HomeMy WebLinkAboutContract CAG-10-092
SECOND MEMORANDUM OF AGREEMENT REGARDING CEDAR RIVER ACCESS
FACILITY AND BROODSTOCK COLLECTION
This Second Memorandum of Agreement regarding Ce ar River Access Facility
and Broodstock Collection ("MOX) is made this Zkqdy of , 2010, by and
between the City of Seattle ("Seattle"), acting by and through its Public Utilities
Department ("SPU"), and the City of Renton ("Renton"), acting by and through its
Community Services Department.
Recitals
1. As part of the Landsburg Mitigation Agreement and 2006 Muckleshoot Tribe-
Seattle Settlement Agreement (Agreements), SPU funds the operation of a
sockeye salmon hatchery program to help conserve and protect Cedar River
sockeye salmon. This program previously included the operation of a remote
sockeye broodstock collection facility near Cavanaugh Pond at river mile 6.5
of the Cedar River.
2. In collaboration with the Parties to the Agreements and the interagency Cedar
River Anadromous Fish Committee, SPU determined that it would be
preferable to re-locate the collection facility to real property located on the
Cedar River at river mile 1.7 above Lake Washington. This location better
supports key program objectives. This site promotes the maintenance of the
genetic integrity of the population by helping to ensure that collected
broodstock are representative of the entire Cedar River population, including
fish that spawn in the lower reaches of the river. In addition, the site
enhances the ability of the program to meet established production goals by
providing access to the substantial numbers of fish that spawn in the lower
river.
3. Prior to re-locating the collection facility, SPU applied for permits from Renton
to construct some improvements on property currently owned by the City of
Renton (the "Renton Property").
4. In a decision dated August 21, 2008, the City of Renton Hearing Examiner
approved a Conditional Use Permit ("CUP") granting Seattle permission to
use the Renton Property. The Hearing Examiner's decision included a
requirement that SPU and the City of Renton complete a Memorandum of
Agreement regarding the management and use of the Renton Property prior
to the 2009 broodstock collection season (Condition 1) and that SPU obtain
an "access easement" from the City of Renton (Condition 9). In fulfillment of
the Hearing Examiner's Conditions, the parties have combined the
management and use agreement and the access rights requirements in this
MOA.
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5. The City of Renton also required Seattle to construct certain improvements to
enhance recreational use of the river and to operate the collection facility in
compliance with the Cedar River Access Facility Management Plan dated
July 30, 2008, developed between Renton and SPU.
6. On September 3rd, 2009, SPU and Renton entered into a Memorandum of
Agreement regarding Cedar River Access Facility and Broodstock Collection
("First MOA"), under which agreement SPU operated the broodstock facility
for the 2009 collection season. SPU and Renton now wish to replace the
First MOA with a new agreement that will be in effect for the duration of the
Conditional Use Permit, including any extensions.
Now therefore, in consideration of the mutual obligations herein, Renton and
Seattle agree as follows:
A. Definitions
1. "Access Plan" means the Cedar River Access Facility Management Plan dated
July 30, 2008 included as Exhibit C.
2. "Broodstock Collection Facility" means the improvements and appurtenances
necessary for the collection and transport of sockeye salmon broodstock,
including the placement of a weir and traps in the river on a seasonal basis, an
access road, utility connections, temporary living quarters, and all additional
appurtenances reasonably necessary for the collection and transport of sockeye
salmon broodstock.
3. "Conditional Use Permit" or "CUP" means the permit that includes the written
decision of the Renton Hearing Examiner dated August 21, 2008 (File No. LUA-
08-018,SA-H, CU-A, V-H, SM), which approves SPU's operation of a broodstock
collection facility on the Renton Property and in the Cedar River at river mile 1.7,
as extended or modified from time to time.
4. "Access and Use Area" means the area depicted in Exhibit A to this MOA.
5. "Recreational Improvements" means SPU constructed improvements to the
pedestrian trail, viewing platform, interpretive signage panels, and sign kiosks
that are shown in the Access Plan and at the locations depicted on Exhibit A.
6. "Renton Property" means the real property owned by the City of Renton, further
described and depicted in Exhibit A.
7. "WSDOT Property" means the real property owned by the Washington State
Department of Transportation, further described and depicted in Exhibit A.
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8. "Safety Plan" means the Cedar.River Sockeye Hatchery Broodstock Collections
Operations Safety Plan attached as Exhibit B to this MOA.
9. "Cedar River Section 205 Flood Hazard Reduction Project" or "Cedar River 205
Project" means the lower 1.25 miles of the Cedar River where dredging and the
levees/floodwalls were constructed by the United States Corps of engineers
(USACE) with the City of Renton as the local project sponsor. The Project
Cooperation Agreement between the USACE and Renton was finalized on May
9, 1998 and details the City's maintenance responsibilities for maintaining the
Cedar River Section 205 Flood Hazard Project. This includes the need for
periodic maintenance dredging in order to maintain the flood protection benefits
of the project, along with maintenance of the levees and floodwalls as required
by the Project Cooperation Agreement.
B: Term
1. Term. This MOA will be in effect upon signature by an authorized representative of
each party and will remain in effect through August 21, 2013, unless terminated
earlier under the terms herein or unless extended under Section B.2. As used in this
MOA, "Term" means the initial term and any extensions.
2. Extensions. At the same time SPU submits its written request for an extension of
the Conditional Use Permit, SPU will also request the extension of this Agreement.
If the Conditional Use Permit is extended, this MOA will also be extended and will
remain in effect for the same term as the Conditional Use Permit.
C. Access and Use Area
1. Access and Use Area. Renton grants Seattle/SPU permission to access and use
Renton Property described in Exhibit A for ingress, egress, and the installation and
operation of the Broodstock Collection Facility.
2. Relocation of Access and Use Area/Broodstock Collection Facility. In the future, if
the 1-405 expansion project requires the relocation of the existing pedestrian bridge,
as per the adopted 9/25/2006 Tri-Park Master Plan, Seattle will not be responsible
for any costs associated with relocating the pedestrian bridge. If the new location for
the pedestrian bridge and the Broodstock Collection Facility are in conflict, Seattle
shall remove the Broodstock Collection Facility at its own expense. If the
Broodstock Collection Facility must be relocated as a result of the 1-405 expansion,
the relocation of the Broodstock Collection Facility shall be to a location determined
by SPU. If SPU wishes to relocate.to property owned by the City, the location must
approved by the City and SPU will be responsible for all relocation costs. If the
Broodstock Collection Facility is relocated to different City property, the parties will
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amend the Access and Use Area and this MOA as needed, to provide for a new
location for the Broodstock Collection Facility.
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D. Operation
1. Annual Installation of Weir. At any time on or after September 9th of each year
during the Term, SPU may enter Renton's property to install a resistance board weir
and traps in the river in the general location depicted on Exhibit A and as described
in the Access Plan (Exhibit C).
2. SPU Responsibility. SPU will be solely responsible for the operation and
maintenance of the weir and all related appurtenances.
3. Access and Safety. SPU will operate the Broodstock Collection Facility in
compliance with both the Access Plan (Exhibit C) and the Safety Plan (Exhibit B).
Additionally, at all times when the weir is installed in the river, at its own cost, SPU
will do the following:
a) SPU will provide personnel on-site in the area twenty-four (24)
hours a day, seven days per week.
b) SPU will place temporary signage along the Cedar River trail
warning users that truck traffic may be crossing the trail ahead.
SPU must submit proposed sign designs to Renton for its approval.
Once approved, SPU shall not be required to resubmit unless
operations or proposed plans changes. The City may also require
additional signage and/or a new plan, if the sinage fails to
adequately inform users of the operations. If Renton does not
approve or reject the sign designs within ten (10) business days,
Renton will be deemed to have approved the signs.
C) SPU will place temporary warning signage in a place visible to
watercraft up river of the weir, warning boaters that the weir is
downstream.
4. Annual Removal of Weir. SPU will remove the weir and warning signage from the
river no later than December 30th of each calendar year during the term.
E. Maintenance
1. Maintenance of Renton Property and Broodstock Collection Facility. At its own cost
and expense, SPU will maintain and keep the Renton Property and the Broodstock
Collection Facility and related improvements in clean and good condition.
2. Maintenance of Recreational Improvements. During the Term and at its own cost,
SPU will maintain the Recreational Improvements and landscaping in clean and
good condition similar to other Renton park properties. SPU will also replace the
interpretive panels as needed.
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3. Retaining Wall. There is a retaining wall on the north side of the river as depicted on
Exhibit A. SPU has penetrated the wall and installed fasteners into the ground on
the north side of the river and the wall for securing a safety cable across the river to
facilitate installing, operating, servicing and removing the traps and weir. SPU will
maintain the fasteners and cables and will conduct annual inspections of the
locations where the fasteners and cable penetrate the wall to ensure the wall in that
location is not showing evidence of structural problems or damage caused by the
cable. SPU will be responsible for any damage to the wall or adjacent landscape
improvements caused by any fastener or cable installed by SPU.
F. Costs and Utilities
for h of installing and maintaining the Broodstock
SPU will be responsible o t e cost g g
Collection Facility and access improvements. SPU will be further responsible for
any damages, injuries, liability or costs to the extent occurring as a result of SPU's
installation, use, maintenance and/or operation of the Broodstock Collection Facility.
SPU will ensure that utilities serving the Broodstock Collection Facility are separately
metered to SPU and will pay all utility bills when due.
G. Renton HPA AND MAINTENANCE DREDGING
1. The Conditional Use Permit includes the following condition: "Prior to operation of
the broodstock facility an agreement between the Washington State Department of
Fish and Wildlife (WDFW) and the City of Renton shall be achieved as to resolve the
concerns of SPU's proposed broodstock facility on the City's [Renton's] ability to
meet the requirements of the Hydraulic Permit Approval #G1503-1 (Cedar River
Section 205 Flood Hazard Reduction project)." This condition has been satisfied
based upon the attached letter (Exhibit D) dated September 4, 2008 from Bob
Everitt, Washington State Department of Fish and Wildlife (WDFW) to Gregg
Zimmerman, City of Renton Public Works Department Administrator. If Seattle
requests an extension of this MOA and the Conditional Use Permit, SPU agrees to
work cooperatively with Renton as needed to resolve adverse impacts within SPU's
control, if any, that the Broodstock Collection Facility has on Renton's ability to
obtain a new Hydraulic Project Approval for future maintenance dredging projects.
Renton reserves the right to oppose the future renewal of the. Conditional Use Permit
before the Hearing Examiner if Renton reasonably concludes that the broodstock
facility prevents or adversely impacts Renton's ability to obtain a Hydraulic Project
Approval for maintenance dredging.
2. SPU shall cooperate with Renton in resolving any comments, permit requirements,
mitigation, or other issues that arise during the Renton permitting of the future
maintenance dredging that are the result of concerns about the dredging project's
effect on the Broodstock Facility or the impacts to the maintenance dredging project
caused by the Broodstock Facility. If the presence or operation of the Broodstock
Facility directly results in additional costs, conditions or mitigation measures to be
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added to the future dredging project ("Project Impacts"), SPU will be responsible for
the Project Impacts to the extent caused by the Broodstock Facility's presence or
operations.
H. Reporting
SPU shall provide copies of all annual monitoring reports that contain information
regarding all monitoring activities performed by SPU at the Broodstock Facility and the
sections of the Cedar River downstream and upstream of the facility. The reports shall
include all reports that SPU develops or generates under its Cedar River Sockeye
Hatchery Program now, or hereafter, including:
the number of sockeye salmon captured for broodstock;
• the number of sockeye salmon captured 'and passed upstream
above the weir;
• the number of Chinook salmon observed, passed and timing (dates
along with number of fish captured); and
• average fecundity (average number of eggs per female) collected
from the broodstock fish used in the production of sockeye salmon
at the Cedar River Hatchery.
The report shall also include a running total of all sockeye captured at the Broodstock
Facility, since the start of broodstock collection (2008) at the Broodstock Facility site in
Renton.
I. Damage or Destruction
1. Damage. SPU will be responsible for repairing any damage, other than ordinary
wear and tear, to the pedestrian trail or to the Renton Property (including
Recreational Improvements) caused by SPU's operation of the Broodstock
Collection Facility.
2. Destruction. If the Broodstock Collection Facility is partially or entirely destroyed
by flood, fire or other casualty, Seattle, in the discretion of SPU's Director, may
either restore and rebuild the Broodstock Collection Facility or terminate this
Agreement upon thirty (30) days written notice to Renton.
J. Termination, Restoration, Ownership of Improvements
1. Early Termination. If SPU determines that the Broodstock Collection Facility is
no longer necessary for hatchery operations, or determines that the Facility
should be re-located for any reason, Seattle reserves the right to terminate this
Agreement without liability upon thirty (30) days written notice to Renton.
2. Restoration. Upon the expiration or termination of this MOA, or if the Broodstock
Collection Facility is decommissioned, SPU will remove all weir supporting
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structures, facilities,appurtenances, and the access road, and will restore the
Renton Property to its prior vegetated condition. SPU shall bear the sole cost
and expense of removal and restoration efforts.
3. Ownership of Recreational Improvements. At the expiration or early termination
of this MOA, Renton will have immediate ownership of and responsibility for all
Recreational Improvements, and SPU will not be required to remove the
Recreational Improvements.
K. Insurance and Indemnification
1. Insurance. Renton acknowledges and accepts that as a public entity, Seattle is
self-insured. Seattle will keep in place a program of self insurance at all times
during this Agreement.
2. Seattle to Indemnify Renton. Except as otherwise provided in this Section,
Seattle shall indemnify, defend and hold Renton and Renton's officers, agents,
employees and contractors harmless from all claims, suits, losses, damages,
fines, penalties, liabilities and expenses (including attorneys' fees and other costs
incurred in connection with claims, regardless of whether such claims involve
litigation) resulting from any actual or alleged injury (including death)of any
person or from any actual or alleged loss of or damage to, any property caused
by Seattle's occupation, use or improvement of the Renton Property and
adjacent areas, or that of any of its employees, agents or contractors, unless
Seattle is immune from liability under RCW 4.24.210 or any successor provision
or other applicable law. Seattle agrees that the foregoing indemnity, to the extent
applicable, specifically covers actions brought by its own employees. This
indemnity with respect to acts or omissions during the time when this Agreement
is in effect shall survive termination or expiration of this Agreement. The
foregoing indemnity is specifically and expressly intended to;constitute a waiver
of Seattle's immunity under Washington's Industrial Insurance Act, RCW Title 51,
to the extent necessary to provide Renton with a full and complete indemnity
from claims made by Seattle and its employees, to the extent of their negligence.
3. Renton to Indemnify Seattle. Except as otherwise provided in this Section,
Renton shall indemnify, defend and hold Seattle, its officers, agents, employees
and contractors harmless from all claims, suits, losses, damages, fines,
penalties, liabilities and expenses (including attorneys' fees and other costs
incurred in connection with claims, regardless of whether such claims involve
litigation) resulting from any actual or alleged injury (including death) of any
person or from any actual or alleged loss of or damage to property caused by
Renton's occupation, use or improvement of the Renton Property and adjacent
areas, or that of any of its employees, agents or contractors, unless Renton is
immune from liability under RCW 4.24.210. Renton agrees that the foregoing
indemnity specifically covers actions brought by its own employees. This
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_ indemnity with respect to acts or omissions during the time when this Agreement
is in effect shall survive termination or expiration of this Agreement. The
foregoing indemnity is specifically and expressly intended to, constitute a waiver
of Renton's immunity under Washington's Industrial Insurance Act, RCW Title 51,
to the extent necessary to provide Seattle with a full and complete indemnity from
claims made by Seattle and its employees, to the extent of their negligence.
4. Limitation of Indemnification. In compliance with.RCW 4.24.115 as in effect on
the date of this Agreement, all provisions of this Agreement pursuant to which
either party("Indemnitor") agrees to indemnify the other party ("Indemnitee")
against liability for damages arising out of bodily injury to persons or damage to
property relative to the construction, alteration, repair, addition to, subtraction
from, improvement to, or maintenance of, any building, road, or other structure,
project, development, or improvement attached to real estate, (a) shall not apply
to damages caused by or resulting from the sole negligence of the Indemnitee,
its agents, contractors or employees, and (b) to the extent caused by or resulting
from the concurrent negligence of (i) Seattle or Seattle's agents, contractors or
employees, and (ii) Renton or Renton's agents, contractors or employees, shall
apply only to the extent of the Indemnitor's negligence; PROVIDED, HOWEVER,
the limitations on indemnity set forth in this Section shall automatically and
without further act by either Seattle or Renton be deemed amended so as to
remove any of the restrictions contained in this Section no longer required by
then applicable law.
L. Default
In the event that either party fails to perform its obligations under this Agreement,
the other party shall provide written notice of nonperformance and shall specify a time
reasonable under the circumstances for a cure of the nonperformance. In the event that
the nonperforming party does not perform its obligations within the specified time, such
party shall be in default; provided, that if the default cannot reasonably be cured within
the stated time period, said party shall not be in default if it commences the cure within
the specified time period and thereafter diligently pursues such cure to completion.
Parties shall endeavor to reach an amicable solution prior to pursing alternate legal
remedies. Upon default, the non-defaulting party may pursue any remedies at law or in
equity that may be permitted from time to time by the laws of the State of Washington.
M. Dispute Resolution
If a dispute arises between Renton and Seattle regarding this MOA, both Renton
and Seattle agree to follow the procedures in this section prior to filing or initiating a
lawsuit. The parties shall make their best efforts to resolve disputes as expeditiously as
possible through negotiations at the lowest possible decision-making level, and in the
event such negotiations are unsuccessful, the matter shall be referred to the Director of
SPU and the City's Community Services Administrator or designee. If those officials are
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unable to resolve the dispute within a reasonable period after the matter has been
formally referred to them for resolution, the parties will select a mediator and participate
in mediation with the agreed upon mediator for a reasonable amount of time and in
good faith.
N. Applicable Law and Venue
This Agreement shall be construed and interpreted in accordance with the laws
of the State of Washington. The venue of any action brought hereunder shall be in the
Superior Court for King County.
O. Notices
Any notices or reports required or permitted hereunder shall be effective when
hand-delivered during normal business hours or two (2) business days after mailed,
postage prepaid, to a party at the addresses set forth below, or to such other address
as a party may designate in writing from time to time.
If to Seattle:
Attn: Cyndy Holtz
Major Watersheds Business Area Manager
Drinking Water Division, Seattle Public Utilities
PO Box 34018
7005 1h Avenue
Seattle, WA 98124-4018
If to Renton:
City of Renton Community Services Department
Attn: Parks Planning and Natural Resources Director
1055 S. Grady Way
Renton, WA 98057
P. Entire Agreement
This MOA, including all exhibits, are all of the covenants, promises, agreements,
and conditions between the parties with respect to the subject matter hereof. No verbal
agreements or conversations between any officer, agent, associate, or employee of
Seattle and any officer, agency, employee, or associate of Renton shall affect or modify
any of the terms or obligations contained in this MOA. The parties may amend this
MOA by written agreement signed by an authorized representative of both parties.
Q. Exhibits
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The following exhibits are incorporated and made a part of this MOA:
Exhibit A Access and Use Area, including legal description of Renton Property and
map and delineation of WSDOT property
Exhibit B Cedar River Sockeye Hatchery Broodstock Collections Operations Safety
Plan
Exhibit C Cedar River Access Facility Management Plan dated July 30, 2008
Exhibit D Letter dated September 4, 2008 from Bob Everitt, Washington State
Department of Fish and Wildlife (WDFW) to Gregg Zimmerman, City of
Renton Public Works Department Administrator
IN ITNESS WHEREOF, the parties have executed this Agreement this /aj day of
2010, by having their representatives affix their signatures below.
CITY OF SEATTLE CITY OF RENTON
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EXHIBIT B
Cedar River Sockeye Hatchery Broodstock Collection Operations
Safety Plan
Seattle Public Utilities will take the following measures to protect public and worker
safety in operating its Cedar River Sockeye Hatchery Broodstock Collection Facility at
the Renton Community Center.
Trail Users
The recreational trail located on the south side of the access facilities will be impacted by
broodstock collection facility operations, both during annual weir installation and
removal activities, and during fish removal activities during annual fall operations. To
minimize the impact of these operations on trail users, SPU will:
1. Minimize the amount of time the trail is blocked with vehicles and equipment
2. Place traffic barriers, traffic cones, and sandwich-board type signs at either end of the
access driveway, to warn trail users of operational activities
3. Provide an operations staff person at the intersection of the trail and access driveway
whenever an SPU or WDFW vehicle is entering or exiting the driveway onto Narco
Road.
4. During the installation and removal of the staff trailer, place warning tape around
trailer site.
Park Area Users
The Access Area will be located on the south bank of the Cedar River, across from Cedar
River Park, which is accessible to the public and park employees. To minimize the
impact of its operations and the presence of its facilities within the Cedar River and
adjacent areas SPU will:
1. Provide resident staff on site 24 hours per day during sockeye broodstock collection
operations
2. Train operations staff and make them available to monitor park user activities in the
vicinity of SPU's facilities and interact with park users as appropriate to caution users
of risks and answer questions. "
3. Maintain the access driveway in a condition free of potholes and other hazards to
pedestrians; repair erosion and undercutting of driveway as needed
4. Post"no access" signs on weir and shoreline to discourage park users from walking
onto weir
5. Provide overhead lighting to illuminate area of weir and access road
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6. Provide security light in access area per construction documents
7. Respond to vandalism and maintenance needs as reported by SPU and City of Renton
staff
8. Shut off and secure water and electrical utilities at the end of each broodstock
collection season
9. Adhere to Five-Year Landscape Monitoring Plan,.which is part of the Permit
10. Maintain interpretive kiosk on site per the Easement Agreement
11. Provide informational brochures to public at kiosk and upon request by the public and
City of Renton employees
Recreation River Users (Boaters, Tubers)
The broodstock collection weir will span the width of the Cedar River during operations.
SPU will take the following measures to minimize the risk of its weir operations.on
recreation river users such as boaters and tubers.
1. Provide resident staff on site 24 hours per day during broodstock collection
operations
2. Train operations staff and make them available to monitor park user activities in the
vicinity of SPU's facilities and interact with park users as appropriate to caution users
of risks and answer questions; and to direct river users to the safest locations for
exiting and re-entering the river, and to assist river users to and from shore
3. Cover the substrate rail during low-flow periods that correspond with increased river
recreation
4. The SPU boat used to support operations will be secured on site during operational
times that it will be needed; the boat will be located off-site when not needed
5. Locate warning signs upriver in highly visible locations to warn river users of weir
location downstream; sign location to be agreed upon with City of Renton
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STATE OF WASHINGTON i
DEPARTMENT OF FISH AND WILDLIFE '.
16018 Mill Creek Boulevard•Mill Creek, Washington 98012•(425)775-1311 FAX(425).338-1066
September 4,2008
Gregg Zimmerman,Public Works Administrator
Public Works Department
1055 Grady Way South
Renton, Washington 98055
Dear Mr. Zimmerman:
This letter is a follow-up to our telephone conversation on August 22,2008. During that call
we discussed the draft letter you sent me via e-mail regarding ways to deal with the proposed
broodstock collection facility's impact on the City of Renton's(City)Hydraulic Project
Approval(HPA). Thank you for the time you spent talking with me. I was pleased that we
reached agreement on an approach to deal with some longstanding issues. I promised to
provide this letter,which captures our agreement and will be used by the City to satisfy its
remaining permit requirements related to the construction and operation of the Seattle Public
Utilities' Cedar River broodstock collection facility.
I appreciate the City's flexibility in exploring options for resolving this matter. Ultimately,
you and I agreed that the various proposals for accounting for fish,including fish numbers,
broodstock credits,etc. was getting overly complicated and may not result in providing the
certainty we were both seeking. We agreed that language in the HPA would be modified to
require that the mitigation channel be maintained to perform at design specifications as
described in the approved plans,"Cedar River Mitigation,"dated March 3,2000.
Our specific agreement includes the following:
o The City's spawning channel will be maintained to meet the design and performance
standards originally established for its construction. City and Washington Department
of Fish and Wildlife(WDFW)staff will develop language that captures this intent and
that new language will be used in subsequent HPAs for maintenance dredging.
e The City and WDFW agree to develop an annual monitoring program intended to
determine if the spawning channel is performing as designed. This monitoring could
include presence of fish,flow,or other parameters that are mutually agreed to,but the
emphasis will be on developing a program that can be easily accomplished with
minimal cost.
Gregg Zimmerman, Public Works Administrator
Public Works Department
September 4,2008
Page 2.
• The City and WDFW agree to meet annually to cooperatively perform the monitoring
and the City agrees to implement the recommendations for maintenance of the
spawning channel(if any)that result from that effort.
® The City and WDFW agree to develop the details for the items listed above by January
31,2009,the results of which will be memorialized in an MOU or other mutually
agreed to instrument.
® The language developed and included in the MOU(or like instrument)will be used by
WDFW for future maintenance dredging HPAs issued to the City.
® The City agrees to accept this letter as a commitment by WDFW and that it satisfies the
City's permit conditions related to this matter.
Thank you for your willingness to work through these issues with us. I am confident that we
have a good,workable agreement that will help ensure that a strong,viable fish population
continues to exist in the Cedar River. We look forward to working with the City to finalize the
details of this agreement. I look forward to discussing this further and can be reached at 425-
775-1311,ext.118.
i
P erely,
v ritt
Regional Director
Enclosure
cc: Ron Straka,City of Renton(via e-mail)
Bruce Bachen, City of Seattle(via e-mail)
Isabel Tinoco, Muckleshoot Tribe(via e-mail)
David Brock,WDFW(via e-mail)