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HomeMy WebLinkAboutITEM VIII-B-3* 1 AGENDA BILL APPROVAL FORM AUBU WASHINGTON Agenda Subject: Acceptance of King Conservation District Funds for Date: October 27, 2008 Purchase of the Smith Property Parks, Arts and Attachments: Resolution 4415 and Budget Impact: Recreation Agreement Administrative Recommendation: City Council adopt Resolution 4415. Background Summary: A .64-acre parcel of land bordering the west side of the Green River at Fourth Street SE, known as the Smith Habitat 2008 acquisition, was recently purchased by the City of Auburn. King Conservation District (KCD), in conjunction with the Water Resource Inventory Area (WRIA) 9 Forum, awarded the City of Auburn a grant of $130,000 to match a grant of the same amount from the King County Conservation Futures Fund toward the purchase of this land. The land is a critical segment of the larger Fenster Levee Setback project currently under construction on adjacent land. The purpose of this project is to enhance flood control and to restore habitat in the river and along the riverbank. This project is an on-going partnership with the City - the sponsoring agency -, King County and the Corps of Engineers, and is expected to continue through November. The purchase of this new parcel, adjacent to the Fenster Levee, allows for greater effectiveness of this area and permits an extension of the Green River Trail, a regionally significant recreation and transportation facility. Council is asked to accept funds from King County Conservation District in the amount of $130,000 to apply toward the purchase of this property. R-1117-1 F5.3 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ? Arts Commission COUNCIL COMMITTEES: ? Building ? M&O ? 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 Museum Board ? Public Works ? Human Resources ? Information Services Action: Committee Approval: ?Yes ?No Council Approval: ?Yes ?No Call for Public Hearing Referred to Until Tabled Until Councilmember: Norman Staff: Faber Meeting Date: November 17, 2008 Item Number: VIII.B.3 AUBURN * MORE THAN YOU IMAGINED RESOLUTION NO. 4 4 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE ACCEPTANCE OF A GRANT FROM KING CONSERVATION DISTRICT ACCEPTING FUNDS IN THE AMOUNT OF ONE HUNDRED THIRTY THOUSAND AND NO/100 DOLLARS TO BE USED AS MATCHING FUNDS FOR PURCHASE OF THE SMITH PROPERTY (ADDITIONAL TO FENSTER LEVEE SETBACK PROJECT) WHEREAS, the City of Auburn submitted an application to the King Conservation District, in conjunction with the Water Resource Inventory Area 9 Forum to request funds for the purchase of a .64-acre parcel of land bordering the west side of the Green River at Fourth Street SE, known as the Smith Habitat 2008 acquisition; and WHEREAS, the purchase of this property is a critical segment of the larger Fenster Levee Setback project currently under construction; and WHEREAS, the City has been advised that it has been approved to receive a grant from said program in the amount of One Hundred Thirty Thousand and No/100s Dollars ($130,000.00), which will act as matching funds for another grant of the same amount from King County Conservation Future Funds; and WHEREAS, acceptance of this grant will benefit the citizens of Auburn. NOW, THEREFORE, THE CITY COUNCIL OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. Acceptance of Grant_ The City Council hereby accepts the Program Grant from King Conservation District, in the amount of One Hundred Thirty Thousand and No/100s Dollars ($130,000.00) in substantial conformity with the Resolution No. 4415 October 28, 2008 Page 1 Contract marked as Exhibit "A" attached hereto and incorporated herein by this reference. Section 2. Implementation. The Mayor is further authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation, including assuring that the grant fund appropriation is included in the appropriate budget documents of the City. Section 3. Effective Date. That this Resolution shall take effect and be in full force upon passage and signatures hereon. SIGNED and DATED this day of November, 2008. CITY OF AUBURN PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk AP OVE TO ORM: Daniel B. Heid, City Attorney Resolution No. 4415 October 28, 2008 Page 2 AGREEMENT FOR AWARD OF KING CONSERVTION DISTRICT WRIA FORUM GRANT Green-Duwamish-CPS Watershed Forum (WRIA 9) City of Auburn, Parks, Arts & Recreation Department 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, Parks, Arts & Recreation Department a municipal corporation in King County, Washington, located at 910 Ninth Street S.E., Auburn, WA 98002 (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 89.08.220, 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 1.4 Whereas, certain Watershed Forums were established in 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- Resolution 4415-Exhibit A October 27, 2008 Page 1 of 4 SECTION 2. AGREEMENT 2.1 The District agrees to award Recipient a grant in the total amount of One Hundred Thirty Thousand Dollars ($130,000) from 1998 Central Puget Sound Forum Assessment funds ($23,000) and from City of Auburn 2002-2008 Assessment Funds ($107,000). 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 policies and procedures, including but not limited to, the policies and procedures contained in the Member Jurisdiction & WRIA Forum Grant Application Instructions and Policies, 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 jurisdictional 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 place 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 June 30 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 recommendations 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. Resolution 4415-Exhibit A -2- October 27, 2008 Page 2 of 4 2.6 Recipient's expenditures of grant funds shall be separately identified in the -- Recipient-'s-accounting--r-ecords? - -1-f-requested; Recipient- shall--comply- -with---other- reasonable-- requests made by the District with respect to the manner in which project expenditures are 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 hold 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 any 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 Resolution 4415-Exhibit A -3- October 27, 2008 Page 3 of 4 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. 3.4 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 Name Title Date Approved as to Form: DISTRICT LEGAL COUNSEL: By (A? - 14AIVOCA Name ?_ f, i L Fr "moJ l Date 17/ 6 Resolution 4415-Exhibit A October 27, 2008 Page 4 of 4 RECIPI93 By Name Pc, 1 er PG1J r` S Title H 446y_ Date OCT Z 0 2008 Approved as to Form: RECIPIENT'S ATTORNEY: By?l/l _N Q _V_ Name ?/?I"e C J,_ Date (?ZD?Odn -4- Exhibit A King Conservation District Member Jurisdiction & WRIA Forum Grant Application Project Title: Smith Fenster Habitat Ac uisition 2008 Applicant: City of Auburn, Parks, Arts & Recreation Department Contact: Robert Wuotila Principal Partners (if any): Title: Parks Planning & Development Manager Address: 910 Ninth Street S.E. Total Project Cost: $260,000 Auburn, WA 98002 WRIA Fundin jurisdiction Fundin : KCD Funding Requested: $130,000 WRIA share $23,000/City share $107,000 Phone: 253-931-5106 Project Start Date: 09/01/08 Fax: 253-9314005 Project End Date: 01/31/09 E-mail: rwuotiIa@auburnwa.gov 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: what pressing need will be addressed by the project or what promising opportunity will be capitalized on? Who or what will benefit or be positively and negatively affected? The purpose of this proposal is to acquire funds to assist the City of Auburn (COA) in purchasing a 0.64 acre parcel of land situated between publicly-owned lands adjacent to the Green River. Acquisition will allow future project phases to set back a segment of the Green River levee and restore riverine habitat. The levee setback will increase the width of the river channel and adjoining floodplain, opening up riparian and aquatic areas for habitat restoration. The acquired parcel is a wedge between publicly-owned parcels on either side and is needed to provide for greater effectiveness of the levee setback and riparian habitat restoration actions. These actions are identified as Project MG-18 in the WRIA 9 Recovery Plan, which is a part of the Puget Sound Recovery Plan approved by the National Marine Fisheries Service in 2007. The new levee setback relocation will be made possible by the acquisition of this parcel and also permit the extension of the Green River Trail, a regionally significant non-motorized transportation and recreation facility. This project will allow the expansion of the Fenster restoration project upstream that already is planned and partially funded. 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 will be addressed? What are the known benefits to soil, water, air, plants, fish and wildlife, landowners? Member Jurisdiction & WRIA forum Grant application Packet • November 13. 2007 . Page 8 oI' 10 Acquisition of the parcel will allow future habitat rehabilitation phases that will result in direct improvements to the riparian and aquatic habitats on the west side (left bank) of the Green River in the area of 2nd Street SE to 5w'Street SE extended, a distance of about 1000 feet. The -- - - - - - --preferred- Aesign concept for-the-levee-setback in-this area, as determined by-King County Water and Land Resources Division (WLRD), requires purchase of this property to achieve the best configuration for the levee setback and restoration of the riparian corridor. (See attached map of project.) In-channel habitat and stream bank habitat restoration will improve ecosystem. functions in the area of the project. The project will ultimately reconnect the river with its historic floodplain, provide forested riparian cover along the channel margins, lower flood velocities, and provide cover, resting, and food sources for juvenile salmonid rearing, together with flood refugia areas for both juvenile and adult salmonids, including species listed under the Endangered Species Act (ESA). 3. Project Activities and Measurable Results - using the table below, 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 will be deployed? Activity Description Deliverables Timeline 1. Pro er ac uisition f the r t hi li b l Public ownership hase and would not b estoration 01/31/09 e supported bN Acti the g ne are par o s ow t vities e rant • p 2. Complete design/ engineering, Construction drawings 10/01/09 WLRD 3. Obtain ern-its, COA Permits 11/30/09 4. Begin construction/ riparian 04/ 01 / 10 habitat, WLRD 5. Stream bank & in-channel Revised topography and 09/15/10 improvements complete channel structure 6. Construct the setback levee and Physical improvements On-going trail, WLRD 04/01/10 to 10/15/10 7. Restore native vegetation, WLRD Restored habitat/ trees & 10/15/10 to shrubs planted 11/30/10 8. Monitoring Yearly Reports 12/01/11 to 12/01/15 4. Effectiveness (see page 2 of application instructions for definition) - describe how the project will 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 best entity to deliver the proposed program/service/intervention? What is the capacity of the primary applicant to deliver the proposed program/service/intervention? What tools, services and partners will be brought to bear? The initial phase of the project, which would be funded by the requested grant from KCD, is to purchase a parcel of land that is adjacent to several other contiguous parcels that are owned by the City of Auburn and which are currently undergoing design and permitting for restoration using a Salmon Recovery Funding Board (SRFB) grant for levee setback and associated habitat improvements. This restoration will be performed under the direction of King County WLRD, Mcriber Jurisdiction & WRIA Forun Gran( Application Packet 0 November 13, 2007 Page 9 of 10 a partner in the SFRB grant, through an Interlocal Agreement with Auburn. The primary a,vvhcant_for the_KCD_funds avvhe.d_for_here, the _City of Auburn, owns the. parcels and will be. the permitting agency, and therefore is the best entity to deliver the program of improvements. The COA will purchase the property prior to obtaining funds due the urgency of the property sale. Once design is complete, King County WLRD will perform the remainder of the program activities that will be done in association with Conservation Futures Funds, COA funds, and SRFB funding. The overall effectiveness of the acquisition should be considered in the context of adjacent, on- going setback initiatives. Acquisition will allow for expansion of on-going levee setback and riparian habitat and aquatic habitat restoration measures to complete the current project improvements underway. 5. Efficiency (seepage 2 of application instructions for definition) - 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 the proposed program/service/intervention engage in conjunction with related efforts? How does your strategy best leverage resources? The proposed acquisition will expand the Fenster project that already is underway and connects it to additional publicly-owned properties downstream. Acquisition of the Smith parcel was envisioned during the planning of the Fenster project given the parcel's critical location. In completing the configuration of this riparian corridor, this acquisition will allow for the efficient setback of the levee throughout the entire reach and, therefore provide for efficient restoration of riparian corridor in connection with the levee setback initiative. Since there is no substitute for acquiring this parcel between two publicly-owned areas, efficiency is only attained through obtaining the parcel at fair market cost. The additional riparian restoration actions made possible by this purchase will supplement and complement actions already underway at adjacent sites, which are sponsored and funded by several cooperating entities, all coordinated through COA ownership of the parcels involved. 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/intervention occur? Who is the target audience and what demographic section of the community will be affected? The project is situated in the southeast part of the City of Auburn, in the Green/Duwamish drainage basin and within the WRIA 9 watershed. The property will be acquired at fair market value from a willing seller. Following future restoration phases, the community will benefit from a new .trail, enhanced natural areas and open space, and enhanced flood protection. Indian tribes and non-tribal fishery interests will potentially benefit by increases in catch due to increased productivity facilitated by restoration of aquatic habitat. Resources for the project acquisition will be leveraged through matching funds from the Conservation Futures fund. Future phases of restoration construction will be funded through future SRFB funding, Flood Control Zone District, and COA funds. Mcmber.lurisdiction & WRIA forum Grant Application Packet November 13. 2007 Pauc 10 of 10 7. 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. Once the purchase of the property is completed, the expanded project, currently in design, will be permitted, and constructed. The project will be monitored and evaluated over a period of five years following completion of construction. Yearly reports will be generated to evaluate if habitat measures remain intact, as indicated by the condition of large wood placed along the channel margins, to determine the condition of spawning areas that resulted from construction- initiated changes to channel dynamics following project completion. 8. Project Budget & Expenses Budget Item KCD Funds KCD Funds Other Funds Total WRIA 9 City of Conservation Forum- Auburn- Futures Fund requested requested (recommended by CFT citizen panel to King County Council Salaries and Benefits Travel/ Meals/ Mileage Office/ Field Supplies Contracted/ Professional Services Land Acquisition $23,000 $107,000 $130,000 $260,000 Permits other (specify) Other (specify) Other (specify) TOTAL $23,000 $107,000 $130,000 $260,000 9. KCD Acknowledgement - describe how the KCD will be acknowledged as a source of funding for the proposed program/service/intervention (see page 3 of application instructions for requirements). KCD will be acknowledged as a source of funding by signage placed on the property after purchase and during construction, by publishing in the Auburn Reporter (a community newspaper), in press releases, on local radio, and on the City web page devoted to this project. Authorized Signature Date Mcmber.lurisdiction R WRIA (Forum Grant Application Packet • Novembcr 13. 2007 • Page I 1 of" 10