HomeMy WebLinkAboutITEM VIII-B-2*.
CITY OF ~ •-""'
µ~V AGENDA BILL APPROVAL FORM
~•" WASHINGTON
Agenda Subject: Date: May 11, 2007
Acce tance of Grant for Mill Creek Corridor Stud
Department: Attachments: Budget Impact: N/A
Planning and Community Dev. 1. Draft Resolution No. 4181
2. A reement Document
Administrative Recommendation:
City Council adopt Resolution No. 4181.
Background Summary:
The City of Auburn has been awarded $20,000.00 from the King Conservation District in support of
design and permitting for four projects along Mill Creek as outlined in the Army Corps of Engineers
Ecosystem Restoration Project. This money will be utilized once a design agreement is established
between the City of Auburn and the Army Corps of Engineers, Seattle District. A scope of work is
currently being negotiated with the Corps of Engineers and will be brought forth to the City Council as
soon as it is completed. The cost share for this design and permitting agreement is split at 25% City and
75% Federal Government.
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e viewe y ounce ommittees: e viewe y epartm en ts nnsions:
Arts Commission CO UNCIL COMMITTEES: BU llding M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD
bli
W
k Fire
L
l Planning
P
li
Park Board or
Pu
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s ega o
ce
Planning Comm. Other Public Works Human Resources
Action:
Committee Approval: eYesBNo
Council Approval: Yes No Call for Public Hearing _/_/_
Referred to Until / /
Tabled Unt~T T
Councilmember: Norman Staff: Osaki
Meetin Date: Ma 21, 2007 Item Number: VIII.B.2
t1UBURI~I '~ MORE THAN YOU 1MAG[NED
RESOLUTION N0.4 1 8 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS
FROM THE KING CONSERVATION DISTRICT GRANT PROGRAM TO
TAKE STEPS TO RESTORE BOTH SALMON AND OTHER CRITICAL
HABITAT WITHIN THE MILL CREEK CORRIDOR BY INITIATING THE
DESIGN AND PERMITTING PROCESS FOR PROJECTS, AND
AUHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT WITH THE KING CONSERVATION DISTRICT #9
WHEREAS, the King Conservation District, a special purpose district
organized and existing under authority of Chapter 89.08 RCW which engages in
activities and programs to conserve natural resources, including soil and water,
which activities are declared to be of special benefit to land; and
WHEREAS, the City of Auburn's proposal to begin design and permitting
of work associated with the restoration of portions of Mill Creek meet the
guidelines associated this grant from the King Conservation District; and
WHEREAS, the King Conservation District has funds collected for its per
parcel assessments that are earmarked for conservation projects within the City
limits of Auburn; and
WHEREAS, the grant agreement will be executed and completed before
the end of fiscal year 2009 as stipulated in the Agreement for Award of King
Conservation District WRIA Forum Grant.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON. DO ORDAIN AS FOLLOWS:
Section 1. The City hereby accepts the grant from the King
Conservation District in the amount of Twenty Thousand Dollars ($20,000). The
Resolution No. 4181
May 15, 2007
Page 1
Mayor and City Clerk of the City of Auburn are authorized to execute the
necessary agreements with the King Conservation District for the reimbursement
of said funds.
Section 2. The City hereby reserves this money in order to meet its
matching requirements towards a design and permitting agreement being
negotiated with the Army Corps of Engineers, Seattle District at this time.
Section 3. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 4. This resolution shall be in full force and effect upon passage
and signatures hereon.
DATED AND SIGNED this day of , 2007
Peter B. Lewis, Mayor
ATTEST:
Resolution No. 4181
May 15, 2007
Page 2
Danielle Daskam, City Clerk
AGREEMENT FOR AWARD OF
KING CONSERVTION DISTRICT WRIA FORUM GRANT
Green-Duwamish-CPS Watershed Forum (WRIA 9)
City of Auburn
This Agreement is made between the King Conservation District Number 9, a municipal
corporation in King County, Washington, located at 935 Powell Ave. SW, Renton, WA 98055
(referred to herein as "District"), and the City of Auburn, a municipal corporation in King
County, Washington, located at 25 W Main St, Auburn, WA (referred to herein as "Recipient"),
for the purposes set forth herein.
SECTION 1. RECITALS
1.1 Whereas, the District is a special purpose district organized and existing under
authority of Chapter 89.08 RCW which engages in certain activities and programs to conserve
natural resources, including soil and water, which activities are declared to be of special benefit
to lands; and
1.2 Whereas, pursuant to RCW 89.08.400, King County has authorized and imposed a
system of assessments to finance the activities and programs of the District; and
1.3 Whereas, pursuant to RCW 89.08.22Q RCW 89.08.341 and/or Chapter 39.34
RCW, the District is authorized to enter into agreements with municipal entities and agencies
(governmental or otherwise), or their designees, in order to carry out and facilitate the activities
and programs of the District to conserve natural resources; and
].4 Whereas, certain Watershed Forums were established by King County and
through the voluntary association of agencies and entities situated within the particular watershed
basins or areas (i.e., Snoqualmie Watershed Forum; Cedar/Lake Washington/Sammamish
Watershed Forum; Green/Duwamish/Central Puget Sound Watershed Forum) for the purpose of
addressing and responding to environmental needs within their respective watershed basins and
in the region by cooperative efforts; and
1.5 Whereas, the Watershed Forums include representatives of jurisdictions that are
located within or have a major interest in the management of Water Resources Inventory Areas
(WRiA) 7, 8 and 9; and
1.6 Whereas, the District has reviewed the grant application submitted by Recipient
and has determined that the application meets the requirements of Chapter 89.08 RCW, the
District's policies and procedures for awarding grants and the funding principles established by
King County's Regional Water Quality Committee; and
1.7 Whereas, the District and Recipient desire to enter into this Agreement for the
purpose of establishing the terms and conditions relating to the District's award of a grant to
Recipient.
1
SECTION 2. AGREEMENT
2.1 The District agrees to award Recipient a grant in the total amount of twenty
thousand Dollars ($20,000). Grant funds shall be used by Recipient solely for the performance
of the work described in Exhibit A which is attached hereto and incorporated herein by this
reference. The District shall pay the grant funds to Recipient in accordance with the District's
standard procedures, provided that such funds have been collected and received by the District.
2.2 Recipient represents and warrants that it will only use the grant funds for the work
described in Exhibit A, which may be amended by the parties pursuant to Paragraph 3.3 of the
Agreement. Recipient shall be required to refund to the District that portion of any grant funds
which are used for unauthorized work. Further, Recipient agrees to return to the District any
grant funds that are not expended or remain after completion of the work covered by this
Agreement.
2.3 Recipient acknowledges and agrees that the grant funds may only be expended on
work which shall be entirely within the District's juuisdictional boundaries. The following
municipal entities are not within the District's jurisdictional boundaries: Enumclaw, Federal
Way, Milton, Pacific, and Skykomish. Recipient shall be required to refund to the District that
portion of any grant funds which are used for work performed outside the District's jurisdictional
boundaries.
2.4 In the event the scope of work authorized by this Agreement includes the use of
grant funds to purchase houses located on real property within a flood hazard area, Recipient
acknowledges and agrees that grant funds may only be used for such purposes if the houses to be
purchased were constructed before floodplain mapping or sensitive areas regulations were in
plane for that area. Recipient shall be required to refund to the District that portion of any grant
funds which are used for unauthorized purposes.
2.5 Recipient shall be required to provide the District with biannual financial and
project progress reports, along with an annual summary report. Financial and project reports
shall be due May 31 and November 30 each year. The Recipient shall also be required to submit
to the District a final report which documents the Recipient's completion of the work in
conformance with this Agreement within thirty (30) days after the completion of the work. The
final report shall, among other things, summarize the project's successes and shall address the
regional benefits accomplished by the work. The final report shall also identify any obstacles or
challenges which were encountered during the work, along with general reconunendations
regarding ways to avoid such obstacles or challenges in the future. If requested, Recipient agrees
to provide the District with additional financial or progress reports from time to time, at
reasonable intervals.
2.6 Recipient's expenditures of grant funds shall be separately identified in the
Recipient's accounting records. If requested, Recipient shall comply with other reasonable
requests made by the District with respect to the manner in which project expenditures are
2
tracked and accounted for in Recipient's accounting books and records. Recipient shall maintain
such records of expenditures as may be necessary to conform to generally accepted accounting
principals and to meet the requirements of all applicable state and federal laws.
2.7 Recipient shall be required to track project expenses using the Budget Accounting
and Reporting System for the State of Washington ('BARS").
2.8 The District or its representative shall have the right from time to time, at
reasonable intervals, to audit the Recipient's books and records in order to verify compliance with
the terms of this Agreement. Recipient shall cooperate with the District in any such audit.
2.9 Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria established in the Revised Code of Washington and the
Washington State Archivist.
2.10 Recipient shall ensure that all work performed by Recipient or its employees,
agents, contractors or subcontractors is performed in a manner which protects and safeguards the
environment and natural resources and which is in compliance with local, state and federal laws
and regulations. Recipient shall implement an appropriate monitoring system or program to
ensure compliance with this provision.
2.11 Recipient agrees to indemnify, defend and ho]d harmless the District, its elected
or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to
or death of person or damage to property allegedly resulting from the negligent or intentional acts
of the Recipient or any of its employees, agents, contractors or subcontractors in connection with
this Agreement.
2.12 Recipient agrees to acknowledge the District as a source of funding for this
project on all literature, signage or press releases related to said project.
SECTION 3. GENERAL PROVISIONS
3.1 This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors and assigns.
3.2 This Agreement constitutes the entire agreement between the parties with respect
to the subject matter hereof No prior or contemporaneous representation, inducement, promise
or agreement between or among the parties which relate to the subject matter hereof which are
not embodied in this Agreement shall be of airy force or effect.
3.3 No amendment to this Agreement shall be binding on any of the parties to this
Agreement unless such amendment is in writing and is executed by the parties. The parties
contemplate that this Agreement may from time to time be modified by written amendment
which shall be executed by duly authorized representatives of the parties and attached to this
Agreement.
3
3.4 Each party warrants and represents that such party has full and complete authority
to enter into this Agreement and each person executing this Agreement on behalf of a party
warrants and represents that he/she has been fully authorized to execute this Agreement on behalf
of such party and that such party is bound by the signature of such representative.
DISTRICT:
By
RECIPIENT:
By
Name
Date
Approved as to Form: Approved as to Form:
DISTRICT LEGAL COUNSEL:
By~/L.2, C - ~/~~
Name_ ~~i C_ C. rr~vr00~
Date N~i~(~7
4
Exhibit A
Member Jurisdiction &WRIA Forum
King Conservation District Noncompetitive Grant Application
Project Title: Mill Creek Restoration Project
Ap licant: Ci of Auburn Contact: Aaron Nix
Principal Partners (if any): Title: Environmental Protection Manager
U S Army Corps of Engineers
Washington State Department of
Transporation
Cascade Land Conservancy
Total Project Cost: Undetermined at this fime Address: 25 lti~ Main St.
Auburn, WA 98001
KCD Fundin Re uested: $20,000.00 Phone: 253.288.7432
Project Start Date: March 2007 Fax: 253.804.3114
Project End Date: March 2009 E-mail: anix@auburnwa. ov
1. Project Description - provide a brief description of the project that summarizes what you
will do, how you will do it, and why you will do it. Consider the following in the answer to
this question: whet pressing need will be addressed by the project or zohat promising opportunity
zaill be capitalized on?Who or what will benefit or be positively and negntivel~ affected?
Mill Creek is a tributary to the Green/Duwamish River System. The creek originates on
Auburn's West Hill near Federal Way. It runs through Peasley Canyon and flows north
along the Auburn Valley floor until it reaches the Green River in Kent.
This project proposes to begin design for four projects along Mill Creek in order to re-
establish adefined creek section throughout Mill Creek and into the Green River.
Decreased riparian cover has also resulted in increased water temperature and lower
dissolved oxygen levels. The lack of functioning riparian habitat and low dissolved
oxygen levels are major limiting factors to salmonid production in Mill Creek. Although
Mill Creek is severely degraded, it has significant potential to once again support the
varieties of anadromous fish that were once abundant here. Improving water quality
and quantity also will improve conditions at the mouth of Mill Creek for juvenile
Chinook salmon that rear in the Green River main stem.
The purpose of this grant request is to support the City of Auburn in the design and
permitting for four projects listed in the Ecosystem Restoration Plan developed in
collaboration with WRIA#9 and the Army Corps of Engineers. Mill Creek is listed in
the Green/Duwamish Ecosystem Restoration Plan and includes four of 45 important
restoration projects intended to improve salmon and wildlife habitat along the
Green/Duwamish River and its principal tributaries. These projects include:
~lcinh~°~ im~i<itctiorr fi ti\ RIA Potium Gt.mt ,•~pphcazioii Yact:ef t ek~nGar~- 12. 2007 ~ Pzt~c I of 6
/ Merlino Reach
/ Schuler Brothers Reach
/ Merlino Reach
/ Wetland SK Reach
/ Goedeke North Reach
For this piece of the project, the Army Corps of Engineers and the City of Auburn will
be partnering on the design and permitting of these projects concurrently (25/75
percentage cost share). The intent is to have four projects designed and permitted,
ready for construction by summer of 2009. Construction will happen following the
completion of this work and as money is allocated at the federal level and match money
is obtained by the City of Auburn and its partners. Initial discussions with the Cascade
Land Conservancy have been fruitful in potentially combining resources in order to
secure land easements and acquisitions were their needed in order to do the
improvement projects. Discussions will continue as a clearer picture begins to unfold
once designs are completed.
2. Natural Resource Improvement Actions -describe how the project will address a
minimum of one of the natural resource improvement actions described on page 1 of the
application instructions. Consider the following in your answer to this question: What
natural resources will be improved?What are the known needs, gaps or deficits that eoill be
addressed? What are t1~e known benefits to soil, water, air, plants, fish and wildlife, landowners?
Direct improvement of Natural Resource Conditions - to improve landscape and
natural resource conditions as a result of direct action.
The Mill Creek project will improve landscape and natural resource conditions by
removal of invasive and non-native plant species, planting native riparian vegetation,
strategic replacement of Large Woody Debris (LWD) and realignment of the stream.
These actions will result in:
- Improved water quality including lower water temperature and higher
dissolved oxygen levels to better support anadromous and resident fish
species.
- Increased species diversity including more sustainable habitat to support
species of concern including Great Blue Heron, Bald Eagle and others.
These species have been increasing within the Auburn Valley.
3. Project Activities and Measurable Results -list specific project activities to be completed,
the timetable for the activities, and the deliverables associated with those activities.
Consider the following in your answer to this question: What actions, interventions,
programs, services zoill be deployed?
Activi Descri lion Deliverables Timeline
1. Hire a consulant to create site 100% design drawings ready December
specific construction drawings on for bid and construction 2008
the four ro'ect listed above
~1cml~er ~urisdict,mi8.~4L RIM, Forum (,rani Application Packet a icbruary !?.>007 o Pago2of6
2. Complete permitting and other Approved and completed December
studies needed in order to get permitting packages for these 2008
these projects ready for four projects
construction (both City and I
Corps will handle these
res onsiblftles
3. Construction once funds are Completed Projects December
secured to meet financial 2011
obligations associated with these
projects 35/65 City to Corp
match requirement in order to
construct these ro'ects.
4.
5.
6.
7. -
8. -
).
10.
The money obtained from this grant will help the City of Auburn meet its financial
obligations as match money, in cooperation with the Army Corps of Engineers, to enter
into a design agreement for 4 projects along Mill Creek. The end result will be
construction plans, drawings and completed permitting in order to move forward with
these projects as money and resources present themselves.
4. Effectiveness (see page 2 of application instructions for definition) -describe how the
projectwill effectively implement the natural resource improvement measures identified in
question No. 2 above. Consider the following in your answer to this question: Why is the
primary applicant the bestentih~ to deliver the proposed program/service/intervention? What is the
capacihj of the primary applicant to deliver the proposed program/service/i~ztervention?What tools,
services and partners will be brought to bear?
The City and its partners have done preliminary planning to restore Mill Creek from its
headwaters in Peasley Canyon and as it meanders through the City of Auburn. The
most effective strategy for this sort of a project is to begin upstream and work in phases
moving down stream.
Mill Creek is listed in the Green/Duwamish Ecosystem Restoration Project and the City
of Auburn's stream and wetland inventory as an important restoration opportunity for
the improvement of salmon and wildlife habitat within the Green/ Duwamish
watershed. The City of Auburn and the Army Corps of Engineers are best equipped to
move forward with this project as the City has made a commitment to restore Mill
Creek within its jurisdictional boundaries and the Army Corps is committed to bringing
federal money to help bring these projects to fruition. The Green/Duwamish
Ecosystem Restoration Project was authorized by Congress in 2000 and has received
Congressional appropriations since 2004 to fund construction of specific projects. KCD
funds jump-start local efforts to develop plans and obtain permits, allowing federal
h9e~nher.f~iri,diction & N.%K7~ Yori~m (inns Appiica2ionPxeket e E cbmsry 12. "?00% ~ Fxge 3 of6
dollars to support the actual construction. KCD has previously awarded grants to
support other Ecosystem Restoration Projects in this manner, including most recently,
Upper Springbrook Creek in Renton. Permitting efficiencies with the aid of the Army
Corps of Engineers will help these projects move forward in a timely manner.
The Washington State Department of Transportation (DOT) is in the process of making
roadway improvements along highway 167 throughout Auburn. As this occurs,
improvements are needed to help improve flow and water quality within Mill Creek.
The State has been very receptive to offer financial support for projects like those listed
within the Ecosystem Restoration Plan. It's a long overdue partnership that has the
potential to do great things for Mill Creek and adjoining habitat.
5. Efficiency (see page 2 of application Instructions fox definifion) -describe how the project
will efficiently implement the natural resource improvement measures identified in
question No. 2 above. Consider the following in your answer to this question: How will tlu'
proposed program/service/intervention zngage in conjunction with related efforts? How does your
strategy best leverage resources?
Mill Creek has been identified as an ideal candidate for rehabilitation within the
Green/Duwamish River System. Several studies have been done showing the viability
of the system and its importance to water quality and salmon recovery with WRIA 9.
Working in partnership with the Army Corps of Engineers, the City will be able to
obtain federal matching funds for the completion of these projects in a reasonable time
period and when the resources are in greatest need for restoration.
6. Equity (see page 2 of application instructions for definition) -describe how the project will
equitably implement the natural resource improvement measures identified in question No.
2 above. Consider the following in your answer to this question: In what part of the District
will the proposed program/service/interz~e~z Hon occur? Who is the target audience and what
demographic section of t}~ community will be affected?
These restoration projects will occur within the City limits of Auburn. Therefore, City of
Auburn residents will be the primary intended beneficiaries. However, improvement in
water quality and habitat for fish and other wildlife will create noticeable
improvements down stream of this project, affecting people residing within the City
limits of Kent, King County and other downstream jurisdictions. Mill Creek has long
suffered from water quality problems, damage to its aquatic resources, and flooding
affecting farms. These efforts will help reverse years of neglect that contributed to these
conditions.
Evaluation of Intended Results -describe the evaluation mechanisms you will use to track,
document, and report that the project has achieved the intended results described in
questions 1- 3.
The City, in partnership with the Army Corps of Engineers, will conduct maintence and
monitoring for these projects in perpetuity. This project serves as one of the last
significant open space stretches within the urban growth boundary. The City has
llcauhar .lcrisd~cuun A. 14'R(1 Foram Grant Ilppltcatiot~ Packet ~ Februtiry l2 2,6(i % m Page 4 of 6
already obtained commitments from several service groups including the Rainer
Audubon, Green River Steelhead Trout Club and others. The City of Auburn has been
conducting on going water quality monitoring within Mill Creek and will continue
monitoring after completion of this project. Invasive plant species will be monitored
and controlled. Native plantings will be monitored for survival and the appropriate
replacements will be made. A maintence and monitoring plan will be developed and
submitted to the appropriate agencies for approval in order to meet their minimum
guidelines for these activities.
8. Project Budget & Expenses
Budget Item KCD Funds
w ~ °I Other Funds Other Funds Total
Salaries and Benefits
Travel/Meals/Milea e
Office/Field Su lies
Contracted/Professional
Services $20,000.00 $230,000.00
(Estimate) $750,000.00
Estimate $1,000,000.00
Land Ac uisition
Permits
Other {s ~ecilvj
Other.(s ecifJ
Other s?ecifc~)
TOTAL $20,000.00
(Design) $230,000.00
(Design
$80,000.00 &
Permitting
$150,000.00 $750,000.00.
(Design) $1,000,000.00
The City of Auburn and Corps of Engineers are entering into a design agreement in order to
cost share what is needed in order complete design and permitting for this project. The cost
share is currently held at 25% City and 75% Corps. The KCD money will be utilized in
order to help the City of Auburn reach its match requirement and get the projects
designed/permitted and ready for construction in 2009.
9. KCD Acknowledgement -describe how the KCD will be acknowledged as a source of
fundu1g for the proposed program/service/intervention (see page 3 of application
instructions for requirements).
King County Conservation District will be acknowledged as a funding source for this
project on all written materials for this project and associated restoration of Mill Creak;
on temporary construction and permanent signage at the restoration site, in the Auburn
Environmental Park Newsletter and on the City of Auburn s website. The King
Conservation District has been a tremendous partner with Auburn on past natural
resource projects.
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AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Sur lus Vehicle Ma 1, 2007
Department: Attachments: Budget Impact:
Public Works $0
Administrative Recommendation:
Public Works Committee recommend that Cit Council authorize the sur lus of the below listed vehicle
Background Summary:
The below vehicle is being surplused as it was totaled in April, 2007. Vehicle will be scrapped.
Veh ID Description VIN Number Lic No Fixed Asset
P031C Ford Crown Victoria 2FAFP71W44X140860 38243D 55000 P031C
W 0521-1
Reviewed by Council & Committees: ~. Reviewed by Departments & Divisions:
^ Arts Commission COUNCIL COMMITTEES: ^ Building ^ M80
^ Airport ^ Finance ^ Cemetery ^ Mayor
^ Hearing Examiner ^ Municipal Serv. ^ Finance ^ Parks
^ Human Services ^ Planning & CD ^ Fire ^ Planning
^ Park Board ®Public Works ^ Legal ^ Police
^ Planning Comm. ^ Other ®Public Works ^ Human Resources
Action:
Committee Approval: ^Yes ^No
Council Approval: ^Yes ^No Call for Public H earing _/_/
Referred to Until _ / I
Tabled Until / /
Councilmember: Wa ner Staff: Dowd
Meetin Date: Ma 21, 2007 Item Number:
AUBURN * MORC- THAN YOU IMAGWED