Loading...
HomeMy WebLinkAbout2022-11-28-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS Public Works Study Session Regular Meeting Monday November 28, 2022 - 1:30 PM Commissioners' Auditorium 205 West 5th Room 109 - Ellensburg 1. Call to Order 2. Citizen Comments (1 min. time limit) 3. Search and Rescue Architectural Contract Discussion 4. Black Horse at Whiskey Creek Update 5. 2023 Road Standards Review Committee Discussion 6. Bureau of Reclamation Environmental Assessment Kachess Dam Comment Response Discussion 7. Public Access of Kittitas Lands Discussion 8. Other business 9. Concluded Created on 11/21/2022 10:33:42 AM KITTITAS COUNTY PUBLIC WORKS STUDY SESSION MINUTES COMMISSIONERS' AUDITORIUM, 205 WEST 5TH ROOM 109 Regular Meeting MONDAY 1:54 PM November 28, 2022 Board members present: Vice -Chairman Cory Wright, and Commissioner Brett Wachsmith Others: Mark Cook, Arden Thomas, Rebecca Cruse, Public Works; Dan Carlson, Jessica Miller, Toni Berkshire, Jeremiah Cromie, Jeremy Larson, Chace Pederson, Kelly Bacon, Community Development Services; (2) Members of Public. At 1:54 pm Vice -Chairman Cory Wright opened the Public Works Study Session. No Citizens Comments SEARCH AND RESCUE ARCHITECTURAL CONTRACT DISCUSSION Mark Cook briefed the Board of County Commissioners on the multiple components that are affecting the Search and Rescue Facility. Mark Cook stated that the facility has grown in scope from initial proposal and expansion includes an Emergency Command Center within the facility. Mark Cook added that the county is obligated the $1.2 million from congressional spending and a minimum of $2 million is predicted to build a shell of the facility and build out the rest in phases spread through several years. Mark Cook requested Board direction on this project moving forward. Vice -Chairman Cory Wright requested a special session be scheduled with staff. BLACK HORSE AND WHISKEY CREEK UPDATE Mark Cook briefed the Board of County Commissioners on the data loggers from Black Horse Ponds. Mark Cook stated that currently, the ponds are functioning as designed with the exception to Pond 3 and DR Horton is prepping ponds to begin a 2 -year monitoring period. Mark Cook shared an update on the status of the interior roads at the Black Horse development and 90% of the paved roads have passed requirements to be established onto the county road system. 2023 ROAD STANDARDS REVIEW COMMITTEE DISCUSSION Mark gave background on past review of the County Road Standards and stated that in 2018 KPG evaluated the road standards and that the review committee in 2018 had several splits due to illness and the pandemic. Mark Cook added that staff had a renewed interest and requested Board of County Commissioners support to organize the 2022-11-28 MINUTES committee again to receive input from key contributors. Staff was directed to move forward as presented. BUREAU OF RECLAMATION ENVIRONMENTAL ASSESSMENT KACHESS DAM COMMENT RESPONSE Mark Cook reviewed the Environmental Assessment comments by the Bureau of Reclamation for Kachess Dam projected and briefed the Board of County Commissioners. Discussion was held. Vice -Chairman Cory Wright will reach out to engage in conversation with the Bureau of Reclamation. PUBLIC ACCESS OF KITTITAS LANDS DISCUSSION Arden Thomas briefed the Board of County Commissioners on the intent to manage the lands acquired for Floodplain management for public access. Arden Thomas suggested staff draft a stewardship plan for Board approval and build upon existing Kittitas County Code Chapter 9.50 to address firearms use and hunting. Discussion was held. Staff was directed to engage the Public Lands Committee for input. Meeting concluded at 2:37 pm IR ecca Cruse, Administrative Assistant 2022-11-28 MINUTES KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Cory Wright, Vice -Chairman KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: November 28, 2022 TOPIC: Search and Rescue Architectural Contract ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook RECOMMENDATION: Decide on search and rescue building construction by December 16, 2022. BRIEFING SUMMARY: • BORA architects have completed a preliminary building design for the proposed search and rescue building with an Emergency Operations Center in Cle Elum. • PW has completed initial site design for the facility. • PW desires a decision on going to construction as the Sheriffs Office has finalized the building floor plan. • Energy code will change on July 1, 2023, eliminating the potential to heat the building with natural gas. • PW has stalled full implementation of BORA's design contract using a portion to get where we are currently. • BORA's full fee is estimated at approximately $400,000. • Probable building costs could range from $4.5 million to $6 million, including site development, and current market demands. • The county is still in position to receive $1.2 million in a congressionally directed spending request. BACKGROUND: PW was noticed of a congressionally directed spending request spring of 2022. The $1.2 million request is wound into pending budget resolution in the house and senate. In April 2022 the Board authorized PW to negotiate a scope of work and fee with BORA Architects for building design. PW elected to initially authorize building schematic design only to better define probable total design fees and building costs. DISCUSSION: The time window for completing final design, soliciting bids, and pulling a building permit (prior to pending changes in the energy code) is closing. BORA is affirming that they can deliver plans, specifications and estimates in time to secure building permits ahead of the pending energy code change. The code will eliminate the ability using natural gas for heat supply. Alternative energy sources are anticipated to further inflate Page 1 of 4 Public Works "Work Session Staff Report", 2022 estimated building costs. Currently, final design fees are expected in the low $400,000 range with two separate construction options. Option one is to build the complete shell (emergency operations center (EOC) and search and rescue storage bay) and to fully build out the EOC. This option is estimated at $3.7 million (design and construction). The second option is to go all in and buildout both operational areas for an estimated total amount of $4.8 million. The economy, supply chain issues and interest rates are significant unknowns. BORA is recommending a contingency of 30% be considered in the budget to account for these unknowns at this time. PW is currently utilizing 15% contingency on our design/construction projects. The impact of the suggested 30% contingency inflates the two cost proposals to: $4.6 and $5.9 million respectively. Control of the House of Representatives is expected to change to Republican. While the majority is likely small (one short of control today with 13 seats undecided), the impact on finalizing proposed budgets is unknown. The Senate will remain Democratic. Congresswoman Schrier has been reelected. Her $1.2 million earmark remains in budget legislation. This represents approximately 25% (25 percent) of total project cost. PW has resolved onsite septic location and preliminary drain field sizing with assistance from the Health Department. Water supply requires additional effort. It is unknown if PW will be able to satisfy the Health Department on water availability certification ahead of the June building permit deadline. FISCAL IMPACTS: Multiple cost implications. A low estimate of $4.6 million with a high estimate of $5.9 million. Design fees are anticipated in the low $400,000 range. Representative Schrier has placed a $1.2 million earmark in pending budget legislation. ATTACHMENTS: EXHIBIT 1: BORA cost range sheet dated November 8, 2022. EXHIBIT 2: BORA schematic design documents Page 2 of 4 Public Works "Work Session Staff Report", 2022 EXHIBIT 1: BORA cost range sheet dated November 8, 2022 Page 3 of 4 Public Works "Work Session Staff Report", 2022 November 8, 2022 Emergency Operations Center & Vehicle Storage Facility Kittitas County Search and Rescue PRELIMINARY PROJECT BUDGET Budget Range Estimated Construction Cost Low High Site Work (NOT including public utility infrastructure) $400,000 $650,000 EOC Building 4,845 sf $300 $/sf $1,453,500 $350 $/sf $1,695,750 Vehicle Bays 6,025 sf $175 $/sf $1,054,375 $225 $/sf $1,355,625 Sub Total 10,870 sf $268 $/sf $2,907,875 5341 $/sf 53,701,375 Sales Tax @ 8.1% on Construction Costs $235,538 $299,811 Construction Contingency @ 5% $145,394 $185,069 Sub Total $303 $/sf $3,288,807 $385 $/sf $4,186,255 Consultant Services Architectural/Engineering Fees $300,000 $350,000 Electrical Engineering Extra Services, Estimated $15,000 $30,000 Civil Engineering, Estimated $25,000 $50,000 Landscape Architecture, Estimated $3,500 $4,000 Mise. Expenses (Document Printing, Consultant Travel, etc.) $2,500 $5,000 Sub Total $346,000 $439,000 Other Costs Planning Approval Fees (SEPA& Cond. Use) $2,500 $3,000 Plan Review and Building Permit $15,000 $20,000 Water Main & Fire Hydrants Connection Fees $4,000 $6,000 1" Domestic Water Connection Fee $2,000 $3,000 Water Systems Inspections (By City) $750 $750 Natural Gas Connection Fee $0 $0 Pacific Power Connection Fee $12,000 $15,000 Construction Testing (under separate contract) $15,000 $20,000 *Signage $10,000 $15,000 *Furnishings Allowance $35,000 $75,000 *Appliance/Equipment Allowance $5,000 $10.000 *Other (honer Expenses 1 11 "" Sub Total 5108,750 $182,750 Project Grand Total $3,743,557 $4,808,005 Current Market Contingency n 30'9 $872,363 Project Total w/ Current Market Contingency $4,615,919 $5,918,418 Note: "*" Indicates Owner budgeted Items EXHIBIT 2: BORA schematic design documents Page 4 of 4 Public Works "Work Session Staff Report", 2022 r v u 0 � a e `v. v m � ogm c o l i V 0 m 0 z v N J r v u e `v. ogm l i III ? W D � N I cn m I 1°2•-d• T W T D • 6'-0' I S]'�d' 20'-0' I 20'.0' � 0 20'' I I I I I I I II II 1 O >> 0 mm m REF REF _ _ f -T'1_ T_il y �n ruo I $'('' Bo oI Boo �o Z � i� 0 i I III ? W D � N N cn m cn m T W T D r. u m X m - - D X -1 m O m p� 0 m y r m r 1 z O Z fn (p o� o� o� o� a� o� m vc— I -�TI fl O l �X >-4 m m A l m .ZOI n m m 1 O Z n -S A ■ ®■ '1LJLJ'� MAN I' KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: November 28, 2022 TOPIC: Black Horse at Whiskey Creek Update ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook RECOMMENDATION: None. Informational briefing. BRIEFING SUMMARY: • D R Horton is seeking final occupancy on multiple housing units within the next 30 days. • The status of road dedications is unresolved at the time of this briefing. • Initial compaction testing results do not warrant adoption onto the public road network. • The operational status of Pond 3 remains in doubt. • The required two-year monitoring period for stormwater pond performance has not yet begun. BACKGROUND: D R Horton elected to pave the first lift of asphalt last December against PW direction. A second lift was placed earlier this year without Public Works (PW) inspection. Recent pavement compaction testing reveals a failure rate of approximately 80 percent. Pond 3 demonstrated failure for the majority of 2022. PW has an agreement with D R Horton and the Ellensburg Water Company that prohibits further development south of 29`h Avenue until stormwater pond performance is affirmed. DISCUSSION: At the time of this briefing, only 291h Avenue is being considered for public road status. PW believes bringing 29`h Avenue onto the public system is in the best interest of the City of Ellensburg. Without a majority of the remaining street system substantially meeting required compaction, PW will recommend denial for the roads being brought onto the public road system. An option would be to have the failing roads reconstructed. PW is awaiting arrival of pond monitoring data from D R Horton. The data will assist PW determine how best to manage the apparent failure of Pond 3. The pond has reflected groundwater impact since spring 2022. Once PW has analyzed pond Page I of 2 Public Works "Work Session Staff Report", 2022 monitoring data, we will work with D R Horton resolving pond design issues allowing for the start of pond performance monitoring. FISCAL IMPACTS: Undetermined at this time. ATTACHMENTS: None. Page 2 of 2 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: November 28, 2022 TOPIC: 2023 Road Standards Review Committee ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook RECOMMENDATION: Affirm Public Work's decision formulating an informal group of stakeholders to review proposed changes to Public Work's Road Standards. BRIEFING SUMMARY: • The Board of County Commissioners gave direction formulating an informal review committee in 2018. • Solicitation resulted in the following makeup of informal reviewers: one local representative from an engineering firm, one land developer and one land use planner. • The effort in 2019 stalled and Public Works (PW) now desires reformulating an informal group of stakeholders to vet our proposed changes to County Road standards. • A need to complete review of urban standards is being driven by the Board's pending June 2023 adoption of an interlocal agreement with the City of Ellensburg adopting common regulations in the city's urban growth area. • Recently, two community leaders have stepped forward offering their review services to PW. BACKGROUND: The 2019 review committee provided guidance on driveway access standards that PW took through the county's comprehensive code amendment process. An illness to a committee member stalled the effort until now. The Board and the City of Ellensburg desire having common PW road standards for adoption by June 30, 2023. Urban standards are ready for committee review and recommendations are expected at the close of first quarter 2023. Page 1 of 3 Public Works "Work Session Staff Report", 2022 DISCUSSION: PW recommends an informal committee of road standards reviewers comprised on the following stakeholders: • Land Developer • Land Use Planning Consultant • Local Engineering firm • Local Attorney and Land Use Developer • Local Realtor • County Engineer • Public Works Director The group will begin resolving urban standards assisted by the City Engineer of Ellensburg. The informal committee will advise PW without the need to formulate as a committee of the Board. The standards were completely revised in 2018 using consulting services from KPG (PW Civil Consulting roster). At a recent meeting between City of Ellensburg and County staff, it was decided to include the City Engineer for urban standards review. This will facilitate finalization of urban standards acceptable to the city for inclusion into pending Interlocal Agreement adoption for Ellensburg urban growth area land use management. FISCAL IMPACTS: None anticipated other than budgeted staffing time in the adopted 2023 PW administration budget. ATTACHMENTS: EXHIBIT 1: TIMELINE Page 2 of 3 Public Works "Work Session Staff Report", 2022 EXHIBIT 1: TIMELINE January 2023: Formulate committee and review urban standards February 2023: Develop recommendation to PW on urban standards March 2023: Develop recommendation to PW on rural standards April 2023: Finalize rural standards proposal May 2023: Propose standards to the Planning Commission June 2023: Adopt revised road standards Page 3 of 3 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: November 28, 2022 TOPIC: Bureau of Reclamation Environmental Assessment Kachess Dam Comment Response ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook RECOMMENDATION: Contact the Bureau's regional engineer assigned to the integrated plan for a discussion about future county comments on pending Bureau actions. BRIEFING SUMMARY: • The Board of County Commissioners (Board) recently provided comments on the proposed environmental assessment for Kachess Dam retrofits proposed by the United Stated Bureau of Reclamation (Bureau). • Bureau comments have been issued. It appears there is a need for discussion with the Bureau regarding Board expectations. BACKGROUND: In spring 2022, PW assisted the Board compiling a set of comments on the Bureau's proposed retrofits to the Kachess Dam. The Bureau recently issued a finding of no significant impact on proposed dam modifications (FONSI). The finding is provided as EXHIBIT 1 to this briefing. DISCUSSION: The Board's comments to the Bureau and the Bureau's response to those comments appears as EXHIBIT 2. The Bureau's response appears to lack sensitivity towards Board stated concerns. Of most concern is the verbose response to the Board's request for targeted public outreach. The provided response does not appear to contemplate the unique nature of the relationship of the Board with the Bureau when advocating for Integrated Plan priorities impacting county electorate. It may be appropriate to discuss Board expectations for future such endeavors with the Bureau's regional engineer assigned to the integrated plan. FISCAL IMPACTS: None. Page 1 of 4 Public Works "Work Session Staff Report", 2022 ATTACHMENTS: EXHIBIT 1: FINDING OF NO SIGNIFICANT IMPACT EXHIBIT 2: BUREAU RESPONSE TO COUNTY COMMENTS Page 2 of 4 Public Works "Work Session Staff Report", 2022 EXHIBIT 1: FINDING OF NO SIGNIFICANT IMPACT Page 3 of 4 Public Works "Work Session Staff Report", 2022 US Department of the Interior Bureau of Reclamation Columbia -Pacific Northwest Regional Office Boise, Idaho FINDING OF NO SIGNIFICANT IMPACT Kachess Dam Safety of Dams Modification Project Easton, Washington TALMADGE OXFORD Talmadge Oxford Area Manager Columbia -Cascades Area Office FONSI Number: PN-FONSI 22-07 Digitally signed by TALMADGE OXFORD Date: 2022.09.22 11:07:04 -07'00' Date Mission Statements The Department of the Interior protects and manages the Nation's natural resources and cultural heritage; provides scientific and other information about those resources; and honors its trust responsibilities or special commitments to American Indians, Alaska Natives, and affiliated island communities. The mission of the Bureau of Reclamation is to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the American public. Kachess Dam Safety of Dams Modification Project Final Environmental Assessment Proposed action: Reclamation is proposing to reduce the risk of dam failure by performing the following improvements: constructing an access road, preparing the site, developing staging areas to support construction and long-term maintenance, extending and lining the conduit, installing a diaphragm filter around the conduit and a stability berm on top of the filter, and installing an auxiliary drain below the outlet channel. Temporary disturbance during construction would include approximately 11 acres of surface disturbance. Permanent disturbance would include approximately 4 acres of permanent surface disturbance. Lead agency: Bureau of Reclamation, Columbia -Pacific Northwest Region 9, Columbia - Cascades Area Office Responsible official: Area Manager, Bureau of Reclamation, Columbia -Pacific Northwest Region 9, Columbia -Cascades Area Office Coordinating agencies: United States Army Corps of Engineers United States Fish and Wildlife Service Washington Department of Ecology For further information, contact: Candace McI{inley Environmental Program Manager Bureau of Reclamation, Columbia -Cascades Area Office 1917 Marsh Rd. Yakima, WA 98901 cmckinley@usbr.gov Kachess Safety of Dams Final Environmental Assessment 2 Table of Contents Chapter Page Finding Of No Significant Impact....................................................................................... Introduction........................................................................................................................ Alternatives.......................................................................................................................... Summary of the No Action Alternative ............................................. Summary of the Proposed Action ....................................................... Summaryof Impacts.................................................................................. Environmental Commitments ....................................... :.......................... . Finding of No Significant Impact............................................................. ....................... 3 ................................................ 7 Kochess Safety of Dams Final Environmental Assessment ..................... 9 ...............................10 Finding Of No Signaf leant impact Introduction In compliance with the National Environmental Policy Act of 1969, the Bureau of Reclamation (Reclamation) prepared this Kachess Safety of Dams (SOD) Modification Project Environmental Assessment (EA) to assess the potential consequences of a proposed modification to Kachess Dam and its appurtenant spillways in the Yakima River basin in west -central Washington. Kachess Dam, located about 14 miles northwest of Cle Elum, Washington, was constructed between 1910 and 1912. The dam was completed in 1912 to increase the storage capacity in an existing natural lake. Along with Keechelus Dam to the west and Cle Elum Dam to the east, Kachess Dam forms one of the upper basin storage reservoirs of the Yakima Project.' The 115 -foot - high, 1,400 -foot -long, earth -filled Kachess Dam created a reservoir with an actively managed capacity of 239,000 acre-feet.z The reservoir typically fills in the winter and spring. It is used for irrigation and fisheries -enhancement purposes in the summer and fall. Reclamation owns and operates the dam; the Yakima Field Office of the Columbia -Cascades Area Office is the entity responsible for operations. Reclamation has identified seepage and internal erosion issues through the dam embankment along the outlet works conduit, which conveys water from the reservoir to the Kachess River downstream. As reservoir water levels rise, water begins to seep in the downstream end of the conduit. The seeping water begins to scour and erode the outlet works, creating voids or holes within the dam. The eroded materials leave the conduit and are deposited into the toe drain—or the "horseshoe"' drain—surrounding the downstream end of the conduit or into a large repository formed by continuous existing voids in the conduit. As erosion intensifies, water continues to seep, and sinkholes appear in the downstream base of the dam. Combined with the pressure of the water in the reservoir behind the dam, these existing voids can crack or expand, further impacting the dam's integrity. In other words, water seeping through the dam embankment and the soils surrounding the conduit carries soil materials with it and leaves behind voids, which impact the dam's stability. This internal erosion creates a risk of potential dam failure. I In 2013, the Washington legislature authorized funding for the initial development phase of the Yakima Basin Integrated Plan, a consensus -based effort to assure sustainable water supplies for families, farms, and fish in the Yakima River basin over the next 30 years. Projects and activities outlined in the plan's fust phase are designed to quickly improve streamflows, habitat, and fish passage, and secure water for farms, cities, and industry, especially during times of drought and in response to climate change. 2 A reservoir is a managed surface water system, consistent with terminology used by Reclamation. Specifically, Reclamation defines "reservoir" as "[al body of water impounded by a dam and in which water can be stored. Artificially impounded body of water. Any natural or artificial holding area used to store, regulate, or control water. Body of water, such as a natural or constructed lake, in which water is collected and stored for use." Accordingly, Reclamation refers to the waterbody behind the dam as Kachess Reservoir. 3 "Horseshoe" is a design term based on the shape and configuration of the drain. Kachess Safety of Dams Final Environmental Assessment Finding of No Significant Impact As a result, Reclamation began investigating Kachess Dam to understand the extent of the safety risk it presents under the Dam Safety Priority Rating (DSPR) system. This system provides a means for Reclamation to establish the urgency of risk management activities and the relative priority of these actions within the overall inventory of dams. Kachess Dam was previously designated as a DSPR 3 facility (moderate to high priority). This category is reserved for annualized life loss risks or failure probabilities estimated to be moderate to high with generally moderate to high confidence. Based on Reclamation's recent investigations, the dam is now judged to be in the DSPR 2 category (urgent priority). This category is used for situations where expedited action to reduce the risk of failure may be appropriate. A timely transition into the final design process will help ensure a long- term risk reduction without delay. With this rating change, Reclamation has determined that, although the estimated risk is high, the dam's overall condition is good for its age with no significant adverse performance to date; further, the responsible office does a good job of monitoring the dam and responding to any concerns in a timely manner. However, the risk of failure is comparatively high such that timely modification of the dam is necessary. The primary reason is that, while the dam is currently stable, seepage in the areas of concern is both quantifiable and predictable over the normal operating range. The recommended interim risk reduction action is therefore focused on enhanced performance monitoring. The need for additional interim risk reduction actions will be revisited if conditions change prior to the completion of the dam safety modification. Accordingly, to prevent eroded soils from exiting the dam, Reclamation is proposing this project to filter and monitor the seepage. Reclamation's primary project goals are to limit internal erosion and decrease the risk of dam failure with moderate certainty; its secondary project goal is to limit impacts on fish and irrigation. The purpose of and need for the proposed project include 1. Implementing cost-effective measures to reduce the risks, per Reclamation's Public Protection Guidelines 2. Maintaining water deliveries to irrigation districts, tribes, and others throughout the Yakima River basin 3. Minimizing impacts on the environment 4. Maintaining water flows for endangered species As part of its SOD program mission, Reclamation is committed to ensuring its dams do not present unacceptable risk levels to people, property, and the environment. These requirements result in a need for Reclamation to implement corrective action to bring static and hydrologic risks at Kachess Dam below public protection guidelines, while minimizing impacts on the environment. Alternatives This EA analyzed two alternatives: the No Action Alternative and the Proposed Action Alternative (Proposed Action). Kachess Safety of Dams Final Environmental Assessment Finding of No Significant Impact Summary of the No Action Alternative Under the No Action Alternative, there would be no structural or operational changes to Kachess Dam or the spillway. Reclamation would not prepare the site or the access road and would not extend and line the conduit. Reclamation also would not install a filter or a stabilization berm. Accordingly, the dam and spillway would not be improved, and no changes to the operation of Kachess Dam would occur. Without action, the seepage and internal erosion issues through the dam embankment along the outlet works conduit, which conveys water from the reservoir to the Kachess River downstream, would continue (see Figure 2-1, No Action, in Appendix A). Soil materials carried by the seepage would leave behind voids within the embankment. This internal erosion would perpetuate a risk of potential complete dam failure. As stated above, as part of its SOD program mission, Reclamation is committed to ensuring its dams do not present unacceptable risk levels to people, property, and the environment. These requirements result in a need for Reclamation to implement corrective action to bring static and hydrologic risks at Kachess Dam below public protection guidelines, while minimizing impacts on the environment. Thus, this alternative would not meet the purpose of, or need for, Reclamation's action. Summary of the Proposed Action Reclamation proposes to reduce the risk of dam failure by performing the following improvements: • Constructing an access road • Preparing the site • Developing staging areas to support construction and long-term maintenance • Extending and lining the conduit • Removing the weir • Installing a diaphragm filter around the conduit and a stability berm on top of the filter • Installing an auxiliary drain below the outlet channel The modified embankment dam, stability berm, and outlet works would resemble a T-shaped mound. Reclamation does not anticipate reservoir -level restrictions to occur. Also, Reclamation would time construction of the extension and lining of the outlet works to avoid major issues with water deliveries. Currently, Reclamation plans to comply with maintaining minimum flows through the dam throughout the project, as established through negotiations with several stakeholders, including the Washington Department of Fish and Wildlife, Confederated Tribes and Bands of the Yakama Nation, United States Fish and Wildlife Service (USFWS), National Marine Fisheries Service (NMFS), and various irrigation districts. Kachess Safety of Dams Final Environmental Assessment Finding of No Significant Impact Reclamation is prepared to have up to four 6- to 12 -hour conduit outages for installing the new elements of the outlet works. During these outages, Reclamation would plan to maintain at least 10 cubic feet per second (cfs) of minimum flows in the Kachess River. Reclamation would do this either by relying on passing water over the spillway or by pumping water into the river when the reservoir is above 2,245 feet, which occurs for most of the time in most water years. To increase the likelihood of providing 10 cfs to the Kachess River during the four conduit outages via the methods listed above, Reclamation would rely on the following strategies: • Time outages to coincide with times when the spillway can provide water • Provide incentives to the contractor to limit the duration and/or frequency of outages • Secure the necessary materials before 2024 to facilitate rapid installation while eliminating the potential for schedule impacts from availability or shipping issues • Communicate with the NMFS and USFWS early and often about reservoir and water year predictions In addition, if Reclamation's plan to employ pumps to maintain minimum flows when passing water over the spillway is not possible, Reclamation would employ pumps in the following fashion: • Place pumps in the intake of the spillway or on the dam crest. • Maintain pumps to ensure risks are not imposed on the reservoir and the dam. • Propose to use two pumps with a capacity of 5 cfs each. Reclamation would require redundancy to limit any risk associated with pump outages and shutdowns. With redundancy, there would be an estimated four pumps (two primary and two backup pumps). • Include NMFS-compliant fish screens with the pumps. • Place intake lines in a way to limit effects on the dam face and reservoir bed. If Reclamation is not able to either pass water over the spillway or pump during one of the four possible conduit outages, no flow from the reservoir would be released for up to 6 to 12 hours during that period; however, seepage from the dam and groundwater recharge would continue. In such a potential event, Reclamation estimates that stopping releases from the reservoir (at 30 cfs) for 6 to 12 hours would result in Kachess Reservoir holding approximately 30 acre-feet of water. This could result in a temporary increase in the reservoir's elevation by approximately 0.005 inches in one such event. This change in water level is outside the accuracy of water surface elevation instruments. If necessary, the Keechelus Reservoir would be used to compensate for water deliveries; accordingly, Keechelus Reservoir would have to release an extra 30 acre-feet of water, which would lower the reservoir level by approximately 0.005 inches. During a conduit outage without supplementing water via the spillway or pumping, the construction contractor would adhere to a dewatering plan. A draft plan is provided in Appendix C of the biological assessment (BA). Reclamation will finalize the plan in coordination with the USFWS, NMFS, and other state agencies closer to the actual event, when water levels can be forecasted. Information regarding fish handling and removal is also provided in the dewatering plan and discussed under Conservation Measures and Analysis in the NMFS's Endangered Species Act Kachess Safety of Dams Final Environmental Assessment Finding of No Significant Impact Section 7(a)(2) Biological Opinion (BO) and Magnuson—Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation for the Kachess Dam Safety of Dams Modification, Kittitas County, Washington (NMFS BO; NMFS 2022). Over the course of the project, Reclamation anticipates that the maximum disturbance area would be approximately 11 acres, with 4 acres of permanent disturbance because of the project. For the other 7 acres that would be reclaimed, all earth areas capable of supporting vegetation, which the project has exposed or disturbed, would be graded to a stable grade and revegetated. Where seeding is expected to have a high probability of success, the site would be seeded with a suitable native seed mix and protected from erosion with weed -free mulch or other suitable biodegradable erosion - control protection. Reclamation would collaborate with the US Forest Service on revegetation practices to develop the revegetation plan, with input from the Washington Department of Fish and Wildlife and the US Army Corps of Engineers. Construction is expected to occur between April 2023 and July 2025. Construction sequencing would occur as follows: • Phase 1: During the first phase of construction (April to October 2023), Reclamation would work on developing the access road and contractor use areas. Accordingly, this phase of construction would involve clearing and grubbing of trees on the site. Reclamation plans to work on tree clearing, chipping, and shredding between May and June 2023.. Reclamation would haul trees to a designated US Forest Service lot. Hauling would occur between June and July 2023. Access road construction would occur from July to early October 2023. Contractor use areas would be developed from May to July 2023. • Phase 2: During the second phase of construction Qanuary 2023 to July 2025), Reclamation would focus on fabrication and delivery of pipes to the project area. It also would work on replacing the outlet works. Excavating the foundation for the conduit extension would occur between January and February 2024. Reclamation would expect sand delivery to occur in May 2024, but this schedule could be revised closer to the actual construction. The remaining elements would occur after May 2024, with refinements to this schedule occurring closer to the actual construction date. Other details related to site preparation and construction can be found in the USFWS's ESA Section 7(a)(2) BO Habitat Consultation for the Kachess Dam Safety of Dams Modification, Kittitas County, Washington (USFWS BO; USFWS 2022) Summary of Impacts Reclamation's resource specialists analyzed and reviewed 16 resources. The following eight resources were eliminated from full consideration in the EA: utilities, recreation, Indian trust assets, sacred sites, land use, environmental justice, public health and safety, and visual resources. The rationale for their exclusion can be found in Section 2.4 of the EA. In addition, resource reports on these resources are included in Appendix B of the EA. There would be a range of effects on the other eight resources, as summarized below. Kochess Safety of Dams Final Environmental Assessment Finding of No Significant Impact Air Resources—There would be temporary and localized fugitive dust, greenhouse gas emissions, and other air pollutants. Reclamation would minimize these using standard dust control and other best management practices (BMPs). These measures are described in Chapter 3 and Appendix B of the EA. There would be no significant effects. Water Resources—There would be the potential for decreased water quality, increased sedimentation, and the potential for impacts on flows during modification of the conduit. There would be no significant effects on the dam's ability to meet water demands. Reclamation would mitigate other effects through design features, BMPs, and other environmental commitments. The project would require a Clean Water Act (CWA) 404 permit and possibly a CWA 401 water quality permit, as well as an associated dewatering plan, erosion -control plan, revegetation plan, and BMPs. Reclamation's Joint Aquatic Resources Permit Application QARPA) form includes a copy of the revegetation plan, prepared by the US Forest Service Region 6 Restoration Services Team. Revegetation techniques for this project would be guided by a restoration approach developed by the Federal Highway Administration, the US Forest Service, and other collaborators. Plant material would be collected from the appropriate provisional seed zone to ensure the use of locally adapted, genetically appropriate native plants in the project area. Parallel to the wetland, planting would occur in a higher density to act as a long-term filtration buffer. Reclamation's dewatering plan is attached both to its BA and to its JARPA form. It details the Kachess River flow management schedule for dewatering and fish recovery as well as the methods that would be used to capture, hold, and release fish to avoid impacts on their species. These documents also incorporate the measures that would be used to mitigate or eliminate impacts on the site, including culvert design development, and filling and reseeding of the slopes after construction. As a result, there would be no significant effects. Geology and Soils—There would be the potential for effects related to disturbance caused during construction. Erosion -control measures and other BMPs, including the developed revegetation plan and the conservation measures found therein, would eliminate or reduce such effects. These effects are enumerated in Chapters 2 and 3 of the EA and in elements of the JARPA form and State Environmental Policy Act checklist. Overall, there would be no significant effects. Biological Resources—There would be the potential for effects related to flow changes and effects related to vegetation removal. Conditions of the CWA permit, the revegetation plan, and the dewatering plan, and consultation efforts with the USFWS and NMFS would avoid, minimize, or mitigate impacts on wetlands and aquatic habitats. Project -specific coordination and consultation will remain ongoing to ensure no significant effects. The NMFS and USFWS have found that the details of the revegetation and dewatering plans and the BMPs found in the BA to reduce sediment disturbance during construction will ensure the project would have minimal effects on Middle Columbia River steelhead and the ability of critical habitat to support steelhead in the project area (NMFS 2022; USFWS 2022). The NMFS and USFWS have determined that measures included in the revegetation and dewatering plans and the BMPs found in the BA or BO designed to avoid, minimize, Kochess Safety of Dams Final Environmental Assessment Finding of No Significant Impact mitigate, or otherwise offset the Proposed Action's impact on essential fish habitat would result in no significant impacts (NMFS 2022; USFWS 2022). The USFWS also identified that the grubbing, removal, and hauling of trees would not result in significant impacts. Removal and hauling of the trees to the US Forest Service lot also would not result in significant impacts, given the baseline activity already associated with the site and the haul road. Later, some of these trees would be moved from the lot to other sites to serve as fish habitat in federal and state projects. As a result of these actions, the USFWS has found that the grubbing and removal of trees would not result in significant impacts (USFWS 2022). Therefore, there would be no significant effects from the Proposed Action on the federally listed species under Section 7 of the Endangered Species Act—Bull Trout (Salvelinus confluentus), steelhead trout (Oncorhynchus mykiss), and northern spotted owl (Strix occidentalis caurina)—that are potentially present in or adjacent to the project area. • Noise and Vibration—There would be no significant effects. • Transportation and Traffic—There would be no significant effects. • Cultural Resources— Reclamation has completed an archaeological survey and assessment of the built environment as part of this project's identification efforts. Due to the project's potential to affect traditional cultural properties (TCPs) of religious and cultural significance to Indian tribes, which may be located in the area of potential effect, and further clarification of the nature of the effects on known properties based on the TCP studies being conducted by the tribes, Reclamation has consulted with the Washington Department of Archaeology and Historic Preservation (DAHP) and the Advisory Council of Historic Preservation in compliance with Section 106 of the National Historic Preservation Act. Reclamation worked with DAHP, the Washington State Historic Preservation Officer, the Advisory Council of Historic Preservation, the Confederated Tribes and Bands of the Yakama Nation, the US Forest Service, and the Confederated Tribes of the Colville Reservation to develop a programmatic agreement to allow completion of appropriate identification efforts while enabling timely implementation of the project. The programmatic agreement includes a series of stipulations to account for the project's effect on historic properties. • Additional identification efforts are in progress to further inform the understanding of the significance of TCPs and the nature of the effects on TCPs from the project. Project -specific coordination and consultation will remain ongoing to ensure no significant effects. As a result, there would be no overall significant effects as a result of this project. • Socioeconomic Resources—There would be no effect. Environmental Commitments To minimize or mitigate adverse effects as part of the Proposed Action, Reclamation would implement or incorporate the environmental commitments listed in Chapter 3 of the EA, in the resource reports in Appendix B of the EA, throughout the CWA permitting requirements, and in the programmatic agreement developed with the DAHP. Reclamation also would implement or incorporate the conservation measures identified through consultation and coordination with the USFWS and NMFS. Kachess Safety of Dams Final Environmental Assessment Finding of No Significant Impact Finding ®f No Significant Impact Based on the analysis presented in the EA, Reclamation fords that there would be no significant impacts associated with the Proposed Action. Reclamation makes this finding of no significant impact pursuant to the National Environmental Policy Act of 1969 (42 United States Code 4321 et seq.) and the Council on Environmental Quality implementing regulations (40 Code of Federal Regulations 1500-1508). Reclamation has determined that the Proposed Action does not constitute a major federal action that would significantly affect the human environment. Therefore, Reclamation will not prepare an environmental impact statement. 10 Kochess Safety of Dams Final Environmental Assessment EXHIBIT 2: BUREAU RESPONSE TO COUNTY COMMENTS Page 4 of 4 Public Works "Work Session Staff Report", 2022 `_J P, v c vY W F N Q N w EO N o w N 3 Y v Y OCL w E m w m w w Y N p 3�+ m v C N >• 0 O) `j V m m 0 w v V C v w •- y r O y C L C Y m O C V C a N Y w O E O E .'_^ a+ O_ Y Y Y V C m m m w p' Nd t w m id m C m Y E O_m N w m w 0-0 w w w o CD S F O G Y m L p ,0 0 3 ;; u w C m N C N C u O) V) m .w 3 .� ° .vl y J Ema v a W -CN w - w 3 �, Y o _O E a w a) Y L m •C m m 'O .0 N 5.2 O N u 'O-aN _ O n N O- O) Y m E 0 w Y w C OC1 y m E w L L' 0 w 0> am v C J Y E 0 Y T c Y C .E E m w m J V o 0 0 0 Q _ .0 L C> C J N L .0 `3E 1��1 U r ) S O F w C o am owc ¢ V O o . o 0 V E N Y w « w m c O o G °°._d v .� u °Ww u mO °6 2= c°C E °ao 0r C O CL Ln pm _Ot W � O r- O Cmc u r mra vO Y E a0 N J N J N E s 3 s 3 C O V L v L N L N w J m am+ Y J m am+ Y Y �L w O O E c c W E O` NI NI N O C CC C V N A O m D O Nr r C t6 N d w h .0 V vNi vYi .0 V vNi C w m E w := Z m E w El VL Oa E w n y E V O m V LL to d ¢ V ]C V O ¢ V Y V O N N d E N C L L y� m _m V V Z ¢ m m 40 iM0 L6 Z W v x Y Y E E O u u a CL CL MW N V w c p N N y v O .o q Y co ° a o o E° v L° ° 3 q N `— 3 CL m L m Ly p O O Q Y m -O y u 3' N w m O a) C_ p li N d j aL+ O j v YO ut O v. N N C q> d N C> Z> 3-� Ol d C g 9 C p H O w o v `o -oo 0 w E Y Y o_ r m D v o° La) s -o W O a .'^ O N m w w O O yvOi 'O C c ai is > 0 O a0+ N ry O '� C? O u, ? d "O G O Y m C1 C) w Q vi O W> N al J Y N d C c u Y g a E •C N E Q z A.= v> .0 o a 3 Q£ v c c E o a E v v.y o d m "m l0 W N N v .0 'O m i O °/ "6 ti 0l V w O O O ut > E al V Y C C i/' O g d a O '6 vii 0 aL.+ y 7 Q a/ vii C d a La) 'O D -o 'in E .O v N �+ L C L 6 9^ C U V C ur C> '^ " N w N L 'C L C j -O a C C O vOi O a O m Y` Q O O W O .N Y D g C C "O +' a) .'n .� O O c (D 0 0 Y Y i+ u vV N (D Y W O U v q O q° ° rn E a v> � °c U d rn.Y-ja m E a E o o ao o d E a o E d •, fl rn a o v E o d '� N v U "� L'' 2' Y 'j/ a° =' o¢ W m v 0 v O o a a L O u a 0 0 'q a n p E N o -O '� v E ¢ m o. r o. Q= -a a ` 2 m a o v Y 2 E E m a u o m w v o Y u v Z oaC iOn' CD Z' o Con)O c rn w O E Cy Z=V q w � 7 L r E 'o E }' q O O U V Y o m Lo ° a c Y G C E q c � O 7 ut y O � N w +E m .0 q ' V O N v N O a y O v N 7 0 3 u U y 7 Y CO m a :L q C 0 O a V W � utl C i j O a Y C c L0 O' u c F a Z m E a, �C v Y u O O q¢ "Eo "Y' V Y u O N d L L U �Np J Z m T W Z N V ML v c N y N w OCL Y m a3 Y E d o E .v QN N S ~ �Q O d O O C L c O d •C ° o o E m.EN s y O. N O d ad+ 3 c= x ° v d c N c° d> m S L Y S C a+ N d L F m Y N X C 3 N m U c 3 o fl .v u a3 O u N d E •N y N N d m •,., m m c m d Q $ v v° m c o 3 S Y GC a m d d N° w a Y Y V �' my m C m u V m O EL 2 rn E 0- >Y O O. Oyd, Y >, m O_'P m O m ad+ > N m d c m 61 c d L` d d Y N- c o w 3' o a3 - d Q c ° E ° 3 m ms s v m 3 3 w o d W3 d m ° vm - Od dO CNd Ov d u > EOC u d 0v WY C £ NOO yC, C O C OC m 7 o O e. c a m m V t 3 s 3 U N m S y Y ma a+ �+ Y Y U Y m m G c O C O m u m u W NI 2 9NI T iQj ZNi O C C > C C r m O O A 1 O N Y N ,O U 1N/1 N ,O_ U N .E Z o E d Z m E d m EL E Ea E� Q q Q In Y U O Q V) ]C U O N N O O S L CdC Y E V V m Z m m T T i+ E C C IL Z v KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: November 28, 2022 TOPIC: Public Access of Kittitas County Lands ACTION REQUESTED: Direction to Staff LEAD STAFF: Mark Cook RECOMMENDATION: Direct Staff to Propose Revisions to Kittitas County Code Chapter 9.50 Parks to address firearms use and hunting and to allow for the adoption and use of property -specific stewardship plans. BRIEFING SUMMARY: • Kittitas County has been purchasing property for floodplain management purposes. Properties may also be held for advanced mitigation purposes. • Kittitas County Code Chapter 9.50 Parks governs the use of Kittitas County park areas, which are defined as any areas under the ownership, management, or control of Kittitas County. • Kittitas County Code Chapter 9.50 gives the director of public works the responsibility to set park hours and allows for area closures by signs or barricades. • Currently there is no code language regarding hunting on County owned lands. • The source of funding used for property acquisition can limit or expand the potential uses of these properties. • Property improvements and maintenance are often necessary to support public access and use. • Staff recommend that Kittitas County Code Chapter 9.50 be revised to further clarify the term "park area", address firearms use and hunting on County property and allow for the adoption of site-specific management plans which further defines allowable uses. BACKGROUND: The amount of open space owned and managed by the Kittitas County Public Works has increased in recent years due to property acquisitions for floodplain management purposes. Public Works land holdings may include mitigation sites in the future. Kittitas County Code Chapter 9.50 Parks governs the use of Kittitas County park areas, which are defined as any area under the ownership, management, or control of Kittitas County. Staff concludes that properties recently acquired for floodplain management purposes are regulated by Chapter 9.50. Page 1 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT DISCUSSION: Staff recommends that the definition of Kittitas County park area be narrowed to only include those areas managed for public access and/or natural resource protection. Kittitas County Code Chapter 9.50 already gives the director of public works the responsibility to set park hours and allows for area closures by signs or barricades. KCC Chapter 9.50 is silent on firearms us and hunting. Staff recommends that the use of firearms and hunting be prohibited unless explicitly authorized by a site-specific management plan adopted by the Board of County Commissioners. The source of funding used for property acquisition can limit or expand the potential uses of these properties. Additionally, property improvements and maintenance are often necessary to support public access and use. Site-specific management plans prepared for Board consideration and adopted can be used to document these factors. FISCAL IMPACTS: While basic property management costs are included in the Parks and Flood Control Zone District annual budgets, if expanded uses is desired, necessary infrastructure costs will need to be explicitly considered. ATTACHMENTS: Exhibit 1: Draft Kittitas County Code Chapter 9.50 Revisions Page 2 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: Draft Kittitas County Code Chapter 9.50 Revisions Page 3 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT Chapter 9.50 PARKS Sections 9.50.010 Definitions. .59 0.020 Purpose. 9.50.030 Hours, 9.50.040 Park facilities - Liability. 9.50.050 Park facilities - Liability insurance. 9.50.060 Park facilities - Cleanup. 9 50.070 Concessions. 9.50.080 Park misuse. 9.50.090 Motor vehicles - Parking. 9.50.100 Camping - Authorization. 9.50110 Camping - Occupancy policy. 9.50.115 Swimming in boat launch areas prohibited. 9.50.120 Game fish. 9.50.125 Food fish. 9.50130 Damage to park property prohibited. 9.50.135 Removal of park property. 9.50.140 Outside household or commercial waste. 9.50.145 Rubbish. 9.50.150 Waste from vehicles. 9.50155 Dumping in water prohibited. 9.50.160 Solicitation. 9.50.165 Alcoholic beverages - Minors. 9.50.170 Fires. 9.50.175 Area closures. .50.180 Violation - Penalty. 9.50.010 Definitions. Whenever used in this title, the following items shall be defined as indicated in this section: Agreements Any and all written agreements between a person or persons and the department for the purpose of specific use of certain department facilities. Aircraft Any machine or device designed to travel through the air, such as an airplane, helicopter, balloon, glider, ultralight, etc. Alcoholic beverages (or "liquor") Includes the four varieties of liquor herein defined (alcohol, spirits, wine and beer) and all fermented, spirituous, vinous, or malt liquor, or otherwise intoxicating beverages; and every liquor or solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine or beer, and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption, and any liquor, semisolid, solid or other substance, which contains more than one percent alcohol by weight shall be conclusively deemed to be intoxicating. Board The current and duly elected Kittitas board of county commissioners. Boat Any floating device, powered by internal combustion engine or human power, capable of traveling on or under water. Camper A motorized vehicle containing sleeping and/or housekeeping accommodations, and shall include a pickup truck with camper, a van -type body, a converted bus, or any similar type vehicle. Camping Erecting a tent or shelter or arranging bedding or both, for the purpose of, or in such a way as will permit remaining overnight, or parking a trailer, camper, or other vehicle for the purpose of remaining overnight. Department The Kittitas County department of public works. Director The director of the Kittitas County department of public works. Discrimination Any action or practice which prohibits participants based on sex, age, race, color, national origin, marital status, or the presence of any sensory, mental or physical handicap. Drugs Any mind or mood altering substance which is illegal for consumption. Facilities Any building, structure, roadway, trail, path, equipment or area operated by the Kittitas County department of public works. Facility manager The duly appointed Kittitas County public works employee serving as a manager of a county park. Fee The currently adopted fee schedule for use of Kittitas County park facilities. Management Plan A document adopted by Board Resolution that specifies park uses and management actions for an identified County property or park area Motor vehicle Any self-propelled device capable of being moved upon a road, and in, upon, or by which any persons or property may be transported or drawn, and shall include, but not be limited to, four-wheel drive vehicles, two -wheel drive vehicles, three-wheelers, motorcycles, and snowmobiles, whether or not they can legally be operated upon the public highways, whether licensed or unlicensed. Permit Any and all permits, licenses, or approvals required by federal or state law, or required by county ordinance or the Kittitas County public works department. Person All natural persons, firms, partnerships, corporations, clubs and all associations or combination of persons whenever acting for themselves or by an agent, servant, or employee. Reservation Any and all written reservations for a person or persons for the purpose of specific use of certain department facilities. Trail Any path or track designed for use of pedestrians, bicycles, motorcycles, jeeps or equestrians; and which is not of sufficient width, nor graded or paved with concrete, asphalt, gravel or similar substance, so as to permit its use by standard passenger automobiles, or other right- of-way specifically designated and posted for non -vehicular use. Trailer A towed vehicle which contains sleeping, housekeeping accommodations or material transporting capabilities. Kittitas county park area Any area under the ownership, management, or control of Kittitas County and managed for public access and/or natural resource protection . (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.020 Purpose. The ouroose of this ordinance is to manage county -owned real property to ensure that it is used for Purposes that promote the public's health safety and general welfare through regulation of such properties and to preserve the use of county -properties for future public benefit The19arh Park playgrounds, passive use areas, special use areas, open soace areas roads, paths, trails, activity centers and other park facilities of the department are established by law for natural resource Protection and/or public recreation purposes. Public recreation consists of passive use, appropriate to the facility, initiated by individuals, families or small groups with or without reservations and permits; or, large group activities planned by groups and brought under the control of the department when authorized by and conducted under reservation, permit, agreement or contract with the department. (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.030 Hours. The director of public works shall establish for each Kittitas County park area according to existing conditions, times and periods when the park area will be open or closed to the public. Such times and periods shall be posted at the entrance to the Kittitas County park area affected and at the park office. Park hours are subject to current conditions and may vary by season. Park front gates and offices may be open during normal business hours but the park area may be closed to public use when so posted. No person shall enter or be present at a Kittitas County park area after closing time, or when the park area is closed, except persons camping in a designated camping area who have paid the applicable use fee; or persons who have a reservation or are associated with the person or persons having a reservation at a department facility. (Ord. 99-09, 1999; Ord. 95-4, 1995). Per KCC 9.50.175 some areas may closed to Public access 9.50.040 Park facilities - Liability. A person or persons using facilities by reservation or agreement may be required to protect and save Kittitas County, its elected and appointed officials and employees while acting within the scope of their duties as such, harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in favor of the persons, employees or third parties on account of personal injuries, death or damage to property arising out of the premises, or in any way arising out of the acts or omissions of the person and/or his agents, employees or representatives. Users of any and all Kittitas County park facilities or areas do so at their own risk. Kittitas County assumes no liability or responsibility due to accidents or injury through authorized or unauthorized use of department facilities. (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.050 Park facilities - Liability insurance. A person or persons using facilities by reservation or agreement may be required to obtain and maintain during all periods of use public liability insurance acceptable to the county and/or other insurance necessary to protect the public and the county on premises reserved, with coverage of liability not less than combined single limit personal injury and/or personal damage liability of $300.00 per occurrence. The group shall provide a certificate of insurance or an insurance binder prior to the reservation and upon written request of the county, a duplicate of the policy, as evidence of the insurance protection provided. This insurance shall not be cancelled or reduced without prior written notice to the county, 30 days in advance of the cancellation or reduction. (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.060 Park facilities - Cleanup. All groups must leave the facility or area in a condition considered satisfactory to the manager in charge. No group shall conduct activities causing extra custodial work unless previous arrangements have been made to pay for such work and are so stated in the reservation agreement. Causing extra custodial work without previous arrangements may subject the group to mandatory cleanup fees as listed in the currently adopted fee schedule. (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.070 Concessions. Kittitas County reserves all concession rights in county -owned parks. Nonprofit groups and organizations may sell or arrange for a concessionaire to sell concessions to members of their group or organization using a park facility and to spectators at that facility; provided, that arrangements and fees to the department are agreed upon in writing prior to the event(s). (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.080 Park misuse. The misuse of a park facility or the failure to conform with these regulations will be sufficient reason for denying any future application for use of park facilities. (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.090 Motor vehicles - Parking. No operator of any automobile, trailer, camper, boat trailer, or other motor vehicle, shall park such vehicle in any Kittitas County park area other than designated motor vehicle parking area, except where the operator is using the area for a designated recreational purpose and the vehicle is parked either in a designated parking area for the event, or in another area with the permission of the facility manager. No person shall park, leave standing, or abandon a motor vehicle, camper or trailer, in any Kittitas County park area after closing time, except when camping in a designated area, or with permission of the manager. Any vehicle found parked in violation of this section may be towed away at the owner's or operator's expense. (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.100 Camping - Authorization. No person shall camp in any Kittitas County park area except when specifically authorized by the facility manager or the director. (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.110 Camping - Occupancy policy. Occupancy of camping facilities shall be limited to the conditions of the group reservation, agreement, or contract; or limited to occupancy related to an event and so posted at the park. (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.115 Swimming in boat launch areas prohibited. No person shall swim or sunbathe in any designated boat launching area, except by permit issued by the department of public works. (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.120 Game fish. All laws, rules and regulations of the State Game Commission relating to season, limits, and methods of fishing are applicable to fishing for game fish in Kittitas County park areas. No person may fish for, or possess any fish taken from any dam, dike, bridge, dock, boat landing, or beach, which is posted with a sign prohibiting fishing. (Ord. 99-09, 1999; Ord, 95-4, 1995). 9.50.125 food fish. All laws, rules and regulations of the State Department of Fisheries relating to season, limits, and methods of taking are applicable to the taking of food fish in Kittitas County park areas except that in addition to such laws, the department, upon its finding and for good cause may close certain Kittitas County park areas for specific periods of time, to the taking of fish. Such closed areas shall be posted. (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.126 Hunting. All park areas are closed to huntincl unless allowed for through adoption of a management plan. When allowed by a mana eg ment plan the laws rules and regulations of the State Department of Fish and Wildlife relatina to season. limits. and methods of huntino are aoDlicable. 9.50.127 Firearms. All park areas are closed to firearm use unless allowed for hunting purposes per KCC 9.50.126 9.50.130 Damage to park property prohibited. No person shall cut down, destroy or in any way injure or damage any shrub, tree, vine, grain, grass or crop, standing or growing or which has been cut down, in any Kittitas County park area unless authorized to do so by the department. No person shall deface, damage or destroy any property, material, equipment or facility which is under thejurisdiction of the department. (Ord. 99-09, 1999; Ord. 954, 1995). 9.50.135 Removal of park property. No person shall change the position of or remove any property, material, or equipment from its original position on or from any area under the jurisdiction of the Kittitas County parks department. (Ord. 99-09, 1999; Ord. 954, 1995). 9.50.140 Outside household or commercial waste. No person shall deposit any household or commercial garbage, refuse, waste, or rubbish which is brought as such from any private property, in any Kittitas County park area garbage can or other receptacle designated for rubbish collection. (See Chapter 8.20 KCC, Depositing Garbage in Designated Places, for penalties.) (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.145 Rubbish. No person shall leave, deposit, drop or scatter bottles, broken glass, ashes, waste paper, cans or other rubbish, in a Kittitas County property or park area, except in a garbage can or other receptacle designated for such purposes. (See Chapter 8.20 KCC, Depositing Garbage in Designated Places, for penalties.) (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.150 Waste from vehicles. No person shall in any Kittitas County park area, drain or dump refuse, oil, gas or waste from any trailer, camper, automobile, or other vehicle, except in designated disposal areas or receptacles. (See Chapter 8.20 KCC Depositing Garbage in Designated Places, for penalties.) (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.155 Dumping in water prohibited. No person shall pollute, or in any way contaminate by dumping or otherwise depositing therein any waste or refuse of any nature, kind or description, including human or bodily waste, in any stream, river, lake or other body of water running in, through or adjacent to any Kittitas County park area. (See Chapter 820 KCC Depositing Garbage in Designated Places, for penalties.) (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.160 Solicitation. No person shall solicit, sell, or peddle any goods, wares, merchandise, liquids, or edibles for human consumption or distribute or post any handbills, circulars, or signs, or use any loudspeakers or other amplifying device in any Kittitas County park area, except by concession contract or by permission by the department. (Ord. 99-09, 1999; Ord, 95-4, 1995). 9.50.165 Alcoholic beverages - Minors. No person who has not reached his or her twenty-first birthday shall be in possession of or consume of any alcoholic beverage in a Kittitas County park facility or area. (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.170 Fires. Open fires and portable units using flammable material are, f •eP a•-• f •e F -9. O• -' r hi ned. Ord. 9909, 1999; Ord. 95-4, 1995 �4r^"f?-2�( ){ Commented lAT1]:Asuggestion -I don't think we have any locations with Lire rings and grills, so l recommend that we prohiEh outright given wildfire risk. 9.50.175 Area closures. Areas designated by signs or barricades are closed to public access or use. (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.1 S0 Violation - Penalty. Every person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not more than $1,000 and/or by imprisonment in a countyjail for not more than 90 days. In addition, every person failing to comply with any provision of this chapter shall be subject to immediate ejection from the Kittitas County park area. The Kittitas County public works director, public works employees, and other law enforcement officers are authorized and directed to enforce the provisions of this chapter. (Ord. 99-09, 1999; Ord. 95-4, 1995).