WRIA 9 (Green/Duwamish and Central Puget Sound Watershed) Steering Committee Draft Summary for July 10, 2008 ATTENDEES Name Steering Committee: Councilmember Dow Constantine, Co-Chair Councilmember Bill Peloza, Co-Chair Al Barrie Tim Clark Jay Covington Noel Gilbrough Kirk Lakey Paul Meyer Kathy Minsch (for Councilmember Richard Conlin) Mayor Joan McGilton Marlla Mhoon James Rasmussen Councilmember Dennis Robertson Derrick Toba Greg Volkhardt Other Attendees: Andy Batcho Nancy Faegenburg Kollin Higgins Josh Kahan Sandy Kilroy Mike Mactutis Linda McCrea John Taylor Karen Bergeron Linda Grob Gordon Thomson Affiliation King County City of Auburn Mid-Sound Fisheries Enhancement Group/Trout Unlimited City of Kent City of Renton Army Corps of Engineers WA Department of Fish and Wildlife Port of Seattle City of Seattle City of Burien City of Covington Green-Duwamish Watershed Alliance City of Tukwila WA Department of Natural Resources Tacoma Public Utilities Trout Unlimited King County King County King County King County City of Kent Tacoma Public Utilities Puget Sound Partnership WRIA 9 Habitat Project Coordinator WRIA 9 Administrative Coordinator WRIA 9 Plan Manager I. Welcome and Introductions Dow Constantine opened the meeting and invited attendees to introduce themselves. II. Public Comment Noel Gilbrough announced that he is retiring from the Army Corps of Engineers in 16 weeks. Gordon Thomson, Plan Manager, announced the following: The Puget Sound Partnership South Central Puget Sound Action Area workshop is July 30 at the Tukwila Community Center. The Army Corps of Engineers Change of Command Ceremony is Thursday, July 24 at the Locks. The Joint WRIA Action Area meeting and Legislative Agenda workshop is Thursday, September 18, 1:00-5:30 p.m. at the Tukwila Community Center. Draft 7/10/08 Steering Committee Meeting Summary Page 1 of 7 This year’s Yellow Bus Tour is tentatively scheduled for September 10, and its focus will be on projects other than Ecosystem Restoration Projects (ERP). III. Approval of February 21, 2008 Meeting Summary Al Barrie requested that the spelling of Judy Fillips name be corrected on page six of the meeting notes. The Steering Committee unanimously approved the summary for the February 21, 2008 meeting with the correction. IV. Salmon Recovery Funding Board (SRFB) Project Prioritization Karen Bergeron, Habitat Project Coordinator, went over the Round 9 SRFB process for ranking project proposals, including SRFB policy changes for the round (feasibility and design-only projects do not require match; Lead Entities may submit two or three alternate projects), timeline, and membership of the WRIA 9 Technical Advisory Group which ranks the projects. WRIA 9 SRFB allocation for 2008 is $363,725, which compares unfavorably with the amount received in 2007 ($461,055 in SRFB funds and $1.5 million in Puget Sound Acquisition and Restoration funds). Karen introduced the projects sponsors who gave brief presentations on each of the proposed projects: Downey Farmstead Feasibility Study; Pt. Heyer Drift Cell Preservation; and Pautzke Levee Setback and Removal. Downey Farmstead Feasibility Study (proposed by City of Kent): Mike Mactutis, Kent, reported that Downey Farmstead is the next step for the Lower Green Acquisition. He said results of sampling done on the property came back today as clean for contamination. The project includes four parcels in unincorporated King County, comprised of 22 acres and a half-mile of riverfront property on the Green River from river mile (RM) 21.7 to 22.2. The $150,000 request is to buy three of the four parcels (Kent owns the fourth, and is contributing a $50,000 match). The project would move Frager Road back from the river to create a greater buffer/setback, create floodplain storage and side channel refuge habitat, increase access to floodplain habitat for Chinook and seven other salmonid species, and remove invasive plants, re-vegetate with native plants, and install large wood. Mike explained that Kent is in the final stages of acquiring the property. Pt. Heyer Drift Cell Preservation (proposed by King County): Kollin Higgins, King County, explained that the Pt. Heyer drift cell is on the eastern side of Vashon Island, in an area also known as KVI Beach. The drift cell moves sediment from Vashon Landing southward to Pt. Heyer. The proposed project would preserve the only complete, intact, highly functioning drift cell in King County, protect nearshore habitat that supports threatened salmon (beach seigning survey in 2001-2002 caught Green River Chinook off Pt. Heyer), sustain a rare estuarine habitat, and provide public access to a natural, ecologically viable shoreline. Kollin said 90% of the drift cell is unarmored, compared to the 50% armoring of Vashon/Maury Island shorelines, and the 90% armoring in WRIA 9. The Pt. Heyer drift cell has lots of feeder bluffs, and while it is outside the Maury Island Aquatic Marine Reserve, it is the best area on Vashon. He reported that the project is broken into three parts, with the current focus being a feasibility study on the northern part. Karen Bergeron added that last year we awarded Pt. Heyer $150,000. Pautzke Levee Setback (proposed by King County): Josh Kahan, King County, announced that the Pautzke Levee Setback site is near RM 32 on the Middle Green River, which has lots of levees. 400 acres have been purchased on the reach, and Porter Levee is on the southern part of reach, with a bluff. A massive log jam near the site changed the flow of river, and floaters are required to exit before the log jam. Fenster Levee is going to be relocated along the train tracks this summer, and the same thing will happen on Pautzke, with the levee getting moved back, and notched in another area. After the levee setback the river will start carving out a channel and revegetate naturally with cottonwoods, and we will also do some additional revegetation. The Pautzke Levee Setback project is a priority project in the WRIA 9 Salmon Habitat Plan. Greg Volkhardt asked if Draft 7/10/08 Steering Committee Meeting Summary Page 2 of 7 the site was agricultural. Josh replied that most of these properties were agricultural, and when that ended the levees remained and have caused quite a bit of damage. The Auburn Narrows site is nearby, and has been revegetated. Gordon Thomson commented that Pautzke is considered a regionally significant property. Noel Gilbrough added that it is one of about six or seven properties where the Army Corps is looking at taking levees out. Karen explained that the Technical Advisory Group used SRFB criteria of benefits to salmonids, and certainty of success to evaluate the projects, which received the following points: Project Pautzke Levee Setback Downey Farmstead Pt. Heyer Drift Cell Preservation Mean Total Points 63 54 47 Pt. Heyer ranked lower because it is not ready for acquisition. The SRFB Review Panel only had minor comments this year on the projects, and said all three are good projects and technically sound. Discussion: ▪ Dow Constantine commented that we have three good projects, but not enough money to pay for them. ▪ Noel Gilbrough asked by what method the Pt. Heyer properties would be purchased: fee, easement acquisition, or other. Kollin Higgins responded that it depends on the landowner. ▪ Dennis Robertson inquired if there was a timing issue on Pt. Heyer. Kollin Higgins explained that one parcel is on the market, but Pt. Heyer is a ten-year project, and we will pick up parcels as we go. ▪ Dennis Robertson asked if we are in danger of losing Downey Farmstead. Mike Mactutis responded that we are in a good place with the landowner. Karen Bergeron mentioned that we had to provide assurances to the SRFB panel that we are committed to moving the road. Councilmember Robertson asked about the cost of moving the road. Karen commented that the King County supports moving the road, and Mike added that there is an alternate if we can’t move the road. Dow Constantine reported that there isn’t any money in the county right now to move the road. King County will eventually go back and have a county roads package voted on to do projects that are outside our capacity. Moving Frager Road may not be able to be done in the next six years. ▪ Dennis Robertson asked about the costs of the other projects. Kollin Higgins said Pt. Heyer North is $3.5 million and Mike Mactutis said Downey Farmstead is $4 to 6 million to do the whole project. ▪ Al Barrie inquired if there is any interest from the Puget Sound Partnership (PSP) in Pt. Heyer. Kollin Higgins responded in the affirmative. Pt. Heyer was pointed out several times to PSP, we have submitted the project to two other grants (ALEA and PSNERP), and plan on submitting for additional grants in the future. He said we are also looking at KCD for supplemental funding. ▪ Marlla Mhoon inquired if more money should be put to Downey Farmstead if we don’t have money to move the road. Tim Clark commented that Frager is not a highly used road. Mike Mactutis mentioned that we are looking at the soil, which may be marketable, which means we might have some money left over to pay for the project. ▪ Karen Bergeron commented that the Steering Committee will continue to see Pt. Heyer over and over because it is being acquired in phases over a long period of time (at least 10 years). She noted that Lori Larkin, the Vashon Basin Steward for King County, was awarded $250,000 for Pt. Heyer in 2007. The Steering Committee unanimously approved the Salmon Recovery Funding Board project prioritization order of: 1. Pautzke Levee Setback 2. Downey Farmstead Feasibility Study 3. Pt. Heyer Drift Cell Preservation. Draft 7/10/08 Steering Committee Meeting Summary Page 3 of 7 V. Large Wood and Boater Safety Resolution Update Gordon Thomson reported that a letter from the Steering Committee Co-Chairs on the issue of large wood installations and boater safety was in the meeting packet, and a King County Council Growth Management and Natural Resources Committee hearing on the resolution is scheduled for September 9. Nancy Faegenburg, King County Water and Land Resources Division, briefed the Steering Committee on the Executive resolution to the County Council on large wood placement, which contains three recommendations: Develop procedural and design standards for addressing public safety in the placement of large wood in all the waterways of King County; Inventory all known agencies, groups, and individuals involved in design or permitting for large wood placement in the county; and Summarize the current design process and regulatory framework applied within King County to large wood installations. Nancy said recreational concerns were that all instream wood potentially poses a problem to river recreationists. Meetings were held with stakeholders to gather input, and a series of recommendations were developed, including: adopt procedures to seek stakeholder input in design and construction of large wood projects; update the design guidance for bank stabilization projects; require that all project proponents, including private property owners assess recreational safety issues when placing wood; develop menu of temporary in-water actions that will be allowable under emergency permits; and promote river safety education and awareness. In conclusion Nancy said large wood is critical in our riverine ecosystems, public safety must be considered in the placement of large wood, and balancing those needs will require communication, cooperation and compromise. Discussion: Jay Covington inquired how private individuals can put wood in the river that is not up to standards, when they are required to get permits. Nancy Faegenburg replied that they do get permits, but there are no standards. Al Barrie commented that Lewis County rivers are rife with wood that floods have deposited. He said that in on the first hot day of spring three people were killed in the river after walking right by signs warning of potential danger. No wood was planted there. Andy Batcho, citizen, said he has worked with Streamkeepers for many years. He commented that there is no design for naturally planted wood. Nancy Faegenburg agreed, but said when we put in wood we carry a certain amount of responsibility. Andy remarked that the proposed county resolution removes the responsibility that people have. Nancy said permits generally do not consider safety of placing large wood, but some permits do require safety mitigation for specific projects. Dennis Robertson asked if by creating the standard you are automatically assuming the responsibility. What is the greatest risk for King County and the cities - are we more at risk of not doing something, or by doing creating standards. Dow Constantine responded that our prosecuting attorney is going to advise King County on its liability. Al Barrie mentioned that he attended the June 3 stakeholder wood placement meeting, and he asked what qualifications are required by citizens who will review projects. Nancy Faegenburg explained that the stakeholders are typically boaters, and their point about river safety has been supported by the Hearing Examiner. She said they don’t have specific qualifications, but are there for advice. Dow Constantine commented that if we have options in placing large wood, we should do it the safest way. He said our choice should not come down to we won’t restore habitat so people can continue to float in inner tubes. Nancy Faegenburg explained that she thought people were intentionally being Draft 7/10/08 Steering Committee Meeting Summary Page 4 of 7 cautious in designing large wood placement projects to not inflate the problem, but she said she didn’t think we would ever not do a project because of river recreationists. Kirk Lakey said WDFW asked the State Attorney General’s Office about the issue, and based on that WDFW submitted a response to the county. WDFW Hydraulic Project Approval (HPA) has always considered people and capital safety. Dennis Robertson commented that there is a huge difference between boaters (canoe, kayak, motor boat) and tubers. Nancy Faegenburg reiterated that large wood has to go in, will continue to go in, and there will have to be a compromise, including by boaters VI. Puget Sound Partnership Action Area Update John Taylor, South Central Puget Sound Action Area Liaison, Puget Sound Partnership (PSP) gave a brief overview on what is being done in the seven Action Areas of Puget Sound. He said we decided early on that this Action Area has too many jurisdictions and players, so we plan to come to your meetings to run materials by you, and get your feedback. He said he is coordinating that effort through Doug Osterman. Currently in development is the Draft Action Area Profile, which will become part of the Action Agenda. The audience is decision makers and general public, and we are also trying to get feedback from people individually. He said we need to have the Action Agenda to the legislature by December 1. John explained that the September 18 South Central Puget Sound Action Area meeting, is scheduled for 1-5:00 p.m. at the Tukwila Community Center. The first part of the meeting will be going over the Action Area profiles and the initial strategic actions of PSP, and the second half will be on developing a funding strategy. Discussion: Dow Constantine commented that he has met with Councilmember Norm Dicks five times in the last year, and every time he talks about a flush tax, like they are doing in Chesapeake Bay. John Taylor responded that it is all part of the PSP discussion. Gordon Thomson remarked that lots of WRIA’s are being run by volunteers, so he hoped part of the conversion will be on what it takes in terms of staffing to get a capital project program done. James Rasmussen commented on the Department of Ecology (DOE) decision that says do no future harm. He said the Shoreline Management Act is based on doing nothing worse than now and treating that as acceptable instead of improving the environment. He asked how PSP is dealing with that mindset, especially when things are following on deaf ears, and the Supreme Court makes poor decisions. John Taylor responded that we have direction from the governor and the legislature to move forward on cleaning up Puget Sound. Bill Peloza mentioned that there was a great Seattle Post Intelligencer article on Monday on water pollution, and he suggested people look it over. VII. Plan Implementation Including Final Version 2007 Annual Report and H-Integration Updates Gordon Thomson announced that the Final version of the 2007 Annual Report in the packet has been updated to include Steering Committee comments. H-Integration updates are on the pink sheet in the packet, and the next Steering Committee meeting will have a presentation from the Technical Committee. Gordon noted that the main focus of H-Integration in WRIA 9 is on: 1. Focusing on recovering transition zone habitat; 2. Rehabilitating Lower Green River habitat with levee setbacks and of channel projects, and restoring at the reach level Fenster/Pautzke project to provide additional up stream rearing (test hypothesis that additional habitat may cause juveniles to hang out longer up river); 3. Recovering spatial structure above Howard Hanson; Draft 7/10/08 Steering Committee Meeting Summary Page 5 of 7 4. Reducing the number and timing of hatchery fish released to reduce competition with natural origin Chinook; and 5. Focusing harvest on hatchery fish. Gordon also said a comprehensive H-Integration briefing would be on the September 11, 2008 Steering Committee agenda. 2009 ILA Budget Reduction: Joan McGilton, Chair of the Forum, reported that the WRIA 9 Management Committee has been looking at a budget reduction for 2009, and the committee’s consensus was to reduce the budget by $30,000, which means a decrease of a staff person by about ½. Doug Osterman, Watershed Coordinator, made several recommendations, including combining the Forum and Steering Committee and holding four meetings per year in order to decrease the staff workload. Discussion: Dow Constantine asked what the combined group would look like. Joan McGilton replied that the combined group would include all Steering Committee members and all elected officials on the Forum and Steering Committee. Jay Covington added that the agendas would include more financing issues, and there would be more electeds at the table. Dow Constantine asked if anything would be lost. Joan McGilton explained that Forum does not see some of the independent comment that we have around the Steering Committee table. This group also delves into technical issues. Staff won’t be participating as much in all the regional groups, so it could decrease our regional voice. Joan noted that there will continue to have the Management Committee in WRIA 9. Kirk Lakey reported that he also participates in WRIA 8, where the Forum and Steering Committee were combined into the WRIA 8 Salmon Recovery Council. He said for him the meetings were a bit awkward at first. For example, there was some question over who votes on what. Kirk thought overall that combining both groups works well and that local groups were reinvigorated and able to talk more easily with electeds. Kathy Minsch, who also participates in WRIA8, said the discussions at the Salmon Recovery Council are very dynamic. Noel Gilbrough explained that he attends both the Forum and Steering Committee meetings. He said the ERP Executive Committee would still meet twice a year. Bill Peloza said we could have real efficiencies in combining the two groups, and he suggested the WRIA team give it a fresh look. Sandy Kilroy noted the WRIA 9 budget reduction of $30,000 from status quo would have an impact on the WRIA work programs. The Management Committee will need to vote on which programs to cut. One of the recommendations was to combine the two committees. Jay Covington said that we who sit on both committees will have to make sure everyone still has a voice. Al Barrie asked if the WRIA 9 team could look for other efficiencies to so that a staff position isn’t cut to half-time. Joan McGilton said the budget is a very staff driven and there is no wiggle room as to what we cut. Cutting half a staff person will give us some money for other professional items. Al Barre said the time of the combined meetings will be very important, and James Rasmussen asked how the chair(s) will be selected. Dow Constantine said we have consensus and he asked if someone will tell us how this all goes together. Sandy Kilroy said the Forum will need to take action on combining the committees, and we will look to the model that was done by WRIA 8. Gordon Thomson added that we will have to redo the ILA. Funding Allocation: Joan McGilton announced that Doug Osterman looked at the agenda of the PSP Salmon Recovery Council and realized they wanted to adopt the funding allocation that was used in 2008, when WRIA 9 Draft 7/10/08 Steering Committee Meeting Summary Page 6 of 7 only received $350,000. She said the allocation for WRIA 9 used to be 7%, but now it is looking like we cannot grow our current 4.3% allocation. Gordon Thomson reported that there was no allocation methodology until 2007, and until then we used to get $1.3 million for projects. WRIA 9 has a problem with an allocation methodology that was never approved by the Technical Recovery Team. He said the Puget Sound WRIAs were told the methodology was temporary, but now Puget Sound Partnership staff are recommending the allocation be approved through 2011, which is the same as permanent. Discussion: Bill Pelosa asked what people think about writing a letter on the allocation methodology. He said we could respond with a very strong concern that we aren’t getting a strong allocation. Joan McGilton commented that even though we are at the table, we aren’t at the menu. Kirk Lakey asked who would the letter recipient would be. It will have to be delivered to the Salmon Recovery Council. Noel Gilbrough inquired if a letter will have an effect. Kirk suggested we might propose a motion to reevaluate the allocation. We were very successful because we were strategic and the other WRIAs couldn’t compete with us. Dennis Robertson proposed another approach: We did get more than our share the way the allocation happened before, but now we are getting less than our share. Let’s look at how it’s allocated, and see if we can find a middle ground. Joan McGilton noted that if the percentage changes, the money has to come from the other WRIAs. The Steering Committee agreed that staff should write a letter to the Salmon Recovery Council for Forum Chair’s Joan McGilton’s signature stating WRIA 9’s concerns with the funding allocation. X. Public Comment Noel noted in regards to ERP funding that the current U.S. House bill is for $1 million and the current Senate bill is for $3 million. James Rasmussen requested that people giving presentations to the Steering Committee be persuaded to stick around to the meeting’s conclusion. XI. Wrap Up/Next Steps The meeting was adjourned at 9:00 p.m. The next Steering Committee meeting is September 11, 2008, 6:30 to 9:00 p.m. Draft 7/10/08 Steering Committee Meeting Summary Page 7 of 7