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HomeMy WebLinkAboutR-2004-164 Washington State Department of Transportation & Yakima County Memorandum of Understanding (re: Lower Naches River plan)RESOLUTION NO. R-2004-164 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Memorandum of Understanding with the Washington State Department of Transportation (South Central Region) and Yakima County for developing a Lower Naches River Coordination Partnership Plan. WHEREAS, the floodplain of the lower Naches River, from approximately the Nelson Dam (River Mile 3.7) to the confluence with the Yakima River and the lower Cowiche Creek from Powerhouse Road to the confluence with the Naches (the Plan Area), contains significant public infrastructure (i.e., federal and state highways; local roadways, bridges, and pathways; irrigation systems; storm water facilities; and flood levees and flood control structures) necessary for the operations of WSDOT, the County and the City as well as other local governments, private parties and citizens, and WHEREAS, WSDOT, the County and the City recognize that said infrastructure is or may be within sensitive natural systems including the Naches River and floodplain, riparian areas, fish habitat, wetlands, and watershed and that these systems are valuable public resources that may need protection and preservation, and WHEREAS, WSDOT, the County and the City recognize that a cooperative effort is the most effective and efficient way to protect and preserve sensitive natural systems and address the long-term planning, design, maintenance, and operation of said infrastructure, and WHEREAS, WSDOT, the County and the City desire to utilize existing multiple water resource planning efforts in the Yakima Basin to help address public infrastructure needs in the area through a coordinated Plan among the State, local governments, and other interested parties, and WHEREAS, the City Council deems it to be in the best interest of the City to authorize execution of the attached Memorandum of Understanding for the Development of the Lower Naches River Coordination Partnership Plan, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached "Memorandum of Understanding for the Development of the Lower Naches River Coordination Partnership Plan" with the Washington State Department of Transportation (South Central Region) and Yakima County. The City Attorney shall approve the final form of the MOU. ADOPTED BY THE CITY COUNCIL this 19th day of October, 2004. ATTEST: alt..a-vim- Paul P. George, Mayor City Clerk MEMORANDUM OF UNDERSTANDING FOR THE DEVELOPMENT OF THE LOWER NACHES RIVER COORDINATION PARTNERSHIP PLAN THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into by and between the Washington State Department of Transportation (South Central Region), Yakima County, and the City of Yakima (collectively referred to hereinafter as the "Sponsors") for the purpose of developing a Lower Naches River Coordination Partnership Plan (hereinafter the "Plan"), defining the duties and responsibilities of the Project Managers during the process of developing the Plan; and contracting with consultant(s) on an as -needed basis. RECITALS AND FINDINGS WHEREAS, the floodplain of the lower Naches River, from approximately the Nelson Dam (River Mile 3.7) to the confluence with the Yakima River and the lower Cowiche Creek from Powerhouse Road to the confluence with the Naches (the Plan Area), contains significant public infrastructure (i.e., federal and state highways; local roadways, bridges, and pathways; irrigation systems; storm water facilities; and flood levees and flood control structures) necessary for the operations of the parties to this MOU and other local governments, private parties and citizens; and WHEREAS, the Sponsors recognize that said infrastructure is or may be within sensitive natural systems including the Naches River and floodplain, riparian areas, fish habitat, wetlands, and watershed and that these systems are valuable public resources that may need protection and preservation; and WHEREAS, the Plan Managers recognize that a cooperative effort is the most effective and efficient way to protect and preserve sensitive natural systems and address the long-term planning, design, maintenance, and operation of said infrastructure; and WHEREAS, the Sponsors desire to utilize existing multiple water resource planning efforts in the Yakima Basin to help address public infrastructure needs in the area through a coordinated Plan among the State, local governments, and other interested parties; and WHEREAS, several projects may be poised for immediate action and nothing contained herein is meant to slow or stop one of the Project Managers from designing, funding or completing such projects, and similarly this MOU does not constitute an authorization for any project actions that could interfere with current infrastructure and/or its operation, NOW, THEREFORE, in consideration of the mutual agreements, covenants and promises contained herein, the Project Sponsors agree to the following terms and conditions: 1 AGREEMENT 1. DEFINITIONS 1.1 "Plan Managers" means the representatives of the Washington State Department of Transportation, the City of Yakima and Yakima County (the Sponsors). 1.2 "County" means Yakima County. 1.3 "City" means the City of Yakima. 1.4 "Local Governments" means cities, towns, irrigation districts and any other taxing authority. 1.5 "MOU costs" means (1) the cost of a consultant to gather relevant data from each of the Sponsors and compile it in a form agreed to by the Project Managers; (2) the amounts paid to consultants for work performed under approved contracts; and (3) other costs reasonably related to the development of the Lower Naches River Plan. 1.6 "NEPA" means the National Environmental Policy Act as codified in 42 U.S.C. § 4332. 1.7 "State" means the Washington State Department of Transportation. 1.8 "SEPA" means the State Environmental Policy Act as codified in RCW Chapter 43.21C. 2. DUTIES OF THE PLAN MANAGERS The Plan Managers shall: 2.1 Develop a Lower Naches River Coordination Partnership Plan for work/projects that have been developed individually and severally by each of the participants for the lower Naches River and lower Cowiche Creek ("Plan Area"), which shall include but not be limited to cost estimates, mapping of project aspects, tentative schedules for implementation, and areas potentially needing coordination. 2.2 Determine the scope of work to be conducted including sequence of events. 2.3 Invite/coordinate meetings with other concerned interests, such as the Yakima Tributary and Habitat Project ("YTAHP"), Washington State Department of Fish and Wildlife, Washington State Department of Ecology, Yakama Nation, as well as with representatives of the Yakima City Council, Washington State Department of Transportation, and Board of Yakima County Commissioners. 2.4 Make recommendations regarding selection of consultants and the content of contracts for consultants and other professional services to facilitate the process and funding of all activities essential for the development of the Lower Naches River Coordination Partnership Plan. 2.5 At the appropriate time, recommend from within the Plan Managers an entity to serve as Lead Agency for SEPA and/or NEPA purposes and develop such policies and procedures and take such actions as reasonably necessary to insure compliance with SEPA and/or NEPA statutory and regulatory requirements for the Lower Naches River Coordination Partnership Plan. 2.6 Develop grant applications and receive and administer grants. 2 3. SUPPORT AND FINANCING FOR THE PLAN 3.1 The Plan Managers shall delegate to one of its members the responsibility to pay any costs relative to the Plan. These costs shall be borne solely from money currently available to each Sponsor. 3.2 This MOU does not authorize future funds that may or may not require legislative approval. 3.3 It is estimated that the total cost for Phases I ($9,000) and II ($43,000) of the Plan shall be Fifty Two Thousand Dollars ($52,000.00) and shall not exceed that amount without the further written agreement of all Sponsors. The Sponsors shall share said costs equally for work completed per this MOU. (Attached scope of work is the basis for current cost estimates.) 3.4 Phase I. This Phase will identify the goals and objectives for infrastructure management and maintenance of each Sponsor within the Plan Area. It will also identify how the proposed projects or project may be used to help protect and improve the existing environmental baseline (flood hazard reduction, natural resource protection, restoration and enhancement) within the Plan Area. This work primarily involves the development of a strategy or action plan for work/projects that have been developed individually and severally by each of the Sponsors for the Plan Area, which shall include but not be limited to cost estimates, mapping of project aspects, tentative schedules for implementation, and areas potentially needing coordination. Based on the goals and existing proposed projects, Phase I shall also identify projects, project elements, or impacts to infrastructure (effects and gap analysis) in the Plan Area that may require the development and funding of new projects or design and/or scope changes that are currently not contemplated in projects already developed by the Plan Managers and/or other agencies with management responsibilities in the Plan Area. It is estimated that the cost of Phase I will be Nine Thousand Dollars ($9,000). While each Sponsor is responsible for an equal portion (Three Thousand Dollars ($3,000)) of this amount, the City will initially be responsible for paying the Phase I costs. Thereafter, each Sponsor will reimburse the City for its proportionate share of said costs. Each Sponsor shall make such reimbursement payments to the City within thirty (30) days of receipt of a reimbursement invoice/bill from the City. All Phase I activities shall be completed to the satisfaction of the Plan Managers prior to any activities taking place in Phase II. 3.5 Phase 11. In this Phase, a scope of work shall be further developed on the basis of specific determinations, needs and findings made in Phase I and shall include such activities as: • Policy review of the goals, actions and funding requirements developed during Phase I. • Completion of a coordinated review of the relevant environmental issues that may be encountered in implementing the consolidated Plan. 3 • Establishment of a process to work closely with various other interests, agencies, and local stakeholder representatives as per Section 2.3 above. • In conjunction with the individual participants, development of grant funding packages necessary to achieve maximum benefit and effort of the Plan Partnership. • Continued coordination of on-going projects identified in Phase I. It is estimated that the cost of Phase II will be Forty Three Thousand Dollars ($43,000). While each Sponsor is responsible for an equal portion (Fourteen Thousand Three Hundred Thirty Three Dollars and Thirty Three Cents ($14,333.33)) of this amount, the City will initially be responsible for paying the Phase II costs. Thereafter, each Sponsor will reimburse the City for its proportionate share of said costs. Each Sponsor shall make such reimbursement payments to the City within thirty (30) days of receipt of a reimbursement invoice/bill from the City. 3.6 The Plan Managers, as a function of this MOU, shall not acquire any real or personal property, such as office equipment, vehicles, etc. 4. REPORTING REQUIREMENTS 4.1 It shall be the duty of the Pian Managers to make appropriate progress reports to their respective Sponsor. 4.2 Any consultant(s) engaged by the Plan Managers shall report bi-monthly to them regarding all activities during the prior period. Reporting may be in writing or by an oral report to the Plan Manager at a meeting. 5. BOOKS, ACCOUNTS AND PERSONNEL POLICIES 5.1 The designated administrative entity shall be determined by the Sponsors before the start of each phase of this MOU (Phase I and Phase II). 5.2 The designated administrative entity shall keep full and complete books of accounts showing all costs incurred in connection with the development process, records of the consultant selection process, contract development, and administration of any contracts. 5.3 The Sponsors agree that only costs associated with consultants and other costs reasonably related to the development of the Lower Naches River Plan shall be charged to this MOU. 5.4 A withdrawal of a Sponsor in accordance with Section 6.1 shall immediately terminate this MOU. In such event, all MOU Plan work/services shall immediately cease and no further costs shall be incurred. 6. WITHDRAWAL AND TERMINATION OF M.O.U. 6.1 A Sponsor may withdraw from the process and terminate this MOU at any time with or without cause by providing written notice in accordance with Section 10.4 to the designated agent of the other Sponsors. 6.2 A withdrawal by any one of the three Sponsors shall immediately dissolve and terminate this MOU in its entirety. 4 7. AGENCY AND PUBLIC PARTICIPATION On an as -needed basis, the Plan Managers shall work in cooperation with the Yakama Nation, state and federal agencies, and local governments. Generally public participation shall be through exchanges with such groups as the YTAHP's technical work group, or similar technical work groups that may be in existence, and through the public notice requirements of SEPA and NEPA. 8. PROTECTION OF EXISTING AUTHORITY Nothing contained herein shall abrogate or abridge the authority and or responsibilities of any of the Sponsors. 9. EFFECTIVE DATE/TERM OF M.O.U. 9.1 This MOU shall be effective on the date when all Sponsors have signed and executed this MOU. 9.2 This MOU terminates at midnight on December 31, 2005, unless terminated earlier by any Sponsor in accordance with Section 6, or unless the Plan Managers agree in writing to an extension in time and funding as may be necessary to meet costs for any additional work to be undertaken during the extended time period. 10. MISCELLANEOUS PROVISIONS, TERMS AND CONDITIONS 10.1 Severability. 10.1.1 If a court of competent jurisdiction holds any part, term or provision of this MOU to be illegal or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the MOU did not contain the particular provision held to be invalid. 10.1.2 If any provision of this MOU is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict and shall be deemed modified to conform to such statutory provision. 10.2 Third Parties. The Sponsors are the only parties to this MOU and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any right or benefit, whether directly or indirectly or otherwise, to third persons. 10.3 Drafting of Agreement. All Sponsors have participated in the drafting of this MOU. As such, it is agreed by the Sponsors that the general contract rule of law that ambiguities in the contract language shall be construed against the drafter of a contract shall have no application to any legal proceeding, arbitration and/or action in which this MOU and its terms and conditions are being interpreted and/or enforced. 5 10.4 Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: To the City: Dave Brown Water & Irrigation Manager 2301 Fruitvale Boulevard Yakima, WA 98902 To Yakima County: Joel Freudenthai Public Works 128 N. 2nd Street Yakima, WA 98901 To WSDOT: Mark Reynolds Environmental/Transportation Specialist 2809 Rudkin Rd. Union Gap, WA 98903 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 10.5 Integration and Amendment of MOU. This written document constitutes the entire agreement between the Sponsors. There are no other oral or written agreements between the parties as to the subjects covered herein. This MOU may be amended at any time by a unanimous decision of the Plan Managers. All such amendments must be in writing signed by the Pian Managers. Amendments shall be numbered, filed in accordance with Section 11.6, and attached to the original MOU. 10.6 Filing with County Auditor and City Clerk. The City shall file a copy of this Agreement with the Yakima County Auditor's Office (pursuant to RCW 39.34.040) and the Yakima City Clerk. Approved as to form: Date: ATTEST: of the Burr+ 41k) e t „ujlup `��.e SMA Cljbe � r. • D OF YAKIMA COUNT, OMMISSIONERS a...�/c . Member Sandra J. Aco to Deputy Clerk of the Board xiseme-e-;v4 Approved as to form: CITY OF YAKIMA Date: ATTEST: Karen Roberts, City Clerk 6 0 "--7®`' Approved as to form: a � R. A. Zais, Jr., ity Manager CITY CONTRAC r NO RESOLUTION NO: WASHINGTON STATE DEPARTMENT OF TRANSPORTATION Date: Don Whitehouse, P.E., SCR Administrator 7 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. I For Meeting of 10/19/2004 ITEM TITLE: Lower Naches River Coordination Partnership Plan Memorandum of Understanding SUBMITTED BY: Dave Brown, Water/Irrigation Manager CONTACT PERSON/TELEPHONE: Dave Brown / 575-6204 SUMMARY EXPLANATION: The floodplain of the lower Naches River, from approximately the Nelson Dam to the confluence with the Yakima River and the lower Cowiche Creek from Powerhouse Road to the confluence with the Naches, contains significant public infrastructure, including US Highway 12; local roadways, bridges, and Greenway Path; Fruitvale and Old Union irrigation diversions; storm water facilities; and flood levees and flood control structures, necessary to the operations of the City of Yakima, Department of Transportation and Yakima County. This MOU is to coordinate a joint effort between the City, Yakima County and the Washington Department of Transportation (DOT) for development of the Lower Naches River Plan. The Lower Naches River Project will develop a strategy/action plan along with funding sources for work/projects that have been developed individually and severally by each of the participants for this reach of the Naches River. The City, County and DOT have agreed to share costs at 1/3 each. The City's main interest in the project is to develop altemative methods for the water delivery to the Fruitvale Canal. Also attached is a recent article from the Yakima Herald about the Partnership. Staff respectfully requests City Council to approve the attached resolution authorizing the City Manager to execute the accompanying Memorandum of Understanding between the City, Yakima County and DOT. Financial support for this plan will be from appropriations approved by Council in the 479 Irrigation Improvement Fund, Yakima County and by DOT. Not to Exceed Cost $52,000 Resolution X Ordinance Other (Specify) Contract Mail to (name and address): Funding Source 479 Irrig ion Improvement Fund APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve resolution authorizing the City Manager to execute the accompanying Memorandum of Understanding. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2004-164 M `:ERA COM Mon, September 20, 2004 A Daily Part of Your Life </TD< tr> Published on Monday, September 20, 2004 River Robs the Bank By DAVID LESTER YAKIMA HERALD -REPUBLIC Mark Reynolds finds himself between some rocks and a lot of water. The rocks make up the reinforcement that is supposed to protect Highway 12 at 16th Avenue in north Yakima. The water is the Naches River, which assaults the roadbed on a daily basis, pounding against the rock barrier and threatening the integrity of the roadbed itself. At some point, with enough water and enough time and no intervention, the highway would be washed out. A major flood, like that which occurred in 1996, would be enough to do it. HILLARY WHEAT/Yakima Herald -Republic Mark Reynolds of the State Department of Transportation meets Dave Brown of Yakima Water and Irrigation along a section of the Naches river that is subject to constant erosion and flooding. A group of local agencies have been working together to come up with a permanent solution instead of another Band-Aid of dumping a load of rocks. A total failure of both the westbound and eastbound lanes would send flood water into Lake Aspen, threatening homes and businesses along its shore. Reynolds, environmental coordinator for maintenance programs for the state Transportation Department in Union Gap, expects he will have to take steps to protect the highway and, with it, the traveling public. He's prepared to do that with what likely will be another load of rock along the base of the roadbed, a stop -gap measure that has been taken five times in the past decade. He'd prefer not to Band-Aid the problem again, which is what another load of rock would be. An interim solution involves combinations of rocks and logs strategically placed in the river channel to deflect flow away from the road. The department is close to determining a specific plan. A required environmental review could see a final plan adopted next spring. But a permanent solution lies upstream, where Dave Brown, city of Yakima water and irrigation manager, said there has been a half - century of mistakes. "As humans, we are reaping the benefits of how we screwed up 50 years ago," he observed. The multitude of problems — erosion, encroachments on the flood plain that squeeze the river into a more narrow channel, and poorly designed and constructed dams and levees — has city, county and state officials talking about how they might find solutions to their individual problems that benefit everyone else who has a stake in the river. Combined, the projects run into the millions of dollars, with portions to be paid from local, state and federal dollars and grants. Salmon recovery money and federal funds from such sources as the Army Corps of Engineers and the Bureau of Reclamation are possible. "When you peel this onion down, the Transportation Department's sole purpose is to protect public safety on Highway 12," Reynolds said. "Our project is the bank -protection issue." "We are in the bigger picture of things that the city and the county have other activities in the flood plain," he added. We want to work together instead of chasing each other around." The city of Yakima wants to consolidate the existing Fruitvale and Old Union diversions and canals, replacing them with a 48 -inch buried pipe at Nelson Dam to the west. A piped diversion would end periodic irrigation -water shortages created by fluctuations in the river level. A rock dam that helps divert water into the Fruitvale canal would be eliminated. By doing so, a concrete dam at the mouth of Cowiche Creek, placed there to help the city and the private irrigation companies obtain irrigation water, could also be removed. Taking out the dam means nearby river levees could be reduced or removed to restore more of the flood plain. Yakima County wants to restore a more normally operating flood plain to reduce the threat to the public and private property from flooding. Joel Freudenthal, a Yakima County fisheries biologist, said those changes provide benefits to fish and wildlife along with a flood plain better able to handle high flows during a flood. All agencies working together should result in permanent solutions that ease problems and save money in the long run, he said. "Everyone has been working separately and fighting their own battles, and it is costing everybody money," Freudenthal said. County officials have plans on the drawing board to replace the Powerhouse Road bridge and realign the intersection of Cowiche Canyon Road and Powerhouse Road next year. The county wants to make sure the construction doesn't cause more headaches for the city and state than already exist. How the agencies work together will be outlined in an interlocal agreement still being hashed out. The agreement could be presented to the Yakima City Council late this month or in October. "The thrust of the agreement is to get together so we have a solid framework of what needs to happen, how we can assist each other and not step on each other," Brown said. While the agencies look for comprehensive solutions, the Yakima Kayak Club, which proposed a white -water park in the Naches River stretch from 40th to 16th avenues late this spring, now must wait until at least 2006 to pursue its park plan while the road -protection issue gets resolved. The club had hoped to create the park when the state installs its longer -range solution to erosion. But the state agency has no authority to spend money on recreational facilities. A white -water park involves the placement of rocks in the water that would create waves used by kayakers in competitions. Nick Sloan of Yakima, club president, said slalom gates could be added at a later time for races. Sloan said the group is still interested in the site but is looking at other locations as well. One is near the Clemens View Park and Sports Complex, along Highway 12 near Neches. Jeff Ranger, Naches city administrator and park board president, said there have been initial discussions with the kayakers, but nothing firm has been decided. "If we can make it work, that would be great," Ranger said. The park represents a better location for a white -water park, with improved access and more space for spectators than at 16th Avenue. The kayak club has run into other issues. Sloan said the group expects its engineering review will cost as much as 10 times the $10,000 originally expected and will take longer to complete. He said the group still wants to look at the 16th Avenue stretch but realizes it will take longer while agencies deal with the issues that afflict the Naches River. Those issues are numerous. Between the Powerhouse Road bridge, just upstream from Nelson Dam, down to 16th Avenue, the Naches River is in trouble. Man-made changes that range from dams to irrigation diversions and levees have changed the river for the worse. Nelson Dam, where water is diverted to provide irrigation water within city limits, captures sediment behind its concrete structure. One possible solution is to place a sluice gate in the dam that will allow sediment to roll through the dam during periods of high flows. Below the dam, the river scours rock and sediment from the stream bed. As the cutting lowers the river level, regular modifications to irrigation diversions are needed so water continues to flow into open canals. Sediment picked up by the downcutting gets deposited just upstream of 16th Avenue, where the river slows and bends to the south. Adding more sediment there is making the river higher than its flood plain and focuses the river's water and force directly at the road bed. And that brings the discussion back to the 16th Avenue on-ramp, Reynolds' concern about the safety of the highway and his agency's desire to solve the erosion problem once and for all. © Copyright 2004 Yakima Herald Republic