity.
(E) Grantee shall first appeal to the City Council for reimbursement in the event Grantee
believes that the letter of credit was drawn upon improperly. Thereafter, Grantee shall have the right
of judicial appeal if Grantee believes the letter of credit has not been properly drawn upon in
accordance with this Franchise.
5.4 Bonds
(A) Grantee shall provide to the City a faithful performance bond in the amount of fifty
thousand dollars ($50,000) and obtain additional bonds on a project specific basis as required by the
Municipal Code or regulations.
(B) Grantee's maintenance of the bond(s) shall not be construed to excuse unfaithful
performance by Grantee, or limit the liability of Grantee to the amount of the bond(s), or otherwise
limit the City's recourse to any other remedy available at law or in equity.
SECTION 6. CUSTOMER SERVICE
6.1 Customer Service Standards
The City and Grantee recognize the importance of customer service in the grant of this Franchise.
Grantee shall comply with customer service standards as the same may be adopted and amended
from time to time by the City Council. Grantee reserves the right to challenge any customer service
standard that it believes is inconsistent with its contractual rights granted pursuant to this Franchise or
State or federal law.
6.2 Subscriber Privacy
Grantee will comply with privacy rights of Subscribers in accordance with federal, State and local
laws.
SECTION 7. REPORTS AND RECORDS
7.1 Open Records
The City shall have access to, and the right to inspect, any books and records of Grantee and its
Affiliates which are reasonably necessary to monitor and enforce Grantee's compliance with the
provisions of this Franchise at the Grantee's regional business office, during normal business hours,
and without unreasonably interfering with Grantee's business operations. The City may, in writing,
request copies of any such records or books that are not identified as proprietary or confidential, and
Grantee shall provide such copies within thirty (30) days of the transmittal of such request. One copy
of all reports and records required under this or any other Section shall be furnished to the City at the
sole expense of Grantee. If the requested books and records are too voluminous, or identified as
proprietary and confidential, or for security reasons cannot be copied or removed, then the City shall
inspect them at Grantee's regional office. If any books or records of Grantee are not kept in a
regional office and not made available in copies to the City upon written request as set forth above,
and if the City determines that an examination of such records is necessary for the enforcement of this
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Franchise, then all reasonable travel expenses incurred in making such examination shall be paid by
Grantee.
7.2 Confidentiality
Grantee shall not be required to disclose information that it reasonably deems to be proprietary or
confidential in nature, nor disclose books and records of any Affiliate of Grantee that is not providing
Cable Service in the Franchise Area. The City agrees to keep confidential any proprietary or
confidential books or records of Grantee to the extent permitted by law. Grantee shall be responsible
for clearly and conspicuously identifying the records as confidential or proprietary, and shall provide a
brief written explanation as to why such information is confidential or proprietary and how it may be
treated as such under State or federal law. The Grantee shall not be required to provide Customer
information in violation of Section 631 of the Cable Act or any other applicable federal or State
privacy law. For purposes of this subsection, the terms "proprietary or confidential" include, but are
not limited to, information relating to the Cable System design, customer fists, marketing plans,
financial information unrelated to the calculation of franchise fees or rates pursuant to FCC rules, or
other information that is reasonably determined by the Grantee to be competitively sensitive. If the
City receives a demand from any Person for disclosure of any information designated by Grantee as
confidential, the City shall, so far as consistent with applicable law, advise Grantee and provide
Grantee with a copy of any written request by the Person demanding access to such information
within five (5) business days.
7.3 Maps and Records Required
Grantee shall provide to the City upon request:
(A) A route map that depicts the general location of the Cable System facilities placed in
the Rights -of -Way. The route map shall identify Cable System facilities as aerial or underground and
is not required to depict cable types, number of cables, electronic equipment, and service lines to
individual Subscribers. The Grantee shall also provide, if requested, an electronic format of the
aerial/underground facilities in relation to the Right -of -Way centerline reference to allow the City to
add this information to the City's GIS program;
(B) A copy of all FCC filings which relate to the operation of the Cable System in the
Franchise Area; and
(C) A list of Grantee's Cable Services, rates and Channel line-up.
7.4 Submittal of Documents
Upon written request, Grantee shall submit to the City a copy of any application, notification,
communication or document of any kind, submitted by Grantee or its Affiliates to any federal, State
or local courts, regulatory agencies and other governmental bodies if such document directly relates to
the operations of Grantee's Cable System within the Franchise Area. Grantee shall submit such
documents to the City no later than forty-five (45) days after receipt of the City's request. Grantee
shall not claim confidential, privileged or proprietary rights to such documents unless under federal,
State, or local law such documents have been determined to be confidential by a court of competent
jurisdiction, or a federal or State agency.
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ITEM PH-2
7.5 Annual Reports
Upon request, forty-five (45) days after the end of the first quarter, Grantee shall submit to the City a
written report, which shall include the following information:
(A) The most recently completed annual corporate report;
(B) A Gross Revenue statement for the preceding fiscal year and all deductions and
computations for the period, and such statement shall be reviewed by a certified public accountant,
who may also be the chief financial officer or controller of Grantee;
(C) A summary of the previous year's activities regarding the development of the Cable
System, including, but not limited to, homes passed, beginning and ending plant miles, any
technological changes occurring in the Cable System and the number of Subscribers for each class of
Cable Service (i.e., Basic, Expanded Basic Service, premium, etc.);
(D) A description of planned construction, if any, for the current year; and
(E) An executive summary of escalated Subscriber Complaints received in the previous
year.
7.6 False Statements
Any intentional false or misleading statement or representation in any report required by this
Franchise shall be a material breach of this Franchise and may subject Grantee to all remedies, legal
or equitable, which are available to the City under this Franchise or otherwise.
7.7 Failure to Report
The failure or neglect of Grantee to file any of the information required under this Franchise (not
including clerical errors or errors made in good faith) may, at the City's option, be deemed a breach
of this Franchise.
SECTION 8. PROGRAMMING
8.1 Broad Programming Categories
Grantee shall provide at least the following initial broad categories of programming to the extent such
categories are reasonably available:
(A) News, weather and information;
(B) Sports;
(C) General entertainment including movies;
(D) Children, family oriented;
(E) Arts, culture and performing arts; and
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ITEM PH-2
(F) Science/documentary.
8.2 Deletion of Broad Programming Categories
Grantee shall not delete or so limit as to effectively delete any broad category of programming within
its control without prior written notice to the City.
8.3 Ascertainment of Customer Satisfaction
In the event Grantee conducts an ascertainment survey related to Franchise renewal under the
guidelines of Section 626 of the Cable Act, Grantee agrees to provide, upon request, the results of
said ascertainment survey to the City within thirty (30) days of the completion thereof.
8.4 Parental Control Device
Upon request by any Subscriber, Grantee shall make available a parental control or lockout device,
trap or filter to enable a Subscriber to control access to both the audio and video portions of any or all
Channels. Grantee shall inform its Subscribers of the availability of the lockout device at the time of
their initial subscription and periodically thereafter. Such devices, traps or filters will be provided at
no charge to the Subscriber, unless otherwise provided by federal law.
SECTION 9. ACCESS
9.1 Access Channel
For the purpose of meeting the community's need for Access programming, Grantee shall make
available and maintain throughout the term of this Franchise one (1) Government Access Channel.
The City acknowledges that the Grantee's Cable System provides additional benefits to Access
programming needs beyond the requirement listed above. This is accomplished through the inclusion
of other regional access programming within the regional channel line-up that is available within the
Franchise Area. The Grantee will endeavor to provide the Subscribers in the Franchise Area with the
other regional access channels so long as the programmers offer them for use on the Cable System.
If Grantee makes a change in its Cable System and related equipment and facilities, or in its signal
delivery technology, which directly or indirectly affects the signal quality or method or type of
transmission of Access programming or services, Grantee shall take all necessary technical steps and
provide necessary technical assistance, including the acquisition of all necessary equipment, up to the
point of demarcation to ensure that the capabilities of the Access Channel and delivery of Access
programming are not diminished or adversely affected by such change.
9.2 Management, Control and Connectivity of Access Channel
(A) The City may authorize Designated Access Providers to control, operate and manage
the Access Channel. The City or its designee may formulate rules for the operation of the Access
Channel, consistent with this Franchise.
(B) Regarding the City's and Designated Access Providers use of the Access Channel,
Grantee shall fully cooperate with requests from the City, and provide all reasonably necessary
assistance related thereto.
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ITEM PH-2
(C) Grantee shall maintain all existing fiber optic return line(s) needed to facilitate the
transmission of the City's Access Channel to Grantee's Headend and hubs. If the City desires to
relocate or expand the fiber optic return line(s) to a new location, then, upon one hundred twenty
(120) days written request by the City and at the City's cost for Grantee's reasonable time and
materials, the Grantee shall construct the requested new fiber optic return line(s).
9.3 Location and Quality of Access Channel
(A) The Access Channel provided to Subscribers under this Franchise shall be included
by Grantee as a part of the Basic Service Tier or as otherwise provided by federal law.
(B) Grantee shall provide as much notice as possible but not less than sixty (60) days
advance written notice to the City prior to any relocation of the Government Access Channel. In
connection with the movement of the Access Channel to another Channel number, Grantee shall
provide a bill message on Subscribers' bills.
(C) The Access Channel shall have at least the same transmission quality as is used to
carry any of the commercial Channels that deliver programming on the Cable System. The Grantee
shall provide Headend and hub equipment and routine maintenance and repair and replace, if
necessary, any of Grantee's equipment required to carry the Access signal to and from the City's and
any other Access origination point and the Grantee's Headend and hubs for the Access Channel.
9.4 Access Interconnections
Grantee acknowledges that it is the City's goal to further the community's needs and interests by
providing for the interconnection of the Access Channel between the City and surrounding
communities. Therefore, Grantee will implement Access Channel interconnections, at the cost of the
City (such cost to be agreed upon by both parties prior to beginning of construction) which facilitate
the sharing of Access programming between and among the City and surrounding communities that
are served by the Grantee's same Headend or hub. The City shall have the right to use any Access
programming provided to it through an interconnection and approved for use by the interconnecting
municipality. The Grantee shall not be required by the City to interconnect the Access Channel
carried on Grantee's Cable System with those carried on a system of another cable operator with a
franchise granted by the City within the Franchise Area.
Additionally, the Grantee shall not be required by the City to interconnect the Access Channel with a
newly authorized cable operator or a facilities based entity, legally authorized by State or federal law,
who makes available for purchase by customers, Cable Services within the Franchise Area without a
franchise or other similar lawful authorization granted by the City.
9.5 Access Advances
Within sixty (60) days of the City's written request, Grantee shall pay to the City a capital advance in
the amount of $6,500 and another capital advance in the amount of $6,500 two and one-half years
after the effective date of this Franchise. These are advance payments of the monthly Capital
Contributions set forth in subsection 9.6. These funds may only be used by the City for capital
expenditures related to the Government Access Channel including, without limitation, for equipment
purchases, construction and relocation costs. These advances shall in no way be considered in lieu of
franchise fees and shall not reduce in any way franchise fees owed to the City under this Franchise.
41:411'9W
9.6 Monthly Capital Contribution
If a capital advance is provided to the City under subsection 9.5, Grantee may recover the capital
advance from Subscribers in an amount not to exceed $0.25 per Subscriber per month (the "Capital
Contribution'). In the case of both Access advance payments, if the Grantee recoups the full payment
amount prior to the two and one-half year payment date or the expiration date of the Franchise, then
upon written request, the Grantee shall continue to collect the $0.25 per Subscriber per month and
remit it to the City on a quarterly basis. Upon forty-five (45) days written notice, the monthly amount
may be adjusted upon approval by the City Council but not to exceed $0.25 per Subscriber per
month. Grantee shall not be responsible for paying the Capital Contribution with respect to gratis or
Bad Debt accounts. The City shall have discretion to allocate the Capital Contribution in accordance
with applicable law. To the extent the City makes Access capital investments using City funds prior
to receiving the capital advances or Capital Contribution funds, the City is entitled to apply the
subsequent capital advances and Capital Contribution payments from Grantee toward such City
capital investments. The City agrees that the capital advances in subsection 9.5 and Capital
Contribution may be treated as external costs under applicable federal law. On an annual basis, the
City or its designee shall provide Grantee a statement showing the Capital Contribution account
balance, the amount expended including a detailed list of purchases, and the interest earned.
The City shall dedicate the time, personnel and other resources needed to operate the Government
Access Channel designated herein.
SECTION 10. GENERAL RIGHT-OF-WAY USE AND CONSTRUCTION
10.1 Right to Construct
Subject to the other provisions of this Franchise, Grantee may perform all construction in the Rights -
of -Way for any facility needed for the maintenance, operation or extension of Grantee's Cable
System.
10.2 Right -of -Way Meetings
Subject to receiving advance notice, Grantee will make reasonable efforts to attend and participate in
meetings of the City regarding Right -of -Way issues that may impact the Cable System.
10.3 General Standard
All work authorized and required hereunder shall be done in a safe, thorough and workmanlike
manner. All equipment shall be durable and installed and maintained in accordance with good
engineering practices and comply with applicable law.
10.4 Joint Trenching
Grantee agrees to cooperate with others to minimize adverse impacts on the Rights -of -Way through
joint trenching and other arrangements.
10.5 Movement of Facilities During Emergencies
During emergencies, except those involving imminent danger to the public health, safety or welfare,
the City shall provide notice to Grantee, at a designated emergency response contact number, to allow
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ITEM PH-2
Grantee the opportunity to respond and rectify the problem without disrupting Cable Service. If after
providing notice, there is no immediate response, the City may move Grantee's facilities.
10.6 One Call
The Grantee shall, at its own expense, participate in the call before you dig program required under
State Law.
10.7 Permits Required
Prior to doing any work in the Right -of -Way or other public property (with the exception of
installations or general maintenance that involves no construction and with no disruption to the use of
the Right -of -Way or other public property), Grantee shall apply for, and obtain, in advance,
appropriate permits from the City. As part of the permitting process, the City may impose such
conditions as are necessary for protecting any structures in such Rights -of -Way, and for providing for
the proper restoration of such Rights -of -Way and to protect the public and the continuity of pedestrian
or vehicular traffic. Grantee shall pay all generally applicable fees for the requisite City permits.
10.8 Emergency Permits
In the event that emergency repairs are necessary, Grantee shall immediately notify the City of the
need for such repairs. Grantee may initiate such emergency repairs, and shall apply for appropriate
permits within forty-eight (48) hours after discovery of the emergency.
10.9 Submittal of Plans
No construction activities shall occur within the Rights -of -Way of the City unless plans therefor shall
have been first submitted to the City.
10.10 Compliance with Applicable Codes
(A) Ci1iv Cades. Grantee shall comply with all applicable City codes, including, without
limitation, construction codes, building codes, the Fire Code and zoning codes and regulations.
(B) Regulations and Safely Codes. Grantee shall comply with all applicable federal, State
and City safety requirements, rules, regulations, laws and practices. By way of illustration and not
limitation, Grantee shall comply with the National Electric Code, National Electrical Safety Code and
Occupational Safety and Health Administration (OSHA) Standards.
10.11 Least Interference
Work in the Right -of -Way, or on other public property, shall be done in a manner that causes the least
interference with the rights and reasonable convenience of property owners and residents. Grantee's
Cable System shall be constructed and maintained in such a manner as not to interfere with sewers,
water pipes or any other property of the City, or with any other pipes, wires, conduits, pedestals,
structures or other facilities that may have been laid in the Rights -of -Way by, or under, the City's
authority. The Grantee's Cable System shall be located, erected and maintained so as not to endanger
or interfere with the lives of Persons, or to interfere with new improvements the City may deem
proper to make or to unnecessarily hinder or obstruct the free use of the Rights -of -Way or other
public property, and shall not interfere with travel and use of public places by Persons during the
construction, repair, operation or removal thereof In the event of such interference, the City may
20
ITEM PH-2
require the removal or relocation of Grantee's lines, cables, equipment and other appurtenances from
the property in question at Grantee's expense.
10.12 Prevent Injury/Safety
Grantee shall provide and use any equipment and facilities necessary to control and carry Grantee's
signals so as to prevent injury to the City's property or property belonging to any Person. Grantee
shall repair, change and improve its facilities to keep them in good repair, and safe and presentable
condition. All excavations made by Grantee in the Rights -of -Way shall be properly safeguarded for
the prevention of accidents.
10.13 Notice to Private Property Owners
Except in the case of an emergency involving public safety, Grantee shall give reasonable advance
notice to private property owners or tenants of construction work on or adjacent to such private
property.
10.14 Poles & Undergrounding Requirements
(A) If all of the wires and lines of electric and telephone service providers in any given
area within the Franchise Area are now or in the future placed underground, the Grantee shall place
its Cable System distribution cables underground. In any part of the Franchise Area where the wires
and lines of the electric and telephone service providers are both aerial and underground, the Grantee
shall have the discretion to construct, operate, and maintain all of its distribution cables, or any part
thereof, aerially or underground. In areas where the electric and telephone service providers wiring is
aerial, the Grantee may install aerial cable, except when a property owner or resident requests
underground installation and agrees to bear the additional cost in excess of aerial installation. Nothing
in this subsection shall be construed to require the Grantee to construct, operate, or maintain
underground any ground -mounted appurtenances such as power supplies, or pedestals. Cable System
equipment such as pedestals may be accompanied by landscaping and screening which, if required by
the City, will meet with the approval of the City on a case by case basis. Grantee shall not erect or
authorize or allow others to erect any poles within the Rights -of -Way of the City for operation of its
Cable System.
(B) This Franchise does not grant, give or convey to the Grantee the right or privilege to
install its facilities in any manner on poles or equipment of the City or of any other Person.
(C) The Grantee and the City recognize that situations may occur in the future where the
City may desire to place its own conduit and fiber optic cable in trenches or bores opened by the
Grantee. The Grantee agrees to cooperate with the City in any such construction that involves
trenching or boring. The Grantee shall allow the City to lay City conduit and fiber optic cable in the
Grantee's trenches and bores, provided that the City and Grantee enter into a mutually acceptable cost
sharing arrangement consistent with State law. The City shall be responsible for maintaining its
respective conduit and fiber optic cable, which is buried in the Grantee's trenches and bores.
10.15 Restoration of Property
(A) If damage occurs, the Grantee shall promptly notify the property owner within
twenty-four (24) hours.
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ITEM PH-2
(B) If in connection with the construction, operation, maintenance, upgrade, repair or
replacement of the Cable System, the Grantee disturbs, alters, or damages any public or private
property, the Grantee agrees that it shall at its own cost and expense pay for any damage and replace
and restore any such property to a condition reasonably comparable to the condition existing
immediately prior to the disturbance. Whenever Grantee disturbs or damages any Right -of -Way or
other public property, Grantee shall complete the restoration work within forty-eight (48) hours or as
authorized by the City's Public Works Director or designee.
(C) Grantee shall warrant any restoration work performed by or for Grantee in the Right -
of -Way or on other public property for one (1) year, unless a longer period is required by the
Municipal Code or any generally applicable ordinance or resolution of the City. If restoration is not
satisfactorily and timely performed by the Grantee, the City may, after prior notice to the Grantee, or
without notice where the disturbance or damage may create a risk to public health or safety, cause the
repairs to be made and recover the reasonable cost of those repairs from the Grantee. Within thirty
(30) days of receipt of an itemized list of those costs, including the costs of labor, materials and
equipment, the Grantee shall pay the City.
10.16 Movement of Cable System Facilities
(A) Relocation at Request of the City. Upon thirty (30) days prior written notice to
Grantee, the City shall have the right to require Grantee to relocate any part of the Cable System
within the Rights -of -Way when the safety, health or welfare of the public requires such change, and
the expense thereof shall be paid by Grantee. Should Grantee fail to remove or relocate any such
facilities by the date established by the City, the City may effect such removal or relocation, and the
expense thereof shall be paid by Grantee, including all costs and expenses incurred by the City due to
Grantee's delay. If the City requires Grantee to relocate its facilities located within the Rights -of -
Way, the City shall make a reasonable effort to provide Grantee with an alternate location within the
Right -of -Way. If public funds are available to any Person using such Rights -of -Way for the purpose
of defraying the cost of any of the foregoing, the Grantee may make application for such funds.
(B) hi the case of relocation projects where the City hires and designates an independent
contractor to accommodate and coordinate the conversion of overhead utilities within a City capital
improvement project, then the Grantee shall participate in the joint trenching portion of the project
and Grantee shall pay to the City Grantee's portion of the traffic control and trench costs, including
excavation and other associated costs, trench bedding, and backfill commensurate with Grantee's
proportionate share of trench usage. However, notwithstanding anything to the contrary set forth
herein, if bids from the City's contractor for placement of Grantee's conduits and vaults/pedestals in
the supplied joint trench, in the reasonable estimation of the Grantee, are not acceptable, the Grantee
shall have the option to utilize contractor(s) of its choice to complete the required work. The City's
contractor shall coordinate with the Grantee's contractor(s) to provide reasonable notice and time to
complete the placement of the Grantee's facilities in the supplied joint trench.
(C) Nothing in this Franchise shall prevent the City from constructing any public work or
capital improvement. Further, the City shall have the right to require Grantee to relocate, remove,
replace, modify or disconnect Grantee's facilities and equipment located in the Rights -of -Way or on
any other property of the City in the event of an emergency or when necessary to protect or further the
health, safety or welfare of the general public, and such work shall be performed at Grantee's
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expense. Except during an emergency, the City shall provide reasonable notice to Grantee, not to be
less than thirty (30) days, and allow Grantee the opportunity to perform such action. In the event of
any capital improvement project exceeding $500,000 in expenditures by the City which requires the
removal, replacement, modification or disconnection of Grantee's facilities or equipment, the City
shall provide at least sixty (60) days written notice to Grantee. Following notice by the City, Grantee
shall relocate, remove, replace, modify or disconnect any of its facilities or equipment within any
Right -of -Way, or on any other property of the City.
(D) If the Grantee fails to complete the above work within the time prescribed by the City,
given the nature and extent of the work, or if it is not done to the City's reasonable satisfaction, the
City may cause such work to be done and bill the reasonable cost of the work to the Grantee,
including all reasonable costs and expenses incurred by the City due to Grantee's delay. In such
event, the City shall not be liable for any damage to any portion of Grantee's Cable System. Within
thirty (30) days of receipt of an itemized list of those costs, the Grantee shall pay the City.
10.17 Movement of Cable System Facilities for Others
(A) If any removal, replacement, modification or disconnection of the Cable System is
required to accommodate the construction, operation or repair of the facilities or equipment of
another City franchise holder(s), Grantee shall, after at least thirty (30) days advance written notice,
take action to effect the necessary changes requested by the responsible entity, as long as, the other
franchise holder(s) pay for the Grantee's time and material costs associated with the project and
Grantee is issued a permit for such work by the City.
(B) The Grantee shall, upon reasonable prior written request of any Subscriber, relocate
its aerial distribution cable facilities underground, as long as, the Subscriber pays for the Grantee's
time and material costs associated with the project and Grantee is issued a permit for such work by
the City.
(C) In the event an underground conversion of cable facilities is required as part of the
street improvement condition(s) of a new land use development, not associated with a City designated
capital improvement project, this Franchise shall in no way limit the Grantee's right to recoup all time
and material costs associated with the underground conversion of the Cable System from the Person
responsible for the project.
10.18 Temporary Changes for Other Permitees
At the request of any Person holding a valid permit and upon reasonable advance notice, Grantee
shall temporarily raise, lower or remove its wires as necessary to permit the moving of a building,
vehicle, equipment or other item. The expense of such temporary changes must be paid by the
permit holder.
10.19 Reservation of City Use of Right -of -Way
Nothing in this Franchise shall prevent the City from constructing sewers; grading, paving, repairing
or altering any Right -of -Way; laying down, repairing or removing water mains; or installing conduit
or fiber optic cable.
10.20 Tree Trimming
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The Grantee shall have the authority to conduct minimal pruning and trimming for access to Cable
System facilities in the Rights -of -Way subject to compliance with the City Code. In situations
involving tree trimming activities for construction activities on its Cable System lines in the Rights -of -
Way, the Grantee shall coordinate the trimming with the City per the City Code. All such trimming
shall be done at the Grantee's sole cost and expense. The Grantee shall be responsible for any
damage caused by such trimming.
10.21 Inspection of Construction and Facilities
The City may inspect any of Grantee's facilities, equipment or construction within the Rights -of -Way
and on other public property upon at least twenty-four (24) hours notice, or, in case of an emergency,
upon demand without prior notice. If an unsafe condition is found to exist, the City, in addition to
taking any other action permitted under applicable law, may order Grantee to make the necessary
repairs and alterations specified therein forthwith to correct the unsafe condition by a time the City
establishes. The City has the right to inspect, repair and correct the unsafe condition if Grantee fails
to do so, and to reasonably charge Grantee therefor.
10.22 Stop Work
(A) On notice from the City that any work is being performed contrary to the provisions
of this Franchise, or in an unsafe or dangerous manner as reasonably determined by the City, or in
violation of the terms of any applicable permit, laws, regulations, ordinances or standards, the work
may immediately be stopped by the City.
(B) The stop work order shall:
(1) Be in writing;
(2) Be given to the Person doing the work and be posted on the work site;
(3) Be sent to Grantee by overnight delivery at the address given herein;
(4) Indicate the nature of the alleged violation or unsafe condition; and
(5) Establish conditions under which work may be resumed.
10.23 Work of Contractors and Subcontractors
Grantee's contractors and subcontractors shall be licensed and bonded in accordance with the City's
and State's regulations and requirements. Work by contractors and subcontractors is subject to the
same restrictions, limitations and conditions as if the work were performed by Grantee. Grantee shall
be responsible for all work performed by its contractors and subcontractors and others performing
work on its behalf as if the work were performed by it, and shall ensure that all such work is
performed in compliance with this Franchise and other applicable laws, and shall be jointly and
severally liable for all damages and correcting all damage caused by them. It is Grantee's
responsibility to ensure that contractors, subcontractors or other Persons performing work on
Grantee's behalf are familiar with the requirements of this Franchise and other applicable laws
governing the work performed by them.
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SECTION 11. CABLE SYSTEM ARCHITECTURE/TECHNICAL STANDARDS
11.1 Subscriber Network
(A) Prior to the effective date of this Franchise, Grantee has upgraded its Cable System to
a fiber -to -the -node Cable System architecture. Fiber-optic cable was deployed from the Headend to
the nodes and tying into a hybrid fiber -coaxial Cable System. Active and passive devices are capable
of passing a minimum of 750 MHz. The Cable System is capable of delivering high quality signals
that meet or exceed FCC technical quality standards regardless of how the signal is transmitted. The
Grantee shall, throughout the term of this Franchise provide additional Cable System facilities and
equipment, expand Cable System channel capacity and otherwise upgrade or rebuild its Cable System
as required to incorporate improvements in technology as necessary to reasonably meet the needs of
the community in light of the costs thereof.
Regional Cable Services provided by Grantee from a common Headend or hub shall
be deployed and made available in the City as soon as practicable and economically and technically
feasible.
(B) Grantee will take prompt corrective action if it finds that any facilities or equipment
on the Cable System are not operating as expected, or if it finds that facilities and equipment do not
comply with the requirements of this Franchise or applicable law.
11.2 Standby Power
Grantee shall provide standby power generating capacity at the Headend and hubs of at least twenty-
four (24) hours. Grantee shall maintain strategically located standby power supplies throughout the
Cable System, rated for at least four (4) hours duration.
11.3 Emergency Alert
The Grantee shall provide an operating Emergency Alert System in accordance with and at the time
required by the provisions of State and federal laws, including FCC regulations.
11.4 Technical Performance
The technical performance of the Cable System shall meet or exceed all applicable federal technical
standards, as they may be amended from time to time, regardless of the transmission technology
utilized. The City shall have the full authority permitted by applicable law to enforce compliance with
these technical standards.
11.5 Cable System Performance Testing
(A) Grantee shall perform all technical tests presently or hereafter required by the FCC.
(B) Upon request, all required FCC technical performance tests may be witnessed by
representatives of the City.
(C) Grantee shall maintain written records of its Cable System tests performed by or for
Grantee. Copies of such test results will be provided to the City upon request.
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ITEM PH-2
(D) Grantee shall promptly take such corrective measures as are necessary to correct any
performance deficiencies fully and to prevent their recurrence as far as possible. Grantee's failure to
correct deficiencies identified through this testing process shall be a material violation of this
Franchise. Sites shall be re -tested following correction.
11.6 Additional Tests
In addition to the above, where there exists other evidence which in the judgment of the City casts
doubt upon the reliability or technical quality of the Cable System, after giving Grantee thirty (30)
days prior written notice and a reasonable opportunity to cure, the City may retain an independent
consultant to conduct an analysis of the Cable System and its performance. In conjunction with the
foregoing notice and cure opportunity, the City shall also have the right and authority to require
Grantee to conduct additional tests regarding the performance of the Cable System. Grantee shall
fully cooperate with the City and the City's consultant in performing such testing. Following testing,
the consultant's report shall include the following information:
(A) the nature of the evidence which precipitated the special tests;
(B) the Cable System component tested;
(C) the equipment used and procedures employed in testing;
(D) the results of the testing and Cable System evaluation, including a description of any
problem(s) found;
(E) the method, if any, in which such problem was resolved; and
(F) any other information pertinent to said tests and analysis, which may be required.
If the test(s) indicate that the Cable System is not performing in compliance with FCC technical
standards, the Grantee shall reimburse the City for all of the City's reasonable costs (including,
without limitation, consultant's fees and expenses) with regard to such test(s).
SECTION 12. SERVICE EXTENSION AND SERVICE TO PUBLIC BUILDINGS
12.1 Service Availability
(A) Subject to the density provisions described in subsection 12.1(B) below and
accessibility, Cable Service shall be made available in the entire Franchise Area. If such availability
does not now exist in the Franchise Area, the Grantee shall complete such construction and wiring
and be in a position to offer Cable Service to all residents within six (6) months of such availability.
Other areas subsequently annexed shall be provided with Cable Service within twelve (12) months.
(B) Distribution Line Extension Charge,,,. The Grantee must make Cable Service available
to every residential Dwelling Unit within the Franchise Area where the minimum density is at least
twenty-five (25) Dwelling Units per strand mile in areas served by overhead facilities and sixty (60)
Dwelling Units per mile in areas served by underground facilities. The Grantee may elect to provide
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Cable Service to areas not meeting the above density standards and charge the requesting resident(s)
for the line extension on a time and material cost basis.
(C) New Developments. The City shall use its best efforts to provide the Grantee with
written notice of the issuance of formal approvals for new subdivisions and/or planned developments,
within the Franchise Area, requiring underground installation and/or the conversion of the Cable
System as part of the approval condition(s).
(D) F.xtraordinar; Installation Charges. All residents requesting Cable Service and living
within one hundred twenty-five (125) aerial feet of existing cable distribution or trunk lines shall have
the cable installed at the prevailing published installation rate. In the event a request is made for
service and the residence is more than one hundred twenty-five (125) aerial feet from an existing
cable distribution or trunk line, such installation shall be completed on a time and material cost basis
for that portion of the service line extending beyond one -hundred twenty-five (125) feet.
(E) Service to Multiple Dwelling I hits. The Grantee shall provide Cable Service to
Multiple Dwelling Units in accordance with this Franchise and applicable laws.
12.2 Connection of City and Other Public Facilities
Grantee shall, upon request through the designated City representative and without charge, provide a
standard installation and a minimum'of one outlet of Basic and Expanded Basic Cable Services (and
if necessary one (1) converter) to City administrative buildings as designated by the City (whether
they are owned or leased), and fire station(s), police station(s), libraries, Access facilities and K-12
public School(s). If the installation to such building does exceed one hundred twenty-five (125) aerial
feet, the City or other agency agrees to pay the incremental cost of such installation in excess of one
hundred twenty-five (125) aerial feet or a necessary distribution line extension of the Cable System,
including the cost of such excess labor and materials. The recipient of the service will secure any
necessary right of entry. The Cable Service will not be used for commercial purposes, and the outlets
will not be located in jail cells or areas open to the public, except for one outlet to be located in a
public lobby in City Hall that will be used by the public for viewing City Council meeting broadcasts.
The City will take reasonable precautions to prevent any use of the Grantee's Cable System in any
manner that results in inappropriate use, loss or damage to the Cable System. If additional outlets of
Cable Service are needed in such buildings, only the Grantee is authorized to complete the Cable
Service expansion to support the outlet installation(s) and the building occupant will pay the standard
installation fees. No other Cable Service fees shall be owed in connection with additional outlets.
SECTION 13. FRANCHISE VIOLATIONS
13.1 Non -Material Franchise Violations
(A) If the City believes that Grantee has failed to perform any non -material obligation
under this Franchise, the City shall notify Grantee in writing, stating with reasonable specificity the
nature of the alleged default. Grantee shall have thirty (30) days from the receipt of such notice to:
(1) respond to the City, contesting the City's assertion that a default has occurred,
and request a meeting in accordance with subsection (B), below; or
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ITEM PH-2
(2) cure the default; or
(3) notify the City that Grantee cannot cure the default within thirty (30) days,
because of the nature of the default. In the event the default cannot be cured within thirty (30)
days, Grantee shall promptly take all reasonable steps to cure the default and notify the City in
writing and in detail as to the exact steps that will be taken and the projected completion date.
In such case, the City may set a meeting in accordance with subsection (B) below to
determine whether additional time beyond the thirty (30) days specified above is indeed
needed, and whether Grantee's proposed completion schedule and steps are reasonable.
(B) If Grantee does not cure the alleged default within the cure period stated above, or
denies the default and requests a meeting in accordance with subsection (A)(1), or the City orders a
meeting in accordance with subsection (A)(3), the City shall set a meeting to investigate said issues
and the existence of the alleged default. The City shall notify Grantee of the meeting in writing and
such meeting shall take place no less than fifteen (15) business days after Grantee's receipt of notice
of the meeting. At the meeting, Grantee shall be provided an opportunity to be heard and to present
evidence in its defense.
(C) If, after the meeting, the City determines that a default exists, Grantee and the City
may agree on a plan and schedule to cure the default. Absent such agreement, the City shall order
Grantee to correct or remedy the default or breach within thirty (30) days or within such other
reasonable timeframe, beyond thirty (30) days as the City shall determine. In the event Grantee does
not cure the default within such time to the City's reasonable satisfaction, the City may:
(1) Recommend the revocation of this Franchise pursuant to the procedures in
subsection 13.2; or
(2) Pursue any other legal or equitable remedy available under this Franchise or
applicable law.
(D) The determination as to whether a non -material violation of this Franchise has
occurred shall be within the discretion of the City. Any such determination by the City must be in
writing and must be based upon findings that include Grantee's submissions, provided that any such
determination may be subject to appeal to the City Council or review by a court of competent
jurisdiction under applicable law.
13.2 Material Franchise Violations
(A) The City may revoke this Franchise and rescind all rights and privileges associated
with this Franchise in any of the following circumstances:
(1) If Grantee fails to perform any material obligation under this Franchise;
(2) If Grantee willfully fails for more than three (3) days to provide continuous
and uninterrupted Cable Service;
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ITEM PH-2
(3) If Grantee attempts to evade any material provision of this Franchise or to
practice any fraud or deceit upon the City or Subscribers;
(4) If Grantee becomes insolvent, or if there is an assignment for the benefit of
Grantee's creditors; or
(5) If Grantee fails to provide the insurance or other security required by this
Franchise.
(B) Prior to forfeiture or termination of the Franchise, the City shall give written notice to
the Grantee of its intent to revoke the Franchise. The notice shall set forth the exact nature of the
alleged noncompliance. Grantee shall have thirty (30) days from such notice to object in writing and
to state its reasons for such objection and provide any explanation. In the event the City has not
received a timely and satisfactory response from Grantee, it may then seek a termination of the
Franchise in accordance with this subsection.
(C) The City Council shall conduct a public hearing to determine if revocation of the
Franchise is warranted.
(1) At least thirty (30) days prior to the public hearing, the City Clerk shall issue a
public hearing notice that shall establish the issue(s) to be addressed in the public hearing;
provide the time, date and location of the hearing; provide that the City Council shall hear any
Persons interested therein; and provide that the Grantee shall be afforded fair opportunity for
full participation, including the right to introduce evidence, to require the production of
evidence, to be represented by counsel and to question witnesses.
(2) A verbatim transcript shall be made by a court reporter of such proceeding
and the cost shall be paid by the Grantee.
(3) Within thirty (30) days after the close of the hearing, the City Council shall
issue a written decision regarding the revocation and termination of the Franchise.
(D) Grantee shall be bound by the City Council's decision to revoke the Franchise unless
an appeal to a court of competent jurisdiction is filed within thirty (30) days of the date of the City
Council's decision.
(E) Grantee and the City shall be entitled to such relief as the court may deem appropriate.
13.3 Termination
(A) If this Franchise expires without renewal or is otherwise lawfully terminated or
revoked, the City may, subject to applicable law:
(1) Require Grantee to maintain and operate its Cable System on a month -to -
month basis until a new cable operator is selected; or
(2) Purchase Grantee's Cable System in accordance with federal law.
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ITEM PH-2
(B) The City may order the removal of the above -ground Cable System facilities and such
underground facilities from the City at Grantee's sole expense within a reasonable period of time as
determined by the City. In removing its plant, structures and equipment, Grantee shall refill, at its
own expense, any excavation that is made by it and shall leave all Rights -of -Way, public places and
private property in as good a condition as that prevailing prior to Grantee's removal of its equipment
and without affecting electrical or telephone wires or attachments. The indemnification, insurance
provisions and letter of credit, if any, shall remain in full force and effect during the period of
removal, and Grantee shall not be entitled to, and agrees not to request, compensation of any sort
therefor.
(C) If Grantee fails to complete any removal required by subsection 13.3 (B) to the City's
satisfaction, after written notice to Grantee, the City may cause the work to be done and Grantee shall
reimburse the City for the costs and expenses incurred within thirty (30) days after receipt of an
itemized list of the costs and expenses, or the City may recover the costs and expenses through the
Grantee's security instruments if Grantee has not paid such amount within the foregoing thirty (30)
day time period. Any costs and expenses incurred by the City regarding such removal shall be
included in the monies due the City from the Grantee, including reasonable attorneys' fees, and costs
and expenses for work conducted by the City staff or its agents.
13.4 Receivership
At the option of the City, subject to applicable law, this Franchise may be revoked after the
appointment of a receiver or trustee to take over and conduct the business of Grantee whether in a
receivership, reorganization, bankruptcy or other action or proceeding, unless:
(A) The receivership or trusteeship is timely vacated; or
(B) The receiver or trustee has timely and fully complied with all the terms and provisions
of this Franchise, and has remedied all defaults under the Franchise. Additionally, the receiver or
trustee shall have executed an agreement duly approved by the court having jurisdiction, by which the
receiver or trustee assumes and agrees to be bound by each and every term, provision and limitation
of this Franchise.
13.5 Alternative Remedies
No provision of this Franchise shall be deemed to bar the City from seeking appropriate judicial
relief Neither the existence of other remedies identified in this Franchise nor the exercise thereof
shall be deemed to bar or otherwise limit the right of either party to recover monetary damages, as
allowed under applicable law, or to seek and obtain judicial enforcement by means of specific
performance, injunctive relief or mandate, or any other remedy at law or in equity. The City
specifically does not, by any provision of this Franchise, waive any right, immunity, limitation or
protection otherwise available to the City, its officers, officials, City Council, Boards, commissions,
agents, or employees under federal, State, or local law (including, for example, Section 635A of the
Cable Act).
13.6 Assessment of Liquidated Damages
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ITEM PH-2
(A) Because it may be difficult to calculate the harm to the City in the event of a breach of
this Franchise by Grantee, the parties agree to liquidated damages as a reasonable estimation of the
actual damages. To the extent that the City elects to assess liquidated damages as provided in this
Franchise, such damages shall be the City's sole and exclusive remedy for such breach or violation
and shall not exceed a time period of one hundred eighty (180) days. Nothing in this subsection is
intended to preclude the City from exercising any other right or remedy with respect to a breach that
continues past the time the City stops assessing liquidated damages for such breach.
(B) Prior to assessing any liquidated damages, the City shall follow the enforcement
procedures of this Franchise that provide the Grantee proper notice and a right to cure.
(C) The City shall not assess any liquidated damages if the Grantee has cured or
commenced to and completes the cure under the enforcement provisions of this Franchise. In the
event Grantee fails to cure, the City may assess liquidated damages and shall inform Grantee in
writing of the assessment. Grantee shall have thirty (30) days to pay the damages.
(D) The first day for which liquidated damages may be assessed, if there has been no cure
after the end of the applicable cure period, shall be the day after the end of the applicable cure period,
including any extension of the cure period granted by the City.
(E) Grantee may appeal (by pursuing judicial relief) any assessment of liquidated
damages within thirty (30) days of paying the assessment.
Pursuant to the requirements outlined herein, liquidated damages shall not exceed the following
amounts: one hundred dollars ($100.00) per day for material departure from the FCC technical
performance standards; one hundred dollars ($100.00) per day for failure to provide the Access
Channel or any equipment related thereto which is required hereunder; one hundred dollars ($100.00)
per day for each material violation of the Customer Service Standards; one hundred dollars ($100.00)
per day for failure to provide reports or notices as required by this Franchise; and one hundred dollars
($100.00) per day for any material breaches or defaults not previously listed.
13.7 Effect of Abandonment
If the Grantee abandons its Cable System during the Franchise term, or fails to operate its Cable
System in accordance with its duty to provide continuous service, the City, at its option, may obtain
an injunction, or operate the Cable System, or designate another entity to operate the Cable System
temporarily until the Grantee restores service under conditions acceptable to the City, or until the
Franchise is revoked and a new franchisee is selected by the City. If the City operates the Cable
System, or designates another entity to operate the Cable System, the Grantee shall reimburse the City
or the City's designee, as applicable, for all reasonable costs and expenses incurred. If Grantee
permanently abandons its entire Cable System, then, at the City's sole discretion, such Cable System
may become the property of the City, and Grantee shall then submit to the City a bill of sale and other
conveyance documents, to be approved in advance by the City Attorney, transferring ownership of
such property to the City.
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ITEM PH-2
SECTION 14. FRANCHISE RENEWAL
Any renewal of this Franchise shall be governed by and comply with the provisions of Section 626 of
the Cable Act, as amended, unless the procedures or substantive protections set forth therein shall be
deemed to be preempted or superseded by provisions of any subsequent federal or State law.
SECTION 15. FRANCHISE TRANSFER
(A) Except as allowed under subsection (G), the Cable System and this Franchise shall not
be sold, assigned, transferred, leased or disposed of, either in whole or in part, either by involuntary
sale or by voluntary sale, merger or consolidation; nor shall title thereto, either legal or equitable, or
any right, interest or property therein pass to or vest in any Person without the prior written consent of
the City, which consent shall not be unreasonably withheld.
(B) The Grantee shall promptly notify the City of any actual or proposed change in, or
transfer of, or acquisition by any other party of control of the Grantee. The word "control" as used
herein is not limited to majority stock ownership but includes actual working control in whatever
manner exercised. Every change, transfer or acquisition of control of the Grantee shall make this
Franchise subject to cancellation unless and until the City shall have consented thereto.
(C) The parties to the sale, transfer or change of control shall make a written request to the
City for its approval of a sale, transfer or change of control and shall furnish all information required
by law.
(D) The City may condition said sale, transfer or change of control upon such terms and
conditions as it deems reasonably appropriate, including, for example, any adequate guarantees or
other security, as allowed by applicable law. Additionally, the prospective controlling party or
transferee shall effect changes as promptly as practicable in the operation of the Cable System, if any
changes are necessary, to cure any violations or defaults presently in effect or ongoing.
(E) The City shall act by ordinance or resolution on the request within one hundred
twenty (120) days of the request, provided it has received all information required by law, such as a
complete FCC Form 394. Subject to the foregoing, if the City fails to render a final decision on the
request within one hundred twenty (120) days, such request shall be deemed granted unless the
requesting party and the City agree to an extension of time.
(F) Within thirty (30) days of any transfer, sale or change of control, if approved or
deemed granted by the City, Grantee shall file with the City a copy of the deed, agreement, lease or
other written instrument evidencing such sale or transfer of ownership or control, certified and sworn
to as correct by Grantee and the transferee or new controlling entity. In the event of a sale or transfer
of ownership, the transferee shall also file its written acceptance agreeing to be bound by all of the
provisions of this Franchise. h1 the event of a change in control, in which the Grantee is not replaced
by another entity, the Grantee will continue to be bound by all of the provisions of the Franchise and
will not be required to file an additional written acceptance.
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ITEM PH-2
(G) Notwithstanding the foregoing, the City's consent shall not be required for a
mortgage, hypothecation or an assignment of Grantee's interest in the Franchise in order to secure
indebtedness or for a transfer to an intra-company Affiliate, provided that the Grantee must
reasonably notify the City in advance and the Affiliate must have the requisite legal, financial and
technical capability.
SECTION 16. MISCELLANEOUS PROVISIONS
16.1 Discriminatory Practices Prohibited
Throughout the term of this Franchise, Grantee shall fully comply with all equal employment and
nondiscrimination provisions of applicable law.
16.2 Notices
Throughout the term of this Franchise, each party shall maintain and file with the other a local address
for the service of notices by mail. All notices shall be sent to such respective address, and such
notices shall be effective upon the date of mailing. At the effective date of this Franchise:
Grantee's address shall be:
With a copy to:
Comcast of Washington IV, Inc.
Comcast of Bellevue, Inc.
P.O. Box 97007
Redmond, WA 98073-9707
Attention: Franchising Department
Comcast of Washington IV, Inc.
Comcast of Bellevue, Inc.
15815 25t' Ave. W.
Lynnwood, WA 98087
Attention: Franchising Department
City's address shall be:
City of Medina
501 Evergreen Point Road
P.O. Box 144
Medina, WA 98039
Attention: City Manager
16.3 Cumulative Rights
Subject to applicable law, all rights and remedies given to the City by this Franchise shall be in
addition to and cumulative with any and all other rights and remedies, existing or implied, now or
hereafter available to the City.
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ITEM PH-2
16.4 Costs to be Borne by Grantee
Grantee shall reimburse the City for all costs of publication of this Franchise, and any notices prior to
any public hearing regarding this Franchise, following receipt of an itemized bill. Because the City is
not receiving franchise fees as of the effective date of this Franchise, then upon written request,
Grantee shall also reimburse the City for all fees, costs and expenses incurred by the City in the
drafting, negotiation and finalization of this Franchise including, without limitation, consultant fees.
Grantee may recover the cost of such items in a manner consistent with the terms of federal law.
16.5 Binding Effect
This Franchise shall be binding upon the parties hereto, their permitted successors and assigns.
16.6 Authority to Amend
In addition to police powers and subsection 3.9, this Franchise may also be amended at any time by
mutual written agreement between the parties.
16.7 Governing Laws
This Franchise shall be governed, construed and enforced in accordance with federal, State and local
laws and any applicable rules, regulations and orders of the FCC (as such now exist, are later
amended or subsequently adopted).
16.8 Captions
The captions and headings of this Franchise are for convenience and reference purposes only and
shall not affect in any way the meaning or interpretation of any provision of this Franchise.
16.9 No Joint Venture
Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the
parties, and neither party is authorized to, nor shall either party act toward third Persons or the public
in any manner which would indicate any such relationship with the other. Further, the Grantee is not
granted any express or implied right or authority to assume or create any obligation or responsibility
on behalf of or in the name of the City.
16.10 Cooperation
The parties recognize that it is in their mutual best interests for the Cable System to be operated as
efficiently as possible. To achieve this, the parties agree to cooperate with each other in accordance
with the terms and provisions of this Franchise.
16.11 Waiver
The failure of the City at any time to require performance by Grantee of any provision hereof shall in
no way affect the right of the City hereafter to enforce the same, nor shall the waiver by the City of
any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such
provision, or as a waiver of the provision itself or any other provision.
16.12 Severability
If any Section, subsection, paragraph or provision of this Franchise is determined to be illegal, invalid
or unconstitutional by any court or agency of competent jurisdiction, such determination shall have no
ITEM PH-2
effect on the validity of any other Section, subsection, paragraph or provision of this Franchise, all of
which will remain in full force and effect for the term of the Franchise.
16.13 Entire Agreement
This Franchise represents the entire understanding and agreement between the parties hereto with
respect to the subject matter hereof and supersedes all prior oral and written negotiations between the
parties.
16.14 Force Majeure
The Grantee will not be held in violation under, or in noncompliance with, the provisions of this
Franchise, nor suffer any enforcement relating thereto, where such noncompliance or alleged
violation occurred or was caused by circumstances reasonably beyond the ability of the Grantee to
control. This includes war or riots, civil disturbances, floods or other natural catastrophes, labor
stoppages or slow downs not attributable to Grantee's employees, or power outages exceeding back-
up power supplies, and work delays caused by waiting for utility providers to service or monitor their
utility poles to which the Grantee's Cable System is attached as well as verifiable unavailability of
materials and/or qualified labor to perform the work necessary.
Grantee shall have a reasonable time, under the circumstances, to perform the affected obligation
under this Franchise or to procure a substitute for such obligation which is satisfactory to the City.
If Grantee believes that a reason beyond its control has prevented or delayed its compliance with the
provisions of this Franchise, Grantee shall provide documentation as reasonably required by the City
to substantiate the Grantee's claim. If Grantee has not yet cured the deficiency, Grantee shall also
provide the City with its proposed plan for remediation, including the timing for such cure.
16.15 Attorneys' Fees
If any action or suit arises in connection with this Franchise (excluding Franchise renewal
proceedings), the court shall determine which party shall be entitled to recover all of its reasonable
attorneys' fees, costs and expenses in connection therewith, in addition to such other relief as the
court may deem proper.
16.16 Acceptance
Within sixty (60) days after the passage and approval of this Franchise by Ordinance by the City
Council, and receipt of the Franchise by Grantee, this Franchise shall be accepted by Grantee by filing
with the City its written acceptance of all of the terms, provisions and conditions of this Franchise.
The failure of Grantee to file such an acceptance shall be deemed a rejection by Grantee, and this
Franchise shall then be voidable at the discretion of the City.
35
ITEM PH-2
IN WITNESS WHEREOF, this Franchise is signed in the name of the City of Medina,
Washington, this _ day of , 2007.
CITY OF MEDINA, WASHINGTON
By:
Title:
Attest:
By -
City Clerk
Approved as to Legal Form:
By:
City Attorney
Accepted and approved this _ day of , 2007.
Attest:
By:
Secretary
Attest:
By:
Secretary
COMCAST OF WASHINGTON IV, INC.
Lm
COMCAST OF BELLEVUE, INC.
By:
Its:_
36
MEDINA CITY COUNCIL
REGULAR MEETING MINUTES
Medina City Hall Council Chambers
September 10, 2007, 6:30 pm
CALL TO ORDER
ITEM CA-1
DRAFT MINUTES
Miles Adam called the September 10, 2007, Medina City Council Meeting to order
at 6:36 pm.
ROLL CALL
Council Members Present: Miles Adam, Lucius Biglow (via telephone), Drew Blazey,
Katie Phelps, Robert Rudolph and Pete Vall-Spinosa
Council Members Absent: Jim Lawrence (excused)
City Staff Present: Mark Weinberg, City Manager; Wayne Tanaka, City
Attorney, Ogden Murphy Wallace; Jeff Chen, Police Chief;
Joe Willis, Director of Public Works; Joseph Gellings,
Director of Development Services; and Rachel Baker, City
Clerk
EXECUTIVE SESSION
Council recessed into Executive Session at 6:36 pm to discuss lease negotiations
pursuant to RCW 42.30.110 (1)(b). Council Members Miles Adam, Lucius Biglow (via
telephone), Drew Blazey, Katie Phelps, Robert Rudolph and Pete Vail-Spinosa; City
Manager Mark Weinberg; City Attorney Wayne Tanaka; and City Clerk Rachel Baker
were present. Chris O'Connell was present for Executive Session and left at 7:05 pm.
Executive Session adjourned and the regular meeting was called back into session at
7:11 pm. No action was taken
PUBLIC COMMENT
Mayor opened floor to public comment at 7:16 pm. No public comment was presented.
REMARKS AND ANNOUNCEMENTS
Weinberg introduced the Lifeguard Program presentation stating that the successful
nine -week program concluded August 19th and included a total of seven lifeguards. He
thanked Police Department Records Manager Linda Crum for her hard work.
Crum shared a slideshow with the audience and City Council. The presentation was an
overview of the program, which included lake lessons, boat safety, and a movie night at
the beach.
ITEM CA-1
DRAFT MINUTES
Crum answered Council inquiries regarding the program and program benefits,
including drowning prevention and first aid availability to the greater community.
CONSENT AGENDA
Adam requested item CA-5: Hazard Mitigation Plan, be pulled from the Consent Agenda
to allow for Council discussion and the item was added to New Business.
MOTION RUDOLPH AND SECOND PHELPS TO APPROVE CONSENT AGENDA
ITEMS (absent Hazard Mitigation Plan) AND MOTION CARRIED 6-0 AT 7:32 PM.
1. Approval of Minutes from August 13, 2007 City Council Meeting
2. Approval of Minutes from August 22, 2007 Special City Council Meeting
3. Approval of August 2007 Checks/Finance Officer's Report
4. NORCOM Agreement
PUBLIC HEARINGS
VIEW & SUNLIGHT ORDINANCE (continued)
Mayor opened floor to public comment at 7:33 pm.
Fred Neumann, 79th Avenue Northeast resident, spoke in favor of the ordinance saying
that it may provide relief from his neighbor's overgrown Leland Cyprus and encouraged
Council to support the ordinance.
Overlake Drive resident Larry Cole reminisced about his earlier efforts with Ordinances
575 and 743. He conveyed he would like to see the ordinance pass, as it would provide
residents a tool to work with the neighbors. He stated that he and his neighbors signed
a petition and it was submitted to the Council. Mr. Cole commented that a quality of life
has been lost since he lost the view he had in 1988.
Overlake Drive West resident Shawn Blazey said she submitted to Council petitions
from her neighbors residing on Overlake and 841h Avenue in her neighborhood. She
referred to Clyde Hill's view obstruction ordinance and hoped the Council would pass
the ordinance before them.
Overlake Drive West resident Lori Mach said her views have been blocked by hedges
and would appreciated Council's consideration of the quality of life and view
preservation. She pointed out that the ordinance would be a method for residents to
approach neighbors.
Midland Road resident Sam Eastern said that as a former resident of Clyde Hill, he was
familiar with its ordinance and looked forward to moving ahead with the ordinance
presented to Council and would be in favor of Council's approval. Mr. Eastern
commented that the issue would be of importance to all Medina residents and it would
be a mechanism to encourage neighbors to resolve disputes.
City Council Minutes September 10, 2007
Page 2
ITEM CA-1
DRAFT MINUTES
Overlake Drive resident Bud Eschbach said he had a view of the lake in 1976, but the
properties on the lakeshore have big trees and now he can no longer look at it because
it is hidden by the trees. Mr. Eschbach suggested that there are height restrictions on
homes but not on the trees in Medina and the Council needs to pass the ordinance.
Midland Road resident Jan Brekke commented that the Council should take into
consideration that trees are living things and change with time. He said it is time to get
the ordinance.
Upland Road resident Martha Woodman remarked that the ordinance is fair and
reasonable and hoped the Council would reinstate it.
Northeast Eighth Street resident Charles Pember questioned if it would be legally
possible to ban planting of Leland Cypress in Medina. Gellings answered that removal
of Leland Cypress does not require mitigation; however planting is not banned.
Evergreen Point Road resident Mark Nelson supported the ordinance and encouraged
the Council to vote in favor of it.
Mayor closed comment period at 7:45 pm and Council discussion followed
MOTION VALL-SPINOSA AND SECOND BLAZEY TO ADOPT ORDINANCE AS
WRITTEN AND MOTION FAILED 3-3 (PHELPS, RUDOLPH AND VALL-SPINOSA
OPPOSED) AT 8:19 PM.
Meeting recessed for a break at 8:21 pm and was called back into session at 8:25 pm.
OTHER BUSINESS
Planning Commission Appointment, Position 6 (8:25 pm)
Adam conveyed six applicants were considered to fill remaining the term of position six
with a term ending June 30, 2008.
MOTION AND SECOND TO CONFIRM NOMINATION OF JEFF PRICE TO PLANNING
COMMISSION AND MOTION CARRIED 5-0-1 (PHELPS ABSTAINED AT 8:27 PM.
Pitched Roof Incentives (8:28 pm)
Weinberg introduced item. Gellings defined proposal, summarized Planning
Commission findings and answered City Council inquiries. Council discussion followed.
A council majority elected for item not to proceed to public hearing. City Council agreed
to allow item to come forward packaged together as one item following Planning
Commission review of building height measurement on sloping lots and lot coverage
bonus system for R20 and R30 lots.
City Council Minutes September 10, 2007
Page 3
ITEM CA-1
DRAFT MINUTES
City Manager's Monthly Activity Report (8:58 pm)
A. Police Department
B. Development Services
C. Public Works
D. City Manager
Weinberg answered City Council inquiries and the reports were received and filed.
Agenda Calendar (9:03 pm)
Council discussed agenda calendar. Phelps left meeting at 9:04 pm.
NEW BUSINESS
Hazard Mitigation Plan (9:16 pm)
Weinberg introduced item and answered City Council inquiries. Council comments
followed. Kris Finnigan, Emergency Preparedness Consultant, was present and
provided additional information to the City Council.
MOTION RUDOLPH AND SECOND ADAM TO APPROVE HAZARD MITIGATION
PLAN AND MOTION CARRIED 5-0 AT 9:30 PM.
COUNCIL INITIATIVES
Resolution — Holiday Hours (9:30 pm)
Adam introduced item and discussion followed.
MOTION VALL-SPINOSA AND SECOND ADAM TO ADOPT RESOLUTION TO
ALLOW CLOSURE OF CITY HALL ON DECEMBER 24, 2007, AND MOTION
CARRIED 4-0-1 (BLAZEY ABSTAINED) AT 9:33 PM.
ADJOURNMENT
MOTION VALL-SPINOSA AND SECOND RUDOLPH TO ADJOURN THE SEPTEMBER
10, 2007 CITY COUNCIL REGULAR MEETING AND MOTION CARRIED 5-0 AT 9:33 PM.
The September 10, 2007, Regular Meeting of the Medina City Council adjourned at 9:33 pm.
The next Regular Meeting of the Medina City Council will be held Monday,
September 24, 2007 at 7:00 pm.
Miles R. Adam, Mayor Attest:
Rachel Baker, City Clerk
City Council Minutes September 10, 2007
Page 4
ITEM CA-2
MEDINA CITY COUNCIL
REGULAR MEETING MINUTES
Medina City Hall Council Chambers
September 24, 2007, 7:00 pm
CALL TO ORDER
DRAFT MINUTES
Miles Adam called the September 24, 2007, Medina City Council Meeting to order
at 7:05 pm.
ROLL CALL
Council Members Present: Miles Adam, Lucius Biglow, Drew Blazey, Jim Lawrence,
Katie Phelps, and Pete Vail-Spinosa
Council Members Absent: Bob Rudolph (excused)
City Staff Present: Mark Weinberg, City Manager; Wayne Tanaka, City
Attorney, Ogden Murphy Wallace; Jeff Chen, Police Chief;
Joe Willis, Director of Public Works; Joseph Gellings,
Director of Development Services; and Rachel Baker, City
Clerk
APPROVAL OF MEETING AGENDA
There was Council consensus to hold public comment, 2008 Budget discussion, and the
Consent Agenda following the presentation.
PRESENTATION
Mayor introduced Washington State Department of Transportation State Route 520
Bridge & HOV Replacement Project item. The presentation was given by Julie Meredith,
Deputy Program Director; Michael Horntvendt, SR 520 Transportation Manager; and
Lindsay Yamane, SR 520 Strategic Advisor.
The project team focused on community design, a general SR-520 update and shared
videos and conceptual drawings. The presentation continued until 7:49 pm. Project
team members addressed comments and questions from audience members and the
Council until 8:27 pm.
Mayor recessed for a break at 8:28 pm and called the meeting back to order at 8:32 pm.
PUBLIC COMMENT
Mayor opened the floor to public comment at 8:32 pm.
ITEM CA-2
DRAFT MINUTES
Overlake Drive East resident Howard Maron requested if the public pier designed for
Medina Beach Park could be repositioned further from their property line in order to
have less of an impact on their property.
The City Manager responded that the design and permitting process has been
completed and approval has already been obtained and stated the pier pilings are
expected to be excavated this week. He expressed the City is working to address his
concerns and there is not a great likelihood a significant change can be made at this
late stage. Willis estimated there might be approximately thirteen feet to negotiate.
Heija Nunn questioned if the dock design would be changed or moved and asked why
the dock would be moved. Weinberg answered that the City had taken an adjoining
neighbor's concerns and engineering reasons into consideration.
Henry Paulman, 801h Avenue Northeast resident, suggested turning the angle of the pier
to the north, rather than moving the base. Mr. Paulman inquired when the City Manager
would report on the Police Chiefs trip to Amsterdam and Weinberg replied he would be
prepared to answer the inquiry upon direction from the City Council. Mr. Paulman asked
why the City waited to bill Clearwire for clean up work until this month and Weinberg
responded he would reply to his inquiries at the appropriate time.
Northeast 24th Street resident Wilma Edmonds inquired if the costs to underground
overhead wires on 841h and 12th are included in the package and wondered how much it
would cost the golf course on the 84th Avenue side.
Weinberg stated and Willis confirmed that transmission and distribution lines would not
be undergrounded. Adam requested that the Q&A fact sheet be amended.
Bruce Hand, 82nd Avenue Northeast resident, inquired if the City Council had
considered possible damages that could be incurred to the City's sewer and water
mains during a disaster, such as during an earthquake, and if the City Council had
thought if and how it would meet the water needs of the City during an emergency. Mr.
Hand suggested that an ample water supply sits under Medina and could be accessed
at not too great of a cost.
REMARKS AND ANNOUNCEMENTS
Phelps requested a copy of the con statement for undergrounding utilities. She indicated
she had received the pro statement already, not the con statement.
OTHER BUSINESS
2008 Preliminary Budget (8:47 pm)
Weinberg summarized process, Council directives and guidelines. He noted a
calculation error was located in the budget and a replacement page was placed at the
dais before the meeting. He summarized revenue projections and expenditure
highlights.
City Council Minutes September 24, 2007
Page 2
ITEM CA-2
DRAFT MINUTES
Weinberg answered City Council inquiries. Council requested the following items:
1. A list of items excluded from budget and consider expenses for such to come from
reserves. Council recommended adding $20,000 for finance software, $12,000 for
radar unit and $10,000 for emergency preparedness.
2. A list of needs from the Emergency Committee and guidance on how to further fund
program.
3. Determine City's policy for the level of service of emergency preparedness the City
will provide.
4. Review non -union salary expenses, consider suggested amount of 7% versus
proposed amount of 9.8%
5. Present three levels of property tax calculations (as done last year).
6. Review the park projects budget, to ensure $50,000 was not entered twice.
7. Consider reviewing revenue projections, unless comfortable with what was
presented.
8. Consider options, costs and level of service to dedicate to council communications
and consider expenses to be funded from reserves.
9. Consider initiative of a centralized community police service before end of year,
however, not for inclusion in 2008 budget.
Discussion followed.
Motion Phelps and second Blazey to extend meeting fifteen minutes and motion carried
6-0 at 10:07 pm.
COUNCIL INITIATIVES
Initiative by Mayor Adam
Re: Process for Evaluating City Manager Performance (10:15 pm)
Adam introduced item and said an Executive Session will be scheduled on matter for
October 8tn
CONSENT AGENDA
The City Council desired Consent Agenda item: CA-1: Building Code Update, to be
placed on October 8tn agenda as a discussion item.
City Council Minutes September 24, 2007
Page 3
ITEM CA-2
DRAFT MINUTES
MOTION BLAZEY AND SECOND PHELPS TO APPROVE HOMELAND SECURITY
SUBGRANT AGREEMENT &BUDGET AMENDMENT ORDINANCE AND MOTION
CARRIED 6-0 AT 10:16 PM.
PUBLIC HEARINGS
Comcast Cable Franchise Agreement
Item not considered due to lack of time. Hearing carried to October 8, 2007.
EXECUTIVE SESSION
MOTION BLAZEY AND SECOND LAWRENCE TO RECESS INTO EXECUTIVE
SESSION, PURSUANT TO RCW 42.30.110 (1)(b), TO DISCUSS LEASE
NEGOTIATIONS AND THE MOTION CARRIED UNANIMOUSLY AT 10:18 PM.
The City Council anticipated it would meet in Executive Session for approximately fifteen
minutes and action may follow.
The Council reconvened into open session at 10:29 pm.
MOTION BLAZEY AND SECOND BIGLOW TO CEASE AND DESIST FURTHER
NEGOTIATIONS WITH MRS. LEE ON THE GREEN STORE AND TO REJECT THE
OFFER. MOTION CARRIED 5-1 (PHELPS OPPOSED) AT 10:30 PM.
ADJOURNMENT
MOTION BLAZEY AND SECOND ADAM TO ADJOURN THE SEPTEMBER 24, 2007
CITY COUNCIL REGULAR MEETING AND MOTION CARRIED 6-0 AT 10:30 PM.
The September 24, 2007, Regular Meeting of the Medina City Council adjourned
at 10:30 pm.
The next Regular Meeting of the Medina City Council will be held Monday,
October 8, 2007 at 7:00 pm.
Miles R. Adam, Mayor Attest:
Rachel Baker, City Clerk
City Council Minutes September 24, 2007
Page 4
ITEM CA-3
.E
CITY OF MEDINA
Memorandum
DATE: October 8, 2007
TO: Mayor and City Council
FROM: Jan Burdue, CPFA
RE: Finance Report — September 2007
General Fund
Revenues
Local Retail Sales and Use Tax are $76,562 below the budgeted amount for this time of
year.
Criminal Justice Funding is $11,887 above the budgeted amount for this time of year.
Investment Interest is $71,625 above the budgeted amount for this time of year.
Building Permits are above the budget projections by $111,366 for this time of year.
Passport Fees has met and surpassed the 2007 budget projections of $14,000 by $6,595.
Municipal Court Traffic Infractions is $6,311 above the 2007 budgeted amount for the year.
Investment Interest is $15,376 above the 2007 budgeted amount for the year.
Capital Projects Fund
Revenues
Total Real Estate Excise Tax is below the anticipated 75% benchmark $675,000, by $61,749
for this time of year.
Real Estate Excise Tax 1 received an additional $7,000 from the LGIP (Local Government
Investment Pool).
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ACCOUNT NUMBER DESCRIPTION
GENERAL FUND
City of Medina
MONTHLY REVENUE REPORT
September 30, 2007
M.T.D. Y.T.D.
RECEIPTS RECEIPTS
PROPERTY & SALES TAX
001 000 000 311 10 00 00
General Property Taxes
001 000 000 311 10 00 01
Gen'l Prop Taxes - Ad Valorem
001 000 000 313 10 00 00
Local Retail Sales & Use Tax
001 000 000 313 71 00 00
Criminal Justice Funding
TOTAL PROPERTY & SALES TAX
LICENSES & PERMITS
001 000 000 322 10 00 00
Building Permits
Doi 000 000 322 30 00 00
Animal Licenses
001 000 000 322 90 00 00
Gun Permits
TOTAL LICENSES & PERMITS
INTERGOVERNMENTAL
001 000 000 331 17 20 11
Fed-1 Grant -Homeland Security
001 000 000 334 01 10 00
State Grant-Crim Just Training
001 000 000 334 03 SO 00
State Grant -Traffic Safety Com
001 000 000 334 06 98 00
state Grant -Pierce County Emer
001 000 000 334 06 99 00
State Grant -KC -Emergency Mgmt
001 000 000 336 06 21 00
MVET-Criminal Justice -Pop.
001 000 000 336 06 26 00
Criminal Justice -Special
001 000 000 336 06 51 00
➢UI/Other Criminal Justice
001 000 000 336 06 94 00
Liquor Excise 'Fax
001 000 000 336 06 95 DO
Liquor Control Board Profits
Doi 000 000 338 21 00 DO
Runts Point Police Contract
001 000 000 338 23 00 00
Detention/Correction-Jail
TOTAL INTERGOVERNMENTAL
CHGS FOR GOODS AND SERVICES
001 000 000 341 69 00 00
Copies and Reports
001 000 000 341 99 00 00
Passport & Naturalization Fees
Dal 000 000 342 10 00 00
Law Enforcement Services
001 ODD 000 342 90 00 00
other -Police Fee -Home Alarms
001 000 000 347 60 00 00
Program Fees
TOTAL CHGS FOR GOODS/SERVICES
FINES & FORFEITURES
Dal 000 000 353 10 00 00
Municipal Court -Traffic In£rac
TOTAL FINES & FORFEITURES
MISCELLANEOUS REVENUE
001 000 000 361 11 00 00
Investment Interest
001 000 GOO 361 40 00 00
Sales Interest
Doi 000 000 363 00 DO 00
Insurance Recoveries
001 000 000 367 11 00 00
Contributions/Donations-Police
001 000 000 369 30 00 10
Confiscated Property -Auction
001 000 000 369 90 00 00
Other
001 000 000 369 90 00 05
Other-Cd's
001 000 000 369 90 00 10
Other -Copies
PAGE 1
$ OE REMAINING
ESTIMATED TOTAL EXPECTATION
23,268.27
1,160,867.17
2,126,134.00
54.60
965,266.83
.00
499.61-
.00
.00
499.61
69,249.44
673,437.99
1,000,000.00
67.34
326,562.01
6,080.04
53,136,99
55,000.00
96.61
1,863.01
98,597-75
1,886,942.54
3,181,134.00
59.32
1,294,191.46
79,268.69
673,866.43
750,000-00
89.85
76,133.57
90.00
726.00
1,000.00
72.60
274.00
.00
548.50
500.00
109.70
48.50-
79,358.69
675,140.93
751,500.00
89.84
76,359.07
.00
30,051.00
88,000.00
34.15
57,949.00
.DD
.00
15,000.00
.00
15,000.00
.00
.00
2,500.00
.00
2,500.00
.00
23,850.00
.00
.00
23,850-00-
.00
52,930.76
.00
.00
52,930.76-
.00
750.00
1,000.00
75.00
250.00
.00
1,688.40
2,200.00
76.75
511.60
.00
544.49
645.00
84.42
100.51
.Do
9,854.67
12,575.00
78.37
2,720.33
4,722.44
16,530.43
21,900.00
75.48
5,369.57
42,000.00
126,000.00
168,000.00
75.00
42,000.00
_00
.Do
500.00
.00
500.00
46,722.44
262,199.75
312,320.00
83.95
50,120.25
.00
.80
.00
.00
.So-
1,470.00
20,595.00
14,000.00
147,11
6,595.00-
325.00
1,202.50
.00
.00
1,202.50-
.00
.00
100.00
.Do
100.00
,Do
.00
2,000.00
.DO
2,000.00
1,795.00
21,798.30
16,1DD.DO
135.39
5,698.30-
11,354.48
81,311.08
75,000-00
108.41
6,311.08-
11,354.46
81,311.08
75,000.00
108.41
6,311.08-
25,984-86
240,375_94
225,000.00
106.83
15,375.94-
348.25
2,946:81
2,000.00
147,44
948.81-
_00
686.39
.00
.00
686.39-
.00
23.31
.00
.00
23.31-
50.64
100.80
.00
.00
100.80-
1,469.41
12,059-93
3,000.00
402.00
9,059.93-
30.00
45.00
.00
.00
45.00-
210.85
1,051.98
.00
.00
1,051.98-
City of Medina
MONTHLY REVENUE REPORT
September 30, 2007 PACE 2
M.T.D. Y.T.D. OF REMAINING
P -
I -
ACCOUNT NUMBER
DESCRIPTION
RECEIPTS
RECEIPTS
ESTIMATED
TOTAL
EX E
001
000
000
369
90
00
15
Other -Fingerprinting
36.00
252.05
.00
.00
252.05-
001
000
000
369
90
00
35
Other -Notary
24.00
4,814.98
.00
.00
4,814.98-
001
000
000
369
90
00
40
Other -Postage
.04
19.99
.00
.00
18.99-
001
000
000
369
90
00
45
Other -Reports
27.00
370.25
.00
.00
370.25-
TOTAL MISCELLANEOUS REVENUES
28,181.05
262,748.43
230,000.00
114.24
32,748.43-
NONREVENUES
001
000
000
389
00
00
00
Other Non -Revenues (pass thru}
.00
314.75
195,000.00
.16
194,685.25
001
000
000
389
00
00
20
Building Inspector
39.50
5,266.25
.00
.00
5,266.25-
001
000
000
389
00
00
30
Building Official
679.50
37,717.12
.00
.00
37,717.12-
001
000
000
389
00
00
40
Development Services Director
2,518.51
2,518.51
.00
.00
2,518.51-
001
000
000
389
00
00
50
Engineer
5,207.32
128,387.18
.00
.00
128,387.18-
001
000
000
389
00
00
60
Landscape Architect
667.30
25,048.64
-00
.00
25,048.64-
001
000
000
389
00
00
70
Planner
4,496,75
12,300.50
.0u
.00
12,300.50-
TOTAL NONREVENUES
13,606.88
211,552,95
195,000.00
108.49
16,552.95-
TOTAL GENERAL FUND
279,616.29
3,401,693.98
4,761,054.00
71.45
1,359,360.02
City of Med na
Claims Check Register
September 30, 2007
PAGE I
Check Amount
DISTRIBUTION
VENDOR
Ninaber NAME
DATE DATE
ISSUED REDEEMED INVOICE NO. ACCOUNT NUMBER
AMOUNT
NUMBER VENDOR
37.02 9070 LOWE'S BUSINESS ACCOUNT
09/12/07 00/00/00 AUG'07 001 000 000 576 80 31 00
24.00
73118
PW SUPPLIES
AUG107 001 000 000 576 80 31 01
13-02
PW SUPPLIES
INVOICE TOTAL
37.02
597.46 6330 HOME DEPOT CREDIT SERVICES 09/18/07 00/00/00 AUG-07 001 000 000 518 30 48 00
25.01
73119
SUPPLIES
AUG'07 001 000 000 576 80 31 00
366.24
SUPPLIES
AUG'07 101 000 000 542 30 41 10
162.67
SUPPLIES
AUG'07 001 000 000 516 30 48 00
43.54
SUPPLIES
INVOICE TOTAL
597.46
73120 30-00 351 ACCURINT
09/20/07 00/00/00 20070831 O01 000 000 521 20 41 00
30.00
MINIMUM COMMITMENT
INVOICE TOTAL
30.00
73121 53.36 825 AUTOGRAPHICS
09/20/07 00/00/00 74645 001 000 000 521 20 46 10
53.36
REFLECTIVE PRINT FLAGS
INVOICE TOTAL
53.36
73122 3,B49.96 16147 BANK OF AMERICA
09/20/07 00/00/00 AUG'07-BAKER 001 000 000 518 10 49 40
85.99
GIFT CAR/FEDEX/XEROX
AUG'07-BAKER 001 000 000 518 90 41 50
101.70
GIFT CAR/FEDEX/XEROX
AUG'07-BAKER 001 000 000 518 10 42 00
11.19
GIFT CAR/FEDEX/XEROX
AUG'07-BAKER 001 000 000 516 10 31 00
158.90
GIFT CARD/FEDEX/XEROX
INVOICE TOTAL
357.78
AUG-07-BURDUE 001 000 000 514 10 49 00
19.95
GO TO MY PC CONNECTION
INVOICE TOTAL
19-95
AUG'07-CHEN 001 000 000 521 20 43 00
2,229-26
CONF/UNIFORM/DISH
AUG'07-CHEN 001 400 000 525 60 48 00
20.99
CONF/UNIFORM/DISH
AUG'07-CHEN 001 000 000 521 20 22 00
126.17
CONF/UNIFORM/DISH
"
INVOICE TOTAL
2,376.42
AUG'07-GELLINGS 001 000 000 55B 60 31 00
195.66
WAHO BOOKS
INVOICE TOTAL
195.66
AUG107-WILLIS 001 000 000 576 80 43 00
259.00
CONCRETE & SEMINAR
City oFMedina
Claims Check Register
30, 2007
Check
Check Amount VENDOR
DATE DATE
Nxmiber NUMBER VENDOR NAME
ISSUED REDEEMED INVOICE NO.
ACCOUNT NUMBER
AUG'07-WILLIS
001 000 000 576 BO 41 04
CONCRETE & SEMINAR
INVOICE TOTAL
73123 4,646.71 1500 BELLEVUE CITY TREASURER
- UTIL 09/20/07 00/00/00 3300661
001 000 000 576 80 47 00
WATER
INVOICE TOTAL
3303.360
001 000 000 518 10 47 00
WATER
INVOICE TOTAL
3301369
001 000 000 576 80 47 OD
WATER
INVOICE TOTAL
3301452
001 000000 576 80 47 00
WATER
INVOICE TOTAL
73125 146.91 2300 BLUMENTHAL UNIFORMS & EQUIPMRN 09/20/07 00/00/00 S76710-01
001 000 000 521 20 22 00
POLICE-MARSHALL
INVOICE TOTAL
593564
001 000 000 521 20 22 00
POLICE-CRUM, BEN
INVOICE TOTAL
73126 69.09 18322 BRAT WEAR
09/20/07 00/00/00 310254
001 000 000 521 20 22 00
TABER POCKET RETROFIT
INVOICE TOTAL
73127 94.390.85 18354 CAICOS CORPORATION
09/20/07 00/00/00 5
307 000 000 595 30 63 03
MEDINA BEACH SHORELINE
INVOICE TOTAL
73128 200.00 2896 CHARLES FLICKINGER BACKFLOW TE 09/20/07 00/00/00 S949
001 000 000 576 80 41 04
BACKFLOW ASSEMBLY
INVOICE TOTAL
73129 2,261.84 18110 CHEVRON (POLICE)
09/20/07 00/00/00 78983063181709
001 000 000 521 20 32 00
POLICE AUTOMOBILES
INVOICE TOTAL
73130 719.72 3100 CHEVRON (PW STREETS)
09/20/07 00/00/00 7898306407708
001 000 000 576 80 32 00
PW AUTOMOBILES
INVOICE TOTAL
7898306407709
001 000 000 576 80 32 00
PW AUTOMOBILES
INVOICE TOTAL
PAGE 2
DISTRIBUTION
AMOUNT
641.15
900.15
52.01
52.01
653.56
6S3.56
482.44
482.44
3,458.70
3,458.70
32.67
32.67
114.24
114,24
69.09
69.09
94,390.85
94,390-85
200.00
200.00
2,261.84
2,261.84
124.86
124.86
594.86
594.86
ho
City ofMedina
Claims Check Register
September 30, 2007
PAGE 3
Check
Amolmt
DISTRIBUTION
Ninmber
VENDOR DATE DATE
NUMBER VENDOR NAME ISSUED REDEEMED INVOICE NO. ACCOUNT NUMBER
AMOUNT
73131
214.11
2660 CIT 09/20/07 00100/00 9491119 001 DDO 000 521 20 45 00
214.11
POLICE COPIER LEASE
INVOICE TOTAL
214.11
73132
154.28
18192 CNR, INC 09/20/07 00/00/00 11240 001 000 000 518 90 41 50
154.28
AUG107 PHONE MAINT
INVOICE TOTAL
154.28
73133
34.26
18275 CRYSTAL AND SIERRA SPRINGS -ADM 09/20/07 00/00/00 0807-ADMIN 001 000 000 518 10 31 00
34.26
WATER
INVOICE TOTAL
34.26
73134
24.56
3385 CRYSTAL AND SIERRA SPRINGS-POL 09/2D/07 00/00/00 0807-POLICE 001 000 000 521 20 31 00
24.56
WATER
INVOICE TOTAL
24.56
73135
16.28
18274 CRYSTAL AND SIERRA SPRINGS-PW 09/20/07 00/00/00 0807-PW 001 000 000 576 80 31 00
36-28
WATER
INVOICE TOTAL
36.28
73136
109.11
18143 EASTSIDE EXTERMINATORS 05/20/07 00/00/00 2007-014628 001 000 000 518 30 48 00
109.11
SPIDERS & ANTS
INVOICE TOTAL
109.11
73137
617.32
3890 EASTSIDE PUBLIC SAFETY COMMUNI 09/20/07 00/00/00 4424 001 000 000 521 20 51 20
617.32
RADIO ACCESS FEES
INVOICE TOTAL
617.32
73138
61.30
4640 ENA COURIERS INC 09/20/07 00/00/00 198188 001 000 000 521 20 42 00
61.30
POLICE COURIER SERVICE
INVOICE TOTAL
61.30
73139
1,162.75
18092 ENVIRONMENT CONTROL 09/20/07 00/00/00 4103354 001 000 000 518 30 48 00
267.75
TISSUE/PAPER TOWELS
INVOICE TOTAL
267.75
622462 001 000 000 518 30 48 00
895.00
MAINTENANCE
INVOICE TOTAL
895.00
73140
943.30
18112 EVER -MARK, LLC 09/20/07 00/00/00 17433 001 000 000 521 20 49 60
943.30
200 MINI POLICE CARS
INVOICE TOTAL
943.30
73141
6,932.00
5150 EVERSON'S ECONO-VAC, INC. 09/20/07 00/00/00 54659 101 000 000 542 40 41 00
6,932.00
DISPOSAL
INVOICE TOTAL
6,932.00
73142
858.13
1B407 FIELD HOUSE 09/20/07 00/00/00 2100919A 001 000 000 525 60 31 00
858.13
48 VTP'S T-SHIRTS
INVOICE TOTAL
858.13
City ofMedina
Claims Check Register
September 30, 200!
PAGE 4
Check
Amount
DATE DATE
DISTRIBUTION
Number
VENDOR
NUMBER VENDOR NAME
ISSUED REDEEMED INVOICE NO.
ACCOUNT NUMBER
AMOUNT
FINANCIAL CONSULTANTS INT'L
IN 09/20/07 00/00/00 8669
001 000 000 521 20 48 10
705-25
73143
705.25
5270
STRIP EQUIP FROM
AUTO
INVOICE TOTAL
705.25
73144
3,965.00
5275 FINNIGAN, KRISTEN
09/20/07 00/00/00 AUG'07
001 000 000 525 60 41 00
3,965.00
EMERGENCY PREPAREDNESS
INVOICE TOTAL
3,965.00
73145
79.00
5450 FOSTER PEPPER
09/20/07 00/00/00 866113
001 000 000 515 20 41 60
79.00
ROGER SKINNER APPEAL
INVOICE TOTAL
79.00
73146
5S.00
18257 FSH COMMUNICATIONS, LLC
09/20/07 00/00/00 147238
001 000 000 518 10 42 00
$5.00
PAY PHONE
INVOICE TOTAL
55.00
73147
326.00
18399 GABRIEL AND SONS WELDING
09/20/07 DO/00/00 GASN1073 ADD'L
101 000 000 542 30 41 00
326.00
DUMPSTER HINGES
INVOICE TOTAL
326.00
73148
20,175.62
18338 GMT, INC
09/20/07 00/00/0D 6
307 000 000 595 30 63 01
28,175.62
BTH ST SIDEWALKS
INVOICE TOTAL
28,175.62
73149
347.72
5875 GRAINGER
09/20/07 00/00/00 94314356669
001 000 000 576 80 31 01
185.00
CLEANER/DEGREASER
INVOICE TOTAL
185.00
9433453819
001 000 000 576 80 31 01
75.88
TOOLS
INVOICE TOTAL
75.88
9443544169
001 D00 D00 518 30 48 00
59.59
SOAP
INVOICE TOTAL
59.59
9445320113
001 000 000 576 80 31 00
27.25
EYEWEAR
INVOICE TOTAL
27.25
73150
715.35
5900 GREGG'S BELLEVUE CYCLE
09/20/07 00/00/00 641405
001 000 000 521 20 49 20
119-76
OUTFIT
INVOICE TOTAL
119.76
641834
001 000 000 521 20 49 20
118.69
OUTFIT
INVOICE TOTAL
118.69
642612
001 000 000 521 20 49 20
136.09
OUTFIT
INVOICE TOTAL
136.09
City of Medina
Claims Check Register
September 30, 2007
PAGE 5
Ch_„J>
G����
AMOlmt
R
DATE DATE
DISTRIBUTION
NUMBER VENDOR NAME
ISSUED REDEEMED INVOICE NO.
ACCOUNT NUMBER
AMOUNT
Nt
643902
001 000 000 521 20 49 20
8.71
OUTFIT
INVOICE TOTAL
8.71
646151
001 000 000 521 20 49 20
212.32
OUTFIT
INVOICE TOTAL
212.32
676241
001 000 000521 20 49 20
119.78
JACKET
INVOICE TOTAL
119.78
73151
35.95
6340 HOMEOUARD SECURITY SERVICES
09/20/07 00/00/00 IG1234
001 000 000 521 20 41 00
35.95
POLICE SECURITY
SYSTEM
INVOICE TOTAL
35.95
73152
252.52
6345 HORIZON
09/20/07 00/00/00 6787984-00
001 000 000 576 80 31 00
252.52
TURFGRO
INVOICE TOTAL
252.52
73153
140.00
18121 ISSAQUAH CITY JAIL
09/20/07 00/00/00 04-50005637
001 000 000 521 20 51 50
140.00
JAIL SERVICES
INVOICE TOTAL
140-00
73154
999.48
7180 ISSAQUAH HONDA KUBOTA
09/20/07 DO/OD/00 60897
001 000 000 576 80 31 01
37.13
SUPPLIES
INVOICE TOTAL
37.13
60906
101 000 000 542 30 48 00
962.35
REPAIRS
INVOICE TOTAL
962.35
73155
2,665.00
18331 JOHNSTON ARCHITECTS
09/20/07 00/00/00 9/5/07 CITY HALL 307 000 000 595 30 63 11
2,665.00
ARCHITECTURAL PHASE 3
INVOICE TOTAL
2,665.00
73156
6,267.00
8625 KIRKLAND MUNICIPAL COURT
09/20/07 00/00/00 JULY07MED
001 000 000 512 50 51 10
6,267.00
FILING FEES
INVOICE TOTAL
6,267.00
73157
64.85
1990 BELLEVUE PAINT & DECORATING
09/20/07 00/00/00 287129
101 000 000 542 30 41 10
84.85
PAINT
INVOICE TOTAL
84.85
73158
31,729.34
1B408 KODO CONSTRUCTION INC
09/20/07 00/00/00 6064
001 000 000 576 80 63 00
21,796.34
PAIRWTHR CEMENT STAIRS
INVOICE TOTAL 21,796.34
6081 101 000 000 542 30 41 10 9,933.00
FAIRWEATHER PARK STAIRS
INVOICE TOTAL 91933.00
City of Medina
Claims Check Re0sster
September 30, 2007
PAGE 6
Cheek
AW011 nt
VENDOR
DATE DATE
DISTRIBUTION
Nl7Inber
NUMBER VENDOR NAME
ISSUED REDEEMED INVOICE NO. ACCOUNT NUMBER
AMOUNT
73159
392.00
18409 KRAZAN & ASSOCIATES INC
09/20/07 00/00/00 1063857-14153 307 000 000 595 30 63 03
392.00
MEDINA BEACH PIER
INVOICE TOTAL
392.00
73160
19.79
9080 MCGAURAN, CATHERINE
09/20/07 00/00/00 2007 DUMPSTER 101 000 000 542 30 41 10
18.79
POST CAPS
INVOICE TOTAL
18.79
73161
85,00
18370 MEN RESOURCES, INC
09/20/07 00/00/00 125A10080002 DO1 000 000 518 10 49 10
85.00
AUG107 FLEXIBLE 125
INVOICE TOTAL
85.00
73162
163.93
18099 MICHAEL'S DRY CLEANING
09/20/07 00/00/00 AUG-07 001 000 000 521 20 22 00
163.93
POLICE DRY CLEANING
INVOICE TOTAL
163.93
73163
1,115.47
9825 MICRO DATA BUS. FORMS
09/20/07 00/00/00 40420-19 001 000 000 521 20 31 40
1,115.47
FORMS-INFRACTION/CITATI
INVOICE TOTAL
1,115.47
73164
616.38
18318 NORTHWEST AED, INC.
09/20/07 DD/00/00 1351 001 000 000 525 60 31 00
92.57
QUICK RESPONSE BAG
INVOICE TOTAL
92.57
1352 001 000 000 525 60 31 00
523.81
EMERGENCY BUCKETS
INVOICE TOTAL
523.81
7316E
832.82
10550 OFFICE DEPOT CREDIT PLAN
09/20/07 00/00/00 SEP'07 001 000 000 518 10 31 00
24.68
SUPPLIES
SEP107 001 000 000 521 20 31 00
808.14
SUPPLIES
INVOICE TOTAL
832.82
73166
10,639.15
10555 OGDEN MURPHY WALLACE
09/20/07 DO/00/00 660843 001 000 000 515 20 41 10
8,060.20
WAYNE TANAKA
INVOICE TOTAL
8,060.20
660860 001 000 000 515 20 41 10
2,578.95
OTHER MATTERS
INVOICE TOTAL
2,578.95
73167
217.80
10556 OIC EQUIPMENT INC
09/20/07 00/00/00 45007 001 000 000 51B 30 45 00
217.80
PW OFFICE TRAILER
INVOICE TOTAL
217.80
73168
10,122.20
10700 OTAK
09/20/07 00/00/00 B0768901 307 000 000 595 30 63 03
10,122.20
BEAACH PARK SHORELINE
INVOICE TOTAL
10,122.20
73169
26.47
11015 PACIFIC OFFICE AUTOMATION-13EAV 09/20/07 00/00/00 332407 001 000 000 521 20 46 00
26.47
BS5D7-POLICE COPIER
Cheek A otmt VENDOR
Nmnber NUMBER VENDOR NAME
73170
102.61
11020
PACIFIC TOPSOILS, INC
73171
42.87
=00
PETTY CASH
City of Medina
Claims Cheek Register
September 30, 2007
DATE DATE
73172
39.99
18154
PITNEY BOWES PURCHASE POWER
73173
3,262.71
18391
PRENTICE, WAYNE
73174
3D6.00
13404
PUBLIC STORAGE
73175 2,294.60 11700 PUGET SOUND ENERGY
ISSUED REDEEMED INVOICE NO. ACCOUNT NUMBER
INVOICE TOTAL
09/20/07 00/00/00 207937 001 000 000 576 80 41 04
TOPSOILS
INVOICE TOTAL
09/20/07 00/00/00 SEP-07 001 000 000 513 10 49 00
COKE MACHINE/POSTAGE
SEP-07 001 000 DOD 518 10 42 00
COKE MACHINE/POSTAGE
SEP'07 001 000 000 558 60 49 00
COKE MACHINE/POSTAGE
SEP107 001 000 000 521 20 42 00
COKE MACHINE/POSTAGE
INVOICE TOTAL
09/20/07 00/00/00 AUG'07 001 000 000 518 10 42 00
POSTAGE
INVOICE TOTAL
09/20/07 00/00/00 8/28/07-9115/07 001 000 000 558 60 41 06
BUILDING INSPECTOR
INVOICE TOTAL
09/20/07 00/00/00 UNIT 1121-OCT'07 001 000 000 518 30 45 00
STORAGE
INVOICE TOTAL
UNIT 1178-OCT'07 001 000 000 518 30 45 00
STORAGE
114VOICE TOTAL
09/20/07 00/00/00 SEP'07AA 101 000 000 542 63 41 00
ELECTRICITY
INVOICE TOTAL
SEP'07AB 101 000 000 542 63 41 00
ELECTRICITY
INVOICE TOTAL
SEP'07AC 001 000 000 518 10 47 00
ELECTRICITY
INVOICE TOTAL
SEP-07AD 001 000 000 576 BO 47 00
ELECTRICITY
INVOICE TOTAL,
SEP-07AB 001 000 DOD 576 80 47 00
ELECTRICITY
INVOICE TOTAL
PAGE 7
DISTRIBUTION
AMOUNT
26.47
102.81
102.81
1.00
21.40
1.00
19.47
42.87
39.99
39.99
3,262.71
3,262.71
157.00
157.00
149.00
149.00
1,582.90
1,582.90
16.63
16.63
581.39
581.39
106. 88
106-88
6.80
6.80
City of Medina
Claims Cheek Register
September 30, 2007
PAGE 8
Check
Amolmt
DISTRIBUTION
VENDOR
DATE
DATE
����..,,..__77��
N unber
NUMBER
VENDOR NAME
ISSUED
REDEEMED
INVOICE NO. ACCOUNT NUMBER
AMOUNT
73176
45.05
11820
QWEST
09/20/07
00/00/00
AUG-07-PW 001 000 000 576 80
42
00
45.05
FAX MACHINE
INVOICE TOTAL
45.05
73177
3,409.25
18271
RIVER OAKS COMMUNICATIONS CORP
09/20/07
00/00/00
7/18/07-9/4/07 001 000 000 515 20
41
60
3,409.25
CABLE REGULATIONS
INVOICE TOTAL
3,409.25
73178
31,166.14
12005
ROTH HILL ENGINEERING PARTNERS
09/20/07
DO/00/00
JUL'07 001 000 000 558 60
41
07
31,166.14
ENGINEERING CONSULTANT
INVOICE TOTAL
31,166.14
73179
225.11
12900
SEA-AIRE, INC
09/20/07.
00/00/00
44487 001 000 000 519 10
48
00
225-11
PREVENTATIVE MAINT13NANC
INVOICE TOTAL
225-11
73180
19.32
13350
SEATTLE TIMES, THE
09/20/07
00/00/00
D090800227 001 000 000 518 10
44
00
19.32
ADVERTISING
INVOICE TOTAL
19.32
73181
506.35
18255
SIMLAB-NET-CITY HALL
09/20/07
00/00/00
SEP'01 001 000 000 518 10
42
00
506.35
INTERNET & PHONES
INVOICE TOTAL
506.35
73182
160.25
18249
SIMLA13.NET-SHOP
09/20/07
00/00/00
SEP107 001 DOD 000 518 10
42
00
160-25
INTERNET & PHONES
INVOICE TOTAL
160.25
73183
1,000.00
12660
SOS DATA SERVICES INC
09/20/07
00/00/00
9/19/07 POSTAGE 001 000 000 518 10
42
00
1,000.00
PREPAY NEWSLETTER
INVOICE TOTAL
1,000.00
73184
41.35
18157
SPRINT - CITY OF INDUSTRY.
09/20/07
00/00/00
JUL24-AUG23'07 001 000 000 558 60
42
00
41.35
CELLULAR PHONE
INVOICE TOTAL
41-35
73185
119.03
13520
STAPLES BUSINESS ADVANTAGE
09/20/07
00/00/00
3099759448 001 000 000 518 10
31
00
48.36
SUPPLIES
INVOICE TOTAL
48.36
3090778061 001 000 000 518 10
31
00
70.67
SUPPLIES
INVOICE TOTAL
70 .67
73186
152.40
15203
UTILITIES UNDERGROUND LOCATION
09/20/07
00/00/00
7079352 001 000 000 576 80
47
00
60-00
EXCAVATION NOTIFICATION
INVOICE TOTAL
60.00
7089353 101 000 000 542 30
47
DO
92.40
EXCAVATION NOTIFICATION
INVOICE TOTAL
92.40
Cheek Amount VENDOR
Number NUMBER VENDOR NAME
73187 250.00 18410 VALDEZ, KARLIE
City of Medina
Claims Cheep Register
September 30, 2007
DATE DATE
ISSUED REDEEMED INVOICE NO. ACCOUNT NUMBER
09/20/07 00/00/00 GALIOS 001 000 000 512 50 41 20
ORDER OF CONTINUANCE
INVOICE TOTAL
73188 150.00 18368 VISION MUNICIPAL SOLUTIONS, LL 09/20/07 00/00/00 2007 CONF 001 000 000 514 10 43 00
BURDUE, JAN
INVOICE TOTAL
73189 1,590.43 13475 WA ST AUDITOR'S OFFICE 09/20/07 00/00/00 L66525 001 000 000 514 10 51 00
AUDIT OF 2006 REPORT
INVOICE TOTAL
73190
73191
73192
73193
73194
112.86 16156 WA ST DEPT OF INFORMATION 09/20/07 00/00/00 2007080201 001 000 000 518 90 48 00
S4.00 16109 WA ST DEPT OF LICENSING
48.00 16140 WA ST POLICE - I.D.
108.90 16151 WASHING MACHINE, INC
48.00 16145 WASHINGTON STATE PATROL
7319S 1,062.00 16146 WEDLUND, CAROLL
ACROBAT LICENSE & CD
INVOICE TOTAL
09/20/07 00/00/DD E621502-EWART 631 000 000 589 12 52 88
CONCEALED WEAPON
INVOICE TOTAL
E621505-HOOEY 631 000 000 589 12 52 88
CONCEALED WEAPON
INVOICE TOTAL
E621506-CLISE 631 000 000 589 12 52 88
CONCEALED WEAPON
INVOICE TOTAL
09/2D/07 00/00/00 B621503-MOORE 631 ODD 000 589 12 52 89
CNCEALED WEAPON
INVOICE TOTAL
E621504-HINTZE 631 000 000 589 12 52 89
CONCEALED WEAPON
INVOICE TOTAL
09/20/07 00/00/00 10138 001 000 000 521 20 32 00
POLICE AUTOMOBILES
INVOICE TOTAL
09/20/07 00/00/00 E621503-MOORS 631 000 000 589 12 52 89
CONCEALED WEAPON
INVOICE TOTAL
E621504-HINTZE 631 000 000 589 12 52 89
CONCEALED WEAPON
INVOICE TOTAL
09/20/07 00/00/00 AUG'07 001 000 000 521 20 41 00
CIVIL SERVICE EXAMINER
INVOICE TOTAL
PAGE 9
DISTRIBUTION
AMOUNT
250.00
250.00
150-00
150.00
1,590.43
1,590.43
112.86
112.86
18.00
18-00
18.00
18-00
18.00
18,00
24.00
24.00
24.00
24.00
108.90
108.90
24.00
24.00
24.00
24.00
1,062.00
1,062.00
City of Medina
Claims Check Register
September 30, 200
PAGE 10
Check
Amount
VENDOR DATE DATE
DISTRIBUTION
Number
NUMBER VENDOR NAME ISSUED REDEEMED INVOICE NO.
ACCOUNT NUMBER
AMOUNT
73196
400.00
18367 WEINBERG, MARK P. 09/20/07 00/00/00 SEP107A
001 000 000 513 10 49 01
350.00
AUTO ALLOWANCE
INVOICE TOTAL
350.00
SEPI07D
001 000 000 513 10 42 00
50.06
COMMUNICATION/WIRELESS
INVOICE TOTAL
50.00
73197
250.00
18197 WILLIS, JOE 09/20/07 00/00/00 SEP-07
001 000 000 576 80 43 00
250.00
AUTO ALLOWANCE
INVOICE TOTAL
250.00
73198
42.94
422 XO COMMUNICATION SERVICES-POLI 09/20/07 00/00/00 30267266
001 000 000 521 20 42 00
42.84
COMMUNICATIONS
INVOICE TOTAL
42.84
73199
34.90
18035 YAKIMA COUNTY DEPT OF CORRECTS 09/20/07 00/00/00 1ST QTR'07A
DO1 000 000 521 20 51 50
34.80
INMATE HOUSING CONTRACT
INVOICE TOTAL
34.80
73200
93,681.06
3708 DAY WIRELESS SYSTEMS 09/26/07 00/00/00 69256
001 000 000 525 60 64 11
89,286.94
POLYCOM SOUND STATION
INVOICE TOTAL
89,286.94
69258
001 000 OG0 525 60 64 11
4,394.12
RADIO CARD
INVOICE TOTAL
4,394.12
73201
3,231.65
18137 DELL MARKETING LP 09/26/07 00/00/00 XC59RPNIS
001 000 000 525 60 64 11
3,231.65
DELL COMPUTER
INVOICE TOTAL
3,231.65
73202
651.00
5270 FINANCIAL CONSULTANTS INT'L IN 09/26/07 00/00/00 8615
001 000 000 525 60 64 11
651.00
CONSOLE WALL MOUNT
INVOICE TOTAL
651.00
73203
.00
999999 VOIDED CHECK 09/26/07 09/26/07
VOIDED WARRANT
.00
INVOICE TOTAL
.00
73204
15,246.00
18411 WIDOWTHORN COMMUNICATIONS LLC 09/26/07 00/00/00 39
001 000 000 525 60 64 11
15,246.00
SATELLITE U141T
INVOICE TOTAL
15,246.00
73205
900.00
18330 RAMIREZ, ISMAEL GASTON 09/29/07 00/00/00 SEP'D7-MID MONTH 001 00O 000 521 20 11 00
9DO.00
MILITARY-IRAQ
INVOICE TOTAL
900,00
73206
2,205.60
18330 RAMIREZ, ISMAEL GASTON 09/30/07 00/00/00 SEP'07-MONTH END 001 000 000 521 20 11 00
2,205.60
MILITARY-IRAQ
INVOICE TOTAL
2,205.60
GRAND TOTAL 381,863.78
ITEM CA-4
CITY OF MEDINA
Office of the City Manager
Date: October 8, 2007
TO: MAYOR AND CITY COUNCIL
FROM: CITY MANAGER
SUBJECT: TAX AND LICENSE AUDIT AGREEMENT
RECOMMENDATION:
It is recommended that the Mayor and Council approve the attached Tax and License
Audit Agreement with Microflex, Inc of Seattle, Washington.
POLICY IMPLICATION:
Approval of this Agreement is consistent with the City's fiduciary duty to maximize the
collection of all taxes and fees to which they may be entitled under current state and local
law.
BACKGROUND:
Growing service demands, coupled with shrinking resources, require that local
governments maximize the collection of local taxes. The collection of sales and other taxes
require complex audits that are time consuming and require specialized skills. The process
is aided by sophisticated computer programs that compare numerous available databases
to determine reporting omissions and errors. Most local governments, particularly those with
limited finance staff, are unable to perform such audits and risk the loss of revenue.
Microflex, Inc. conducts local tax revenues to insure that counties, cities and towns
receive maximum amounts of taxes due, in accordance with their applicable tax laws.
Microflex has been in business for over 10 years and provides these services to over 40
Washington cities, including neighboring jurisdictions such as Bellevue, Kirkland, Mercer
Island, Newcastle and Redmond.
DISCUSSION:
Microflex, Inc. proposes to use a tax and license audit and discovery program to insure
the City is receiving all tax revenue to which they are entitled. Given the City's current local
tax structure, Microflex will focus on sales tax; however, the company's agreement template
includes the ability to audit other local taxes, should they be enacted at any time in the
future. Microflex, Inc will not advocate the imposition of local taxes, nor rate adjustments to
current of future taxes.
Microflex will: use computer technology to identify potential missing taxes; act as an
agent of the City in contacting outside agencies and businesses to determine if taxes are
due; will follow-up with the DOR, or businesses to insure voluntary compliance; will advise
ITEM CA-4
the City if voluntary compliance fails and legal action may need to be taken; and will provide
monthly reports showing the status of audits.
There are no fees for routine services under this Agreement. In cases of missing or
adjusted returns for existing sales tax accounts, Microflex is compensated 20% of the actual
amount of tax recovered. For new sales tax accounts discovered, 20% of all back taxes
collected and 20% of new taxes accrued for a period of one year after the account is
identified and begins reporting will be due. Similar fee schedules apply to other local taxes,
should they ever be imposed in Medina.
FISCAL IMPACT:
It is difficult to speculate on the potential revenue increase that can occur.
However, the City pays no fees to the vendor unless new or additional local tax revenues
are received; or, in rare cases, if special service requests are made (which are not
anticipated).
Prepared by: Mark F. Weinberg
Presented by: Mark F. Weinberg
Attachments: Agreement
CA-4
TAX AND LICENSE AUDIT AGREEMENT
THIS AGREEMENT is made by and between Microflex, Inc. a Washington State corporation
(hereinafter "Microflex") and The City of Medina (hereinafter "Client") the parties hereto. In
consideration of the covenants contained herein, the parties AGREE as follows:
Section 1: Scope of Work. Microflex will provide a tax and license audit and discovery program
in an attempt to recover additional tax and license revenue for Client. These services will include
the following items.
(a) Sales Tax: Microflex will perform the following sales tax services:
(1) Examine Client's sales tax distribution data to ensure that all returns are present for each
taxpayer and that there are no inappropriate adjustments or corrections.
(2) For each business license categorized as a retailing business, Microflex will ensure there
is sales tax reporting to the Client.
(3) Examine private party vehicle and boat sales to ensure use tax is properly allocated.
(b) Business Licenses: Microflex will look for new business licenses in the following ways:
(1) Cross match sales tax return files to Client business license files to ensure firms which
report retail sales to the Client are licensed.
(2) Cross match telephone business listings from the yellow pages and fire department
inspection reports (if available) to both sales tax information and Client business licenses
to ensure these firms are licensed.
(c) Utility Taxes and Franchise Fees: At the Client's request, Microflex will look for new
utility tax accounts in the following ways:
(1) Microflex will make sure the telephone utilities found when auditing sales tax are
reporting utility tax if applicable.
(2) Compare a master list of major telephone utilities and long distance/cellular resellers to
Client utility tax returns. Microflex will contact those it does not find and determine if they
conduct business in the Client's jurisdiction. If so, Microflex will provide them with
Client's ordinance and remittance forms and follow up until they begin reporting.
Microflex will pursue back taxes as appropriate.
(3) Microflex will perform compliance audits on utility company billing transactions to insure
they correctly include customers which live within the Client's jurisdiction when they
compute their utility tax and/or franchise fee payments.
(d) Microflex duties herein will be performed primarily using computer technology, and will be
in large part dependent on cooperation of the Client, including the Client supplying the
necessary data and resources requested by Microflex.
(e) Microflex will perform the following aspects of audits:
(1) Using computer technology to identify potential missing taxes.
(2) Act as an agent of the Client in contacting the appropriate business or state agency
to determine if taxes are due.
(3) Follow-up with the Department of Revenue or directly with the business on audit
exceptions where tax is due. If Microflex is unable to cause voluntary compliance, it
will notify the Client, which then may initiate legal action. Nothing herein requires
TAX AND LICENSE AUDIT AGREEMENT
Page 1
CA-4
Microflex to take formal collection action or litigation to collect back -taxes, license
revenues or other amounts which may be owing to Client.
(4) Provide monthly reports showing the status of the audit.
Section 2: Data to be supplied by Client. Client will provide Microflex within 20 days of request
the following data in a computer readable format:
(a) Business license or listing data including, at a minimum, name, address, phone number,
state UBI#, City/Client registration number, business license date and business type.
This download will be provided each month.
(b) Copies of the Client's last utility tax returns or a listing of names and addresses of all
private utilities which are paying the Client's utility tax.
Section 3: Client Responsibilities: The Client will provide Microflex with the following:
(a) Data described in Section 2 hereof.
(b) Copies of appropriate ordinances governing applicable taxes. Microflex may also obtain
this information from Client's website or other resources if available.
(c) Appropriate Client stationery supplies for mailings such as letterhead, windowed
envelopes and any forms used to sign up new business licenses. Microflex will create
correspondence relating to tax recovery/discovery or new business registrations.
(d) An accurate map, to scale, detailing and large enough to identify and clearly show the
Client's boundaries and jurisdiction (e.g., City limits).
(e) Any other information reasonably required from Client for Microflex to perform its duties.
Section 4: Audit Fees. Microflex will be compensated on a percentage of revenue recovered
basis as follows:
(a) Missing or adjusted returns for existing sales tax accounts -- 20% of the actual amount of
tax recovered.
(b) New sales tax accounts discovered -- 20% of all back taxes collected and 20% of new
taxes accrued for a period of one year after the account is identified and begins normal
reporting. This means twelve returns for monthly reporters, four returns for quarterly
reporters or one return for annual reporters. For example, if the first normal quarterly
return for an account discovered by Microflex includes only one month of taxes, then New
Revenue includes one month of the first quarter, the next three quarters, and two months
of the next quarter. A new account is defined as business which has never reported tax
to the Client or a business which has no location in the Client's jurisdiction and has not
reported tax to the Client within the last year.
(c) New business licenses discovered — 20% of the full year license fee with a minimum of
$15 per new business license discovered.
(d) Missing or adjusted returns for existing utility tax accounts and franchise fees -- 20% of
the actual amount of tax recovered. These are usually discovered through a utility
compliance audit.
TAX AND LICENSE AUDIT AGREEMENT
Page 2
CA-4
(e) New utility tax accounts and franchise fees discovered — 20% of all back taxes or fees
collected and 20% of new taxes or fees accrued for a period of one year after the account
is identified and begins normal reporting. This means 12 returns for monthly reporters, 4
returns for quarterly reporters or one return for annual reporters. For example, if the first
normal quarterly return for an account discovered by Microflex includes only one month
of taxes, then New Revenue includes one month of the first quarter, the next three
quarters, and two months of the fifth quarter. A new account is defined as one which has
never reported to the Client.
Section 5: Reimbursable Expenses. In addition to the Audit Fees previously specified, the Client
will reimburse Microflex for its reasonable costs associated with its auditing activities above and
beyond services specified elsewhere in the document. These include but are not necessarily
limited to postage and handling, photocopies and printing charges, faxes, and traveling expenses.
Section 6: Payment Terms. Invoices are generally submitted monthly to the Client and are due
within 20 days after receipt. Audit Fees are due upon the Client receiving the new revenue
discovered by Microflex. Past due amounts shall accrue interest at the rate of 12% per annum.
Section 7: Audit Termination. The audit services can be terminated with 30 days advance written
notice by either party. For new sales tax accounts and new utility tax accounts described in
Section 4(b) and (e) whose one year period extends beyond the termination of the audit, the
Client agrees to continue to identify revenue receipts and pay Microflex fees until the one year
period expires. Client shall provide to Microflex such necessary information and data to verify
Client's compliance regarding fees to be paid to Microflex after termination of its audit services.
Section 8: Confidentiality. In the course of fulfilling its responsibilities under this proposal,
Microflex may have access to confidential taxpayer information from various sources. Microflex
agrees not to disclose such information in any form to any party without the prior written consent
of the Client, or as may otherwise be required by legal process. Notwithstanding the above
provision, Client authorizes Microflex to distribute gross amounts collected on behalf of Client,
and Client referral contacts, for marketing and promotional purposes of Microflex.
Section 9: Indemnification. Microflex will indemnify and hold harmless the Client, its officers,
agents and employees from and against any and all liabilities, costs, damages, lawsuits, including
the cost of all reasonable attorney fees, to the extent of its negligent performance of Microflex's
responsibilities, but subject to the limitation of liability provisions elsewhere in this Agreement.
Section 10: No Guarantees/Limitation of Liability. Microflex will put forth its best efforts to identify
as much missing, unreported or under -reported tax and license revenue as possible, which will
depend on the Client's cooperation among Client's other duties herein. However, Microflex does
not guarantee that it will identify or recover 100% or any other percentage of missing or
uncollected tax, license or other revenue. In no event will Microflex be liable for its failure to
identify or collect missing or wrongfully reported taxes and license fees. Notwithstanding anything
herein to the contrary, Microflex's maximum liability under this Agreement for breach of contract
or any other legal theory alleged against it is the return of Audit Fees paid to it by Client, or the
sum of $25,000, whichever is less.
Section 11: Computer Software. Client agrees to execute Microflex's applicable software
licensing and/or other agreements should Microflex install its software on Client's computers.
Section 12: Notices. Notices may be addressed to the parties' representatives executing this
Agreement. A party may change its representative(s), or its address by written notice to the other
party. Notices may be hand delivered, or mailed with pre -paid postage, or faxed or emailed if
there is proof of receipt.
TAX AND LICENSE AUDIT AGREEMENT
Page 3
CA-4
Section 13: Law and Venue. This Agreement shall be governed by the laws of the State where
the Client is located, and venue of any matter arising out of this Agreement shall be maintained in
the County where the Client is located.
Section 14: Attorney Fees. Should legal action be necessary to enforce or interpret this
Agreement, the prevailing party shall be entitled to its reasonable fees, costs and expenses,
including expert witness fees.
Section 15: Severability. If any portion of this Agreement is invalid, the remaining portions shall
remain in full force and effect.
Section 16: Execution of Agreement. This Agreement may be executed and transmitted via
facsimile or other electronic means. This Agreement will become binding on the date of last
execution hereon. This Agreement may be executed in counter -parts, when both read together
the Agreement shall constitute one and the same agreement. The person signing this Agreement
represents that he or she has full and proper authority to do so and to bind the party which they
are representing.
Section 17: No construing Against Drafter. This Agreement in its finalized form is the result of
the combined efforts of the parties, and any rule of construction that ambiguities are to be
construed against the drafting party, shall not apply.
Section 18: Complete Agreement. This document contains the full Agreement between the
parties, and supercedes all prior representations and promises with respect to the subject matter
of this Agreement. This Agreement may only be changed by a signed writing by the parties.
Microflex, Inc.
2201 SW 152"d Street
Seattle, Washington 98166
DATE:
By:
John Smutny
TAX AND LICENSE AUDIT AGREEMENT
Page 4
City of Medina
501 Evergreen Point Road
Medina WA 98039
DATE:
LO
Title:
Approved as to Form:
By:
Name:
Title:
ITEM CA- 5
CITY OF MEDINA
Office of the City Manager
October 3, 2007
TO: MAYOR AND CITY COUNCIL
FROM: CITY MANAGER
RE: BUILDING CODE ADOPTION
Note: The attached ordinance adopts the updated International Building Code along with a set
of local amendments. The local amendments are identical to the set of local amendments
approved by the Medina City Council at their June 11, 2007 meeting. The City Council is only
being asked to take this new action to adhere to new adoption process set by the State Building
Code Council as explained in the topic cover sheet.
City of Medina
AGENDA STATEMENT
AGENDA ITEM TITLE:
MEETING DATE:
DATE THIS ITEM WAS LAST
CONSIDERED BY COUNCIL:
Building Code Update
September 24, 2007
June 11, 2007
ITEM CA-5
SUMMARY OF ISSUE/TOPIC: This item represents an alternative
procedure to adopting the updated State Building Code.
COMMISSION RECOMMENDATION:
❑ APPROVE ❑ DISAPPROVE ❑ SEE COMMENTS ® N/A
CITY MANAGER:
® APPROVE ❑ DISAPPROVE ❑ SEE COMMENTS ❑ N/A
COMMENTS: This topic is returning to the City Council because the
State Building Code Council changed the procedure for local adoption of
the State Building Code when local amendments are involved. As a result,
a new ordinance is required that clarifies the two stages of adoption for the
City. The first stage is to immediately adopt the updated state building
code along with all non -substantive local amendments and the previously -
adopted fire sprinkler amendment. This is done in Section 2 of the
attached ordinance. The second stage is to adopt the newly -proposed fire
sprinkler local amendment if and when the State Building Code Council
approves it. This is done in Section 3 of the attached ordinance. This two -
stage process for implementing the ordinance is reiterated in Section 7.
Also in response to the State Building Code Council, a set of findings in
support of the new local amendment for fire sprinklers are included
(Section 4 of the ordinance.)
❑ No Action Requested ® Action Requested
ATTACHMENTS: Draft Ordinance.
BUDGET/FISCAL IMPACT: EXPENDITURE REQUIRED: $0
❑ BUDGETED ❑ NON -BUDGETED FUND: ❑ M N/A
RECOMMENDED MOTION: (ADOPT/APPROVE/AUTHORIZE)
1. 1 move to adopt the draft ordinance prepared by staff.
If Council Members have questions, you are urged to call the staff person who prepared this agenda
statement prior to the council meeting.
P.12007 Agenda PacketsM0820071CA-5, building code update, cover form.doc
ITEM CA-5a
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MEDINA AMENDING CHAPTER
15.04 OF THE MEDINA MUNICIPAL CODE RELATING TO THE
STATE BUILDING CODE, ADOPTING STATE BUILDING CODE
PROVISIONS AND AMENDMENTS THERETO; AMENDING SECTIONS
2.78.070 AND 14.04.070 TO REMOVE REFERENCES TO THE UNIFORM
BUILDING CODE; REPEALING SECTION 17.84.050 PERTAINING TO
FENCING; AND ESTABLISHING EFFECTIVE DATE.
WHEREAS, pursuant to RCW 19.27.031, the City is required to adopt the provisions of
the State Building Code; and
WHEREAS, recent amendments to the State Building Code became effective July 1,
2007; and
WHEREAS, the City wishes to adopt the amendments to the State Building Code, along
with other building -related code provisions; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Previous City Council Action Repealed. On June 11, 2007 the Medina
City Council adopted the State Building Code as updated with the 2006 editions of the building -
related codes that are published by the International Code Council (ICC). The City Council
simultaneously adopted a new set of local amendments to the State Building Code. These
included administrative amendments and one substantive amendment relating to fire sprinklers.
The entire ordinance was to have a delayed effective date. It was to become effective upon the
State Building Code Council's review and approval of the local amendments. Upon consultation
with the State Building Code Council, an alternative adoption process is being undertaken by the
City at this time as reflected in Sections 2, 3 and 4 of this ordinance. Therefore, the ordinance
passed by the City Council on June 11, 2007 is hereby repealed.
Section 2. Updated State Building Code Adopted with Previously — Adopted
Amendment for Fire Sprinklers. [A] ]
Section 2A. State Building Code. Section 15.04.010 of the Medina Municipal Code
is hereby amended to read as follows:
15.04.010 State building code adopted.
All construction activity and construction materials in the city shall be
governed by the State Building Code as adopted in Chapter 96, Laws of 1974, as
updated by the State Building Code Council on November 17, 2006, to include
the 2006 editions of the International Code Council (ICC) building, mechanical,
and fire codes, and the 2006 edition of the Uniform Plumbing Code and the
Uniform Plumbing Code Standards, published by the International Association
Ordinance No.
ITEM CA-5a
of Plumbing and Mechanical Officials (IAPMO). Also adopted are the most
current editions of NFPA 54 and 58 (International Fuel Gas Code). All codes
referenced in this State legislation are hereby adopted by reference and included
as if set forth herein in their entirety. This adoption shall include all other related
codes, standards, and amendments to the referenced codes promulgated by the
State Building Code Council.
Section 2B. International Building Code - Section 101.2, Exception 1, Amended.
Section 15.04.015 of the Medina Municipal Code is hereby repealed in its entirety.
Section 2C. International Residential Code - Appendix G. Subsection 15.04.020.13
of the Medina Municipal Code is hereby amended to read as follows:
B. Appendix G, as may be amended from time to time, of the International
Residential Code is hereby adopted by reference and included as if set forth
herein in its entirety. All administrative and enforcement provisions of the IRC
shall apply to Appendix G in the same manner that they apply to other elements
of the IRC.
Section 2D. Certificate of Occupancy. A new Section 15.04.042 is hereby added to
the Medina Municipal Code to read as follows:
15.04.042 Certificate of Occupancy.
When a series of related permits, such as grading, drainage, tree mitigation,
swimming pool, fencing, or permits for separate accessory buildings, are issued
in conjunction with a building permit for the renovation, reconstruction, or new
construction of a residence, the Certificate of Occupancy for the residence shall
not be issued until all regulated work under all related permits and all work
included in the scope of work identified in the City's Construction Mitigation
review has been completed, inspected, and approved.
Section 2E. Temporary Certificate of Occupancy. A new Section 15.04.043 is
hereby added to the Medina Municipal Code to read as follows:
15.04.043 Temporary Certificate of Occupancy.
When there are one or more unapproved revisions or additions to the scope of
work, or when the work remaining to be completed on any project is substantial,
as determined by the Building Official, or when the work on the residence, or on
any related permits, has stopped or has been suspended for any reason for a
period of at least 180 days, the Building Official may require the owner to post a
performance bond with the City prior to issuing a Temporary Certificate of
Occupancy. The amount of the bond shall be determined by the scope and the
nature of the unfinished work. The performance bond shall be in the form of a
cash deposit or a set -aside agreement with the institution funding the project.
Ordinance No. 2
ITEM CA-5a
Section 2F. Relationship of International Building Code and International
Residential Code. A new Section 15.04.015 is hereby added to the Medina Municipal Code to
read as follows:
15.04.015 International Building Code — Section 101.2, Exception 1,
amended.
Exception 1 of Section 101.2 of the International Building Code is hereby
amended to read as follows:
1. New and reconstructed detached one and two-family dwellings not more than three
stories in height or 3,000 square feet or less in area, and additions or remodel activity that.
does not exceed 25% of the value of the existing structure may be constructed using the
provisions of the International Residential Code (IRC), as amended by the State Building
Code Council. All buildings and additions to buildings constructed under the IRC shall
comply with the code provisions in the International Fire Code, the State Energy Code,
the State Ventilation and Indoor Air Quality Code, and the Uniform Plumbing Code and
Standards.
Section 2G. Handrail Exemption. Section 15.04.050 of the Medina Municipal Code
is hereby repealed in its entirety.
Section 2H. Fencin . Section 17.84.050 of the Medina Municipal Code is hereby
repealed in its entirety.
Section 2I. Hearing Examiner Duties. Subsection 2.78.070.A of the Medina
Municipal Code is hereby amended to read as follows:
A. Appeals of administrative decisions/determinations, including but not
limited to SEPA determinations, lot line adjustments, short subdivisions,
administrative interpretations, code enforcement and any other decisions
affecting a landowner's ability to develop property within the city;
Section 2J. Administrative Processing, Appeals. Subsection 14.04.070.A of the
Medina Municipal Code is hereby amended to read as follows:
A. The following project permit applications are processed administratively
by the city. Any person aggrieved by an administrative decision granting,
denying, modifying or limited a project permit application may appeal such
decision to the hearing examiner.
1. Building permits;
2. Administrative variances;
3. Lot line adjustments;
4. Short plats;
5. Grading and drainage permits; and
6. Mechanical permits.
Ordinance No. 3
ITEM CA-5a
Section 3. Previously -Adopted Local Amendment for Fire Sprinklers to Be
Replaced with New Local Amendment for Fire Sprinklers in Future.
A new Section 15.04.044 is hereby added to the Medina Municipal Code to read as follows:
15.04.044 International Residential Code - Fire Sprinklers.
A new Section R328 is hereby added to the International Residential Code to
read as follows:
R328 Fire Sprinklers.
R328.1 General. All new residences and all residences that are modified by an
addition or a renovation and such addition or renovation constitutes
reconstruction as defined in MMC 17.12.010 shall have fire sprinklers installed
throughout.
Exception: New residences that are less than 4,500 square feet in total
floor area, or existing residences that are added to or renovated, regardless
of designation as reconstruction, provided the access, fire flow, and
hydrant location are determined to be adequate and approved by the Fire
Marshal.
R328.2 Automatic fire sprinkler systems in one -and two-family dwellings shall
be installed throughout, including an attached garage, in accordance with NFPA
13R or 13D, as amended by the City of Bellevue Fire Marshal.
R328.3 All water supply, hose connections, monitoring devices, fire department
connections, and fire department access for fire sprinklers shall be installed in
accordance with the requirements of the City of Bellevue Fire Department.
Section 4. (Not Codified) City Council Adopts Findings in Support of
Proposed New Local Amendement for Fire Sprinkers. The City Council, upon considering
the issue, adopts the following findings as justification for the requested change set forth in
Section 3, above. This Section 4 shall not be codified:
A. The water purveyor for the City of Medina is the Bellevue Water Utility. The City of
Bellevue's Water Comprehensive Plan sets forth a goal of providing a minimum of 1,000
gallons per minute (gpm) of fire flow throughout the distribution system.
B. The existing water distribution system within the City of Medina was installed in the
1950's & 1960's, and was sized to meet the fire protection and domestic service
requirements at that time.
C. The existing water distribution system within the City of Medina is capable of delivering
fire flow in the range of 2-3,000 gpm on NE 12t' Street, on NE 241h Street, and in several
short, isolated segments of the water line that are served by mains in two directions. The
balance of the available fire flow ranges from 400 to 1800 gpm.
D. The total number of permits for new residences in the last three years was 56 units. Based
on a random sampling of 16 new residences permitted in this time frame, the average new
home has 5,552 square feet of floor space. This is based on a range of 3,875 sf to 7,250 sf
Ordinance No.
ITEM CA-5a
E. Table B 105.1 of the International Fire Code, as adopted by the City of Medina, requires a
minimum of 1,500 gpm fire flow for new residences with a floor area equal to or less than
3,600 s£ This fire flow requirement increases in steps, so that a residence with more than
6,000 sf would require a minimum of 2,250 gpm.
F. Because of the limited fire flow available, and the large size of the houses being
constructed, 8 1 % of the houses sampled were required to install fire sprinklers because the
fire flow was not adequate to serve the area of the house. The balance of the houses were
required to install fire sprinklers because of the code amendment adopted when the 2003
editions of the International Codes were adopted.
G. The City Council of the City of Medina adopted an amendment to the International Codes
in June of 2004 to regulate the construction of new residences of 3,000 sf and larger under
the International Building Code, which automatically made fire sprinklers a requirement in
virtually all new residences. The Building Code Council approved this amendment.
H. The preponderance of large new homes in relation to the low available fire flow indicates a
need for fire sprinklers to improve the fire fighting capability that is unique to the City of
Medina.
I. The proposed amendment to require fire sprinklers in new single family residences that are
built with more than 4,500 sf of floor area is deemed necessary by the City Council, and is
more restrictive than the original language in the International Residential Code. This
amendment would replace the 2004 amendment, and provide a more direct and obvious
requirement.
Section 5. Copies on File. Pursuant to RCW 35A.12.140, one copy of the above -
referenced codes shall be on file in the office of the Building Department for use and
examination by the public.
Section 6. Severability. If any section, sentence, clause or phrase of this ordinance
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 ordinance.
Section 7. Effective Date. All sections of this ordinance except for Section 3 shall be
in full force 5 days after publication of a legal notice. Section 3 shall be in full force after its
approval by the Building Code Council of the State of Washington. Upon Section 3 being
effective, then Section 15.04.015 shall be repealed[A2].
PASSED by the City Council and APPROVED by the Mayor of the City of Medina,
Washington, at a regular meeting thereof held this 24 day of September, 2007.
CITY OF MEDINA, WASHINGTON
Miles R. Adam, Mayor
Ordinance No.
ITEM CA-5a
ATTEST:
City Clerk, Rachel Baker
APPROVED AS TO FORM:
OFFICE OF CITY ATTORNEY
Wayne D. Tanaka, City Attorney
Passed:
Published:
Effective Date:
Ordinance No.
ITEM CA-5a
SUMMARY OF ORDINANCE NO. _
of the City of Medina, Washington
On , 2007, the City Council of the City of Medina, Washington, adopted
Ordinance No. , the main points of which are summarized by its title as follows:
AN ORDINANCE OF THE CITY OF MEDINA AMENDING CHAPTER 15.04 OF THE
MEDINA MUNICIPAL CODE RELATING TO THE STATE BUILDING CODE,
ADOPTING STATE BUILDING CODE PROVISIONS AND AMENDMENTS
THERETO; AMENDING SECTIONS 2.78.070 AND 14.04.070 TO REMOVE
REFERENCES TO THE UNIFORM BUILDING CODE; REPEALING SECTION
17.84.050 PERTAINING TO FENCING; AND ESTABLISHING EFFECTIVE DATE.
The full text of this ordinance will be mailed upon request.
APPROVED by the City Council at their meeting of , 2007.
Rachel Baker, City Clerk
Ordinance No. 7
HY
AAULtACE
6jDEN
P. 1- L. C.
.ATTORN EYS AT LAW
MEMORANDUM
DATE: August 7, 2007
TO: Mayor Miles Adam
Medina City Council
City of Medina
CC: Mark Weinberg, City Manager
Joseph Gellings, Director Development Services
City of Medina
FROM: Wayne D. Tanaka, Office of the City Attorney
RE: Green Store Resolution
Staff has prepared a proposed set of findings and conclusions regarding the City Council's
decision on Mrs. Lee's application to add office use to the Green Store.
WDT:gjz
A Member of the International Lawyers Network with independent member law firms worldwide
1601 Fifth Avenue, Suite 2100 • Seattle, WA 98101-1686 • 206.447.7000 • Fax: 206.447.0215 • Web: www.omwlaw.com
ITEM CM-1
ITEM CM-1
CITY OF MEDINA
RESOLUTION NO. XXX
DENYING A HISTORIC USE PERMIT REVISION FOR THE MEDINA GREEN
STORE AND ADOPTING FINDINGS OF FACT AND CONCLUSIONS.
WHEREAS, Mrs. Hae Lee is owner of the Medina Green Store located on
Evergreen Point Drive and NE 8th, and
WHEREAS, Mrs. Lee has applied for a revision to her historic use permit for the
Green Store to allow commercial office and storage uses, and
WHEREAS, the Planning Commission held an open record hearing to consider
the application and has made a recommendation to the City Council and adopted
findings of fact and conclusions and
WHEREAS, the City Council considered the Planning Commission's
recommendation at the July 23, 2007 City Council meeting and directed staff to
prepare a Resolution which denied the requested revision, now therefore,
THE MEDINA CITY COUNCIL HEREBY MAKES THE FOLLOWING FINDINGS,
CONCLUSIONS AND DECISION AS FOLLOWS:
1. The applicant is requesting a Historical Use Permit to modify the
previously -approved uses (HUP 2003-01) associated with the "Medina
Store" project. This permit allows a total of 3979 square feet for revenue
producing floor area.
2. The upper floor (1468 square feet), which was previously approved for
storage leasing and storage / bookkeeping in support of the market, is
now proposed for leaseable office space.
3. The eastern portion of the main floor (695 square feet) is proposed for the
additional use of commercial office space in addition to the uses allowed
by HUP 2003-01.
4. The eastern portion of the basement, which was previously approved for
storage and bookkeeping in support of the market, is now proposed for
storage accessory to the commercial office spaces.
5. The former Medina Store retail establishment was in operation from 1910
to 2000. While there were a variety of incidental and associated uses on
the property over the years, the main activity was a grocery store.
Sometime prior to Medina's incorporation a small post office occupied the
Resolution No. XXX
ITEM CM-1
eastern portion of the first floor. The property has never been leased or
used for office uses as a doctor, lawyer, accountant, real estate sales or
other independent, commercial enterprises. The City was incorporated in
1955.
6. The applicant's traffic engineer has testified that the additional traffic
generation from the additional uses proposed will be 10 trips a day and
the peak hour will increase by two trip per hour which he characterizes as
insignificant. The engineer also estimated the maximum peak parking will
increase by 4 parking stalls and the available parking is sufficient for the
expected parking demand with the two additional stalls proposed in the
application.
7. Neighbors to the project have testified that the increased traffic and
increased parking demands will have an adverse impact on their property
due to the increased noise and other impacts from the proposal. The
neighbors also disputed the availability of street parking for the store due
to beach park users, residents and the post office.
8. The Council concludes that the proposed revision does not meet the
criteria for approval set forth in MMC Section 17.56A.030 in several
respects.
9. MMC Section 17.20.010(G) states that "historical uses are limited to
nonresidential uses which were in existence at the date of incorporation of
the city. Historical uses shall not be allowed on any lot where the use was
not operated at the date of incorporation of the city."
10. Other than the grocery, the only other commercial use of the property at
the date of incorporation was as a small post office. While this is a
commercial use, it is not an commercial office use that is contemplated by
the applicant's proposal. Moreover, the historic use of the property was as
a grocery store with some incidental uses. Under the proposal it is
possible for the store to have a total of 2163 square feet used for
commercial office space, out of a total 3979 square feet of revenue
producing floor area. This would convert the majority of the revenue
producing floor area from a grocery store to commercial office space. This
is not in keeping with the historical character of this property.
11. The applicant's analysis of the traffic and parking impacts from the
proposal was focused on the incremental effects of the change which
were characterized as insignificant. The cumulative effects of the traffic
and parking from all uses on the property must properly be considered.
12. The City Council had previously approved HUP 2003-01 in 2003 after a
lengthy and often contentious process. That approval was a careful
balance of the rights of all, including Mrs. Lee, the neighbors as well as
Resolution No. XXX
ITEM CM-1
the citizens at large. The extent of retail use approved was as requested
by Mrs. Lee and fit the historical character of the Green Store.
13. The requested expansion of allowed uses, together with the impacts from
the prior approved uses will cause material detrimental effects on the
neighbors and the increased retail use is not in keeping with the historical
uses of the property.
14. For the above reasons, the request is denied.
PASSED BY THE CITY COUNCIL THIS DAY OF , 2007,
AND SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE DAY
OF , 2007.
Miles R. Adam, Mayor
Approved as to form:
Wayne D. Tanaka, City Attorney
Attest:
Rachel Baker, City Clerk
Resolution No. XXX
ITEM CM-2
MEMORANDUM
DATE: October 2, 2007
TO: Mayor, Members of the City Council
CC: City Manager
Planning Director
FROM: Wayne Tanaka
RE: View and Sunlight Ordinance
Here is a redlined version of the View and Sunlight Ordinance with certain revisions added since
the last Council meeting. Changes from the previous version include eliminating Section I (I)
and adding similar language as the first sentence of Section 1, changing the word `should' in
Section 6 to `may', and correcting the garbled paragraph 3 in Section 11. I also eliminated the
last sentence in Section 15 and added it to the first sentence in Section 1.
Other changes considered but not included were the height of hedges and attorneys fees. The
Manager has indicated that the provisions on limiting the height of hedges and other vegetation
would be the subject of a separate ordinance. With regard to the attorneys fees provision, I
believe a city lacks authority to impose such a requirement. In the United States the general rule
is that each party bears the cost of his/her attorney. There are exceptions, including statutes that
provide that the losing side pays the other side's attorneys fees. The state has enacted a number
of these statutes. However, a brief review has indicated that none of these statutes has been
enacted by other than the legislature. Fee shifting statutes are designed to promote or protect
certain interests that are deemed to be of statewide importance. While cities have broad powers,
they are only to be exercised for local matters. If cities and counties were to have the ability to
enact fee shifting statutes, the uniformity would be lessened. In addition, some Council
Members had commented on the `coercive' effect of the ordinance on people who are being
asked to trim their trees. Adding an attorneys fee provision would certainly add to the possible
expense that may be incurred by such a party and would certainly `up the ante' for someone to
resist the mediation and arbitration provisions in the ordinance.
WDT
{wDT671705.DOC;1 J00093.150016/}
ITEM CM-2
CITY OF MEDINA
ORDINANCE NO.
AN ORDINANCE RELATING TO VIEW AND SUNLIGHT
OBSTRUCTION AND PROVIDING A MECHANISM FOR
THE ORDERLI' RESOIA.j'ION Ov DISPUTES
INVOLVING PRESERVING AND ENHANCING VIEWS
AND ACCESS TO SUNLIGHT.
NOW' '141FR FORE; THE CITY COUNCIL OF THE CITY OF MEDINA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. Purpose and Findings. This Ordinance is enacted to provide a voluntary
mechanism for the resolution of disputes involving preserving and enhancing views and access
to sunlight between Medina neighbors. It should not be construed to provide rights beyond those
entitled under Washington law. The City has no right or obligation of the City to enforce any of
the provisions in Sections 3-15 of this Ordinance. This ordinance is enacted in recognition of the
importance of views and sunlight to properties within the City of Medina and to provide a fair
and structured mechanism for resolving disputes relating to views and sunlight. The Medina
Comprehensive Plan recognizes the importance of views and access to sunlight as well as the
importance of preservation of trees and other vegetation. This ordinance is based upon the
following findings which are adopted by the City Council of Medina following extensive study
and public input from multiple public hearings.
A. Among the features that contribute to the attractiveness and livability of the City
of Medina are its trees, both native and introduced, and the views obtained from a variety of
elevations throughout the City.
B. Trees, whether growing singly, in woodland settings, provide a wide
psychological and tangible benefits visitors. Trees contribute to the modifying temperatures and
winds, clusters or in variety of significant for both residents and natural environment by
replenishing oxygen to the atmosphere and water to the soil, controlling soil erosion, and
providing wildlife habitat. Trees contribute to the visual environment by providing scale, color,
silhouette and mass, by creating visual screens and buffers to separate structures, and by
promoting individual privacy. Trees contribute to the economic environment of the City by
stabilizing property values and reducing the need for surface drainage systems. Trees contribute
to the cultural environment by becoming living landmarks of the city's history and providing a
critical element of nature in the midst of urban development.
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1
ITEM CM-2
C. Views also produce a variety of significant and tangible benefits for both residents
and visitors to the City. Views contribute to the economic environment by substantially
enhancing property values. Views contribute to the visual environment by providing inspiring
panoramic vistas. Views of attractive subjects with significant horizontal expanse add substantial
value to real property. Such views are considered significant in adding to the value of real
property by the King County Assessor. Access to plentiful sunlight enhances livability and
promotes the general welfare of the entire community.
D. Trees, views and access to sunlight and the benefits to be derived from each, may
come into conflict. Tree planting locations and species selections may produce both intended
beneficial effects on the property where they are planted, and unintended deleterious effects on
neighboring properties. Trees may block light, cause the growth of mess, harbor plant disease,
retard the growth of grass and interfere with the enjoyment of views and sunlight, leading to the
lessening of property values.
E. With appropriate safeguards requiring consideration of all the factors set forth
herein, affected property owners requesting view or sunlight access improvement can be given
substantial relief without u-rK{ infringing upon the rights of the owners of properties containing
trees.
cl-rl,-iriTce- "-ii'N=i*o? is in the interest of the public
welfare, health and safety to establish standards for the resolution of view and sun obstruction
elainis claims djffl22jes-and to establish a structure for resolution of such e1tiiiiis-claims d
which will provide a reasonable balance between the values of tree O. ownership and view and
sunlight related values.
G. When a view or sunlight obstruction dispute arises, the parties should act
reasonably to resolve the dispute through friendly communication, thoughtful negotiation,
compromise and other traditional means. Those disputes which are not resolved through such
means may be resolved by following the procedures established herein.
H. It is the intent of the City that the provisions of this ordinance receive thoughtful
and reasonable application. It is not the intent of the City to encourage clear -cutting or
substantial denuding of any property of its trees by overzealous application of the provisions of
this ordinance.
SECTION 2. Definitions. The definitions contained in chapter 17.12 of the Medina Municipal
Code shall apply to this Chapter except that the definitions of this section shall apply in the case
of any conflict with the definitions in
chapter 17.12.
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2
ITEM CM-2
A. "Complainant" means a complaining property owner in the City of Medina who
alleges that trees located on the property of another are causing an unreasonable obstruction of
pre-existing views or sunlight.
B. "Owner" means any individual, firm, partnership, corporation, trust or other legal
entity owning property in the City of Medina.
C. "Tree" means a woody perennial plant which usually, but not necessarily, has a
single trunk and a height of fifteen feet or more, or has a diameter of five inches measured one
foot above the root crown; references herein to "tree" shall include the plural. "Tree" shall also
include any plant material or shrubbery planted or growing in a dense continuous line twenty feet
in length or longer so as to form a thicket or naturally grown fence with an average height in
excess of eight feet.
D. "Historic tree" means any tree whose age precedes the incorporation of Medina in
1955.
E. "Tree owner" means the record owner of the real property on which a tree is
located.
F. "View" means an actual or potential vista.
G. "Significant view" means an actual or potential vista observable from within a
primary living or entertaining area of a residence which has a significant horizontal expanse and
which includes a vista of the surface of Lake Washington, the opposite shore of Lake
Washington, Mercer Island, a bridge, the Olympic or Cascade Mountains, Mount Rainier, the
golf course or the skylines of Seattle or Bellevue.
H. "Substantial deprivation of sunlight" means the loss of a substantial portion of
direct or indirect sunlight in a primary living or entertaining area or in a significant portion of the
complainant's real property.
1. "Primary living or entertaining area" means an area located between the exterior
walls of a residence from which a view is observed most often by the occupants relative to other
portions of the residence. The determination of primary living or entertaining area is to be made
on a case -by -case basis.
J. "Dense Screening" means trees which are planted or growing closely together
which combine to block views or obstruct access to sunlight.
K. "Objective Evaluation" means an evaluation based upon the values assigned to
tree ownership, views and access to sunlight by reasonable persons in the community as opposed
to the views of individual parties.
L. "Windowing" means a form of thinning by which openings or "windows" are
created to restore views or sunlight.
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3
ITEM CM-2
SECTION 3. Rights Established. A person shall have the right to use the processes set forth
in this Ordinance and to-pfe-,e = --seek to preserve and restoreatien-of views or sunlight
which existed at any time since he or shethey purchased or occupied a property, when such
views or sunlight are from the primary living or entertainment area and have subsequently been
unreasonably obstructed by the growth of trees.
in order- to establish suGh rights pur-suant to this efdina-aee, the per -son most fellow the PFOGess
established iff this or-dinanse. In addition to the rights described in this section, private' parties
have the right to seek remedial action for imminent danger caused by trees.
All persons are advised that trees which are located within public rights -of -way are governed by
Medina Municipal Code Chapter 12.20 and that properties undergoing development are subject
to the tree preservation and landscaping requirements of Medina Municipal Code Chapter 12.28.
SECTION 4. Unreasonable Obstruction— Proh61)*te 1, Nuisance. shall ^ki+u=
liv
. , 1 .tt,.,ih.E t+# �a}t?�a� t t �'i Frr?11�
The unreasonable obstruction of views or sunlight by planting, uncontrolled growth or
maintenance of trees satisfying the minimum rcquircnlcnts for relief in Section 5 A of this
ordinance constitutes a private nuisance subject to redress _asprov idcd ir1 this orclina_ncc. If a
person shall plant maintain or permit to grow any tree which unreasonably obstructs the view
from or sunlight reaching the primary living or entertainment area of any other parcel of property
within the City of Medina as set forth in Section 5 below, then a complainant shall have the
rights set forth in this Ordinance.
SECTION 5. City Guidelines Concerning Restorative Action.
A. Minimum Requirements. No complainant shall be entitled to seek restorative
action unless the complainant meets one of the following minimum criteria:
(1) If the application is based on loss of view: that the claimant has a
significant view as defined herein or has had a significant view at some time since purchasing the
property; that the tree alleged to be interfering with a significant view is located within three
hundred feet (300) of the exterior wall of a primary living or entertaining area from which the
significant view could be seen; and that more than sixty percent (60%) of the horizontal expanse
of that portion of the view which is seen over the property of the tree owner is obscured by trees
or structures located on the tree owner's property.
(2) If the application is based on interference with access to sunlight: that the
claimant suffers from a substantial deprivation of access to sunlight which had existed at some
time subsequent to purchasing the property; and that the tree allegedly causing the substantial
deprivation of sunlight is located within fifty feet (50) of the complainant's property line.
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4
ITEM CM-2
B. Additional Elements for Consideration. No claimant shall be entitled to seek
restorative action unless the claimant's view or access to sunlight is unreasonably obstructed
based upon an objective evaluation. In determining whether view or access to sunlight is
unreasonably obstructed, the following guidelines, if relevant, shall be considered:
(1) The extent of the alleged. view obstruction, expressed as percentage
calculated by means of a or both; of the total view, and survey or by photographs
(2) The extent to which one or more of the unique view features described in
Section 2 G are obstructed;
(3) The extent to which the tree causes shade, reducing access to sunlight;
(4) The extent to which the tree provides benefits to the tree owner or others
including but not limited to visual screening, wildlife habitat, soil stability (as measured by soil
structure, degree of slope and extent of root system), energy conservation and/or climate control;
(5) The extent to which the tree affects neighboring vegetation.
(6) The visual quality of the tree, including but not limited to species
characteristics, size, form, texture, color, vigor, location and other tree -factors, including such
items as indigenous tree species, specimen tree quality and rare tree species.
(7) The extent to which the provisions of MMC Chapter 18.12
(environmentally sensitive areas) and of MMC Chapter 12.28 (tree preservation and landscaping
requirements during development) may be inconsistent with any portion of the relief requested.
(8) The extent to which the proposed action may have an adverse affect on the
health or stability of other trees.
SECTION 6. Obiective Criteria to Govern. In determining whether relief shsti4m-ay_be
granted, the objective criteria set forth in this ordinance shall govern. ' !e - ei '•* hafl I 1�
athie;;mcn*s of *"e pasty. No party shall be entitled to an
unobstructed view. l,. „ht .• .,* L.t; i ;,l I' ,,,.h l,_�„ t,,. F-» 'th F�,.,r,t
SECTION 7. Methods of Relief. Methods of relief that may be granted include pruning,
thinning, windowing, topping, or removal of the tree.
SECTION 8. Limitations on Relief. Any relief which mawgranted shall be limited by the
following standards:
A. No relief shall be granted unless the relief will substantially improve a significant
view or access to sunlight.
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5
ITEM CM-2
B. Only the least invasive procedure which would grant reasonable relief can be
required.
C. Removal will not be required unless pruning, or topping would not provide
adequate relief.
D. If removal or topping are required, on the request of the tree owner, the tree shall
be replaced at the complainant's expense. The replacement tree shall be chosen by the tree owner
from a list of trees established by the City which will not cause a reoccurrence of the
unreasonable obstruction.
E. If one or more methods of relief would provide reasonable relief to the
complainant, the reasonable desires of the tree owner shall govern.
SECTION 9. Limitations on Pruning. All pruning ordered to be performed will conform to
the following limitations:
A. No more than one third (1/3) of the tree canopy shall be removed during any
growing season.
B. If the tree canopy is raised, removal of the lower branches shall not exceed twenty
five percent (25%) of the total tree canopy.
C. In pruning to reduce the height of a tree, all cuts shall be made to strong laterals or
to the parent limb. Whenever possible, limbs shall be cut back to laterals that are at least one
third (1/3) the size of the parent limb.
D. Pruning shall be evenly distributed throughout a tree's canopy.
E. When appropriate based on the genus of the tree, pruning shall be performed only
during the horticulturally approved times.
F. In addition to the standards set forth herein, pruning shall comply with guidelines
for pruning established by the National Arborist Association.
SECTION 10. Process for Resolution of Obstruction Disputes. The following process shall
be used in the resolution of view and sunlight obstruction disputes:
A. Initial Reconciliation. A complainant who believes that tree growth on the
property of another has caused unreasonable obstruction of views or sunlight from a primary
living or entertaining area shall notify the tree owner in writing of such concerns. Notification
should, if possible, be accompanied by a personal discussion to enable the complainant and tree
owner to attempt to reach a mutually agreeable solution.
B. Mediation. If the initial reconciliation attempt fails, the complainant shall
propose mediation and as a timely means to settle the obstruction dispute.
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6
ITEM CM-2
Acceptance of mediation by the tree owner shall be voluntary, but the tree owner shall have no
more than thirty (30) days from service of notice to either accept or reject the offer of mediation.
If mediation is accepted, the parties shall mutually agree upon a mediator within ten (10) days.
It is recommended that the services of a professionally trained mediator be employed.
Mediation may be arranged through the Seattle -King county Alternate Dispute Resolution
Center.
The mediation meeting may be informal. The mediation process may include the hearing of the
viewpoints of lay or expert witnesses and shall include a site visit to the properties of the
complainant and the tree owner. The parties are encouraged to contact immediate neighbors and
solicit input. The mediator shall consider the purposes and policies set forth in this ordinance in
attempting to help resolve the dispute. The mediator shall not have the power to issue binding
orders for restorative action, but shall strive to enable the parties to resolve their dispute by
written agreement in order to eliminate the need for binding arbitration or litigation.
SECTION 11. Tree Claim Preparation. In the event that the initial reconciliation process
fails, and mediation either is declined by the tree owner or fails, the complainant must prepare a
tree claim and provide a copy to the tree owner in order to pursue either binding arbitration or
litigation undef. the ,,,.+> ar-ity established as set forth lyin this ordinance.
A tree claim shall consist of all of the following:
(1) A description of the nature and extent of the alleged obstruction, including
pertinent and corroborating physical evidence. Evidence may include, but is not limited to,
photographic prints, negatives or slides. Evidence of the date of property acquisition by the
complainant must be included.
(2) The location of all trees alleged to cause the obstruction, the address of the
property upon which the trees are located, name and address.
(3) Evidence of the failure of initial reconciliation to ,.a,,.,plai. ant Faust and the
pfesent tfoo ^ e-'s of the f ilur-o 4 niti' resolve the dispute. The complainant must provide
evidence that written attempts at reconciliation have been made and have failed. Evidence may
include, but is not limited to, copies of and receipts for certified or registered mail
correspondence.
(4) Evidence that mediation has been attempted and has failed, or has been declined
by the tree owner.
(5) The specific restorative actions proposed by the complainant to resolve the
unreasonable obstruction.
SECTION 12. Binding Arbitration. In those cases where the initial reconciliation process
fails and where mediation is declined by the tree owner or has failed, the complainant must offer
{)7vDT665611.BKF;2.5i00093.900000/} 1WOT665611 BKB:2.1!nnnnz nnnnnn,i nx;nr
7
ITEM CM-2
in writing to submit the dispute to binding arbitration, and the tree owner may elect binding
arbitration.
The tree owner shall have thirty (30) days from service of notice to accept or reject binding
arbitration. If accepted, the parties shall agree on a specific arbitrator within twenty one (21)
days, and shall indicate such agreement
in writing.
The arbitrator shall use the provisions of this ordinance to reach a fair resolution of the dispute
and shall submit a complete written report to the complainant and the tree owner. The report
shall include the arbitrator's findings with respect to Sections 5 A and 5 B of this ordinance, a
pertinent list of all mandated restorative actions with any appropriate conditions concerning such
actions, and a schedule by which the mandates must be completed. A copy of the arbitrator's
report shall be filed with the City Clerk. The decision of the arbitrator is binding on the parties.
Any decision of
the arbitrator may be enforced by civil action, as provided by law.
SECTION 13. Litigation. In those cases where binding arbitration is declined by the tree
owner, then civil action may be pursued by the complainant for resolution of the view or sunlight
obstruction dispute under the provisions and
guidelines set forth in this ordinance.
The complainant must state in the lawsuit that mediation and arbitration were offered and not
accepted. A copy of any final resolution of the litigation shall be filed with the City Clerk.
SECTION 14. Apportionment of costs.
A. Mediation and Arbitration. The complainant and tree owner shall each pay fifty
percent (50%) of mediation or arbitration fees, unless they agree otherwise or allow the mediator
or arbitrator discretion to allocate costs.
B. Restorative Action. The costs of restorative action shall be determined by mutual
agreement or through mediation, arbitration, court decision or settlement.
SECTION 15. Limitation. This ordinance shall not be construed to affect obligations imposed
by easement, covenants or agreements. The Gi ball have no ~' ht ^" ab alioa to enfef:ee any
SECTION 16. Application.
A. This ordinance shall not apply to trees located on property owned by the City (not
including rights -of -way). Individuals who are adversely effected by trees located on property
owned by the City may approach the City Park Board for requested relief. The potential for
obstruction of views or substantial obstruction of sunlight shall be considered by the City when
planting trees on property owned by the City.
{WDT665611.BKF;2.5l00093.900000l1 -
8
ITEM CM-2
B. This ordinance shall not apply to trees located within City rights -of -way which
trees shall continue to be subject to the requirements of MMC Chapter 12.20.
C. This ordinance shall not apply to historic trees.
SECTION 17. Effective Date. This ordinance shall take effect five (5) days after its
publication or the publication of a summary of its intent and contents.
PASSED BY THE CITY COUNCIL ON THIS DAY OF , 2007
AND SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE DAY OF
, 2007.
Approved as to form:
Wayne D. Tanaka, City Attorney
Miles Adam, Mayor
Attest:
Rachel Baker, City Clerk
{"T665611.BKF;2.5/00093.900000/} : . '
W
ITEM CM-2
SUMMARY OF ORDINANCE NO _
of the City of Medina, Washington
On , 2007, the City Council of the City of Medina, Washington,
approved Ordinance No. , the main points of which are summarized by its title as
follows:
AN ORDINANCE RELATING TO VIEW AND SUNLIGHT OBSTRUCTION
AND PROVIDING A MECHANISM FOR THE ORDERLY RE,SOIJ11ON (I
DISPL)"FES INVOLA'ING PRESERVING AND ENHANCING VIEWS AND ACCESS TO
SUNLIGHT.
The full text of this ordinance will be mailed upon request.
APPROVED by the City Council at their meeting of
Rachel Baker, City Clerk
2007.
{WDT665611.BKF'2.5/00093.9000001; ` nnnn� nnnnnn> rszmTiccc�
10
ITEM CM-3
CITY OF MEDINA
Office of the City Manager
Date: October 8, 2007
TO: MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: ANNUAL EMERGENCY MANAGEMENT REPORT - PREAMBLE
RECOMMENDATION
It is recommended that The Mayor and Council provide feedback and direction to the
City Manager relative to the scope of services to be undertaken by the City Emergency
Management Committee as part of receiving and filing the Committee's Annual Report.
POLICY IMPLICATION
It is within the purview of the City Council to define the scope of program services to be
undertaken by City Staff, its Boards, Committees and Commissions. Policy decisions regarding
program services have implications for the allocation of personnel and material resources.
BACKGROUND
Chapter 2.84 of the MMC establishes an emergency services organization in the City for
the express purpose of performing local emergency management functions. This ordinance
describes the basic role of the organization in general terms, "to represent the City during
emergencies and to manage and coordinate the City's emergency mitigation, preparedness,
response, and recovery activities".
The City Manager, or his designee, serves as the Director of Emergency Services and
"shall be directly responsible for the organization, administration and operation of the
emergency services organization". The organization must operate under the policy guidance of
the Medina Comprehensive Emergency Management Plan (CEMP), which must be approved by
the City Council. Neither the Policy nor Mission Statements included in the City's CEMP give
specific guidance regarding the scope of program services to be undertaken by the City.
However, each statement reaffirms that the City's emergency services program should be
"economical and efficient', and "socially responsible" —and that it maintain an "acceptable level
of community risk".
Section 2.84.020 of the MMC authorizes the Director of Emergency Services (City
Manager) to appoint an Emergency Services Committee (ESC) to help in the development,
implementation and maintenance of the CEMP. The current ESC is comprised of 7
subcommittee chairs, and its work is supported by approximately 40 community volunteers.
The Director of Emergency Services, in consultation with the emergency operations director and
the ESC shall oversee and provide policy recommendations to the City Council regarding the
CEMP.
Recently, the ESC has posed the question to its members, "Should the City of Medina
adopt a formal policy which directs the Emergency Services Director and ESC Members to
develop a CEMP which makes the City wholly independent and self-sufficient with respect to its
emergency preparedness and response activities?" Because the answer to this question has
ITEM CM-3
very broad policy, fiscal, program services and operational implications it must ultimately be
considered and decided by the City Council.
DISCUSSION
Recent natural disasters, coupled with the threat of terrorist actions, have magnified the
importance of emergency preparedness to all local governments, businesses and residents.
Event experiences and lessons learned are helping to shape public policy, planning and
response strategies. One important and universal message that has emerged is that individuals
and their families should make all necessary preparations to survive absent outside assistance
for up to one full week. It may not seem illogical for some people to conclude that the notion of
self-sufficiency should extend to entire communities or governmental divisions. Yet, such a
conclusion may not follow.
The City's ESC is concerned that the nation's disaster experience, and expert opinions,
lead to a reasonable expectation that a regional disaster of moderate -to -severe magnitude will
quickly overwhelm available resources. They are understandably frightened by the very real
prospect that first responders, critical service providers, medical caregivers, shelters, food and
other supplies will not be present in sufficient number or quantities to meet the needs of local
residents. As a result, indications are that the ESC favors a policy and program that seeks to
make Medina self-sufficient and independent in the immediate aftermath of a disaster. What this
means is that the City should be in a position to provide basic and special needs such as
shelter, food and water, medical care and supplies, and required power.
In moving distinctly toward self-sufficiency, the City's ESC has seemingly surrendered
hope of assistance from some first -responders legally obligated to provide emergency services,
and has effectively discounted or rejected partnering with regional, national or international
disaster response agencies.
Disaster preparedness planning includes: hazard mitigation (preparedness); response;
and recovery. Local government's primary response duty is to: preserve life and property;
insure the continuity of government; and to facilitate the restoration or delivery of
services not immediately under its control (i.e. public utilities, hospital operations, shelter
etc.).
The advantages to independence and self-sufficiency, where it can be practically
accomplished, include:
• Comfort and peace of mind
• Prompt response
• Sufficient services and materials
• Comprehensive attention to needs
However, the disadvantages of a program which disdains outside agency help in favor of
self-reliance include:
• Required extensive community participation
• A very high level of sustained training and readiness
• The realization that no level of local training, readiness or self-sufficiency can substitute for
the experience and resources that global disaster response, health and welfare agencies
can provide.
• Inability to share dedicated resources, supplies, storage space etc.
• Exceptionally high cost
• A high likelihood that, despite best efforts, self-sufficiency will not be achieved
• Absence of plans, relationships and critical networks necessary should local resources
also be overwhelmed.
• Resentment and adverse feelings from surrounding communities and agencies
ITEM CM-3
• Very real likelihood that a strong local program will receive regional assistance requests
from neighboring communities for food, shelter and medical care.
• Assumption of expanded and burdensome liability
CONCLUSION
The policy question here requires significant study and deliberation. Medina's small size,
strong sense of community, and rich resources may allow it to achieve a much higher level of
disaster preparedness and response than larger cities. As City Manager, and Director of
Emergency Services, I welcome efforts designed to result in a very high level of local
government response to any local or regional disaster. However, I firmly believe that the City
must maximize all available resources. In addition to Federal and State military and civilian
organizations, the State Office of Emergency Services, King County Office of Emergency
Management, Bellevue Fire Department, and mutual law enforcement aid, the International
Red Cross and similar humanitarian organizations must be viewed as indispensable resources
when coping with disaster. In my estimation it is myopic to devalue the capacity of these
organizations to help, and contribute to the City's efforts during an emergency, out of fear that
they will be overwhelmed.
If the Council concurs, I would like to proceed with modifications to our CEMP policy and
mission statements that reflect this intent to broaden planning and strategic response plans to
include a regional approach.
ITEM CM-3
CITY OF MEDINA
Office of the City Manager
Date: October 8, 2007
TO: MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: ANNUAL EMERGENCY MANAGEMENT REPORT
RECOMMENDATION
Receive and File.
POLICY IMPLICATION
Policy adopted in the City of Medina Comprehensive Management Plan requires the City
Manager to submit an annual report to the City Council on the City's Emergency Management
program. Furnishing the report also complies with WAC 118-30-070 and the City's
Comprehensive Emergency Management Plan (CEMP).
BACKGROUND
Through the efforts of seven Committee Chairs and approximately fifty citizen volunteers
serving on the Emergency Preparedness Committee and with guidance and coordination by the
City, Medina's Emergency Preparedness Program continues to make significant progress.
Following is a list of Chairs of the Medina Emergency Committee:
Overall Chair
Basic Needs
Communications
Fire, Search and Rescue
Medical
Neighborhood Preparedness
Public Works
Safety and Security
Doug Ebstyne
Shawn Whitney
Cy Humphreys
Dave Hedequist
Dr. Robert Kropp
Margaret Maxwell
Paul Saad
Peter Bryant
Citizen Corps Programs build on successful efforts that are in place in communities
around the country, to prevent crime and respond to emergencies.
In 2007, and through the Citizen Corps Citizens Emergency Response Training (CERT)
Program in Medina, thirty residents completed emergency response training which was funded
with a grant award.
Also under the umbrella of Citizen Corps is the VIPS (Volunteers in Police Services)
Program which is now taking hold in our community. This volunteer group of citizens will work
to supplement and enhance existing or envisioned functions, to allow law enforcement
ITEM CM-3
professionals to do their job in the most effective manner. These residents can help maximize
public safety, services and existing resources and create valuable ties between law
enforcement and members of the community. During Medina Days festivities, an additional
seventeen residents signed up for VIPS training, thus bringing the total of this newly formed
group of volunteers to thirty-two.
Medina's HAM Operators continue to exercise and provide the community with a strong
source of knowledge and dedication in this most important area of emergency response.
At the present time, agreements are being discussed with sources in the community,
relative to emergency sheltering.
PUBLIC EDUCATION & INFORMATION
• Emergency Preparedness Website
Continues to provide up-to-date information on government preparedness, individual and
family preparedness, as well as volunteer efforts.
• Medina Days Emergency Preparedness Information Booth.
Visitors asked questions regarding emergency preparedness, picked up brochures and
many signed up as volunteers for the VIPS Program.
SUPPLIES AND EQUIPMENT
• Following the December 2006 windstorm, a generator was purchased which will address
needs of City Hall, should such an event occur in the future.
• We have obtained medical supplies sufficient to address most immediate needs of the
community in the event of a disaster. Local physicians have signed up to make
themselves available, for emergency response.
• Defibrillators have been placed in each Police vehicle.
• The second storage container has been obtained and placed at Bellevue Christian Three
Points Elementary Campus. Fifty cots and 100 blankets have been obtained through the
Department of Homeland Security. Other emergency preparedness items will be
purchased by the school and stored within, for use by the school and/or the community,
should school not be in session at the time of disaster.
• A VHF radio system is in place, with 48 radios having been distributed throughout the
community, for emergency communications.
GRANT AWARDS
• Citizen Emergency Response Team (CERT) classes were completed, with 35 residents
having gone through the training. Funding was through a Citizen Corps Grant Award, in
the amount of $20,000.
• Through Law Enforcement Terrorism Prevention Program (LETPP) a Grant Award was
received, for communications equipment for the mobile command vehicle, in the amount
of $53,901.
ITEM CM-3
• Through Urban Areas Security Initiative (UASI) a Homeland Security Grant Award in the
amount of $32,987 was received for communications equipment, for the mobile
command vehicle.
• Through Law Enforcement Terrorism Prevention Program (LETPP) a Grant was
awarded in the amount of $126,873.96, for Mobile Command Vehicle
Comm unications/InteroperabiIity Enhancements.
STATE and NATIONAL COMPLIANCE
The National Response Plan (NRP) was published by the Department of Homeland
Security in December 2004. The NRP is now predicated on a National Incident
Management System (NIMS) that aligns incident management and emergency
management into an efficient and effective structure. For reason of consistency with the
NRP, Washington State Emergency Management Division adopted the NRP as a model
and guide for emergency management planning and operations. This direction has
occurred since the time of the adoption of the City of Medina's Comprehensive
Emergency Management Plan (CEMP).
Therefore, in order to bring our plan into compliance with the NRP, NIMS and
Washington State's Plan, we are in the process of revising and reformatting the City of
Medina's CEMP. In this effort, we are working with a state emergency planner whose
guidance has led us to the understanding that this work may be done in four phases.
• The first phase of this project, awaiting approval at this time, is the Hazard Identification
and Vulnerability Analysis (HIVA). State law requires that Emergency Management
Plans be based upon written assessment and listing of the hazards to which the political
subdivision is vulnerable. This document fulfills that requirement and is the basis for the
City of Medina CEMP.
• The second phase will be to update, revise and reformat the City of Medina CEMP. This
is a living document which should be updated periodically.
• The third phase will be to update our Emergency Operations Plan, strictly an internal
document, using the same guidelines as the CEMP.
• The fourth phase will be to work with staff in the development of Continuity of Operations
Plan (COOP) prioritizing essential functions, in the event of a disaster.
FUTUREISSUES
• Training/ Exercise - An important element of emergency preparedness. Efforts will be
made to provide employee training sessions. City will continue to participate in regional
exercises, whenever possible.
• Emergency Operations Center — Existing building does not meet seismic requirements
for use as an EOC and does not have sufficient space for such use. Every effort will be
made to move towards seismic standards/codes.
Funding Emergency Management Initiatives, Programs and Equipment - It is common
for federal and state grant funds to periodically become available for emergency
preparedness. However, these funds cannot be counted on to fund desired programs.
Medina should develop a funding plan to support activities and readiness needs
identified in its various emergency response plans.
ITEM CA-4A
MEDINA POLICE
MONTHLY SUMMARY
SEPTEMBER 2007
Police Chief Jeffrey Chen
FELONY CRIMES
Vehicle Prowl(Theft) 2007-0003500 09/18/07
8000 block of NE 27`h St
Between 09/08/07 and 09/09/07 unknown person(s) entered an unlocked vehicle and
removed miscellaneous tools. Total estimated loss: $500
Fraud (ID Theft) 2007-0003394 09/12/07
3200 block of Evergreen Point Rd
Victim reported he had not received a bank statement as he should have, and discovered
that a new account was opened using his name but the address and phone number was
different. Victim immediately closed the account and suffered no monetary loss. Further
investigation is pending.
MISDEMEANOR CRIMES
Vehicle Prowl 2007-0003240 09/01/07
300 block of Overlake Drive E
A resident reported between 10:30 am on 08/30/07 and 8:00 am on 08/01/07 unknown
person(s) entered an unlocked vehicle parked in the driveway. Nothing was taken.
OTHER
Explosive Device 2007-0003369 09/10/07
1200 block of Evergreen Point Rd
At approximately 11:00 pm a Medina officer responded to a report of gunshots. Upon
arriving in the area the officer located a gallon container that was used to set off some
type of explosive device.
Domestic (Order Violation) 2007-0003507 09/18/07
2700 block of 84th Ave NE
During a routine traffic stop, Medina officer confirmed a no contact order between the
driver and passenger. The driver had a warrant for DWLS-3rd and violated a no contact
order. The passenger had two misdemeanor warrants, one for theft out of Issaquah and
the second out of Kittitas County for DWLS-3rd. Both subjects were taken into custody.
Found Property 2007-0003511 09/18/07
8800 block of Overlake Drive W
At approximately 6:30 pm an officer responded to receive found property from the
resident who located some tools left next to her mailbox.
ITEM CA-4A
NOTIABLE MENTION
Suspicious 2007-0003391 09/12/07
8800 block of Overlake Drive W
E-lert 07-027
On Wednesday September 12th at approximately 8:52 AM, an observant Medina resident
watched an unknown male carrying a backpack with binoculars slung around his neck
walking around the area of the 8800 block of Overlake Drive West. As described by the
witness, the unknown male was observed meandering onto various residential properties
and then emerging after short periods of time. Our witness continued to watch and then
called 911 to report the incident. Upon officer's arrival and with the assistance of the
caller, a lone white male was located and questioned. The subject told officers he was
looking for the public dock and got lost as he was not from the area.Officers were able to
confirm the identity of the subject who lives in South Seattle. A records check revealed
he had an outstanding $2,000.00 warrant for Criminal Trespass in the 1st Degree and had
a warrant out of Bellingham for vehicle prowling. Further investigation revealed the
subject had various tools to include a pry bar inside his backpack. Later the subject
provided unbelievable accounts to officers as to why and how he came to be in the area.
The subject was placed under arrest and booked into the King County Jail. The subject,
a self admitted drug abuser, was released from the Department of Corrections in June
2006 on a conviction of Auto Theft and 2 counts of Burglary. The subject has an
extensive criminal history dating back to the late 1980's. Aside from the periods he has
been incarcerated, since 2002 he has continued to participate in criminal conduct which
has earned him a record of 5 felony, 5 Gross Misdemeanor and 6 misdemeanor charges to
include, possession of stolen property, attempt elude, burglary, vehicle prowling, theft
and assault. The subject is on active supervision by the Department of Corrections
(DOC). Our department notified the DOC supervising officer who will be following up
on this matter. Our local resident is to be commended for his sharp and vigilant eye as
potential crimes committed by this individual were likely thwarted. The timely
notification to 911 was paramount in our ability to quickly respond, investigate and
ultimately apprehend the subject.
Felony Warrant 2007-0003515 09/19/07
At approximately 1:53 am an officer conducted a traffic stop that resulted in the arrest of
the driver on an outstanding $1,000 felony warrant out of King County for unlawful
possession of prescription drugs. The subject was booked into the King County Jail.
Felony Warrants
7600 block SR 520
2007-0003516
09/19/07
At approximately 3:00 am an officer conducted a traffic stop that resulted in the arrest of
the driver on an outstanding $15,000 felony warrant out of Seattle for dangerous drugs.
A strip search at the King County Jail located crack cocaine. The passenger had two
felony warrants out of Department of Corrections for Escape for drug related charges.
Both subjects were booked into the King County Jail.
ITEM CA-4A
UPDATE ON PREVIOUS BURGLARY CASE - 2007-0002869 08/07/07
3200 block of Evergreen Point Rd
E-lert #07-021
As you may recall, last month in August, one of our residents suffered a substantial
burglary at their residence in the 3200 block of Evergreen Point Road. Within the last
week, our agency has received confirmation that three (3) of the latent fingerprints lifted
by our officers from the crime scene has come back to a career criminal currently in
custody in a jurisdiction near Las Vegas, Nevada. Our department will be vigorously
seeking criminal charges for burglary and possession of stolen property on this individual
once he has cleared his problems down south.
ITEM CM-4A
FOR HUNTS POINT
MEDINA POLICE MONTHLY SUMMARY
SEPTEMBER, 2007
Jeffrey Chen, Police Chief
FELONY CRIMES
No significant Felony incidents occurred during the month of September.
MISDEMEANOR CRIMES
No significant Misdemeanor incidents occurred during the month of September.
OTHER
Found Property 2007-0003602 09/26/07
3200 block of Hunts Point Rd
Medina officer responded to a report of a bicycle left on the side of the road. The bicycle
was entered in the property room for safe keeping.
ITEM CM-4A
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
Monthly Activity Report
City of Medina
2007
Felony Crimes
September
YTD YTD
Year End
2007
2007 2006
2006
Assault, Aggravated
0
0 0
0
Robbery
0
0 0
0
Sexual Assault/Rape
0
0 0
0
Burglary (inc Attempt)
0
8 5
8
Drug Violations
0
7 1
1
Fraud (ID Theft)
1
6 15
20
Vehicle Prowl
1
11 8
15
Theft (over $250)
0
9 9
10
Malicious Mischief
0
0 0
0
Arson
0
0 0
0
Auto Theft (inc Recovery)
0
3 4
5
Poss Stolen Property
0
5 3
4
Other
0
1 0
0
TOTAL
2
49 45
63
Misdeameanor
September
YTD YTD
Year End
Crimes
2007
2007 2006
2006
Assault, Simple
0
1 3
2
Malicious Mischief
0
7 6
9
Vehicle Prowl
1
21 12
23
Theft (Under $250)
0
10 7
10
Assault, Domestic Violence
0
2 2
5
Minor in Possession
2
19 11
13
Drug Violations
1
16 13
17
Poss Stolen Property
0
3 0
0
Total
4
76 54
79
Page 1
ITEM CM-4A
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
YEARLY ACTIVITY REPORT
if City of Medina
2007
Felony Crimes
Jan,
Feb
Mar
Apr
May
Jun
Jul
Aug Sept Oct Nov Dec
Total:
Assault, Aggravated
0
0
0
0
0
0
0
0
0
0
Robbery
0
0
0
0
0
0
0
0
0
0
Sexual Assault/Rape
0
0
0
0
0
0
0
0
0
0
Burglary (inc Attempt)
1
0
1
0
2
0
0
4
0
8
Drug Violations
0
2
0
1
0
0
2
2
0
7
Fraud (ID Theft)
0
1
1
1
0
1
0
1
1
6
Vehicle Prowl
0
0
0
0
1
1
3
5
1
11
Theft (over $250)
0
4
0
1
2
0
1
1
0
9
Malicious Mischief
0
0
0
0
0
0
0
0
0
0
Arson
0
0
0
0
0
0
0
0
0
0
Auto/Boat Theft
0
1
0
0
0
1
0
1
0
3
Poss Stolen Property
0
1
0
1
0
0
0
3
0
5
Other
0
0
0
0
0
0
1
0
0
1
TOTAL
1
9
2
4
5 `'
3
7
17
2 0 0 0
49
Misdeameanor
Crimes
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sept Oct Nov Dec
Total
Assault, Simple
0
0
0
1
0
0
0
0
0
1
Malicious Mischief
1
3
0
1
0
1
0
1
0
7
Vehicle Prowl
0
1
0
3
0
0
0
16
1
21
Theft (Under $250)
3
3
3
1
0
0
0
0
0
10
Assault, Domestic Vio
0
1
0
0
0
0
1
0
0
2
Minor in Possession
0
2
1
3
6
2
2
1
2
19
Drug Violations
2
4
2
1
1
1
1
3
1
16
Poss Stolen Property
0
3
0
0
0
0
0
0
0
3
Total
6
17
6
10
7
4
4
21
4 0 0 0
76
Page 2
ITEM CM-4A
MEDINA POLICE DEPARTMENT
40
Jeffrey Chen, Chief of Police
Monthly Activity Report
City of Medina
2007
Traffic
September
YTD
YTD
Year End
ACCIDENTS
2007
2007
2006
2006
Injury
0
2
1
2
Non -Injury
0
9
5
13
TOTAL
0
11
6
15
Traffic
September
YTD
YTD
Year End
CITATIONS
2007
2007
2006
2006
Driving Under Influence
5
48
77
98
*Other
14
136
113
136
Total
19
184
190
234
Traffic
September
YTD
YTD
Year End
INFRACTIONS
2007
2007
2006
2006
Speeding
2
66
53
70
Parking
3
76
82
97
**Other
27
312
257
328
Total
32
454
392
495
September
YTD
YTD
Year End
WARNINGS
2007
2007
2006
2006
Total
120
905
889
1093
September
YTD
YTD
Year End
CALLS FOR SERVICE
2007
2007
2006
2006
House Watch
44
330
383
514
False Alarms
23
238
290
384
Assists
56
478
519
680
Suspicious Circumstances
13
130
138
178
Property-Found/Lost
1
20
15
19
Animal Complaints
3
34
28
35
Missing Person
0
0
3
3
Warrant Arrests
13
84
57
70
***Other
2
16
22
25
Total
155`
1330
1455
1908
*DWLS; Fail to Transfer Title; No
License
**Expired Tabs; No insurance; Fail
to stop; Defective Equipment
***Verbal Domestic; Vandalism; Civil Dispute; Disturbance
Page 3
ITEM CM-4A
MEDINA POLICE DEPARTMENT
40 Jeffrey Chen, Chief of Police
YEARLY ACTIVITY REPORT
City of Medina
2007
Traffic
Accidents Jan Feb Mar Apr
_
May
Jun Jul Aug
_2
Sep Oct Nov Dec
Total
Injury 0 0 0 0
0
0 _
0
0
2
Non -Injury 2 1 0 0
1
1 1 3
0
9
TOTAL 2 1 0 0
1
1 1 5
0 0 0 0
11
Traffic
Citations Jan
Feb
Mar Apr
May
Jun
Jul
Aug
Sep Oct Nov Dec
Total
Driving Under Influence 3
4
7 6
8
11
2
2
5
48
Other 6
10
18 21
19
10
19
19
14
136
Total 9
14
25 ` 27
: 27
21
21
21
19 0 0 0
184
Traffic
Infractions
Jan
Feb
Mar
Apr
May
_1
Jun
Jul
Aug
Sep 'Oct Nov Dec
Total
Speeding
4
5
12
11 _
_
16
8
7
2
66
Parking
11
9
11
3
7
8
11
13
3
76
Other
29
38
40
47
30
27
38
36
27
312
Total
44
52
63
61
38
51
57
56'
32 0 0 0
454
Warnings
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep Oct Nov Dec
Total
Total
55
92
137`
39
115
116
135
96
120
905
Calls for Service Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total
House Watch
20
48
31
55
40
23
33
36
44
330
False Alarms
25
13
23
32
26
31
42
23
23
238
Assists
50
49
47
43
54
48
66
65
56
478
Suspicious Circumstances
7
19
12
17
16
15
13
18
13
130
Property-Found/Lost
2
0
0
3
5
1
1
7
1
20
Animal Complaints
1
1
1
3
8
9
5
3
3
34
Missing Person
0
0
0
0
0
0
0
0
0
0
Warrant Arrests
3
6
7
7
13
16
6
13
13
84
Other
2
2
4
3
2
0
1
0
2
16
Total
110
138<
125
163
164
143
167
165
155 0 0 0
1330
Page 4
ITEM CM-4A
MEDINA POLICE DEPARTMENT
Town Of Jeffrey Chen, Chief of Police
Hunts Point Monthly Activity Report
Town of Hunts Point
2007
Felony Crimes
September
YTD
YTD
Year End
2007
2007
2006
2006
Burglary
0
0
1
1
Forgery (Identity Theft)
0
0
1
1
Vehicle Prowl
0
0
0
0
Theft (over $250)
0
1
1
2
Possession Stolen Prop
0
2
2
4
Drug Violation
0
1
0
0
Auto/Boat Theft
0
1
0
0
TOTAL
0
5
5
8
Misdeameanor
September
'YTD
YTD
Year End
Crimes
2007
2007
2006
2006
Assault, Simple
0
1
1
1
Malicious Mischief
0
1
1
2
Vehicle Prowl
0
0
1
1
Theft (Under $250)
0
0
1
1
Possession Stolen Prop
0
1
0
0
Assault, Domestic Vio
0
1
1
1
Minor in Possession
0
1
3
3
Drug Violations
1
13
7
10
Total
1
18
15
19
Page 5
ITEM CM-4A
MEDINA POLICE DEPARTMENT
Town of Jeffrey Chen, Chief of Police
Hunts Point Yearly Activity Report
Town of Hunts Point
2007
Felony Crimes
Jan
Feb
Mar
Apr
May
Jun
Jul
_0
Aug
Sept
Oct Nov Dec Total`
Burglary
0
0
0
0
0
0_
0
0
0
Forgery (Identity)
0
0
0
0
0
0
0
0
0
0
Vehicle Prowl
0
0
0
0
0
0
0
0
0
0
Theft (over $250)
0
0
0
0
1
0
0
0
0
1
Poss Stolen Prop
1
0
0
0
0
1
0
0
0
2
Drug Violation
0
1
0
0
0
0
0
0
0
1
Auto/Boat Theft
0
0
0
0
1
0
0
0
0
1
TOTAL
1
1
0
0
2
1
0
0
0
0 0 0< 5
Mis+deameanor
Crimes
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sept Oct Nov
Dec Total
Assault, Simple
1
0
0
0
0
0
0
0
0
1
Malicious Mischief
0
1
0
0
0
0
0
0
0
1
Vehicle Prowl
0
0
0
0
0
0
0
0
0
0
Theft (Under $250)
0
0
0
0
0
0
0
0
0
0
Poss Stolen Prop
1
0
0
0
0
0
0
0
0
1
Assault, Domestic V
0
0
0
1
0
0
0
0
0
1
Minor in Possession
0
0
0
0
0
0
0
1
0
1
Drug Violations
0
4
0
1
2
4
0
1
1
13
Total
2
5
0
2
2
4
0
2
1 0 0
0 18'
Page 6
ITEM CM-4A
MEDINA POLICE DEPARTMENT
Town Of Jeffrey Chen, Chief of Police
Hunts Point Monthly Activity Report
�f Hunts Point
2007
Traffic
September
YTD
YTD
Year End
CITATIONS
2007
2007
2006
2006
Driving Under Influence
3
15
23
25
Accidents
0
0
0
2
*Other
8
48
49
63
Total
11
63
72
90
Traffic
September
YTD
YTD
Year End
INFRACTIONS`
2007 '
2007
2006 "
2006
Speeding
0
3
2
3
Parking
1
10
16
19
**Other
38
258
246
307
Total
39
271
264
329
September
YTD
YTD
Year End
WARNINGS
2007
2007
2006
2006
Total
24
182
83
100
September
YTD
YTD
Year End
CALLS FOR SERVICE
2007
2007
2006 -
2006
House Watch
0
25
33
45
False Alarms
3
52
76
97
Assists
3
40
47
55
Suspicious Circumstances
5
29
25
38
Property-Lost/Found
1
2
4
4
Animal Complaints
0
5
2
2
Warrant Arrests
2
13
10
12
***Other
0
2
4
5
Total
14
168
201
258
*DWLS; Fail to Transfer
Title;No License
**Expired Tabs; No insurance;Fail to
stop;Defective Equipment
***Verbal Domestic; Harassment;Civil
Dispute;Trespass
Page 7
ITEM CM-4A
MEDINA POLICE DEPARTMENT
Town of Jeffrey Chen, Chief of Police
Hants Point YEARLY ACTIVITY REPORT
�.�.^HUNTS POINT
2007
Traffic
Citations;
Jan
Feb
Mar-
Apr
May
Jun ''
Jul
Aug Sep Oct Nov Dec
Total
Driving Under Influence
0
5
2
0
3
1
0
1 3
15
Accidents
0
0
0
0
0
0
0
0 0
0
Other
9
5
2
5
5
8
3
3 8
48
Total
9
10
4
5
8
9
3
4 11 0 0 0
63
Traffic
Infractions
Jan
Feb
Mar
Apr
May
Jun
_ Jul
Aug Sep Oct Nov Dec
Total
Speeding
0
0
0
0
0
0
0
3 0
3
Parking
0
3
0
1
1
0
3
1 1
10
Other
36
17
22
23
27
35
25
35 38
258
Total >
36
20
22
24
28
35
28
39 39 0 0 0
271
Warnings
Jain
Feb
Mar
Apr
May
Jun
Jul
Aug Sep Oct Nov Dec
Total
Total'
19
18
19
15
7
26
31
23 24
182
Calls for Service
Jan
Feb
Mar ;
Apr
May
Jun
_
Jul
Aug Sep Oct Nov Dee
Total
House Watch
2
4.
2
2
7
2
3
3 0
25
False Alarms
2
8
6
9
11
5
5
3 3
52
Assists
7
2
8
6
5
4
3
2 3
40
Suspicious Circumstances
2
4
1
3
2
4
3
5 5
29
Property-Lost/Found
0
0
0
1
0
0
0
0 1
2
Animal Complaints
0
0
0
0
3
0
2
0 0
5
Warrant Arrests
2
1
0
5
1
1
1
0 2
13
Other
0
0
2
0
0
0
0
0 0
2
Total!
15
19
19
26
29
16
17
13 14 0 0 0
168
Page 8
ITEM CM — 413
. CITY OF MEDINA
a Development Services
501 Evergreen Point Road, Medina WA 98039
425.233.6400 (phone) 425.454.8490 (fax) www.medina-wagov
MEMORANDUM
DATE: October 1, 2007
TO: Mayor and City Council
FROM: Joseph Gellings, AICP, Director of Development Services
RE: Monthly Development Services Department Report
Planning Commission Meeting Recap — The September 25, 2007 Planning
Commission meeting agenda contained two discussion topics. The first discussion
topic was Building Height Measurement on Sloping Lots. The Planning Commission
reviewed staff's follow up and resolved the terms of the Commission recommendation,
which will be presented back to the Commission at the October meeting. The second
discussion topic was Street Design Standards. The Planning Commission discussed
the scope of this new topic. Follow up was requested from Development Services staff
as well as Public Works staff.
ITEM CM-4C
PUBLIC WORKS
CITY OF MEDINA
1000 80TH Ave NE, Medina, WA 98039
(425) 233-6439 www.medina-wa.gov
MEMORANDUM
DATE:
October 2, 2007
TO:
City Council, City Manager
FROM:
Public Works Department
RE:
September 2007 Public Works Activity Report
The Medina Beach Park Shoreline Restoration Project began on July 17tn and
will extend through the month of October. The contractor, Caicos Corp.
continuing the rockery with the emphasis on the south end of the park. The
pilings and the pier structure are on site and ready for instillation in early
October. The pass through culverts are on site and ready for installation in
October. The permitted work being done in the water was extended through
October 10tn
2. The City of Bellevue began staging to replace and upgrade the water main on
Evergreen Point Road north of the 520 bridge.
3. The Public Works crew and Kodo Construction completed the new City Hall
dumpster enclosure located at the north end of the Medina Beach parking lot.
After Kodo Construction removed the asphalt and poured the new curbs and
concrete slab the Public Works crew completed the installation of the structure
and are planning to complete the planting installation in October.
4. The new emergency storage container has been delivered and set up which
includes electrical hook-up on the back of Bellevue Christian Elementary
School. The Crew picked up 50 new cots and 100 new blankets and placed
them in the container.
5. Public Works accomplishments for September included:
• Testing of Medina Park ponds and sprayed enzymes into north pond and
took biomass samples
• Completion of new dumpster enclosure
• Portable meeting notice signs for City Council meetings
• Moved mobile speed sensor
• Turned off all city irrigation stations
• Mowed all city parks
• Weeded in parks
Page 1 of 2
ITEM CM-4C
(Public Works accomplishments for September continued)
• Pruned plant material around Medina Park ponds
• Moved work stations for everyone working on the third floor of city hall.
Included with this is procuring the new desks and putting them together
• Removed dead tree from Indian Trail and mulched around new Birch tree
plantings
• Designed new a -frame for "vote today" for November elections
• The long-term temporary full-time employee, lonel Basancu, worked his
last day September 28th after one and a half years with the city. He will be
greatly missed.
• Pruned vegetation at Lake Lane dock
• Cleaned up 281h St. pedestrian pathway
• Finished cleaning the City's catch basins.
• Cleaned up city property at 22"d and 771h after Bellevue water main break
• Had maintenance done on the Kubota tractor, sweeper broom and the
Tiger truck
Page 2 of 2
ITEM CM-4D
CITY OF MEDINA
Office of the City Manager
October 8, 2007
TO: MAYOR AND CITY COUNCIL
FROM: CITY MANAGER
RE: SEPTEMBER 2007 MONTHLY REPORT
Public Records Requests Increase and Impact City Hall Productivity:
Washington State's Public Record Act (PRA) is designed to improve public knowledge of
specific government actions and to facilitate a better understanding of how government
conducts business. Advocates of open and transparent government support the PRA, as do we.
However, in rare cases the PRA can be abused by an individual or a small number of people. In
such cases, the PRA is used as a tool to inundate staff, to harass electeds and employees, or
as "fishing expeditions" intended to uncover some imaginary wrongdoing.
Given its good intent, and the fact that a timely response could be critical, the PRA requires
public agencies to provide a rapid response to document requests. Though requestors can be
charged copying expenses, there is no provision which allows a City to recoup staff research
and duplication costs. In fact, court cases have consistently disregarded any pleas from public
agencies for relief in this regard.
During the past six months Medina has received nearly 400 PRA requests. The result has been
a significant disruption to routine duties, a degradation of service to the community, reduced
staff productivity, burdensome associated costs, and enormous stress on the principal staff
members who must respond. These requests have totaled thousands of pages of documents
and have resulted in literally hundreds of hours of staff time diverted from other duties. A
sample of the types of requests has been extracted from a larger detailed log, and is presented
as an attachment to give the Council a better understanding of the scope of this problem.
Staff has conferred with the City Attorney, for advice on how to handle this problem in a manner
which does not adversely impact the occasional well -intended PRA requestor, but still offers the
City some relief. Other strategies and tools are being actively explored to help manage this
workload challenge.
Police Chief Attends IACP International Conference in Amsterdam:
Medina Police Chief Jeff Chen attended the 24th International Association of Chiefs of Police
(IACP) Executive Policing Conference held in Amsterdam, the Netherlands April 22-24th. The
conference was attended by over 200 participants from 25 countries. Approximately 20% of the
conference participants were from the U.S.. Presentations and workshops covered a variety of
topics including: High Tech Crime; Intelligent Use of Cameras; Connected Public Safety and
Security; and Identity Fraud and the Future. The IACP
The IACP has more than 17,000 members and provides global leadership in policing. Founded
in 1893, the association's goals are to advance the science and art of police services; to
develop and disseminate improved administrative, technical and operational practices and
promote their use in police work; to foster police cooperation and the exchange of information
and experience among police administrators throughout the world; to bring about recruitment
ITEM CM-4D
and training in the police profession of qualified persons; and to encourage adherence of all
police officers to high professional standards of performance and conduct.
Chief Chen was granted approval by Interim City Manager Roger Crum to attend a training
conference of his choice in recognition for his exceptional service. The Chief arrived at the
Krasnapolsky Hotel Amsterdam, the designated hotel for delegates and the conference location,
on the evening of April 20th, when the program specifies registration opened for early arrivals,
and he departed on April 25th. The total cost for the Chiefs attendance at this training
conference was $4,348. The Chiefs wife accompanied him to Amsterdam, but her expenses
were borne privately.
The globalization of contemporary policing issues, information and responses make this
conference a relevant, valuable, and appropriate business expense. However, the cost, which
is approximately twice the amount of a domestic IACP conference, prevents routinely traveling
oversees for training.
Agreement for Use of Public Property and Provision of Wireless Internet Services —
Clearwire Flagpole Antenna:
Neglected during the transition to the current City Manager was a report to Council on an
Agreement between the City and Clearwire US LLC (Clearwire) in March 2007. The
Agreement, executed by Acting City Manager Chief Chen, resulted in Clearwire providing
wireless Internet services and equipment to the City, exclusively for public safety use, at no
cost. The cornerstone of the equipment, which included an array of mobile service units,
hardware and software, is the City's new majestic flagpole, which serves as a wireless network
transmission antenna.
The public safety benefits of the Clearwire system which powers our CAD/RMS include: wider
wireless area coverage; increased bandwidth; the ability to run multiple law enforcement
applications in a mobile environment; and faster, clearer communications. The Clearwire system
will also serve as a vital communications link for the planned automated license plate
recognition system expected to come online the first of next year.
In 1997 the City Council narrowly defined cell towers as structures that facilitate "commercial
communications" (MMC 17.90.020). Section 4. of the Agreement explicitly forbids the cell tower
from being used in such a manner. A recent inquiry by the City Manager to Mr. John Saw, COO
of Clearwire, confirmed that the company is fully complying with this provision. This, coupled
with the transmitter's camouflage within the flagpole, made it exempt from the City's Special
Use Permit Process. Additionally, nothing in Section 105 of the International Building Code
(IBC), adopted by the City in MMC 15.04.030, addresses a structure like the flag pole/antenna,
which staff believed was consistent with code sections that exempted building permits for
prefabricated structures. With respect to considering exemptions for both an SUP and Building
Permit, the City Attorney was consulted and concurred with staffs opinion.
Clearwire has a commercial wireless antenna installed at the Hunts Point Town Hall, for which
it pays the Town an annual ground lease fee. No such fee should be expected by Medina,
where the tower is operated exclusively for the sole benefit of the City's Police Department.
In fact, the City is indebted to Clearwire for its generous support of law enforcement, and for
entering into an innovative public -private partnership with us designed to dramatically enhance
the Police Department's routine and critical communications ability. The estimated cost of the
equipment and the antenna construction (exclusive of annual service charges also provided at
no cost to the City) exceed $100,000. Either party can terminate the Agreement upon sixty (60)
days notice, and all equipment reverts back to Clearwire US LLC. Thank you Clearwire!
2
ITEM CM-4D
Public Safety Enhancement (Camera Enforcement) Project Update:
On September 201h the City Manager, Public Works Director and Police Chief met with Gene
Morgan and his staff from SecurFocus, as well as representatives from Vigilant Video to view a
demonstration of their ALPR-enabled public safety camera surveillance system. Vigilant Video
is one of a handful of vendors which will demonstrate their products to the I.T. Consultants and
staff in an effort to help determine the hardware and software operating specifications we desire
for purchase through either a sole source, competitive bid, or other procurement process. A
similar onsite demonstration is scheduled for Civica Software sntems on October 4th. The
intersections of NE 241h Street and 84th Avenue NE, and NE 12t Street and 84th Street have
been selected as the two locations to be equipped with cameras. SecurFocus is working with
our Public Works Director Joe Willis to begin reviewing maps and other engineering information.
Puget Sound Energy — Storm Preparation and Natural Gas System Upgrade:
On September 191h the City Manager met with operational managers from PSE to discuss
planned upgrades by the company during September and October. PSE will be increasing the
natural gas system pressure incrementally first from 45 psig to 55 psig and then to 60 psig.
Letters have gone out to all residents that explain the scope of the project. The work will not
require access to interior residences, is inherently safe, and will be transparent to end users; it
is primarily aimed at increasing capacity on the east side. The project area encompasses the
Points communities and Bellevue east to the 405 freeway.
King County Flood Control Zone District Update:
In January 2007, the King County Council adopted the 2006 King County Flood Hazard
Management Plan ("Plan"). The Plan proposes repairs and upgrades to the County's aging
system of flood levees. Prior to the formation of the District, the County's sources of funding for
flood control generated $3 million per year to fund between $179-$335 million of needed repairs
and maintenance.
The Plan does not include any projects within Medina.
In April 2007, the County Council adopted an ordinance establishing the Flood Control Zone
District ("District") as well as an Advisory Committee. The ordinance sets forth the following
"goals" for the Advisory Committee:
The Advisory Committee will make recommendations on the annual work program and budget,
including capital improvement program projects and funding levels. The Advisory Committee
will also have the ability to recommend additional projects for funding that are not currently
contained in the Plan. The King County Council, acting as the Board of Supervisors, has the
ultimate authority to select the projects for funding. Representation on the Advisory Committee
is by Mayors, with Councilmembers as alternates. Each seat on the Committee has one vote,
unless rules adopted by the committee provide otherwise.
The Executive proposed a property tax levy in an amount between 5-cents and 10-cents per
$1,000 or approximately $100 per $1 million of Assessed Value (AV). The intent is to generate
sufficient revenue to fund the capital projects included in the Flood Management Hazard.
The Advisory Committee has met several times since mid -May. Additionally, The Points
Mayors' Committee addressed this item with County Council Member Jan Hague at a recent
ITEM CM-4D
monthly breakfast held by the Mayors. The Mayors addressed equity issues were with Hague,
and proposed a financing method that has a greater relationship between taxes paid and benefit
received.
The District Board will set a levy rate and adopt the CIP as part of the County's 2008 budget
process this fall.
The Advisory Committee is likely to meet before the end of the year, but does not now have
another meeting scheduled. Staff will continue working with other cities who have similar
interests and with King County.
4
CM-4D
REQUESTOR REQUEST
Hokanson, Eric Jeff Chen arrested Scott Herr on the day President Bush was in town,
which I believe was May 23, 2006. 1 am requesting copies of the case,
and the case number by e-mail. I identified Herr to Chen. Please e-mail
the cost for this request and a signature form if required. I will mail
payment and the signed form back to you.
Hokanson, Eric Medina Police Chief Joe Race sent me an official letter in about 1992
calling me a "hyper -active manic -depressant". Upon following up on this
he said he had such a document to prove this. I am requesting this
document. The exact date and year is unknown but in the early 1990s. E-
mail me the cost and I will send you a check. Also e-mail or send any
release forms requiring my signature.
Hokanson, Eric Certified mail received. About 1992 Joe Race letter, I would like the
SOURCE document from which he states in a letter, "you are a
hyperactive manic depressant". Also any records or documents of any
other agencies the Medina Police gave this document or letter to. Please
include this document request in you review process. Thank you.
Hokanson, Eric I am requesting the SIGNED copy of Medina Police Detail case number
2006-00003169. It should be signed by Chief Chen and Shannon Gibson.
Thank you.
Hokanson, Eric I am requesting the monthly statements from Chevron and Unocal 76 or
Conoco Unocal from January 2005 for the Medina Police. If it includes
other City Vehicles please include the entire statements. Thank you.
Hokanson, Eric Any records of Medina Police Officers of any rank working for either
James H Arata and/or Washington Executive Service especially for
Medina resident Bruce McCaw especially as pertaining to providing
security in his home. Noting that Medina Police patronize Old Bellevue
Chevron for the purchase of gasoline and that the facility is leased to Fred
by Bruce McCaw or his company and Old Bellevue Chevron agrees to
provide fuel to Bruce McCaw in case of emergency per Fred.
Hokanson, Eric Any records pertaining to the employment of any Medina Police Officer of
any rank by Integrity Investigations LLC guard services, principal Medina
Police Chief Jeff Chen, and especially any records connecting said LLC
or principal to the Medina residence of Bruce McCaw. Noting Medina
resident owns the property of Old Bellevue Chevron conducting business
with the Medina Police, and that Medina resident Bruce McCaw has an
exclusive agreement with Old Bellevue Chevron per Fred to provide fuel
in case of emergency to Bruce McCaw.
Hokanson, Eric A document showing the hiring date of Police Chief Chen.
Hokanson, Eric With the specific date above prior to Chief Chen's hiring, please provide
any documents or transcripts which were "weighted" to hire Jeffrey Chen.
Hokanson, Eric More specifically, the "weighted" transcript or document given as a
recommendation to hire Jeffrey Chen by James Arata.
Page 1 of 18
CM-4D
REQUESTOR REQUEST
Hokanson, Eric Any document of any date where James Arata recommended Jeffrey
Chen to be hired by the Medina Police.
Hokanson, Eric Has any Medina Police Officer ever worked as an off duty police officer or
under any capacity on any date ever including Chief Jeffrey Chen for
James Arata or Washington Executive Service, or for Jeffrey Chen or
Integrity Investigations, LLC so that this can be shown on a public
document or subject to the laws of public disclosure? Please provide said
documents.
Hokanson, Eric Has any Medina Police Officer ever worked in the home of Bruce McCaw
providing off duty security through Washington Executive Service,
Integrity Investigations, LLC, James Arata, Jeffrey Chen or any other
company or through Medina Police so that this can be shown on a public
document form any date or subject to the laws of public disclosure?
Please provide said documents.
Hokanson, Eric Please provide any information to help locate related documents, and
then list and catalog these documents and their cost which I will gladly
pay. My objective is to show through public documents that Medina Police
Officers have worked in the home of Bruce McCaw, and that the Medina
Police have also moved their gasoline purchases to Old Bellevue
Chevron which is owned by Bruce McCaw as related as fact by Fred who
leases Old Bellevue Chevron from Bruce McCaw or his company
indirectly.
Hokanson, Eric I was told that under the rank of Captain, Chief Chen wrote a letter to a
valet company that provided valet services to a party at the Jeff Brotman
residence on Overlake Drive West to the effect that the valet company
could not work in Medina any more because the valet drivers were issued
speeding citations. Please provide a copy of this letter.
Hokanson, Eric For the same party the property manager cancelled Medina Police
Security Service and instead used James Arata's security services.
Please provide a copy of the cancelled invoice for the Medina Police to
provide security services at the Jeff Brotman residence on Overlake Drive
West.
Hokanson, Eric Please provide copies of the traffic citations issued to the valet drivers
working at Jeff Brotman's residence on Overlake Drive West for said
party.
Hokanson, Eric The Medina Police Policy to Boycott Medina Chevron. Provide a copy of
the Medina Police boycott of Medina Chevron policy in writing.
Hokanson, Eric Chief Chen told Medina Chevron owner Gerald Kirk in May 2006 that if he
didn't keep me from complaining about the Medina Police, he would
boycott the station. On September 12, 2006 when I inquired about a
complaint about Officer Emmett Knott, Chief Chen harassed me and
enacted the boycott.
Page 2 of 18
A
REQUESTOR REQUEST
Hokanson, Eric Per written policy records, provide the record to show how new Medina
police officers boycott Medina Chevron, and are instructed not to buy fuel
at Medina Chevron.
Hokanson, Eric The records to instruct new police officers "prejudice" to make the
decision not to buy fuel at Medina Chevron on their own.
Hokanson, Eric The required document of AUTHORIZATION by the City Manager of
Medina for Jeffrey T. Chen, currently police chief of the Medina Police to
own the business Integrity Investigations, LLC, guard services. Note that
the business license for Integrity Investigations, LLC, guard services is
current until 2008.
Hokanson, Eric Any documents detailing permission for any guard service jobs by
Integrity Investigations, LLC, especially in Medina or by Medina residents
in other locations, or for any other types of jobs by said company on any
date ever.
Hokanson, Eric Any documents including memos or a -mails from any date raising
concerns of conflict of interest by Integrity Investigations, LLC, vis-a-vis
Chief Chen's position of Chief, and his security company.
Hokanson, Eric The document citing written Medina or Medina Police policy pertaining to
Chief Chen's orders to the property manager at Jeff Brotman's party
several years ago, when Chief Chen allegedly stated to the property
manager there, "when you are in Medina, you use Medina Police as
security." Allegedly Chief Chen made this statement because the
property manager hired Jim Arata's security company because it was
cheaper. Chief Chen lost the bid despite his order, and I am requesting
the written policy that Chief Chen quoted, who was then Captain Chen.
Hokanson, Eric On May 28, 2007 1 faxed Medina City Manager Mark Weinberg 16 Official
Complaint forms of abuse by the Medina Police. On May 27, 2007 1
turned in by hand the same 16 (sixteen) signed original complaint forms
to Pam Greytak at Medina City Hall to give to Mr. Weinberg.
Hokanson, Eric I am requesting the Medina Police Internal Investigations Conclusions of
Fact for each of the 16 (sixteen) Official Complaints of abuse by the
Medina Police.
Hokanson, Eric Please provide me with all versions of all dates of all ranks of Chief
Chen's employment contract.
Hokanson, Eric I am especially interested in the provision that prohibits outside interests
such as Chief Chen's security company, Integrity Investigations, LLC,
guard services.
Hokanson, Eric Also provide me the City Clerks receipt for May 31, 2007 PRA request I
made for the Conclusions of Fact for the 16 (sixteen) complaints of police
abuse.
Page 3 of 18
CM-4D
REQUESTOR
REQUEST
Hokanson, Eric All records of any form of communication including but not limited to e-
mails and memos to determine where any and all city departments
purchase gasoline or have their vehicles serviced, or any other records
thereof.
Hokanson, Eric All records of any form of communication including but not limited to e-
mails or memos mentioning Medina Chevron as either a gasoline vendor
or a vehicle maintenance vendor. Include any other records thereof.
Include any records mentioning problems with service or employees.
Hokanson, Eric All records of any form of communication including but not limited to e-
mails or memos mentioning a preference for or against using any
gasoline vendor or vehicle maintenance vendor for any city department.
Hokanson, Eric Provide the above records for all available dates, and state what the
available range of dates is. If there is an overlap between the records
included in this request and previous requests, provide the record once,
mentioning it would be otherwise duplicated. This records request
includes the Medina Police per every aspect of this request.
Hokanson, Eric All recorded calls attributed to me (Eric Hokanson) from any date.
Hokanson, Eric This would include but not be limited to any 911 calls, non -emergency
calls, personal calls, or any other conversation recorded and held as a
record by the Medina Police, the City of Medina, and Kirkland Dispatch.
Hokanson, Eric This would also include the recording Chief Chen mentioned when he met
with Jerry and I on September 13, 2006. He said, "I have it all on tape."
That recording is included in my request as well.
Hokanson, Eric Please include the range of dates available in my request. Please include
the record that shows how it is determined that it is my voice in every
instance.
Hokanson, Eric Medina Police Department Internal Affairs Complaint Forms for a
business as a complainant.
Hokanson, Eric All letters of correspondence made on behalf of Medina Chevron by Eric
Hokanson. Any document showing a statistic thereof.
Hokanson, Eric All police complaints made on behalf of Medina Chevron by Eric
Hokanson. Any document showing a statistic thereof.
Hokanson, Eric All complaints filled out on a Medina Police Internal Affairs Complaint
form by any person. Any Document showing a statistic thereof.
Hokanson, Eric All letters of correspondence or citizen complaints made without the
Medina Police Internal Affairs Complaint form. Any document showing a
statistic thereof.
Page 4 of 18
CM-4D
REQUESTOR REQUEST
Hokanson, Eric Any documents showing any other form of communication such as
telephone calls revealing a citizen complaint as the resulting
documentation. Any document showing a statistic thereof.
Hokanson, Eric Any documents showing gifts or donations to the Medina Police. Any
documents detailing the type of gift. Any document detailing the person or
entity making a donation.
Hokanson, Eric The documents needed to compile the statistic of the number of hours
corporal Yourkoski has worked every year he has been with the Medina
Police. I would prefer the statistic alone in as brief as document as
possible if available.
Hokanson, Eric The document in any form of communication whereby City Manager
Weinberg directed Chief Chen to put the Medina Police complaint forms
online.
Hokanson, Eric The nature and scope of the "agreement" between Gerald Kirk, owner of
Medina Chevron, and Medina Police Chief Jeff Chen, made in the front
seats of Chief Chen's blue Chevy Tahoe, license 491 TET in about May,
2006, in the Medina Chevron parking lot on the Northwest corner of the
building.
Hokanson, Eric The limitations of Eric Hokanson's civil rights Gerald Kirk was asked to
impose if any.
Hokanson, Eric The details of any economic boycott of Gerald Kirk's gas station Medina
Chevron by the Medina Police under Chief Chen as a punitive sanction
within the agreement.
Hokanson, Eric Whether the agreement was oral or written.
Hokanson, Eric Whether the agreement was "commercial" in nature or other.
Hokanson, Eric Any approval by the City Manager to enter into the agreement, and
whether City Manager approval was necessary based on the type of
agreement.
Hokanson, Eric Any threats made in regards to Eric Hokanson as the subject of the
agreement such as arrest should Gerald Kirk not perform his part of the
agreement.
Hokanson, Eric If the "agreement" was oral or verbal, the exact way in which Gerald Kirk
indicated he elected to participate in the "agreement" as proposed by
Chief Chen, as in a nod, a handshake, or by an actual verbal clause, and
the exact wording of any clause should it exist.
Hokanson, Eric Whether Eric Hokanson's complaint of Emmett Knott was addressed as
physical article, or abstractly.
Page 5 of 18
CM-4D
REQUESTOR REQUEST
Hokanson, Eric Any arrangement within the "agreement" to protect Gerald Kirk's criminal
culpability.
Hokanson, Eric Chief Chen's cellular telephone record for September 12, 2006 between
1200 hours and 1900 hours showing any calls to Gerald Kirks home,
cellular telephone or business, Medina Chevron.
Hokanson, Eric The conclusions of fact for the 5 (five) Medina Police internal affairs
complaint forms Eric Hokanson faxed to Mayor Adam and Mark Weinberg
on June 10, 2007, and handed to Pam Greytak in person at Medina City
Hall on June 11, 2007, as soon as they become Hokanson, Eric available
and a reliable estimate to that date, with the estimate distinguishing each
complaint with it's own date.
Hokanson, Eric The Medina Police Chevron statements for November 2006, December
2006, January 2007, February 2007, March 2007, April 2007, May 2007.
Hokanson, Eric A reliable estimate for the date at which time the conclusions of fact will
be available for the first 16 (sixteen) police complaints turned in by Eric
Hokanson on May 28, 2007. 1 have already made a PRA request for
these conclusions of fact. Please distinguish each complaint with it's own
date. Mark Weinberg said some will be concluded very quickly and others
will take several months. Show documentation as to how complaints are
prioritized
Hokanson, Eric All phone records relating to Medina Police Case Number 2006-
00003169 which states in public records Eric Duff Hokanson(DOB
08/29/1963) calls 911, the Medina Police Department, and Kirkland
Dispatch.
Hokanson, Eric All phone records from any date to 911, the Medina Police, Kirkland
Dispatch or Kirkland dispatch from Medina Chevron. These would include
calls from Medina Chevron's three telephone lines: 425-454-6986, 425-
454-7175, and 425-453-8523. 1 am requesting any types of records
including but not limited to those categorized as either emergency or non -
emergency. These records may be recordings or transcripts of recordings
or both.
Hokanson, Eric Within these records specify all calls attributed to Eric Duff Hokanson.
Hokanson, Eric All records showing how police performance is evaluated for each rank
from officer through chief. If there are versions, changes, etc. over time
provide all records for all versions. Provide and distinguish types or
categorizations performance if they are rewarded differently. Provide all
records showing how performance is related to pay.
Hokanson, Eric Provide all records detailing the criteria to merit a "performance bonus" for
each rank. This would include ranks from "officer" through "chief'. Provide
all versions and changes for the last 10 years.
Page 6 of 18
CM-4D
REQUESTOR REQUEST
Hokanson, Eric The documents containing the law enforcement programs utilized to
improve the performance and the statistics of the results thereof.
Hokanson, Eric Any records or documents or written policy stating a preference for an
individual's statement over another person's statement. This would
especially pertain to how the Medina Police qualify an individual or a
business to make a police complaint, and any policy documents that
would disqualify a citizen or an employee or a business from making a
compliant.
Hokanson, Eric Any documents stating Eric Duff Hokanson (DOB 8/29/63 is not a credible
witness or not a credible citizen. Any documents stating Eric Duff
Hokanson is a less credible witness or a less credible citizen. If such
documents existed in the past and were destroyed, provide the document
stating the date that the documents were destroyed.
Hokanson, Eric Provide the written policy, or any records of any form of communication
providing instruction for the Medina Police and/or City Manager, whereby
it is merited that they approach a principal of a business such as an
owner or manager so as to instruct them as favored or exclusive
complainants over any or all of their employees to make a Police
Complaint.
Hokanson, Eric Provide the written instructions or other documents showing how an
employee who's civil rights have been subjugated to not complain by
either the Medina City Manager or Medina Police Chief, can facilitate their
employer to make a Police Complaint for them. Show any other
documents for instructions or special forms whereby an accommodation
is made so that the subjugated employee could sign a declaration under
RCW.9a.72.085 while subjugated.
Hokanson, Eric My records request receipt from Rachel Baker for the Request for
Documents I placed 06/17/07. As you count the requests, it would have
been number 18.
Hokanson, Eric Medina Police Department Standards of Conduct 2005, 2006, 2007
Hokanson, Eric Medina City Council Standards of Conduct 2006, 2007
Hokanson, Eric Any and all documents, communications, agreements, and a -mails
pertaining to then Cpt. Chen's Integrity Investigations LLC including those
before he was hired, between Cpt. Chen, Chief Knapp, and City Mgr.
Schulze between January 1, 2001 and June 30, 2001.
Hokanson, Eric Any and all documents, communications, agreements, and a -mails
pertaining to fuel or repair business with Medina Chevron between Chief
Chen and Medina Chevron owner Gerald Kirk since August 11, 2002, and
especially during about May or June 2006, and especially if the records
involved or referenced any Medina Chevron employee including Eric Duff
Hokanson.
Page 7 of 18
CM-4D
REQUESTOR REQUEST
Hokanson, Eric Any and all documents, communications, agreements, and a -mails
pertaining to fuel or repair business with Medina Chevron between Chief
Chen and Medina Chevron owner Gerald Kirk since August 11, 2002, and
especially during about May or June 2006, and especially if the records
involved or referenced any Medina Chevron employee including Eric Duff
Hokanson.
Hokanson; Eric Any and all documents, communications, agreements, and a -mails
pertaining to fuel or repair business with Medina Chevron between
Councilperson Katie Phelps and Medina Chevron owner Gerald Kirk
since August 11, 2002, and especially since about May or June 2006, and
especially if records involved or referenced any Medina Chevron
employee including Eric Duff Hokanson.
Hokanson, Eric Any and all documents, communications, agreements, and a -mails
pertaining to fuel or repair business with Medina Chevron between any
other representative or employee of the City of Medina and Medina
Chevron owner Gerald Kirk since August 11, 2002, and especially since
about May or June 2006, and especially if records involved or referenced
any Medina Chevron employee including Eric Duff Hokanson.
Hokanson, Eric City of Medina Standards of Conduct for the City Manager.
Hokanson, Eric Original employment contract for City manager Mark Weinberg and any
and all modifications and revisions.
Hokanson, Eric Pertaining to City Manager Mark Weinberg's remark on Thursday June 7,
2007, and repeated in his e-mail Friday June 8, 2007, that my complaints
and requests for information could result in "hundreds of hours of
processing time", please show all records documenting any and all time
spent processing my complaints and documents. Include records showing
time spent in-house and by outside vendors such as attorneys. Where
possible itemize the processing time with the document or request.
Hokanson, Eric Medina Police Department Internal Standards of Conduct 2001-2007
Hokanson, Eric City of Medina Internal Standards of Conduct for the City Manager.
Hokanson, Eric The record(s) showing the dates Police Chief Jeffrey T. Chen held the
position of acting City Manager in about March 2007.
Hokanson, Eric The records showing Chief Jeffrey T. Chen being given the authority to
act as interim City Manager.
Hokanson, Eric Any contracts signed by Jeffrey T. Chen acting as City Manager.
Hokanson, Eric All documents showing communication and consent between Charlotte
Ellis, widow of Dr. Leland Ellis and the Medina City Manager and/or City
Council to replace the City flag pole memorial dedicated to Dr. Leland
Ellis with a Clearwire antenna. Provide any other documents showing any
other communication between the Ellis family and the City of Medina.
Page 8 of 18
CM-4D
REQUESTOR REQUEST
Hokanson, Eric The records showing the use, allocation or issuance of the 8 Clearwire
Residential Service Units (RSU's)provided by Clearwire. Provide the
records since the date they were received.
Hokanson, Eric Provide any documents showing discussion or approval to the City
Manager to replace the City Flagpole with a Clearwire antenna by the
Mayor, City Council or other representatives of the City of Medina.
Hokanson, Eric Per Medina Police Standard 52.1.11, the Annual Statistics of Internal
Affairs Complaints for 1999, 2000, 2001, 2002, 2003, 2004, 2005, and
2006. For 2007 the statistic to date, or state specifically if not available to
date.
Hokanson, Eric Per Medina Police Standard 52.1.6, any document showing Chief Jeffrey
T. Chen has received the Garrity Warning during the year 2007
Hokanson, Eric Per Medina Police Standard 52.1.6, any document showing Officer
Emmett Knott has received the Garrity Warning during the years 2002,
2004, 2005, 2006, and 2007.
Hokanson, Eric Per Medina Police Standard 52.1.4, Time Limits, please provide the
Internal Affairs Investigation numbers for the 16 complaints I turned in to
Pam Greytak on May 29, 2007, and the 5 additional complaints I turned
into Pam Greytak on June 11, 2007. Please provide any documents
showing the current disposition of the complaints.
Hokanson, Eric A copy of the building permit for the Clearwire antenna at 501 Evergreen
Point Road.
Hokanson, Eric A copy of the electrical inspection for the Clearwire antenna at 501
Evergreen Point Road.
Hokanson, Eric The value of the Clearwire Antennas contract signed by Jeffrey Chen on
March 2, 2007, in the context of "Medina City Council Guidelines",
chapter 2.02, contracts valued over $10,000.
Hokanson, Eric Any documents from Linda Goodman, Medina building inspector
regarding the Clearwire antenna at 501 Evergreen Point Road.
Hokanson, Eric Any documents including letters, e-mails, or any other form of
communication to or from any City of Medina employee, Official, or
representative to or from any outside public agency including the State of
Washington regarding the Clearwire antenna at 501 Evergreen Point
Road.
Hokanson, Eric Any internal documents within the City of Medina between any persons
including employees or councilmembers of any form of communication
including e-mail regarding the Clearwire antenna at 501 Evergreen Point
Road.
Page 9 of 18
CM-4D
REQUESTOR REQUEST
Hokanson, Eric Any Requests for Proposal (RFP)for wireless equipment for the Medina
Police Department.
Hokanson, Eric The document or letter terminating building inspector Linda Goodman's
contract.
Hokanson, Eric Documents showing hours or billable hours applied by the Medina City
Attorney's Office providing legal review of Eric Hokanson's requests for
public records. Enough documents to compile summary of the hours
applied each week to review Eric Hokanson's requests
Hokanson, Eric
The IA numbers for the twenty-one (21) Medina Police Internal Affairs
Complaint Forms I turned in this year, each addressing specific
complaints.
Hokanson, Eric
Any document from Interim City Manager Roger Crum giving Chief Chen
permission to attend the Chiefs of Police convention in Amsterdam April
20-25, 2007.
Hokanson, Eric
The itemized expense report for Chief Chen's trip to Amsterdam to attend
the Chiefs of Police Convention.
Hokanson, Eric
Any documents about the "footing", or lack of "footing" of the Clearwire
antenna at 501 Evergreen Point Road.
Hokanson, Eric
Any documents about the electrical wiring for the Clearwire antenna at
501 Evergreen Point Road.
Hokanson, Eric
The three IA numbers for the three Medina Police Complaints Medina
resident Henry Paulman handed to CM Mark Weinberg on July 31, 2007.
Hokanson, Eric Copies of the same three complaints themselves, of Henry Paulman's
complaints handed to CM Mark Weinberg July 31, 2007.
Hokanson, Eric The IA numbers for the six complaints Rachel Baker said were assigned
to Chief Chen in her July 31, 2007 letter sent to me.
Hokanson, Eric May I please have my usual receipt for records request #33, with my
actual request in writing please
Hokanson, Eric Any documents that support the statements made by city clerk Rachel
Baker in her August 9, 2007 letter to me. Documents are to include any
logs of time committed to address any specific records request.
Hokanson, Eric A document showing the date Chief Chen's polygraph was given. (So as
to show if it were given before or after he was hired.)
Hokanson, Eric Documents showing the name(s) and address(es) of the contractor or
contractors installing the Clearwire antenna at 501 Evergreen Point Road
on the South Lawn of City Hall.
Page 10 of 18
CM-4D
REQUESTOR REQUEST
Hokanson, Eric Documents showing the names and addresses of any agents installing
the Clearwire antenna at 501 Evergreen Point Road.
Hokanson, Eric Documents showing the Contractor's License Number for the Clearwire
antenna at 501 Evergreen Point Road.
Hokanson, Eric Documents showing the name of the General Contractor for the Clearwire
antenna at 501 Evergreen Point Road.
Hokanson, Eric Documents showing any and all other Contractor's License numbers for
the Clearwire antenna at 501 Evergreen Point Road.
Hokanson, Eric Documents showing the capabilities of the Clearwire antenna at 501
Evergreen Point Road.
Hokanson, Eric Documents showing the specifications other than the footing of the
Clearwire antenna at 501 Evergreen Point Road.
Hokanson, Eric Any documents terminating Building Inspector Linda Austin's contract or
ending her contract other than her resignation, or documents pertaining to
the renewal of her contract, or it not being renewed.
Hokanson, Eric The document of Chief Chen's Hotel Krosnopolsky bill/invoice from
Amsterdam, about April 20-25, 2007, or the public record of a duplicate
invoice from the hotel itself.
Hokanson, Eric The bill or invoice from the polygraph test Chief Chen took when he was
hired.
Hokanson, Eric Documents showing the name of the individual and/or company/agency
conducting the Chief Chen's polygraph test at the approximate time he
was hired.
Hokanson, Eric The documents of invoice copies for Chief Chen's airport transport, $70
each for when he went to Amsterdam, late April 2007.
Hokanson, Eric Any documents showing taxes have been paid or are to be paid by Chief
Chen and the City of Medina for the trip Chief Chen received to
Amsterdam as compensation for his salary differential with subordinate
Daniel Yourkoski's overtime pay, whereby Chief Chen was allowed to
stay at the 5 star luxury Grand Hotel Krosnapolsky with his wife.
Hokanson, Eric Records showing Chief Chen's final base 2006 compensation.
Hokanson, Eric Records showing Chief Chen's final total compensation including salary
and bonuses for 2006.
Hokanson, Eric Records showing Corporal Dan Yourkoski's final base salary for 2006.
Hokanson, Eric Records showing Corporal Dan Yourkoski's final 2006 compensation
(money) with base salary, overtime, and any other added pay.
Page 11 of 18
CM-4D
REQUESTOR REQUEST
Hokanson, Eric All records of correspondence including e-mail between Chief Chen and
Lucius Biglow. This would include e-mail from Honorable Mr. Biglow's
previous e-mail address, looshb@earthlink.net and other any other e-mail
addresses Chief Chen or Mr. Biglow may have used. If necessary, I
believe it is appropriate to request a forensic extraction of said e-mail
from Biglow's previous e-mail address, including requesting the use of law
enforcement techniques. The dates would be from January 1, 2006 to
September 9, 2007.
Hokanson, Eric All records of correspondence including e-mail between Chief Chen and
Bruce McCaw from June 1, 2006 to September 9, 2007.
Hokanson, Eric All records of correspondence including e-mail between Joseph Gellings
and Bruce McCaw from June 1, 2006 to September 9, 2007.
Hokanson, Eric All records of correspondence including a -mails between Honorable Mr.
Biglow and Joseph Gellings from August 1, 2006 to September 9, 2007.
Hokanson, Eric All records of correspondence including e-mail between Chief Chen and
Honorable Mrs. Phelps from August 1, 2006 to September 9, 2007.
Hokanson, Eric From April 23, 2007, the record of a copy of the Hotel Krasnapolsky
receipt for room service, Ticket Number 260933 for Eur$50,50. It may be
necessary to obtain a duplicate copy of this record from the Hotel itself.
Hokanson, Eric The receipt for Chief Chen's airline travel to Amsterdam.
Hokanson, Eric All expense reports and credit card statements except for gasoline cards
from expenditures starting in August 1, 2006 to September 9, 2007 for
Chief Chen.
Hokanson, Eric The record showing the signature of the City Planner approving the
Clearwire antenna at 501 Evergreen Point Road.
Hokanson, Eric Any other records showing approval of the Clearwire antenna at 501
Evergreen Point Road.
Hokanson, Eric Records of Permits and required documents from the State, Federal
Government, King County, Fish Wildlife, and all other agencies requiring
permits or approval for the Clearwire antenna whose concrete footing is
approximately 25' feet from the water.
Hokanson, Eric The records of the hours and costs incurred by Medina Public Works to
clean up and restore Medina Beach Park after the Clearwire installation
was completed.
Hokanson, Eric A record of the bill to Clearwire for the above services.
Hokanson, Eric Record of remittance for payment of bill by Clearwire for the above
services for Clearwire cleanup and restoration.
Page 12 of 18
CM-4D
REQUESTOR REQUEST
Hokanson, Eric A record of the City Planner's valuation (estimate of value in dollars) for
the Clearwire antenna used in the permit/ exemption process.
Hokanson, Eric Any records of a confidentiality agreement between Linda Austin and the
City of Medina.
Hokanson, Eric The record of "contract termination notice" given to Linda Austin stated to
exist in Joseph Gellings's e-mail to City Manager Mark Weinberg, dated
June 15, 2007. 1 am not requesting her resignation letter, but the actual
termination letter given to Linda Austin by the City of Medina, and
apparently withdrawn and renegotiated.
Hokanson, Eric Pertaining to Linda Austin's suspected termination was renegotiated into
a voluntary resignation, provide all records of communication including e-
mail between any of the parties including City of Medina employees, the
City Attorney, contract employees, Linda Austin and Linda Austin's
attorney. Also include any other letters and binding agreements
Hokanson, Eric Any record of communication including a -mails to the City of Medina, City
of Medina employee, or contract employee that is a complaint towards
Linda Austin.
Hokanson, Eric Any records of communication or reprimands towards Linda Austin for
"drinking". This would include the record of her termination notice.
Hokanson, Eric All records of communication including e-mail between Chief Chen,
formerly Captain Chen, and James (Jim) Arata from June 1, 2001 to
September 14, 2007.
Hokanson, Eric All records of communication including e-mail between Chief Chen,
formerly Captain Chen and Shawn Whitney from June 1, 2001 to
September 14, 2007.
Hokanson, Eric All records of communication including e-mail between Chief Chen,
formerly Captain Chen and John Carpine from June 1, 2001 to
September 14, 2007.
Hokanson, Eric The record of the Exemption Certificate for the commercial Clearwire
antenna at 501 Evergreen Point Road.
Hokanson, Eric Any records showing notification of the hearing examiner for any
exemption for the commercial Clearwire antenna at 501 Evergreen Point
Road.
Hokanson, Eric All records of communication including e-mail between Chief Chen,
formerly Captain Chen and Joseph Gellings from June 1, 2001 through
September 17, 2007.
Hokanson, Eric All records of communication including e-mail between Chief Chen,
formerly Captain Chen and Bruce McCaw from June 1, 2001 through May
31, 2006.
Page 13 of 18
CM-4D
REQUESTOR REQUEST
Hokanson, Eric A copy of the record, Room Service ticket 260933, from Room 3006,
dated 23-04-2007, Hotel Krasnapolsky, Amsterdam, The Netherlands, to
be obtained in the form of a copy of a duplicate receipt or other tangible
similar document, available from the Hotel itself. The e-mail address of
the Hotel is nhkrasnapolsky@nh-hotels.com. This receipt is a public
record to be provided in accordance to law. The receipt was paid for with
public funds. Please state directly if the City of Medina is refusing to
obtain a copy of this record.
Hokanson, Eric The record of the results of Chief Chen's polygraph test conducted by
Littlejohn's PreEmployment Services on April 24, 2001.
Hokanson, Eric All records of communication including e-mail between Chief Chen and
any person, agency, contractor, and all others about the location and/or
placement of the pier currently under construction at 501 Evergreen Point
Road. This request should include all records of communications between
Chief Chen and City employees, contractors or any other representatives
of the City of Medina, as well as those outside the City.
Hokanson, Eric
Any and all records showing Chief Chen expressing any interest in the
placement of the pier.
Hokanson, Eric
All records showing the Medina Police expressing interest or concern of
where the pier should be placed.
Hokanson, Eric
The record of the date of the Medina Police Promotions and Awards
Ceremony.
Hokanson, Eric
The record of the awards presented at the Medina Police Promotions and
Awards Ceremony.
Hokanson, Eric
The record of the exact name of what I know to be the Medina Police
Promotions and Awards Ceremony.
Hokanson, Eric
The record of the names of the recipients of the awards and promotions
presented at the Medina Police Promotions and Awards Ceremony, as
well as the awards they received.
Hokanson, Eric
The record of the date Shawn Whitney signed up to run for the Medina
City Council.
Hokanson, Eric All records of communication including a -mails from all City Employees,
and all other persons including but not limited to attorneys, City Council
members, and contractors, and others outside the City pertaining to Bob
Rohrbach's departure from the City Of Medina, including but not limited to
letters of dismissal, letters of resignation, letters terminating any
employment contracts, and letters of recommendation as well as internal
e-mails pertaining to the his departure.
Page 14 of 18
CM-4D
REQUESTOR
REQUEST
Hokanson, Eric The record of expense report No. 001-521-20-43-00 for Chief Chen's
travel to North Carolina in early February, 2007. If this expense account
number is for general travel please provide the report from January 1,
2005 to September 30, 2007.
Hokanson, Eric The expense report for Chief Chen's trip to North Carolina if the above
number is for general travel. Provide a record of the purpose of the trip.
Provide a record of permission being given for the trip.
Hokanson, Eric Chief Chen's expense report for travel to Boston in late October 2006.
Provide -a record of the purpose of the trip. Provide a record of permission
being given for the trip. Provide all records of receipts for food and
lodging for this trip.
Hokanson, Eric A record of the expense report for Chief Chen's trip to San Diego in late
March 2007. A record of the purpose of the trip. A record of permission
being given for the trip.
Hokanson, Eric A record of the expense report for Chief Chen's trip to San Francisco is
late January, 2007. A record of the purpose of the trip. A record of
permission being given for the trip
Hokanson, Eric Provide the record of the receipt from purchase for the AK-47 or variant
assault rifle Chief Chen showed at the Medina Circle block party during
Medina days
Hokanson, Eric Provide all records of letters of recommendation recommending Chief
Chen for employment written by Mark Weinberg, Doug Schulze, Roger
Crum, Miles Adam, Katy Phelps, and Lucius Biglow.
Hokanson, Eric Include letters of recommendation recommending Chief Chen for
employment written for the City of Poulsbo including but not limited to the
above persons.
Hokanson, Eric Include letters of recommendation written for any other specific cities or
towns, or other law enforcement agencies or public services including but
not limited to letters written by any of the above persons.
Hokanson, Eric The record of Linda Austin's employment contract including clause 8.
Hokanson, Eric The record of Bob Rohrbach's employment contract including any clause
cited in termination of said agreement or contract.
Nunn, Heija Any and all written, email, or other communication to or from Roger Crum
regarding or referencing Medina Green Store
Nunn, Heija HUP application (Green Store)
Nunn, Heija Redacted language in disclosed records
Page 15 of 18
CM-4D
REQUESTOR REQUEST
Nunn, Heija Any and all written, email correspondence regarding the Medina Grocery
as received by city staff or city attorney 6/26/2007 to 7/23/2007
Nunn, Heija Lucius Biglow's Findings of Fact distributed during 7/23/2007 council
meeting
Nunn, Heija Names of planning commission applicants from 4/1/2007 to 4/30/2007
Nunn, Heija Copies of all public comments for HUP 2007-01 Medina Store submitted
as of 5/17/2007
Nunn, Heija Planning Commission applications for Mark Nelson and John Maffei and
Park Board application for Roger Ngouenet
Nunn, Heija All planning commission applications from 1/1/2005 to present
Nunn, Heija Any and all email communications to, from, for and between the following
council and planning commission members; miles adam, lucius biglow,
drew blazey, jim lawrence, mark nelson, gerry zyfers, and karen sparks
from 1 /1 /2007 to 6/11 /2007.
Nunn, Heija City Council Guidelines and retention rules
Nunn, Heija All public records requests filed from 09/01/2006 to 09/24/2007
Nunn, Heija All records, documents, and emails related to Green Store lease
negotiations.
Paulman, Henry Contract between Medina and Clearwire Communications that allowed an
antenna to replace flagpole at City Hall
Paulman, Henry Application for Clearwire communications to install an antenna at City
Hall.
Paulman, Henry Copy of the written authorization from the City Manager for Chief Chen's
trip to Amsterdam
Paulman, Henry Police Chief Chen's list of expenses he was reimbursed for by the City of
Medina for his trip to Amsterdam
Paulman, Henry Police Chief Chen's trip report for his trip to Amsterdam in April 2007.
Paulman, Henry Emails and other written correspondence between Mark Weinberg and
the Council regarding Chief Chen's trip to Amsterdam
Paulman, Henry Emails and other written correspondence between Mark Weinberg and
Chief Chen regarding Chief Chen's trip to Amsterdam
Paulman, Henry Any written authorization for Chief Chen's - Integrity Investigations LLC
Page 16 of 18
CM-4D
REQUESTOR REQUEST
Paulman, Henry Robin Baker's written decision in the Carletti case. The case involved
setbacks and right of way intrusions.
Paulman, Henry
The operating procedures for Medina's Civil Service Commission.
Yourkoski, Dan
Any and all correspondence from Eric Hokanson where the name Dan
Yourkoski or a variation is mentioned.
Yourkoski, Dan
Any correspondence received by the City, City Council Members, and
Department heads to include letters, email, etc. where the name Dan
Yourkoski or a variation there of is listed.
Simpson, David
Permit drawing or As -Built for rock bulkhead at lakefront Property
Addressed: 1445 Evergreen Point Road
Hughes, Kitty
We would like to get a copy of the survey for the below property for our
client who just purchased the property.
Walton, T.
Current building permit/and any stopwork orders, current and past
connected to this permit Property Addressed: 1864 77th ave ne
Simmons, Allison
I need the general contractor's name and address for building permit #
B 102705-1155.
White, Susan Curran Joint dock maintenance and ownership agreement between Susan and
Steven White (3326 78th Place NE) and J Artfield Johansen (3318 78th
Place NE) dated approximately 1988.
Bhend, John Historical building permits and inspection records. Also any records which
may indicate fuel source for heating systems (e.g. heating oil tanks, etc.).
Fulghum, Michael Special Use permit # 239; this permit was approved but never picked up
or used.
Beckley, Karyn I would like to have the owner's name and contact information for the
construction at 1829 Evergreen Pt Rd.
Beaudu, Carol I would like to copy all disclosable documents related to the search for
City Manager that resulted in hiring Mark Weinberg, including contracts
and communication with search firms as well as job offer communications
with Weinberg and all other candidates.
McKee, Michael Ordinance No. 42
Page 17 of 18
CM-4D
REQUESTOR REQUEST
Mickel, Ross My great, great grandparents moved to Medina just after 1900 and lived
there for a number of years. My great grandparents also had a house on
the property that they built around 1913 where they had my grandma. My
grandma is fairly sure which property it is, but for our family history's sake
I'd like to find out for sure. It's pretty special to be living in the same small
town that my relatives did so long ago. I'm guessing that it's probably a
stretch that you have any information going back that far, but I figured this
would be the best place to start. The property in question is most likely
923 Evergreen Point Road, just north and west of the Green store. What
I'm looking for are records that might list who the owners were and
possible a little about the buildings on the property. If this is not
something that you are able to locate, would you have any suggestions
as to where I might?
Knauss, Matt Documentation identifying the city's jurisdiction of SR 520 over Lake
Washington
Whitney, Liz City records with regard to seated councils and elections. Do youkeep a
record of who has been on each council since incorporation in 1955? She
also wants to know who filed, who withdrew, who ran, election numbers,
who won, etc.
Whitney, Shawn 2003 and 2004 City Council Minutes
Page 18 of 18
2007 CITY COUNCIL AGENDA CALENDAR ITEM CM-5
DESCRIPTION
STATUS
10/8/2007
11/13/2007 *
11/26/2007
1 12/10/2007
ADOPTED
2007 FEE SCHEDULE
RES#321
2007 LEGISLATIVE ACTION PLAN
APPROVED 1/22
2007 PLANNING COMMISSION
WORK PLAN
APPROVED 3/12
2007 STUDY SESSION
ADOPTED
SCHEDULE
RES#322
CALENDAR
Discussion/
2008 BUDGET
APPROVED 7/23
Public Hearing
Public Hearing
Action
Public
2008 PROPERTY TAX LEVY
scheduled
Hearing/Action
84" AVE NE POPLAR TREE
REMOVAL CONTRACT
APPROVED 3/12
ADVISORY APPOINTMENT
PROCEDURES
postponed
ADVISORY APPOINTMENTS
(CSC, PB, PC)
COMPLETED 6/11
ADVISORY APPOINTMENT PC
COMPLETED9/10
Discussion/
ADVISORY APPOINTMENT (PB)
scheduled
Action
ALLIED WASTE FRANCHISE
AGREEMENT
pending
ANNUAL RETREAT DATE
ARCH BUDGET & WORK PLAN
APPROVED 3/12
BUDGET AMENDMENT-84th AVE
NE TREE REMOVAL &
ADOPTED
REPLACEMENT
IORD#802
BUDGET AMENDMENT -POLICE
ADOPTED
WAGE DECOMPRESSION
ORD#806
BUDGET AMENDMENT -
SURVEILLANCE CAMERA
CONTRACT & 2006 LABOR
CONTRACT COMPENSATION
ADOPTED
ADJUSTMENTS
ORD#812
ADOPTED
BUILDING CODE ADOPTION
ORD#808
Consent
ADOPTED
BUILDING OFFICIAL POSITION
ORD#805
TIP APPROVED
CIP/TIP 2008-2013
6/11
CITY COUNCIL MEETING
ADOPTED
AGENDA-MMC CODE UPDATE
JORD#809
CITY HALL EMERGENCY
CONTRACT
GENERATOR
AWARDED 5/14
CITY HALL RESTORATION
pending
CITY MANAGER PERFORMANCE
EVALUATION
scheduled
Exec Session
CITY OF MEDINA HAZARD
ADOPTED
MITIGATION PLAN
RES#320
ADOPTED
CMP PROCESS MODIFICATIONS
ORD#800
COMCAST CABLE FRANCHISE
Public
AGREEMENT
scheduled
Hearing/Action
COUNCIL COMMUNICATIONS
pending
CRITICAL AREAS ORDINANCE
scheduled
Consent
ADOPTED
DONATION POLICY
ORD#810
ELECTION SIGNS
COMPLETED 5/29
ENHANCED PUBLIC SAFETY
CONTRACT
SYSTEM(Security Cameras
AWARDED
EMERGENCY SERVICES
REPORT
scheduled
Discussion
EXEMPT STAFF SALARY
RANGES
APPROVED 1/22
FACILITIES PLANNING
RESOLUTION
COMMITTEE
FAILED 7/9
FEE SCHEDULE -APPEALS &
ADOPTED
TREE CODE
RES#325
* City Hall closed on regular Monday meeting date in observance of Federal holiday. Meeting date moved to Tuesday.
2007 CITY COUNCIL AGENDA CALENDAR ITEM CM-5
DESCRIPTION
ISTATLIS
10/8/2007
11/13/2007 *
11/26/2007
12/10/2007
FINANCIAL REPORT-2006 YEAR
END
APPROVED 2/12
HAZARD MITIGATION PLAN
REVIEW
APPROVED 9/10
HISTORICAL USE PERMIT-
APPLICATION
Discussion/
MEDINA STORE 2007-01
DENIED 7/23
Action
HISTORICAL USE PERMIT -
ORDINANCE MODIFICATION
scheduled
Discussion
ADOPTED
HOLIDAY CLOSURE, 12124/2007
RES#328
HOMELAND SECURITY
SUBGRANT AWARD & BUDGET
AMENDMENT
APPROVED 9/24
COMPLETED 6/11
KING CO LIBRARY UPDATE
& 7/23
LIVING FENCES
COMPLETED 5/29
LOT COVERAGE
scheduled
Discussion
MARINE PATROL ANNUAL
REPORT
COMPLETED 2/12
NORCOM 2nd AMENDMENT
APPROVED 1/22
NORCOMINTERLOCAL
ADOPTED
AGREEMENT
RES#327
OFFICIAL CITY PAPER,
ADOPTED
DESIGNATION OF
RES#323
PASS THROUGH CONSULTANT
CHARGES & PERMIT FEE
RECONCILIATION
RESOLVED 3/12
PITCHED ROOF INCENTIVES
COMPLETED 9110
PROFESSIONAL SERVICES
CONTRACT
CONTRACT - CITYARBORIST
AWARDED2/12
PROFESSIONAL SERVICES
CONTRACTS - BUILDING
OFFICIAL & BUILDING
INSPECTOR
APPROVED 1/22
PROFESSIONAL SERVICES
CONTRACT -BUILDING
INSPECTOR
APPROVED 7/9
PROFESSIONAL SERVICES
CONTRACT -SURVEILLANCE
CAMERA INFORMATION
TECHNOLOGY AGREEMENT
APPROVED 8/13
PUBLIC WORKS CONTRACT
AWARDS
APPROVED 7/9
SALES TAX AUDIT
scheduled
Consent
SPECIAL USE PERMIT TRAFFIC
GENERATION ORDINANCE
ADOPTED
MODIFICATION
ORD#803
SPEED LIMIT REDUCTION -LOCAL
ACCESS STREETS
COMPLETED 7/23
ADOPTED
SUBSTANDARD PROPERTIES
ORD#807
TASK FORCE/FOCUS GROUPS
UPLAND ROAD STREET
ADOPTED
VACATION REQUEST
ORD#804
UTILITY CONVERSION (ballot
ADOPTED
measure)
ORD#811
UTILITY CONVERSION
(committee appointments)
COMPLETED 7/23
VIEW & SUNLIGHT ORDINANCE
ADOPTED
(MMC repealed)
ORD#801
VIEW & SUNLIGHT ORDINANCE
Discussion/
ordinance modification
COMPLETED 9110
Action
WINDSTORM UPDATE
pending
WRIA-8
COMPLETED 3/26
WSDOT PRESENTATION -
SR-520 PROJECT
HCOMPLETED 9/24
* City Hall closed on regular Monday meeting date in observance of Federal holiday. Meeting date moved to Tuesday.