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HomeMy WebLinkAboutR-2009-167 Wide Hollow Creek Obstruction Abatement Interlocal Agreement - WCC, DOE, WA StateRESOLUTION NO. R-2009-167 A RESOLUTION authorizing the City Manager to execute an Interlocal Agreement and potential subsequent amendments with the Washington State Department of Ecology "Washington Conservation Corps" (WCC) for obstruction abatement in Wide Hollow Creek from 72nd Avenue to 80th Avenue. WHEREAS, the City has an important transportation capacity and infrastructure to protect along 72nd Avenue where Wide Hollow Creek passes under the roadway; and WHEREAS, the City has observed that obstructions including but not limited to trees and beaver dams upstream from 72nd Avenue that pose a risk to the bridge and roadway due to uncontrolled stream flooding; and WHEREAS, the City, the County's Flood Control Zone District, Ecology and the State Resource Agencies agree that these obstructions should be removed; and WHEREAS, the City does not have the experience nor the resources to remove the obstructions and Ecology's WCC does have such experience and capacity; and, WHEREAS, the Yakima City Council finds it in the best interest of the City and for the safety of its citizens to engage the services of WCC to remove obstructions in Wide Hollow Creek to protect 72".1 Avenue and the bridge from flood damage in the attached and incorporated Agreement WCC09-39-004 with the State of Washington, 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 an Interlocal Agreement and potential subsequent amendments with the Washington State Department of Ecology "Washington Conservation Corps" (WCC) for obstruction abatement in Wide Hollow Creek from 72nd Avenue to 80th Avenue. ADOPTED BY THE CITY COUNCIL this 8th day of D mber 200 ATTEST: ...PUS NO. 8-2931-114 Wilk Halm, Clea Bono Df David Edler, Mayor ECOLOGY WCC AGREEMENT NO WCC09-39-004 WASHINGTON CONSERVATION CORPS SPONSOR CONTRACT THIS CONTRACT made by and between the State of Washington Department of Ecology Conservation Corps, hereinafter referred to as the "DEPARTMENT," and the City of Yakima, a municipal corporation, hereinafter referred to as the "SPONSOR." 1.SPONSOR: City of Yakima 2. CONTACTS 3. ADDRESS: DEPT. PROJECT LEADER Nicholas Mott (360) 407-6946 SPONSOR CONTACT Dick Zais or his desianee (509) 57S-6040 CREW SUPERVISOR Bob Milner (509) 860-1990 OTHER SPONSOR FISCAL OFFICER 4. PROJECT TITLE/DESCRIPTION: Yakima West Valley Park 5. PROJECT LOCATION: Yakima County 6. SCOPE OF WORK: Removal of beaver dams, overhanging trees and brush, and dead and down material along the creek bed. 7. PERIOD OF PERFORMANCE: CONTRACT BEGINS December 8, 2009 CONTRACT ENDS January 30, 2010 8. MAXIMUM BUDGET REIMBURSED to DEPARTMENT by Sponsor Provided by DEPARTMENT Cost Provided by SPONSOR/DONATIONS COST WCC crew 4 weeks + per diem $ 14,800 Total DEPARTMENT Cost Total SPONSOR COST S 14,800 Above cost Not to be Exceeded 10. Special Terms and Conditions ED No ❑Yes (See XVII.) 11. Biennial Closures: In accordance with biennial closing procedures, the sponsor must reimburse the DEPARTMENT no later than lune 30. 1010 for services or material supplied REMARKS under this contract when submitted for payment on properly itemized vouchers (Form A-19). AFRS ACCOUNT CODE TRANS CODE FUND APPN INDE x PROG INDE x PROJECT SUB PRO] PRO] PHAS ORG INDE x CO O8) SUB OBJ AMOUNT IN CONSIDERATION OF THE GENERAL TERMS AND CONDITIONS OF THIS CONTRACT, THE PARTIES AGREE AS FOLLOWS' 1 This contract between the City of Yakima, Washington, a municipal corporation, and the State of Washington Department of Ecology Conservation Corps, an entity of the Washington State Department of Ecology, each of which is a public agency, is entered by the parties in accord with RCW 39.34, the Washington Interlocal Act All rights and obligations of the parties to this contract shall be subject to and governed by those General Terms and Conditions contained in the text of this contract instrument and Section XVII 'SPECIAL TERMS AND CONDITIONS 11 In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order (a) Applicable Federal & State Statutes & Regulations, (b) Special Terms and Conditions, and (c) General Terms and Conditions 111 This contract and its appendices, if any, contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto IV This contract shall be subject to the written approval of the authorized representative of the DEPARTMENT and shall not be binding until so approved. Only the authorized representative by writing (delegation to be made prior to action) shall have the expressed, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this contract is not effective or binding unless made in writing and signed by the authorized representative V AUTHORITY AND PURPOSE. A. Authority The Legislature enacted Chapter 43.220 RCW which created the Washington Conservation Corps, hereinafter referred to as the "WCC," and named the DEPARTMENT as one of six state agencies having implementation authority. B. Purpose The purpose of this contract is to establish a formal understanding between the DEPARTMENT and the SPONSOR to accomplish the project described in Section VII "SCOPE OF WORK." This contract is designed to specify the kinds and amounts of goods and services to be used and/or exchanged by the DEPARTMENT and the SPONSOR to their mutual benefit through a WCC project. The SPONSOR acknowledges that participation in the WCC program shall not result in the displacement of currently employed workers, including partial displacement such as reduction in hours of non -overtime work, wages, or other employment benefits, nor in the impairment of existing contracts for services. VI DEFINITIONS A. "SPONSOR Contact" shall mean the person who serves as the SPONSOR's lead on the project and shall cooperate with all parties concerned to promote successful completion of the project described in Section VII 'SCOPE OF WORK.' B "SPONSOR Work Director" shall mean the person who specifies work to be performed onsite and is responsible for directing WCC crew supervisor(s) regarding specific project tasks as described in Section VII "SCOPE OF WORK." C "DEPARTMENT Project Leader' shall mean the person who is responsible for developing and facilitating the project and shall serve as liaison between the DEPARTMENT and SPONSOR. PROJECT LEADER assumes ultimate responsibility to ensure adequate coordination of the project. D "Corps Member shall mean an individual enrolled in the WCC program. Corps members shall not be considered regular state employees. Provisions of law relating to civil service, hours of work, rate of compensation, sick leave, unemployment compensation, state retirement plans. and vacation leave do not apply to the Corps members. However, medical aid and state industrial insurance will be provided by the DEPARTMENT for each Corps member E. "Crew Supervisor" shall mean the person who is responsible for matters relating to personnel administration and overall project direction. He/she supervises Corps members (generally four or more) regarding work to be accomplished and is responsible for individual crew safety, daily crew supervision and discipline, completes Corps member training plans, and provides a written evaluation of each Corps member's job performance and skills acquired after two months and at termination of employment. VII SCOPE OF WORK. Both parties agree to complete in a satisfactory and proper manner the services described under this Section of this contract, and to provide materials and supplies necessary to ensure satisfactory completion of the project, including any special equipment required by special work conditions, and to procure any necessary permits such as right of entry. The DEPARTMENT agrees to provide Corps members who will be used to complete said work, All equipment provided by either the DEPARTMENT or the SPONSOR shall be returned to the provider within fifteen (15) days after termination of this contract, unless otherwise specified in Section XVII. "SPECIAL TERMS AND CONDITIONS " The specific project objective is described as follows. (Provide specific description, location, etc., here) VIII PERFORMANCE. A. Time for Performance Any work performed prior to the effective date of this SPONSOR CONTRACT, or continuing after the completion date of same, unless otherwise agreed upon in writing herein, will be in violation of this contract and will be at the SPONSOR's expense B Compliance With All Laws Both parties agree to observe all federal and state laws, regulations, and policies affecting performance under this contract. C Release of Information or Materials The SPONSOR will not release any information or materials developed pursuant to this contract without prior written authority from the DEPARTMENT D Final Report Evaluation Within fifteen (15) days after termination of this contract, the SPONSOR shall provide the DEPARTMENT with a written evaluation of the project. At a minimum, the following shall be evaluated 1 Benefit to Corps members 2 Environmental benefits 3 Department cooperation/coordination 4 Whether the overall goals and objectives of the project were obtained 5 Suggestions for program improvement 6 Revised estimates of alternate supplier cost and SPONSOR cost/donation IX TERMINATION OF CONTRACT A. Termination by SPONSOR for Cause If the DEPARTMENT fails to fulfill in a timely and proper manner its obligations under this contract, or if DEPARTMENT shall violate any of the covenants, agreements, assurances, or stipulations of the contract, SPONSOR shall have the right to terminate this contract by giving written notice specifying the effective termination date to the DEPARTMENT at least seven (7) days before such effective termination date. B Termination by DEPARTMENT for Cause If SPONSOR fails to fulfill in a timely and proper manner its obligations under this contract, or if SPONSOR shall violate any of the covenants, agreements, assurances, or stipulations of the contract, DEPARTMENT shall have the right to terminate this contract by giving written notice specifying the effective termination date to the SPONSOR at least seven (7) days before such date C Termination by DEPARTMENT for Convenience The DEPARTMENT may terminate this contract by giving written notice to SPONSOR of such termination and specifying the effective date thereof at least ten (10) days before the effective date of such termination In that event. all finished or unfinished documents and other materials as described above shall be delivered to DEPARTMENT for its review After the review at the option of DEPARTMENT such documents or material or portions thereof shall become its property D Insufficient Funding In the event funding from local, state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, the SPONSOR and the DEPARTMENT may terminate the contract under Section IX.(C) "Termination by DEPARTMENT for Convenience" clause, subject to renegotiation under those new funding limitations and conditions. X LIABILITY A. When direct supervision is provided by the DEPARTMENT employed crew supervisor, the DEPARTMENT agrees that WCC members working under this contract are agents of the DEPARTMENT, and therefore the DEPARTMENT shall be liable for personal injury or property damage caused by WCC Corps member negligence B When direct supervision is provided by the SPONSOR, the SPONSOR agrees that WCC Corps members working under this contract are agents of the SPONSOR, and therefore the SPONSOR shall be liable for personal injury or property damage caused by WCC Corps member negligence It is the SPONSOR's intent to avoid any direct supervision of WCC Corps members C To the extent that the Constitution and laws of the State of Washington permit, each of the parties to this contract shall be responsible for damage to persons or property resulting from the negligence on the part of itself, its employees, its agents, or its officers Neitherparty assumes any responsibility to the other party for the consequences of any act or omission of any person, firm, or corporation not a party to this contract. Each party shall defend, indemnify, and hold harmless the other, the other's agents, officers elected officials, employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from each party's specific performance or non- performance of the services, duties and obligations required of it under this Agreement. XI NON-DISCRIMINATION The DEPARTMENT and the SPONSOR agree that during the performance of this contract, DEPARTMENT shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification protected under federal, state, or local law This provision shall include but not be limited to the following employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this contract. XII DISPUTE'S Except as otherwise provided in this contract, when a bona fide dispute arises between the DEPARTMENT and the SPONSOR and it cannot be resolved, either party may request a dispute resolution with the DEPARTMENT The parties agree that this dispute resolution process shall precede any action in a judicial tribunal Either party's request for a dispute resolution must: A. be in writing, B state the disputed issues, C state the relative positions of the parties, D state the SPONSOR's name, address, and WCC Agreement number; E be mailed to the DEPARTMENT within thirty (30) days after the party could reasonably be expected to have knowledge of the issue(s) which are now in dispute DEPARTMENT agrees that any dispute that is brought to its attention through the process set forth above shall be addressed expediently and efficiently toward a timely resolution XIII INVOICE VOUCHERS Reimbursable expenditures under the terms and conditions of this contract shall in no event exceed the amount set forth herein The SPONSOR shall reimburse the DEPARTMENT for services performed when submitted on a properly itemized voucher (Form A-19) in accordance with Section 9 "MAXIMUM BUDGET' Reimbursement shall be made by the SPONSOR within thirty (30) days of receipt of said voucher. XIV AMENDMENTS Changes in any of the terms of this contract shall only be accomplished by written amendment and executed by both parties prior to implementation XV SUBCONTRACTS The SPONSOR shall not enter into subcontracts for any of the work contemplated under this contract without obtaining prior written approval of the DEPARTMENT'S PROJECT LEADER. XVI. RECORDS RETENTION Both parties shall maintain books, records, documents and other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of the SPONSOR CONTRACT These records shall be subject at all reasonable times to inspection, review, or audit by duly authorized personnel for six years after the contract end date XVII SPECIAL TERMS AND CONDITIONS Special terms and conditions of this contract contained in the box below are not made a part of this contract (requires initials) Department Sponsor XVII ENTIRE CONTRACT This document contains the entire and integrated contract between the parties, and no statement, promise, inducement or agreement made by the DEPARTMENT or its agents or an employee that is not contained in this written contract shall be valid or binding No alteration, addition, or modification of any of the terms or conditions of this contract shall be effective if not in writing and signed by the authorized representatives of the SPONSOR and the DEPARTMENT SIGNATURES TITLE City Manager DATE IRA cI TITLE WCC Program Director DATE Pre -Approved as to form by the Assistant Attorney General Ecology is an Equal Opportunity and Affirmative action employer For special accommodation needs, contact the Washington Conservation Corps at (206) 407-6947 The TDD number is (206) 407-6006. CITY CCN IRAC r NO: RESOLUTION NO Wide Hollow Creek/West Valley Park Vegetation Project Private Property Ownership 18132933401,DENNIS E & KATHERINE HEIT,1303 S 80TH AVE,YAKIMA,Washington 98908 18132933402,PAUL M & KRISTINA LARSON,2311 W CHESTNUT AVE,YAKIMA,Washington 98902 18132934401, DOUG LEMON,PO BOX 541,YAKIMA,Washington, 98907 18132934007,DALE B & RHEA MURPHY,1308 S 72ND AVE,YAKIMA,Washington 98908-1916 FCZD Project Status Form January 2009 Current Demonstration Project (CIP) - YAPN 03-079 West Valley A. Project Title: West Valley Community Park Project (FC-3121) B. FCZD Rote: Lead K.M. a C.B. Cooperators: City of Yakima, Department of Fish and Wildlife C. Brief Project Description: Need • The park area and residences to the west and north of the Park experience flooding in response to major and more frequent floods due to restricted channel capacity and the small bridge at 80th Avenue. An overflow channel was constructed in 2003 by the County to the south of Wide Hollow main channel but is proving insufficient for intermediate size floods. Property was acquired for the flood control works. This channel was meant to reduce the chance for flood water to overtop the left bank of Wide Hollow and inundate residential areas located on the north side of Wide Hollow. Intent • The following changes are considered: (a) Increase the capacity of the overflow channel. (b) Improve access to the overflow channel (c) Enlarge the existing culvert at the end of the overflow channel to allow water to return to Wide Hollow Creek main channel and stabilize erosion in that area. (d) Acquire additional property adjacent to school property located in the park area for additional flood control works such as berms. (e) Through cooperation with the City upgrade the existing bridge on 5. 80 Ave to a wider span. Benefits • Reduce flooding to City and County residents and enhance fish and wildlife habitats in the area. D. Project Status D1. Recent Project Work: Hydrology has been determined for this project and survey data acquired as part of the FEMA Wide Hollow mapping project and Shaw Creek relocation project. Data collection includes LIDAR and structural survey data. A FEMA hydraulic model of the area is nearing completion which would include the West Valley Flood Mitigation Project area. A federal grant application for this project ($315,000) has been made under the Hazard Mitigation Grant Program for year 2009-2011 D2. Near Term Work: The FEMA hydraulic model will be ready and delivered by the consultant to Yakima County in March 2009. The West Valley Community Park project will be tied to the hydraulic modeling results that will be generated for the Shaw Creek channel overflow project. A consultant or Surface Water Division could use this hydraulic model to design the West Valley Flood Mitigation Project. D3. Major Milestones Et Dates: It would take approximately four months (September 2009) to provide preliminary designs of this project after receiving the FEMA Wide Hollow model and the results from the Shaw Creek overflow channel project. At that point Public process would be initiated for potential construction in 2010. 27 On October 14th Randy Murphy, Wayne Deason and I looked at the conditions on Wide Hollow Creek between 72nd Avenue and 96th Avenue Bridges - None of the bridge crossings are obstructed by debris at this time. 72nd Ave Bridge The bridge has good clearance and is unobstructed. There is a small rock dam immediately upstream from the bridge that collects debris which raises the pool level and causes embankment erosion. The rocks are large enough that they will require heavy equipment to move. The rocks should be moved to the embankment to reduce erosion. There is concern by the adjacent property owner, Dale Murphy, that when he removes the beaver dams adjacent to his property that there will be additional erosion that will damage the bridge. 1 don't think that will be a problem if the beaver dams are breached and the water level allowed to equalize before the dams are completely removed. 80th Avenue Bridge The bridge has poor clearance but is unobstructed. The water is pooled under the bridge indicating a downstream obstruction 96th Avenue Bridge - County The bridge has poor clearance but is unobstructed. Water is flowing well with no beaver dams evident directly upstream or down stream from the bridge Beavers The more immediate problem is the beaver dams. Besides the basement flooding Mr. Dale Murphy is experiencing, a comer of a gravel parking lot at West Valley Community Park is partially flooded. The beaver dams need to be removed from east to west so as not exasperate the down stream flooding. A trapper brought in by Mr. Murphy has set traps to remove the beavers near 72nd Ave Mr, Murphy has the acquired the permits to remove the two dams adjacent to his property. There are many more dams upstream from the Murphy property up including three adjacent to the park. Cottonwoods An additional problem is the large cottonwoods growing either in the stream channel or directly adjacent to it. They are obstructing and diverting water flow. The diversions are causing erosion of the stream banks. In many cases the trees have been integrated into the beaver dams. A lame limb from one of these trees could easily wedge against a bridge, especially at 86th Ave and 96 Ave, creating a blockage that could damage the bridge and/or cause local flooding. Recommendations The city does not have the resources to properly clear the channel. There is an immediate need to remove the beaver dams that are presently causing flooding The rock dam at the 72nd Ave bridge should be removed as soon as possible, with the rocks to be used a rip -rap on the stream embankment Permits may be are required from the State of Washington and the Corps of Engineers; application for those permits should come from engineering, storm water or parks division. Removal work will need to be contracted out The city does not possess the equipment that is needed to safely remove the beaver dams or the rock dam. A more comprehensive program that will deal with the control of beaver dam building and tree and brush growth within the stream channel and flood way needs to be developed. The city pays Yakima County an annual fee to provide planning and management of the waterways Those funds should be directed towards a study to develop a comprehensive stream management plan for Wide Hollow Creek that provides recommendations and cost estimates for both short term and long term solutions to keep the stream channel and floodway clear Follow Up This past weekend Mr Murphy breached the beaver dams adjacent to his property; the water levels in that area have dropped significantly The beaver dams upstream and the remaining portions of the beaver dams adjacent to the Murphy property along with other debris still needs to be removed from the creek to minimize the chance of flooding through the winter and spring seasons. West Valley Community Park Project • *nprove Overflow Channel Capacity Upgrade Existing Bride to a Wider Span West Valley Park afi Enlarge Existing Culvert • 41, West Valley Community Parx Flood Mitigation Project, With. Hollow Creek 26 Public Services - Surface Water Management Division - Flood Control Zone District Yakima County Departments Services Courts Government Community I 12/1/09 4:03 PM YAF\i/t1A C OUNT1' Public Services :r;) f,, c--',rc Search Public Services Home Surface Water Management Flood Preparedness » Flood Control Zone District » Flood Maps » Yakima Basin Initiatives Regulatory & Development Stormwater Management Drainage Districts » Division Staff Ger. do>hr Reader Upcoming Events Surface Water Management Division .a Fay ,5',9) 574 2'201 Toppenish 1996 Since 1894 the Yakima River has flooded 47 times, since 1970 the area was declared a national disaster 8 times due to flooding. The Naches River and several tnbutaries experienced flooding at the same time of the Yakima River flood events. Flood Control Zone District On January 13, 1998, the Board of Yakima County Commissioners established the Yakima Countywide Flood Control Zone District. 'The purpose of the Flood Control Zone District (FCZD) will be to address flood management needs within the county. The activities of the distract could include, but are not limited to, flood waming and emergency response, flood proofing and elevation of structures, property acquisition, implementation of consistent development regulations that recognized the impacts of flooding, basin wide flood planning, and the identification, engineering, and construction of capital projects to mitigate and/or address flooding problems". Limited resources will be available during the first few years of district operation. The county will direct its efforts towards planning and managing activities that will protect public property, the coordination and development of county wide comprehensive flood hazard management plans that are consistent with reducing the potential for flood damage, and demonstration projects to correct emergent flood related problems. RESOLUTIONS: INTENT FORMATION CONTINUATION Flood management initiatives to address specific private property issues are expected to be addressed by the establishment of sub zones within the Flood Control Zone District. Additional details are contained in the FCZD brochure. FLOOD MAPS Are you in a flood zone? Maps & National Flood Insurance Program information. COMPREHENSIVE FLOOD HAZARD MANAGEMENT PLANS (CFHMP) Upper Yakima River Naches River Ahtanum-Wide Hollow Flood control improvements (as defined in the FCZD RCW's) can be categorized as: http://wenv.yakimacounty.us/SurfaceWater/FCZD.htm Page 1 of 2 Public Services - Surface Water Management Division - Flood Control Zone District 12/1/09 4.03 PM Facilities - These typically include flood control "works" such a levees or floodgates designed to provide a specific level of flood protection. The majority of flood control works are constructed in cooperation or partnership with other agencies such as the Corps of Engineers, the NRCS (historically), or the Washington State Department of Transportation. Construction or Demolition Projects — These projects typically seek to reduce flood hazard by improving floodplain function or removal of structures has or has a high likelihood of being damaged by floods. Construction projects that do not result in permanent facilities would include projects such as channel relocation, channel expansion, or alteration of floodplains to increase flood water storage or conveyance. Demolition projects can include the demolition of structures such as repetitive flood damage structures (including roadways or other infrastructure), old or abandoned levees, and old or abandoned irrigation diversion or distribution facilities. Floodplain Storage and Conveyance Preservation Projects - This type of project will normally involve acquisition of fee simple or other rights to property. These projects will usually be located in the FEMA floodway in detailed study areas, or in other high hazard areas in non -detailed or unmapped floodplains only after study and documentation of the hazard. The primary purpose of any real property or property rights acquisition shall solely be for flood hazard reduction and mitigation purposes consistent with the District's goals and objectives and the District's authorities. Other FCZD projects The Yakima County -wide Flood Control Zone District performs a variety of actions to reduce flood hazard within the County. Among these are: • Preparation and implementation of Comprehensive Flood Hazard Management Plans (RCW 86.16) • Remapping and maintenance of the Flood Insurance Rate Maps within the County. • Studies and inventories related to floodplain function, channel and floodplain processes, and monitoring the effects of floods during flood events. • Cooperation with other jurisdictions in water quality, quantity, and habitat plans and projects within the Yakima Basin as a whole. • Review of development proposals for consistency with flood and stormwater plans covered by RCW 86.15 LEVEES PROJECTS Ownership, maintenance Completed, in progress and maps and in planning Other Flood Control Zone District Activities http://www.yakimacounty.us/SurfaceWater/FCZD.htm Page 2 of 2 Section 2 Comprehensive Flood Hazard Management Plans (CFHMP) CFHMP Study Areas Upper Yakima CFHMP Study Area Naches River CFHMP Study Area Lower Yakima CFHMP Study Area Ahtanum Wide Hollow CFHMP Study Area _ Naches Selah Union Gap Yakima Roads Rivers, Streams 0 1',6 t(*.. 10 ...t.. A YakImap•Qom CoprwM (C, 2001 v...n. Corny TTus m.4 w.. Oerwsd .Orn stnnarol d.Iab.M. The Caec/ a.,a .e..p r..Dan..O.li0 b any mo. TT.r.IOr..O,w O• no rsn.Rr.. b M. product ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of December 8, 2009 Resolution authorizing City Manager to execute an Interlocal Agreement (ILA) with the State of Washington, Department of Ecology's Washington Conservation Corps (WCC) for obstruction abatement in Wide Hollow Creek from 72nd Avenue to 80th Avenue to protect the City's bridge crossing at 72nd Avenue SUBMITTED BY: Chris Waaivick, Director of Public Works Joe Rosenlund, P.E., Streets ManagerfTraffic Engineer CONTACT PERSON/TELEPHONE: Joe Rosenlund, P.E., Streets Manager/Traffic Engineer (576-6005) Jeffery Peters, Associate Planner, 575-6163 SUMMARY EXPLANATION: In mid-October of this year, Wide Hollow Creek water levels rose in response to moderate rainfall and ;nowmelt in the headwaters. In addition to flooding property adjacent to the Creek, we judged that 72nd Avenue and the bridge over Wide Hollow Creek were exposed to risk. Much of the problem is from beaver dams and trees in the creek bed. Joe Rosenlund, Street Manager, visited the site and recommended that the City initiate action to protect 72nd Avenue and the bridge from flooding this winter. The County Flood Control Zone District (FCZD) has also recognized that this area has a flooding problem (see attached FCZD project description). Jeff Peters, Planning, has been working with the FCZD, Ecology and Washington State Fish and Wildlife to prepare the necessary permits to engage in -stream removal of beaver dams, trees and root wads. Jeff Peters also got in contact with Ecology's Conservation Corps. This group has experience in this kind of work and has elicited the confidence of regional resource agencies to be trusted working on these kinds of in -stream or riparian projects. The attached ILA specifies the scope of work and cost ($14,800) for obstruction abatement in Wide Hollow Creek from 72nd Avenue to 80th Avenue. (Continued on next page.) Resolution X Ordinance Other (Specify) WCC ILA, Map; FCZD Proiect Status form Contract X Mail to (name and address): Funding Source: $20,000 — $10,000 Risk Management; $10,000 Parks Capital APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff recommends approval of the Resolution. 30ARD/COMMISSION/COMMITTEE RECOMMENDATION: COUNCIL ACTION: Wide Hollow Creek December 8, 2009. Page 2 Yakima Courity's FCZD collects approximately $450,000 ($1.235 million county -wide) from within City limits. However, recent communication with the County indicates that this countywide assessment is for planning and study activities; specific project costs are to come from grants or adjacent benefited property owners. The attached map shows adjacent private property owners; additionally, West Valley School District owns property adjacent to Wide Hollow Creek also just east of the City's West. Valley Park. The funding recommendation consists of $10,000 from the City's,Risk Management fund and $10,000 from Parks Capital. Staff will contact the West Valley School District and inquire as to their capability to participate in the cost. However, we do not recommend waiting to begin the contract work or discussions with the West Valley School District. The cost of this project is $14,800 in the WCC Agreement and an additional $5,000 in project equipment rental costs. Beaver Dam Flood Agenda Itemstf