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HomeMy WebLinkAbout2019.04.08 Council Workshop PacketWorkshop Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. April 8, 2019 Page 1. CALL TO ORDER: 2. ROLL CALL: (a) Pledge of Allegiance 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: 3 - 9 (a) Presentation - Cemetery Update Presented by Zach Ratkai, A&CS Director 10 - 17 (b) Pacific Power Franchise Renewal 5. MISCELLANEOUS COUNCIL DISCUSSION: 6. EXECUTIVE SESSION: 7. ADJOURNMENT. REMINDERS: Monday, April 8, 12:00 p.m.; Pasco Chamber of Commerce Lunch Meeting - Pasco Red Lion Monday, April 8, 6:00 p.m.; Old Fire Pension Board - Pasco City Hall Conference Room 1 (Mayor Watkins, Rep.; Councilmember Maloney, Alt.) Tuesday, April 9, 6:00 p.m.; City of Pasco Volunteer Appreciation - Chiawana High School Cafeteria Thursday, April 11, 7:00 a.m.; BFCG Tri-Mats Policy Advisory Committee - Cousin's Restaurant (Pasco) (Councilmember Alvarado, Rep.; Councilmember Serrano, Alt.) Thursday, April 11, 7:00 p.m.; Ben-Franklin Transit Board - Transit Facility (Mayor Watkins, Rep.; Councilmember Alvarado, Alt.) This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Page 1 of 17 Workshop Meeting April 8, 2019 Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability. (Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad.) Page 2 of 17 AGENDA REPORT FOR: City Council April 4, 2019 TO: Dave Zabell, City Manager Workshop Meeting: 4/8/19 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: Presentation - Cemetery Update I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Presented by Zach Ratkai, A&CS Director III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The City of Pasco assumed operations of the cemetery in 1922. Currently, with over 12,500 burials in its history, City View Cemetery is not only a vital community facility, but also a large part of the City's history. The cemetery is managed by the City's Administrative and Community Services (ACS) Department. As ACS the administers the cemetery revenue and expenditure budgets, it has the responsibility to note trends, adjust practices and/or recommend adjustments to fees and charges to sustain the operation. Staff will provide and overview of operations, current challenges, along with some preliminary thoughts on financial and operational adjustments for Council future consideration. V. DISCUSSION: Overview of the history of City View Cemetery, its current operations and sustainability assessment and future trends. Page 3 of 17 Cityview Cemetery April 8, 2019 Page 4 of 17 Cityview Cemetery -Located at 1300 N. Oregon Ave -Deeded to the City of Pasco in 1922 -13 acres currently -2 employees, plus seasonal help Page 5 of 17 Cityview Cemetery -Two Year Budget Outlay Year Beginning Fund Balance Revenues Expenditures Ending Fund Balance 2019 $40,011 $257,700 $268,963 $28,748 2020 $28,748 $260,500 $280,133 $9,115 Page 6 of 17 Cityview Cemetery Programs -Memorial Day -Heritage Day -Others Page 7 of 17 Cityview Cemetery Issues and Opportunities Monument/Gravestone Regulation Maintenance Perpetual Standard Fencing Security Theft Pet Cemetery ADA Accessible Memorial Area Page 8 of 17 Pasco City Council Meeting April 8, 2019 Page 9 of 17 AGENDA REPORT FOR: City Council March 29, 2019 TO: Dave Zabell, City Manager Workshop Meeting: 4/8/19 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Pacific Power Franchise Renewal I. REFERENCE(S): Proposed Ordinance Vicinity Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: Pacific Power Corporation operates an electrical transmission line which runs from Pasco east to Highway 12 and into Walla Walla County. Pacific Power's substation is located near the Port of Pasco dock on the Columbia River, west of the railroad bridge. Pacific has a franchise with the City in order to place its lines within city rights-of-way. The franchise has been in place for decades. The current franchise, for a 10 year term, was approved by Council in October 2008 (Ordinance No. 3882) and extended for 6 months last October. Staff has worked with Pacific to reach agreement on a successor franchise document for consideration by Council. V. DISCUSSION: as length in shorter significantly agreement franchise new proposed, The is unnecessary language has been deleted from the expiring agreement. (As the utility's line is only for transmission purposes, much of the previous language has been determined franchise to be irrelevant.) Staff recommends approval of the new agreement for a 10 year term, as contained in the attached ordinance. Page 10 of 17 1 ORDINANCE NO. ______ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, GRANTING TO PACIFICORP, AN OREGON CORPORATION DOING BUSINESS AS PACIFIC POWER & LIGHT COMPANY, A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, INSTALL, OPERATE, AND MAINTAIN AN ELECTRICAL POWER TRANSMISSION SYSTEM IN, ON, OVER, UPON, ALONG, AND ACROSS CERTAIN DESIGNATED PUBLIC RIGHTS- OF-WAY OF THE CITY OF PASCO, WASHINGTON, PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS, AND CONDITIONS WITH RESPECT HERETO, AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, PacifiCorp d.b.a. Pacific Power (the “Company”) is a regulated public utility that provides electric power and energy to the neighboring City of Burbank and other surrounding areas of the City of Pasco (the “City”); WHEREAS, providing electrical power and energy to these areas requires the installation, operation and maintenance of power poles and other related facilities to be located within certain public ways of the City; WHEREAS, the City desires to set forth the terms and conditions by which PacifiCorp shall use these public ways of the City; NOW, THEREFORE, be it ordained by the City: SECTION 1. Grant of Franchise and General Utility Easement. The City hereby grants to PacifiCorp the non-exclusive right, privilege and authority to construct, maintain, operate and upgrade its transmission lines and related appurtenances, including underground conduits and structures, poles, towers, wires, guy anchors, vaults, transformers, transmission lines, and communication lines (collectively referred to herein as “Electric Facilities”) in, under, along, over and across the streets, alleys, public ways and public places (collectively referred to herein as “Public Ways”) within the City, for the purpose of supplying and transmitting electric power and energy to residents of the City of Burbank and surrounding areas. The Grantee shall not acquire any rights hereunder to furnish electric power or energy to City or its inhabitants. SECTION 2. Term. The term of this Franchise and General Utility Easement is for ten (10) years commencing on the date of acceptance by the Company as set forth in Section 18 below. SECTION 3. Non-Exclusive Franchise. The right to use and occupy the Public Ways of the City shall be nonexclusive and the City reserves the right to use the Public Ways for itself or any other entity; provided, however, that such use shall not unreasonably interfere with PacifiCorp’s Electric Facilities or PacifiCorp’s rights granted herein. Page 11 of 17 2 SECTION 4. City Regulatory Authority. In addition to the provision herein contained, the City reserves the right to adopt such additional ordinances and regulations as may be deemed necessary in the exercise of its police power for the protection of the health, safety and welfare of its citizens and their properties or exercise any other rights, powers, or duties required or authorized, under the Constitution of the State of Washington, the laws of Washington or City Ordinances. SECTION 5. Indemnification. The City shall in no way be liable or responsible for any loss or damage to property or any injury to, or death, of any person that may occur in the construction, operation or maintenance by PacifiCorp of its Electric Facilities. PacifiCorp shall indemnify, defend and hold the City harmless from and against claims, demands, liens and all liability or damage of whatsoever kind on account of PacifiCorp’s use of the Public Ways within the City, and shall pay the costs of defense plus reasonable attorneys' fees for any claim, demand or lien brought thereunder. The City shall: (a) give prompt written notice to PacifiCorp of any claim, demand or lien with respect to which the City seeks indemnification hereunder; and (b) unless a conflict of interest exists between the City and PacifiCorp with respect to such claim, demand or lien, permit PacifiCorp to assume the defense of such claim, demand, or lien with counsel reasonably satisfactory to City. Notwithstanding any provision hereof to the contrary, PacifiCorp shall not be obligated to indemnify, defend or hold the City harmless to the extent any claim, demand or lien to the proportionate extent it is caused by any negligent or willful act or failure to act of the City or any of its officers, employees or contractors (of any tier). SECTION 6. Planning, Design, Construction and Installation of Company Facilities. 6.1 All Electrical Facilities installed or used under authority of this Franchise shall be used, constructed and maintained in accordance with applicable federal, state and city laws, codes and regulations. 6.2 Except in the case of an emergency, PacifiCorp shall, prior to commencing new construction or major reconstruction work in the public way or street or other public places, apply for a permit from the City which permit shall not be unreasonably withheld, conditioned, or delayed. PacifiCorp will abide by all applicable ordinances and all reasonable rules, regulations and requirements of the City, and the City may inspect the manner of such work and require remedies as may be necessary to assure compliance. Notwithstanding the foregoing, PacifiCorp shall not be obligated to obtain a permit to perform emergency repairs. 6.3 All Electric Facilities shall be located so as to cause minimum interference with the Public Ways of the City and shall be constructed, installed, maintained, cleared of vegetation, renovated or replaced in accordance with applicable rules, ordinances and regulations of the City. 6.4 If, during the course of work on its Electrical Facilities, PacifiCorp causes damage to or alters the Public Way or public property, PacifiCorp shall (at its own cost and expense and Page 12 of 17 3 in a manner approved by the City) replace and restore it to a condition comparable to that which existed before the work commenced. 6.5 Subject to approval by PacifiCorp in each case and entry by the City into a standard pole attachment agreement, the City shall have the right without cost to use all poles and suitable overhead structures owned by PacifiCorp within Public Ways for City wires used in connection with its fire alarms, police signal systems, or other communication lines used for governmental purposes; provided, however, any such uses shall be for activities owned, operated or used by the City for a public purpose and shall not include the provision of CATV, internet, or similar services to the public. Provided further, that PacifiCorp shall assume no liability, nor shall it incur, directly or indirectly, any additional expense in connection therewith, and the use of said poles and structures by the City shall be in such a manner as to prevent safety hazards or interferences with PacifiCorp's use of same. Nothing herein shall be construed to require PacifiCorp to increase pole size or alter the manner in which PacifiCorp attaches its equipment to poles or alter the manner in which it operates and maintains its Electric Facilities. City attachments shall be installed by qualified workers and maintained in accordance with PacifiCorp’s standard requirements and the current edition of the National Electrical Safety Code pertaining to such construction. Further, City attachments shall be attached or installed only after entering into a standard pole attachment agreement with PacifiCorp and receiving written approval by PacifiCorp, which approval shall not be withheld, conditioned or delayed in a manner than is inconsistent with PacifiCorp’s standard pole attachment approval protocols and procedures. 6.6 Before commencing any street improvements or other work within a Public Way that may affect PacifiCorp’s Electric Facilities, the City shall give written notice to PacifiCorp. 6.7 No structures, buildings or signs shall be erected in a location that prevents PacifiCorp from accessing or maintaining its facilities. SECTION 7. Relocation of Electric Facilities. 7.1 The City reserves the right to require PacifiCorp to relocate overhead Electric Facilities located within the Public Ways by virtue of the rights set forth herein when it is in the interest of public convenience, necessity, health, safety or welfare at no cost to the City. Within a reasonable period of time after written notice, PacifiCorp shall promptly commence the overhead relocation of its Electrical Facilities. Before requiring a relocation of Electric Facilities, the City shall, with the assistance and consent of PacifiCorp, identify a reasonable alignment for the relocated Electric Facilities within the Public Ways of the City. 7.2 PacifiCorp shall not be obligated to pay the cost of any relocation that is either required or made a condition of a private development. If the removal or relocation of facilities is caused directly or otherwise by an identifiable development of property in the area, or is made for the convenience of a customer, PacifiCorp may charge the expense of removal or relocation to the developer or customer. For example, PacifiCorp shall not be required to pay relocation Page 13 of 17 4 costs in connection with a road widening or realignment where the road project is made a condition or caused by a private development. In such event, PacifiCorp shall not be obliged to perform any relocation until the costs of such relocation have been paid to PacifiCorp by such developer. In addition, in such case, as applicable, the City shall assign or otherwise transfer to Company all rights it may have to recover the cost for the relocation work and shall support the efforts of PacifiCorp to obtain reimbursement. SECTION 8. Vegetation Management. PacifiCorp or its contractor may prune all trees and vegetation which overhang the Public Ways, whether such trees or vegetation originate within or outside the Public Ways, to prevent the branches or limbs or other part of such trees or vegetation from interfering with PacifiCorp’s Electrical Facilities. Such pruning shall comply with the American National Standard for Tree Care Operation (ANSI A300) and be conducted under the direction of an arborist certified with the International Society of Arboriculture. A growth inhibitor treatment may be used for trees and vegetation species that are fast-growing and problematic. Nothing contained in this Section shall prevent PacifiCorp, when necessary and with the written approval of the owner of the property on which they may be located, from cutting down and removing any trees which overhang streets. SECTION 9. Renewal. At least 120 days prior to the expiration of this Franchise, PacifiCorp and the City shall meet in attempt to either agree to extend the term of this Franchise for a mutually acceptable period of time or to use best faith efforts to renegotiate a replacement franchise. So long as the parties are negotiating in good faith for such extension or replacement franchise, PacifiCorp shall have the continued right to use the Public Ways of the City as set forth herein in the event an extension or replacement Franchise is not entered before the date of expiration of this Franchise, otherwise the franchise will expire at the end of the term. SECTION 10. No Waiver. Neither the City nor PacifiCorp shall be excused from complying with any of the terms and conditions of this Franchise by any failure of the other, or any of its officers, employees, or agents, upon any one or more occasions to insist upon or to seek compliance with any such terms and conditions. SECTION 11. Transfer of Franchise. PacifiCorp shall not transfer or assign any rights under this Franchise to another entity, except transfers and assignments by operation of law, unless the City shall first give its approval in writing, which approval shall not be unreasonably withheld; SECTION 12. Amendment. At any time during the term of this Franchise, the City, through its City Council, or PacifiCorp may propose amendments to this Franchise by giving thirty (30) days written notice to the other of the proposed amendment(s) desired, and both parties thereafter, through their designated representatives, will, within a reasonable time, negotiate in good faith in an effort to agree upon mutually satisfactory amendment(s). No amendment or amendments to this Franchise shall be effective until mutually agreed upon by the City and PacifiCorp and formally adopted as an ordinance amendment. Page 14 of 17 5 SECTION 13. Notices. Unless otherwise specified herein, all notices from PacifiCorp to the City pursuant to or concerning this Franchise shall be delivered to the City Clerk's Office, City of Pasco, 525 N. 3rd Avenue, Pasco, Washington 99301. Unless otherwise specified herein, all notices from the City to PacifiCorp pursuant to or concerning this Franchise shall be delivered to the Customer and Community Affairs Vice President, Pacific Power, 825 NE Multnomah, Lloyd Center Tower Suite 2000, Portland, Oregon 97232, and such other office as PacifiCorp may advise the City of by written notice. SECTION 14. Insurance. PacifiCorp shall maintain in full force and effect, at their own cost and expense, during the term of this franchise, comprehensive general liability insurance in the amount of $5,000,000 combined single limit for bodily injury and property damage. PacifiCorp shall provide a certificate of insurance designating the City as an additional insured. The foregoing requirements may be met by PacifiCorp’s self-insurance program. SECTION 15. Severability. If any section, sentence, paragraph, term or provision hereof is for any reason determined to be illegal, invalid, or superseded by other lawful authority including any state or federal regulatory authority having jurisdiction thereof or unconstitutional, illegal or invalid by any court of common jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such determination shall have no effect on the validity of any other section, sentence, paragraph, term or provision hereof, all of which will remain in full force and effect for the term of the Franchise or any renewal or renewals thereof. SECTION 16. Waiver of Jury Trial. To the fullest extent permitted by law, each of the parties hereto waives any right it may have to a trial by jury in respect of litigation directly or indirectly arising out of, under or in connection with this agreement. Each party further waives any right to consolidate any action in which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived. SECTION 17. Dispute Resolution. In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the City Manager and PacifiCorp Community Affairs Vice President, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. SECTION 18. General Provisions. 18.1 The Grantee shall file its written acceptance of this franchise with the City Clerk within sixty (60) days after its passage. 18.2 This ordinance shall take effect as soon as it shall be published as required by law, deposited and recorded in the office of its City Clerk and accepted as required herein. Page 15 of 17 6 18.3 The provisions of Chapter 15.70 of the Pasco Municipal Code shall be considered incorporated herein by reference and franchisee agrees to abide by all said requirements, with the exception of all undergrounding requirements, which shall hereby be waived with respect to this transmission line franchise. PASSED by the City Council of the City of ________, Washington this ____ day of ______________, 2019. MAYOR ____________________________________ Matt Watkins ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY ___________________________________ _______________________________ Angela Pashon Kerr Law Group Page 16 of 17 V :I11 u....{.‘,. 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