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HomeMy WebLinkAbout8-26-2024 PW_CDS SS Briefings KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS—BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: August 26, 2024 TOPIC: Whiskey Creek Flood Alleviation ACTION REQUESTED: Direction to Staff LEAD STAFF: Arden Thomas RECOMMENDATION: Direct staff to work with D.R. Horton to finalize a Memorandum of Agreement and enabling documents. BRIEFING SUMMARY: • Flood Control Zone District staff have discussed a joint project with D.R Horton to reduce flood risk along Whiskey Creek. • The proposed flood alleviation work would occur within the easements recently acquired along Whiskey Creek. • Staff recommends a Memorandum of Agreement with D.R. Horton to formalize roles and responsibilities. • The Memorandum of Agreement would also address responsibilities for the Bender Road flow restrictor. • Project costs are included in the 2024 Flood Control Zone District Budget. BACKGROUND: RCW 86.15.080(8) grants flood control zone districts the power to cooperate with any private corporation for flood control purposes. Flood Control Zone District staff have discussed a joint project with D.R. Horton to reduce flood risk along Whiskey Creek, upstream of Bender Road. The project would occur within easements recently acquired for this purpose and an easement granted by D.R. Horton. DISCUSSION: Flood Control Zone District staff are designing,modeling,permitting,providing plants, and will oversee construction the project. D.R. Horton will be responsible for constructing the project. The Memorandum of Agreement would also address responsibilities for the Bender Road flow restrictor. D.R. Horton is responsible for this structure until January 1, 2026 and Kittitas County would then assume responsibility until the downstream siphon project has been granted substantial completion. Page 1 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT FISCAL IMPACTS: Project costs are included in the 2024 Flood Control Zone District Budget. Partnering with D. R. Horton enables us to be more cost effective with our available funding ATTACHMENTS: Exhibit 1: DRAFT Memorandum of Agreement Page 2 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT Exhibit 1: DRAFT Memorandum of Agreement Page 3 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT MEMORANDUM OF AGREEMENT BETWEEN SSHI LLC,D/B/A/D.R. HORTON AND KITTITAS COUNTY FLOOD CONTROL ZONE DISTRICT SUPPORTING WHISKEY CREEK FLOOD MANAGEMENT THIS MEMORANDUM OF AGREEMENT ("MOA")is made and entered into by and between SSHI LLC, d/b/a/D.R. Horton,hereinafter referred to as"DRH,"and the Kittitas County Flood Control Zone District,hereinafter referred to as the"District,"and collectively referred to as the "parties." WHEREAS, Kittitas County established a County-Wide Flood Control Zone District(District) pursuant to chapter 86.15 RCW for the purpose of addressing flood management needs within the county; and WHEREAS, RCW 86.15.080(8) grants flood control zone districts the power to cooperate with any private corporation for flood control purposes; and WHEREAS, DRH, a private corporation, owns that certain real property commonly known as Black Horse at Whiskey Creek("DRH Property"); and WHEREAS,the District has secured easements along Whiskey Creek for the purpose of implementing stream channel.and flood conveyance improvements; and WHEREAS, DRH and District desire to cooperate to improve flood management along Whiskey Creek, where Whiskey Creek runs along the eastern edge of the DRH property. WHEREAS, DRH and District desire to establish a Memorandum of Agreement to define DRH's and the DISTRICT's respective roles,project contributions, and specifying funding for cooperative Whiskey Creek flood management. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein,it is agreed by and between the parties as follows: I. SCOPE The parties will work together in a cooperative fashion to manage Whiskey Creek within the project area by 1)identifying roles and responsibilities associated with the flow restriction plate at the Bender Road bridge and 2) designing, implementing, installing, and maintaining the Whiskey Creek Inset Floodplain project, as further described in Appendix A and hereafter referred to as the "floodplain project." II. PERIOD OF PERFORMANCE This Agreement will go into effect on September 3, 2024, and shall be in place until December 31, 2027,unless terminated sooner as provided herein. III. ROLES AND RESPONSIBILITIES A. DRH will: 1. Review and provide feedback on 90%drawings for the floodplain project. 2. Construct the floodplain project, following the design specifications and environmental permit conditions,under the direction of the District. 3. Contribute 50 percent of the funding to cover necessary plant maintenance for a 3-year period. B. The DISTRICT will: 1. Submit a Hydraulic Project Approval project application to the Washington Department of Fish and Wildlife for the Ellensburg Water Company Siphon project, and in that permit application request to keep the flow restrictor plate in place until the Ellensburg Water Company Siphon project has been granted substantial completion. 2. Remove the flow restrictor plate upon the completion of the Ellensburg Water Company Siphon project 3. Design the floodplain project. 4. Obtain any necessary temporary construction easements to construct the floodplain prof ect. 5. Obtain required state and local permits to construct the floodplain project. 6. Provide and deliver necessary plant material and large woody material for the"floodplain project. 7. Oversee DRH crews construction crews for the purposes of ensuring the project is constructed to design standards and meets permit requirements. 8. Hold a contract for necessary plant maintenance activities and contribute 50 percent of the required funding. IV. PROVISOS .A. Nothing in this MOA is intended to create any rights in any party not a party to this MOA nor third-party beneficiaries. B. Nothing in this MOA creates a resource obligation outside that stated within the agreement. C. This is not an exclusive agreement,and both parties reserve the right to compensate additional professional service providers. D. Indemnification/Hold Harmless. Kittitas County and DRH agree to hold each other and theirs officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees arising out of or resulting from the acts, errors or omissions of the parties in the reasonable performance of their duties under this Agreement, except for those injuries and damages that are caused or are attributable to the negligence of the agency. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Kittitas County and DRH and their officers, officials, employees and volunteers, the parties liability, including the duty and cost to defend shall be only to the extent of the responsible parties negligence. The provisions of this section shall survive the expiration or termination of this Agreement. E. Attorney's Fees. If any legal action or proceeding is commenced relating to this Agreement, the prevailing parry is entitled to recover its reasonable attorneys' fees and costs. F. By signing this agreement, both parties certify that neither they nor their officials are not debarred, suspended, declared ineligible, or voluntarily excluded from participation in this transaction by any federal agency or department. V. RECORDS MAINTENANCE The parties to this contract shall each maintain books, records, documents and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. These records shall be subject to inspection,review or audit by personnel of both parties,other personnel duly authorized by either party,the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents,in any medium,furnished by one party to this agreement to the other party, will remain the i property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. VI. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. VII. AGREEMENT ALTERATIONS AND AMENDMENTS This agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. VIII. TERMINATION Either party may terminate this Agreement upon 30 days prior written notification to the other party. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. IX. GOVERNANCE This contract is entered into pursuant to and under the authority granted by the laws of the State of Washington and any applicable federal laws. The provisions of this agreement shall be construed to conform to those laws. In the event of any inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule,the inconsistency shall be resolved by giving precedence in the following order: a.) Applicable state and federal statutes and rules; b.) Scope of work(Attachment A); and c.) Any other provisions of the agreement, including materials incorporated by reference. X. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. XI. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder;conforms to the requirements of applicable law and the fundamental purpose of this Agreement,.and to this end the;provisions of this Agreement are declared to be severable. XII. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of thus Agreement shall be deemed to exist or to bind any of the parties hereto. XIII. CORRESPONDENCE The contact person for all communications regarding the performance of this Agreement. The Contact for DRH is: Name,Title Company Address City, State Zipcode The Contact Person for the District is: Arden Thomas, Kittitas County Water Resources Manager Kittitas County Public Works 411 N. Ruby Street,#1 Ellensburg, WA 98926 IN WITNESS WHEREOF,the parties have executed this Agreement. By: Brett Wachsmith By:Name Title: Chairman,Board of County Commissioners Title: Title, DRH Date: Date: A ti £ll '- jj 1 Y� KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS—BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: August 26,2024 TOPIC: Upper Yakima River Floodplain & Habitat Restoration Implementation ACTION REQUESTED: Direction to Staff LEAD STAFF: Arden Thomas RECOMMENDATION: Direct staff work with Bonneville Environmental Foundation on outreach efforts. BRIEFING SUMMARY: • The Flood Control Zone District applied for implementation funding for the Upper Yakima River Floodplain& Habitat Restoration Project. • This project is also known as the Lower Kittitas Reach Floodplain Reconnection Project. • The project is currently in the design phase and is on track for constructed to start in 2027. • The project will address flood risk and habitat degradation associated with the failing Hansen Pits levee. • The project will be implemented on Kittitas County and Bureau of Land Management Lands. • The Bonneville Environmental Foundation has offered to work with Kittitas County to support legislative outreach efforts. BACKGROUND: The failing Hansen Pits levy currently provides the worst of all worlds. It does not provide effective flood control and also disconnects the floodplain from ecologically beneficial flows. The Flood Control Zone District has been working to develop a restoration plan for County- and Bureau of Land Management-owned properties to provide more effective flood control, improve fisheries habitat, support public access, and allow for flood-compatible agricultural uses. The project is currently in the design phase and is on track for construction to begin in 2027. Kittitas County submitted a funding application to Floodplains by Design for project implementation. Floodplains by Design is a Department of Ecology program which works in partnership with the Bonneville Environmental Foundation. The ranked project list for this grant program was recently released and our$10,000,000 application ranked well,reflecting the strong benefits of this project. Page 1 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT DISCUSSION: Main project elements include the removal of levees and berms within the project reach, the construction of flood protection set-back berms,the partial restoration of Hansen Pits, and the connection and creation of side-channel habitat. Some public access elements, like a parking lot on Stone Road and identification of a trail location,will be included. The Bonneville Environmental Foundation has offered to work with Kittitas County to support legislative outreach efforts by creating fact sheets and potentially coordinating site tours. FISCAL IMPACTS: This project has been included in the Flood Control Zone District 6-Year Capital Improvement Plan and annual budgets. Additional funding will be needed to fully construct this project, and additional grants are being sought. Specific implementation plans will be scaled and timed to match to available funding. ATTACHMENTS: Exhibit 1: 2025 —2027 Floodplains by Design Grant Program Ranked List Exhibit 2: Project Overview Page 2 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT Exhibit 1: 2025—2027 Floodplains by Design Grant Program Ranked List Page 3 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT DEPARTMENT OF EC©LOGYFloodplains by Design State of Washington •REDUCING RISK,RESTORING RIVERS• 2025- 2027 Floodplains by Design Grant Program Ranked List A E Hood Canal Salmon Lower Big Quilcene River&Estuary Enhancement 1 Group Restoration Snohomish County Community Floodplain Solutions(CFS)— 2 4111 411111 Phase 4 Implementation&Evaluation North Olympic Hoko River Floodplain Restoration at Upper 3 , Salmon Coalition Cowan Ranch Stillaguamish Tribe Stillaguamish Watershed: Improving 4 of Indians Floodplains&Farmlands Clear Creek Floodplain Reconnection Pierce County 5 ' • Project[Near-Term Actions] Stevens County Chewelah Valley Restoration&Integrated 6 , Floodplain Management Project Kittitas County toll Upper Yakima River Floodplain&Habitat `� Restoration Implementation Whatcom County The Nooksack River: Floodplains that Work 8 •, „ —Phase 4 Trout Unlimited Hangman Creek Floodplain Restoration at 9 •• • Grouse Creek Ranch—Phase 1 King County Snoqualmie River Collaborative Floodplain 10 Restoration City of Ellensburg Floodplain Protection Land Acquisition 11 ,: 1 oil •• City of Tumwater Deschutes River Watershed Recovery 12 1 11 its , Phase 1 Mason Skokomish Watershed Flood Risk _ Conservation Reduction &Habitat Enhancement Project 13 i District Yakima County Cowiche Creek Complex 14 • : Lower Columbia Nature-based Sediment Solutions in the Fish Enhancement 15 •• • Toutle Watershed Group Columbia River East Fork Deep River Reconnection& Estuary Study Flood Reduction—Phases 1 &2 16 Task-force City of Seattle Duwamish River Floodplain Restoration for 1 Sea-Level Rise Adaptation Approximately 3%has been added to each project funding request for Ecology's administrative costs. 2The running total includes$927,000 in funding for Bonneville Environmental Foundation's(BEF)continued support of the Floodplains by Design program.As the primary NGO partner in this public-private partnership, BEF will provide statewide technical assistance,technical studies,and facilitation of public- private-tribal advisory groups related to implementing capital projects. 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C w O O txo . .P _ (t cz to cz E cz CZ O , • ZA00 x KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS—BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: August 26, 2024 TOPIC: 6-Year Transportation Plan Update ACTION REQUESTED: None LEAD STAFF: Cameron Curtis RECOMMENDATION: No action required BRIEFING SUMMARY: • Per RCW 36.81.121 Public Works is required to publish a 6-Year Transportation Improvement Plan prior to the adoption of the budget. • Schedule: o Open Houses— September 3and 4 o Request to Set a Public Hearing—September 17 o Adopt 6-Year Plan at Public Hearing—October 1 • Public Works has prepared and attached the final draft 6-Year Transportation Improvement Plan. This draft assumes the Road Levy passes. BACKGROUND: Public Works has been working to update the 6-Year Transportation Plan, as required by RCW 36.81.121. The Plan highlights all capital improvement projects Public Works is planning through the year 2030. Larger capital projects Public Works intends to competitively bid are identified first, and County Forces projects are identified at the end. The plan is broken down by planning, design, right of way, and construction phases. Funding sources (planned and secured) are also identified to help calculate the impact to the road fund. Public Works intends to host two open houses to share the final draft of the 6-Year Plan with the public. The first open house will be scheduled for September 3, from 4:00 PM to 6:00 PM at the Public Works Office in Ellensburg. The second open house will be scheduled for September 4, from 4:00 PM to 6:OOPM at the Upper County Maintenance Shop, Cle Elum. Once Public Works has received input from the community, the draft will be finalized, and a Public Hearing will be requested. Public Works has developed this plan assuming the Road Levy will pass. In the event the Levy does not pass,projects will need to be cut and an amendment to the plan will be submitted later this year. FISCAL IMPACT: The 6-Year Transportation Plan will help set the Public Works budget for 2025. ATTACHMENTS: Exhibit 1: Draft 6-Year Transportation Improvement Plan for 2025-2030 Exhibit 1: Draft Six-Year Transportation Improvement Plan 2025-2030 I rn MM (3J)8uMaauiHu3 $ ool=. � Aemyo lyei uH�sap 8u�uueld yingsua] � �mn�n e�a n�n (33)8u11aa137 uoiUa,lsuo] Aem to lyH1H u8izap 8uiuueld I3J)8uu wi8u3 � voiUNlsW] � Aem�o lye!n ;;8izap 8 8uiuueld uoiU,ssuo] S �mti�R _N ml^ti (3J18uyeaulfu3 � �, ugUswswJ I Aem�o ly8iy u8lzap Huiwe�d (3J)8u,eui8u3 _ u,1supJ tam�a n8ie a���aele (33)ful'-Z' 3 uo�Un,lsuoJ Aem io nlHle v R I 8uryuge aae] a e m o r 43 W3304 —Z. — % 3, Wto �'g ,aq—u-1— r LL E za h r 3 O OZ — �Q� V i c E O N a< i� 3 z" s = Eagz� a69�ga a��sa � a e�xs� - - a� KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES 2024 STUDY SESSION STAFF REPORT STUDY SESSION DATE: August 26, 2024 TOPIC: 2024 Building Permit Update ACTION REQUESTED: None BACKGROUND: With the new energy requirements related to building construction KCCDS is providing a building permit update for 2024 along with a 2023 comparison,plan review times & issues. • 2024 building permits o New SFR's=285,New Res. Accessory = 108 (YTD as of 8/19/24). o Customers rushed to submit plans prior to code change due to energy restrictions increasing. o Estimated building costs $10-$20K for residential construction due to new energy restrictions. • 2023 Comparison o Total permit comparison: SFR's=241, Res. Accessory= 162 (Full year). • 2024 Plan review timelines dropping rapidly-Plans submitted prior to the March 15 code change* have made it through review including 240 single-family residences (SFR's) received Jan 1 —March 14, 2024. • Full plan reviews average four hours. • Importance of Plan Review-Fraudulent Engineering(three instances in the last 1 '/2 years) INTERACTION: CDS. RECOMMENDATION: None. HANDLING: None. ATTACHMENTS: None. LEAD STAFF: Chad Bala, Director.