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HomeMy WebLinkAbout2022-08-22-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS Public Works Study Session Regular Meeting Monday August 22, 2022 -1:30 PM Commissioners' Auditorium and Webex 205 West 5th Room 109 - Ellensburg and Webex 1. Call to Order 2. Citizen Comments (1 min. time limit) 3. Request to Authorize Chair Signature on an Interlocal Agreement Extension Request Letter with Kittitas County Conservation District. 4. 2022 Guardrail Repairs 5. Skyline Ridge Water Availability 6. Safe Streets For All Grant Submittal Discussion 7. USDA Community Wildfire Defense Grant 8. Proposed Changes to Kittitas County Code Chapter 2.48 9. Manastash Right of Way Issues with Department of Natural Resources 10. Executive Session: RCW 42.30.110 (1) (c) To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price. However, final action selling or leasing public property shall be taken in a meeting open to the public. 11. Other business 12. Concluded Created on 8/17/2022 4:48:18 PM KITTITAS COUNTY PUBLIC WORKS STUDY SESSION MINUTES In -Person and Webex Regular Meeting MONDAY 1:30 PM August 22, 2022 Board Members Present: Chairman Laura Osiadacz, Vice -Chairman Cory Wright, and Commissioner Brett Wachsmith. Others: Mandy Buchholz, Commissioners Office; Mark Cook, Rebecca Cruse, Public Works; Jerimiah Cromie, Community Development Services; Neil Caulkins, Prosecuting Attorney Office. At 1:30 pm Chairman Laura Osiadacz opened the Public Works Study Session. CITIZEN COMMENTS No Comments REQUEST TO AUTHORIZE CHAIR SIGNATURE ON AN INTERLOCAL AGREEMENT EXTENSION REQUEST LETTER WITH KITTITAS COUNTY CONSERVATION DISTRICT Mark Cook requested Chairman Osiadacz signature on a letter extending the interlocal agreement for design of fish passage at Whiskey Creek crossing of the Ellensburg Water Company canal. Vice -Chairman Cory Wright motioned to authorize signature on the finalized letter, Commissioner Brett Wachsmith seconded the motion. Motion passed. 2022 GUARDRAIL REPAIR Mark Cook briefed the Board of County Commissioners on damages caused to guardrail on Vantage Highway due to a recent wildfire, and damages to guardrail due to a vehicle accident on Westside Road. Mark Cook added that staff has estimated the cost and requested Board approval to contract the repair work due to the extent of damages. The Board of County Commissioners directed staff to move forward with the contracts for repair. SKYLINE RIDGE WATER AVAILABILITY Mark Cook briefed the Board of County Commissioners on several Water Availability Determinations that were held up due to a minor well alteration made by the developer. Mark Cook appreciated the cooperation between the Building Department and Public Health for assisting to resolve this issue. SAFE STREETS FOR ALL GRANT SUBMITTAL DISCUSSION Mark Cook briefed the Board of County Commissioners on the available grant to improve safety at Snoqualmie Pass. Mark Cook explained that 2022-8-22 Minutes the infrastructure needs surpass available resources without a grant. Currently, staff is engaging stake holders and spearheading efforts to acquire grant funding. Mark Cook requested Board support to submit the grant. Discussion was held. The Board is supportive of staff moving forward with grant submittal. USDA COMMUNITY WILDFIRE DEFENSE GRANT Mark Cook gave background to the Board of County Commissioners on USDA grant funding available for implementing actions contained within the Community Wildfire Protection Plans (CWPP). Mark Cook stated that the grant requires a 25% match and staff is working with Fire Officials and Emergency Management to prepare the grant. Discussion was held. The Board supports staff efforts toward securing the necessary funding for grant match. PROPOSED CHANGES TO KITTITAS COUNTY CODE CHAPTER 2.48 Mark Cook stated he is working on a revision to Kittitas County Code Emergency Management Chapter 2.48. Questions pursued about scenarios allocating Public/Board resources on private land. Staff was directed to schedule a public hearing to consider the change. MANASTASH RIGHT OF WAY ISSUES WITH DEPARTMENT OF NATURAL RESOURCES (DNR) Mark Cook gave background on the status of the Manastash Bank Stabilization Project. Mark Cook stated that the project requires cooperation with DNR to secure additional land to support roadside parking and an end of road turnaround and negotiations haven't been successful as DNR is requesting Kittitas County vacate right-of-way along Manastash Road. Mark Cook continued that staff is recommending returning the Federal Lands Access Program (FLAP) grant to the Federal Highway Administration (FHWA)and proceed with commitments to Fish and Wildlife, completing the bank stabilization project. Vice - Chairman Cory Wright requested staff scheduled another discussion to secure an unencumbered easement with DNR and address the repetitive encumberments by DNR on road improvements in Kittitas County. EXECUTIVE SESSION At 2:39 pm Chairman Laura Osiadacz announced that the Board of County Commissioners, Public Works Director Mark Cook, and Prosecuting Attorney Neil Caulkins would recess into Executive Session until 2:49 pm. Per RCW 42.30.110(1)(c) To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price. However, final action selling or leasing public property shall be taken in a meeting open to the public. Possible action anticipated. 2022-8-22 Minutes At 2:49 pm the Board reconvened out of Executive Session. The Board gave staff direction to review the airport lease and necessary updates. Meeting concluded at 2:50 pm. Rebecca Cruse, Administrative Assistant 2022-8-22 Minutes KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Laura Osiadacz, Chairman KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: August 22, 2022 TOPIC: Interlocal Agreement with Kittitas Conservation District for Whiskey Creek at Ellensburg Water Company Siphon Design Project— Agreement Time Extension. ACTION REQUESTED: Authorize the Chair's Signature on the Interlocal Agreement Time Extension. LEAD STAFF: Arden Thomas RECOMMENDATION: Authorize the Chair's signature on the Interlocal Agreement time extension with Kittitas Conservation District. BRIEFING SUMMARY: • The current interlocal agreement with Kittitas Conservation District (KCCD) designing a siphon at Whiskey Creek is expiring. • Staff desires a time extension allowing completion of the design effort. • Staff proposes extending the agreement until December 31, 2022. BACKGROUND: The Board of County Commissioners entered into an interlocal agreement with Kittitas County Conservation District in Resolution 2021-043. The agreement is expiring, and the siphon design is not yet complete. The design is expected to be completed late fall 2022. DISCUSSION: KCCD is willing to extend our current interlocal allowing sufficient time for the consultant (Anderson Perry) to complete final design. The Flood Control Zone District (FCZD) will hold onto the final design until recent litigation is resolved involving Black Horse at Whiskey Creek plat. The FCZD has removed siphon construction from our proposed 2023 capital facility construction budget. FISCAL IMPACTS: Design completion is budgeted in the FCZD's 2022 capital facility budget. Page 1 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT ATTACHMENTS: Exhibit 1: INTERLOCAL AGREEMENT TIME EXTENSION BETWEEN KITTITAS COUNTY FLOOD CONTROL ZONE DISTRICT AND KITTITAS COUNTY CONSERVATION DISTRICT Page 2 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: INTERLOCAL AGREEMENT TIME EXTENSION BETWEEN KITTITAS COUNTY FLOOD CONTROL ZONE DISTRICT AND KITTITAS COUNTY CONSERVATION DISTRICT Page 3 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT August 10, 2022 Commissioner Osiadacz Chairman, Kittitas County Board of Commissioners 205 W 5th Ave Suite #108 Ellensburg, WA 98926 Re: Modification to Interlocal Agreement Between Kittitas County Flood Control Zone District and Kittitas County Conservation District. Dear Commissioner Osiadacz, On March 16, 2021 the Kittitas County Conservation District and Kittitas County Flood Control Zone District entered into an Interlocal Agreement for the purpose of working cooperatively to design a fish passage improvement at the Whiskey Creek crossing of the Ellensburg Water Company canal (Kittitas County Resolution No. 2021-043). Per Term 14 of this agreement, "the provisions of this Agreement may be modified or amended only by written mutual agreement of the parties, executed by personnel authorized to bind each of these parties." May it be known that the undersigned parties, for good consideration, do hereby agree to extend the Interlocal Agreement from the current term of the agreement which ended on June 30, 2022, to December 31, 2022. The parties reaffirm no other terms or conditions of the above-mentioned contract shall be negated or changed as a result of this modification. Signatures: Mark Wore, Board of Supervisors Kittitas County Conservation District 91((/2 z Date J , ?2 22 Date KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: August 22, 2022 TOPIC: 2022 Guardrail Repairs ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook RECOMMENDATION: Affirm staff's decision putting critical guardrail repairs out to solicitation. BRIEFING SUMMARY: • The recent Vantage fire destroyed significant guardrail along Vantage Highway • Recent damage on Westside Road involves specialty guardrail that is best suited for repairs by other than Public Works BACKGROUND: The recent Vantage fire destroyed 400 feet of guardrail including several specialty impact ends. Significant retrofit is required making the repaired guardrail compliant. A motorist recently wiped out 150 feet of guardrail along Westside Road in section involving specialty bent rail sections. DISCUSSION: Public Works (PW) generally repairs damaged guardrail throughout the county. Given the amount and specialty nature of damaged Vantage Highway and Westside Road guardrail, staff is electing to solicit repairs from qualified guardrail companies. PW budgets annual guardrail repair within our Maintenance division budget. Staff will seek cost recovery for the Westside Road repairs. FISCAL IMPACTS: Vantage Highway is estimated at: $27,000.00 Westside Road is estimated at: $22,000.00 Page 1 of 1 Public Works "Work Session Staff Report", 2022 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: August 22, 2022 TOPIC: Skyline Ridge Water Availability ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook RECOMMENDATION: Support staff efforts. BRIEFING SUMMARY: • Skyline Ridge recently had several water availability determinations revoked by Public Health (PH). • The developer altered the location of water extraction from Washington State Department of Ecology's (Ecology) initial permit, thus requiring submittal of additional documentation to Ecology. • Public Works (PW) encouraged the developer to submit the requested additional well documentation and agreed to advocate for building permit release from Health and the Building Department— once submitted by the developer. • The requested documentation was submitted by the developer's water rights attorney. • Permits have been released and final Ecology approval is expected in the next couple of months, owing to current staff levels. BACKGROUND: During final well construction serving the Skyline Ridge plat, a minor alteration occurred requiring the Department of Health to withdraw their determination of water availability. Public Works met with the developer's representatives early during the week of August 8th encouraging the developer file appropriate change documentation with Ecology. The developer's water right attorney submitted the requested change documentation late in the week of August 8'h. DISCUSSION: Public Works confirmed Ecology review of submitted documentation would likely take several months. Believing the risk of denial is low from Ecology, PW advocated for building permit release with a proviso in SmartGov that no certificate of occupancy be issued until Ecology accepts the submitted change documentation. This action allows time sensitive construction to begin immediately. FISCAL IMPACTS: None defined at this time. ATTACHMENTS: None. Page 1 of 1 Public Works "Work Session Staff Report", 2022 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: August 22, 2022 TOPIC: Safe Streets for All Grant Submittal ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook RECOMMENDATION: Direct staff proceed with grant submittal. BRIEFING SUMMARY: • Public Works (PW) planning staff has been meeting with Snoqualmie Pass stakeholders for the past several months. • PW has agreed to lead grant submittal efforts on behalf of all stakeholders. • Stakeholders are seeking funding for a safety plan for the pass. • Lack of significant accident data makes the effort difficult. • Grant match is anticipated in the $120,000 range. BACKGROUND: Private and public interests desire comprehensively planning for congestion and safety improvements at Snoqualmie Pass for the next twenty years. A group of stakeholders (resort operators, business owners, Washington State Department of Transportation, King County, homeowner associations, and various other state and federal agencies) are pulling together in this effort. A recent grant opportunity "Safe Streets and Roads for All", provides promise for dealing with increasing safety concerns at the pass. While the county has an approved Highway Safety Plan meeting grant requirement, it does not address Snoqualmie Pass. Numerous owners of existing infrastructure make using the county's existing safety plan difficult. PW believes a specialty safety plan is required to manage competing transportation demands at the pass. DISCUSSION: The complex interactions of pedestrian, bike, heavy trucks, passenger vehicles, transit and parking demand are slowly strangling the pass. While the numbers of significant injury accidents and transportation related deaths do not exist currently, it is a matter of time before we begin seeing such trauma at the pass. The proposed grant narrative is provided in EXHIBIT 1. Seeking to get in front of the pending calamity, PW is leading the safety planning effort on behalf of pass stakeholders (a proposed scope of work and task budget is provided in EXHIBIT 2 attached). Page 1 of 4 Public Works "Work Session Staff Report", 2022 The Safe Streets and Roads for All Action Plan grant match requirement is 20 percent. The current scope of work estimates is in the $600,000 range — requiring $120,000 in grant match. It is unknown what contributions to match various stakeholders are willing to commit. PW recommends submitting the grant and if award is offered, then soliciting for match support — or decline the grant. FISCAL IMPACTS: Current match cost is estimated at $120,000. ATTACHMENTS: EXHIBIT 1: GRANT NARRATIVE EXHIBIT 2: SCOPE OF WORK AND TASK COST ESTIMATE Page 2 of 4 Public Works "Work Session Staff Report", 2022 EXHIBIT 1: GRANT NARRATIVE Page 3 of 4 Public Works "Work Session Staff Report", 2022 Snoqualmie Pass is a year-round recreation destination for the Seattle metropolitan area and Puget Sound Region. The public demand for outdoor recreational amenities and services at Snoqualmie Pass has grown exponentially in recent years. Kittitas County is the third fastest growing county in Washington State with a population increase of nearly 50 percent in the past twenty years. Population growth has spurned development at Snoqualmie Pass, capitalizing on increased public demand for mountain recreation estimated at 30,000 visitors on a winter peak day. This increased use has created conflicts between pedestrian, bike, passenger car and commercial truck traffic. Snoqualmie Pass lacks a safety action plan and increased incidents of collisions, injury and death are expected. Existing infrastructure is outdated, and capital investment needs surpasses available resources. Kittitas County and dozens of stakeholders (federal, state, local and private) are partnering to complete a Snoqualmie Pass Comprehensive Safety Action Plan to guide priority transportation safety improvements at Snoqualmie Pass, to minimize future injuries and deaths resulting from increasing multimodal uses. This plan will address existing and emerging safety deficiencies, using a Complete Streets approach to avoid future injury and deaths. A holistic approach combining public and private problem solving will ensure financial sustainability for the Snoqualmie Pass economy and businesses while minimizing risks to public safety. The Snoqualmie Pass Comprehensive Safety Action Planwill address parking, pedestrian, bicycle, commercial trucking, transit, micromobility, personal conveyance, and passenger car conflicts, along with necessary circulation improvements. Missing datasets will be collected and evaluated; ranking criteria will be developed; implementation actions will be identified, prioritized, and incorporated into public and private capital facility plans as financial capacity allows. The completed Plan will inform subsequent implementation grant applications, to fund critically needed transportation improvements at Snoqualmie Pass which will lead to improved safety for all at Snoqualmie Pass. EXHIBIT 2: SCOPE OF WORK AND TASK COST ESTIMATE Page 4 of 4 Public Works "Work Session Staff Report", 2022 Snoqualmie Pass Comprehensive Safety Action Plan Scope of work TASK]: FORMULATE PLANNING GROUP Kittitas County Public Works staff will contact pass stakeholder groups soliciting for involvement representing interests in action plan development activities. At a minimum, the planning group is expected to include the following representatives and or organizations: Washington State Department of Transportation, Washington State Parks and Recreation, Washington State Department of Natural Resources, Washington State Patrol, United States Forest Service, King County, Kittitas County Community Services Department, Snoqualmie Pass Public Utility District, Kittitas Fire District 13, Yakama Tribe, Snoqualmie Tribe, Snoqualmie Pass resort operators, homeowner associations, business owners, Mountains to Sound Greenway and others to be named. Staff will contact all on the list and manage all meetings and outreach material distribution to the planning group. DELIVERABLE: Contact list with contact information. Coordination of the Planning Group through the duration of the grant. COST: $4,720. TASK 2: VERIFY ACTION PLAN ELEMENTS The Planning Group will be solicited for defining/verifying action plan elements. At a minimum, the following elements are anticipated for study: parking, pedestrian use, bike use, truck parking, and transit. All modes will be evaluated for capacity and circulation needs. DELIVERABLE: Action plan elements will be identified for study inclusion. COST: $3,360. TASK 3: COLLECT EXISTING DATA Staff will solicit all members of the planning group for existing transportation data. Existing data is expected to include crash data, comprehensive plan information, capital facility plans, roadway geometries, parking inventories, recreational use data, critical and mapped sensitive areas, resort and business plans, road standards, pedestrian, and bike use data and other as identified by the planning group. DELIVERABLE: Listing and management of all exiting data collected. COST: $7,800. Page 1 of 3 TASK 4: IDENTIFY DATA GAPS AND COLLECTION METHODOLOGIES Staff will report existing data sets to the planning group and solicit for known and desired data sets for collection. Anticipated additional data sets include projected resort and business growth plans, transportation element data, future travel demand forecasts and parking needs and likely policy development meeting growth projections. DELIVERABLE: Identified data gaps and the methodologies filling the gaps. COST: $25,000. TASK 5: DATA GAP COLLECTION Staff will evaluate the totality of gap need and develop solicitation strategies for gap data collection. It is assumed that various professional services will be required including planning and engineering support services. It is likely that travel demand forecasting will be necessary using state, local and private traffic forecasts for a twenty-year planning horizon. DELIVERABLE: Multiple professional service contracts producing the identified data from TASK 4. COST: $276,640. TASK 6: IDENTIFY DEFICIENCIES FOR ALL TRANSPORTATION ELEMENTS The planning group will evaluate gap data collected and identify remedial actions mitigating deficiencies for all transportation elements. Deficiencies are identified by utilization of 20 -year planning horizon levels of service expectations. DELIVERABLE: Listing of all transportation element deficiencies. COST: $157,560. TASK 7: FORMULATE ELEMENT RANKING CRITERIA AND APPLY TO ALL DEFICIENCIES The planning group will formulate transportation element review and ranking criterion. The criterion will be applied to all deficiencies and the elements will be ranked in order of priority. DELIVERABLE: Prioritized listing of projects addressing identified 20 -year planning horizon service level deficiencies. COST: $7,300. Page 2 of 3 TASK 8: DEVELOP FINANCIAL STRATEGIES IMPLEMENTING THE RANKED LIST OF NECESSARY IMPROVEMENTS Staff will develop preliminary strategies for implementing prioritized improvements. It is anticipated that some improvements will be implemented within existing budgets while others will require financial planning. The preliminary listing will be presented to the planning group for group review and comment. Staff will incorporate planning group recommendations and produce a financial plan for implementation. DELIVERABLE: Individual members of the planning group will provide financial implementing strategies for each prioritized action plan item. The plans are expected to include the use of current funding, maintenance funding or identified new sources of funding including federal and state transportation improvement grants. COST: $23,300. TASK 9: DELIVER SNOOUALMIE PASS SAFETY ACTION PLAN Staff will assemble deliverables from the previous eight tasks and create a draft safety action plan. The planning group will review staff's draft providing redline edits. Redline edits will be incorporated into the final safety action plan. The final plan will be distributed to funding agencies and members of the planning group. DELIVERABLE: Final Snoqualmie Pass Safety Action Plan. COST: $31,200. Page 3 of 3 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: August 22, 2022 TOPIC: USDA Community Wildfire Defense Grant ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook RECOMMENDATION: Support grant application. BRIEFING SUMMARY: • Recently, the United States Department of Agriculture issued a notice of funding opportunity supporting implementation of actions contained within adopted Community Wildfire Protection Plans (CWPP). • Public Works (PW) included an updated CWPP in the adopted Hazard Mitigation Plan (HMP) with Resolution 2019-008. • The current grant opportunity seeks to implement action items contained in adopted CWPPs. • Maximum grant award is $10,000,000. • Grant match requirement is 25 percent (25%). • PW is working fire response agencies and emergency management preparing a grant application. BACKGROUND: PW completed a comprehensive hazard mitigation plan in 2019. The plan incorporates a Community Wildfire Protection Plan. The plan contains numerous actions (EXHIBIT 1) that are now prime for implementation. The current USDA grant opportunity requires a 25 percent match and is due October 7, 2022. DISCUSSION: Two high priority actions appear prime for implementation: "Transportation Corridor Vehicle Fire Risk Reduction" and "Shaded Fuel Break Corridors". The grant team's strategy (emerging) is to utilize primary evacuation corridors and "shade" them from fire threat, utilizing preliminary corridor identification from local fire chiefs. A cost per acre will be developed and applied to prioritized corridors creating the basis for grant request. PW will evaluate a third action: "Road Access" determining if there is sufficient time to put a proposal together meeting the October 7 1 deadline. Page 1 of 3 Public Works "Work Session Staff Report", 2022 FISCAL IMPACTS: The 25% grant match requirement is significant. ATTACHMENTS: EXHIBIT 1: 2019 CWPP ACTION PLAN Page 2 of 3 Public Works "Work Session Staff Report", 2022 EXHIBIT 1: 2019 CWPP ACTION PLAN Page 3 of 3 Public Works "Work Session Staff Report", 2022 7.2 Strategic Action Plan There are three main categories of the strategic action plan identified by members of the KFACC CWPP committee. These categories correspond to the three emphasis areas of the Cohesive Strategy. Categories include 1) fire adapted communities; 2) fire resilient landscapes; and 3) response. Natural vegetation and habitat restoration activities are incorporated into fuels reduction projects. As part of the Cohesive Strategy and intent of the CWPP, two additional categories were added 4) Risk Assessment; and 5) Post -Fire Risk Reduction. Recommendations are organized into categories and listed in order of priority. Projects that address human safety issues will be of a higher priority than projects that benefit homes. No home is worth a life. Creation of a proactive knowledgeable community through education and outreach was identified as one of the most important tools to be included in the plan. The objective of this portion of the plan is to provide information to landowners and visitors to increase knowledge and understanding of fire related issues. The creation and maintenance of landscapes both around homes and across the landscape was the second priority of the landowner committee. Implementing defensible space around homes was identified as the first priority for fuels reduction, and the second priority was the general landscape. The following Strategic Action Plan (Table 8) captures actions listed throughout this CWPP. Each action has a proposed lead(s) responsible for advancing the action, a priority level for implementation, a desired timeframe for completion, and any additional notes relevant to support the action. Many actions may relate to one another. 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This section of the plan identifies and prioritizes mitigation actions, including treatments that can be implemented in the county to pursue its fire management goals. As there are many land management agencies and thousands of private landowners in Kittitas County, it is reasonable to expect that differing schedules of adoption will be made and varying degrees of implementation will be accomplished across various ownership. The primary land management agencies in Kittitas County, USFS, the State of Washington, and TNC are participants in this planning process and have contributed to its development. Where available, their schedules of land treatments have been considered in this planning process to better facilitate a correlation between their identified planning efforts and the efforts of Kittitas County. Kittitas County encourages the building of disaster resistance in normal day-to-day operations. By implementing plan activities through existing programs and resources, the cost of mitigation is often a small portion of the overall cost of a project's implementation. All risk assessments and subsequent recommendation were made based on 2017 conditions. In addition, the CWPP subcommittee does not intend restrict funding to projects identified as high priority. A project that may be a high priority for a specific community may not be a high priority at the county level. Regardless, the project may be just what the community needs to mitigate a disastrous outcome. The flexibility to fund a variety of diverse projects based on applicable criteria is a necessity for a functional mitigation program at the county and community level. 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Cook RECOMMENDATION: Direct staff prepare enabling documents. BRIEFING SUMMARY: • Following the McElroy Bridge failure, Public Works (PW) has worked to revise a key section of Kittitas County Code (KCC) 2.48. • The added section clarifies roles and responsibilities for Board of County Commissioners (Board) appointed Department heads responding to an emergency. BACKGROUND: Lacking clarity for accountability from Board appointed Department heads during emergency response, public assets were assigned to assist private property owners during the McElroy Bridge failure. Responding at the request of the Board, PW is proposing a revision to KCC 2.48. The revisions define department head roles and responsibilities without adversely impacting the response structure required pursuant to the county's adopted comprehensive emergency management plan. DISCUSSION: Proposed revisions to KCC 2.48 require departments of the Board and department heads to manage situations requiring emergency response actions. Incident command procedures consistent with adopted federal, state, and local emergency response protocols will enable appropriate allocation of resources with fiscal responsibility. Lower -level emergency response is managed by department heads until the scale and scope of the response dictate activation of the emergency manager. Once activated, the county's emergency manager assumes incident command and all Board resources report to and are coordinated by the emergency manager. Department heads continue informing the Board of fiscal impacts by department. FISCAL IMPACTS: Undetermined at this time. ATTACHMENTS: Redline version of KCC 2.48 Proposed Changes Page 1 of 2 Public Works "Work Session Staff Report", 2022 EXHIBIT 1: REDLINE VERSION OF KCC 2.48 PROPOSED CHANGES Page 2 of 2 Public Works "Work Session Staff Report", 2022 Chapter 2.48 DEPARTMENT OF EMERGENCY MANAGEMENT Sections 2.48.010 Purpose of chapter. 2.48.020 Definitions. 2.48.030 Emergency management council. 2.48.040 Emergency management council - Powers, duties. 2.48.045 Incident Command Structure 2.48.046 Incident Command — Powers and Duties 2.48.050 Director of emergency management - Created, duties. 2.48.060 Director of emergency management - Powers during disaster. 2.48.070 Emergency management organization - Membership. 2.48.080 Emergency management organization - Divisions - Services - Staff. 2.48.090 Violation - Penalty. Footnote removed by Ord. 2018-015. 2.48.010 Purpose of chapter. The declared purposes of this chapter are to provide for the preparation and carrying out of plans, including mock or practice drills, for the emergency services of persons and property within this county in the event of a disaster, and to provide for the coordination of the emergency management and disaster functions of this county with all other public agencies and affected private persons, corporations and organizations in a manner consistent with the mandates of law and the training of those responsible for leading the implementation of such emergency services. Any expenditures made in connection with such emergency services and disaster activities, including mutual aid activities, and mock or practice drills, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the county, provided that the expenditures are consistent with the mandates of law and/or funding sources related to such expenditures. (Ord. 2018-015, 2018; Ord. 99-03, 1999; Ord. dated 5/16/75 § I, 1975; Vol. M, p. 48 § 1, 1959). 2.48.020 Definitions. The definitions of RCW 38.52.010 related to Emergency Management as now in existence or amended hereafter are adopted by reference. (Ord. 2018-015. 2018; Ord. 99-03, 1999; Ord. dated 5/16/75 § ll, 1975; Vol. M, p. 48 § 2, 1959). 2.48.030 Emergency management council. The county emergency management council is created and shall consist of the following: 1. The board of county commissioners. The chairman of the board will act as chairman of the emergency management council; 2. The director of the department of emergency management, who shall be vice chairman. (Ord. 99-03, 1999; Ord. dated 5/16/75 § III, 1975; Res. 72-11, 1972; Vol. M, p. 48 § 3, 1959). 2.48.040 Emergency management council - Powers, duties. It shall be the duty of the county emergency management council, and it is empowered, to review and recommend for adoption emergency services and mutual aid plans and agreements and such resolutions and rules and regulations as are necessary to implement such plans and agreements. The emergency management council shall meet upon call of the chairman or in his absence from the county or inability to call such meeting, upon the call of the vice chairman. (Ord. 99-03, 1999; Ord. dated 5/16/75 § IV, 1975; Res. 72-11, 1972; Vol. M, p. 49 § 4, 1959). 2.48.045 2.48.030 Incident Command Structure Appointed Directors from Departments of the Board of County Commissioners shall provide initial emergency response services and act as incident command responding to emergency events consistent with the National Incident Management Structure The Department Incident Commander shall inform the Board of County Commissioners as events unfold and advise the need for expanding response. The Department Incident Commander will establish communications with the County's Emergency Manager and advise the Board of County Commissioners if implementation of the County's adopted Comprehensive Emergency Management Plan is likely. 2.48.046 Incident Command - Powers. duties It shall be the duty of the appointed Director to empower response staff at the lowest possible level responding to an emergency consistent with the adopted Comprehensive Emergency Management Plan of the County. As events dictate and the need for additional response escalates the departmental chain of command will contact the appointed Director who is responsible for making additional response activation decisions As the situation dictates the Director shall notice the County Emergency Manager of escalating resource allocations Once the decision is made to activate the Comprehensive Emergency Management Plan the appointed Director shall fully cooperate with the Emergency Manager keeping the Board of County Commissioners advised as departmental resource allocations are requested by the Emergency Manager, 2.48.050 Director of emergency management - Created, duties. There is created the office of director of emergency management as defined in RCW 38.52.010 as it exists now or is hereafter amended. The Sheriff of Kittitas County is hereby appointed ex officio to be Director of Emergency Management. The director is empowered and directed: 1. To delegate the various duties related to this position to such of his or her staff as in his or herjudgment are best qualified to perform those duties, including those listed immediately below; 2. To prepare an emergency management plan for the county conforming to the state emergency management plan and program; 3. To control and direct the effort of the emergency management organization of this county for the accomplishment of the purposes of this chapter, 4. To direct coordination and cooperation between divisions, services and staff of the emergency management organization of this county, and to resolve questions of authority and responsibility that may arise between them; 5. To represent the emergency management organization of this county in all dealings with public or private agencies pertaining to emergency management and disaster. (Ord. 2018-015, 2018; Ord. 99-03, 1999; Ord. dated 5/16/75 § V, 1975: Res. 72-11, 1972; Vol. M, p. 49 § 5, 1959). 2.48.060 Director of emergency management - Powers during disaster. In the event of disaster as provided in this chapter, the director is empowered, with the concurrence of the chairman of the county emergency management council: 1. To make and issue rules and regulations on matters as affected by such disaster; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the emergency management council; 2. To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property of the people, and bind the county for the fair value thereof, and if required immediately, to commandeer the same for public use; 3. To require emergency services of any county officer or employee, and in the event of a proclamation by the Governor of the existence of a disaster, to command the aid of as many citizens of this community as he considers necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered emergency management workers as authorized by RCW 38.52.110(2) as it exists or is hereafter amended; 4. To execute all of the special powers conferred upon him by this chapter or by resolution adopted pursuant thereto, all powers conferred upon him by statute, agreement approved by the emergency management council, or by any other lawful authority, 5. To requisition necessary personnel or material of any county department or agency. (Ord. 99-03, 1999; Ord. dated 5/16/75 § VI, 1975; Res. 72-11, 1972; Vol. M, p. 49 § 6, 1959). 2.48.070 Emergency management organization - Membership. All county and city officers and employees of this county, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons who may by agreement or operation of law, including persons pressed into service under the provisions of KCC 2.48.060(3), charged with duties incident to the protection of life and property in this county during disaster, shall constitute the emergency management organization of the county. (Ord. 99-03, 1999; Ord. dated 5/16/75 § VII, 1975; Res. 72-11, 1972; Vol. M, p. 49 § 7, 1959). 2.48.080 Emergency management organization - Divisions - Services - Staff. The functions and duties of the county emergency management organization shall be distributed among such divisions, services and special staff as the emergency management council prescribes. The emergency management council shall concurrently with the adoption of the ordinance codified herein, prescribe the form or organization, establishment and designation of divisions and services, the assignment of functions, duties and powers, the designation of officers and employees. Insofar as possible, the form of the federal government and the Department of Emergency Management of the state shall conform in organization, titles and terminology. (Ord. 99- 03, 1999; Ord. dated 5/16/75 § VIII, 1975; Res. 72-11, 1972; Vol. M, p. 50 § 8, 1959). 2.48.090 Violation - Penalty. It is a misdemeanor, punishable by a fine of not to exceed $250.00, or by imprisonment for not to exceed three months, for any person during a disaster: 1. To willfully obstruct, hinder or delay any member of the emergency management organization in the enforcement of any lawful rules or regulations issued pursuant to this chapter, or in the performance of any duty imposed upon him by virtue of this chapter; 2. To do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if such act is of such a nature as to give, or be likely to give assistance to the enemy, or to imperil the lives or property of inhabitants of this county, or to prevent, hinder or delay the defense or protection thereof, 3. To wear, carry or display, without authority, any means of identification specified by the Department of Emergency Management of the state. (Ord. 99-03, 1999; Ord. dated 5/16/75 § IX, 1975; Res. 72-11, 1972; Vol. M, p. 50 § 9, 1959). KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: August 22, 2022 TOPIC: Manastash Right of Way Issues with Department of Natural Resources ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook RECOMMENDATION: Return the Federal Lands Access Program (FLAP) grant to the Federal Highway Administration (FHWA). BRIEFING SUMMARY: • Staff is proposing to decline the Department of Natural Resources (DNR) easement offer at Manastash bank stabilization project. • DNR's easement offer supporting additional parking and a turn -around requires the county relinquish right of way. • While the standard DNR lease is adjusted in a manner similar to Dickey Creek, it imposes use restrictions on road maintenance operations. • Staff proposes returning the FLAP grant and repairing Manastash Road with cash reserves. • Once repaired, the road will be signed "No Parking" and no further snow park access will be allowed on county road. BACKGROUND: For over a year, Public Works has been attempting to secure additional land from DNR supporting increased roadside parking and an end of road turnaround at Manastash Road. PW maintains that we have right of way through the project that DNR declines to acknowledge. DISCUSSION: Our FLAP grant requires the county certify any additional right of way needed to support project objectives: repair, widen and provide a turn around. The turnaround will require additional land from DNR. DNR is offering the necessary easement with the requirement that PW vacate our right of way along Manastash Road (surrender right of way in favor of an encumbered easement). PW proposes declining DNR's offer as it requires us taking a diminished position relative to ongoing roadway maintenance. In a recent discussion with DNR attempting to resolve the issue, DNR made the comment that if the county shifted the centerline of the road towards the south portion of the right of way, there would likely be legal action as a result. Page 1 of 3 Public Works "Work Session Staff Report", 2022 Our agreement with FHWA requires right of way certification if additional land is needed delivering project objectives. The county will not be able to deliver the required turnaround — hence our desire returning the grant. As the snow park and nuisance parking is not being driven by county action, PW believes the state can solve the problem on their own without assistance from the county. PW will proceed meeting project commitments to Fish and Wildlife building a fish friendly bank stabilization project— allowing the road to remain without agitating DNR. FISCAL IMPACTS: PW has sought cost recovery from FHWA in the amount of $69,213.93. ATTACHMENTS: EXHIBIT 1: FHWA FLAP PROGRAMMING LETTER Page 2 of 3 Public Works "Work Session Staff Report", 2022 EXHIBIT 1: FHWA FLAP PROGRAMMING LETTER Page 3 of 3 Public Works "Work Session Staff Report", 2022 Q Western Federal Lands Highway Division U.S. Department 610 E. Fifth Street of Transportation Vancouver, WA 98661 Federal Highway Phone 360-619-7700 Administration December 1, 2020 Fax 360-619-7846 In Reply Refer To: HFL-17 Kyle McKeon Interim Director, Local Programs-WSDOT mckeonkna wsdot.wa.gov Subject: Project Selection from the Federal Lands Access Program (FLAP) Project Name: Manastash Road Project ID: WA KITTITAS 5301(1) Project Application: WA -FYI 8-24 Mr. McKeon: Below is a summary of the programming information for the selected project, project funding requires and the next steps. Scope: The scope of this project is to repair Manastash Road from milepost 10.65 to 11.01. The proposed work includes: Repair the embankment and washed out portion of the roadway, widen approximately 0.36 miles of Manastash Road to accommodate parking for recreational access, and provide a turn around for vehicles. The project improvement type is Type 04 - 4R, Reconstruction- No Added Capacity. Project Changes: Proposed changes to the approved and programmed project require coordination with the Federal Highway Administration to determine whether PDC approval is required. Specific examples include: • Any scope change from the initial programmed project, including design element changes; • Schedule changes which will impact the fiscal year when funds are programmed; • Any changes to the budget which impact the FLAP programmed amount or match; • The type of match being supplied; • Delivery agent changes. Programmed Funding and Preliminary Schedule: The Washington PDC approved up to $1,332,968 for this proposal from the FLAP. This amount does not include the amount of match or other contributions. The federal share for these funds is 86.5%. This project was approved with an estimated 13.5% match as cash and in-kind services from Kittitas County (County). If additional project funds are needed the County would be responsible to resource additional funds. The following table shows these phases, the programmed funds by phase, and the fiscal year(s) when funds are preliminarily programmed based on availability of funding. The actual year funds are obligated may change due to changes to the program and/or project schedule variance. 2 Phase Programmed Funds by Fiscal Year when Funds Phase (Estimates) are Programmed Preliminary Engineering (including $154,169 of FLAP NEPA, final design, Right -of -Way) 2021 Construction Engineering $83,174 of FLAP 2022 Construction $1,004,225 of FLAP 2022 Construction Contingency $91,400 of FLAP 2022 Note that when the recipient is notified that funds are available, it is the responsibility of the recipient to request funding for obligation in the planned FY per the programming letter. This includes following WSDOT Local Programs procedures as applicable for local agency recipients. This project has been added to the Office of Federal Lands Highway Transportation Improvement Program. It is the funding recipient/subrecipient's responsibility to coordinate this project's inclusion into the Metropolitan Planning Organization Transportation Improvement Program (if applicable) and the Washington Statewide Transportation Improvement Program. The programmed funds by phase in the table above are based on the current project estimate. The FLAP funding may be adjusted between project phases based on need. If the estimated amount increases, the total programmed FLAP funds may not be sufficient to complete the project as programmed by the PDC. As necessary, additional funding needs to complete the project will be provided by the selectee to address any funding shortfall. Right -of -Way and Utilities: This Project is planned to be constructed within the County right of way. No easements are anticipated, however if any are required the County will be responsible for acquiring these and following federal requirements. Telephone and power lines may be impacted. The County will be responsible for coordinating with utility companies. Owner of Federal Lands to which the Project Provides Access: Okanogan -Wenatchee National Forest (USFS) Entity with maintenance responsibility of facility: Kittitas County has maintenance responsibility of the facility. PDC considerations: As proposed Project Deliver Agent: Kittitas County Reporting: Enclosed with this letter in Attachment A is the project reporting template. As the selectee of FLAP funds, it is required that you submit this report every 6 months (January 15 and June 15) to the key staff listed below. Key Staff: Kyle McKeon, Manager, Engineering Services-WSDOT kyle.mckeonnwsdot.wa. gov Stephanie Tax, Manager, Program Management-WSDOT stephanie.tax(rbwsdot.wa. =gnu Jason Peterson, Okanogan -Wenatchee National Forest, Forest Engineer iason.n.petersona usda.gov Mark Cook, Public Works Director-Kittitas County mark.cookgco.kittitas.wa.us Rick Judd, Financial Manager, WA FHWA Division Office rick.juddndot.gov Andrew Rasmussen, Program Manager, Western Federal Lands Highway Division Andrew.Rasmussen(a dot.gov Funds from the FLAP for this project are not guaranteed. Funding is dependent on the availability of appropriations from Congress. Any programmed FLAP funds remaining after the project is complete must be returned to Western Federal Lands Highway Division (WFLHD) for competitive reprogramming through the PDC. The next step is for the WFLHD Office to coordinate the transition of this project to the Washington Federal -aid Division Office, who will administer the project through their standard processes and procedures in conjunction with the WSDOT and Kittitas County. Sincerely yours, S. SS..fFFLETCHERnedbyCOLLEEN COLLEEN FLETCHER 08'00'020.12.0315:42:16 Colleen Fletcher WFLHD Interim Planning Program & Environment Branch Chief Enclosures: Project Reporting Requirements FLAP Application Email Announcement cc: Kristin Bail, Forest Supervisor, Okanogan -Wenatchee National Forest Jason Peterson, Forest Engineer, Okanogan -Wenatchee National Forest Raju Mooney, FLH FLAP Program Manager Joseph Taylor, FLH Stewardship & Oversight Coordinator Mark Cook, Public Works Director-Kittitas County Stephanie Tax, Manager, Program Management-WSDOT Rick Judd, Financial Manager, WA FHWA Division Office