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Home My WebLink AboutAgenda Packet 08/11/2009 Utility Advisory Committee Public Works conference Room Port Angeles, W A 98362 August 11, 2009 3:00 p.m. AGENDA I. Call To Order II. Roll Call III. Approval Of Minutes For July 14,2009 N. Late Items V. Discussion Items A. Lower Elwha Klallam Tribe Valley Access Road B. Bonneville Power Administration Wholesale Power Rate Adjustment VI. Next Meeting Date: September 8, 2009 VI. Adjournment N:\uac\final\081109 UTILITY ADVISORY COMMITTEE g- ~~ -~o.9 GUEST SIGN UP SHEET PRINT NAME N: \PWKS\LIGHT\ CONS \ CATE \SIGNUP.wpd ORGANIZATION CL.ALL AF\\. Co~ & Utility Advisory Committee Public Works Conference Room Port Angeles, W A 98362 July 14, 2009 3:00 p.m. DRAFT L Call To Order Chairman Reed called the meeting to order at 3:00 p.m. IL Roll Call Members Present: Chairman Reed, Dan Di Guillo, Betsy Wharton, Karen Rogers, Orville Campbell, Elizabeth Butler Members Absent: None Staff Present: Kent Myers, Bill Bloor, Glenn Cutler, Yvonne Ziomkowski, Dan McKeen, Larry Dunbar, Steve Sperr, Phil Lusk, Dennis McBride, Rick Hostetler, Cate Rinehart Others Present: Lynn Johnston - Wave Broadband Craig Johnson - Capacity Provisioning Inc Carol Brown - Lower Elwha Klallam Tribe Gary B Schrier - Wave Broadband Happy Longfellow - Parametrix Ross Tyler - ClaIlam County Lee Afflerbach - Columbia Telecommunications Corporation (Via Video eleconference) III. Approval Of Minutes Chairman Reed asked ifthere were any corrections to the minutes of May 12, 2009. Councilmember Rogers moved to approve the minutes. Councilmember Wharton seconded the motion, which carried unanimously. Chairman Reed asked if there were any corrections to the minutes of June 3 and June 4, 2009. Councilmember Rogers moved to approve the minutes. Orville Campbell seconded the motion, which carried unanimously. IV. Late Items: EUGA Service Charge Order Number Three V. Discussion Items: A. Medic 1 Ambulance Transport Rate Adjustments Utility Advisory Committee July 14,2009 Dan McKeen, Fire Chief, advised that based on an audit ofthe CUlTent ambulance transport rates in comparing our rates against Medicare allowables and against the areas prevailing transport rates an adjustment needed to be made. The new Advanced Life Support service charge would cover the costs associated with those calls that require advanced life support treatment, which includes procedures like N administration, medication injections and defibrillation, but the patient receiving treatment is not transported. There was a brief discussion. Councilmember Wharton moved to recommend City Council adjust the Medic 1 transport and mileage charges, and to establish a new advanced life support service charge. Conncilmember Rogers seconded the motion, which carried unanimously. B. Lower Elwha Klallam Tribe Valley Access Road \' Carol Brown, Lower Elwha Klallam Tribe, and Happy Longfellow, Parametrix, distributed a handout and gave a powerpoint presentation based upon that information. It was requested that the City allow a new road to be constructed to access the reservation at the mouth of the Elwha River. There was a lengthy discussion. Councilmember Rogers moved to endorse the project to continuing work among the three agencies staff. Orville Campbell seconded the motion, which carried un animously. C. Network Needs Assessment And Public Safety Considerations Councihnember Rogers furnished full disclosure of her relationship with Capacity ProVisioning, Inc. and stated that she would abstain from voting if requested. Lee Afflerbach, Colmnbia Telecommunications Corporation, gave a powerpoint presentation noting that equipment and facilities need to be upgraded for an integrated system. A discussion followed. Councilmember Wharton moved to recommend City Councill) accept the recommendation of CTC and authorize the City Manager to negotiate and execute an acceptable extension of the term of the I-Net services agreement with Capacity Provisioning, Inc.; and 2) authorize the Mayor to sign an amendment to the agreement with Colnmbia Telecommunications Corporation in an mount not to exceed $87,070 to proceed with a request for proposal and grant application, and authorize the City Manager to execute minor modifications to the agreement, if necessary. Orville Campbell seconded the motion, which carried unanimously. D. American Recovery And Reinvestment Act Block Grant Applications Utility Advisory Committee July 14, 2009 Phil Lusk, Power Resources Manager, advised that the American Recovery and Reinvestment Act of2009 created a program to provide financial assistance to improve energy efficiency in the building, transportation, and other sectors. There was a brief discussion. Councilman Di Guilio moved to recommend City Council authorize the City Manager to engage for consulting services to assist in the preparation of applications in an amount not to exceed $25,000 and for the Public Works and Utilities Director to submit applications under the Block Grant program and other Recovery Act Sources. Councilmember Wharton seconded the motion which was passed on a vote of four to one with Councilmember Rogers in opposition. E. Department Of Energy Smart Grid Investment Grant Application Phil Lusk, Power Resources Manager, announced that the US Department of Energy is currently soliciting applications for its Smart Grid Investment Grant that will provide grants of up to 50% of the cost of qualifying technology. There was a brief discussion. Councilman Di Guilio moved to recommend City Council authorize the City Manager to engage for consulting services to assist in the preparation of the application in an amount not to exceed $25,000 and for the Public Works and Utilities Director to submit an application under the Smart Grid Investment Grant program. Councilmember Wharton seconded the motion which was passed on a vote of four to one with Councilmember Rogers in opposition. F. Bonneville Power Administration SmartGrocer Agreement Phil Lusk, Power Resources Manager, explained that the City currently has a Program Service Agreement to conduct the EnergySmart Grocery program in its service territory. Thirty audits have been performed and three companies have participated. A discussion followed. Orville Campbell moved to recommend City Council authorize the Public Works and Utilities Director to sign the amendment and any subsequent amendments to the EnergySmart Grocer Agreement. Councilman Di Guillo seconded the motion, which carried unanimously. G. Net Metering Ordinance Amendment Phil Lusk, Power Resources Manager, advised that a housekeeping revision to the Port Angeles Municipal Code Section 13.10.065 had been prepared to ensure alignment with the terms of Chapter 80.60 RCW, as well as empowering the Department's Electrical Utility Advisory Committee July 14, 2009 Engineering Manager to establish consistent Customer Interconnection Standards. A discussion followed. Coulcilmember Rogers moved to recommend City Council amend P AMC Section 13.10.065. Councilman Di Guilla seconded the motion, which carried unanimously. H. EUGA Service Change Order #3 Steve Sperr, City Engineer, announced that that the final change order with Primo had been done. The final cost was $5.232 million and under budget. Information only. No action taken. VI. Information Only Items 1. Advanced Metering Infrastructure Project Phil Lusk, Power Resources Manager, noted that more than 60% of all Electric and Water Utility meters are beyond their. service life and recommends proceeding with an Advanced Metering Infrastructure project. This project is in the Capital Facilities Plan and was included in last year's cost of service studies. There was a brief discussion. Information only. No action taken. 2. Bonneville Power Administration Tier 2 Power Supply Larry Dunbar, Deputy Director of Power Systems, reminded the Committee that the City must make a commitment to BPA for Tier 2 power supply by November 1, 2009. A Strew Man proposal had been made that included selection of the BPA Short-Term Tier 2 rate alternative. A discussion followed. Information only. No discussion or action taken. 3. Washington State Department Of Ecology Clean Diesel Grant Information only. No discussion or action taken. 4. Conservation Rate Credit Renewables Option Information only. No discussion or action taken. 5. Bonneville Power Administration Outstanding Issues Update Utility Advisory Committee July 14, 2009 Information only. No discussion or action taken. 6. Utility Cost Of Service Study And Rate Studies Calendar Information only. No discussion or action taken. VIL Next Meeting Date: August 11,2009 VIlL Adjournment: The meeting was adjourned at 6:48 p.m. Chairman Reed Cate Rinehart, Admin Spec II N :\pwks\lightlcons\cate\july 14meet ~ORT .ANGELES WAS .H I N G TON, U. S. A. Utility Advisory Committee Memo Date: August 11, 2009 To: Utility Advisory Committee From: Stephen Sperr, P.E., Deputy Director of Engineering Services Subject: Lower Elwha Klallam Tribe Valley Access Road - Temporary Easement Summary: The Lower Elwha Klallam Tribe (LEKD has requested that the City allow a new road to be constructed to access their reservation at the mouth of the Elwha River, which would be partly located on City-owned property. Specifically, a temporary construction easement is being requested by the LEKT. Recommendation: Review the draft easement a~reement, and discuss the unresolved issues associated with fmalizine: the ae:reement. Background/Analy sis: The LEKT presented information to the Utility Advisory Committee (UA C) at its July 14, 2009 meeting regarding their request to the City in January of this year to support their efforts to fully fund and construct at least a temporary access road to their Reservation in the lower Elwha River valley. Information on the alignment of the road, the impact to City property and utilities, and proposed mitigation of those impacts was presented. At that time, City Public Works staff discussed with the UAC some of the critical issues that would need to be addressed before a recommendation to support the road would be made. TO date, some of these issues have been addressed, some have not, and new issues have become apparent. On August 4, the City received from the LEKT a draft easement document for the construction of a temporary road from Lower Elwha Road to the valley floor, connecting up with the south end of Stratton Road on the LEKT Reservation. City Public Works and Utilities stuff have completed an initial review of the document and its exhibits. While the alignment of the road is the same as previously discussed, some terms in the agreement are of concern. They are as follows: 1. The terms of the draft easement indicate the LEKT will grant the City a "temporary right of access to the City for use of service roads from the Elwha Valley Road across tribal trust lands Tribe r sic 1 for purposes of access to the Industrial Waterline Road north and south of the new road alignment for operation and maintenance activities 11 terminating after a five year. After execution of this agreement, "The Tribe will then petition the United States N:\UAC\DepDirILEKT Valley Access Road Temporary Easementdoc LEKT Valley Access Road - Temporary Easement August] ], 2009 Page 2 Department of the Interior, Bureau ofIndian Affairs fora permanent easement for service road access crossing Tribal Trust Land." This is contrary to our specific request that this be conveyed as a permanent easement under the terms of this construction easement. It needs to be permanent so that the City has certainty that it can continue to access its Industrial Water Line (IWL), serving Nippon Paper Industries, in case the permanent public road does not become a reality, or the BIA does not grant a permanent easement. 2. The document has not undergone a legal review. One issue that may be of concern is the issue of waiving of Tribal "sovereign immunity" under the terms of this agreement. 3. N either the LEKT nor the County has formally committed to ensuring that the City will not beheld financially responsible for the incremental difference in cost for repairing damage resulting from a water line break to a new road prism or paved section of road. Whil e this issue is not a specific issue that needs to be resolved in terms of this agreement, there needs to be more certainty before the City can comfortably move towards a permanent road. In addition, while the terms of this agreement do not appear to explicitly commit the City to allowing a permanent paved road, it implies that commitment in several sections of the document. The draft easement and its Exhibits are attached to this memo for your use. It is clear that some of the wording will have to change before a positive recommendation can be made by City staff. While it is likely that most of needed changes can be worked out to the mutual satisfaction of both parties, the first issue listed above (granting a permanent City access to its Industrial Water Line across Tribal Trust lands) may not be resolvable in the short time frame requested by the Tribe. And there may be additional issues identified when a legal review is completed. Attachment: draft Easement Agreement and its 4 Exhibits AFrER RECORDING, MAIL TO; Lower Elwha Klallam Tribe Attn; Marilyn Edgington, Legal Records CI erk 2851 Lower Elwha Road Port Angeles, WA 98363 Grantor: Grantee: CITY OF PORT ANGELES LOWER ELWHA KLALLA LOWER ELWHA TRIBAL 073002-140050,073002-2 073002- I 40225, and 07300 THE Tax Nos.: THIS EASEMENT AG Angeles, a municipal corporati Elwha K1allam Tribe ("Tribe"), a its assigns. A. a 2. I mile new primary access road ("the ervation, in order to provide alternative B. ccess 'lI intersect a 150-foot-wide strip ofland trial water pipeline ("Industrial Line"), in, over, and ent intends to grant a temporary construction C. WHEREAS, Tribe intends in this document to ant a temporary right of access to the City for use of service roads from the El Road across tribal trust lands Tribe for purposes of access to the Industrial Road north and south of the new road alignment tor operation and maintenance activities; D. WHEREAS, the City owns a 100-foot-wide strip of land, being the former Seattle, Port Angeles, and Lake Crescent Railway right-of-way, also known as Milwaukee Railroad Grade ("MRRG"), in the Elwha Valley Access Road project area over which approximately 0.6 mile of the road will be located, and within which the City's Municipal Line is currently located; Page I of9 E. WHEREAS, the City by this document intends to grant a temporary construction easement to the Tribe in, over, under and across MRRG to construct the Elwha Valley Access Road; F. WHEREAS, pursuantto a future agreement of the City, Tnoe, and County, the Tribe intends to relocate the sectio . 's Municipal Line currently located in a deep ravine within MRRG to the fill across .the ravine at the westerly end of Kacee Way, said fill located on private property a to and south of MRRG in the Northwest Quarter, Southwest Quarter, Nort r of Section 2, Township 30 North, Range 7 West, W.M.; 1. temporary easement ction access, to Discovery Trail G. WHEREAS, Clallam County through i over MRRG in the project area fo terminate on 12/30/09, as well as a pe (including utilities); H. I. t f mity the City enters this temporary easement struction of preliminary road phases during the 2009 K WH EREAS, the lallam County, and the Tribe intend to execute a separate agreement regarding additional phases of development for the Elwha Valley Access Road, including, but not limited to permanent rights of access, paving, designating it as a public road, and roles, rights, and responsibilities of the aforementioned parties; NOW, THEREFORE, in consideration of the mutual benefits, promises, agreements, and covenants contained herein, the City grants and conveys to the Tribe, its successors, and assigns, a temporary, non-exclusive, construction easement in, on, over, and across that Page 20f9 certain real property described in Legal Description of Tribal Temporary Easement Area #1 along the Milwaukee Railroad Grade (Kacee Way, inclusive); Exhibit 2, Legal Description of Tribal Temporary Easement Area # 2, crossing the Industrial Pipeline Right of Way, both Exhibits incorporated herein by reference and shown on EXhilli(3, Map showing City ofPort Angeles and Lower Elwha Klallam Tribe Easement A greement, also incorporated herein by reference, which conveyances shall be for the location, construction, operation, maintenance, replacement, and/or removal of roads and highways and appurtenances thereto; TOGETHER WITH the right to trim, cut, fell, and re other vegetation, structures, or obstacles withi RESERVING, however, to the landowner, its interest, and privileges not expressly granted; SUBJECT TO those liens, claims, and en Auditor's Office and existing easements railroads and pipelines not on record at sa. ts to the City, it successors, gns, a temporary , on, over, and across that certain real property, as shown erbrush, obstructions, and its of the right-of-way d assigns, all right, title, of Port Angeles and orporated herein by reference the City's Industrial Line and defined as an as-built following c States Department of the Int servic d access crossing Lower Klallam Tribe allam Tribe Easem perating, maintainin ng I description for this access will be Tribe will then ited an Affairs for a perm for Also attached for reference is Exhibit 4, 1. rant Easement. The parties covenant and warrant in the real property described in the attached ority, to make the commitments in and to execute 2. ents. The parties expressly agree that these easements are non-exclusive. N nding the non-exclusivity of these easements, each party agrees that the other WIll be free of interference. Interference is: a. Physically placing or allowing physical placement of an object or objects on or near the easement areas so that the parties, their assigns, contractors, subcontractors, agents, and employees cannot conveniently perform the activities described herein. Page 30f9 b. Not taking reasonably practicable actions to remove obstructions not placed or authorized by a party. Accordin gly, the parties will not assign, grant, or license rights in the easement areas that are likely to prevent or will prevent the other party from conveniently performing the activities described above. 3. Easement ShaD Run with the Land. The partie easement s shall run with the land, and that the restrictions of these easements will be binding parties, their successors, and assigns, and wi the land. pressly intend that these ts, terms, conditions, and inure to the benefit of the a servitude running with 4. City Access on City Property. The City shall have access over all portions ofElwha Valley Access Road outside the Lower Elwha Reservation, inc those portions on City-owned property. 5. provided with a meaningful and provide comments on in 14 calendar days). The ement and modification 6. rs. The parties acknowledge and agree may be exercised by contractors, sub- 7. The es will take all economically reasonable Ity loss, waste, and nuisances upon, within, and to 8. Rights ed to t ty. The City's temporary right of access conveyed herein shall be to utilize service roads, to be constructed by Tribe, from the Elwha Valley Road to acces ial Waterline Road for purposes of operating, maintaining and repairing its I Line and Municipal Line. 9. Rights Conveyed to the Tribe. The following terms are expressly delineated as part of the temporary easement granted herein to the Tribe: a. Construction, Erection, and Storage of Equipment. The right to transport in, erect, and store equipment and materials, including, but not limited to, modular structures, trailers, tractors, trucks, cars, and other vehicles. The right to stage, Page 40f9 assemble, and/or mobilize equipment, materials, and necessary support facilities and supplies. b. Utilities. The right to relocate utilities and related appurtenances, subject to initial consultation with the City, and any other necessary initial consultation with utility companIes. 10. Continued Access By City. None 0 result in any limitation of the City including, but not limited to, the Municipa c. Alteration of Land. The right to remove a obstructions, and structures. The right to alt A forementioned activities include, but are of soil, sand/gravel, bushes, shrubbery, pi or filling with soil, sand, gravel, and ro vegetation, land, graphy and/or landscape. to, excavation or removal d natural vegetative litter, tting an removing any trees the City able for the City's purposes, and will .11 not cause delay in any part of the ey Access Road, including, but not for personal injuries or property damage caused by th e of the Federal Tort Claims Act, 28 U.S.C SS 2671 et .cable by the Indian Self-Determination Act, 25 U.S.c. ~ 450f, Pub.L. 3, as amended by Pub.L. 103-138, S 308, the Tribe shall indemnify and ty harmless for any costs, penalties, damages, claims, and liabilities, includl rt costs and reasonable attorneys' fees, which the City may incur as a result 0 or arising out of (a) the breach or violation of this Easement Agreement by the Tribe, and (b) the negligent or intentionally wrongful activities of the Tribe, its lessees, contractors, subcontractors, agents, employees, or guests. Indemnification shall survive termination or expiration of this Easement Agreement or any portion thereof. Page 50f9 14. Liability of City. The City shall be liable, to the extent allowed by law and subject to RCW 4.96.020 providing for the filing of tort claims against the City, for personal injuries or property damage resulting from the negligent or wrongful act or omission of any City employee while acting within the scope of his or her employment, provided that the City shall indemnify and hold the Tribe harmless for any costs penalties, damages, claims, and liabilit ies, including court costs and reasonable attorneys' fees, which the Tribe may incur as a result of or arising out of (a) the breach or violation of this Easement Agreement by th .ty, and (b) the negligent or intentionally wrongful activities of the City, its I ontractors, subcontractors, agents, employees, or guests. Indemnification s e termination or expiration of this Easement Agreement or any portion th o will reduced third party then the parti notification of c any construction or to this Ease Agreement of, or complian with, any .tten notice of that issue to the ys of the written notice in an in thirty (30) days of the is not an employee, together those persons will party shall make its choice ermination that resolution has not been chosen by those parties no later than that resolution has not been achieved. tual agreement of the parties or by one ditiona time. The parties will each designate an pprove a resolution of the issue, and that official n, the mediation. Mediated settlements will be party to the dispute will share equally in the cost of the lution through non-binding mediation is still not achieved, ther legal remedies available to resolve the dispute. No ent of the mediation process shall shut down or suspend tenance activity authorized under these easements. 15. Cooperation. The parties shaD coo defense of any claims that may be fi arising out of the activities authorized 17. Captions. The captions in this instrument have been inserted solely for convenience of reference, are not a part of this Easement Agreement, and shall have no effect upon construction or interpretation. 18. Notice. Unless otherwise notified in writing by the other party, any notification, demand, request, consent, approval, or communication that a party is required or Page 60f9 desires to give to under the provisions of this Easement Agreement shall be in writing and delivered by person or mail to the appropriate address below: If to the City: City Manager City of Port Angeles 321 East 5th Street P.O. Box 1150 Port Angeles, W A 98362-0217 If to the Tribe: and recorded at the Community Development Directo Lower Elwha Klallam Tribe 2851 Lower Elwha Road Port Angeles, W A 9836 By written notice to the other within this provision. 19. Recordation. Clallam Co 20. Term of Temporary Construction Easement to Tribe. The Tribe's temporary construction easement granted herein shall terminate five (5) years from the date of .re,~~rding at Auditor',s()ffice. ~~ 21. Term grant an e Dep easement of the p The City' t of the approved by the United States Tribe's temporary construction ess modified by other agreement TO HAVE AND TO H D said easement and right of access unto the parties and their assigns, forever. Page 70f9 IN WITNESS WHEREOF, the City has hereunto set its hand this day of , 2009, as authorized by City Council Resolution _ -_. Gary Braun, Mayor City of Port Angeles I certify that I know or have satisfactory evi appeared before me, and said person ac oath stated that he was authorized to execu Mayor of the City of Port Angeles, to be the uses and purposes mentioned in document. the person who instrument, on ed it as the for the STA TE OF WASHINGTON) COUNTY OF CLALLAM )ss: ,2009. residing at My commission expires: rization follows on next pa~e. ** Page 80f9 IN WITNESS WHEREOF, the Lower Elwha KlallamTribe has hereunto set its hand this day of , 2009, as authorized by Tribal Council Resolution STA TE OF WASHINGTON) COUNTY OF CLALLAM )ss: I certify that I know or have satisfactory evidence that person who appeared before me, and said person ac instrument, on oath stated that was autho . acknowledged it as the free and voluntary act of such party for the document. is the that _ signed this the instrument and , to be the . ned in this ,2009. Page 90f9 FOR.TMGELES WAS H I N G TON, U. S. A. Utility Advisory Committee Memo Date: August 11, 2009 To: Utility Advisory Committee From: Phil Lusk, Power ResourcesManager Sub.iect: Bonneville Power Administration Wholesale Power Rate Adjustmenl Summary: The Bonneville Power A dministrati on released its final record of decision on wholesale power rates. The City has been provided a new "stepped-rate" option to have a portion of the rate increase effective this October and the remainder effective in October, 2010. Recommendation: While there maybe transcending policy decisions, consider forward ing a recommendation to the City Council to rejectthe stepped rate option. Background/Analysis: On July 21,2009, the Bonneville Power Administration (BP A) released its final record of decision on wholesale power rates which included a regional "average" rate increase of 7%. Staff estimates that the wholesale power rate adjustments will increase the City'stotal costof power and transmission purchases by roughly$1 ,884,000lyear or 9.00/0, when compared to 2008. The BP A will implement its rate increase on October 1, 2009, and the rates will remain in effect through September 2011. The BP A is also providing a new "stepped-rate" option, which allows customers to implement a portion of the rate increase this October and the remainder beginning October 2010. This option includes consideration of the BPA 's time value of money and should result in similar total revenues to the BPA. While the BPA is making this option available to its customers, it is not offering it at a rate that is favorable to its acceptance. The BP A used a 4.7% discount rate in calculating their time value of money. Based on economic theory, if an alternative short-term investment has a yield of greater than 4.7%, the stepped-rate option may be preferable. However, as the City's short-term investment yields are considerably less than 4.7%, it should probably reject the stepped-rate option. However, there may be policy decisions that transcend nominal economic theory in the consideration of its acceptance or rejection. A commitment to select the stepped rate option may have to be no later than September 18, 2009. If a commitment is made to select the stepped-rate option, the City may haveto accept an amendment to the Power Sales Agreement. The current understanding is that no action is required if the City rejects the stepped rate option. Staff will return to the Utility A dvisory Committee to present the Electric Utility cost of service study in September, which will include the estimated retail rate impacts of the wholesale power rate increase. N:\UAODepDirIBPA Wholesale Power Rate Adjustmeotdoc ~ if C'~EaHtMnls. = bbtnalPvoel:ne - Cjy oiPA Wlk1l1nt!' ,-""" OB~ [:je~ofP<<t~lU CCyOt~Ap2t\)O~ o [.,gwlrEhrhaXbUanTnboe 0- ExiSmCftoad::l lNtUridt G't) Do 0..3 0'.'0 lli!J1I.ZO .".., .'., 200 400 , ScaJc in Feet 1W32'3O"W 123'32'O'"W 123'31'W"N City of Port Angeles and Lower Elwha Klallam Tribe Easement Agreement: Exhibit 3 Easement Ar.. # 1, T empotlllY Construction E=>ont al""8 Milwaukee Railroad Grade EasemonlAr.. trl, TempomryCanstruction Easement crossing Irumslrial Pipeline of Way 1~2'3CrW 12JWO""N 123'31'30'\"1 j CYHNSTON End surveying 08/03/09 EXHIBIT 1 THAT PORTION OFTHE 100 FOOTWIDE FORMER RIGHTcIDFlWAY OFTHE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD LYING WITHIN THOSE PORTIONS OF BLOCKS 1,2,4 AND 5 OF PORT ANGELES REALTY AND INVESTMENT COMPANY'S FIRST ADDITION TO PORT ANGELES, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 48, RECORDS OF CLALLAM COUNTY, WASHINGTON, DESCRIBED IN DEEDS RECORDED AUGUST 13, 1957 AND JANUARY 21,1974 UNDER AUDITOR'S FILE NUMBERS 303540 AND 429791 LYING WESTERLY OF LOWER ELWHA ROAD AND EASTERLY OFTHE FOLLOWING DESCRIBED LINE: COMMENCING ATTHE NORTHWEST CORNER OF SECTION 2, TOWNSHIP 30 NORTH, RANGE 7 WEST, W.M., FROM WHICH THE NORTH QUARTER CORNER OF SAID SECTION BEARS NORTH 87047'51" EAST, A DISTANCE OF 2,543.91 FEET; THENCE SOUTH 49054'44" EAST, A DISTANCE OF 2,018.35 FEET TO THE TRUE POIN T OF BEGIN N IN G; THENCE NORTH 49041 '55" EAST, A DISTANCE OF 50ClFEET, MORE OR LESS, TO THE NORTHERLY LINE OF SAID FORMER RAILROAD RIGHTcIDFlWAY; THENCE SOUTH 49041'55" WEST, A DISTANCE OF 100 FEET TO THE SOUTHERLY LINE OF SAID FORMER RAILROAD RIGHTcIDFlWAY AND THE TERMINUS OF THIS DESCRIPTION. ALL BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE BASED ON THE WASHINGTON COORDINATE SYSTEM GRID, NORTH ZONE, DATU M OF 1983, ADJUSTED IN 1991 PER VOLUME 40 OF SURVEYS, PAGE 27, RECORDS OF CLALLAM COUNTY, STATE OF WASHINGTON. _ 540 W. Eighth Street, Port Angeles, WA _ 360.452. 0237 _ 360.452.0238 fax_ www.johnstonlandsurveying.com J CYHNSTON End surveying 08/03/09 EXHIBIT 2 THAT PORTION OF GOVERNMENT LOT 4 OF SECTION 2, TOWN SHIP 30 NORTH, RANGE 7 WEST. W.M., CLALLAM COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: A STRIP OFLAND, BEINGA PORTION OFTHE CITY OF PORT ANGELES' 150 FOOT WIDE INDUSTRIAL WATERLINE RIGHT%)FOWAY AS RECORDED UNDER AUDITOR'S FILE NUMBER 190255 AND SHOWN ON VOLUME 23 OF SURVEYS, PAGE 2, LYING 255 FEETNORTHEASTERLY AND 300 FEETSOUTHWESTERLY OFTHE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 2 FROM WHICH THE NORTH QUARTER CORNER OF SAID SECTION BEARS NORTH 8r47'51" EAST, A DISTANCE OF 2,543.91 FEET; THENCE SOUTH 56020'35" EAST, A DISTANCE OF 1 ,064.60 FEETTOCENTERLlNE STATION 73+14.11 OF THE PROPOSED ELWHA VALLEY ACCESS ROAD AND THE TR U E POIN T OF BEGIN N IN G; THENCE SOUTH 50033'53" EAST, ALONG SAID CENTERLINE, A DISTANCE OF 285.89 FEET TO TH E TER MIN U S OF TH E ABOVE%) ESC R IBED C EN TER L1N E. TH E SID E L1N ES OF SAID STR IP TO BE SH OR TEN ED OR EXTEN 0 ED TO TER MIN ATE ON TH E NOR TH WESTER L Y AN 0 SOU TH EASTER L Y BOU N 0 AR I ES OF TH E ABOVE% MENTIONED INDUSTRIAL WATERLINE RIGHTotOF"WAY. ALL BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE BASED ON THE WASHINGTON COORDINATE SYSTEM GRID, NORTH ZONE, DATU M OF 1983, ADJUSTED IN 1991 PER VOLUME 40 OF SURVEYS, PAGE 27, RECORDS OF CLALLAM COUNTY, STATE OF WASHINGTON. . 540 W. Eighth Street, Port Angeles, WA. 360.452. 0237 . 360.452.0238 fax. www.johnstonlandsurveying.com tower Elwha Klallam Tribe...2851 tower Elwha Road...Port Angeles, WA 98363 ! I I , ,. I I RESOLUTION tlk09 ELWHA VALLEV ROAD SERVICE ROAD ACCESS TO CITY OF PORT ANGELES AND CLALLAM COUNTY .... , WHEREAS, the Lower Elwha Community Council is the governing body of the lower Elwha Band of the Krallam Tribe in accordance wIth Its constitution and bylaws, approved by the Secretary ofthe Interior on April 29, 1968, and in accordance with the Indian Reorganization Act of June 18, 1934, and the Treaty of Point-No-Point of January 26, 1855; and WHEREAS, the Elwha Klallam Business Committee of the lower Elwha Community Is the duly elected representative body of the Tribe, and Is responsible for ensuring the Health, Safety, Education, Welfare, and Social and Economic Development, Natural Resources, law and Order, Judicial Services, Housing and to preserve and protect Culture and Treaty Rights, and otherwise promote the Interests of our Indian people; i I I r f WHEREAS, the Lower Elwha Klallam Tribe has prioritized construction of the Elwha Valley Road as their 1#1 Transportation Improvement Priority since prioritization began in 1996, and WHEREAS the preferred alignment across Reservation and Trust lands was adopted by lower Elwha K1allam Resolution 49-04 (August 2, 2004) and confirmed by Resolution 33-09 (June 30, 2009), and WHEREAS, the Tribe has resolved construct the Elwha Valley Road Phase 2 during the 2009 construction season (lEKT -34--09-), and i i I L [ , , WHEREAS, the alignment must cross certain properties to reach the upland bluffs above the Elwha Valley, and WHEREAS, the where the Elwha Valley Road alignment crosses property owned by the City of Port Angeles known as the Industrial Pipeline Right of Way the road profile will be apprOldmately 30 feet above grade, WHEREAS, the City of Port Angeles (City) and Clallam County (County) will require access' between the Elwha Valley Road and the Industrial Pipeline Road, ELWKA VAI.lEY ROAD SeftYl'~ ROADS P.Gf(1 ! ~ j:;J(H l 51 T ~1 lower Elwha Klallam Tribe...2851 Lower Elwha Road...Port Angeles, WA 98363 WHEREAS, the access will be used as service roads for operation and maintenance of the City's Industrial Waterline and for operation and maintenance of Elwha Valley Road storm water ponds that will be operated and maintained by Clallam County Road Department, and WHEREAS, the service roads will be constructed as part of Elwha Valley Road Project Phase 2, and \~ .. .-~ ", '\ l /1/ WHEREAS, subject service roads will not be open to the public and shall be gated prior to public road status for Elwha Valley Road, WHERfAS, following construction legal description from EI~ha Valley Road and service road as- built will be used to finalize Tribal Facility Dedication and easement to the City and County and to amend this Resolution, and Then let it be resolved, that the lower Elwha 1<laUam Tribe does hereby commit to construction of service roads from the Elwha Valley Road alignment to the Industrial Pipeline Right of Way, and Be it finally resolved that the Lower Elwha Klallam Tribe does hereby grant to the CIty of Port Angeles and Clallam County access across tribal lands using the above service roads. ELWlIA VAllEY ROAD S..V1CE ROADS P ,\ G E r 2 !. j ,. I ! i i I i lower Elwha Klallam Tribe...2851 Lower Elwha Road...Port Angeles, WA 98363 CERTIFICATION lower Elwha Klallam Tribe Resolutlon!J509 HALBERG LAND AND MINERAL RIGHTS ACQUISITION was presented to il quorum of the Lower Elwha Business Committee on July 28, 2009 who voted to adopt by the following vote: .:LFOR, J!....AGAINST, ~ABSTAIN Frances G. Charles, Chairwoman !;" ELWH~ VmEY ROAD SEll\l1CE ROM' I' A 0' 11 j,. ~ o '" ;.... Co ~ Construction Easements. = Industrial Pipeline - City ofPA Waterline _ Elwha Valley Access Rd. (prop.) = Olympic Discovery Trail - Streams Q Buildings D Road Base (prop.) [=-J City of Port Angeles City of P A parcels LmJ Lower Elwha Klallam Tribe D Parcels Existing Roads Tree Height (ft.) 00 01-3 04-10 011-20 D 21 - 60 .>60 o I 150 300 I I Scale in Feet 123032'30"W 123032'30'W 123032'O"W Inter-Local Agreement Elwha Valley Road 2009 DO Do o '0 , D D o 9 C:J!j 0) o . o o (;) c/J 600 I ~ .] <0 0 ~ G) o~ > 9 0 0 Q Iioo' " A. Permanent Construction Easement Crossing Industrial Pipeline of Way B. Temporary Construction Easement along Milwaukee Railroad Right of Way 123032'O.W 123031'30'W C:J N .J E o C:.j ~i o(J ~ ., i ~S~L s 00 ~ o '" ;.... Co ~ <JD D '0' ':::-::: . {;::;;] G '" o ~ G o C/) W '--- ~ i.{\~cr " o CJ 0 00 o QCJ b >- Lower Elwha Klallam Tribal G.1.8. Dept. Map prepared by: Randall E. McCoy EVA Construction Easement 09.mxd 8/3/09 123031'30"W ,... INDUSTRIAL WATER LINE PROTECTION (SEE DETAILS) ~" I" INDUSTRIAL WATER LINE SURGE TOWER .!!? Q.O .e>" Q.S ;- ., if 6- do v rC- :,d' \. OURSE (TYPICAL) 15' WIDE BASE C /-~ .,,- --"C'~", ~~CC~________\ \_ S SERVICE ROAD ____ \ ..............- -- -- - L.E.T 73+00 I I COUNTY EASEMENT\ ----- -'\ '~, '';'' , 77:"" \ \ '\ \~\~ val~__~ Blwha % _ _ _ - - - - - - - - - '\\..-- - \ \ - # \ \ \ ~, '"' 76+00 1- LET TEMPORARY . CONSTRUCTION EASEMENT ,/' /' /' /' S'\ 'V /' ()~ INFILTRATION POND /' :\ ~ /' :\jS /' '\~ /' \)S~ /' /' ;/ '% R~ cP FILE: elwha-RolIPlot 2 trlx DATE: Aug 10,2009 Parame ~ 60 ~ ~ SCALE IN FEET ' FiQureA1 VALLEY ROAD ELWH OWER AND TELEMETRY RE~ UGP ~ p -----' trlx DATE: Aug 10. 2009 p.r.~ FilE: elwha-RoIIPtot 2 60 o I I SCALE IN FEET ---:-=f>= -W e\\ \,>e~ \00 7-\0 007-' 01" - - ------ ----==19-... ~ ......;,.';----Vq-.....- .~ '7>!0. \-'io.\ 0000 7-,7-6, ()1 01,,00 'O,\f:,06() \99 f'''''' -.-.~_.- - TRIBAL PR~~~~DIARD) (EXCHANG - - - ~ ~~OO ~ ~,-- ----,--- - --- .,. ". '" -,-r ----..;;----- ---...o__'---..,,'__'=---=~,~:"---_,___ "::'_.._ _. ~.._ ELWHA VALLEY ROAD ----= _ , -1,,' 'C~ , . -- ~. blSCOVERY " TRAIL OLYMPIC -- 100' CITY PROPERTY ~ -- "'o~ ~ '7>!0. ~ :-)0.\ 000 Y 6,0 0_7- ()1 OD~ ()b() 01" 'O'$) \99 f'''''' ! L. ~~.- I~c" 91+00 ~ --~_. , AFN 471354 COPA WATER LINE RELOCATION BEGIN -~ I Figure 2 LLEY ROAD ELWHA VA \\ei\tt\ 00<::,0 n-\:' :,OO~ 01 A 19\ pft-l 1A w RELOCATE COPA WATER LINE RELOCATE COPA UG POWER + TELEMETRY \ \ \ ~ ~ \ X~0 f -1- COPA (073002-130150 ) AFN 471354 x ""'" I: OP W 100' CITY PROPERTY ~ p ~ '" W'~ w =-- _l --"'^---.:...-.-.-.... \\ei\1t\~ 00<::,0 n_\:' :,OO~ 01 A19\ 1 A -r-J pft-l CO\j~\ \ \.\j~$t~ t}.st~t~\) co~s\~\jC\\O~ Parametrlx DATE: Aug10,2009 .~ FILE: elwha-RoIlPlot_2 o I 60 I Figure 3 ELWHA VALLEY ROAD SCALE IN FEET " L,-:- WET seO 1.00~ 01 J i',t-I P- scot\. :,Q\'2.':> Q'2.-- Q1:,Q 90'0 000 ",t'" 02+00 .'. I.. o~~~i \)O'ot 00'2.':> '2.-\:' 01:,00 o AOOZ'O p,ft-l p .1 10' FILE: efwha-RoflP1oC2 o I 60 I SCALE IN FEET "- "> I, <2> ? 'bet C\e'let\ 90:,0 0'2.-\:' 01:,0 0,,>1010 p,<;,t-I p 100' CITY PROPERTY p 10Hoo - I lQ5+oo ELWHii.-V' LEY 'ROAD 1 l. .-r---- PIe- DISCOVERY TRAIL 7"- ./ / / /- / / '-. oet C\e'le~" 90:,0 0'2.-\:' 01:,0 0,,>1010 p,<;'''' <,1 '(c, "c" '("..- ,;-.o,?-" o~ c; ,0, ,,0" 106+00 1 " \\ \ \ \ \ \ \ r--r I I 1/ <> I \ .-.l L-.J>. 109+00 1 . 'et Sv\}tt" 00<00 0'2.-\1>. 01:,0 o\AOZ 5-\\ zoO p,<;,t-I p (073002-140150 ) v \\\}t\ei 907-0 07--\1>. 01:,Q 9'01"> ,l 1Z p,f" 0,<' '(c, <", '("..- ,;.a'?-" " c; o 'j." ,,0" . .I:'" v p 110+00 .~ ~ j .-;[" Parametrlx DATE: Aug 10, 2oo9 ~ Figure 4 ELWHA VALLEY ROAD p _.....-.-_1,1,1.+00 > /:. ., ~,- . . J" Parametrlx DATE: Aug 10,2009 ~ l3 'J'l- "C> "c,. ~"'S c,0 0' ,:>'0 ",O'v p -t 100' CITY PROPERTY 11?tOO. , t_-:-:-~tOO ELWHA VALLEY ROAD "'.,,""'j FILE: elwha-RoIIPlot_2 o I SCALE IN FEET ~ 60 I p 6 11' 11' ~l p.s.'be\e'i> ~yott yott 0 4Q~QQ ~_\ Q1:,QQt- ')zo9\O p,\'1'I COP~ ( 073002 140225) AFN 471026 o 114+00 1 -x ~ec'l. _\4\j\~'j \j1:,\jQ~ -- ---~---~~ -- -- p 115+00 ..1 Op x ~ -- c---- ,~ x- -- .1....... _ __~~_".. o ~ -- p 116+00 ,Leo q)~ <j>~ ..p- \ o p C -I p C-- c o __ C c ----C-----C-----C-- ~ -- -- c -----C - - - -- ~ -- -- ~ -- -- ~ -- -- ~ -- -- Figure 5 ELWHA VALLEY ROAD p _tOO I I ."..,.... ~ _~.-C-.o' '._ __ . __ _____ Parametrlx DATE: Aug 10, 2009 ~ capR ( 073002-140225) AFN 471026 f1. 114+00 I FILE: elwha-RoIlPtot_2 o I SCALE IN FEET -)( f'S\~e\e'" tYO~ YO~ 0 00 '140'2 01300'2- 09\6 1',,-1 SZ p~ - 100' CITY PROPERTY 115+00 I OP x y,ec'l. \40\'2:> 01300'2- ~ -- -- ----------- 60 I x- -- p 116+00 .___--.J "__ - -r- ELWHA VALLEY ROAD o ~ -- ~ -- -- p 117+00 -, ...!L. ~ -- -I -- p 6' \ \ ~Oll /'" / ~ --~ -1i..! lt8~ IL""'\ II' I 0, ~ -- ...............-' - - ~ ~ -- / ~ ."., /'" / Figure 6 ELWHA VALLEY ROAD u n o .q- o N o f- N o CL o O- m N co en .....J m x 1 [/) ~ C Q <( m 1 u_ n o ~ o N- O f- N o CL o o (J) N co en .....J m x w o I U n o .q- o N o f- N o CL o o (J) N co en ----1 m x UiUi W' (')LL <(il:! 2X u E c ~ ::J o [/) =:J~ C:-:).:. =:Jm 00 >-w <(f- ----1f- o ----1 oCL 1 o E =:J Q no ;;j'N ~~ 81 Nm 00 CLo ON o ,Parametrix DATE: Aug 10,2009 FILE: BL5829001P02T020403UD-01 mo N~ co L() 0> ----1 ::J m<( __ w W f- ----1<( L;:o "l 1-- GRAVEL BACKFILL FOR PIPE ZONE BEDDING ,// 4' 000 .0 .0 .0 .0 ~ggggggggggggggg bOOoooooo 0000000 b'0b 9b'0b'0b 1000000000 vv )b9b'0b'0b'0b 'J 17 'J ICJOOOOOOooo v A V ,'0 b'0 b'0 b'0 b'0 b ~... o. O. ..00. 0... 0.0. 0000 v b'0 b'0 b'0 b'0 (J 0 0 (J 0 . .gogogogo ~~EXIS"NG 72" INDUSTRIAL WATER LINE CY W > o u :::;;: => :::;;: x <( :::;;: N n -?-- // ~ --~ FINISHED ROADWAY GRADE LEXISTING GROUND ~~~ - V 17' 'J 17 4' 22.5' STRUCTURE EXCAVATION LIMITS STRUCTURAL PLATE ARCH ARCH FOOTING PCCP 6" CSTC COPA INDUSTRIAlWATERUNEPROTECTION ( .' .. (f) (f) W' ()LL <l:~ 2X ..-- .~ ~ E o c >'::J o en -.J~ ~:>-: ~m 00 >-w <l:1- -.JI- o -.J 0D- I t5 E n CL 001 -q-~ o .. N-q- 21 N01 00 D-o ON o . Parametrlx 010 N~ CO LI) CJl -.J ::J m<l: APPROX. WALL HEIGHT 0'-47' FILL I jARIES" I /" /" / / /""-EXISTING GROUND _/ /" STA 93+49 TO STA95+49 .,.,." 6' DATE: Aug 10, 2009 FILE: BL.5829001P02T~1 l' 6' SHOULDER 11' 2% - '0 nl 1__ ~? LNEW 8" FORCE MAIN COPA RELOCATED UG POWER + TELEMETRY MEDIA FILTER DRAIN ct 11' 6' SHOULDER .. W WI- -.J<l: C;::O 2% --....... ..~... COPA RELOCA TED 24" WATER LINE ,1' 6' "I MEDIA FILTER DRAIN 10' TRAIL 2' 2% ELWHA VALLEY ROAD KACEE WAY TYPICAL 'SECTION FORTANGELES WAS H I N G TON, U. S. A. Utility Advisory Committee Memo Date: August 11, 2009 To: Utility Advisory Committee From: Phil Lusk, Power Resources Manager Subject: Bonneville Power Administration Wholesale Power Rate Adjustment Summary: The Bonneville Power Administration released its final record of decision on wholesale power rates. The City has been provided a new "stepped-rate" option to have a portion of the rate increase effective this October and the remainder effective in October, 2010. Recommendation: While there may be transcending policy decisions, consider forwarding a recommendation to the City Council to reject the stepped rate option. Background/Analysis: On July 21,2009, the Bonneville Power Administration (BPA) released its final record of decision on wholesale power rates which included a regional "average" rate increase of 7%. Staff estimates that the wholesale power rate adjustments will increase the City's total cost of power and transmission purchases by roughly $I,884,000/year or 9.0%, when compared to 2008. The BPA will implement its rate increase on October 1,2009, and the rates will remain in effect through September 2011. The BP A is also providing a new "stepped-rate" option, which allows customers to implement a portion of the rate increase this October and the remainder beginning October 2010. This option includes consideration ofthe BPA's time value of money and should result in similar total revenues to the BP A. While the BP A is making this option available to its customers, it is not offering it at a rate that is favorable to its acceptance. The BP A used a 4.7% discount rate in calculating their time value of money. Based on economic theory, if an alternative short-term investment has a yield of greater than 4.7%, the stepped-rate option may be preferable. However, as the City's short-term investment yields are considerably less than 4.7%, it should probably reject the stepped-rate option. However, there may be policy decisions that transcend nominal economic theory in the consideration of its acceptance or rejection. A commitment to select the stepped rate option may have to be no later than September 18, 2009. If a commitment is made to select the stepped-rate option, the City may have to accept an amendment to the Power Sales Agreement. The current understanding is that no action is required if the City rejects the stepped rate option. Staff will return to the Utility Advisory Committee to present the Electric Utility cost of service study in September, which will include the estimated retail rate impacts of the wholesale power rate increase. N:\UAC\DepDirIBPA Wholesale Power Rate AdjustmenLdoc