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HomeMy WebLinkAboutAgenda Packet 06/07/1999 UTILITY ADVISORY COMMITTEE ROLL CALL Call to Order: ~~~' //q~ Members Present: Orville Campbell, Chairman ~ Bill Myers Joe Michalczik, Vice Chairman ~// Larry Williams Larry Doyle C~ Glenn Wiggins (Alternate) Members Absent: Others Present: UTILITY ADVISORY COMMl~-i-EE VERN BUI~TON CONFERENCE ROOM POR~ ANGELES, wa 9~3~2 JUNE 7, J999 3:00 P.M. AGENDA L CALL TO ORDER il. ROLL CALL Ill. APPROVAl Of MINUTES Of MAY I O, I ~)99, Regular MEETING. IV. DISCUSSION ITEMS A. TELECOMMUNICATION ORDINANCE B. SCADA QUOTES C. WEATHERIZATION LOAN REPORT D. TOPS PRESENTATION E. WAter STRATEGY F. DISCUSSION Of Fiber PRESENTATION V. INt=ORMATION ONlY ITEMS Vi. LATE ITEMS VII. NEXT MEETING - dUlY I 2, I ~9~) VIII. ADJOURNMENT UTILITY ADVISORY COMMITTEE Port Angeles, Washington May 10, 1999 I. Call to Order: Draft Chairman Campbell called the meeting to order at 3:05 p.m. II. Roll Call: Members Present: Councilmen Campbell, Doyle and Williams, Bill Myers, and Joe Michalczik. Members Absent: None. StaffPresent: C. Knutson, J. Pittis, B. Titus, D. McGinley, B. Collins, B. Upton, and C. Hagar. II1. Approval of Minutes: Councilman Doyle moved to approve the minutes of April 12, 1999, meeting. Councilman Williams seconded the motion, which carried unanimously. IV. Discussion Items: A. Cable Television Status Report - Pete Grigorieff, Northland Cable Regional Manager City Clerk Upton stated that at the Committee's request, she had invited Mr. Pete Grigorieff and Ms. Rose Gosslin to this meeting to report on cable television in Port Angeles. Mr. Pete Grigorieff, Northland Cable Interim Regional Manager, introduced Rose Gosslin, Office Manager. Mr. Gdgorieff reviewed the information contained in the Northland Report, which was part of the packet. The information reviewed included system structural and operational information, summary of the previous year's activities, planned construction and upgrades, and current and future technology advances and services. Various sections were discussed, and Mr. Grigorieff responded to questions and provided additional clarification. Councilman Doyle inquired as to the charge for Service Agreement and what service it provided. Mr. Grigorieff stated the charg.e was $2.75 per month and was designed to cover in-house wiring problems. Without the service agreement, Northland Cable is only responsible for the wire to the ground block, which is outside of the home. Mr. Michalczik asked why Pay-per-View television was not mentioned in the report. Mr. Grigorieff stated Northland did not offer Pay-per-View at this time, due to its current channel capacity. He explained that many smaller operations do not offer this service because of channel constraints. However, Northland did hope to be able to offer this service sometime in the future, as it is investigating digital compression services, which allows for greater capabilities. During discussion of Local Origination Programming, Councilman Campbell stated the Northland Cable News personnel are a great asset to the community and are very professional in delivering local news. Councilman Campbell noted that fiber optics is going to be discussed later in the agenda, and he inquked if Northland Cable would consider working with the City, PUD, etc., in obtaining fiber optic systems. Mr. Grigorieffstated Northland had some discussion with the PUD regarding fiber optics, and he felt Northland would definitely wish to see any plans the City made. Councilman Campbell thanked Mr. Grigorieff and Ms. Gosslin for the time and information. B. Draft Water Supply Strategy Revised Scope for Regional Water Study Interim Manager Pittis stated this information is an attempt to fully describe the water issues facing the City in the future. Attorney Knutson noted that some of the information contained in the report is concerned with the City's water rights and strongly stated that this is a draft document for discussion purposes only and not for public consumption. Interim Manager Pittis reviewed the information contained in the Water Supply Strategy prepared by CH2M Hill. He reminded the Committee, that while these issues have been discussed at length in the recent past, this document has not been discussed for quite some time. Interim Manager Pittis stated this item can be brought back to the next meeting if the Committee needs additional information following today's discussion. Interim Manager Pittis then reviewed the document section by section, explaining the various issues, responding to questions, and providing additional clarification. Interim Manager Pittis noted that some of the drivers affecting the City's decisions evolve around the clos'mg of the Rayonier mill. This issue can cause problems for the City's water right as it relates to the industrial pipeline. Staff is attempting to get confirmed records as to Rayonier's water consumption in the past; this information may then be used for further documentation of this water right. Interim Manager Pittis expounded on the Ranney Collector issue, as it has the potential to be declared as groundwater under the influence of surface water, which would require revised disinfection methods and/or treatment. A second problem with the Elwha Ranney Collector is declining yields due to the river moving west. This may signal the need for additional supply development in the future. Other Issues and Decision which drive the water supply strategy include Elwha Dam removal, the Lower Elwha S'Klallam Tribe, changes in water fight law, watershed planning, Morse Creek hydropower station, growth, the Endangered Species Act, and corrosion control. During discussion of growth and future water supply needs, Joe Michalczik requested that the Water Demands Projections table be changed to reflect domestic vs. industrial water demands. Also, Councilman Williams noted that the first paragraph describing this issue (page 14) contained an error. "....projected average annual demand (ADD)..." should read "...projected average daily demand..." Interim Manager Pittis continued to review the document, explaining alternative supply options and recommended supply strategy. Interim Manager Pittis explained that staffis now requesting the UAC to approve the next scope of work adjustment in the amount of $12,119. The additional information will enable the Council to decide on alternative location issues of treatment plants or regional water supply issues. Senator Gorton has said he would be willing to consider reimbursing the City for consultant costs on issues relevant to protecting its water interests. 2 Following further discussion and clarification, Councilman Doyle moved to recommend to the City Council that the City enter into a contract with CH2M Hill for an expansion of Scope and Budget for Contract No. 97.16 (Water Supply Study). Joe Michalczik seconded the motion, which carried unanimously. V.. Information Only Items A. Future Requirements for Conservation and Renewable Resources Bob Titus, Deputy Director of Utility Services, reviewed the information contained in the packet. The Bonneville Power Administration (BPA) will include new elements for the 2001 through 2006 rate period. Among them will be the Conservation and Renewables Discount (C&RD). This will establish criteria for utilities to earn up to a 3% discount on wholesale power bills. The draft plan calls for the discount to be built into the rates with utilities reporting their achievements annually. Should a utility not spend at least 3% of its wholesale power costs on qualifying conservation and renewable resources, it would be required to pay to the BPA the difference between actual spending and 3% of annual power purchases. Deputy Director Titus responded to questions and provided additional clarification. He informed the Committee that this if for information only to increase its awareness of a topic that will gain importance as 2001 approaches. No action was taken. B. Telecommunications and Fiber Optic Opportunities for Port Angeles Deputy Director Titus reviewed the information provided in the packet. He stated staffhas been working with the PUD and EDC on this issue· The PUD has arranged to have a consultant give a telecommunications and fiber optics presentation on May 26, 1999, at 1:00 p.m. Discussion followed. Councilman Campbell noted that if fiber optics is going to occur on the Peninsula, the City of Port Angeles will have to lead the way. Attorney Knutson suggested the Economic Development people quoted in this morning's paper be invited to address the UAC regarding their interests and concerns on this topic. Deputy Director Titus stated that the PUD Commissioners, City Council, UAC, and EDC Board members have all been invited to the meeting of May 26, 1999. This will be a good opportunity for community discussion of this issue· Bill Myers noted that this is an exciting opportunity for the City. It is clearly what is needed if the City hopes for any real development. Joe Michalczik asked for a plan to review at the next UAC meeting. · No action was taken. V1. Late Items ,4. Pole Use Agreement with Port Deputy Director Titus reviewed the information distributed prior to the meeting and reminded the Committee that the City has entered into several agreements like this in the past. Bill Myers moved to recommend the City Council approve the Pole Rental Agreement with the Port of Port Angeles. Discussion followed and Joe Michalczik expressed concern over entering into a 15-year contract. Bill Myers pointed out that Section 12 of the contract contained an exit clause, so the City was not tied to fifteen years. Following further limited discussion and contract clarification, Councilman Williams seconded the motion, which carried unanimously. B. Verbal Report from Interim Manager Pittis Regarding Landfill Interim Manager Pittis stated he and Councilman Campbell had presented a report to the Solid Waste Advisory Committee and the County regarding closure of the landfdl on December 31, 2006. During discussion, it was asked if the rates would remain unchanged during the life of the landfill. The response was that staff:will seek contracts with haulers through the year 2006 at the current rate of $63. There is some risk involved; however, it locks in the flow of refuse into the landfill, which is the greatest concern. Interim Manager Pittis asked the Committee if it had any problem with staff seeking these contracts. It was the general consensus of the Committee that staff should proceed in that direction. Old Joe Road Water System Counc'dman Doyle reminded the Committee that this issue had been discussed at a previous meeting. He recently spoke to a resident of Old Joe Road, and someone is putting in a new water line. Interim Manager Pittis stated the City and County have issued the necessary permits, but that the City will inspect the line only after all of the residents have agreed to participate. Following inspection and certification, the line will be hooked up to the City's water system. Interim Manager Pittis stated he was informed there will be an approximately $2,500 fee to hook up to this line. As there is some dissension among the neighbors, perhaps the City and State Department of Health will have to exert pressure on the residents to settle this issue. Brief discussion followed. No action was taken. VIL Next Meeting: The next meeting will be June 7, 1999, at 3:00 p.m. VIIL Adjournment: The meeting adjourned at 5:10 p.m. Orville Campbell, Chairman Carol A. Hagar, Deputy City Clerk 4  June 1, 1999 TO: Utility Advisory Committee FROM: Craig D. Knutson, City Attorney City Attorney's Office RE: Draft Telecommunications Ordinance Attached is a draft telecommunications ordinance. The basic purpose of the ordinance is to deal with issues raised when Congress enacted the Telecommunications Act of Memorandum 1996. This federal law was intended to develop competition in the telecommunications market- place by allowing local telephone exchange carriers to provide long distance telephone Craig D. Knutson service, as well as cable television, audio services, video programming services, city Atlorney interactive telecommunications, and Internet access. Similarly, long distance providers, Dennis C. Dickson cable operators, and utilities were permitted to offer local exchange telephone service. Sr. Assistant City Attorney This very complex legislation was based on expectations that increasing competition in the market would protect consumers from monopoly abuses and improve the quality and Candace Kreider quantity of services. Congress expressly preserved the rights of local governments to Legal Assistant manage their public rights-of-way and receive fair and reasonable compensation fi'om telecommunications providers so long as they do so on a competitively neutral and non- Chrystina Bruneau Administrative Assistant discriminatory basis. Jeanie DeFrang As a result of the 1996 Telecommunications Act, many cities experienced an increase in Adminis~rativeAssistant thenumber ofrequests to use public fights-of-way. To deal with this increase, cities are adopting telecommunications ordinances. Issues being addressed include guidelines to treat all telecommunications providers similarly and compensation for and management of' City rights-of-way. The City of Port Angeles has not yet been faced with requests from the tele- communications industry to locate facilities in City rights-of-way. Recently, however, U.S. West has announced plans to bring fiber optic cable to the Olympic Peninsula. Also, it is always possible that other companies may decide to take advantage of the 1996 Act's encouragement of competition by locating new telecommunications facilities in Port Angeles. Accordingly, the attached telecommunications ordinance has been drafted to include the following basic provisions: 1. Registration. Telecommunications providers would be required to register with the City, pay applicable fees, and provide information regarding facilities and services. June 1, 1999 Page 2 2. Franchise. Telecommunications providers would be required to enter into franchise agreements with the City. Franchise agreements would include the following types of provisions: a. Required information; b. Termination or abandonment; c. Hold harmless and insurance; d. Permission to use City rights-of-way; e. Rates charged to customers. 3. Fees. Telecommunications providers would be required to pay the following fees: a. Registration fee: $500; b. Application processing & construction deposit fees as necessary to cover the City's costs; c. Franchise fee (to be negotiated by the City in an amount to compensate the City for costs as well as the fair market value of the use of City rights-of- way); d. Pole rental fee. 4. Permit Issuance. Teleeoramunications providers would be required to obtain construction permits addressing such issues as location of facilities, construction methods, restoration requirements, and related issues. 5. Permit Standards. Telecommunications providers would be required to comply with applicable City ordinances dealing with right-of-way construction and to comply with the policy of encouraging shared occupancy of' underground excavations and installing additional conduits for future applicants. 6. Location of Facilities. Telecommunications providers would be required to locate their facilities so that they are consistent with the following terms and conditions: a. Minimum interference with public safety; b. Minimum interference with convenience of property owners; c. Maximum utilization of underground facilities; d. Minimal disruption of the rights-of-way; e. Erection, removal, and common use of poles; f. Temporary movement of wires. 7. Relocation or Removal of Facilities. Telecommunications providers would be required to move tho facilities at the provider's own expense when reasonably determined by the City to be necessary for the public health, safety, or welfare (such as a City construction project in the right-of- way). Also attached is an announcement for the Second Annual Local Telecommunications Infrastructure Options Seminar to be held in Seattle on August 19th and 20th This program is intended to provide ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, regulating telecommunications facilities within City rights-of-way, establishing fees for such facilities, amendin~ Ordinances 2932 and 2166 as amended, and amending Chapters 3.72 and 11.08 and adopting Chapter 11.14 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. A new Chapter 11.14 of the Port Angeles Municipal Code is hereby adopted to read as follows: CHAPTER 11.14 TR! .F-COMMUNICATIONS FACILITIES WITHIN RIGHTS-OF-WAY Sections: 11.14.010 - Purpose 11.14.020 - Definitions 11.14.030 - Registration 11.14.040 - Franchise 11.14.050 - Fees 11.14.060 - Permit Issuance 11.14.070 - Permit Standards 11.14.080 - Location of Facilities 11.14.090 o Relocation or Removal of Facilities 11.14.100 - Assignments or Transfers of Franchises and 11.14.110 - Revocation or Termination of Franchises and Permits 11.14.120 - Enforcement 11.14.010 - Purpose. The purpose of this Chapter is to establish reasonable, non- discriminatory regulations for the use of telecommunications facilities within City rights-of-way, to insure reasonable access to City fights-of-way for telecommunications owners, operators, and providers on a competitively neutral basis while protecting the public health, safety and welfare, to conserve the limited physical capacity of the public rights-of-way held in pubfic trust by the City, and to reasonably and fairly compensate the City for private use of and disruption to City fights-off-way. This Chapter is based upon the City's general police power authority as a code city of the State of Washington and upon specific statutory authority such as is set forth in RCW 35A.47.040. 11.14.020 - Definitions. For the purpose of this Chapter, the following words have the meanings designated herein unless the context indicates otherwise: A. "Cable service" means the provision of cable service through a cable system as defined in the Federal Cable Communications Policy Act of 1984. B. "Facilities" means the plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, pedestals, antennae, electronics, cables, wires, and other appurtenances and equipment located under, on or above the surface of the ground within the right- of-way of the City and used or to be used for the purpose of providing, transmitting, receiving, distributing, or offering telecommunications services. C. "Open video system" or "OVS" means a set of transmission paths and associated signal generation, reception, and control equipment or other facilities designed to provide video programming provided to multiple subscribers and which has been certified by the Federal Communications Commission under applicable law. D. "Person" or "person subject to this Chapter" means any individual, business, or other entity that owns, operates, or provides telecommunication services as regulated in this Chapter. E. "Telecommunications services" means the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fibre optics, laser, -2- microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium, including, as examples only, telephone service, cellular phone service, cable service, and open video systems. F. "Work" means all construction, alteration, enlargement, improvement, repair, and/or demolition of a facility, which has not been previously authorized by franchise, lease, or permit. 11.14.030 - R~gistration. All owners, operators, and providers of telecommunications services originating, terminating, or existing within the City or having facilities within the City shall register with the City pursuant to this Chapter and pay all applicable fees. In addition, such entity shall provide the following information on forms provided by the City: A. A description of the registrant's existing and proposed telecommunications facilities within the City; B. A description of the telecommunications service that the registrant intends to offer or provide; and C. Any other information deemed by the City to be relevant to determine whether the registrant: (1) is subject to right-of-way permitting or franchising under this Chapter or Chapter 11.08 PAMC; (2) is required to pay any other applicable fee or tax; and/or (3) has duly obtained and maintains in force any applicable permit or other authorization from either the State of Washington or the Federal Communications Commission. 11.14.040 - Franchise. A. All owners, operators, and providers of cable service and open video systems who intend to construct, install, operate, maintain, and/or locate facilities in City right-of-way shall enter -3- into a fianchise agreement with the City of Port Angeles, which franchise shall be in accordance and compliance with the Federal Cable Communications Policy Act of 1984 as amended and this Chapter. B. All other owners, operators, and providers of telecommunications service who intend to construct, install, operate, maintain, and/or locate facilities in City right-of-way shall enter into a franchise agreement with the City of Port Angeles, which franchise shall be in accordance and compliance with the Federal Telecommunications Act of 1996 as amended and with this Chapter. C. An applicant seeking a franchise under this Chapter shall provide to the City sufficient information to enable the City to make its determination regarding such franchise, which information shall include but not be limited to the following: 1. The financial and technical ability and legal capacity of the applicant; 2. A complete description of the applicant's proposed facilities; 3. The capacity of the right-of-way to accommodate the applicant's facilities; 4. The capacity of the right-of-way to accommodate additional utility or telecommunications facilities; 5. The extent of damage to or disruption of any public or private facilities, improvements, services, travel, or landscaping and any plans by applicant to mitigate or repair the same; and 6. The availability or unavailability of alternate routes to those proposed by the applicant. D. Within 120 days of receiving a completed franchise application, including all necessary supplemental information required by the City from the applicant, the City shall meet with the applicant to negotiate a franchise agreement. Approval of any franchise agreement shall be by and within the sole discretion of the City Council. The Council's decision shall be based upon the information provided in the application and the recommendation of the affected City department(s) and will take into consideration the impact on City rights-of-way and related facilities, proposed mitigation of damage and disruption, applicable laws and regulations, and any other factors deemed necessary by the City to carry out the public interest. To the extent practicable, franchises granted -4- hereunder shall contain substantially similar terms and shall not contain more or less favorable terms and conditions than exist in other such franchises, talfing into consideration relative characteristics of each applicant. E. No grant of franchise hereunder shall confer any exclusive tight, privilege, or license to occupy any City tights-of-way, nor convey any right, tire, or interest in such tights-of-way. Franchisees shall comply with all applicable laws and regulations and shall obtain all necessary construction and other permits. F. A franchisee shall make its telecommunication services available to the City at its most favorable rate for similarly situated users; provided, however, the City may negotiate more favorable rates, free service, or right to use or access franchise facilities in lieu of other obligations of the franchisee. G. Existing franchises or agreements with owners, operators, and providers of telecommunications service shall not be abrogated by this Chapter and shall continue in effect until terminated or amended pursuant to their own terms. H. In the event of franchise termination or abandonment of the franchisee's facilities in whole or in part, the City shall have the authority to require the franchisee to remove its facilities from City rights-of-way or shall have the first option, directly or as an intermediary, to acquire the facilities. I. The franchisee shall agree to save and hold the City harmless from, and defend the City against, any claims for personal injury or property damage arising out of or in any way connected with the fl~nchise~'s occupancy of City tights-of-way, and shall maintain a comprehensive liability insurance policy, and provide to the City safisfactoqt proof thereof, in an amount and form determined reasonably necessary by the City, but in no event providing coverage less than $1,000,000 -5- for personal injury or death to any one person and $3,000,000 aggregate for personal injury or death per single accident or occun~nce, $1,000,000 for property damage to any one person and $3,000,000 aggregate for property damage per single accident or occurrence, and $1,000,000 for all other types of liability including claims for damage for invasion of the right of privacy, defamation, violation or infringement of copyright or related laws, or damaging related to the failure to comply with any applicable law or regulation. Such insurance shall specifically name the City of Port Angeles, its officers and employees, as additional insureds. 11.14.050 - Fees. A. All owners, operators, and providers of telecommunications services required to register under PAMC 11.14.030 shall pay a registration fee in the amount set forth in Chapter 3.70 ?AMC. B. All owners, operators, and providers of telecommunication services who are granted permission by the City to install facilities in City rights-of-way shall pay additional application processing fees, construction deposits and fees, and other related fees, as the City may de~ermine to be reasonably necessary and appropriate to cover the City's costs. C. All owners, operators, and providers of cable service or open video systems who obtain a franchise granting use of city right-of-way shall pay to the City, in addition to the registration and other fees required pursuant to PAMC 11.14.040A and B, a franchise fee in the amount set forth in the franchise agreement approved by the City, which amount shall be a percentage of gross revenue as provided in the Federal Cable Communications Poli~y Act of 1984. D. All owners, operators, and providers of telecommunications services other than cable service or open video systems who obtain a franchise granting use of City right-of-way shall pay to the City, in addition to the registration and other fees required pursuant to PAMC 11.14.040A -6- and B, a franchise fee in the amount set forth in the franchise agreement approved by the City, which amount shall be determined by negotiation between the City and the prospective franchisee and shall ensure compensation to the City for all costs and expenses associated with processing a franchise application and monitoring compliance with franchise provisions all costs of current and ongoing maintenance, repair, or restoration of right-of-way related to the impact of the installation maintenance and use of City assets other than utility poles provided for in E, below, and the fair market value oftbe use of City rights-of way. E. All owners, operators, and providers of telecommunications services whose facilities are to be placed on City utility poles shall pay a pole rental fee in the amount established pursuant to a pole rental agreement with the City. 11.14.060 - Permit I[~uance. A. Other than as exempted by applicable law, no person shall construct or install any facilities within City rights-of-way without first obtaining a construction permit therefor. The applicant shall provide the following: 1. The location and route of all facilities to be installed on existing utility poles. 2. The location and route of all facilities to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route which are within the public ways. 3. The location of all existing underground utilities, conduits, ducts, pipes, mains, and installations which are within the public ways along the underground route proposed b~ the applicant. 4. The location of all facilities within the City which are not located withir -7- right-of-way. 5. Construction methods to be employed for protection of existing structures, fixtures, and facilities within and adjacent to the right-of-way. 6. The location, dimensions, and type of trees and significant vegetation within or adjacent to the right-of-way along the route proposed by the applicant, together with a landscaping plan for protecting, trimming, removing, replacing, and restoring any trees or significant vegetation or areas disturbed by the construction. 7. Upon request by the City, the certification of a registered professional engineer that the drawings, plans, and specifications submitted with the application comply with applicable technical codes, rules, and regulations. B. The construction permit shall be processed, issued or denied, and implemented in accordance with the provisions of Chapter 11.08 PA/VIC. C. Within forty-five (45) days after submission of all plans and documents required of the applicant and payment of the fees required by this Chapter, the City, if satisfied that the application, plans, and documents comply with all requirements of this Chapter, shall issue a permit authorifing construction, installation, or location of the facilities, subject to such further conditions, restrictions, or regulations affecting the time, place, and manner of performing the work as are deemed necessary and appropriate. 11.14.070 - Permit Standards. A. In addition to the standards set forth in Chapter 11.08 PAMC, the standards set forth in this section shall apply to the installation, construction, or placement within City right-of-way of telecommunication facilities. Those persons who are granted franchises by the City or who enter into lease agreements with the City shall be required in those instruments to comply with the -8- provisions of this Chapter and Chapter 11.08 PAMC, except as specifically negotiated otherwise for good cause demonstrated to the City's satisfaction. B. In addition to the requirements of this Chapter and Chapter 11.08 PA_MC, all persons subject to this Chapter shall comply with the following requirements: 1. At all times comply with all applicable statutes, laws, ordinances, pohcies, and regulations; 2. Upon request, timely provide written information sufficient for customary land survey purposes concerning the location of facilities; 3. Upon request, timely provide accurate as-built maps and plans certifying the location of facilities; 4. Upon request, timely make available books, records, maps, and other documents maintained with respect to facilities for inspection at reasonable times and places; and 5. Pay all applicable fees required under this Chapter and Chapter 11.08 PAMC. C. In furtherance of the public purpose of reduction of fight-of-way excavation, it is the City's policy to encourage both the shared occupancy of underground excavations as well as the installation, whenever possible, of additional conduits for occupancy of future franchise or permit applicants. Therefore, the City may require the franchisee or permittee to install additional conduit(s) in the right-of-way, provided the expense of such conduit(s) shall be borne by the City (calculated as the difference between what the applicant would have paid for the installation of its conduit(s) and the additional cost of the additional conduit(s)) or such expense may be recouped by the franchisee or permittee by charging a reasonable market rate for occupancy of the additional conduit(s). If the City owns or leases conduit(s) or excess conduit capacity, which is technologically feasible for an applicant to occupy, the applicant shall be required to occupy the City' s conduit(s) or excess capacity in order to reduce the necessity to excavate the right-of-way. The applicant shall pay the City a fee for such occupancy, which fee shall be the cost the applicant would have expended to construct its own conduit, as certified by the applicant's engineer and approved by the City Engineer, and which fee may be a lump sum or amortized annual payments as the City and applicant may agree. 11.14.080 - Location of Facilities. In addition to the requirements of this Chapter and Chapter 11.08 PAMC, facilities shall be constructed, installed, and located in accordance with the following terms and conditions: A. Poles, wires, and appurtenances shall be located, erected, and maintained so that no facilities shall endanger or interfere with the lives ofpersons or interfere with any improvements the City or other authorized public entity may~deem proper to make, or unnecessarily hinder or obstruct the use of public rights-of-way or public property. B. All transmission and distribution structures, lines, and equipment shall be so located as to cause minimum interference with the proper use of public rights-of-way and places and as to cause minimum interference with the rights of reasonable convenience of property owners who are adjacent to any of said public rights-of-way and places. C. Underground placement of cable, wires, and conduit is the preferred method of distribution and shall be required in all areas currently receiving underground telephone and/or electric service. If facilities of any person subject to this Chapter are required to be placed underground in the future, others subject to this Chapter, including those previously permitted, shall likewise place their facilities underground at their own expense within a reasonable period of time specified by the City. D. Wherever possible, location or relocation of facilities shall be accomplished concurrently With other users of the right-of-way in order to minimize disruption. Fadlities shall be installed within an existing underground duct or conduit whenever capacity permits. Whenever new facilities will exhaust the capacity of a public tight-of-way or utility easement to accommodate future facilities, a person subject to this Chapter shall provide additional ducts, conduits, manholes, and other facilities for nondiscriminatory access by future owners, operators, and providers of telecommunications services in accordance with policies to this effect promulgated by the Public Works and Utilities Depa~ment. E. Erection, removal, and common use of poles: 1. No poles or other wire-holding structures shall be erected within the public right-of-way without prior approval of the City with regard to the location, height, type, and any other pertinent aspect of such structures. However, no location of any privately-installed pole or wire-holding structure shall be a vested interest, and such poles or structures shall be removed or modified without expense to the City whenever the City determines that the public convenience would be enhanced thereby. 2. In the event that the City or a person subject to this Chapter desires to make use of the poles or other wire-holding structures of one or more other persons subject to this Chapter but agreement among such parties cannot be reached, the City may require the person whose structures are sought to be used to permit use by another for such consideration and upon such terms as the City shall determine to be just and reasonable, iftbe City determines the use would enhance the public convenience and would not unduly interfere with the operations of the person whose structures are sought to be used. F. A person subject to this Chapter shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising, or lowering of wires shall be paid by the person requesting the same. The person subject to this Chapter shall have the authority to require such payment in advance and to be given reasonable notice to arrange for such temporary wire changes. 11.14.090 - Relocation or Removal of Facilities. Within thirty (30) days of written notice by the City, or such other time period as the City may deem appropriate, a person subject to this Chapter shall at its own expense temporarily or permanently remove, relocate, alter, or change the position of any facilities within the fight-of-way whenever the City, in its sole discretion, determines that such is reasonably necessary for (a) construction, repair, maintenance or installation of any City or other public improvement in or upon the right-of-way, (b) operations in or upon the right-of-way by the City, another governmental entity, or persons having permitted facilities in the right-of-way, (c) the vacation of a public street or release of a utility easement, (d) the termination, expiration, abandonment, or lack of a franchise or permit as required by this Chapter, or (e) circumstances reasonably determined by the City to be inconsistent with the public health, safety or welfare. 11.14.100 - Assignments or Transfers of Franchises and Permits. A. The City reserves the right to require in any franchise or permit issued pursuant to this Chapter that ownership or control of a person subject to this Chapter shall not, directly or indirectly, be transferred, assigned, or disposed of by sale, lease, merger, consolidation, or other act of such person, by operation of law or otherwise, without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed. B. Assignments and transfers of franchises and permits shall comply with the following requirements: 1. No assignment or transfer shall occur within twelve (12) months of its -12- iaitial issuance unless approved by the City. 2. Absent extraordinary and unforeseeable circumstances, no assignment or transfer shall occur before construction of the facilities has been completed. 3. Prior to assignment or transfer, the following information shall be provided to the City not less than 120 days before the proposed date of transfer: a. Complete information setting forth the nature, terms, and conditions of the proposed assignment or transfer; b. Ali information otherwise reasonably required by the City of a franchise or permit applicant, respectively, under this Chapter with respect to the proposed assignee or transferee; c. Any other information reasonably required by the City; and d. An application fee in the amount set forth in Chapter 3.72 PAMC, plus any other costs actually and reasonably incurred by the City in processing and investigating the proposed assignment or transfer. 4. Assignment or transfer shall not occur or be approved unless the assignee or transferee has at least the legal, technical, financial, and other requisite qualifications to cam] on the activities of the franchise or permit granted hereunder. C. Any assignment or transfer of a franchise or permit without the prior written consent of the City as set forth herein, unless such consent is waived by the City, shall be void and shall result in revocation of the existing franchise or permit. D. Any assignments or transfers which singnlarly or collectively result.in a change offit~y percent (50%) or more of the ownership or working control of the lYanchisee or permittee or of the ownership or control of affiliated entities having ownership or working control of the franchisee or permittee, or of control of the capacity of the facilities or substantial parts thereof of the franchisee or permittee, shall be considered an assignment or transfer requiring City approval -13- pursuant to PANIC 11.14.100. Approval shall not be required for mortgaging purposes. 11.14.110 o Revocation or Termination of Franchises and Permits. A. A franchise or permit granted hereunder may be revoked or terminated for the following reasons: 1. Construction or operation in the City without a franchise or a permit. 2. Construction or operation at an unauthorized location. 3. Unauthorized assignment or transfer of a franchise or permit. 4. Misrepresentation by or on behalf of a person in any application upon which the City relies in making any decision hereunder. 5. Abandonment of facilities in the public ways. 6. Failure to relocate or remove facilities as required in this Chapter. 7. Failure to pay taxes, compensation, fees, or costs when and as due. 8. Insolvency or bankruptcy of the franchisee or permittee. 9. Violation of material provisions of this Chapter. 10. Violation of the material terms cfa franchise agreement or permit. 11. Incompatibility with another franchise or permit applicant with a higher priority which cannot find another adequate location. 12. Unreasonable interference offrequeocy broadcast with another applicant of a higher priority. B. In the event that the City believes that grounds exist for revocation or termination of a franchise or a permit, the City shall give the person subject to this Chapter written notice of the apparent violation or noncompliance and shall provide such person a reasonable period of time not exceeding thirty (30) days to furnish evidence that corrective action has been or is being actively and - 14- expeditiously pursued, that the alleged violation or noncompliance is rebuttable, or that it would be in the public interest to impose some penalty or sanction less than revocation. C. In the event that a person who holds a franchise or permit fails to provide reasonably satisfactory evidence to the City, the City may revoke or terminate the franchise or permit. Final action on franchise terminations shall be by the City Council, and final actions on permit revocations shall be by the City Manager or designee. D. In determining whether a person subject to this Chapter has violated or failed to comply with material provisions of this Chapter or of a franchise or permit, the appropriate City authority shall determine the appropriate action to take considering the nature, circumstances, extent, and gravity of the violation as reflected by one or more of the following factors: 1. Whether the misconduct was egregious; 2. Whether substantial harm resulted; 3. Whether the violation was intentional; 4. Whether there is a history of prior violations of the same or other requirements; 5. Whether there is a history of overall compliance; and, 6. Whether the violation was voluntarily disclosed, admitted, or cured. 11.14.120 - Enforcement. A. Any person found violating, disobeying, omitting, neglecting, or refusing to comply with any of the provisions of this Chapter shall be guilty of a misdemeanor. Upon conviction, any person violating any provision of this Chapter shall be subject to a fine of up to $1,000 or by imprisonment of up to ninety (90) days, or by both such fine and imprisonment. A separate and distinct violation shall be deemed committed each day on which a violation occurs or continues. -15- B. All structures built, excavations made, and materials or installations placed, in any public right-of-way in violation of this Chapter are declared to be a public nuisance. In addition to penalties provided for violation, such nuisance shall be subject to abatement by any lawful means at the expense and liability of any party determined to be responsible therefore. C. Nothing in this Chapter shall be construed as limiting other remedies that the City may have, at law or in equity, for enforcement of this Chapter. Section 2. Ordinance 2932 as amended and Chapter 3.70 PAMC are hereby amended by amending PAMC 3.70.110 to read as follows: 3.70.110 - Public Works Denartment (DepartmenO Fees and Deposits. A. The fee for a permit for eomtmction or excavation work in the City right-of-way shall be as follows: 1. Concrete walk installation $60.00 2. Curb & gutter removal and/or replacement 125.00 3. Driveway installation 125.00 4. All other work 40.00 5. Street cut 200.00 B. Street Use Permit Fees. The application fees for a Street Use Permit and for a renewal of such permit, when required by PAMC 11.12.120, shall be as follows: 1. Benches $ 5.00 2. Litter receptacles 5.00 3. Bicycle racks 5.00 4. Private planters 5.00 5. Landscaping higher than 30 inches 5.00 -16- 6. Exhibitions sponsored by or promoted by civic, charitable or other non-profit organization 5.00 7. Sidewalk cafes 50.00 8. All other exhibitions 50.00 9. Activities not specifically mentioned 50.00 10. Ramps, steps, or any similar installation 100.00 11. Fences 100.00 12. Retaining Walls 150.00 13. Rockeries 150.00 14. The application fee for a temporary street use permit shall be fit~y ($50) dollars. 15. The appficafion fee for a permit for obstruction of unopened streets shall be one hundr~ fil~y ($150) dollars per year. C. Move Permit Fees. The fee schedule for building move permits shall be as follows: 1. Relocate a building on the same lot or parcel (without use of public fight-of-way) $ 25.00 2. Move building from inside City limits to outside City limits $50.00 3. Move building from one City lot to another City lot (use City right-of-way) $100.00 4. Move building from outside City limits to inside City limits $200.00 5. Inspection fee $30.00/br. D. Plan Review and Permit Fees for Grading, Filling, Clearing and Drainage Activities: 1. Grading and Filling. The permit fee for grading and filling activities shall be as follows: -17- Estimated volume of ~ading & fill Fee 250 cubic yards or less and less than 4 feet of cut or fill No fee 251 to 1,000 cubic yards $22.50 1,001 to 10,000 cubic yards or more $30.00 plus $15.00 for each additional 10,000 cubic yards or fraction thereof. Additional plan review required for changes, additions or revisions to the approved plans shall be at the rate of $30.00 per hour, provided that the minimum charge shall be $22.50. The hourly cost to the City shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. 2. Clearing and Drainage. The permit fee shall be as follows: Estimated area of clearing Fee Less than one acre $30 One acre to five acres $50 Over five acres $1 O/acre. Additional plan review required for changes, additions or revisions to the approved plans shall be at the rate of $30 per hour or the total hourly cost to the City, whichever is the greatest, provided that the minimum charge shall be $15. The hourly cost to the City shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. E. Construction Ins_oection. 1. Inspections during normal business hours $30.00/hour 2. Inspections outside normal business hours (the minimum charge shall be 2 hours) $60.00/hour. F. Industrial Wastewater Pretreatment Fees 1. Fees for monitoring, inspections and surveillance procedures: at cost 2. Fees for filing appeals: $25.00 3. Fees for reviewing accidental discharge procedures and construction: at cost 4. Fees for review of drawings, specifications and compliance schedules for pretreatment facilities: at cost 5. Fees for issuance of industrial wastewater acceptance forms: $75.00 6. Other charges as the City may deem necessary to carry out the requirements of Chapter 13.06 PAMC: at cost. G. Water Service Connection Fees 1. The new residential water service connection fee, including the meter, shall be: Service Size Meter Service Connection Fee 1" 5/8" $ 550.00 1" 3/4" $ 575.00 1" 1" $ 600.00. 2. The new commercial/industrial water service connection fee, including the meter, shall be: Service Size M~r Service Connection Fee 1" 1" $1,000.00 1-1/2" 1-1/2" $1,500.00 2" 2" $2,000.00. 3. The fee for special or emergency turn-ohs or turu-offs shall be fil~y dollars during regular working hours and one hundred dollars outside of regular working hours. 4. The water quality test fee required under PAMC 13.36.080 shall be $50 plus the cost of the laboratory tests. H. The fee for a permit for sewer connection shall be as follows: 1. Single-family houses: $80.00 2. Multiple-family dwellings, including duplexes, apartment buildings, trailer and auto courts, motels, and similar structures: $80.00 for the first dwelling unit and $600 for each additional dwelling unit. 3. All other structures, including, but not limited to, hotels, apartment hotels, office buildings, stores, churches, schools, hospitals, buildings accessory thereto, and industrial/commercial structures of any kind and additions thereto: One-half cent per gross square - 19- foot of area occupied by all floors of such structure for the first 100,000 square feet (exclusive of areas devoted to single-family dwelling houses for multiple-dwelling structures); and one-quarter cent per gross square foot for the remaining footage in excess of 100,000 square feet. In addition thereto, $6.00 for each single*family or multiple dwelling unit combined therewith; with a minimum fee of $80.00 and a maximum fee of $1,000.00. 4. The fee for additional direct connections to a public sewer shall be the same as for an initial connection. 5. The fee for a reconnection to a public sewer using an existing side sewer shall be the same as for an initial connection. I. The fee for alteration or repair to existing side sewers installed and accepted under a previous permit, other than normal clean-out or root cutting for which no permit is required, shall be as follows: 1. Any repair of a side sewer: $30.00 2. The fee for capping side sewers shall be $225.00 and all work performed to cap the side sewer shall be accomplished by the Department. J. The fee for storm drain connections shall be as follows: 1. Installation of catch basins or similar interceptors: $40.00. 2. All connections other than for a catch basin: $100.00. K. The fees for various underground utility work performed by the Department shall be as follows: 1. Tapping sewer or storm drain main lines to install a tee or wye: $125.00. 2. Hot tap water main: $250.00. 3. Tapping sanitary or storm manhole: $300.00. 4. Install fire hydrant: $2,600.00. Ali work to actually tap the main shall be performed by the Department. All excavation of trench, exposure of the main and trench backfill shall be provided by the applicant. - 20 - L. In addition to the sewer or storm drain fees required under this Section, any person receiving a permit from the City for a sewer or storm drain connection shall pay to the City of Port Angeles the actual cost incurred by the City in the restoration of any street, alley, curb, sidewalk, utility or other structure of the City of Port Angeles, which is in any way altered or damaged as a result of construction pursuant to a sewer or storm drain connection permit. M. Septic Hauler Fees. 1. Annual Fee--Septic Hauler. The annual fee shall be $50. 2. Volume Fee. The monthly charge shall be as follows: a. Fresh waste shall be charged at a rate of $0.02 per gallon of waste. b. Other septic discharge shall be charged at a rate of $0.09 per gallon of waste. N. Whenever an application for a developer reimbursement agreement is submitted, it shall be accompanied by a non-refundable fee of three hundred dollars ($300) plus five dollars ($5) for every parcel to be encumbered by the agreement in order to cover the City's expenses in processing the application. (Ord. 2932 §9, 10/11/96) Telecommunications Fees: L Registration Fee $500.00 ~ Assignment or Transfer Fee $250.00 Section 3. Ordinance 2166 as amended and Chapter 11.08 of the Port Angeles Municipal Code are hereby amended by amending PAMC 11.08.010, .060, and. 110 to read as follows: 11.08.010 Definitions. The following definitions apply to the provisions of this Chapter, unless the context shall indicate otherwise: A. "Applicant" means any person making application for a permit for construction or -21 - be established as set forth in Chapter 3.70 PAMCby'~,,.~ ~'",~l,y ~',~,,u.,~.." by ,~,l~.il,,,~ ,~,~,· .,,~.~ be' 11.08.110 Permittee - Liability InsUrance Required. A. Any permittee receiving a permit unde~ the terms of this Chapt , ' u, ,~,~,~., ,~ ,,~,~ u.u~.,,~,,~ ,,,,u,~ ~ u. ~, shall provide to the City satisfactory proof of the existence of'a comprehensive liability insurance policy, in an amount and form determined by the City-C--mgine~ or-C-ity-Attom~, but in no event providing coverage of less than ~ne million dollars for personal injury to any one person, ~qa~e~a~red-hhma~a~hree million dollars for injury to more than one person arising out of the same incident, ~n¢ million dollars for property damage, three million dollars for property damage to more than one person arising out of the same incident, and one million dollars for all other types of liability including clairn~ for clama~es for invasion of privacy, defamation, violation or infringement of any copyright or related law, or darna~e arising out of failure to comply with any applicable law or regulation against clainis ..... ~ ......... City '~ w,,,~,~ ,~u i~, ~,,, ,,~ ,,,,~ ,~,,~,~.. The shall further be provided with an endorsement to such policy, naming the City as an additional insured. - 23 - Section 4 - Severabilitv. If any provisions of this Ordinance, or its application to any person or circumstances, is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 5 = Effective Date. This Ordinance shall take effect five days after the date of publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the __ day of ,1999. MAYOR ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney PUBLISHED: By Summary - 24 - B BULK RATE J LAW SEMINARS INTERNATIONAL U.S, POSTAGE PAID 810 Third Ave. · Ste. 140-1 o Seattle, WA 98104 P£RMIT # 169 Phone: (206) 621-1938 or (800) 854-8009 SEATTLE, WA Fax: (206) 567-5058 ° EmaiJ: registrar@lawserainars.com Local Telecommunications Infrastructure Options August 19 and 20, 1999 The Meeting Place at Pike Place Market Seattle, Washington YESI Please register the following: Name: Name: Firm: *~***w*w***.a,..* ECRLOT ** C-005 PUDS Address: CRC~ZG KNUTSON C3'T¥ ¢ITTORNEY BOX 1150 Phone: Fax: 321 E 5TH ST Email: PORT ¢tNGELES ~IA 90362-3206 If you cannot attend, check boxes to order: r'l Homestudy Course [] Course Materials only Fill in Visa/MasterCard/American Express information below or send check: No. Exp.: Signature: LAW SEMINARS INTERNATIONAL Second Annual Local Telecom m u n icatio ns Infrastructure Options Current Issues in the Transition to Competitive Markets August 19 and 20, 1999 The Meeting Place at Pike Place Market Seattle, Washjngton Thursday, August I 9, 1999 8:30 Introduction and Overview 1:00 Scope of Local Options Judith E. Endejan, Esq., Pmoram Co-Chair · Cellular Facilities: Minimizing Visual Impacts VVTIliams Kastner & Gibbs, Seattle, WA Kirk R. Wines, Esq. Attorney at Law, Seattle, WA Carol S. Arnold, Esq., Pro ram Co-Chair Preston Gates & Ellis, Seattle, WA · Rights-of-Way Issues: The Extent of Preemption Under the 1996 Telecommunications Act and State 8:45 Public Ownership and Operation of Law Facilities Martin L. Stern, Esq. · A National Perspective Preston Gates Ellis & Rouvelas Meeds, William L. Lowery, Esq. Washington, DC Miller & Van Eaton, San Francisco, CA · Lessons from Cases Around the Country · Lessons from a Pioneering Public Fiber System TimothyX. Sullivan, Esq. Steven J. Klein City of University Place, University Place, WA Tacoma Power, Tacoma, WA 2:45 Break · Tips for Evaluating Potential Benefits and Pitfalls Felix H. Anderson 3:00 Industry Perspective on Appropriate City of Bellingham, Bellingham, WA Local Policies · CLEC Perspective 10:30 Break Gregory J. Kopta, Esq. 1 0:45 Competitively Neutral Local Policies Davis Wright Tremaine, Seattle, WA · Developing a Strategy for Complying with the · Wireless Perspective 1996 Telecommunications Act Ross C. Baker, Esq. Stephen P. Bowen, Esq. AT& T Wireless Services, Seattle, WA Blumenfeld & Cohen, San Francisco, CA · ILEC Perspective · Open Internet Access over Cable Systems: KimberlyA. Miller Do Cities Need to Change Their Approach to GTE Service Corporation, Irving, TX Regulating Cable Services? · Cable Perspective Matt Lampe Ronald N. Main City of Seattle, Sea,e, WA Washington State Cable Communications Association, Seattle, WA 12:00 Luncheon Address: The Role of Telecommunications 5:00 Reception Sponsored by Infrastructure in the Future of Williams Kastner & Gibbs arid King County Preston Gates & Ellis Ronald Sims King County Executive, Seattle, WA About the Conference... "The telecommunications industry continues to evolve at a rapid pace with explosive growth in wireless services and new competition in the form of cable modems for Intemet access. Communities with dense urban areas face increased demand from carriers for street cuts and cell towers. Communities that are less attractive to new carders face the challenge of modernizing their telecommunications infrastructure to support the advanced services necessary for economic growth in the information age. These challenges can be particularly difficult because local governments have an obligation, under the 1996 Telecommunications Act, to develop competitively neutral policies. This program will provide all participants in local infrastructure decisions with the latest information for finding the best solutions for Washington's communities." Proc~ram Co-Chairs: Carol S. Arnold, Esq. and Judith E. Endejan, Esq. Carol S. Arnold, Pr0qram Co-Chair. is a partner in the Litigation Department at Preston Gates & Ellis. She has represented public entities on utility issues for over 15 years. LA~,S~t~.p~'~,~T~ON^~ Judith E. Endejan, Proqram Co-Chair. joined Williams Kastner & Gibbs in August 1997 ~ ~ ..... after nine years as counsel for GTE Corporation. She chairs the firm's telecommunications practice group. Ronald Sims, Luncheon Address, brought a record that includes high-tech innovation to his position as King County Executive. In April 1996, President Clinton recognized his eco- nomic development expertise by appointing him to the Commission on US-Pacific Trade and Investment Policy. Felix H. Anderson, the Director of Information Technology Services for the City of Bellingham, is responsible for the City's computing, data, voice, and video networks. Ross C, Baker is Senior External'Affairs Manager/Land Use Policy Counsel for AT&T Wire- less Services in Washington. Charles L. Best, now in private practice, is a former Chief Counsel for U.S. WEST Commu- nications in Oregon. His practice emphasizes regulated industries, including telecommuni* · _cati(~ns, and professional discipline. Stephen p.~, ~owen, who manages Blumenfeld & Cohen's San Francisco office, has repre- transition to ~ ~entPdJ'~,~e diverse members of the California Telecommunications Coalition. He also works with other industries contemplating entry into telecommunications such as major corporate users and electric and gas utilities. Robert Geppert is the National Director of Telecommunications for KPMG Peat Marwick's State & Local Tax Practice. He works in the firm's Seattle office. Steven J. Klein has been Tacoma Power Superintendent since June 1993. During his ten- ure, Tacoma became one of the first cities to construct a publicly-owned hybrid filter-coax ~ ,, system for the purpose of offering broadband telecommunications and cable TV services to everyone in the service area. Gregory J. Kopta is a partner at Davis Wright Tremaine where he represents telecommuni- cations and cable television clients before various state and municipal agencies. Matt Lampe is the Director of Strategic Planning for Enterprise Technology for the City of Seattle. He is the city's lead policy staff for telecommunications issues. William L. Lowery is the Director of Miller & Van Eaton's new San Francisco office. He specializes in counseling and representing local governments on cable television and tele- communications issues. Ronald N. Main is the Executive Director of the Washington State Cable Communications Association. Kimberty A. Miller, a manager in the Municipal Affairs Group at GTE Service Corporation, focuses on municipal right-of-way issues on a national basis. Her responsibilities include legislative initiatives, regulatory compliance, and franchise negotiation. Mark A. Simonson is GTE's liaison for railroad, municipal, county, state, and federal rights- ~ fax of-way issues in Washington, idaho, Oregon, Northern California. He also negotiates and administers joint use agreements with electric utilities, cable television companies, other (206) 567-505~,.~ ~ telecommunications service providers, and government agencies. email Martin L Stern, former deputy chief of the Competition Division at the Federal Communica- tions Commission, is a partner at Preston Gates Ellis & Rouvelas Meeds. He provides stra- ~ tegic and policy advice to telecommunications and information technology companies. Timothy X. Sullivan is City Attorney for University Place and serves as a member of the Washington State Association of Municipal Attorneys Telecommunications Working Group. Ghassan Tarakji is a Professor of Civil Engineering at San Francisco State University and a Senior Partner at Sigma Engineers. His research projects include the effect of trenching on the service life of pavements. Kirk R. Wines is a private practitioner who has been the City Attorney for the City of Medina for over 25 years. He has represented both the city and private parties in cellular tower sitin§ ~ ~ .~ disputes. ~'- Friday, August 20, 1999 9:00 Introduction 12:00 Lunch (on your own) Carol S, Arnold, Esq., Program Co-Chair Preston Gates & Ellis, Seattle, WA 1:00 Update on Model Telecommunications Ordinances in Washington and Elsewhere Judith E. Endejan, Esq., Prooram Co-Chair · Municipal Perspective Williams Kastner & Gibbs, Seattle, WA Carol S. Arnold, Esq. 9:15 Local Tax Issues Preston Gates & Ellis, Seattle, WA · An Update on Appropriate Local Taxes and Fees · Industry Perspective under the 1996 Telecommunications Act Judith E. Endejan, Esq. Robert Geppert Williams Kastner & Gibbs, Seattle, WA KPMG Peat Marwick, Seattle, WA 2:45 Break 10:00 Break 3:00 Ethics: Managing Confli~:~,~.s of Interest 10:15 Street Degradation Cha~e-~..' ~..' Best, Esq. · A Review of Research on the Impact of Street Cuts Atto,,~ey at Law, Portland, OR on the Life of a Street Ghassan Tarakji, PhD, PE 4:00 Adjourn San Francisco State University, San Francisco, CA · Industry Response ~ Mark A. Simonson GTE Northwest, Everett, WA _ Information... Registration: We recommend advance registration, as seating Course Accreditation: This course meets all of the requirements is limited. Registration is complete when we receive payment or for continuing legal and professional education. Application has agree to later payment. You can register in any of the following been made for Washington CLE and AICP credits. Please call ways: (206) 621-1938 for more information. Call us at (800) 854-8009 or (206) 567-4490. Substitution or Cancellation: You may substitute another Fax the registration form on the front page of this person at any time. We will refund tuition, less a $50 cancellation brochure to us at (206) 567-5058. charge, if we receive your cancellation by 5:00 p.m. Pacific 'lqme Email us at registrar@lawseminars.cam, on Friday, August 13, 1999. If you want a secure transaction, go through our Seminar Location: The seminar will be held in The Meeting web site (www. lawseminars.com) and use our Place at Pike Place Market, 93 Pike Street, Suite 307, Seattle, electronic registration form. WA 98101, (206) 447-9994. Mail us a copy of the registration form on the front of this brochure. Sponsor: For over 20 years the expe~ls at LAW SEMINARS Walk-ins are welcome, subject to space availability, iNTERNATIONAL have been dedicated to presenting (~ualitv con- Tuition: Regular tuition for this program is $795 with a group tinuing professional education seminars throughout the United States and Canada. They pride themselves on including in their rate of $750 for two or more registrants from the same firm. For governments, we offer a special rate of $715 and a local govern- faculties tod professionals who are also excellent speakers. LAW SEMINARS INTERNATIONAL has received international acclaim ment rate of $397.50. For students and people in their job for less for the organization and content of its seminars. than a year, our rate is $397.50. All rates include admission to all seminar sessions, food and beverages at breaks, lunch on Thurs- If You Cannot Attend: Our complete Homestudy Course, con- day, and ail course materials. Make checks payable to LAW sisting of a full video transcript and the course materials, is avail- SEMINARS INTERNATIONAL. able for $805. The course materials alone are available for $100. Upcoming Seminars... Hydroelectricity in Today's Competitive Western Marketplace June 3 and 4 Portland, OR Eminent Domain June 10 and 11 Seattle, WA Successful Permitting Stratggies July 22 and 23 Portland, OR Local Government and Municipal Law August 12 and 13 Seattle, WA pORTA NGELES WASHINGTON, U.S.A. PUBLI(~ WORKS DEPARTMENT DATE: May 10, 1999 TO: Utility Advisory Committee FROM: Bob Titus, Deputy Director of Utility Services SUBJECT: SCADA Quotes The City issued a request for proposals (RFP) for a water SCADA system in March and received three proposals by the closing date of April 23, 1999. Proposals were received from AGI Technologies, S & B, Inc., and Technical Systems Inc. (TSI). The process that the City chose to solicit proposals under was through competitive negotiation where both price and quality of product are used to evaluate proposals. After reviewing the proposals, checking references and visiting a site where similar equipment has been installed, staff has concluded that the best proposal is the one submitted by S&B. Proposals were rated using the following criteria: total overall impression of the proposal submitted, experience and results of similar'projects, experience of the project manager, understanding of the project, experience and knowledge of local conditions, ability to provide ongoing maintenance services, and cost. Very little separated the top two vendors, S&B and TSI, except for the cost. Cost of the three proposals is shown in the table below. Vendor Cost AGI $170,000 S&B $91,100 TSI $111,255 Staff is currently working up a contract for this project and is evaluating several optional items suggested by S&B. However, so as not to delay the project we would like to move forward with a not to exceed recommendation. Action to be taken: Recommend to the City Council that the Mayor be authorized to enter into an agreement with S & B, Inc. for a water SCADA system with a not to exceed cost of $100,000. Estimated time: 20 minutes. N:/PWKS/LIGHT/DIRECTOIUMEMOS/S&B.WPD pORTANGELES WASHINGTON, U.S.A. PUBLIC WORKS DEPARTMENT DATE: June 7, 1999 TO: Utility Advisory Committee FROM: Scott McLain, Power Manager Yvonne Ziomkowski, Finance Director SUBJECT: Conservation Loans. Loans for conservation improvements have been available to customers since the inception of the program in 1980. The first loan program was the zero-interest program, with loans due when the home was sold. From 1983 to 1995 weatherization loans were offered utilizing light fund reserves at various interest rates and terms of up to five years. In 1995 the City signed a flex agreement with the Bonneville Power Administration that allowed us to use a portion of our flex allocated Bonneville funds to provide loans for conservation improvements. These loans are at various interest rates with terms of up to 10 years. Money paid back on these loans is funding the current conservation programs. Since November of 1998, conservation loans are available and administered through First Federal Savings and Loan. Weatherization and Conservations loans are always collectible, as the property is liened by the City. The status of each of these loan programs is described below. Zero-interest Loan Pro~ram. ¢1980-1983~ This program was funded by the Bonneville Power Administration. We currently have 156 loans still outstanding. Staff recently completed an audit of these accounts to see if any had changed owners without our knowledge. Letters went to 15 customers to determine the current ownership. It appears that approximately five of these loans need to be paid off. Weatherization Loans (1983=1995) This program was funded by the City Light. There are 40 accounts still active with $34,960 in principal remaining. The audit of these accounts was completed in May 1999. As a result, 14 letters were mailed to customers who were delinquent in their payment; delinquent interest is not payable until the maturity of the loans. The remaining loans will mature in the year 2000. Over the 12-year period approximately 1160 loans were issued. Conservation Loans {1995-1998} This program is funded by a BPA grant. There are 42 accounts still active with $169,359 in principal remaining. As part of the annual audit, conformation notices were mailed to customers, also five letters were sent to customers who were delinquent in their payments. There were 110 loans originally issued with maturity dates between year 2000 and 2008. First Federal Loans ¢1998-eurrenO This program started in 1998 and five loans have been issued to-date. L I N C 0 L N LUTiONS .ENVIRONMENTAL ..... Recycling by' Reduction. May 7. 1999 (,orporate od~tce: Po~ .~es City Council. Utilities Adviso~~ Committee 4130 Tumu'at~ 0 ~ ..~I E 5th Street ~uck Route Pon ~geles. WA 98362 MAY I 0 · ~stnngton 98~ ~2 Testing of TOPS at City Landfill L Office: Dear Utilities Adviso~ Committee Members, (36O2 417-~ ~ax: Will Possinger and I are vew interested in the possibility of utilizing the City (360) 4173844 Landfill for the on-site testing of the Thermal Oxidation Process Systems (TOPS) roll-rme., solid waste disposal unit. We are in the early stages of the permit application process with the Olympic Air Pollution Control Authority, Depanment of Ecology, County (877) 417-3884 Depa~ment of Health, etc. A key to the permit process is where that testing will be · -,~it: conducted, and the possible impact on the surrounding area lir;coln Cao~lp~ot.com The landfill would be ideal for myriad reasons. Not the least of which is zoning; from which all other considerations stem. Attached is the Proposal submitted to the Solid Waste Adviso~ Committee last month It outlines what Lincoln Environmental Solutions, Inc. (formerly E~co) would like to do on the Olympic Peninsula. ~so attached are emission control data and some of the practical considerations for incorporating TOPS into a Regional Comprehensive Solid Waste Plan We believe it provides the most cost eflbctive means of privatizing MSW disposal through the Best Available Control Technology (BACT) application required by State and Federal regulations. We ~ould like the oppo~unty to prove that this approach provides a win- win-win scenario: It protects the environment; creates a wide variety of family-wage jobs: and cuts rates paid by citizens It does not adversely impact on the ability of the City ofPo~ ~geles to pay-offthe costs of the landfill. We would like to show how the life of the landfill could be prolonged and the rates increased for other uses. As our name implies, we want to help provide solutions; both environmental and economic. We welcome the chance to discuss our Reduction by Recycling theo~ with you at your earliest convenience. Sincerely, Marketing Director /cc: Jack Pittis, City Manager/Director, Public Works April 5, 1999 Mr. Joe Ciarlo Chairman, Solid Waste Advisory Committee .: Clallam County Courthouse Port Angeles, WA. 98362 RE: Letter of Iment; Proposal for TOPS Disposal of Municipal Solid Waste Lincoln Environment Solutions, Inc. is prepared to negotiate for the fight to dispose of the Municipal Solid Waste collected in Sequim and the Dungeness Valley. That position is based on the conversation we had in February with you and Bob Martin, and subsequent dialogues with other participants in the MSW collection/disposal business. Will and Brian Possinger, Lincoln Industrial Corp, Directors of Manufac- turing and Special Projects, and Steve Sanderson, Marketing Director will provide quality control of the equipment and timely response to any needs by Sequim or Clailam County. The manufacture of TOPS on the Olympic Peninsula will also result in the addition of upwards of 30 FTE jobs in the family-wage pay scale in the next two-to-three years. That does not include a significant number of field representatives anticipated for the installation and maintenance of the equipment upon delivery. Lincoln Environmental Solutions, Inc. can assure the Olympic Peninsula of clean, environmentally acceptable emission levels. We have been in contact with the Olympic Air Pollution Control Authority and the Department of Ecology and will be work very closely with those agencies throughout the Notice of Construction (NOC) Application process. The results of TOPS operations to date provide a Best Available Control Technology (BACT) baseline that assures future compliance with emission standards. DOE representatives have gone so far as to point out, based on BACT data, that "Regulations won't kill your project". They were, in fact, very enthusiastic and down- right encouraging. They did warn about the need for community acceptance and under- standing of the Oxidation process, as opposed to "Burning" or "Incineration". We have claimed to be able to provide a disposal solution that is also economically beneficial to the Olympic Peninsula. That to end, we propose a Tipping Fee in the amount of $58.00 per ton for the first two years. That is for a guaranteed amount of Manicipal Solid Waste of not less than 40 tons per day per week; a week consisting of not less than five days. EnEco Systems, Inc. will guarantee that it will maintain the capability of processing up to 80 tons of MSW per day. After the first two years of operation the Tipping Fees will be reduced to $55 per ton. After an additional three years Lincoln Environmental Solutions, Inc. will offer to sell the TOPS to either the City of Sequim or Clallam County. Page 2 - TOPS Proposal For it's part, Lincoln Environmental Solutions, Incl would like the following a~surances: - Assurance that flow control of MSW for the Sequlm/Dungeness Valley will not fall below 40 tons l~r day for the population of 25,000 +/-. An average $ pounds/ person/day, conservative by national (6.1 lbs) standards, equals 62.5 tons per day. - A lease of the Blue Mountain Transfer Station propeiW for 20 years at $1.00 per year. Lincoln Environmental Solutions, Inc. will convey all claims to real or personal property improvements upon sale of the property or at the end of 20 years. Lincoln Environmental Solutions, Inc. is a private, for-profit business group. We would like to take-on the privatization of the MSW disposal needs of the Olympic Peninsula in it's entirety. We see this proposal as a first step. We very much want to work hand-in-hand with the efforts of the Solid Waste Advisory Committee (SWAC) to establish a disposal/collection district with inter-local agreements that may assist in: l) Protecting the environment of the Olympic Peninsula 2) Enhancing services to the community 3) Sustaining the rates paid by citizens We do not see those objectives as mutually exclusive. We believe that unlike any other options available to the Olympic Peninsula, TOPS can make all those elements happen while actually complimenting the other. Let us know how we might be of assistance. Thank you for your consideration. Sincerely, Will Possinger Steve Sanderson Director of Manufacturing Marketing Director cc: Jim Bay, Manager, Sequim Public Works Department Jack Pittis, Manager, Port Angeles Public Works Department Bob Martin, Director, Depamnent of Community Development Clallam County Commissioners ~OPS for all types of solid and tiquid wastes generated by small communities, or large commercial facilities (i.e., manufacturing ;kcs, shopping centres, hospitals, airport, s, ports, military bases, mining/forestry/oil camps). TOPS requires no daily operator. lOPS offers 90% volume reduction, recovery of all glass, aluminum and metals. TOPS may be configured to deliver hot water ~md air conditioning or heating, saving on electricity. Both liquid and solid wastes may be processed ir. one system.~ G_ A] AGE TI UC.KS CREAT MOB E SSIONS TOPS ~ne env~onmen~ costs ass~]at~ with ~c~g ~iculate & acid e~ssions & non-renewable energy u~ge) md ~d~ng (toxic g~ & soft/water t~g) have often b~n ac~pt~ ~use of .ney ~e less n~m~t th~ ~e~E options. The e~or ~ this logic ~s ~at res~ch h~ gr~tly improv~ :he t~otogy of o~dafion so that it is now f~ more h~m- ~1 ~ use ~c!~ ~d ~dfi~s ~ k ~s ~ u~ TOPS. Di~e~ Tm~ Pollution VS E~co ~ ~m~io~ O~d~r 5~z ~ 230 ~/~r (5~ ~/H0 Was~ ~ypes 0 - ~), No N/A ~ No~ ~pplieable BDL = ~low Deteo~bI~ Li~t ~Eco Sy~ems Inc. ~vir~me~l Problems need ~CO~mi~l ~lurions ~, 1994 Product Profile: TOPS Model 2 Dual-Linked with Liquid Waste Destructor Why did the U.S. Navy choose TOPS? 1) No operator required. As one observes the design, the first feature that stands out are the large (9'x9') top doors. TOPS may be directly loaded by collection vehicles with Ioade of up to 700 cubic feet! The U.S. Navy immedi- .atcly recognized the benefits and daily cost savings they would enjoy buttonbY eliminatingand walktheaway.need for an operator. With TOPS, simply push a 2) Environmental Stewardship, 90% Volume Reduction and - Easy recovery of glass and me~ after thc process. -significant volume reduction: up to 95% - convert organics to clean heat energy 3) Guaranteed performance and no scrubber required. Due to the unique batch load design, TOPS delivers a clean suck emission - guaranteed. Incinerators that are loaded on a continuous basis will generate high levels of particulate and may be accidentally or wilfully overloaded causing smoke. TOPS, with its batch load de- sign and low operating temperatures, ensures particulates arc not generated and no heavy metals are ever released from the stack. Unless high concentrations o£sulphur or chlorine are present, TOPS does not require a scrubber. Customer Profile Purchased by: U.S. Naw, Nuclear Defence Agency. Location: Johnston Is. Requirement: 20 ton/day ENEco SYSTEMS INC. Head Office: #404 - 999 Canada Place, Vancouver, British Columbia, Canada, V6C 3E2 Fax: (604) 649-3480 Telephone: (604) 649-4518 ~ Y~STE~#$ ffitiC. Fi~u~ 4O Meters PROPOSAL FOR TOPS Model 3, Quad-Linked, Automatic Ash Removal: September, 1998 Page 5 pORTANGELES W A S H I N G T O N, U.S.A. PUBLIC WORKS DEPARTMENT DATE: May 10, 1999 To: Utility Advisory Committee FROM: Bob Titus, Deputy Director of Utility Services SUBJECT: Telecommunications & Fiber Optics On May 26, 1999 representatives from RW Beck made a presentation on telecommunications and fiber optics. The full UAC and most City Council members were in attendance and lots of good questions were asked of the presenters. At the end of the handout that was distributed at the meeting was a section on developing a practical action plan. An outline of their recommended process is attached. Staff has attended several seminars and has looked into some aspects of providing telecommunications infrastructure and/or fiber optics. Staff has also held informal discussions with US West, the PUD and the EDC. These discussions have been very general because at this point the City Council has not been asked nor have they given any indication that they would like staffto formally pursue the issue of City involvement in telecommunications and fiber optics. At this point staff would like to move towards having a feasibility study completed to determine the desirability of the City getting into the telecommunications business at least to the extent of providing the infrastructure either directly or in partnership with others. In order to do this we need clear direction from the UAC and City Council. Action to be taken: Recommend to the City Council that they go on record as supporting the concept of the City entering into the telecommunications field and authorizing staff to devote the resources necessary to follow the attached action plan up to and including issuing an RFP for a feasibility study. Estimated time: 20 minutes. N:/PWKS/LIGHT/DIRECTOPdMEMOS/TELECOM.WPD DEVELOPING A PRACTICAL ACTION PLAN 1. Initiate Effort a. Dedicate necessary internal resources b. Select outside assistance c. Develop detailed work plan d. Select other regional parties who wish to participate e. Set realistic expectations 2. Conduct Initial Research Identify what other utilities and municipalities are doing b. Identify legal/regulatory constraints Evaluate technology alternatives d. Identify potential operational savings e. Identify potential revenue opportunities f. Identify current and potential competitors 3. Complete Feasibility Study a. Select preliminary set of applications b. Develop conceptual system design c. Identify all costs and benefits (1) Operational efficiencies (2) Improved customer service (3) New revenue streams d. Develop preliminary financial projections e. Conduct sensitivity analysis 4. Develop Dra~ Business Plan a. Develop mission statement b. Develop short-term and long-term objectives c. Develop marketing strategy d. Develop technology strategy e. Develop operations strategy f. Develop organizational plan g. Develop risk mitigation strategy h. Identify target strategic partners 5. Develop Detailed System Design a. Finalize selection of technologies b. Finalize system design c. Develop protocols d. Complete detailed cost estimate 6. Conduct Pilot Programs a. Test all criteria parameters b. Select relevant size, demographics and topology c. Carefully assess results d. Document lessons learned e. Feed results back into planning process 7. Refine Business Plan a. Incorporate lessons learned b. Revise business plan c. Secure necessary approvals to proceed 8. Full Implementation a. Roll out technology, operations, and marketing plans b. Monitor results c. Make mid-course corrections as necessary