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HomeMy WebLinkAboutUtilities 2010-09-28 Item 2B - Grant Agreement - King Conservation District for Duwamish Gardens g4 ILq '1%-r Cit of Tukwila 4. Jim Haggerton, Maya INFORMATIONAL ONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Public Works Director DATE: September 16, 2010 SUBJECT: Duwamish Gardens Project No. 06 -DRO2 Grant Agreement King Conservation District ISSUE Authorize the Mayor to sign a grant agreement with the King Conservation District (KCD). BACKGROUND The City acquired the Duwamish Gardens site in 2008 for future restoration as a salmon habitat site. Staff is in the process of clearing the site of all existing structures and securing design funds. Staff applied for design funding through the Salmon Recovery Funding Board (SRFB) and the KCD. The KCD awarded this project $52,929.34. The SRFB application is currently under evaluation with a funding request of $197,299.00. ANALYSIS The design costs are estimated at $275,000.00 for this project. Design funding is anticipated to be budgeted from KCD with $52,929.34, SRFB with $197,299.00, and City revenue of $24,771.66. RECOMMENDATION The Council is being asked to approve a grant agreement with the KCD and consider this item at the October 11, 2010 Committee of the Whole meeting and subsequent October 18, 2010 Regular Meeting. Attachments: CIP Sheet Duwamish Gardens (2011 Proposed) King Conservation District Grant Agreement W 1PW Eng \PROJECTS\A- DR Projects \06 -DRO2 (Duwamish Gardens)\Grants \KCD Grant \Design Grant \Info Memo KCD Grant Acceptance.doc CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2011 to 2016 PROJECT: Duwamish Gardens Project No. 90630102 DESCRIPTION: Purchase and restore site as a salmon estuary and passive park. JUSTIFICATION: This project is included in the WRIA 9 Salmon Recovery Plans efforts to acquire and restore 20 -acres within the Duwamish estuary. STATUS: Property acquired in 2008 Design phase anticipated to begin in 2011 MAINT. IMPACT: Once site is restored, approximately 100 staff hours per year Design funding is currently being sought through State Salmon Recovery Board (SRFB), King Conservation COMMENT: District (KCD), and Puget Sound Acquistiona and Restoration. Acquisition grants included SRFB, WRIA 9 KCD, KC Conservation Futures, WA State Aquatic Lands and WA State Earmark. FINANCIAL Through Estimated (in $000's) 2009 2010 2011 2012 2013 2014 2015 2016 BEYOND TOTAL EXPENSES Design 129 7 275 411 Land (R/W) 1,979 14 1,993 Const. Mgmt. 10 200 180 390 Construction 5 70 1,000 900 1,975 TOTAL EXPENSES 2,113 101 275 0 1,200 1,080 0 0 0 4,769 FUND SOURCES Awarded Grant 1,617 394 130 2,141 Proposed Grant 197 1,200 1,080 2,477 Mitigation Actual 0 Mitigation Expected 0 City Oper. Revenue 496 (293) (52) 0 0 0 0 0 0 151 TOTAL SOURCES 2,113 101 275 0 1,200 1,080 0 0 0 4,769 1 Project Location 9 i N on. 1_ w E N s V 4' 11\ 0 a f; s z st cn a I 9 i,A NS t 1 P -I I inn, e�`\ rAta m Egg I IS 30 Sty Ot h/ 2n11 MIR Canital Improvement Proaram 69 (12 AGREEMENT FOR AWARD OF KING CONSERVATION DISTRICT MEMBER JURISDICTION AND WRIA FORUM GRANT Green Duwamish -CPS Watershed Forum (WRIA 9) City of Tukwila This Agreement is made between the King Conservation District Number 9, a municipal corporation in King County, Washington, located at 1107 SW Grady Way, Suite 130, Renton, WA 98057 (referred to herein as "District and City of Tukwila, a municipal corporation in King County, Washington, located at 6300 Southcenter Blvd., Tukwila, WA 98188 (referred to herein as "Recipient for the purposes set forth herein. SECTION 1. RECITALS 1.1 Whereas, the District is a special purpose district organized and existing under authority of Chapter 89.08 RCW which engages in certain activities and programs to conserve natural resources, including soil and water, which activities are declared to be of special benefit to lands; and 1.2 Whereas, pursuant to RCW 89.08.400, King County has authorized and imposed a system of assessments to finance the activities and programs of the District; and 1.3 Whereas, pursuant to RCW 89.08.220, RCW 89.08.341 and /or Chapter 39.34 RCW, the District is authorized to enter into agreements with municipal entities and agencies (governmental or otherwise), or their designees, in order to carry out and facilitate the activities and programs of the District to conserve natural resources; and 1.4 Whereas, certain Watershed Forums were established in King County and through the voluntary association of agencies and entities situated within the particular watershed basins or areas (i.e., Snoqualmie Watershed Forum; Cedar /Lake Washington/Sammamish Watershed Forum; Green/Duwamish/Central Puget Sound Watershed Forum) for the purpose of addressing and responding to environmental needs within their respective watershed basins and in the region by cooperative efforts; and 1.5 Whereas, the Watershed Forums include representatives of jurisdictions that are located within or have a major interest in the management of Water Resources Inventory Areas (WRIA) 7, 8 and 9; and 1.6 Whereas, the District has reviewed the grant application submitted by Recipient and has determined that the application meets the requirements of Chapter 89.08 RCW, the District's policies and procedures for awarding grants and the funding principles established by King County's Regional Water Quality Committee; and 1.7 Whereas, the District and Recipient desire to enter into this Agreement for the purpose of establishing the terms and conditions relating to the District's award of a grant to Recipient. Page 1 of 4 SECTION 2. AGREEMENT 2.1 The District agrees to award Recipient a grant in the total amount of Fifty -Two Thousand Nine Hundred Twenty -Nine and 34/100 Dollars ($52,929.34) from 2004 Tukwila Assessments and 2010 WRIA 9 Assessments. Grant funds shall be used by Recipient solely for the perfoilnance of the work described in Exhibit A which is attached hereto and incorporated herein by this reference. The District shall pay the grant funds to Recipient in accordance with the District's policies and procedures, including but not limited to, the policies and procedures contained in the Member Jurisdiction WRIA Forum Grant Application Instructions and Policies, provided that such funds have been collected and received by the District. 2.2 Recipient represents and warrants that it will only use the grant funds for the work described in Exhibit A, which may be amended by the parties pursuant to Paragraph 3.3 of the Agreement. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized work. Further, Recipient agrees to return to the District any grant funds that are not expended or remain after completion of the work covered by this Agreement. 2.3 Recipient acknowledges and agrees that the grant funds may only be expended on work which shall be entirely within the District's jurisdictional boundaries. The following municipal entities are not within the District's jurisdictional boundaries: Enumclaw, Federal Way, Milton, Pacific, and Skykomish. Recipient shall be required to refund to the District that portion of any grant funds which are used for work performed outside the District's jurisdictional boundaries. 2.4 In the event the scope of work authorized by this Agreement includes the use of grant funds to purchase houses located on real property within a flood hazard area, Recipient acknowledges and agrees that grant funds may only be used for such purposes if the houses to be purchased were constructed before floodplain mapping or sensitive areas regulations were in place for that area. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized purposes. 2.5 Recipient shall be required to provide the District with biannual financial and project progress reports, along with an annual summary report. Financial and project reports shall be due June 30 and November 30 each year. The Recipient shall also be required to submit to the District a final report which documents the Recipient's completion of the work in conformance with this Agreement within thirty (30) days after the completion of the work. The final report shall, among other things, summarize the project's successes and shall address the regional benefits accomplished by the work. The final report shall also identify any obstacles or challenges which were encountered during the work, along with general recommendations regarding ways to avoid such obstacles or challenges in the future. If requested, Recipient agrees to provide the District with additional financial or progress reports from time to time, at reasonable intervals. Page 2 of 4 2.6 Recipient's expenditures of grant funds shall be separately identified in the Recipient's accounting records. If requested, Recipient shall comply with other reasonable requests made by the District with respect to the manner in which project expenditures are tracked and accounted for in Recipient's accounting books and records. Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principals and to meet the requirements of all applicable state and federal laws 2.7 Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington "BARS 2.8 The District or its representative shall have the right from time to time, at reasonable intervals, to audit the Recipient's books and records in order to verify compliance with the tennis of this Agreement. Recipient shall cooperate with the District in any such audit. 2.9 Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established in the Revised Code of Washington and the Washington State Archivist. 2.10 Recipient shall ensure that all work performed by Recipient or its employees, agents, contractors or subcontractors is performed in a manner which protects and safeguards the environment and natural resources and which is in compliance with local, state and federal laws and regulations. Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. 2.11 Recipient agrees to indemnify, defend and hold harmless the District, its elected or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to or death of person or damage to property allegedly resulting from the negligent or intentional acts of the Recipient or any of its employees, agents, contractors or subcontractors in connection with this Agreement. 2.12 Recipient agrees to acknowledge the District as a source of funding for this project on all literature, signage or press releases related to said project. SECTION 3. GENERAL PROVISIONS 3.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 3.2 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. Page 3 of 4 3.3 No amendment to this Agreement shall be binding on any of the parties to this Agreement unless such amendment is in writing and is executed by the parties. The parties contemplate that this Agreement may from time to time be modified by written amendment which shall be executed by duly authorized representatives of the parties and attached to this Agreement. 3.4 Each party warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he /she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. DISTRICT: RECIPIENT: By By Name Name Title Title Date Date Approved as to Form: Approved as to Form: DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY: By (JUL— j &A.NAera By Name L i e awA Q CI I` Name Date 7 I)--G O Date Page 4 of 4 Exhibit A E j Member Jurisdiction t 4 U %Y 4 l3IA Forum Grant Program King Conservation District Grant Application Project Title: Duwamish Gardens Estuarine Restoration 2010 Applicant: City of Tukwila I Contact: Ryan Larson Principal Partners (if any): None I Title: Senior Stormwater Engineer Address: City of Tukwila Public Works 6300 Southcenter Blvd. Tukwila, WA 98188 Total Project Cost: $240,282.34 I WRIA Funding X Jurisdiction Funding X KCD Funding Requested: $52,929.34 Phone: 206 -431 -2456 WRIA 9 Forum funding: $50,000 Jurisdictional funding: $2,929.34 1 Project Start Date: 12/15/2010 I Fax: 206- 431 -3665 Project End Date: 3/29/13 I E -mail: rlarson @ci.tukwila.wa.us 1. Project Description provide a brief description of the project that summarizes what you will do, how you will do it, and why you will do it. Consider the following in the answer to this question: what pressing need will be addressed by the project or what promising opportunity will be capitalized on? Who or what will benefit or be positively and negatively affected? This grant will help pay for the design and permitting of an estuary restoration project on the Duwamish River in Tukwila. In the future, construction phase, the City of Tukwila will create substitute shallow water habitat on a 2.16 acre site (and on adjacent Washington State aquatic lands) on the right bank of the Duwamish River immediately downstream of river mile 7.0. The project site is in the high priority "transition zone" between fresh and salt water, which provides the appropriate range of salinities for juvenile Chinook and chum to transition to salt water. Off channel and shallow water habitats in this stretch of the Duwamish will provide opportunities for juvenile fish to move out of the main channel to habitats where they can feed and rear Longer residence times in the estuary allow for larger, healthier smolts prior to ocean migration, thereby increasing survival rates. The property is among the largest remaining pieces of lightly developed sites for habitat restoration remaining in the Duwamish corridor. The new habitat will be created by excavating 55,000 cubic yards of material to establish approximately 2.0 acres of shallow water mudflat and marsh habitat and approximately 0,8 acre of uplands planted with native vegetation When restored, Duwamish Gardens will be the largest off channel habitat between the Codiga Farms restoration at river mile 8.5 and North Wind's Weir restoration at river mile 6 4. This project is nearly identical in purpose and design to the North Winds Weir estuary restoration, another project supported by the Conservation District. The project will provide another viewpoint on the river ac, ;ss from the popular Green River Ti =ail The viewpoint will include interpretive signs on the pre contact use, historical, and ecological features Member Jurisdiction WRIA Forum Grant Program, Application July 21, 2008 Page 1 of 7 of the site. The project is immediately below the Sound Transit LINK light rail bridge and viewed by thousands of riders each day The Conservation District has supported previous phases of this project including: "Duwamish Gardens Negotiations 2007 $15,000 for property negotiations "Duwamish Gardens Acquisition 2007 $225,000 for property acquisition 2. Natural Resource Improvement Actions describe how the project will address a minimum of one of the natural resource improvement actions described on page 1 of the application instructions. Consider the following in your answer to this question: What natural resources will be improved? What are the known needs, gaps or deficits that will be addressed? What are the known benefits to soil, water, air, plants, fish and wildlife, landowners? Direct Improvement of Natural Resource Conditions: The goal of the Duwamish Gardens estuary restoration project the ultimate outcome of the planning /permitting step is to directly restore transition zone estuarine habitat in the Duwamish Estuary, with the intent of improving salmonid habitat within the Green Duwamish River system as a whole This project will: protect and improve riparian vegetation, expand and enhance vegetated shallow subtidal and intertidal habitats and brackish marshes, and enlarge the Duwamish River estuarine transition zone habitat. The resulting off channel, intertidal marsh will provide critically important transitional habitat where juvenile salmonids will feed, rest, and osmoregulate (adjust to salt water) prior to heading downstream to the marine nearshore. Duwamish Gardens restoration is being undertaken to implement Policy MS -1 in the WRIA 9 Salmon Habitat Plan: Making Our Watershed Fit for a Kinq. The focus of management action implementation efforts in this Habitat Plan will be on the following distinct habitats that are limiting viable salmonid populations in WRIA 9' Duwamish Estuary transition zone habitat [emphasis added], Middle Green River, Lower Green River, Duwamish Estuary, Marine Nearshore rearing habitat; and Middle Green and upper Lower Green River spawning habitat. Because of the importance of the transition zone and the negative effect on habitat recovery efforts upstream if a severe transition zone habitat limitation does exist, 40% of funding for management action recovery efforts will be focused on the transition zone [emphasis added]. (page 5 -16) The habitat feature most needed in the Lower Duwamish for salmon recovery is muditat within the entire intertidal range between -4 and +12 ft Mean Lower Low Water (MLLW), with an emphasis on mudflats in the low intertidal between -4 to +4 ft MLLW. These mudflats should have a relatively shallow grade, a silt/clay to fine sand substrate, and be unvegetated. Also needed and complementing mudflats are Low marsh from +5.5 to +10.0 ft. MLLW, vegetated with aquatic vascular plants, and High marsh from +10.0 to +12.0 ft MLLW, vegetated with aquatic va :,cuiar plants and terrestrial plants Member Jurisdiction WRIA Forum Grant Program, Application July 18, 2008 Page 2 of 7 Consequently, the objectives of this habitat substitution project are to construct an off channel habitat that consists of. Up to 1.5 acres of shallow -water mudflat at elevation 0 feet +5.6 ft. (NAVD 88). The majority of this will be excavated on the 2.16 acres of upland owned by the City of Tukwila with the balance to be created by re- grading river bottom owned by Washington State Department of Natural Resources. a Approximately 0.5 acres of fringing, emergent marsh at elevation +5 6 ft +9 ft. Approximately 0.8 acres of upland side slope at elevation +9 ft, Area figures are based on conceptual design calculations and subject to change during design The bias will be to focus on mudflat habitat, however, as that is the habitat structure thought to be most needed in the transition zone. The Duwamish Gardens project helps implement priority WRIA 9 Salmon Habitat Plan: Makino Our Watershed Fit for a Kina project DUW -7 (page 7 -90). Thanks to in -kind services provided by the Washington Department of Fish Wildlife (WDFW), the conceptual design for this project was completed at no cost to the project proponent or local funders. The conceptual design process explored two alternative layouts, different slopes, and calculated volumes of materials to excavate. This analysis, completed in early 2010, allowed the project team to identify a preferred layout. The WDFW analysis and conceptual plans are attached to this application. Not doing this project will forego the opportunity to create a meaningful (4 -5 increase in high quality mudflat habitat in the Duwamish. Moreover, because of its location in the heart of the transition zone, where the highest concentrations of juvenile outmigrants have been observed, the per square foot benefit of the project to juvenile salmonids should be relatively high. Not doing the project would mean the watershed would not advance toward its estuary habitat creation objectives that are necessary to meeting the Viable Salmonid Population goals for WRIA 9. 3. Project Activities and Measurable Results using the table below, list specific project activities to be completed, the timetable for the activities, and the deliverables associated with those activities. Consider the following in your answer to this question: What actions, interventions, programs, services will be deployed? Activity Description I Deliverables 1 Timeline I Cost 1. Develop RFP for Request for proposal February $3,000 00 design /permitting, develop Executed consultant contract July 2011 scope of work, sign contract with consultant 2. Consultant develops 30% Site survey August $125,160.00 design (assumes existing 30% Design drawings October 2011 WDFW conceptual design Preliminary construction cost report can provide bulk of estimate content) 3, Consultant develops 70% Detailed design drawings November $56,478 34 design Detailed construction cost December estimate 2011 4. City /consultant prepare and Completed permit applications January $55,644 00 submit applications for expected to include: March 2012 federal, state, and local Endangered Species Act p emits C.)! -.uli�tion (Wei r:!) I I Section 106 compliance on i I historical msources Member Jurisdiction WRIA Forum Grant Program, Application July 18, 2008 Page 3 of 7 (federal) Dredge /fill permit (Section 10 or 404) federal) Joint Aquatic Resources Permit Application for Hydraulic Project Approval (state) State Environmental Policy Act compliance (state) Aquatic Lands Use authorization (state) Shoreline permit (city) Gradin• and fill cit The desicgn and perrpitting pila'se abov9 Will be irjje i past by this KCD grant, Activities lined beiovw, will` be funded through other rants; Timing is de iendent on availability of fundin 5. Complete 100% design Final design drawings November Not yet Final construction cost 2012 available estimate I 6. 1 Archeological investigation I Data recovery March 2013 1 7. Construction Excavation July Grading September Construction of crib wall 2013 Installation of large wood clusters 8. Planting riparian areas Planting of upland riparian October plants November 2013 I g, Planting emergent marsh Planting emergent plants April 2014 plants Construction of goose exclusion fencing 1 Maintenance and monitoring Maintain plants /fencing 2014 2016 C Monitor site conditions 4. Effectiveness (see page 2 of application instructions for definition) describe how the project will effectively implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: Why is the primary applicant the best entity to deliver the proposed program /service /intervention? What is the capacity of the primary applicant to deliver the proposed program /service /intervention? What tools, services and partners will be brought to bear? The City of Tukwila has experience as a sponsor and partner in projects of this type or scale, including: Codiga Off Channel Salmon Habitat Restoration in partnership with the U.S Army Corps of Engineers Tukwila 205 Levee Repair with the U S. Army Corps of Engineers Managing design and construction of significant Capital Improvement Projects including the South 180th St grade separation, Tukwila International Blvd roadway improvements, Cascade View Neighborhood roadway and drainage improvements, and Souhcenter Parkway extension The project manager will be Ryan Larson, Senior Stormwater Engineer, with 11 years of experience at the City Member Jurisdiction WRIA Forum Grant Program, Application July 18, 2008 Page 4 of 7 The City currently owns the property so there is no uncertainty about use or access The property does have deed restrictions limiting its use for restoration. These restrictions were placed at the time of acquisition as a condition of receipt of grant funding 5. Efficiency (see page 2 of application instructions for definition) describe how the project will efficiently implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: How will the proposed program /service/ intervention engage in conjunction with related efforts? How does your strategy best leverage resources? The Duwamish Gardens estuary restoration project will build on the successful habitat restoration projects completed to date in the "transition zone" of the Duwamish estuary, including City Light South shoreline restoration in the Turning Basin (City of Seattle: completed 2007) Kenco Marine intertidal restoration in the Turning Basin (Muckleshoot Indian Tribe: completed 2006) Port of Seattle intertidal restoration in the Turning Basin (Port of Seattle* completed 1998) Cecil Moses Park intertidal, off channel restoration at river mile 6.3 (King County: completed 2003) North Wind's Weir intertidal, off channel restoration at river mile 6.3 (King County and Army Corps of Engineers* completed 2010) Codiga Farms off channel restoration at river mile 8 4 (Tukwila and Army Corps of Engineers: completed 2004) Construction of Duwamish Gardens is a necessary step to improve the functioning of the estuary for outmigrating juvenile salmonids, especially Chinook and chum. Improving the estuary will maximize the return on natural resource /habitat investments upstream by increasing survival rates of fish produced in Soos and Newaukum Creeks and the Green River mainstem as they undergo the smoltification process that allows them to transition to their marine life history. The project will benefit from the knowledge gained at these previous projects, most importantly the very similar North Wind's Weir estuary restoration (also supported by the Conservation District). Specific information that will be reused or updated, thereby saving time and money, include: Soils stability report from North Wind's Weir (soil conditions are thought to be very similar) Hydraulics and Hydrologic "H &H analysis from North Wind's Weir Construction cost estimates from North Wind's Weir Emergent marsh plant design and elevation information from North Wind's Weir and Codiga restoration. Like the North Wind's Weir project, funding of the acquisition, planning, permitting, and construction phases relies on a partnership approach. For the current planning /permitting phase, the requested amount of $52,929.34 from the Conservation District will leverage $127,353 from the state Salmon Recovery Funding Board. A further $60,000 is required to complete the planning /permitting phase This additional funding may come from the City of Tukwila's KCD accumulated allocations, City revenue, other grant sources, or a combination of these sources For context and evidence of leveraging to date, the Conservation District investment of $240,000 in the acquisition phase of Duwamish Gardens leveraged $1,868,500 from federal, state, and other local sources. 6. Equity (see page 2 of application instructions for definition) describe how the project will equitably implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: In what part of the District will the proposed program /service /intervention occur? Who is the target audience and what demographic section of the community will be affected? Member Jurisdiction WRIA Forum Grant Program, Application July 18, 2008 Page 5 of 7 The Duwamish Gardens project is located in the Duwamish Estuary Subwatershed of the Green /Duwamish and Central Puget Sound Watershed (WRIA 9). The property is located in an industrial /commercial area of the city of Tukwila. It will act as an open space feature in a string of habitats along the river The City of Tukwila is concentrating on open space in the northern half of the city along the river because of the combined benefits for ecological values, salmon recovery, and recreation. During the final, construction phase, a short path leading to an overlook of the restored habitat portion of the site will be constructed. As indicated by development of social trails at other sites along the river, there is greater demand for passive recreation opportunities than available properties. The property is across the river from and easily viewed from the Interurban Regional Trail. The restored site will be easily accessible from the Interurban Trail via the pedestrian friendly East Marginal Way South bridge. Trail users probably represent a wide range of incomes and include people from across the southern King County region. The nearest residential community is immediately southeast of the site and across the river and is lower- to middle- income. When restored, this site will include educational and interpretive signs explaining the importance of the river to Indian people in pre- settlement times and the farmers of the 19th and 20th centuries. Signs also will explain the ecological features of the site and the reasons for restoration. The Sound Transit LINK light rail line crosses the Duwamish at the east end of the property. The restored site will have exceptional visibility as thousands of LINK passengers each day will gaze on the site as they glide over the Duwamish River. In 2007 and 2008, discussions with the adjacent property owner revealed that the Duwamish Gardens project could potentially have a significant negative impact on the neighbor, who leases his property to a trucking company. This impact would have occurred because the movement landward of the shoreline through restoration also would shift the 200 foot jurisdiction of the Shoreline Management Act landward. This shift in jurisdiction would have brought more of the neighbor's property under provisions that would have increased permitting costs and reduced possible land uses, and thus his property value. In response to this potentiality (and a similar situation downstream at North Wind's Weir estuary restoration), Tukwila teamed up with WRIA 9 staff, The Boeing Company, People For Puget Sound, and the Washington State Department of Ecology to push for passage of an amendment to the Shoreline Management Act during the 2009 legislative session This effort paid off with unanimous passage of House Bill 2199. The bill allows local governments such as Tukwila to grant regulatory relief to neighboring properties when a restoration project in an Urban Growth Area moves the Ordinary High Water Mark landward. As a result of this legislation and proposed changes in the city's Shoreline Master Program, the Duwamish Gardens project should have no negative regulatory impacts to the neighboring property (It also should have no negative ecological or drainage impacts.) Based on the popularity of the very similar North Wind's Weir estuary restoration with the employees at neighboring businesses some of whom raised $1,100 to install boulder benches on the site the project may be seen as an amenity benefiting neighboring land uses. 7. Evaluation of Intended Results describe the evaluation mechanisms you will use to track, document, and report that the project has achieved the intended results described in questions 1- 3. Because the purpose of this grant is to develop plans and permits that will allow the final, construction phase, evaluation of grant- funded activities is straightforward Various designs, cost estimates, and permit applications will be prepared as set forth in the response to Question 3 Progress reports and final reports will summarize the deliverables and electronic copies of each deliverable will be attached to the reports Measures to monitor and track changes to the ecosystem as a result of the constructed project will be determined during the design phase Member Jurisdiction WRIA Forum Grant Program, Application July 18, 2008 Page 6 of 7 S. Project Budget Expenses Budget item KCD Funds: Salmon City of Total $50,000 WRIA Recovery Tukwila KCD 9 portion Funding Funding, or $2,929.34 City Board Funds other grant portion 1994 (1) funds 2004 1 Salaries and Benefits 1 1 $3,000.00 $3,000.00 Travel /Meals /Mileage I 1 Office /Field Supplies 1 Contracted/ $52,92934 $107,353.00 $57,000.00 $217,282.34 Professional Services Design and Permitting Land Acquisition 1 1 1 Permits 1 1 $12,500 00 $12,500.00 Fill material $7,500.00 $7,500.00 assessment Other (specify) 1 TOTAL $52,929.34 $127,353.00 $60,000.00 I $240,282.34 (1) Salmon Funding Recovery Board funding has been applied for in this year's (2010) grant round. The project is expected to be approved at the December 9, 2010 board meeting. This project has been selected by the WRIA 9 Watershed Ecosystem Forum for the 2010 grant round and funding is relatively certain. 9. KCD Acknowledgement Describe how the KCD will be acknowledged as a source of funding for the proposed program /service /intervention (see Grant Program Overview Policies, General Grant Program Policies, #6). In all interpretive signage, print /electronic materials, and media announcements related to the project, the contributions of the Conservation District will be listed. The Conservation District logo will be included in interpretive signage Oil/ :5( AuthXized Signature Date Member Jurisdiction WRIA Forum Grant Program, Application July 18, 2008 Page 7 of 7