Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Council PKT 06-17-2003 Special/Regular
City of Federal Way City Council Meeting AGENDA COUNCILMEMBERS Jeanne Burbidge, Mayor Jack Dovey Eric Faison Mary Gates Linda Kochmar Dean McColgan Mike Park CITY MANAGER David H. Moseley Office of the City Clerk June 17, 2003 AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall June 17, 2003 (www. ci~yoffederalway, corn) SPECIAL MEETING - 5:00 p.m. CALL MEETING TO ORDER II. COMMUNITY CENTER UPDATE III. ADJOURNMENT REGULAR MEETING - 7:00 p.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE III. IV. PRESENTATIONS ao Proclamation/Amateur Radio Week Youth Commission/Appreciation Plaques (Outgoing Commissioners) Diversity Commission/Appreciation Plaques (Outgoing Commissioners) Diversity Commission/Introductions & Certificates of Appointment Ethics Board/Introduction & Certificate of Appointment Public Safety Awards Introduction of New Employees/City Manager Emerging Issues/City Manager: CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium and state your name for the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. Over please... VI. VII. VIII. IX. CONSENT AGENDA Items listed below have been previously reviewed ,by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. Minutes/June 3, 2003 Regular Meeting Purchase of Computers for Public Safety/SIU Asset Seizure Fund Interlocal Agreement with King County for Internet Services Interlocal Agreement with Benton County for Jail Services Fleet Maintenance Contract Green Gables Neighborhood Traffic Safety (NTS) Pr0iect PUBLIC HEARING Formation of Proposed Steel Lake Management District Staff Report · Citizen Comment - (please limit remarlcs to 3 minutes) · City Council Deliberation/Direction CITY COUNCIL BUSINESS Parks 2003 Capital Improvement Program Revision INTRODUCTION ORDINANCE Council Bill #324/Amendment Updating Chapter 6, Criminal Code AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE! FEDERAL WAY CITY CRIMINAL CODE TO INCLUDE THE CRIME OF STALKING (AMENDING ORDINANCE NO. 91-89). CITY COUNCIL REPORTS CITY MANAGER REPORT EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30:110(1 )(i) ADJOURNMENT ** THE COUNCIL MAYADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** THE COMPLETE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL AND ALSO ON THE CITY'S WEBSITE UNDER "NEW--FEDERAL WAY DOCUMENT LIBRARY" PROCLAMATION "AMATEUR RADIO WEEK" WHEREAS, the City of Federal Way has more than 280 licensed Amateur Radio operators who have demonstrated their value in public assistance by providing emergency radio communications; and WHEREAS, these Amateur Radio operators donate these services free of charge to the city, in the interest of the citizens of the city, as well as the world; and WHEREAS, these Amateur Radio operators are on alert for any emergency, local or world-wide, and practice communication skills during the American Radio Relay League's Field Day exercise; and WHEREAS, this year's Amateur Radio Field Day will take place on June 28-29, 2003; NOW, THEREFORE, we, the undersigned City Councilmembers of the City of Federal Way, Washington, do hereby proclaim the week of June 21-28, 2003, as "AMATEUR RADIO WEEK" in the City of Federal Way, in recognition of this important emergency preparedness exercise, and call upon all citizens to pay tribute to the Amateur Radio operators of our city. SIGNED this 17th day of June, 2003. CITY OF FEDERAL WAY Jeanne Burbidge, Mayor Mary Gates, Councilmember Eric Faison, Counciltnember Mike Park, Councilmember Dean McColgan, Deputy Mayor Jack Dovey, Councilmember Linda Kochmar, Councilmember MEETING DATE: June 17,2003 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Draft minutes of the City Council regular meeting held on June 3, 2003. SUMMARY/BACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: n/a PROPOSED MOTION: "I move approval of minutes of the City Council regular meeting held June 3, 2003." CIT~"M~'N~E" ~Pp"OVAi~: ~~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 FEDERAL WAY CITY COUNCIL Council Chambers - City Hall June $, 2003 - 7:00 p.m. Regular Meeting Minutes I. CALL MEETING TO ORDER Mayor Burbidge called the regular meeting of the Federal Way City Council to order at the hour of 7:00 p.m. Councilmembers present: Mayor Jeanne Burbidge, Deputy Mayor Dean McColgan, Councilmembers Jack Dovey, Eric Faison, Mary Gates, Linda Kochmar, and Mike Park. Staff present: City Manager David Moseley, City Attorney Pat Richardson, and City Clerk Chris Green. II. PLEDGE OF ALLEGIANCE Councilmember Dovey led the flag salute. III. PRESENTATIONS a. Introduction of New Employees/City Manager City Manager David Moseley was pleased to announce Amy Pearsall has joined the Law Department as the new Staff Attorney. b. Em¢rging Issues/City Manager Mr. Moseley stated there were no emerging issues to discuss tonight. IV. CITIZEN COMMENT Dr. Elizabeth Chen, spoke to Council to report on Highline Community College's progress. Federal Way City Council Regular Meeting Minutes June 3, 2003 - Page 2 of 5 go CONSENT AGENDA ao Minutes/May 20, 2003 Regular Meeting -Approved Vouchers-Approved Monthly Financial Report/April 2003-Approved Pacific Highway South HOV Lanes/Phase II Bid Award-Approved COUNCILMEMBER KOCHMAR MOVED APPROVAL OF THE CONSENT AGENDA AS PI,' ESENTED; COUNCILMEMBER PARK SECOND. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Gates yes VI. PUBLIC HEARING Cancellation of Westway Townhouses Renovation Project, a 2002 CDBG Capital Proiect of $34,680; and, Allocation $160,000 from the Cancelled Prqiect & Additional 2003 CDBG Capital Funds to Westwa¥ Street Lighting Program Mayor Burbidge read into the records the procedures to be followed for the public hearing and opened the public hearing at 7:11 p.m. Community Development Block Grant Coordinator Kelli O'Donnell made a brief presentation to Council outlining the projects and reallocation of funds. There was no public testimony. Hearing no further comments, Mayor Burbidge closed the public hearing at 7:20 p.m. COUNCILMEMBER KOCHMAR MOVED TO APPROVE THE 2002 AND 2003 CDBG USE OF FUNDS, AND CANCELLATION AND REALLOCATION OF PREVIOUSLY AWARDED PROJECTS; COUNCILMEMBER DOVEY SECOND. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Gates yes Federal Way City Council Regular Meeting Minutes June 3, 2003 -Page 3 of 5 VII. CITY COUNCIL BUSINESS a. Diversity Commission Appointments COUNCILMEMBER KOCHMAR MOVED THE APPOINTMENT OF BRYAN COOPER, TERESA CAMACHO, AND DIANA GONZALEZ TO THE DIVERSITY COMMISSION AS REGULAR VOTING MEMEBERS ALL WITH 3-YEAR TERMS THROUGH MAY 31, 2006; COUNCILMEMBER PARK SECOND. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Gates yes b. Ethics Board Appointment COUNCILMEMBER GATES MOVED THE REAPPOINTMENT OF ETHICS BOARD MEMBER DENNIS GREENLEE, JR. TO A 3-YEAR TERM ENDING ON JUNE 30, 2006; COUNCILMEMBER PARK SECOND. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Gates yes VIII. INTRODUCTION ORDINANCE Council Bill #323/Municipal Facility AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AUTHORIZING THE ACQUISITION OF THE PARAGON BUILDING AND VACANT LOTS ON SOUTH 333}m STREET AND THE EXECUTION OF RELATED DOCUMENTS. COUNCILMEMBER KOCHMAR MOVED COUNCIL BILL #323 TO SECOND READING AND ENACTMENT AT THE SPECIAL COUNCIL MEETING ON JUNE 11, 2003; COUNCILMEMBER DOVEY SECOND. Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Gates yes Federal }Fay City Council Regular Meeting Minutes June 3, 2003 -Page 4 of 5 IX. CITY COUNCIL REPORTS Councilmember Gates reported on her attendance at various regional meetings and distributed a written report to Council on Sound Transit projects and the Federal Way Transit Center. Councilmember Kochmar noted she would be attending the Airport Communities Coalition meeting tomorrou .md reminded citizens of the upcoming Soroptomist Flag Day ceremony. She armounced the next meeting of the Parks, Recreation, Human Services, and Public Safety Committee would be held on June 9th at 4:00 p.m. Councilmember Park announced the next meeting of the Finance, Economic Development, Regional Affairs Committee would be held June 24th at 2:00 p.m. Councilmember Dovey also noted the Flag Day ceremony, he encouraged citizens to attend and listen to the great speaker that is scheduled to speak on the history of the flag. Councilmember Faison announced the next meeting of the Land Use/Transportation Committee would be held June 16th at 5:30 p.m. Deputy Mayor McColgan recognized local high school athletes and announced the next meeting of the Lodging Tax Advisory Committee would be held June 13th at 8:00 a.m. Mayor Burbidge thanked staff for a wonderful volunteer recognition dinner! She reported on her attendance at various regional meetings and encouraged citizen to take advantage of the wonderful events in the performing arts around the city. Xo CITY MANAGER REPORT City Manager David Moseley reported on the City Hall purchase. He noted the second reading of the ordinance would go before Council at the special meeting scheduled for June 11t~ at 3:00 p.m. Mr. Moseley gave ~ brief update on the Community Center project; he noted the architects will give an updaV: at the special meeting on June 17th before the regular meeting. He was also pleased to note, the city has received over 300 responses to the on-line survey. He added the city takes over the operation of the Kenneth Jones Pool at the end of the month. June 25th will be the grand opening of the pool under the city's management. City Manager Moseley reminded Council and citizens of the public meeting for the new parks on the former Thompson and Armstrong properties. Federal }Fay City Council Regular Meeting Minutes June 3, 2003 -Page 5 of 5 Mr. Moseley further reminded Council of the need for an Executive Session for the purpose of discussing Potential Litigation/Pursuant to RCW 42.30.110(1)(i); and Property Acquisition/Pursuant to RCW 42.30.110(1)(b) for approximately fifteen minutes with no action anticipated. EXECUTIVE SESSION At 7:46 Mayor Burbidge announced the Council would be recessing to Executive Session for the purpose of discussing Potential Litigation/Pursuant to RCW 42.30.110(1)(i); and Property Acqui sition/Pursuant to RC W 42.30.110(1 )(b) for approximately fifteen minute s with no action anticipated. ao Potential Litigation/Pursuant to RCW 42.30.110(1)(i) Property Acquisition/Pursuant to RCW 42.30.110(1 )(b) Council returned to Chambers at 8:05 p.m. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Burbidge adjourned the regular meeting at 8:05 p.m. Stephanie Courtney Deputy City Clerk MEETING DATE: June 17, 2003 CITY OF FEDERAL WAY City Council AGENDA BILL ITEM# SUBJECT: Purchase of computers for PS/S1U from asset seizure fund. CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Memo to FEDRAC SUMMARY/BACKGROUND: Request to purchase 5 computers from the seizure fund to replace the older Special Investigation Unic computers. These computers will be placed on Replacement Reserves from now on. CITY COUNCIL COMMITTEE RECOMMENDATION: Approved the use of $10,000 from the asset seizure fund r,,r the purchase and recommended to start collecting replacement reserve for them. PROPOSED MOTION: "I move approval of the purchase of 5 computers for up to $10,000 from the asset seizure fund." COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY MEMORANDUM Date: To: Via: From: Subject: May 20, 2003 Finance, Econom~c]~pment and Regional Affairs Committee David H. Mose)6y,~lt'y Mahaager /~ Mehdi Sadri, Informhtion Systems Manager ~/ Purchase of Computers for PS / SIU BACKGROUND: The City purchased five computers for Department of Public Safety/Special Investigation Unit (SIU) in 1996/1997 utilizing the asset seizure fund. These computers are fully utilized and have passed their useful life. The City's policy for replacement cycle of computers is every four (4) years, however, the City does not collect replacement reserves for equipment purchased from one-time grant or seizure funds, therefore the SIU computers are not budgeted within the existing 2003/2004 systems replacement plan. Investigations Unit staff and MIS staff have reviewed the condition of current computers and division's needs for basic computing and audio, video processing and recommend use of $10,000 from the asset seizure fund to purchase four (4) desktop computers, one (1) laptop and necessary software to replace the existing systems. These purchases comply with statutory requirements with regard to asset seizure fund. Staff requests committee's approval of the use of $10,000 from the asset seizure fund, for the purchase of the above and forward the request for full council approval. COMMITTEE ACTION: Approve the use of $10,000 from the asset seizure fund for the purchase of computers for special Investigation Unit and forward the request for full council approval. ,~,~rAPPROVAL BY COMMITTEE: ~ - 'Col~ C~air /Co .l.l .~ittee Member C~r{mittee Member CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Agreement with King County for Internet Services. CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Memo to FEDRAC and 1-net agreement SUMMARY/BACKGROUND: The City is currently utilizing Qwest phone services and Nextel internet access services to access the lnternet, other county and State networks and allow access to City's web site. The City has negotiated this agreement (I-Net Agreement) with King County that will provide the similar service over a fiber optic connection, at higher speeds and lower costs. ;Y COUNCIL COMMITTEE RECOMMENDATION: Approved and forwarded the agreement to full council. PROPOSED MOTION: "! move approval of the I-net agreement with King County." CITY MANAGER APPROVAL: ~, (BELOFF TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY MEMORANDUM Date: To: Via: From: Subject: May 19, 2003 Finance, Econ~evelopment and Regional Affairs Committee David H. Mo~el~ CRy Manager Mehdi Sadri, Int~0rmation Systems Manager ~-) KC 1-net Agreement - City Internet Services Provider BACKGROUND: Since 1995 the City of Federal Way computer network has had connections to other local area networks such as Valley Comm. King County, and the State via a fi.actional TI (up to 1.5 MBPS) phone line fi.om Qwest. The City also uses the same phone line to connect to the Internet through our Internet Service Provider (ISP) NW Nexus. Since 1998 King County (KC) has been developing an Institutional Network (I-Net) connecting various county, city, school, libraries and court buildings together over a fiber optic network installed by ATT (now Comcast). In addition to connecting government facilities, KC I-Net also provides a gateway to the Intemet. SERVICES AND COST: The current services (Fractional T1/up to 1.5 MBPS line with 3 private virtual connections to KC, Valley Corem, and NW Nexus) fi.om Qwest cost is approximately $450 per month plus a burstable TI connection to the ISP with a Class C, plus a fractional Class C IP address range (approx 274 IP addresses) from NW Nexus at $500 per month. Total current monthly charge is $950. KC-I-net agreement provides 6-20 MBPS connection to other agencies and 1.5 to 8 MBPS connection to Intemet with 56 IP addresses at $800 per month. The installation cost of $1995 is waved if the contract in signed within 60 days. TRANSITION PROCESS: The City computer network is identified by Internet Protocol (IP) addresses, therefore access to the City web site, City's e-mail post office and City's staff's access through various firewalls at KC, State and Valley corn are all based on the IP address of each system. The transition to KC I-Net will require new IP addresses for the City network. We have estimated about 40 hours of staff time, during one month to move from one network to another and some interruption in accessing these systems. TIME LINE: If approved by the Committee and the Council on June 17th, staff can complete the agreement with KC and start the transition process beginning of July 2003. AGREEMENT City staff in alliance with the City of Bellevue, Kirkland and Redmond have reviewed and improved the attached agreement with KC for I-Net services. Staff believes KC is able to provide the same data, voice, and video services at speeds much higher than the current bandwidth and at a lower cost. COMMITTEE ACTION: Forward the I-net agreement to the June 17t~ Council meeting and place it on consent agenda for approval. APPROVAL BY COMMITTEE: Com~ttee Member L-"I. --- '~ Com0~ttee Member Contract Between King County, Washington and City of Federal Way For Institutional Network Services CONTRACT NO. 04FEDERALWAY03 TABLE OF CONTENTS 1. Preface ................................................................................................................................................. 3 2. Recitals ................................................................................................................................................ 3 3. Definitions ........................................................................................................................................... 4 4. Use of the I-Net ................................................................................................................................... 4 5. Term of Contract ................................................................................................................................... 4 6. Notices .................................................................................................................................................. 4 6.1 Notices To County for Service Matters ........................................................................................ 4 6.2 Key Persons .................................................................................................................................. 5 7. Charges and Payment Procedures ........................................................................................................ 5 7. l Invoiced Charges .......................................................................................................................... 5 7.2 Installation and Monthly Fees ....................................................................................................... 5 7.3 Invoicing and Payment .................................................................................................................. 5 7.4 New Site Costs .............................................................................................................................. 5 7.5 Circuits: Types and Approvals ...................................................................................................... 5 7.5.1 Intra-Agency Circuits ....... ~ .................................................................................................... 5 7.5.2 Inter-Agency Circuits ............................................................................................................ 6 7.6 Initiation or Change Requests ...................................................................................................... 6 7.7 No Cost Changes .......................................................................................................................... 6 8. Reporting ............................................................................................................................................. 6 9. Sub-contracting .................................................................................................................................... 6 10. Insurance .......................................................................................................................................... 6 11.1 Limitation of Liability ................................................................................................................... 7 11.2 Survival ......................................................................................................................................... 7 12. Change Orders ................................................................................................................................. 7 13. Force Majeure .................................................................................................................................. 7 14. Severability ...................................................................................................................................... 7 15 Nondiscrimination ............................................................................................................................ 8 15.1 No Discrimination ......................................................................................................................... 8 16. Termination ...................................................................................................................................... 8 17. Applicable Law and Forum .............................................................................................................. 9 17.1 Dispute Resolution and Mediation ................................................................................................ 9 17.2 Mediation and Arbitration ............................................................................................................. 9 18. Services to be Provided by I-Net ..................................................................................................... 9 18.1 Handoff/Demarcation Points ......................................................................................................... 9 19. Service Levels ................................................................................................................................ 10 20. Services Not Provided by I-Net ..................................................................................................... ! 0 21. Service Requirements .................................................................................................................... 10 22. Security .......................................................................................................................................... 10 Attachment A - Site locations covered by this Contract, and Site Access Contact for each Site ............... 12 Attachment B - Connectivity Change Request Form .................................................................................. 13' Attachment C - Appropriate Use Policy ..................................................................................................... 15 Attachment D - Def'mitions ......................................................................................................................... 17 Attachment E - Key Persons ....................................................................................................................... 23 Attachment F - Termination ........................................................................................................................ 24 Attachment G - Service List ........................................................................................................................ 25 Attachment H - Service Levels ................................................................................................................... 28 Attachment H - Service Levels ................................................................................................................... 28 Attachment I - IP Address Space ............................................................................................................... 30 Attachment J - Evidence of Insurance Coverage ........................................................................................ 31 File save date: 5-15-03 Pg. 2 CONTRACT NO. 04FEDERALWAY03 This Contract, made this by and between King County, Washington (hereinafter "County") and City of Federal Way, with its principal place of business at 33530 1st Way South (hereinafter "Customer"), collectively the "Parties." 1. Preface This Contract includes these terms and conditions and the following attachments: Attachment A - Site locations covered by this Contract and Site Access Contact for each Site Attachment B - Connectivity Change Request Form Attachment C - Appropriate Use Policy Attachment D - Definitions Attachment E - Key Persons Attachment F - Termination Attachment G - Service List Attachment H - Service Levels Attachment I - IP Address Space Attachment J - Evidence of Insurance Coverage 2. Recitals WHEREAS, County has deployed the Institutional Network (hereinafter "l-Net"); and WHEREAS, the County offers I-Net services to municipal, county, school, library and other governmental and non-profit agencies; and WHEREAS, Customer wants to purchase I-Net services as defined below; and WHEREAS, the Customer agrees that it will use I-Net facilities and services solely for educational, public access, County and government communication purposes, and not for any for- profit commercial purposes by itself or third parties; and WHEREAS, the purpose of this Contract is to establish the contractual, service and support responsibilities between the County and the Customer. NOW, THEREFORE, in consideration of payments, covenants, and Contracts hereinafter mentioned, to be made and performed by the County and Customer (hereinafter "Parties"), the Parties covenant and do mutually agree as follows: File save date: 5-15-03 Pg. 3 CONTRACT NO. 04FEDERALWAY03 3. Definitions Words and terms shall be given their ordinary and usual meanings. Where used in the contract documents, the words and terms Contained in Attachment D - Definitions shall have the meanings indicated therein. The meanings shall be applicable to the singular, plural, masculine, feminine and neuter of the words and terms. 4. Use of the I-Net The I-Net services provided under this Contract are for the exclusive use of the Customer at the authorized Sites. Use of I-Net services by organizations other than those listed in Attachment A - Site locations covered by this Contract, and Site Access Contact for each Site must be approved in advance in writing by County. Allowing any other Site or agency to connect to or use I-Net services is a material breach of this Contract and may be cause to terminate service in whole or in part. Customers may use the I-Net solely for educational, public access, and County and government communication purposes and not for any for-profit commercial purposes. Contrary use could result in the County losing the right to use most of the fibers that make up the I-Net. Customer covenants that it will comply with this requirement, and will monitor and regulate the traffic content it transports on the network to ensure its compliance with this requirement. This requirement does not prevent the Customer from collecting fees to pay the direct costs of providing non-commercial services, such as fees for video class instruction or charges to recover the cost of special use equipment. See also, Attachment C - Appropriate Use Policy. Customer agrees that it shall not resell any of the services provided under this Contract without the County's prior written permission, and shall comply with Attachment C - Appropriate Use Policy. 5. Term of Contract This Contract is effective upon execution by both Parties, and shall remain in effect for the remainder of the calendar year in which it is signed. Thereafter, this Contract shall renew automatically from year to year for a term of three(3) unless either Party notifies the other in writing to terminate this Contract ninety (90) Days prior to the effective date of the termination, or the Parties agree in writing to a different termination date. 6. Notices Whenever this Contract provides for notice to be provided by one Party to another, such notice shall be in writing using the U.S. postal service, express mail, e-mail or via an accepted web interface. Any time within which a Party must take some action shall be computed from the date that said Party receives the written notice. 6.1 Notices To County for Service Matters Report I-Net Problems to: I-Net Network Operations Center (County) Voice: 206.263-7000 King County I-Net Operations Center th 700 5 Ave., Suite. 2300 Seattle, WA 98104 File save date: 5-15-03 Pg. 4 CONTRACT NO. 04FEDERALWAY03 e-mail: inet.operations~.metrokc.qov Network Operations Center Supervisor 206-263-4879 - Desk 206-399-7465 - Cellular e-mail: Karen.mark~,metrokc.qov 6.2 Key Persons County and Customer have identified the persons listed in Attachment E - Key Persons as essential to the successful completion of the tasks identified in this Contract. The roles and authority for each of these people shall be as defined in Attachment E. 7. Charges and Payment Procedures 7.1 Invoiced Charges A service cost summary applicable to Contract is provided in Attachment A - Site locations covered by this Contract, and Site Access Contact for each Site. I-Net charges will begin thirty (30) Days after this Contract is signed by both Parties. 7.2 Installation and Monthly Fees No sales tax will be collected. I-Net is a service. A table indicating Customer Sites, service levels and costs as provided by this Contract is shown in Attachment A - Site locations covered by this Contract, and Site Access Contact for each Site. 7.3 Invoicing and Payment Charges will be invoiced Monthly (12 invoice periods per year). Payment is due within 60 Days of receipt of invoice. Thereafter, interest will be charged at the rate of 1.5% per Month on the balance due. 7.4 New Site Costs Additional Sites may be added during the term of this Contract, upon execution of an amendment to this Contract. Upon request, the County will prepare a written estimate of the costs necessary to prepare, install and connect the new Site to the I-Net, and the service rate. See Attachment H - Service Levels for further information. All requests for new Site connectivity must come from the Primary Contact for the Customer. 7.5 Circuits: Types and Approvals 7.5.1 Intra-Agency Circuits Requests for Circuits where both ends are in Sites owned or controlled by the same Customer require only the approval of the Customer's Primary Contact. File save date: 5-15-03 Pg. 5 CONTRACT NO. 04FEDERALWAY03 7.5.2 Inter-Agency Circuits There are two potential types of inter-agency Circuits: · I-Net Site to I-Net Site Inter-Agency Connection requests require the approval of the Primary Contact at each Customer involved in the Circuit Connection. I-Net Site to External Aqency Connection requests between Customer and an External service Provider or organization must originate with the Customer. The County will facilitate the Connection between the two at the I-Net NAP (Network Access Point) in the Westin Building. 7.6 Initiation or Change Requests All requests for Circuit additions or changes must come from the Primary Contact for the Customer, and be on a signed Connectivity Change Request Form as provided in Attachment B - Connectivity Change Request Form, and on-line at the I-Net Web Site. The change request will be evaluated by the County to assess engineering issues, and to determine whether the change is a no-cost change under the Customer's contracted Service, or an additional cost' item. If it is an additional cost item, the additional costs must be separately approved in writing by the Customer's Primary Contact, and the associated costs will be added to the Customer's invoiced bill. 7.7 No Cost Changes Basic service options 1 and 2 include one Circuit Change per Site per year included in the Contract Price. A Circuit Change is defined as one that requires reprogramming only, with no equipment moves or adds. Additional changes will be charged at a rate to be determined based on the time necessary to implement the change request. The County will provide a written estimate of the cost of the change as part of the Change Order process. 8. Reporting The I-Net Network Operations Center will actively monitor the state of the network (e.g., alarms and errors, bandwidth utilization, and trending). Reports on the Customer's Circuits will be used as part of the annual Contract review. 9. Sub-contracting The County may sub-contract contract for some or all of the services covered by this Contract. 10. Insurance During the term of the Contract both Parties shall maintain Commercial General Liability insurance with limits of not less than $1 million combined single limit per occurrence, $2 million aggregate. The above policies shall cover or be endorsed to cover the other Party, its officers, officials, employees and agents as an additional insured. If either Party is a municipal corporation or an agency of the state of Washington and is self-insured or a member of the Washington Cities Insurance Corporation for any of the above insurance requirements, a certificate of self-insurance or a letter of coverage shall be attached hereto as Attachment J - Evidence of Insurance Coveraqe and be incorporated by reference and shall constitute compliance with this section. By File save date: 5~15-03 Pg. 6 CONTRACT NO. 04FEDERALWAY03 requiring such minimum insurance, neither Party shall be deemed or construed to have assessed the risks that may be applicable to the other Party under this Contract. Each Party shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. 11. Indemnification Each Party shall protect, defend, indemnify, and save harmless the other Party, its officers, · employees, and agents from any and all costs, claims, judgments, and/or awards of damages, for injuries to persons and/or damage to tangible property, arising out of or in any way resulting from each Party's own negligent acts or omissions associated with the I-Net services provided by the Contract to the extent each Party is liable for such acts or omissions. In the event the indemnified party incurs any costs including attorney fees to enforce the provisions of this paragraph, all such costs and fees shall be recoverable from the Indemnitor. 11.'1 Limitation of Liability Neither party will be liable for any indirect, incidental, special or consequential damages, including but not limited to lost data or profits, however arising, even if it has been advised of the possibility of such damages. 11.2 Survival The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to expiration or termination. 12. Change Orders Either Party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendment to this Contract. If any Change Order causes an increase or decrease in the price (fees) for, or the time required for, performance of any part of the Work under this Contract, the Parties shall agree to an equitable adjustment in the Contract Price, the delivery schedule, or both. The County shall be responsible for preparing all County- required documents associated with modifying the Contract to include the agreed upon Change Order. No written request, oral order, or conduct by the County will constitute a binding Change Order unless confirmed in writing by the Parties. 13. Force Majeure The term "force majeure" Shall include, without limitation by the following enumeration: acts of nature, acts of civil or military authorities, fire, accidents, shutdowns for purpose of emergency repairs, strikes and any other industrial, civil or public disturbances, causing the inability to perform the requirements of this Contract. If any Party is rendered unable, wholly or in part, by Act of Nature or any other cause not within such Party's reasonable control, to perform or comply with any obligation or condition of this Contract, upon giving notice and full particulars to the other Party, such obligation or condition Shall be suspended but only for the time and to the extent necessary to restore normal operations. 14. Severability Whenever possible, each provision of this Contract will be interpreted to be effective and valid under applicable law. If any provision is found to be invalid, illegal or unenforceable, then such provision or portion thereof Will be modified to the extent necessary to render it legal, valid and enforceable and have the intent and economic effect as close as possible to the invalid, illegal and File save date: 5-15-03 Pg. 7 CONTRACT NO. 04FEDERALWAY03 unenforceable provision. If it is not possible to modify the provision to render it legal, valid and enforceable, then the provision will be severed from the rest of this Contract and ignored. The invalidity, illegality or unenforceability of any provision will not affect the validity, legality or enforceability of any other provision of this Contract, which will remain valid and binding. 15 Nondiscrimination 15.'1 No Discrimination. 15.1.1 The Customer must comply with all applicable local, state and federal laws and regulations prohibiting discrimination, including without limitation, laws and regulations prohibiting discrimination in the provision of services or employment under this Contract. These laws include, but are not limited to, Titles VI and VII of the Civil Rights Act of 1964, as amended, Chapter 49.60 of the Revised Code of Washington, as amended, and Chapters 12.16 and 12.18 of the King County Code, as amended. If Customer engages in unfair employment practices as defined in King County Code Chapter 12.18, as amended, the remedies set forth in that Chapter, as amended shall apply. 15.1.2 The Customer is specifically prohibited from discriminating among persons or taking any retaliatory action against a person because of that person's exercise of any right it may have under federal, state, or local law, nor may the Customer require a person to waive such rights as a condition of taking service. 15.1.3 The Customer is specifically prohibited from denying access or levying different rates and charges on any individual or group because of the income of the residents of the local area in which such group resides. 15.1.4 To the extent the County may enforce such a requirement, the Customer is specifically prohibited from discriminating in its rates or charges or from granting undue preferences to any individual or group. 15.1.5 During the performance of this Contract, neither Customer nor any party subcontracting under the authority of this Contract shall discriminate on the basis of age, ancestry, creed, color, marital status, national origin, race, religion, sex, sexual orientation, or presence of any mental, physical or sensory handicap against any employee or applicant for employment, unless based on a bona fide occupational qualification, or in the administration or delivery of services or any other benefit under this Contract. 15.1.6 During the term of this Contract, the Customer shall not create barriers to open and fair opportunities to participate in the use of these services., and shall not discriminate against any person on the basis of race, color, creed, religion, sex, age, nationality, marital status, sexual orientation or the presence of any mental or physical disability in an otherwise qualified disabled person. 15.1.7 Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of contract for which the Customer may be subject to damages and sanctions provided for by contract and by applicable law. 16. Termination This Contract may be terminated only in accordance with the provisions of Attachment F - Termination. File save date: 5-15-03 Pg. 8 CONTRACT NO. 04FEDERALWAY03 17. Applicable Law and Forum Except as hereinafter specifically provided, this Contract shall be governed by and construed according to the laws of the State of Washington. Any suit arising herefrom shall be brought in King County Supedor Court, which shall have sole and exclusive jurisdiction and venue. The Parties shall comply with all local, state and federal laws and regulations applicable to this Contract. 17.1 Dispute Resolution and Mediation The Parties to this Contract may seek to resolve disputes pursuant to mediation as set forth herein, but are not required to do so. Nothing in this Subsection precludes any Party from seeking relief from the King County Superior Court. Disputes. In the event that a dispute arises between the Parties which cannot be resolved in the normal course, the following dispute resolution procedures shall be followed: A. If a dispute arises, then (i) within ten (10) business days of a wdtten request by either Party, County's Project Manager and Customer's Site Manager shall meet and resolve the issue; if these Parties cannot resolve the issue within ten (10) business days of the meeting, then (ii) the isSue shall be submitted to each Party's designated information systems manager; if these Parties cannot resolve the issue within fifteen (15) business days of submission to them, then (iii) the issue shall be submitted for resolution to the King County Director of Information and Administrative Services and Customer's business contact. 17.2 Mediation and Arbitration Nothing in this paragraph precludes any Party from seeking relief from King County Superior Court. If a dispute arises out of or relates to this Contract, or the breach thereof, and if said dispute cannot be settled through direct discussions, the Parties agree to first endeavor to settle the dispute in an amicable manner by mediation. Thereafter, any unresolved controversy or claim arising out of or relating to this Contract, or breach thereof, may be settled by arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The Parties to this Contract may seek to resolve disputes pursuant to mediation or arbitration, but are not required to do so. 18. Services to be Provided by I-Net The specific services applicable to this Contract are listed in Attachment A - Site locations covered by this Contract, and Site Access Contact for each Site. The Parties shall conduct an annual joint review to determine if the services provided meet the Customer's needs, and whether modifications or changes in service levels should be made. The services shall be selected from the Service List contained in Attachment G - Service List. 18.1 HandofflDemarcation Points The Handoff or Demarcation Points for each of the Customer's Site subject to this Contract are defined and listed in Attachment A - Site locations covered by this Contract, and Site Access Contact for each Site. File save date: 5-15-03 Pg. 9 CONTRACT NO. 04FEDERALWAY03 '19. Service Levels Service levels and corresponding prices shall be provided in accordance with Attachment H - Service Levels. Procedures for reporting and handling problems are also contained in that attachment. 20. Services Not Provided by I-Net The following services are not covered by this Contract: · Applications development or support. · Customer LAN or desktop support services. · Telephone support for users not named in this contract. · Other non-transport Customer network design or support on the Customer side of the I- Net Demarcation Point. 21. Service Requirements The Customer agrees it will complete the items listed below throughout the contract at no cost to the County. Failure to do so shall be grounds for and may result in the termination of I-Net service or delay in the County's installation. Provide the County with any contact person changes within five (5) Days of the change. Failure to keep the Contact information current may result in delays in processing of service requests. Provide County with access to the Sites. Provide, at no cost to the County, sufficient rack or wall space, sufficient cooling to maintain a temperature no greater than 80 degrees Fahrenheit, and one 20-amp isolated ground electrical circuit. Keep the area around the I-Net equipment locked, dry, clean, and free of obstructions to facilitate airflow and protect the equipment investment. Notify County of any damage or other apparent problems with the equipment or fibers. Keep the I-Net equipment in the place where the County has installed it, and not move or alter the equipment in any way without the written permission of The County. 22. Security The Customer shall ensure that all I-Net Hubs are located inside secure, limited access facilities, providing a high level of physical security. The Circuit-oriented nature of an ATM network inherently provides a high level of data integrity. Physical security of the I-Net racks and cabinets located at the Customer's Sites will be the responsibility of the Customer. The Customer is responsible for securing its computer resources attached to the I-Net against all unauthorized access or usage. The County requires the installation of security measures as a condition of starting or continuing to receive I-Net Service, and may change those requirements from time to time. A Security Policy for King County data networks and applications is being developed by ITS. County will incorporate this policy into its network security procedures when it is available. File save date: 5-15-03 Pg. 10 CONTRACT NO. 04FEDERALWAY03 23. Entire Agreement This Contract comains all of the agreements of the parties with respect to any matter covered or mentioned in this Contract. This Contract shall be binding upon and inure to benefit of the Parties' successors in interest and assigns. Failure of either Party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. 1N WITNESS, THEREOF, the Parties have executed this Comract. KING COUNTY CITY OF FEDERAL WAY King County Execmive City Manager (Date) (Date) Approved as to form only by: Approved as to form only by: King County Deputy Prosecuting Attorney Attorney (Date) (Date) File save date: 5-15-03 Pg. 11 CONTRACT NO. 04FEDERALWAY03 ATTACHMENT A-Site locations covered by this Contract, and Site Access Contact for each Site All Site and contact data will be kept in a database maintained by I-Net Operations. Customer agencies shall report changes in contact personnel or location data to the I-Net Operations Center. The table below Site ID (number), name, address, city, contact, Hub, Demarcation Point, equipment owner, services and Monthly cost for each Site covered under this contract. Ci of Federal Way CONTRACT: 04FEDERALWAY03 NON-RECURRING Cost per site # of sites Installation Fee(s)a $1,995 1 Site Provisioning (if needed) $15,000 0 TOTAL NON- RECURRING: Total Installation Costs $1,995.00 $0.00 $1,995.00 MONTHLY RECURRING ID Site Name Street City Hub Site Access Contact Demarcation Point Equipment Owner Service Additional Services 28 IP addresses Included Additional Services 28 IP addresses ;50.00 Monthly Cosl ;750.00 MONTHLY TOTAL: $ 800.00 Note: Installation fee(s) waived if contract is signed within 60 days from the time Customer receives the final contract documents from the County for their signature. File save date: 5-15-03 Pg. 12 CONTRACT NO. 04FEDERALWAY03 Attachment B - Connectivity Change Request Form Please see: Paragraph 7. 6 Initiation or Change Requests. Connectivity Change Request Form is on the following page. File save date: 5-15-03 Pg. 13 CONTRACT NO. 04FEDERALWAY03 Date of Request: I-Net Connectivity Change Request Form Customer Agency: Requestor's Name: Please indicate if you are the Primary or Backup Contact for this Agency: 13 Primary Contact 13 Backup Contact Please provide a brief description of the request: Sites involved in change (please include site name and address, 1-Net site number if known): Duration of Change (permanent, or if temporary please state duration dates): Permanent 13 Temporary · Duration (for temporary changes): Note: All change requests must be submitted by either the Customer Agency's Primary or Backup Contact and will be implemented per the terms of their I-Net Contract. File save date: 5-15-03 Pg. 14 CONTRACT NO. 04FEDERALWAY03 Attachment C -Appropriate Use Policy IMPORTANT: The County's aflreements with Comcast Corporation prohibits the County from buildinq or runninq a cable television network or any commercial for-profit endeavor over the fiber optic cable. The restrictions in the franchises flow down and apply to the Customer. The County has formulated this Acceptable Use Policy (Policy) for the purposes of furthering the responsible use of the I-Net and to enabling Users to receive reliable, high quality services. In General. I-Net must be used solely for lawful and intended purposes. No one shall Use or aid anyone else in Using it to transmit, distribute or store material: (1) in violation of any applicable law or regulation, including export or encryption laws or regulations, or this Policy; or (2) that may expose the County to criminal or civil liability. Customers and Users are further prohibited from assisting any other person in violating any part of this Policy. Any Customer or User the County determines has violated any element of this Policy may be subject to a temporary or permanent suspension of service, including, if the County deems it necessary, immediate suspension or termination of such Customer's or User's service without notice. The County may take such further action as it deems appropriate under the circumstances to eliminate or preclude repeat violations. The Customer will protect, defend and indemnify the County from any liability whatsoever arising out of any violation of the Appropriate Use of the I-Net and the County shall not be liable for any damages of any nature suffered by any Customer, User, or any third party. Responsibility for Content. The County takes no responsibility for any material created or accessible on or through the I-Net. No user or customer should hold an expectation of privacy with respect to any matter transmitted over or by the I-Net. By entering into this contract with King County, Customer acknowledges and accepts the absence of privacy in transmitting or using the I-Net. The County may monitor the I- Net traffic for maintenance or repair or to determine usage of the I-Net. The County does not plan to exercise any editorial control over material transmitted over or by the I-Net, but reserves the right to do so consistent with applicable laws. If the County becomes aware that any material may violate this Policy, the County reserves the right to block access to such material and to suspend or terminate any User or Customer creating, storing or disseminating such material. The County further reserves the right to cooperate with cable system representatives, legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of any User or Customer. Impermissible Content. Customers and Users shall not Use I-Net to transmit or distribute material not permitted under the County's franchise Contracts, permits, or other Contracts with or grants to cable television or communications companies. Customers and Users shall not Use I-Net to transmit or distribute unlawful material or information containing fraudulent material, or to make any offer containing unlawful, false, deceptive, or misleading statements, claims, or representations. In addition, Customers and Users are prohibited from submitting any unlawful, false or inaccurate information regarding I-Net's use to the County or any other Person. Customers and Users shall not Use I-Net to transmit, distribute or store material that is unlawful, including but not limited to material that is indecent, obscene, pornographic defamatory, libelous, File save date: 5-15-03 Pg. 15 CONTRACT NO. 04FEDERALWAY03 or not Constitutionally protected. The Parties agree that law enforcement may intentionally receive and store information or materials that may be indecent, obscene, pornographic, defamatory or libelous. Such use by law enforcement, as part of its law enforcement activities shall not be considered a violation of this Appropriate Use Policy. Customers and Users shall not use material in any unlawful manner that would infringe, violate, dilute or misappropriate any Person's protection under privacy, publicity, or other personal rights or intellectual property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. The use of a domain name in connection with any of the I-Net services, shall not violate the trademark, service mark, or similar rights of any third party. Customers and Users shall not Use I-Net to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to the I-Net, to any other network or equipment, or to other Customers or Users. Third Party Rules; Usenet. Customers and Users may have access through I-Net to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that promulgate rules, guidelines or Contracts to govern their use. Users must adhere to any such rules, guidelines, or Contracts. Users who post messages to Usenet news groups are responsible for becoming familiar with any written charter or FAQ governing use of such news groups and complying therewith. System and Network Security. The Parties and Users shall not Use I-Net to violate or attempt to violate the security of any Person or network, including, without limitation, (a) accessing data not intended for County, Customer or User or logging into a server or account which County, Customer or User is not authorized to access, (b) impersonating County or City personnel, (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing", "denial of service" attacks or "crashing" without proper authorization (e) forging any TCP/IP packet header or any part of the header information in any e-mail or news group posting, (f) taking any action in order to obtain services to which such Customer or User is not entitled, or (g) attempting to utilize another Customer's or User's account name or persona without that Person's authorization. Customers and Users are also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for I-Net services. Security violations may result in civil or criminal liability. The County will investigate occurrences which may include such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Customers and Users who are involved in such violations. Modification. The County reserves the right to modify this Acceptable Use Policy in its discretion at any time. Such modifications will be effective when the Customer receives notice from the County. File save date: 5-15-03 Pg. 16 CONTRACT NO. 04FEDERALWAY03 Attachment D - Definitions ASP or Application Service Provider A business that allows another organization to use, lease, or license a Web-based service or application which is hosted and/or managed by the business at an outside facility rather than at the organization's facility. ATM Asynchronous Transfer Mode: A very high-speed transmission technology. ATM is a high bandwidth, Iow-delay Connection-oriented packet-like switching and multiplexing technique. Usable capacity is segmented into 53-byte fixed-size cells, consisting of header and information fields, allocated to services on demand. AUP Acceptable Use Policy: The rules for running on the network. Broadband A WAN term. A transmission facility providing bandwidth greater than 45 Mbps (T3). Broadband systems generally are fiber optic in nature. Call A Call is an association between two or more users or between a user and a network entity that is established by the use of network capabilities. This association may have zero or more Connections. Circuit A point-to-point (Site-to-Site) ATM link, with defined operational characteristics. It may include various virtual Circuit types including T-l, TLS, or PVC. CLR or Cell Loss Ratio A negotiated QoS parameter wherein acceptable values are network specific. The objective is to minimize CLR provided the end-system adapts the traffic to the changing ATM layer transfer characteristics. The Cell Loss Ratio is defined for a Connection as: Lost Cells/Total Transmitted Cells. The CLR parameter is the value of CLR that the network agrees to offer as an objective over the lifetime of the Connection. It is expressed as an order of magnitude, having a range of 10-1 to 10-15 and unspecified. Connection An ATM Connection consists of concatenation of ATM Layer links in order to provide an end-to- end information transfer capability to access points. In switched virtual Connection (SVC) environments the LAN Emulation Management entities set up Connections between each other using UNI signaling. Connectionless Refers to ability of existing LANs to send data without previously establishing Connections. CTD Cell Transfer Delay: This is defined as the elapsed time between a cell exit event at the measurement point I (e.g., at the source UNI) and the corresponding cell entry event at measurement point 2 (e.g., the destination UNI) for a particular Connection. The cell transfer delay between two measurement points is the sum of the total inter-ATM node transmission delay and the total ATM node processing delay. Customer or Customer Agency File save date: 5-15-03 Pg. 17 CONTRACT NO. 04FEDERALWAY03 A municipality, school district, college or other governmental or non-profit agency that is a participant in the King County Institutional Network. See Attachment A - Site locations covered by this Contract, and Site Access Contact for each Site for the specific Site locations included in this Contract. Dark Fiber Access In some cases, Customer may be offered Dark Fiber Access for Sites that connect to a single Hub. Only Customers with at least one Basic service Site (service under paragraphs la or lb of Attachment G) through a Comcast Hub will be eligible to acquire a right to access Dark Fiber through that Hub. A design Will be developed for each Hub and the Dark Fiber access requested. Both the Customer and County shall approve this design in writing and it must be included on ATTACHMENT A--SITE LOCATIONS COVERED BY THIS CONTRACT, AND SITE ACCESS CONTACT FOR EACH SITE before the County begins any work to provide Dark Fiber Access. Day Calendar Day unless otherwise specified. Demarcation Point The point of interconnection between the County's I-Net fibers or Hardware and the Customer's fibers or Hardware. DNS or Domain Name Services Services which convert domain names into IP addresses. DS-0 Digital Signal, Level 0: The 64 kbps rate that is the basic building block for both the North American and European digital hierarchies; a worldwide standard. DS-1 Digital Signal, Level 1: The North American Digital Hierarchy signaling standard for transmission at 1.544 Mbps. This standard supports 24 simultaneous DS-0 signals. The term is often used interchangeably with T1 carrier although DS-1 signals may be exchanged over other transmission systems. External Agency An organization or ASP that is not a member of the Institutional Network, but that an I-Net Customer has requested Connection to via the I-Net NAP. Fee Basis A service is provided on a Fee Basis if there is a charge, whether in money, in-kind service, or otherwise, to those using the service or application. Customers using I-Net transport to charge other agencies will be charged a fee. Handoff Point The point in the Site where the ownership or control of the fibers or Equipment changes from the Site owner or Customer to the I-Net. Hardware The actual physical computing machinery, including the Firmware which is combination Hardware/Software that is "burned into" a Programmable Read Only Memory chip or chips as opposed to Software. An Integrated Access Device is an example of Hardware. Hub A switching location on Comcast's primary ring or one of its secondary rings. I-Net File save date: 5-15-03 Pg. 18 CONTRACT NO. 04FEDERALWAY03 The King County Institutional Network, a fiber optic based transport network shared by municipal, county, school, library and other governmental and non-profit agencies in for the purpose of supporting voice, video and data communication among the participants. Integrated Access Device or lAD A physical device which is capable of forwarding packets between legacy interworking interfaces (e.g., Ethernet, Token Ring, T-l, etc.) and ATM interfaces based on data-link and network layer information but which does not participate in the running of any network layer routing protocol. An Integrated Access Device obtains forwarding descriptions using the route distribution protocol. IP Internet Protocol: Part of the TCP/IP family of protocols describing Software that tracks the Internet address of nodes, routes outgoing messages, and recognizes incoming messages. ISP Internet Service Provider. ITS or Information and Telecommunications Services A division of the Department of Information and Administrative Services within King County government. King County King County, Washington. A political subdivision of the State of Washington. LAN Local Area Network: A network designed to move data between stations within a campus. MAN Metropolitan Area Network: A network designed to carry data over an area larger than a campus such as an entire city and its outlying area. Mbps Million bits per second. MMF Multimode Fiber optic Cable: Fiber optic cable in which the signal or light propagates in multiple modes or paths. Since these paths may have varying lengths, a transmitted pulse of light may be received at different times and smeared to the point that pulses may interfere with surrounding pulses. This may cause the signal to be difficult or impossible to receive. This pulse dispersion sometimes limits the distance over which a MMF link can operate. Month The period commencing on the first calendar Day of a calendar Month and ending on and including the last Day of that calendar Month. Multicasting The transmit operation of a single PDU by a source interface where the PDU reaches a group of one or more destinations. Multipoint-to-Multipoint Connection A Multipoint-to-Multipoint Connection is a collection of associated ATM VC or VP links, and their associated nodes, with the following properties: All Nodes in the Connection, called endpoints, serve as a Root Node in a Point-to-Multipoint Connection to all of the (N-l) remaining endpoints. File save date: 5-15-03 Pg. 19 CONTRACT NO. 04FEDERALWAY03 Each of the endpoints on the Connection can send information directly to any other endpoint, but the receiving endpoint cannot distinguish which of the endpoints is sending information without additional (e.g., higher layer) information. NAP Network Access Point. The County's NAP is in the Westin Building in Downtown Seattle. NMS or Network Management System A system of Hardware and Software that implements functions at the Network Management Layer or Element Management Layer functions and is used to monitor, control and manage the County's INET Network. A NMS may manage one or more other Network Management Systems. NOC or Network Operations Center The administrative group within King County charged with the Day-to-Day operation of the I-Net. OSI Open Systems Interconnect. A network model developed by the International Standards Organization. PBX Private Branch eXchange: PBX is the term given to a device which provides private local voice switching and voice-related services within the private network. A PBX could have an ATM APl to utilize ATM services, for example Circuit Emulation Service. Pilot Phase A period of I-Net installation and Testing before the I-Net moves to full operations. Customers are not required to pay for services during this period but still must pay other charges, if any. The Pilot Phase begins Q1 2001 and ends Q2 2001. Point-to-Point Connection A Connection with only two endpoints. PRI Primary Rate Interface: An ISDN standard for provisioning of 1.544 Mbit/s (DS1 - North America, Japan, et al) or 2.048 Mbit/s (El - Europe) ISDN services. DS1 is 23 "B" channels of 64 kbit/s each and one signaling "D" channel of 64 kbit/s/E1 is 30 "B" channels of 64 kbit/s each and one signaling "D" channel of 64 kbit/s. Provider King County Institutional Network (I-Net), as managed and operated by King County Information and Telecommunications Services I-Net Operations Section. PVC or Permanent Virtual Circuit A link with a static route defined in advance, usually by manual setup. QoS Quality of Service: Quality of Service is defined on an end-to-end basis in terms of the following attributes of the end-to-end ATM Connection: Cell Loss Ratio Cell Transfer Delay Cell Delay Variation Rate Card The list of rates and charges for the provision of I-Net services. Router File save date: 5-15-03 Pg. 20 CONTRACT NO. 04FEDERALWAY03 A physical device that is capable of forwarding packets based on network layer information and that also participates in running one or more network layer routing protocols. Shall or Will Whenever used to stipulate anything, Shall or Will means that the action or inaction is mandatory by either the Customer or the County, as applicable, and means that the Customer or the County, as applicable, has thereby entered into a covenant with the other Party to do or perform the same. Site A single building or location. Each Site is counted as a unit for purposes of the Customer's Use Charge. SM or Single Mode Fiber Fiber optic cable in which the signal or light propagates in a Single Mode or path. Since all light follows the same path or travels the same distance, a transmitted pulse is not dispersed and does not interfere with adjacent pulses. SM fibers can support longer distances and are limited mainly by the amount of attenuation. Refer to MMF. Software All or any portion of the binary computer programs and enhancements thereto, including source code, localized versions of the binary computer programs and enhancements thereto, including source code and documentation residing on County-owned Hardware. Software is the list of instructions to operate the Hardware. SVC Switched Virtual Cimuit: A Connection established via signaling. The user defines the endpoints when the Call is initiated. T-1 A dedicated phone Connection supporting data rates of 1.544Mbits per second. A T-1 line actually consists of 24 individual or DSO's, each of which supports 64Kbits per second. Each 64Kbit/second channel can be configured to carry voice or data traffic. Most telephone companies allow you to buy just some of these individual channels, known as fractional T-1 access. T-1 lines are sometimes referred to as DS1 lines. Testing The process of ensuring the fiber, in the case of Dark Fiber Access, and the equipment and fiber, in the case of any other service, provides the services described in this Contract. TLS or Transparent LAN Service A service providing for the interconnection of LANs over I-Net in native mode. UNI User-Network Interface: Specifications for the procedures and protocols between user equipment and either an ATM or Frame Relay network. The UNI is the physical, electrical and functional Demarcation Point between the user and the public network service Provider. Use Charge The amount the Customer owes for receipt of I-Net services. A Use Charge may include both Monthly and non-Monthly costs. User An employee, client, or other person accessing the network or using I-Net services at a facility controlled by a Customer. WAN File save date: 5-15-03 Pg. 21 CONTRACT NO. 04FEDERALWAY03 Wide Area Network: This is a network which spans a large geographic area relative to office and campus environment of LAN (Local Area Network). WAN is characterized by having much greater transfer delays due to laws of physics. File save date: 5-15-03 Pg. 22 CONTRACT NO. 04FEDERALWAY03 Attachment E - Key Persons The Primary Contact and the Backup Contact listed below shall have authority, on behalf of the Customer to request and approve all network Connections to other I-Net agencies or external agencies and to add, delete or modify services and Sites, including both cost and no-cost changes. The Backup Contact is granted complete authority in the absence of the Primary Contact. All change requests must come from and be signed by either the Primary Contact or the Backup Contact listed below, and no changes can be made to the Customer's Circuit configuration without a prior written request approval. The Customer shall provide updated written information to the County within five (5) business days should this contact change. The Technical Contact will be the lead on all technical and troubleshooting issues regarding I-Net transport services. The Customer shall provide updated information to the County within five (5) business days should this contact change. The Site Access Contact will provide physical acceSs to the I-Net equipment at an individual Site. These contacts are listed in Attachment A - Site locations covered by this Contract, and Site Access Contact for each Site, the Site location listing. The Customer shall provide updated information to the County within five (5) business days should this contact change. COUNTY CUSTOMER Primary Contact Name: Betty Richardson Title: Network and Systems Manager Address: 700 Fifth Avenue, Suite 2300 Seattle, WA 98104 Phone: 206-296~0608 E-mail: betty. Richardson@metrokc.gov Back up Contact Name: Walt Yeager Primary Contact Name: Mehdi Sadri Title: Information Systems Manager Address: City of Federal Way PO Box 9718 33530 Ist Way South Federal Way, WA 98063 Phone: 253 661 4098 E-mail: Mehdi. Sadri@ci. federal-way, wa. us Back up Contact Name: Brian Pearson Title: Marketing Manager Address: 700 Fifth Avenue, Suite 2300 Seattle, WA 98104 Phone: 206-263-4814 E-mail: walt.yeager@metrokc.gov Title: IS Supervisor PO Box 9718 33530 1st Way South Federal Way, WA 98063 Phone: 253 661 4088 E-mail: Brian. Pearson@cl. federal-way, wa. us Technical Contact Name: Karen Mark Phone: ~Co Tech Phone>> E-mail: Karen.mark@metrokc.gov Technical Contact Name: Brian Pearson IS Supervisor Phone: 253 661 4088 E-mail: Brian. Pearson~ci. federal-way, wa. us Site Access Contact Name: Brian Pearson Phone: 253 661 4088 E-mail: Brian. Pearson~ci. federal-way, wa. us File save date: 5-15-03 Pg. 23 CONTRACT NO. 04FEDERALWAY03 Attachment F - Termination This Contract may be terminated by either Party without cause, in whole or in part, upon providing the other Party ninety (90) Days advance written notice of the termination. If the contract is terminated pursuant to this paragraph 1: (1) the Customer will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (2) the County shall be released from any obligation to provide further services pursuant to the contract. Either Party may terminate this Contract, in whole or in part, upon thirty (30) Days advance written notice in the event: (1) a corrective action plan has not been accepted by the non-breaching Party within thirty (30) Days; (2) the other Party materially breaches any duty, obligation, or services required pursuant to this Contract which can not be cured; (3) the duties, obligations, or services required herein become impossible, illegal, or not feasible or (4) the Parties have agreed to a corrective action plan and the breaching Party has not commanded or completed corrective action as specified in the plan. If the termination results from acts or omissions of the Customer, including but not limited to, damage to fiber optic lines or to County-owned equipment, or the failure to pay amounts due, the Customer shall return to the County immediately any County-owned equipment and pay all amounts due to the County, including replacement, e.g. costs for fiber and equipment damaged as a result of the breach. If expected or actual Customer or County funding is withdrawn, reduced or limited in any way prior to the termination date set forth above or in any amendment hereto, the Party without funding may, upon written notice to the other Party, terminate this Contract, in whole or in part, as of the time funding will not be available. Either Party shall provide the other Party at least ninety (90) days notice of termination for non-appropriation. If the Contract is terminated pursuant to this Section, paragraph 3: (1) the Customer will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (2) the County shall be released from any obligation to provide further services pursuant to the contract. County funding under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in this Contract. Should such an appropriation not be approved, this Contract will terminate at the close of the current appropriation year. Hothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either Party may have in the event that the obligations, terms and conditions set forth in this Contract are breached by the other Party. File save date: 5-15-03 Pg. 24 CONTRACT NO. 04FEDERALWAY03 Attachment G - Service List 1. Basic 1-Net Service Basic I-Net Service at a Site includes the following: Initial configuration and installation of County equipment and service, including customization of Cimuits. All County-installed equipment whether at a Customer's Site or not, remains the sole property of the County. One (1) I-Net Basic Service package; Customer may select either Option I or Option 2 as described in Section 18. Services to be provided by I-Net. Attachment A - Site locations covered by this Contract and Site Access Contact for each Site lists Sites covered in this Contract. · One (1) change or reconfigure per service (e.g., T-l, TLS) per year at no cost. See Section 7.7 No Cost Changes for further details. · 7 x 24 support. The Customer will be able to call the I-Net NOC for technical support or to initiate a trouble ticket at any hour of the day or night. County engineers will work with the Customer's Technical Contact to design the Circuits and provisioning for the Customer's Sites. Typically the device installed at a Site will be an Integrated Access Device providing a 10/100 Mbps Ethernet Connection; T-1 interfaces will be available on the same Integrated Access Device. All installed Equipment remains the sole property of the County. In some cases a Customer will prefer to connect to the I-Net using its own ATM-aware Hardware. These exceptions will be factored into the Customer's Circuit topology design. Such devices will be owned and supported by the Customer Agency, not I-Net Operations. Customers will initially have to purchase and install an ATM OC-3 Single Mode intermediate reach interface in its equipment (e.g., PBX, router) if not already available. l.a Basic Service Option 1 The following table describes Basic Service Option I available from I-Net. SERVICE INCLUDED IN SERVICE BANDWIDTH BURST USAGE NAME BASIC DESCRIPTION COMMITTED (Mbps) SERVICE (Mbps) TLS 2 Circuit ends Bridged Ethernet 6 20 ~etween any two I-Net Circuits Sites within a single Customer Agency T1 Circuits 2 Circuit ends DS1 point-to- 1.5 N/A Initially may be used to point, or point-to- replace existing T1 multi-point voice (or data) lines (structured) between I-Net Sites. An example would be tying central PBX systems to key systems at remote File save date: 5-15-03 Pg. 25 CONTRACT NO. 04FEDERALWAY03 Sites. INAP I Connection IP Network 1.5 8 per participant; Access Point; for I more per interchange each among I-Net additional 5 I- Customers and Net Sites. between I-Net and Dark fiber is ASP/ISP, etc. not included in Counts as a this count. Circuit end. Basic Internet 1 Connection Data, DNS, n_9_o Service plus backup POP3 service (via INAP Connections in previous Section) per Customer A[lenc¥ 1.b. Basic Service Option 2 The following table describes Basic Service Option 2 available from I-Net. ISERVICE INCLUDED IN SERVICE BANDWIDTHCO BURST USAGE NAME BASIC DESCRIPTION MMITTED (Mbps) SERVICE (Mbps) ATM UNI Alternate ATM OC3 delivered on 6 20 At a central Hub for Basic SM Fiber may be used in larger I-Net place of the basic participating agencies TLS/2xT1 Package. I- - as the Connection Net will support point between I-Net bandwidth and Circuits and the internal data equivalent to the Basic (and voice) networks. package on this interface. The ATM equipment must provide an OC3 Single Mode intermediate reach fiber interface, and must support the ATM UNI standard. INAP 1 Connection IP Network Access 1.5 8 per participant; Point; for interchange I more per among I-Net Customers each and between I-Net and additional 5 I- ASP/ISP, etc. Counts as Net Sites. a Circuit end. Dark fiber is not included in this count. Basic 1 Connection Data, DNS Internet plus backup File save date: 5-15-03 Pg. 26 CONTRACT NO. 04FEDERALWAY03 Service (via INAP Connections in previous Section) per Customer Agency e Dark Fiber Access In some cases, Customer may be offered Dark Fiber Access for Sites that connect to a single Hub. Only Customers with at least one Basic Service Site (service under paragraphs la or lb of Attachment G) through a Comcast Hub will be eligible to acquire a right to access Dark Fiber through that Hub. A design will be developed for each Hub and the Dark Fiber Access requested. Both the Customer and County shall approve this design in writing and it must be included on ATTACHMENT A--SITE LOCATIONS COVERED BY THIS CONTRACT, AND SITE ACCESS CONTACT FOR EACH SITE before the County begins any work to provide Dark Fiber Access. File save date: 5-15-03 Pg. 27 CONTRACT NO. 04FEDERALWAY03 Attachment H - Service Levels 1. Network Latency The end-to-end network latency will not be greater than 3 milliseconds. 2. System Availability Customer Circuits will be up and operating satisfactorily at least 99.9%, as measured over each billing period, not including in this calculation scheduled maintenance time. 3. Maintenance Window Regularly scheduled maintenance is maintenance means upgrades and non-emergency repairs that are not the result of an emergency. Scheduled maintenance procedures may be performed on Sunday mornings between 6:00a.m. and 9:00a.m. Notice will be given to Customer of planned network outages when such an outage will affect Customer. An I-Net Outage Notification list, comprised of Customers designated Technical Contact, will be maintained for this purpose. The County will notify Customer of scheduled outages at least seventy-two (72) hours in advance. The County will endeavor to notify Customer of emergency outages as soon as possible. 4. Reliability The I-Net network core is a redundant, self-healing network. Recovery due to a network break in the primary ring should be not greater than three (3) seconds under worst case conditions, with detection and rerouting typically occurring in approximately one (1) second. 5. Problem Reporting and Escalation Procedure · End users will initially report problems to their agency's Information Technology (IT) organizations per their existing internal policies. · The Customer's IT personnel shall troubleshoot the problem to eliminate application, user platform or other potential problem sources within its internal network. · If Customer then believes it is an I-Net Circuit problem, the Customer's designated Technical Contact(s) shall contact the I-Net Network Operations Center. · A work order (trouble ticket) will be created based on the trouble call, and the I-Net troubleshooting process and time clock will begin. I-Net Operations will provide a Problem Reporting and Escalation Procedure to the Customer, and provide the Customer with progress and status information on trouble calls. The Customer should receive an initial callback regarding the status of the problem within thirty (30) minutes of the initial trouble report. Problem Escalation I-Net Operations will attempt to resolve most problems within 2 hours of the problem report initially being logged and a trouble ticket being generated. The NOC will notify the Customer regarding the status of the reported problem, and the estimated time to repair completion. · If, after 2 additional hours, the problem has not been resolved (within the parameters of the support window and problem severity), the Customer may contact the I-Net File save date: 5-15-03 Pg. 28 CONTRACT NO. 04FEDERALWAY03 Operations Manager to escalate the problem priority. At this point, the Operations Manager will assess the situation, escalate the trouble ticket's priority as necessary, and provide a best estimate of time to repair completion. 7. Additional Service Charge If an I-Net technician is required to visit a Site to repair or troubleshoot a problem, Customer may be charged for this service. There will be no charge if the problem necessitating the visit is due to a failure with the County's equipment or network that was not the result of Customer activity, or is caused by the County. In all other situations, Customer will be charged for the visit. The charge for this service will be $150 per hour, including travel time, with a minimum 2-hour charge. This charge will be added to the monthly invoice. 8. New Service For Sites already receiving I-Net service, the County will add new services requiring only a Software change within ten (10) Days from the receipt of a written request for the additional service from the Customer and I-Net engineering approval of the change. Services requiring Hardware changes will be scheduled with the Customer. For locations not receiving I-Net service, the County's ability to provide requested service will be dependent upon the availability of existing fiber provisioning to the Site and of the required network equipment. It will also depend on design integration with the Customer's other existing Sites on the I-Net. This design will require the participation of both Parties. The County will add service to a new Site where minimal facilities engineering and provisioning tasks are required within sixty (60) Days from receipt of a written request for the service from the Customer's Primary Contact. When more than minimal facilities engineering and provisioning tasks are required, the installation of service will be scheduled with the Customer. After execution of this Contract by both Parties, the Customer must pay the full costs of new fiber design and construction required for the possible addition of a Site. Any Sites added after March 1, 2001 - and which have not already been designated as a build - will be required to pay fees to help defray the cost of equipment for the Site, as well as paying the full costs of the new fiber design and construction required for the possible addition of the Site. 9. Circuit Changes All requests for Circuit additions or changes shall be in writing from the Customer. A Connectivity Change Request Form is provided in Attachment B - Connectivity Change Request Form, and will be available on-line at the I-Net Web Site as well. The Change Request will be evaluated to assess engineering issues, and to determine whether the change is a no-cost change or is an additional cost item under this Contract. If it is an additional cost item, it must be approved in writing by the Customer and the cost will be added to the invoiced bill. The County will provision new ATM Circuits within ten (10) Days of receipt of a signed change request order and I- Net engineering approval of the change. See also Section 7. 5 Circuits: Types and Approvals. File save date: 5-15-03 Pg. 29 CONTRACT NO. 04FEDERALWAY03 Attachment I - IP Address Space IMPORTANT: IP ADDRESS SPACE IS OWNED BY THE COUNTY AND REMAINS THE PROPERTY OF KING COUNTY. THE CUSTOMER HAS THE USE OF THIS ADDRESS SPACE ONLY WHILE THIS CONTRACT IS IN PLACE. File save date: 5-15-03 Pg. 30 CONTRACT NO. 04FEDERALWAY03 Attachment J - Evidence of Insurance Coverage File save date: 5-15-03 Pg. 31 CONTRACT NO. 04FEDERALWAY03 MEETING DATE: June 17, 2003 CITY OF FEDERAL WAY City Council AGENDA BILL ITEM# SUBJECT: Interlocal Agreement With Benton County for Jail Services CATEGORY: X CONSENT [] RESOLUTION [] CITY COUNCIL BUSINESS [] ORDINANCE [] PUBLIC HEARING [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: June 3, 2002 Memorandum from City Attorney Patricia A. Richardson; proposed Agreement Between Benton County and the City of Federal Way. SUMMARY/BACKGROUND: The proposed Agreement with Benton County provides the City another venue to house inmates, which may become more important as other municipalities in the Puget Sound area are starting to utilize Okanogan, Chelan and Yakima counties to house inmates. This agreement is modeled after the City's agreements with Okanogan, Chelan and Yakima counties, the rate is very comparable as well as there is no booking fee, and it does not 'ct the current jail agreements that we have with the other counties. CITY COUNCIL COMMITTEE RECOMMENDATION: On June 9, 2003, the Parks, Recreation, Human Services and Public Safety Committee recommended that Agreement be placed on the June 17, 2002 City Council agenda with a "do pass" recommendation. PROPOSED MOTION: "! move approval of, and authorize the City Manager to sign, the Agreement between Benton County and the City of Federal Way. CITY MANAGER APPROVAL: ~ c.. COUNCIL ACTION: [] APPROVED [] OEmED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sx reading Enactment reading ORDINANCE # RESOLUTION # K:\agnditem\bentoncounty jail §.B CITY OF FEDERAL WAY CITY COUNCIL PARKS/RECREATION/HUMAN SERVICES/ PUBLIC SAFETY COMMITTEE June 11, 2002 Meeting Date: From: Via: Subject: June 3, 2002 Pat Richardson, City Attorney David H. Mo~~anager Benton County Jail Services Interlocal Agreement Background: The language in the proposed Benton County Jail Service Interlocal Agreement is similar to the other county interlocal agreements with Okanogan and Chelan counties. This proposed agreement provides the City another venue to house inmates, which may become more important as other municipalities in the Puget Sound area transport inmates to Okanogan, Chelan and Yakima counties. The agreement does not affect the current jail services contracts. Staff recommends that the Parks Recreation/HUman Services/Public Safety Council Committee approve the proposed Benton County Agreement. Committee Recommendation: Approve the Benton County Jail Services Interlocal Agreement and forward to full Council for consideration at the June 17, 2003, Council meeting. APPROVAL OF COMMITTEE REPORT: Committee t~hl/i¥ Con~mi(t~'e ]~ember K:~a~GNDITEMWRHSPSCOMMITTEE\060203Bentonjail AGREEMENT FOR USE OF JAIL FACILITIES DRAFT THIS AGREEMENT is made and entered into by and between BENTON COIINTY, a political subdivision of the State of Washington hereinafter ("County"), and the City of Federal Way, a municipal corporation under the laws of the State of Washington/political subdivision of the State of Washington (hereinafter "Contract Agency"). RECITALS WHEREAS, the County is authorized by law to operate a jail for misdemeanants and felons and the Contract Agency is authorized by law to operate a jail for misdemeanants and felons; WHEREAS, the Contracting Agency wishes to designate the County jail as a place of confinement for the incarceration of one or more inmates lawfully committed to the Contract Agency's custody; WHEREAS, the County is amenable to accepting and keeping inmates received from the Contract Agency in the County's custody at its jail for a rate of compensation mutually agreed to herein; WHEREAS, RCW 39.34.080 and other Washington laws authorize any public agency to contract with another public agency to perform services and activities that each such public agency is authorized by law to perform; and WHEREAS, the County and Contract Agency have considered the anticipated costs of incarceration services and potential revenues to fund such services and determined it is in each of their best interests to enter into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law. AGREEMENT For and in consideration of the conditions, covenants and agreements contained herein the parties agree as follows: 1. PURPOSE: It is the purpose of this Agreement to provide for the use by the Contract Agency of the County's jail facilities and services at the County's jail located at the Benton County Justice Center, 7320 W. Quinault Ave., Kennewick, Washington 99336. 2. MAILING AND CONTACT ADDRESS: Ail written notices, reports and correspondence required or allowed by this Agreement shall be sent to the following: - 1 County: Benton County Jail, Attn.: Jail Administrator 7320 West Quinault Ave. Kennewick, Washington 99336-7665 Facsimile: (509) 783-5852 Tel. No. (509) 735-6555 ext.3290 Contract Agency: City of Federal Way, City Manager P.O. Box 9718 Federal Way, WA 98063-9718 Facsimile: (253) 661-4024 Tel No. (253) 661-4013 4. AVAILABILITY OF JAIL FACILITIES: Subject to the County's rights with respect to certain inmates set forth in Sections 8 and 9 herein, the County will accept and keep inmates at the request of the Contact Agency, unless in the sole discretion of the County, its inmate population is at capacity or so near capacity that there is a risk that the reasonable operational capacity limits of the County's jail might be reached or exceeded if the County does not begin to refuse or request removal of inmates; provided however, that the County shall give the Contract Agency at least twenty-four (24) hours notice for refusal of inmates and seventy-two (72) hours notice for removal of inmates. The Contract Agency will only submit inmates for confinement under this Agreement that the sentencing court has deemed eligible only for 24 hours a day jail confinement and not for participation in work crew, work release, home monitoring or any other programs in which inmates serve all or part of their sentences outside the confines of a jail. 5. COMPENSATION FROM CONTRACT AGENCY: (a) Base Rate. In return for the County's housing of an inmate of the Contract Agency, the Contract Agency shall pay the County fifty-five Dollars ($ 55.00) for every 24-hour period, or portion thereof, that said inmate is in the custody of the County. Such time period shall be measured from the time said inmate is transferred to the custody of the County and ends when the Contract Agency resumes custody. (b) Other Costs. The Contract Agency shall also pay such other costs to the County or third parties as set forth herein, including but not limited to any medical costs required by Section 6. (c) Billing. The County will bill the Contracting Agency on the 15th day of each month for all amounts due to the County under this Agreement for the services rendered in the prior calendar month. Payment shall be due from the Contract Agency by the 15th day of - 2 - the following month. Account balances overdue 30 days or more will be subject to a service charge of 1% per month (12% per annum). Should it become necessary, the Contract Agency will pay all collection costs associated with late payments. (d) Booking Fee. The collection of a booking fee from the Contract Agency's inmates pursuant to RCW 70.48.390 shall be subject to the discretion of the Contract Agency and shall not be collected by the County from such inmates. 6. MEDICAL COSTS AND TREATMENT: (a) Services Provided. Upon transfer of custody to the County, the County will provide or arrange for the Contract Agency's inmates to receive such medical, psychiatric and dental services as may be necessary to safeguard their health while confined, in accordance with the provisions of Chapter 289-20 WAC, as now in effect or hereinafter amended, and the policies and rules of the County jail. (b) Cost Responsibility. The Contract Agency shall be responsible for the cost of all medication prescribed for one of its inmates. The Contract Agency shall also be responsible for all costs associated with the delivery of medical, psychiatric and dental services provided to an inmate that are not available from the health care program within the County jail and for all emergency medical services, wherever provided. These costs shall be paid directly to the provider or as a reimbursement to the County, as directed by the County. (c) Notice. Except in case of situations deemed an emergency by the County, the County shall notify the Contract Agency's contact person in writing, by mail or facsimile, prior to transfer of a Contract Agency's inmate to a medical, dental or psychiatric provider outside of the County jail or to a hospital for medical, psychiatric or dental services. (d) Pre-Confinement Consents or Refusals. If a Contract Agency inmate has received or refused any medical, psychiatric or dental treatment from the Contract Agency before confinement in the County jail, the Contract Agency shall provide to the County all written verification of any authorization of or refusal to authorize care or treatment for such inmate(s). (e) Return for Medical Services. Nothing herein shall preclude the Contract Agency from retaking custody of an ill or injured inmate by picking such inmate up for transfer at the County jail; provided, in situations the County deems that an inmate requires emergency medical care, the County shall have the right to arrange - 3 for emergency medical services (at the Contract Agency's expense) notwithstanding a request from the Contract Agency to retake custody of the inmate. (f) Records. The County shall keep records of all medical, psychiatric or dental services it provides to an inmate. Upon resumption of custody by the Contract Agency and in accordance with WAC 289-20-250, the Contract Agency shall receive a copy or summary of the medical, psychiatric or dental records held by the County for an inmate of the Contract Agency. 7. TRANSPORTATION OF CONTRACT PRISONERS: (a) Regular Transport. The County agrees to perform, at no additional charge, one (1) round-trip transport per calendar week of inmates to and from the County jail and agreed upon location in Federal Way, Washington, in order to transport inmates of the Contract Agency to and from the County jail. The County shall have sole discretion to set the day and time of such transport, but will notify the contract agency of the schedule at least thirty (30) days in advance. (b) Additional Transport Without Costs. The County agrees to perform one (1) additional round-trip transport per calendar week, at no additional charge, when the number of inmates ready and waiting to be transported to or from the County jail for the Contract Agency constitutes a minimum of three (3) inmates. The day and time of such transports are within the sole discretion of the County. (c) Additional Transport with Costs. For any additional transports by the County required by court order or made at the Contract Agency's request, the Contract Agency shall reimburse the County for all costs associated with such transport; provided, this Agreement shall not be deemed to create an obligation of the County to provide any transports other than those set forth in Section 7(a) or (b) above. (d) Contract Aqency Transport. In the event either party requests that custody of an inmate be transferred back to the Contract Agency, in accordance with any such right set forth in this Agreement, the County shall transport such inmate in accordance with the guidelines set forth in this Section 7 (a) or (b) above. If the Contract Agency desires to take custody of such inmate earlier than the next County transport without cost and the County does not agree to a transport by the County at the expense of the Contract Agency under Section 7 (c) above, the Contract Agency shall take custody of the inmate at the County jail and handle all - 4 transport responsibility. The Contract Agency shall cause written notice of any such expected transport by the Contract Agency to be received by the County at least 24 hours before the time of such transport. 8. TRANSFER OF CUSTODY: (a) Commencement of Custody by County. The Contract Agency's inmates shall be deemed transferred to the custody of the County when deputies from the Benton County Sheriff's Department take physical control of an inmate. The County will not take such control of an inmate until the Contract Agency has delivered copies of all inmate records pertaining to the inmate's incarceration by the Contract Agency or its agent, including a copy or summary of each inmate's medical records held by the Contracting Agency or its agent. If additional information is requested by the County regarding a particular inmate, the parties shall mutually cooperate to obtain such information. In the absence of documentation and information satisfactory to the County, the receiving officer may refuse to accept the Contract Agency's inmate for confinement. County shall not be required to take custody of or assume control of or responsibility for any property of the inmate, except for such property that the County allows inmates to keep in their cell. The Contract Agency's officers delivering an inmate to the transportation location shall be responsible for ensuring that all paperwork is in order and that all property allowed to be transported with the inmate is properly packaged. At such time, and only at such time, as all paperwork and property are in order will the County take physical control of and assume custody of and responsibility for the Contract Agency's inmate to be confined. (b) Further Transfer of Custody. Except as otherwise allowed by Section 10 of this Agreement, the County will not transfer custody of any inmate confined pursuant to this Agreement to any agency other than to the Contract Agency without the written authorization from a court of competent jurisdiction. (c) Responsibilities Upon Assumption of Custody. Upon transfer of custody to the County, it shall be the County's responsibility to confine the inmate; to supervise, discipline and control said inmate; and to administer the inmate's sentence pursuant to the order of the committing court in the State of Washington. During such confinement, the County shall provide and furnish or arrange for all necessary medical and hospital services and supplies in accordance with Section 6 of this Agreement. (d) Resumption of Custody by Contracting Agency. The Contract Agency shall be deemed to have resumed custody of an inmate it - 5 - transferred to the County upon either presentation of such inmate to the Contracting Agency at Federal Way, Washington, or upon the Contract Agency's officers taking physical control of an inmate at any other location. 9. RIGHT TO REFUSE/RETURN AN INMATE: The County shall have the right to refuse to accept or to return any of the Contract Agency's inmates under any one of the following circumstances. (a) Pendinq Medical Needs. The County shall have the right to refuse to accept any Contract Agency inmate who, at the time of presentation for transportation to the County jail for confinement, appears in need of medical, psychiatric or dental attention, until the Contract Agency has provided medical, psychiatric or dental treatment to the inmate to the satisfaction of the County. (b) Problematic Physical History or Behavior and New Medical Conditions. The County shall have the right to refuse to accept or to return any Contract Agency's inmate that, in the sole judgment of the County, has a history of serious medical problems, presents a risk of escape, presents a risk of injury to other persons or property, or develops an illness or injury that may adversely affect or interfere with the operations of the County Jail. Any special transport costs, medical or otherwise, incurred in the return of Contract Agency's inmate under this subsection will be the responsibility of the Contract Agency. (c) Pendinq Charges. The County shall further have the right to refuse to accept or return any inmate from the Contract Agency for confinement that has misdemeanor, gross misdemeanor or felony charges pending. (d) Claims/Litigation. The County shall have the right to refuse to accept or to return any Contract Agency inmate that files a claim or lawsuit against the County. (e) Return for Release. The County shall have the right to return any Contract Agency inmate at anytime within five (5) days of the scheduled completion of a sentence of confinement by such inmate. (f) Return Due to Upcoming Expiration. The County shall have the right to begin returning Contract Agency's inmates during the thirty days preceding expiration of this Agreement so that all inmates may be transported pursuant to the regular transports under Section 7 (a) and (b) above. (g) Notice of Return and Transport. The County shall provide written notice, via facsimile or mail, of the anticipated return of an inmate under this Section 9 to the contact person identified herein for the Contract Agency. The County shall transport the inmate(s) authorized for return under this Section 9 in accordance with Section 7 (a) or (b) and within seven days of such notice, unless the Contract Agency transports such inmate(s) at the Contract Agency's expense. 10. REMOVAL FROM JAIL - OTHER GROUNDS: The Contract Agency's inmates may be removed from the County jail for the following reason(s): (a) Request by Contract Agency. Upon written request of the Contract Agency for transfer of custody back to the Contract Agency. In such case, the inmate will either be transported by the Contract Agency or by the County pursuant to Section 7 above. (b) Court Order. By order of a court having jurisdiction over a Contract Agency's inmate. In such case, transport will be according to the terms expressed in the court order, or by the Contract Agency or the County pursuant to Section 7 above. (c) Treatment Outside of Jail. For medical, psychiatric or dental treatment or care not available within the County jail. (d) Catastrophe. In the event of any catastrophic condition presenting, in the sole discretion of the County, an eminent danger to the safety of the inmate(s) or personnel of the County. In such case, the County will inform the Contract Agency, at the earliest practicable time, of the whereabouts of the inmate(s) so removed and shall exercise all reasonable care for the safekeeping and custody of such inmate(s). 11. TRANSFER OF INMATES UPON TERMINATION/EXPIRATION OF AGREEMENT: (a) Termination by County. In the event of a notice of termination from the County in accordance with Section 21 below, it shall be the County's obligation to transport the Contract Agency's inmates to the Contract Agency at Federal Way, Washington, at no expense to the Contract Agency. Such transports shall be made as if the Agreement were expiring and in accordance with the terms of Section 9 above, subsections (f) and (g). (b) Termination by Contract Aqency. In the event of a notice of termination from the Contract Agency in accordance with Section 21 below, it shall be the Contract Agency's obligation to transport the Contract Agency's inmates at its own expense, on or before the effective date of such termination. Until such removal, the Contract Agency shall pay the compensation and costs set forth - 7 - herein related to the housing of such inmate(s). With respect to any inmate(s) not removed in accordance with this Section 11, the Contract Agency shall pay the base rate set forth in Section 5(a) above plus an additional Five Dollars ($5) per inmate for every 24 hour period or part thereof that said inmate(s) remains in the County jail; and the County shall retain all rights hereunder, notwithstanding such termination, until all of the Contract Agency's inmates are removed from the County jail. 12. INMATE RIGHTS, ACCOUNTS AND PROGRAMS: (a) Early Release Credit and Discipline. The Contract Agency agrees that its policies if any, for early release credits shall allow no more credit for its inmates than is allowed by the County under its policies. The Contract Agency's inmates confined under this Agreement shall earn early release credits under the policies and rules prescribed by the county and state law for all inmates at the County jail. With respect to the Contract Agency's inmates, the County shall maintain and manage disciplinary issues and will administer sanctions, including removal of earned early release credit, as per facility rules. No discipline prohibited by federal or state law will be permitted. The disciplinary policies and rules of the County jail will apply equally to inmates confined pursuant to this Agreement and to those otherwise confined. (b) Inmate Accounts. The County shall establish and maintain an account for each inmate received from the Contract Agency and shall credit to such account all money received from an inmate or from the Contract Agency on behalf of an inmate. The County shall make disbursements from such accounts by debiting such accounts in accurate amounts for items purchased by the inmate for personal needs. Disbursements shall be made in limited amounts as are reasonably necessary for personal maintenance. At termination or expiration of this Agreement, an inmate's return to the Contract Agency, or death or escape of an inmate, the County shall submit a check to the Contract Agency in the name of each inmate eligible for reimbursement in order to transfer an inmate's money to an inmate account administered by the Contract Agency. (c) Programs. The County shall provide the Contract Agency's inmates with access to all educational, recreational and social service programs offered at the County jail under the terms and conditions applicable to all other inmates at the jail. (d) Inability to Serve Time Outside of Facility. In accordance with Section 4 of this Agreement, the Contract Agency's inmates will not be allowed to leave the jail for participation in correctional work crews, work release programs, home monitoring or - 8 - any other program in which other inmates sometimes are allowed to leave the physical confines of the jail as part of serving their sentence. 13. ACCESS TO FACILITY AND PRISONERS: (a) Access to Facility. Contract Agency shall have the right to inspect, at mutually agreeable times, the County jail in order to confirm such jail maintains standards acceptable to the Contract Agency and that its inmates are treated appropriately. The County agrees to manage, maintain and operate its facilities consistent with all applicable federal, state and local laws. (b) Access to Inmates. Contract Agency personnel shall have the right to interview inmates from the Contract Agency at any reasonable time within the jail. Contract Agency officers shall be afforded equal priority for use of jail interview rooms with other departments, including the Benton County Sheriff's Department. 14. ESCAPES AND DEATHS: (a) Escapes. In the event of an escape by a Contract Agency's inmate from the County jail, the Contract Agency will be notified in writing as soon as practical. The County will have the primary authority to direct the investigation and to pursue the prisoner within its jurisdiction. Any costs related to the investigation and pursuit within its jurisdiction will be the responsibility of the County. The County will not be required to pursue and return the Contract Agency's escaped inmates from outside of the County. (b) Deaths. (1) In the event of a death of a Contract Agency inmate in the County jail, the Contract Agency shall be promptly notified in writing. Benton County Sheriff's Office Bureau of Law Enforcement and the Benton County Coroner will investigate the circumstances. The Contract Agency may, if it wishes, join in the investigation and receive copies of all records and documents in connection with the investigation. (2) The County shall, subject to the authority of the Benton County Coroner, follow the written instructions of the Contract Agency regarding the disposition of the body. Such written instructions shall be provided within three working days of receipt by the Contract Agency of notice of such death. Ail expenses related to necessary preparation of the body and transport charges shall be - 9 the responsibility of the Contract Agency. With written consent from the Contract Agency, the County may arrange burial and all matters related or incidental thereto, and the Contract Agency shall pay all such expenses. This paragraph deals with relations between the parties to this Agreement and shall not affect the liability of any relative or other person for the disposition of the deceased or any expenses connected therewith. 15. POSTING OF BAIL: The County shall serve as agent for the Contract Agency in receipt of any bail bonds or any monies posted for or by a Contract Agency's inmate with the County, and any such bonds or monies will be promptly forwarded to the Contract Agency. 16. RECORD KEEPING: The County agrees to maintain a system of record keeping relative to the booking and confinement of each of the Contract Agency's inmates consistent with the record keeping by the County for all other inmates. The County shall make copies of said records available to the Contract Agency upon its request. 17. INDEMNIFICATION AND INSURANCE: (a) Indemnification of Contract Aqency. The County shall indemnify the Contract Agency, its officers, agents and employees, from and against any claim, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising from the County's performance under this Agreement; provided, to the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the Contract Agency, its officers, agents, or employees, the County's indemnification obligation hereunder shall be limited to the County's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction. (b) Indemnification of County. The Contract Agency shall indemnify the County, its officers, agents and employees, from and against any claim, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising from the Contract Agency's performance under this Agreement; provided, to the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the County, its officers, agents, or employees, the Contract Agency's indemnification obligation hereunder shall be limited to the Contract Agency's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction. (c) Insurance Requirement. Each party shall obtain and maintain liability coverage in minimum liability limits of Two Million - 10 Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the aggregate for its conduct creating liability exposures related to confinement of inmates, including general liability, errors and omissions, auto liability and police professional liability. The insurance policy(ies) shall provide coverage for those events that occur during the term of the policy, despite when the claim is made. (d) Certificate of Insurance. Each party to this Agreement agrees to provide the other with evidence of insurance coverage in the form of a certificate from a solvent insurance provider confirming coverage from a solvent insurance pool which is sufficient to address the insurance obligations set forth above. 18. NON-DISCRIMINATION POLICY: The County and the Contract Agency agree not to discriminate in the performance of this Agreement because of race, color, national origin, sex, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental, or sensory handicap. 19. ADMINISTRATION/DISPOSAL OF PROPERTY: This Agreement is executed in accordance with the authority of Chapter 39.34 RCW, the Interlocal Cooperation Act. Pursuant to the provisions of RCW 39.34.030, the Benton County Sheriff shall be responsible for administering the confinement of inmates hereunder. No real or personal property will be jointly acquired by the parties under this Agreement. All property owned by each of the parties shall remain its sole property to hold and dispose of in its sole discretion. 20. WAIVER OF RIGHTS: No waiver of any right under this Agreement shall be effective unless made in writing by an authorized representative of the party to be bound thereby. Failure to insist upon full performance on any occasion shall not constitute consent to or waiver of any continuation of nonperformance or any later nonperformance; nor does payment of a billing or continued performance after notice of a deficiency in performance constitute an acquiescence thereto. 21. TERMINATION: This Agreement may be terminated prior to expiration by written notice from either party delivered by regular mail to the contact person at address set forth herein. Termination by said notice shall become effective ninety (90) days after receipt of such notice. The notice shall set forth the reason the party wishes to terminate the Agreement and the specific plan for accommodating the affected inmates, if any. 22. WAIVER OF ARBITRATION RIGHTS: Both parties acknowledge and 11 agree that they are familiar with the provisions of RCW 39.34.180(3), as now in effect, and that of their own free will they hereby expressly waive any and all rights under RCW 39.34.180(3), as now in effect or as hereinafter amended, to arbitrate the level of compensation for incarceration services charged under this Agreement, or any renewal thereof, that either party may posses. The parties further agree that such level of compensation and all other issues related to the purpose of this Agreement will only be as agreed to herein or as otherwise agreed to in a writing executed by the parties. 23. DURATION: This Agreement shall be effective upon execution by both parties and shall continue through December 31, 2003, unless terminated earlier under the terms set forth in Section 21 above. This Agreement may be renewed for successive periods of one year by written addendum executed by all parties hereto under such terms as the parties agree in writing. Nothing in this Agreement shall be construed to make it necessary for the Contracting Agency to continuously house inmates with the County. 24. GOVERNING LAW: The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to this Agreement and an inmate's confinement under this Agreement. 25. MISCELLANEOUS: In providing these services to the Contract Agency, the County is an independent contractor and neither its officers, agents, or employees are employees of the Contract Agency for any purpose including responsibility for any federal or state tax, industrial insurance or Social Security liability. No provision of services under this Agreement shall give rise to any claim of career service or civil service right, which may accrue to an employee of the Contract Agency under any applicable law, rule, or regulation. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 12 DATE: BENTON COUNTY, WASHINGTON Chairman Member Member Constituting the Board of County Commissioners of Benton County, Washington DATED: Attest: Clerk of the Board Approved as to Form and Content: DATE: FEDERAL WAY, WASHINGTON By: David H. Moseley City Manager Approved as to Form: Patricia A. Richardson City Attorney Rea Culwell Deputy Prosecuting Attorney Larry D. Taylor Benton County Sheriff - 13 - K:\JAIL\BENTON COUNTY AGREEMENT.DOC MEETING DATE: June 17, 2003 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Fleet Maintenance Contract CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Summaries of fleet maintenance proposals SUMMARY/BACKGROUND: The City conducted its first Request For Proposal for the repair and maintenance of its 123 general purpose and public safety vehicles. Staffreceived seven responses, which after careful analysis and interviews, recommends award the contract to two top proposals from Sparks Car Care and Eagle Tire and Automotive. TY COUNCIL COMMITTEE RECOMMENDATION: Recommend approval of the of the two-year non-exclusive .;t maintenance contract to Sparks Car Care and Eagle Tire and Automotive. PROPOSED MOTION: "I move approval of the award of a two-year non-exclusive fleet maintenance contract to Sparks Car Care and Eagle Tire and Automotive; with the understanding that the City intends to split the vehicles in equal quantity and mixture between the two companies for repair and maintenance in order to foster competition in the long- term and to be able to evaluate costs and services for future fleet maintenance decisions. I also move to authorize the City Manager to execute the respective agreements." (BELOW TO BE COMPLETED B Y CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # ISED - 05/10/2001 CITY OF FEDERAL WAY MEMORANDUM Date: To: Via: From: Subject: May 23, 2003 Finance, Econornic~ ~D~elopment and Regional Affairs Committee David H. ~q~ ~t~ l~anager Iwen Wang, Marl~ement Services Director ~~~ Fleet Maintenance Contract BACKGROIYNI): The City conducted its first Request For Proposal (RFP) for the repair and maintenance of its 123 general purpose vehicles. The request sought a primary maintenance facility to provide scheduled preventative maintenance, coordinate warranty repairs, and perform general repairs on an as needed basis. The resulting agreement is a non-exclusive, two-year contract; meaning that the City may use other venders at its sole discretion. The purpose of the RFP is to establish consistent preventive maintenance standards and scheduling for all city vehicles, and to get the best rates through a competitive process. We received seven responses to the RFP. Three proposed to provide specialized services, while the other four (Eagle Tire and Automotive, Sparks Car Care, Big O Tires for Less, and Walt's Auto Care Center) included most of the services requested by the City in their proposal. These four proposals were evaluated based on cost, experience, ability to perform, and responsiveness to the RFP. Cost Comparis, on: The City applied proposed unit prices to a set of selected services and service frequencies to compare the overall cost of the proposals. The comparison shows that Walt's has the lowest overall price. However, in reviewing the details of their proposal, the cost of various services were omitted, making it incomparable with the other three proposals. Amongst the three remaining responsive proposals, Big O has the highest overall cost and Sparks has the lowest. Eagle's overall cost is very close with Big O but has the best price for three, six, nine, and twelve-month preventive maintenance services. Eagle is also the designated state contract holder for Goodyear tires. They have the best price for Goodyear tires, which are used for patrol vehicles. Abilit~ to Perform: The three remaining proposers are all established local businesses. To distinguish their qualitative differences, a cross-departmental staff team considered the size and setup of the facility, operating schedule, technical personnel and qualifications, recruitment and training programs, business stability, and staff turnover rate. The information was collected through written proposals and interviews with the proposers. Staff also conducted on-site visits to the top two finalists. Big O has the largest facility; however, it has experienced high staff turnover recently and the local store manager is a recent hire as well. With improved staff stability, it would be a very good candidate in the next RFP process. Eagle has a large shop and the largest technical staffing of the three. In addition, it has a good maintenance tracking and reporting system that provides valuable fleet management information. As the primary service provider for our public safety fleet, their familiarity and knowledge of the public safety vehicles was also considered. Sparks has the most proactive staff training and involvement program. It has a small but stable technical staff. The shop is small, but very clean and well organized; it also operates on a limited operating schedule. Conclusion: Based on cost and qualitative criteria, Eagle and Sparks are the top two candidates. Staff is particularly impressed with the competitive pricing, professionalism, and organizational skills of Sparks. They have indicated that they will open on Saturdays to serve City vehicles. However, staff is still concerned with the limited size of their staff and ability to handle the whole fleet. Therefore, staff recommends using Sparks for non-public safety vehicles and Eagle for public safety vehicles; later adjusting the number of vehicles assigned as appropriate. COMMITTEE ACTION: Forward to full Council at their June 17 meeting the award of a two-year non-exclusive fleet maintenance contract to Sparks Car Care and Eagle Tire and Automotive, and authorize the City Manager to execute the respective agreements. APPROVAL BY COMMITTEE;. .. ' .i:: · Committee.c~ir .. dommi~ttee Member o & 17,2003 ITEM# MEETING DATE: June CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Green Gables Neighborhood Traffic Safety (NTS) Project CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Memo to Land Use/Transportation Committee dated June 2, 2003. SUMMARY/BACKGROUND: Residents in the vicinity of 47th Avenue SW between south City limits and SW 329th Way have requested the installation of traffic calming devices in that area based on concerns of high traffic speeds and cut-through traffic. On April 24, 2002 staff conducted a neighborhood meeting to discuss potential traffic cahning alternatives that might be effective in reducing speed within the neighborhood. After discussion between the residents and staff and in order to mitigate the identified problems in the neighborhood, a ensus was reached to propose the installation of four speed humps on 47 Avenue SW within the prelect llnnts. Staff sent ballots N .ffected residents and all four speed humps passed with a 95% approval rate. On May 14, 2003 staff conducted a second neighborhood meeting to inform the residents about the balloting results and the remainder of the process. Approximately 30 citizens attended the meeting and none of them were opposed to the proposed speed humps. It is important to note that this neighborhood will almost deplete this year's available budget to install traffic calming devices. We are currently working on five additional neighborhoods that have passed the NTS criteria test. Additional funding will be required to construct any subsequent NTS projects for the remainder of 2003. CITY COUNCIL COMMITTEE RECOMMENDATION: At its June 2, 2003 meeting, the Land Use/Transportation Committee recommended approving the installation of four speed humps along 47th Avenue SW between south City litnit and SW 329th Way. PROPOSED MOTION: "I move to approve the installation of four speed humps along 47th Avenue SW between south City limit andSW329thWay.'' ~ .tX CITY MANAGER APPROVAL: (BELOW Hf B~E COMPLETED B Y CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED TABLED/DEFERRED/NO ACTION MOVED TO SECOND READING (ordinances COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # RI/VISED- 05/10/2001 k:',councilkagdbillsL?.003,0617 green gables nfs - 47sw329.doc CITY OF ~ Federal Way DATE: TO: FROM: VIA: SUBJECT: June 2,2003 Eric Faison, Chair Land Use / Transportation Committee Raid Tirhi, Senior Traffic Engineer p)l' David H.,~ager Green Gables Traffic Safety (bITS) Project - 47'h Avenue SW BACKGROUND Residents in the vicinity of 47th Avenue SW between south City Limits and SW 329th Way have requested the installation of traffic calming devices in that area based on concerns of high traffic speeds and cut-through traffic. Currently, adopted NTS installation criteria are based on a point system as follows: Points Total Accidents/Year Injury Accidents/Year Average Daily Traffic 85th Percentile Speed (5-year history) (5-year history)* (two-way total) (mph in either direction) 0.5 0.3-0.5 0.1 500-1100 26-29 1.0 0.5-0.7 0.2 1101 - 1700 29.1-32 1.5 0.7-0.9 0.3 1701-2300 32.1-35 2.0 0.9-1.1 0.4 2301-2900 35.1-38 2.5 1.1-1.3 0.5 2901-3500 38.1-41 3.0 More than 1.3 More than 0.5 More than 3500 More than 41 * Note: Fatal collisions will count as two injury collisions Installation criteria are met if the total number of severity points is equal to or greater than 3.0. A traffic study indicated that the subject location would receive 1.0 point for total accident, 1 point for traffic volume, and 1 point for traffic speed. Therefore, the total number of points is 3, which meets the 3-point minimum to qualify for traffic calming devices installation. On April 24, 2002 staff conducted a neighborhood meeting to discuss potential traffic calming alternatives that might be effective in reducing speed within the neighborhood. After discussion between the neighborhood residents and staff, and in order to mitigate the identified problems in the neighborhood, a consensus was reached to propose the installation of four speed humps on 47th Avenue SW between south { 'ity limits and SW 329th Way. In accordance with established NT§ policies, staff sent ballots to property owners and occupants within 600 feet of the proposed speed hump locations and to those with the proposal being on their sole access route. The following table summarizes the ballot results: Ballots Sent 78 :54 38 18 188 Ilallots Rctm'ncd 48 (61{3{,) 38 (70%) 28 (74%) I'~ (67%) 126 (6/ Yes Votes 44 (94%) 34 (194%) 25 (96%) 9 (100%) 112 (95%) No Votes 3 (6%) 2 (6%) 1 (4%) 0 (0%) 6 (5%) One of the installation criteria requires a 50% majority of the returned ballots. Based on the above table, all locations met the balloting criteria. On May 14, 2003 staff conducted a second neighborhood meeting to inform the residents about the balloting results and the remainder of the process. Approximately a total of 30 citizens attended the meeting and none of them were opposed to the proposed speed humps. It is important to note that this neighborhood will almost deplete this year's available budget to install traffic calming devices. We are currently working on four additional neighborhoods that have passed the NTS criteria test. Additional funding will be required to construct any subsequent NTS projects for. the remainder of 2003. RECOMMENDATION Staff recommends placing the following item on the June 17, 2003 Council Consent Agenda: Approve the installation of four speed humps along 47th Avenue SW between south City limits and SW 329th Way. APpRovAL OF COMM ITTE E REI'OR'r:' , ,,/~,/? ... . E~.Fais~n, Chair / ' ~'licllaei par~lnber ~m McC. olgan,~l'enfi}er RT: k ~lutck2OO3~nts-green gables - 47sw329.doc 05/27/2003 MEETING DATE: June 17, 2003 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Public Hearing for Steel Lake Management District CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Memo to Land Use / Transportation Committee dated April 15, 2003 and Resolution of Intention to form Steel Lake Management District Number 1 approved by City Council on May 6, 2003. SUMMARY/BACKGROUND: At its April 15, 2003 meeting, the Land Use/Transportation Committee recommended adopting a resolution of intention to initiate the Steel Lake Management District formation process and set a public hearing date for the June 17, 2003 regular City Council meeting. The City Council approved the resolution of intention at its May 6, 2003 meeting. .e public hearing is required under RCW 36.61.040. After the public hearing, the City Council may adopt a resolution submitting the question of creating the lake management district to the owners of land within the proposed lake management district, including publicly owned land, if the City Council finds it is in the public interest to create the lake management district and the financing of the lake improvement and maintenance activities is feasible. The question shall be addressed by a public vote of parties within the proposed lake management district. The City Council may make changes in the boundaries of the lake management district or such modification in plans for the proposed lake improvement or maintenance activities as it deems necesssary. The City Council may not change the boundaries of the lake management district to include property, that was not included previously without first passing an amended resolution of intention and giving new notice to the owners or reputed owners of the properly newly included in the proposed lake management district in the manner and form and within the time provided by the original notice. The City Council may not alter the plans for the proposed lake improvement or maintenance activities to result in an increase in the amount of money proposed to be raised, and may not increase the amount of money proposed to be raised, without first passing an amended resolution of intention and giving new notice to the property owners in the manner and form and within the time provided for the original notice. CITY COUNCIL COMMITTEE RECOMMENDATION: At its April 15, 2003 meeting, the Land Use/Transportation Committee recommended adopting a resolution of intention to initiate the Steel Lake Management District formation process and set a public hearing date for the June 17, 2003 regular City Council meeting. The City Council approved the resolution of intention at its May 6, 2003 meeting. ~mt:OPOSED MOTION: "1 move to direct staffto create a resolution establishing a public vote to the owners of land ihin the proposed lake managelnent district, including publicly owned land, and to bring the resolution before the next regularly scheduled Council meeting." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF Federal Way DATE: TO: FROM: VIA: SUBJECT: April 15, 2003 Eric Faison, Chair Land Use and Transportation Committee Leslie Ryan-Connelly ESA/NPDES Coordinator David H. M~nager Steel Lake Mana~"ement District BACKGROUND Over the past ten years, the City of Federal Way has ~vorked with residents living adjacent to Steel Lake on management of Eurasian water milfoil, a non-native invasive aquatic plant. Surveys to identify milfoil were conducted in 1995, 1996, 1998, 200 I, and 2002. Chemical treatment to kill the plant was conducted in ! 994 and 2002. The main source of the milfoil re-introduction to the lake is frown the public boat launch owned by the Washington Department offish and Wildlife. During 2002 and 2003, the City met with residents around the lake to develop a long-term management strategy for aquatic plants in Steel Lake. Neighborhood meetings were held in June, July, and November of 2002, and April of 2003. At the July 2002 neighborhood meeting a Steel Lak~ Committee was formed to work on identifying methods to fund long-term lake management activities. During 2002, the Committee met and consulted with several lake management experts to evaluate funding options. In November 2002, the Committee recommended to the residents the formation of a lake management district pursuant to RCW 36.61. There was unanimous support from approximately 35 residents present to form a lake management district. The Committee was then charged with developing a scope of activities, budget and rate structure for the lake management district. During the first quarter of 2003, the Committee addressed these items and presented a petition to form a lake management district at a neighborhood meeting in April 2003. All residents at the meeting were supportive of the committee's recommended lake management district scope, budget, and rate structure and signed the petition. The final petition has signatures representing 25 of the 102 parcels adjacent to the lake. The residents' petition conforms to the requirements of RCW 36.61. The petition identifies a list of lake management activities to be conducted, the dnration and boundaries of the district, a proposed rate structure, and a request for the formation ora Steel lake Advisory Board to oversee the district. The first step to initiate the lake management district formation process is the adoption ora Resolution oflntention which includes setting a date for a public hearing. The entire administrative process is expected to take nine months. In addition to lake management funding activities, the Steel Lake Committee was also been advising the City on an update of the Aquatic Plant Management Plan from 1995. Update of the plan is a requirement of the new permitting scheme when applying aquatic herbicides in Washington State. An updated plan is required in 2004. In addition, the plan forms the basis for the proposed lake management district activities. A final draft of the plan, renamed the 2003 Integrated Aquatic Vegetation Management Plan, was presented at the April 2003 neighborhood meeting for public reviexv. The plan will be submitted to the Department of Ecology th is year for final adoption before the 2004 growing season. RECOMMENDATION Staff recommends placing the following items on the May 6, 2003, City Council consent agenda for approval: · Adopt a Resolution of Intention to initiate the Steel Lake Management District formation process and set a public hearing date for June 17, 2003 regular City CoUncil meeting. ./ cc: Project File Day File k:\lutcL2003\steel lake management district.doc RESOLUTION NO. 03-38/4 A RESOLUTION OF THE CITY OF FEDERAL WAY, WASHINGTON, TO FORM STEEL LAKE MANAGEMENT DISTRICT NUMBER 1 AND SETTING A PUBLIC ttEARING ON THE FORMATION OF THE PROPOSED DISTRICT. WHEREAS, the City of Federal Way completed the Steel Lake Aquatic Plant Management Plan in December of 1995 and updated this plan in April of 2003 (renamed the Steel Lake Integrated Aquatic Vegetation Management Plan) (the "Plan") (Attachment A); and WHEREAS, the Plan was initiated because of citizen interest in the long-term protection of Steel Lake; and WHEREAS, Steel Lake contains significant natural resources, such as wetlands, and forms the headwaters for Redondo Creek; and WHEREAS, the existing lake quality supports fishing, wildlife habitat, swimming, boating, visual aesthetics, waterfront property values, irrigation, and other beneficial uses; and WHEREAS, pursuant to RCW 35.21.403 and RCW 36.61, a lake management district can be formed to generate funds for financing lake improvement and maintenance projects as recommended in the Steel Lake Integrated Aquatic Vegetation Management Plan; and WHEREAS, the City of Federal Way is committed to a good faith effort of continuing these activities; and WHEREAS, the Steel Lake community has demonstrated support for the formation ora lake management district through submittal ora petition (Attachment B) pursuant to the requirements of RCW 36.61; and Res. # 03-38/4 Page I WHEREAS, the hearing notice requirements of RCW 36.61 will provide an opportunity to evaluate property owner interest in lake management district activities. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Intention to Form Steel Lake Management District. The City of Federal Way City Council declares, by passing this resolution, its intention to conduct the activities required by RCW 36.61 for the establishment of Lake Management District Number 1 (Steel Lake) (The "District"). The nature of the proposed activity to be undertaken by the District is the continued implementation of the Steel Lake Integrated Aquatic Vegetation Management Plan. Special assessments totaling $13,598 will be collected annually to finance the District activities, with the total amount to be collected during the life of the District being $166,440, which includes an automatic inflation increase based upon the Seattle Consumer Price Index not to exceed five percent in any given year. The proposed duration of the District is ten years from the date such District is actually formed by ordinance. The proposed boundaries of the District encompass all properties adjacent to Steel Lake with lake front footage. The proposed rate structure is based on equal charges for similar parcels. Undeveloped parcels will be charged $30 per year. Single family developed parcels will be charged $85 per year. The multi-family parcels will be charged $275 per year. The City of Federal Way parcel will be charged $2,048 per year. The Department ofFish and Wildlife parcel will be charged $3,500 per year. Section 2. Public Heating. A public hearing conducted by the City of Federal Way City Council shall be held on the formation of the proposed District: DATE: June 17, 2003 TIME: 7:00 pm or shortly thereafter Res. # 03-386 Page 2 PLACE: City of Federal Way City Hall 35530 1st Way South Federal Way, WA Section 3. Establishment of Advisory Committee. If Lake Management District Number 1 is formed, the City of Federal Way City Council will establish a non-paid Advisory Board of lakefront property owners representative of the diversity among property owners around Steel Lake to oversee the implementation of the Lake Management District program and to assist the City of Federal Way in establishing annual budgets and work plans for the use of Lake Management District revenues and expenditures. The Advisory Board will meet regularly as determined by the Board, propose annual budgets for Lake Management District expenditures to the City of Federal Way, educate its neighbors on Lake Management District issues, and submit annual reports of Lake Management District activities to the City of Federal Way. Section 4. Public Notice. The City of Federal Way Clerk is hereby directed to publish and mail notices as required by RCW 36.61. Section 5. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. Res. # 03-386 Page 3 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this 6th day of flay ,2003. CITY OF FEDERAL WAY CIT CLERK, N. CHRISTINE GREEN, MC APPROVED AS TO FORM: PATRICIA 3f3RICH~SON, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 4/30/03 5/06/03 03-384 Res. # 03-386 Page 4 FINAL DRAFT Attachment "A" STEEL LAKE IAVMP APRIL 3, 2003 STEEL LAKE IAVMP APRIL 3. 2003 PROBLEM STATEMENT Steel Lake is located in the City of Federal Way in King County, Washington. It is a small (47 acres), shallow (maximum depth 24 feet, mean depth 13 feet) lake with a watershed area of 304 acres that is primarily developed as residential and commercial property. The only source of surface water inflow to the lake is from city stormwater outfalls. In the past decade, infestations of non-native aquatic plants Eurasian watermilfoil (Myriophyllum spicaturn) and fragrant water lily (Nyrnphae odorata) have occurred on several occasions that colonized lake areas in large quantities. Because steel Lake is a shallow system, a large portion of the surface area of this lake is available for aquatic weed colonization. Aquatic weed infestations on Steel Lake, such as those exhibited by M. Spicatum (milfoil), are well documented. In the early 1990s, the lake became fully infested with milfoil, which dominated the entire littoral zone. Extensive milfoil colonies near the beach, shoreline, and homeowner docks posed serious threats to swimmers - and significantly reduced native plant Communities. In addition, the public fishing dock was surrounded by milfoil beds that made fishing from the shore nearly impossible. A whole- lake application using fluridone (Sonar®) in 1994 was required to treat the aquatic plant problem. In 200 I, milfoil re-infested Steel Lake, this time appearing as a pioneering colony. It was spot treated with 2,4-D (AquaKleen®) in August of 2002. It is likely that milfoil is being spread on boats that enter the lake at the public boat launch. These boats tend to travel from lake to lake in the Federal Way region. Because Star Lake and Lake Killamey are within a few miles distance of Steel Lake, they (and other nearby systems) are threatened with introductions of milfoil if Steel Lake is not controlled. Non-native fragrant water lily, a noxious weed, continues to colonize the western end of the lake and other scattered areas where water depths are limited. The lilies, in combination with the very shallow water depth have greatly restricted use of this portion of the lake. Large sections of root and plant masses break away and float to the surface of the lake, forming unsightly clumps and causing potential boating safety problems. Through the years, individual homeowners have implemented lily treatment and control, but these efforts are offset if adjacent properties are not maintained. Consequently, the lake requires a comprehensive aquatic weed management approach. Aquatic weed infestations in Steel Lake threaten the investment that Steel Lake residents have made to protect their property values and to preserve the lake's aesthetic beauty, STEEL LAKE IAVMP APRIL 3, 2003 FINAL DRAFT recreational attributes, and wildlife habitat. The Steel Lake Community recognizes that a concerted, long-term effort is necessary to control future aquatic weed infestations. The facts listed above were used to create a problem statement for Steel Lake. The purpose of the problem statement is to describe as clearly as possible how the lake and it's inhabitants are being negatively impacted by aquatic plants. Problem Statement Aquatic plants, including the non-native species Myriophyllum spicatum, (mi/foil) in Steel Lake historically have impaired the use and aesthetic value of the lake. Dense aquatic plant beds have restricted access, fishing, swimming, sailing, and other types of boating to the mid-section of the lake, due to the obstruction caused by plants in the shallower, near shore area. In 1993, milfoil was reportedly colonizing areas up to the 15-foot depth interval In addition, other regional lakes are in danger of becoming infested with rnilfoil originating in Steel Lake. Because of the lake's shaflow characteristic, submerged plants have the potential to restrict the available area for recreation activities. The non-native lily, Nymphaea sp., (fragrant water lily) continues to colonize a large portion of the west end of the lake. The lilies, in combination with the very shallow water depth, have greatly restricted use of this portion of the lake. Personal efforts to control the lilies are offset if adjacent properties are not also maintained, and consequently suffer from the need for a lake-wide approach. Large sections of root and plant masses break away and float to the surface of the lake, forming unsightly clumps and create potential boating safety problems. Property values may be affected by the plant problems. This may be especially true of the western end of the lake, where water depth limitations in combination with lily beds are causing the "waterfront" to move farther from the existing shoreline. A long-term strategy is required for the control of aquatic plants, and to assure that mi/foil does not become re-established in the lake. MANAGEMENT GOALS The Steel Lake Steering Committee has developed the following set of management goals for the long-term management of aquatic weeds in Steel Lake: STEEL LAKE IAVMP APRIL 3, 2003 FI~AL DRAFT · Form a Lake Management District that creates a funding source for all future aquatic plant management activities, and continue to seek grant opportunities. · Perform annual diver surveys to monitor changes in the aquatic plant community. · Control and contain both milfoil populations and fragrant water lily populations at as low a density as is environmentally and economically feasible, and at levels that will not impact public safety or the beneficial uses of the lake. · Reduce all other identified species of noxious weeds as listed in WAC 16-750 to levels that do not impact public safety or the beneficial uses of the lake. · Use appropriate aquatic plant control and treatment methods as needed for all other problematic aquatic weeds, using the best available science to identify and understand their effects on human, aquatic and terrestrial ecosystems prior to implementation. · Provide for adequate native vegetation for fish and, if necessary, mitigate for any negative impacts to fish habitat due to non-native plant removal activities. · Continue public education to prevent the introduction of noxious weeds, nuisance plants and non-native animal species to the lake; and to aid -in the early detection of aquatic weed re-infestations, · Continue to involve the Steel Lake Community in the aquatic plant management process. PAST MANAGEMENT EFFORTS Prior to 1993, lake homeowners optioned to contract individually to have their near shore areas sprayed with glyphosate (Rodeo®) to control lilies. In 1993, the lake became heavily infested with milfoil. That year, the City of Federal Way and the Steel Lake Residents' Association (SLRA) formed an advisory committee, and began aquatic plant management planning. The city and SLRA agreed to combine funds to eradicate the milfoil infestation. In the spring of 1994, fluridone (Sonar®) was applied by Resource Management (RMI). In 1993, the City of Federal Way received an Aquatic Weeds Management Fund Grant from the Department of Ecology to provide long-term aquatic plant control. The AWMF Grant was used to contract with Envirovision for the development of an Integrated Aquatic Vegetation Management Plan (IAVMP). The IAVMP was completed in December 1995, and approved by the Department of Ecology in February 1996. Funds collected by the SLRA, combined with a city match, were applied toward several post-treatment lake surveys. A 1-year post treatment aquatic plant survey performed by RMI in 1995 demonstrated that milfoil had not re-infested the lake. Additional follow-up systematic surveys performed by Herrera Environmental Consultants in 1996 and 1998 STEEL LAKE IAVMP APRIL 3. 2003 indicated that the lake had remained free of milfoil. Between 1998 and 2001, no aquatic weed management efforts (surveys, control, treatment, or public meetings) took place. In the summer of 200 I, the King County Department of Natural Resources and Parks (through a grant provided by the Department of Ecology), contracted with AquaTechnex (formerly RMI) to survey Steel Lake for noxious weeds. This simple survey confirmed that a pioneering level of milfoil had re-established itself in the lake. In the fall of 2001, the City of Federal Way provided notification of this re-infestation to all affected residents, primarily those concentrated along the northwest portion of the lake. Thereafter, the city began to develop a strategy for future aquatic weeds management. In early 2002, the City applied for an Early Infestation Grant from the Department of Ecology for short-term milfoil identification, treatment, and control. Following the award of the grant, AquaTechnex was given city approval to perform a comprehensive underwater survey for milfoil in August. In the interim, the city organized two well-attended (more than thirty people each) Steel Lake Residents' meetings in June and July of 2002 to discuss lake management issues, including future treatment options and funding alternatives. An overview of the Lake Management District (LMD) formation process was presented at these two public meetings. In order to discuss and plan aquatic plant management in further detail, volunteers were solicited to form the Steel Lake Steering Committee. The underwater survey performed by Aqua Technex in August 2002, specific for milfoil, indicated that the noxious aquatic weed had spread throughout the littoral zone of the lake, colonizing a total of five acres. In late August, the lake was spot treated with 2,4-D (AquaKleen®). A follow-upvisual evaluation performed approximately 5 weeks later verified that the treatment produced a significant weed kill. The Integrated Treatment Plan outlined in this IAVMP will address the future management of milfoil infestations. In addition, some Steel Lake residents elected to spot treat their waterfront for white water lily in 2002 using Glycosate. Again, Aqua Technex applied the aquatic herbicide, contracting individually with the interested homeowners. A brief post-treatment evaluation indicated a moderate lily population reduction. Systematic lake surveys planned for 2003 will confirm the effectiveness of the lily treatment, and define future action. In late 2002, the Steel Lake Steering Committee began to lay the groundwork for a long- term and effective aquatic weed management program. The Committee began meeting on a monthly basis to formulate a work plan. The feasibility of forming a LMD was closely examined and discussed. During this time, industry professionals from both the public and private sectors were consulted concerning the LMD process. The Committee recognized that the Department of Ecology (DOE) is a strong proponent of special purpose districts for managing lakes; 5 STEEL LAKE IAVMP APRIL 3, 2003 FINAL DRAFT and that future DOE grant awards were more likely if a Steel Lake LMD was formed. These factors led to an agreement that a LMD would be the best solution in providing a stable source of funds for aquatic plant management activities. On November 13, 2002, a Steel Lake Community public meeting was held to present the Committee LMD recommendation. An informal straw vote showed, unanimous support for LMD formation. As of March 2003, the Steel Lake Committee is pursuing formation of the LMD through the district formation process defined in RCW 36.61. LAKE AND WATERSHED CHARACTERISTICS Location The Steel Lake watershed is located approximately 20 miles south of Seattle, in the City of Federal Way, King County, Washington. The watershed is 304 acres in size and drains a gently sloping topographic area with elevations ranging from 440. feet to 500 feet (Figure 1). The maximum depth is 24 feet, and the mean depth is 13 feet. Lake depth contours are depicted in Figure 3. A Sediment Type Map for Steel Lake is depicted in Figure 4. The entire watershed of Steel Lake lies within the City of Federal Way. Land Use Land use in the watershed is primarily comprised of single-family residences (Figure 1, Figure 2, and Table 1). Steel Lake Park, multi-family residences, and vacant land comprise most of the remaining land in the watershed. It should be noted that the sub- basin boundary in Figure 1 and land use estimates in Table 1 are for Redondo Creek sub- basin CPR3, which includes an additional acreage to the north and west of the lake outlet. In addition, thirteen percent (13%) of the Central Puget Sound basin, which includes the Steel Lake and Redonodo Creek watershed, is available for re-development, including 21 parcels on Steel Lake (11 vacant and I0 re-developable). There are 631 residential properties in CPR3. Table 1. Land Use Estimates for the Steel Lake Watershed (Subbasin CPR3) Land Use Classification (Acres) (Percent) Commercial 2.9 0.96 Industrial 0.2 0.07 Multi-Family 11.1 3.6 Office 2.8 0.92 STEEL LAKE IAVMP APRIL 3. 2003 Common Ownership 1.7 0.57 Park 24.6 8.1 Quasi-public 2.2 0.73 Religious Services 3.8 1.2 Single Family 149.8 49.3 Vacant 47.0 15.4 Steel Lake 47.4 15.6 Wetlands 10.4 3.4 Watershed 303 100 TOTAL 303 Shoreline Use Steel Lake includes 7,123 feet of shoreline (Table 2). The majority'of the shoreline includes lake frontage adjacent to single-family property (5,315 feet). Public access to the lake is from Steel Lake Park, owned and managed by the City of Federal Way. The Park is located on the south shore of the lake, and includes a public beach area. A public boat launch, also located on the south shore near the park, is owned by the Washington Department of Fish and Wildlife (WDFW). There are eleven (11) undeveloped parcels around the lake. The largest undeveloped parcel (092104 9012) is located at the northwest corner, and has a shoreline measuring 332 feet, with a portion classified as wetland. Table 2. Shoreline Use Estimates for Steel Lake Shoreline Use Total Frontage % (ft) Single family residential 5315 75 Steel Lake Park 875 12 Undeveloped Parcels 477 6.7 Multi-family 392 5.5 Public Boat Launch 64 0.9 Stream and Wetland Locations Steel Lake forms the headwaters of Redondo Creek. Outflow from the lake generally occurs only during the wet season (November through June). The lake outlet drains in a northwest direction from the west end of the lake, passing through a wetland to a culvert crossing at South 304th Street. The outlet continues to flow in a northwest direction, passing underneath Pacific Highway South and eventually discharging into Puget SOUnd at Redondo Beach in the City of Des Moines. Runoff from the wetland, open space, and development near the northwest portion does not drain into the lake. STEEL LAKE IAVMP APRIL 3, 2003 Wetlands in the Steel Lake Watershed have been mapped by the US Department of Fish and Wildlife as part of the National Wetland Inventory (NWl, 1987). Wetlands in Steel Lake proper have been identified as either open water wetland (lacustrine-limnetic) or aquatic bed wetland (lacustrine-littoral). This wetland areas was surveyed by Sheldon & Associates for the Clty of Federal Way in 1998, which identified it as a Category I wetland as defined by Federal Way city code. The vegetation of the wetland complex was described as a palustrine-scrub- shrub/forested-seasonally flooded wetland adjacent to Steel Lake and a palustrine- emergent-semi-permanently flooded wetland toward the beginning of Redondo Creek. 'On February 24, 2003, a search was conducted by the Washington Department of Natural Resources of the National Heritage Program database for information on rare plants and high quality native ecosystems in the Steel Lake watershed. There is no information on significant features within this study area (Moody, 2003, DNR). Non-point Nutrient Source LoCations The majority of surface water is conveyed to the lake from the 304-acre watershed through the city's stormwater system, and enters the lake via 14 stormwater outfalls located around the perimeter. (Figure 1). The largely urbanized nature of the watershed can be expected to contribute typical urban area nutrient-related pollutants to the lake, in particular nitrogen and phosphorous. Significant pollutant sources in the watershed - including landscaping, gardening, large flocks of Canada geese at Steel Lake Park, and vehicle washing - all have the potential to contribute nutrients into the lake. Lakeshore residences and most of the development in the watershed are connected to the Lakehaven Utility District sanitary sewer system. Lakehaven Utility District does not have a record of a documented sanitary sewer overflow in the Steel Lake region. In addition, Lakehaven does not have records concerning on-site household septic systems (Asbury, 2003, personal communication). Failing septic systems may also be a source of pollutants such as nutrients and bacteria to Steel Lake. The 1995 Steel Lake IAVMPA reported that approximately 35 acres of single-family residences, located in the northwest and northeast portions of the watershed, were served by on-site septiC systems (Federal Way Water and Sewer and RPA, 1992). The King County Health Department does not maintain a list or map of household septic systems, or the incidence of septic system failure in the Steel Lake watershed. Information and as-builts may only be obtained through a request that includes details concerning the specific address or parcel (Bishop, 2003, KC Health). Large concentrations of non-point nutrients can increase the biological productivity of the lake, and stimulate plant growth. Data collected by the King County Lake Stewardship Volunteer Monitoring Program include levels of nitrogen and phosphorous; and concentrations of phytoplankton and chlorophyll. This information is used to calculate the Trophic State Index (TSI) for the lake, a measurement if the lake's health. The most STEEL LAKE IAVMP APRIL 3, 2003 up-to-date water quality data and Tgi values provided by King County Lake Volunteers are included in the Water Quality section of the IAVMP. The City of Federal Way is participating in a Canada geese management program at Steel Lake Park with the US Department of Agriculture (USDA). In 2002, nuisance flocks of geese were removed from the park as a part of this program. In suc6essive years, Parks Department staff will employ non-lethal geese management techniques (using bird- bangers and other harassment tools) to control populations. A reduction in numbers of Canada geese Visiting the park will result in a reduction in nutrients entering the lake. Water SoUrce Steel Lake, located in the City of Federal Way, is 46 acres in size with a watershed area of 243 acres. Steel lake is relatively shallow with a mean depth of 13 feet, a maximum depth of 24 feet, and a lake volume of 600 acre-feet. Physical characteristics of Steel Lake are summarized in Table 3. The majority of surface water enters the lake via 14 stormwater outfalls located around the perimeter of the lake (Figure 1). No streams flow into the lake. Table 3. Physical Characteristics of Steel Lake and Its Watershed Characteristic English Units Metric Units Watershed area 304 acres 98.3 hectares Surface area 47 acres 18.6 hectares Lake volume 600 acre-ft 7.4 x 10s cubic meters Maximum depth 24 feet 7.3 meters Mean depth 13 feet 4.0 meters Lake altitude 440 feet 134.1 meters Shoreline length 1.3 miles 2.1 kilometers Flushinq rate 0.77 times/year 0.77 times/year Water Quality The assessment of biological activity (or trophic state) can be classified into three general categories of lake water quality: oligotrophic, mesotrophic, and eutrophic. Lakes with low concentrations of nutrients and algae and high transparency (or clarity) are considered oligotrophic. A lake with high concentrations of nutrients and algae and low transparency is considered eutrophic. Lakes whose quality ranges between eutrophic and oligotrophic are considered mesotrophic. STEEL LAKE IAVMP APRIL 3, 2003 FINAL DRAFT One of the most common measures used to calculate a lake's water quality classification is the numerical trophic state index (TSI) developed by Robert Carlson (1977). This index allows the easy comparison of lake water quality by relating values for water clarity, phosphorous, and chlorophyll a along atrophic continuum based on a scale of 0 to 100 (Table 4). Table 4. Summary of Summer Water Quality Parameters and Associated Values for the Trophic State Index Trophic State/Biological Activity Secchi Depth Chi-a** (ug/L) TP** (Ug/L) (meter) Oligotrophic/Low >4.0 <2.6 <12 <40 Mesotrophic/Moderate 2.0-4.0 2.6-6.4 12-24 40-50 Eutrophic/High <2.0 >6.4 >24 >50 *Data Source: Carlson, 1977 ** Chl~a chlorophyll a, TP = total phosphorous, and TSI = trophic state index The King County Volunteer Lake Monitoring Program for Steel Lal~e began in the 1980s, and has continued through 2001, with a gap from 1991 through 1993. The following data indicate that Steel Lake is relatively low in primary productivity (borderline oligotrophic to mesotrophic) with very good water quality. No significant trends in water quality were found based on the data record (A Trend Report on King County Small Lakes, November 2001). See historical TSI values for Steel Lake represented in Table 5. Table 5. Avera( e Values for Select Tro ~hic Parameters at Steel Lake* Year # Secchi Chi-a** TP** TSI** TSI TSI TSI Samples (meter) (ug/L) (Ug/L} Secchi Chla TP Ave 1985 12 3.5 2.6 16 42 40 44 42 1986 11 3.4 3.9 16 43 44 44 44 1987 11 3.4 3.1 15 42 43 43 43 10 STEEL LAKE IAVMP APRIL 3, 2003 FINAL 1988 I 3.6 3.6 15 42 43 43 42 1989 12 3.0 4.1 18 44 46 46 45 1990 9 2.9 5.0 16 45 44 44 45 1991 ................ 1992 ................ 1993 ............ 1994 12 3.6 4.6 24 42 50 50 46 1995 12 3.7 5.3 19 41 46 46 45 1996 10 3.9 4.2 17 40 45 45 43 1997 12 3.5 3.8 21 42 48 48 44 1998 13 3.4 5.1 13 42 41 41 43 1999 12 3.7 4.3 12 41 40 40 42 2000 8 4.6 3.3 11 38 39 39 40 *Data Source: A Trend Report on King County Small Lakes, November 2001 ** Cht-a chlorophyll a, TP=total phosphorous, and TSl=trophic state index In 2001, Secchi transparency ranged from 1.0 to 6.0m through the year based on both Level I and Level II records. Water levels rose steadily through winter and dropped steadily after April. Annual water temperatures ranged from 4.5 to 22.5 degrees Celsius. Appendix A includes 2001 Secchi Depth graph (Figure 14), 2001 Precipitation/Lake Level graph (Figure 15), and 2001 Lake Temperature graph (Figure 16). Phytoplankton made a peak in June 2001, and the population was climbing at the end of the sampling season. Early populations of the diatom Cyclotella were replaced by the chrysophyte Dinobryon and the bluegreen Anabaena at peak volume in June 2001. A variety of taxa were present over the summer, but none made a large population until October 2001 when another Dinobryon species began to increase rapidly. Chlorophyll content did not relate closely to the phytoplankton maximum in June 2001, but did show an increase in October 2001. Oscillatori sp., a blue-green algae, was found in small quantities in 2000 and 2001. Moderate blooms of Oscillatori sp. were noted in 2002, and generated a number of citizen complaints. The City of Federal way responded to these complaints by issuing a mild health notice to Steel Lake residents concerning the toxic effects of the algae. See Appendix A for 2001 Phytoplankton and Chlorophyll concentrations (Figures 17,18). Total phosphorus and total nitrogen remained in proportion to each other through the sampling period, with the N:P ratio ranging from 23 to 35. In 2001, the TSI indicators were close together, just above the threshold between oligotrophy and mesotrophy. In 2000, the values were close together, but just below the threshold. Before 2000, relationships changed between the indicators, but all three values were never close 11 STEEL LAKE IAVMP APRIL 3, 2003 FINAL g~AFT together. See Attachment A for 2001 Total Phosphorous/Total Nitrogen graph (Figure 19). The primary source of pollutants to Steel Lake is likely Stormwater runoff discharged from 14 outfalls located at various points on the shoreline, in addition to the runoff that enters the lake directly from shoreline property. Typical pollutants of concern in urban runoff include; suspended solids, nutrients, bacteria, fertilizers, pesticides and toxic substances (e.g., metals and polycyclic aromatic hydrocarbons) Elfish (1986). Eutrophication over time is a process that occurs naturally in some lakes and may be accelerated in others by human activities'. An acceleration of the eutrophication process may result from normal daily activities that occur in the urban environment. For · example, automobiles and road surfaces contribute metals and petroleum products and polycyclic aromatic hydrocarbons, gardening, cleaning and other household activities contribute fertilizers, pesticides, nutrients, and various toxic substances. There is no data available to determine whether these pollutants exist in Steel Lake, and no current evidence of toxic effects. In addition, increases in impervious surfaces associated with land development activities, also result in increased quantities of surface water runoff flowing to the lake. These larger surface water flows often carry loads of nutrients and sediments that stimulate plant growth. This process may result in the overall eutrophication process (A Trend Report on King County Small Lakes, 2001). The Central Puget Sound basin, which includes the Steel Lake basin, is 43% impervious cover. Beneficial and Recreational Uses Table 6 contains a list of characteristic or beneficial uses that Steel Lake provides to area residents, visitors, and wildlife. In particular, the lake supports a large city park, excellent wetland habitat, and a trout-stocking program. It is also important to note that no motorized boats are allowed on the lake. Table 6. List of Beneficial Uses for Steel Lake Beneficial Use Location Swimming Non-motorized Boats Around homes and in City park Entire Lake 12 STEEL LAKE IAVMP APRIL 3, 2003 Fishing Sailing Waterfowl Habitat Aesthetic enjoyment Birdwatching Irrigation Wetland Habitat Wildlife Habitat Trout Stocking City park Fish Habitat Whole lake (Fishing derby at park site) Whole lake Concentrated along western shore In lake and surrounding shoreline Throughout the lake One water right and three claims exist Near the lake outlet (western end of the lake) Crayfish, turtles, and frogs primarily near shore Deep water habitat (No trout spawn in the lake.) Approximately 700 feet of shoreline Spawning (warmwater fish) occurs near docks and lilies in the west end. No salmon spawn in the lake. Wildlife Aquatic noxious weeds (non-native species) can adversely affect the ecological functions and aesthetics in lakes and streams by crowding out native vegetation and creating single species stands. Therefore, it is important to recognize the value of native plant species for fish and wildlife (WDFW, Aquatic Plants and Fish). The fish and wildlife habitat in Steel Lake will greatly improve by removing non-native aquatic plant species (milfoil, fragrant water lily, yellow flag .iris), allowing the native vegetation to thrive. Steel Lake is managed by the Washington Department of Fish and Wildlife (WDFW) as a trout and warm-water fishery. Between 1947 and 1969, the lake was rehabilitated on five occasions by treating with rotenone to reduce populations of spiny-ray fish, and was stocked each year with approximately 7,000 recently hatched (fry) rainbow trout (Salmo gairdneri). Due to the mixed species character of the fish community and the poor survival of trout fry, the fish management program changed in the 1970's by eliminating rotenone treatments and by stocking with trout of catchable size (i.e. between 8 and 12 inches long) in the spring of each year (Pfeifer 1995 personal communication). During 1985 and 1995, a total of 46,635 trout were allotted for release into Steel Lake. During this period, surveys identified the presence of the following other fish species: largemouth bass (Micropterus salmoides), yellow perch (Perca flavescens), pumpkinseed (Lepomis gibbosus), and brown bullhead (Ictalurus melas). Since 1991, an average of 6,000 trout were released into the lake each year. In most years, half of the trout were released directly into the lake during April, prior to opening day of 13 STEEL LAKE IAVMP APRIL 3, 2003 FINAL DRAFT the fishing season. The Other half were released dUring June into a pen near the Steel Lake fishing pier for the opening day fishing derby. Trout not caught in the pen were released into the lake. WDFW stocked Steel Lake in April of 2002. Stocking included: 4,600 rainbow trout (8"-12"); and 650 triploid rainbow trout (sterile, trophy-sized). On May 13 and 16, 2002, WDFW conducted a survey of Steel Lake-to determine fish populations, organized by species count and length measurements. WDFW staff used electro-fishing boat, and gull and fyke nets during the survey. Table 7 contains the results of this survey. Table 7. Steel Lake Total Fish counts by Species and Length Increments WDFW Survey 2002' Total # 62t 148 79 16 37 Sampled Percent 68.9% 16.4% 8.8% 4.1 1.8% Species Yellow Largemouth Pumpkin ~ Rainbow Brown Perch Bass seed Trout Bullhead Size (inches) 1-4 4 88 51 0 0 4-7 415 49 28 0 2 7-11 202 7 0 37 12 11-14 0 I 0 0 2 14-17 0 I 0 0 0 17-19 0 2 0 0 0 In addition, several red swamp crayfish (Procambarus clarkii) were captured during the 2002 WDFW survey. This exotic, aquatic-nuisance species is native to the south central United States, and was most likely introduced to Steel lake as a result of it's use as live bait by anglers, or during an aquarium dumping incident. The impact of this introduction is unknown, but most have had negative consequences (Mueller, WDFW). Red swamp crayfish are voracious herbivores, and may compete against native crayfish for food sources, presenting implications for Steel Lake if they multiply dramatically. Efforts to control red swamp crayfish in Steel Lake will be focused on public education. Signage, provided by the Department of Ecology, is in place at the public boat launch that visually identifies the species and warns lake-users of their presence. Lake residents will also be instructed to destroy the nuisance red swamp crayfish when captured. 14 STEEL LAKE IAVMP APRIL 3, 2003 The Washington Department of Fish and Wildlife (WDFW) conducted a search of the non-game data system for known occurrences of threatened, endangered, and sensitive species of animals in the watershed. Bald eagle nests have been sighted adjacent to Puget Sound, approximately 2 miles west of Steel Lake. In addition, a great blue heron rookery (breeding area) is present 2.5 miles southeast of the lake. Although these species may visit Steel Lake no sightings of these or other priority (sensitive) species have been reported at Steel Lake (Thompson, 1995, pets. comm.). Other priority species that may visit the lake include the following cavity~nesting ducks: wood duck, Barrow's goldeneye, common goldeneye, bufflehead, and hooded merganser. Aquatic Plants and Algae The aquatic plant community in Steel Lake was surveyed by Metro in 1976, 1978, and 1979; by Resource Management, Inc. (RMI) in 1994 and 1995; by Herrera Environmental Consultants in 1996 and 1998; by AquaTechnex in 2001 and 2002; and by in 2003. The relative presence, density, and areal coverage of aquatic plants from 1976 through 2003 is summarized in Table 8. The scope and methodologies of each of these surveys were not similar. For example, some surveys were for all aquatic vegetation and some were only for rnilfoil and species identification was not consistent. Caution should be used when comparing the surveys The following are narratives describing aquatic plant community information and surveys from 1976 to 2003: 1976 - 1993 Metro Surveys During this time period, aquatic plants inhabited approximately 27 acres (59 percent) of the lake (Figures 5 and 6), with submerged macrophytes and macroalgae comprising approximately 18 acres (67 percent) of the total plant area, and floating-leaved plants (waterlilies) comprising the remaining 9 acres (33 percent). Comparison of the 1979 and 1994 pre-treatment survey results indicate that although the total area coverage of submerged macrophytes did not change, the relative density of these plants increased. Therefore, the plant composition changed to include stands ofmilfoil. During the same time period, the area coverage of submerged macroalgae increased, while floating-leaved plants (waterlilies) decreased. The decrease in waterlilies was primarily due to approved herbicide (glyphosate) treatments in addition to non-chemical controls (i.e. mechanical harvesting, bottom barriers, and hand cutting) that occurred during this time period. ~1994 Survey Immediately prior to the 1994 Sonar ® treatment, submerged macrophytes were present in 7.8 acres of the area currently occupied by Nitella (May 1994, Figure 7). Native pondweeds (Potarnogeton amplifolius and P. pusillus) dominated the submerged macrophyte community. Eurasian watennilfoil (Myriophyllum spicatum), was present in 15 STEEL LAKE IAVMP APRIL 3, 2003 FINAL DRAFT 1.3 acres of the lake. Milfoil was not detected during the September 1994 survey (Figure 8). 1995 RMI Survey The RMI survey conducted in May 1995 showed no significant change when compared to the September 1994 post-treatment survey. Aquatic plants inhabited 35 acres (76 percent) of the lake, with submerged macroalgae (Nitella sp.) comprising 31.4 acres (90 percent) of the total plant area. Floating-leaved plants, primarily consisting of Waterlilies (Nymphaea odorata and Nuphar lutea spp. variegata), comprised the remaining 3.6 acres (10 percent). Waterlily growth was characterized by a large population which grew to a maximum depth of 5 feet at the west end of the lake. A few small patches of wateflily were also distributed along the remaining shoreline. Submerged macrophytes such as Large-leaf pondweed (Potam'ogeton amplifolius) and thin-leaf pondweed (Potarnogeton pusillus) were present between depths of 5 and 10 feet at densities too sparse to map. Although they are not shown in the figures, small stands of emergent plants grew along 1,400 feet (20 percent) of the shoreline, covering a total area of 0.4 acres. Yellow flag iris (Iris pseudacorus) and cattail (Typha sp.) dominated the emergent plant commUnity. Marsh cinquefoil (Potentilla palustris) and rushes (Juncas sp. and Eleocharis palustris) were also present (RMI 1994, 1995; Parsons 1995 personal communication). 1996 Herrera Survey An aquatic plant underwater survey was conducted on July 1 and 2, 1996. The survey was intended to document the presence, condition, and abundance of aquatic plant species in Steel Lake (Figure 9). Phytoplankton growth reduced visibility to approximately 10 feet, thus a limited area of the lake was surveyed. This level of effort was considered adequate by Herrera personnel for the purposes of the evaluation. Neither milfoil nor other submerged, non-native, and invasive aquatic plants were present in the area surveyed. The composition, distribution, and density of the aquatic plant community was reported to be similar to that observed prior to the 1994 lake treatment with Sonar®. Floating-leafed plants were dominated by fragrant waterlily,, and distributed similarly as was documented in 1994 (at the west end of the lake). The only variation included a reduction in a small area between transects 49 and 53; and between transects 47 and 49 near the north shore. Submerged macroalgae dominated the aquatic plant community, and again was similar to 1994 levels. Chara schweinitzii dominated the shallow region (shoreline to 12 feet); and Nitellaflexilis dominated the deeper region of the lake between 12 and 17 feet. These populations appear to have been recovering from the 1994 Sonar® treatment, but had not become dense enough to significantly impair the recreational use of the lake. 16 STEEL LAKE IAVMP APRIL 3, 2003 FINAL DRAFT ~ubmerged macrophytes were typically present at relatively low densities (less than 25 percent coverage). Their distribution, density, and diversity appeared to have increased since the 1994 post-treatment survey - but not to nuisance levels. Small-leafed pondweed, (or thin-leafed pondweed), Potamogeton pusillus, was the dominant submerged macrophyte reported. 1998 Herrera Survey An aquatic plant underwater survey was conducted on June 15 and 17, 1998. The survey was intended to document the presence, condition, and abundance of aquatic plant species in Steel Lake. Survey methods employed were similar to those used in 1996. Neither milfoil nor other submerged, non-native aquatic plants were present in the area surveyed. Native species of submerged macrophytes and macroalgae were present in a healthy condition along each transect from shore to a maximum depth of approximately 15 feet (Figure 10). Floating-leafed plants were dominated by fragrant waterlily, and distributed similarly as was documented in the 1998 survey. Again, as in 1996, Potamogeton pusillus, (small-leaved pondweed) was the dominant submerged macrophyte. Najasfexilis (naiad) was commonly present in shallow waters less than 8 feet deep. The distribution of naiad was higher in 1998 than in 1996. Submerged macroalgae dominated the aquatic plant communityagain in 1998. Chara schweinitzii dominated the shallow region (less than 8 feet); and Nitellaflexilis dominated the deeper region of the lake between 12 and 15 feet. These populations were still not dense enough to significantly impair the recreational use of the lake. 2001 AquaTechnex Survey This survey, conducted in the summer of 2001 for King County through a grant from the Department of Ecology, was very limited. Milfoil plants were found along the north shoreline during the diver survey of the lake (Figure 11). The milfoil colonies were estimated to be less than 3 acres in size, and at a pioneering level of infestation. The report stressed the threat posed to other local water bodies, and indicated that the objective should be eradication of the milfoil. It recommended that an intense survey of the littoral zone of the lake be conducted in 2002 to detect expansion .of the population. In addition, the report pointed out that Steel Lake would be eligible for a Department of Ecology Early Infestation Grant, which should be pursued by the appropriate jurisdiction. A yearly budget of $10,000 was presented that would cover aquatic plant management efforts if the control program started in 2002. The report warned that it was probable that the weed would expand dramatically, by 2003 if no action were taken, and that a Sonar® treatment protocol might then be required to remove this plant. The estimated cost for this approach would be $38,000. 2002 AquaTechnex Survey 17 STEEL LAKE IAVMP APRIL 3, 2003 On August 16, a complete underwater survey was conducted to identify and map all milfoil plants and their densities. Milfoil was found in several locations throughout the littoral zone, with the southwest corner exhibiting the largest and most dense (heavy) colonies. Lesser dense colonies (moderate) were found along the eastern shoreline and in the bay in the north eastern corner of the lake. Most of the northern shoreline of the lake contained small patches (sparse) around residential docks (Figure 12). The size of the milfoil plants ranged from single stems 6-12 inches long, to multiple stems 2-5 feet long originating from a single root crown. Many milfoil plants in the southwest corner of the lake had reproductive structures (flowers) above the surface of the water. 'At the time of the survey, milfoil was estimated to be colonizing approximately five (5) acres. The survey indicated the presence of more than 50 milfoil plants. Diver hand removal, diver dredging and/or application 0fbottom burlap barriers were deemed to be impractical for the extent of infestation. AquaTechnex obtained an general NPDES Noxious Weed Permit to apply the aquatic herbicide 2,4-D (AquaK. leen®). On August 26, affected areas of Steel Lake was treated with 2,4-D by spray gun at a rate of 100 pounds per acre. On August 27 and 30, City of Federal Way Surface Water Management (SWM) staff collected post treatment lake samples pursuant to the Early Infestation Grant Agreement with the Department of Ecology. Samples were collected using a Wildco Alpha 2.2 liter Van Dom style water bottle. Samples were retrieved from various depths, and combined into individual composite samples. Samples were analyzed for chlorinated herbicides by USEPA 8151 GC/MS Modified. Concentrations of 2,4-D were unexpectedly low. On September 30, SWM staff inspected the lake to determine the effectiveness of treatment. Low light conditions prevented an accurate evaluation. On October 4, SWM staff accompanied AquaTechnex staff, and concluded that there were no surviving milfoil plants in the treated areas (north, eastern, and western portions) of the lake. The dead plants were brown in color, stripped of leaves, with only dead stems connected to their root crowns. No reproductive structures remained above the surface of the water. 2003 Survey Inse,'.rt '20'03i, SUrvey info in':~:$~i~' g AQUATIC PLANT CHARACTERIZATION 18 STEEL LAKE IAVMP APRIL 3, 2003 Plant Type Description Based upon the findings contained in the 2003 Steel Lake Aquatic Plant Survey, the following includes the characteristics of the dominant species for each type of aquatic plants: Emergent; Rooted Floating-Leaved Plants; Submerged Macrophytes; and Submerged Macroalgae. The 2003 Steel Lake aquatic plant survey found three (3) listed noxious weed species: Eurasian watermilfoil (Myriophyllum spicatzim), fragrant water lily (Nyrnphaea odorata), and yellow flag iris. These species will be the focus of the plant management efforts on Steel Lake. Noxious weeds are legally defined by Washington's Noxious Weed Control Law (RCW 17.10). The term "noxious weed" refers to those non-native plants that are highly. destructive, competitive, or difficult to control once established. Noxious weeds have usually been introduced accidentally as a contaminant or as ornamentals. Non-native plants often do not have natural predators (i.e. herbivores, pathogens) or strong competitors to control their numbers as they may have had in their home range. WAC 16.750 sets out three classes (A, B, C) of noxious weeds based on their distribution in the state, each class having different control requirements. County Weed Boards are given some discretion as to setting control priorities for Class B and C weeds. Native Plant Species NATIVE EMERGENT PLANTS There are no dominant native Emergent Plant types noted in Steel Lake. NATIVE ROOTED FLOA TING-LEA VED PLANTS There are no dominant native Rooted Floating-Leaved Plant types noted in Steel Lake. NATIVE SUBMERGED MACROPHYTES Small-leafed pondweed (Potarnogeton pusillus) (The following information was obtained in par/from the Department of Ecology website) Small and leafy pondweeds grow in similar habitats and look alike. They also resemble other aquatic plants with thin leaves and delicate stems. These pondweeds have long, narrow leaves and, except for an occasional flower spike that briefly rises above the water, they remain underwater for their entire lives. Because the narrow leaved 19 STEEL LAKE IAVMP APRIL 3, 2003 FINAL DRAFT pondweeds look so much alike, close attention must be paid to minute details to distinguish between them. The stem is slender and profusely branched, often having with small paired yellowish glands at the leaf base. The flower appears in 1-4 whorls on spikes measuring 3-15 mm long, not always above the water. The root is fibrous, from the base of the plant, and is often non-rhizomatous. The plant's seeds and winter buds form at the lateral branch tips and near the leaf bases. It's seeds and vegetation provide cover and food for aquatic animals. Naiads (Naja flexilis) (The following information was obtained in part from the Department of Ecology website) Naiads (or slender water-nymph and common water-nymph) are completely submerged annual plants, although they are often found as floating fragments. They have opposite leaves that are often clustered near the tips of the stems. The leaf base is much wider than the rest of the leaf blade, which helps to distinguish the naiads from other underwater plants. These plants have inconspicuous flowers and fruits that are almost completely hidden by the leaf bases. Naiad pollination takes place underwater. The plants have glossy, green, and finely toothed leaves that are oppositely arranged, but appear to be whorled near ends of the stems2 The leaves are long and narrow with broad bases that clasp the stem, and taper to a long point 1-3 cm long and 1-2 mm wide. The stem is slender, limp and branched up to 2 m long and easily broken. The flower is inconspicuous, tiny (2-3 mm), and is located in clusters at the base of the leaves. Male and female flowers occur separately on the same plant. Naiad pollen is transported by water currents. The fruit is a small, oval-shaped fruit is located in the leaf bases, and are present in late summer. The entire plant is eaten by waterfowl. Naiads are considered to be one of their most important food sources. They also provide shelter for small fish and insects. NATIVE SUBMERGED MACROALGAE (The fo/lowing information was obtained in part from the Department of Ecology website) Plant-like algae (Chara, spp) Although these common lake inhabitants look similar to many underwater plants, they are actually algae. Chara are green or gray-green colored algae that grow completely submersed in shallow (4 cm) to deep (20 m) water. Individuals can vary greatly in size, 2O STEEL LAKE IAVMP APRIL 3, 2003 ranging from 5 cm to 1 m in length. The main "stem" of Chara bear whorls of branchlets, clustered at regularly spaced joints. When growing in hard water, Chara sometimes become coated with lime, giving them a rough gritty feel. These algae are identifiable by their strong skunk-like or garlic odor, especially evident when crushed. Algae lack true leaves. Six to 16 leaf-like branchlets of equal length grow in whorls around the stem, and are never divided. These branchlets often bear tiny thorn-like projections, which give the plant a rough or prickly appearance when magnified. They also lack true stems. The round, stem-like structure varies from 5 cm to over 1 m in length. Chara, like other algae, do not produce flowers. Instead, microscopic one-celled sex organs called oogonia are formed. These tiny organs and patterns in the cases that surround them are used to distinguish between species. Tiny spores are produced in fruiting bodies. In some species the fruiting bodies are orange and very conspicuous. In addition, Chara may be attached to the bottom by root-like structures called holdfasts. Plant-like algae (Nitella, sp.) Nitellas are bright green algae that often are mistaken for higher plants because they appear to have leaves and stems. These long, slender, delicate, smooth-textured algae lie on the bottom of a lake or pond and are seldom found in the water column. They are found growing in shallow to deep waters of soft water or acid lakes and bogs. They often grow in deeper water than flowering plants and frequently form a thick carpet or grow in clumps along the bottom. Whorls of forked branches are attached at regularly spaced intervals along the "stems". Nitellas sometime grow together with muskgrasses (Chara spp.), another plant-like algae, to form underwater meadows. The plant has no true leaves. Six-eight evenly forked branchlets grow in whorls at regularly spaced intervals along the "stem". Unlike the rough branchlets of most muskgrasses (Chara spp.), nitella branchlets have a smooth texture. Nitellas have no true stems, but have hollow, stem-like structures that have whorls of forked branches along their entire length. The largest nitella species have "stems" up to 2 m long. The plant does not bear flowers. Instead nitellas have microscopic spore-producing organs. Male organs grow at the base of the branchlets. Female organs are located in a cluster on the sides of the branchlets below the male organs. Nitellas produce spores (which are iransported by wildlife) rather than fruits, and lack roots. The plants may be attached to the bottom by root-like structures called holdfasts or floating free above the sediment. 21 STEEL LAKE IAVMP APRIL 3, 2003 FINAL DRAFT They provide cover for fish, food for fish and waterfowl, and stabilizes the sediment. Because nitellas have no roots, they remove nutrients directly from thcwater. Nitellas are considered desirable species in Washington. Non-Native Plant Species NON-NA TIVE EMERGENT PLANTS Yellow flag iris (Iris pseudacorus) Yellow flag iris is native to mainland Europe, the British Isles, and the Mediterranean region of North Africa (Washington State Noxious Weed Control Board, 200la). This plant was introduced widely asa garden ornamental. It has also been used for erosion control. The earliest collection in Washington is from Lake McMurray in Skagit County in 1948 (Washington State Noxious Weed Control Board, 2001 a). The yellow flowers are a distinguishing characteristic, and when not flowering it may be confused with cattail (Typha sp.) or broad-fruited bur-reed (Sparganium eurycarpum). Yellow flag iris is considered an obligate wetland species (OBL), with a >99% probability of occurring in wetlands as opposed to upland areas (Reed, 1988). The plants produce large fruit capsules and corky seeds in the late summer. Yellow flag iris spreads by rhizomes and seeds. Up to several hundred flowering plants may be Connected rhizomatously. Rhizome fragments'can form new plants. Yellow flag iris can spread by rhizome growth to form dense stands that can exclude even the toughest of our native wetland species, such as Typha latifolia (cattail). In addition to threatening plant diversity, this noxious weed can also alter hydrologic dynamics through sediment accretion along the shoreline. This species produces prolific seeds that could easily be transported downstream to invade other valuable resource areas. NON-NA TIVE ROOTED FLOA TING-LEA VED PLANTS Fragrant water lily, white water lily (Nymphaea odorata) (The following information was obtained in part from the Department of Ecology website) Fragrant water lily is a Class C Noxious Weed. Fragrant water lilies (Nymphaea odorata) are water plants with floating leaves and large many-petaled fragrant blossoms. The hardy white and (sometimes) pink lilies have become naturalized in Washington lakes and rivers. These plants are native to the eastern United States and it is believed that the water lily was introduced to Washington in the late 1800s. Water lilies have been intentionally planted in many Washington lakes, especially those lakes in western 22 STEEL LAKE IAVMP APRIL 3, 2003 F ~,~AL ~RAFT Washington. Lake residents are strongly discouraged from planting fragrant waterlilies in lakes or natural waterbodies because they are aggressive plants, and sometimes "hitchhiker" plants such as hydrilla can also be introduced to our lakes when water lilies are planted. Of 15 lakes surveyed in 1994 in King County, Nymphaea odorata appeared on the species list of all 15 lakes. Shallow lakes are particularly vulnerable to being totally covered by fragrant waterlilies. Left unmanaged, waterlilies will restrict lake-front access and eliminate swimming opportunities. Requests for waterlily control represent a high percentage of the herbicide permit requests received by the Department of Ecology. Water lilies grow in dense patches, excluding native species and even creating stagnant areas with low oxygen levels underneath the floating mats. These mats make it difficult to fish, water ski, swim, or even paddle a canoe through. Although relatively slow-spreading, Water lilies will eventually colonize shallow water depths to six feet deep and can dominate the shorelines of shallow lakes. For this reason, planting water lilies in lakes is not recommended. Waterlilies provide excellent cover for largemouth bass, sunfish, a.nd frogs. However, when allowed to grow in dense stands, the floating leaves prevent wind mixing and extensive areas of low oxygen can develop under waterlily beds during the summer. When managed to form a patchy distribution interspersed with open water, waterlilies can provide excellent habitat. Water lilies reproduce by seed and also by new plants sprouting from the large spreading roots (underground stems called rhizomes). A planted rhizome will cover about a 15-foot diameter in about five years. Each spring (April) new shoots appear from the rhizomes and grow up through the water until they reach the .surface. The flowers appear from June to September. After the flowers have closed for the final time, the flower stalk "corkscrews" and draws the developing fruit below the water. The plant senesces in the fall and over-winters as the rhizome. Root systems are tenacious, and if pieces of the rhizome are broken offduring control efforts, they will drift to other locations and establish a new patch of lilies. Because of their large, showy flowers, water lilies are easy to identify when flowering. They have white or pink showy flowers. When not in flower look for: · Nearly-circular floating leaves, up-to-11 inches in diameter. · The underside of the leaf is often red or purple with numerous veins. · The stem is attached to the center of the leaf. · The leaves each have a deep cleft to the stem. NON-NA TIVE SUBMERGED MA CROPHYTES 23 STEEL LAKE IAVMP APRIL 3, 2003 FINAL DRAFT (The following information was obtained in part from the Department of Ecology website) Eurasian watermilfoil (Myriophyllum spicatum) Eurasian watermilfoil (milfoil) is a Class B Noxious Weed. Milfoil is an attractive plant with feathery underwater foliage. Once commonly sold as an aquarium plant, milfoil originated from Europe and Asia. It was introduced to North America 50 to 100 years ago. The first known specimen of milfoil in Washington was collected from Lake Meridian near Seattle in 1965. By the mid 1970s it was also found in Lake Washington. Now milfoil is found throughout the Northwest; and in western Washington, has followed the Interstate 5 corridor. Milfoil is an extremely adaptable plant, able to tolerate and even thrive in a variety of environmental conditions. It grows in still to flowing waters, grows rooted in water depths from 1 to 10 meters (regularly reaching the surface while growing in water 3 to 5 meters deep), and can survive under ice. Relative to other submersed plants, milfoil requires high light, has a high photosynthetic rate, and can grow over a broad temperature range. Milfoil grows best on fine-textured, inorganic sediments and relatively poorly on highly organic sediments. Because it is widely distributed and difficult to control, milfoil is considered to be the most problematic plant in Washington. The introduction of milfoil can drastically alter a waterbody's ecology. Milfoil forms very dense mats of vegetation on the surface of the water. These mats interfere with recreational activities such as swimming, fishing~ water skiing, and boating. The sheer mass of plants can cause flooding and the stagnant mats can create good habitat for mosquitoes. Milfoil mats can rob oxygen from the water by preventing the wind from mixing the oxygenated surface waters to deeper water. The dense mats of vegetation can also increase the sedimentation rate by trapping sediments. Milfoil also starts spring growth sooner than native aquatic plants and can shade out these beneficial plants. When milfoil invades new territory, typically the species diversity of aquatic plants declines. While some species of waterfowl will eat milfoil, it is not considered to be a good food source. Milfoil adversely impacts aquatic ecosystems by forming dense canopies that often shade out native vegetation. Mono-specific stands of milfoil provide poor habitat for waterfowl, fish, and other wildlife. Significant rates of plant sloughing and leaf turnover, as well as the decomposition of high biomass at the end of the growing season, increase the internal loading of phosphorus and nitrogen to the water column. Dense milfoil mats alter water quality by raising pH, decreasing oxygen under the mats, and increasing temperature. Milfoil exhibits an annual pattem of growth. In the spring, shoots begin to grow rapidly as water temperatures approach ! 5 degrees centigrade. When they near the surface, shoots 24 STEEL LAKE IAVMP APRIL 3, 2003 branch profusely, forming a dense canopy. The leaves below 1-meter senesce in response to self-shading. Typically, plants flower upon reaching the surface (usually in mid to late July). After flowering, plant biomass declines as the result of the fragmentation of stems. Where flowering occurs early, plant biomass may increase again later in the growing season and a second flowering may occur. During fall, plants die back to the root crowns, which sprout again in the spring. In some areas, like western Washington, milfoil frequently over-winters in an evergreen form and may maintain considerable winter biomass. Milfoil plants do not form specialized over-wintering structures such as turions. Carbohydrate storage occurs throughout over-wintering shoots and roots. Although Milfoil can potentially spread by both sexual and vegetative means, vegetative spread is considered the major method of reproduction. During the growing season, the plant undergoes auto-fragmentation. The abscising fragments often develop roots at the nodes before separation from the parent plants. Fragments are also produced by wind and wave action and boating activities, with each fragment having the potential to develop into a new plant. Milfoil can easily be transported from lake to lake on boat trailers or fishing gear. Once introduced, milfoil also may spread rapidly and can infest an entire lake within two years of introduction to the system. Some tips to identify milfoil: · Count the pairs of leaflets. Milfoil usually has twelve or more pairs on each leaf. · Milfoil leaves tend to collapse around the stem when removed from the water. Other milfoil species have thicker stems and are usually more robust. · The mature leaves are typically arranged in whorls of four around the stem. AQUATIC PLANT CONTROL ALTERNATIVES The aquatic plant management goals are based on controlling four plant communities: milfoil, fragrant water lily, native submerged plants, and yellow flag iris. The feasibility of different plant control techniques depends on the specific aquatic plant and the degree of control desired. This section outlines common methods used to control aquatic weeds. Much of the information in this section is quoted directly from the Department of Ecology's web'itc. Additional information is derived from the field experience of the King County Noxious 25 STEEL LAKE IAVMP APRIL 3, 2003 Weed Control Program, in particular from Drew Kerr, Aquatic Noxious Weed Specialist and WSDA licensed aquatic herbicide applicator. Recommendations found in the 2001 draft version of the "King County Regional Milfoil Plan" have also been taken into consideration. Control/eradication methods discussed herein include Aquatic Herbicide, Manual Methods, Bottom Screens, Diver Dredging, Biological Control, Rotovation, Cutting, Harvesting, and Drawdown. Aquatic Herbicides Description Aquatic herbicides are chemicals specifically formulated for use in water to eradicate or control aquatic plants. Herbicides approved for aquatic use by the United States Environmental Protection Agency (EPA) have been reviewed and considered compatible with the aquatic environment when used according to label directions. However, individual states may also impose additional constraints on their use. Aquatic herbicides are sprayed directly onto floating or emergent aquatic plants, or are applied to the water in either a liquid or pellet form. Systemic herbicides are capable of killing the entire plant by tranlocating from foliage or stems and killing the root. Contact herbicides cause the parts of the plant in contact with the herbicide to die back, leaving the roots alive and capable of re-growth (chemical mowing). Non-selective herbicides will generally affect all plants that they come in contact with, both monocots and dicots. Selective herbicides will affect only some plants (usually dicots - broad leafed plants like Eurasian watermilfoil will be affected by selective herbicides whereas monocots like Brazilian elodea and our native pondweeds may not be affected). Because of environmental risks from improper application, aquatic herbicide use in Washington State waters is regulated and has Certain restrictions. The Washington State Department of Agriculture must license aquatic applicators. In addition, because of a March 200l court decision (Federal 9th Circuit District Court), coverage under a discharge permit called a National Pollutant Discharge Elimination System (NPDES) permit must be obtained befOre aquatic herbicides can be applied to some waters of the U.S. This ruling, referred to as the Talent Irrigation District decision, has further defined Section 402 of the Clean Water Act. Ecology has developed a general NPDES permit which is available for coverage under the Washington Department of Agriculture for the management of noxious weeds growing in an aquatic situation and a separate general permit for nuisance aquatic weeds (native plants) and algae control. For nuisance weeds (native species also referred to as beneficial vegetation) and algae, applicators and the local sponsor of the project must obtain a NPDES permit from the Washington Department of Ecology before applying herbicides to Washington water bodies. - Although there are a number of EPA registered aquatic herbicides, the Department of Ecology currently issues permits for four aquatic herbicides (as of 2002 treatment 26 STEEL LAKE IAVMP APRIL 3, 2003 FINAL DRAFT season). Several other herbicides are undergoing review and it is likely that other chemicals may be approved for use in Washington in the future. As an example, Garlon 3A is due to be approved by the U:S. EPA for aquatic use before spring 2003. The chemicals that are currently permitted for use in 2002 are: Rodeo® or Aquamaster® is a systemic non-selective herbicide is.used to control floating-leaved plants like water lilies and shoreline plants like purple loosestrife and yellow flag iris. It's active ingredient is glyphosate. It is generally applied as a liquid to the leaves. Rodeo® or Aquamaster® does not work on underwater plants such as Eurasian watermilfoil. Although glyphosate is a non-selective herbicide, a good applicator can somewhat selectively remove targeted plants by focusing the spray only on the plants to be removed. Plants take several weeks to die. A repeat application is often necessary to remove plants that were missed during the first application. Note: there are now other glyphosate products available, like Aquamaster®, with the exact formulation as Rodeo® but with different trade names now that the patent has expired. Additional surfactants are often added to improve the penetration of the leaf cuticle and help the herbicide stay on the plant long enough to be effective. Those that may be used for emergent weed control include X-77, LI-700, and R-11 as approve~t by the SEPA process. 2~4-D is a systemic, selective herbicide used for the control of Eurasian watermilfoil and other broad-leaved species. Formulations of 2,4-D include: · Navigate® and AquaKieen® - Active ingredient 2,4-D BEE. These granular products contain the low-volatile butoxyethyl-ester (BEE) formulation of 2,4-D. 2,4- D is a relatively fast acting selective, systemic herbicide. It is applied in a granular formulation and can be effective for spot treatment of Eurasian watermilfoil. When used at a rate of 100 pounds per acre, 2,4-D has shown to be selective to Eurasian watermilfoil, leaving native aquatic species relatively unaffected. · DMA*4IVM® - Dimethylamine Salt of 2,4-D. This is a liquid formulation that is labeled for aquatic weed control. Since 2,4-D DMA (like 2,4-D BEE) is rapidly converted to 2,4-D acid, the two products should be equally effective in controlling Eurasian watermilfoil. Previously, 2,4-12) DMA was only registered for this use in dams and reservoirs of the Tennessee Valley Authority (TVA) System, but is now approved for use in Washington. It has recently been used to successfully control Eurasian watermilfoil in parts of Lake Washington, King County (Dorling, pers. comm.). · Sonar® - Active ingredient fluridone. Sonar~ is a slow-acting systemic herbicide used to control Eurasian watermilfoil and other underwater plants. It may be applied in pelleted form or as a liquid. Fiuridone can show good control of submersed plants where there is little water movement and an extended time for the treatment. Its use is most applicable to whole-lake or isolated bay treatments where dilution can be minimized. It is not effective for spot treatments. It may take six to twelve weeks before the dying plants fall to the sediment and decompose. When used to manage Eurasian watermilfoil, Sonar® is applied several times during the summer to maintain a iow, but consistent concentration in the water. Although fluridone is considered to 27 STEEL LAKE IAVMP APRIL 3, 2003 FINAL' DRAFT be a non-selective herbicide, when used at low concentrations, it can be used to selectively remove Eurasian watermilfoil. Some native aquatic plants, especially pondweeds, are minimally affected by low concentrations of fluridone. Aquathol® - Active ingredient the dipotassium salt of endothall. Aquathol® is a fast-acting non-selective contact herbicide, which destroys the vegetative part of the plant but does not kill the roots. Aquathol® may be applied in a granular or liquid ' form. Generally endothall compounds are used primarily for short-term (one season) control of a variety of aquatic plants. However, there has been some recent research that indicates that when used in low concentrations, Aquathol® can be used to selectively remove exotic weeds, leaving native species unaffected. Because it is fast acting, Aquathol® can be used to treat smaller areas effectively. Them are water use restrictions associated with the use of Aquathol® in Washington. Advantages · Aquatic herbicide application can be less expensive than other aquatic plant control methods. Aquatic herbicides are easily applied around docks and underwater obstructions. 2,4-D DMA & 2,4-D BEE have been shown to be effective in controlling smaller infestations (not lake-wide) of Eurasian watermilfoil in Washington. Washington has had some success in eradicating Eurasian watermilfoil from some smaller lakes (320 acres or less) using Sonar®. Disadvantages · Some herbicides have swimming~ drinking, fishing, irrigation, and water use restrictions. · Herbicide use may have unwanted impacts to people who use the water and to the environment. · Non-targeted plants as well as nuisance plants may be controlled or killed by some herbicides. · Depending on the herbicide used, it may take several days to weeks or several treatments during a growing season before the herbicide controls or kills treated plants. · Rapid-acting herbicides like Aquathol® may cause low oxygen conditions to develop as plants decompose. Low oxygen can cause fish kills. 28 STEEL LAKE IAVMP APRIL 3, 2003 FINAL DRAFT · To be most effective, generally herbicides must be applied to rapidly-growing plants. · Some expertise in using herbicides is necessary in order to be successful and to avoid unwanted impacts. · Many people have strong feelings against using chemicals in water. · Some cities or counties may have policies forbidding or discouraging the use of aquatic herbicides. Permit Requirements A NPDES permit is needed for the use of aquatic herbicides. Both the noxious and nuisance NPDES permits require the development of integrated aquatic vegetation management plan by the third year of control work. Monitoring may also be required. For noxious weed control, apply to the Washington Department of Agriculture for coverage under their NPDES permit each treatment season. There is no permit or application fee to obtain coverage under Agriculture's permit. Costs Approximate costs for one-acre herbicide treatment (costs will vary from site to site): · DMA*4IVM®: $500-700 · Navigate® and AquaKleen®: $500-700 · Rodeo® or Aquamaster(g): $250 · Sonar®: $900 to $1,000 Human Health and Fish and Wildlife Considerations As far as restrictions for aquatic 2,4-D applications, there is a 1 -day swimming restriction, no fishing restriction, and three to five days after treatment the water is generally below the drinking water standard (70 ppb, irrigation standard is 100 ppb for broad-leafed plants). There is no irrigation restriction for watering lawns. This chemical has a low acute toxicity (from an LD50 standpoint, is less toxic than caffeine and slightly more toxic than aspirin). Based on the low dermal absorption of the chemical, the dose of the chemical received from skin contact with treated water is not considered significant (Washington State Dept. of Ecology, 2001b). Recent, state-of-the-art EPA studies continue to find that it is not considered a carcinogen or mutagen, nor does it cause birth defects. It has a relatively short persistence in aquatic systems, since it tends to bind to 29 STEEL LAKE IAVMP APRIL 3, 2003 FINAL DRAFT organic matter in the sediments. The herbicide 2,4-D generally does not bioaccumulate to a great extent, and the small amounts which do accumulate are rapidly eliminated once exposure ceases (Washington State Department of Ecology, 2001 b). Based on laboratory data reported in the Department of Ecology's Risk Assessment of 2,4-D, 2,4-D DMA has a low acute toxicity to fish (LC50 = >100 to-524 mg a.i./L for the rainbow trout and bluegill sunfish respectively). No Federally sensitive/threatened or endangered species were tested with 2,4-D DMA. However, it is likely that endangered salmonids would not exhibit higher toxic effects to 2,4-D DMA than those seen in rainbow trout. Since the maximum use rate of 2,4-D DMA would be no higher than the maximum labeled use rate (4.8 mg a.i./L) even the most sensitive fish species within the biota should not suffer acute impacts from the effects of 2,4-D DMA. In conclusion, 2,4- D DMA will not effect fish or free-swimming invertebrate biota acutely or chronically when applied at typical use rates of 1.36 to 4.8 mg a.i.FL (Washington State Dept. of Ecology, 200lb). However, more sensitive species of benthic invertebrates like glass shrimp may be affected by 2,4-D DMA, but 80 and 90% of the benthic species should be safe when exposed to 2,4-D DMA acutely or chronically at rates re.commended on the label. Field work indicates that 2,4-D has no significant adverse impacts on fish, free- swimming invertebrates and benthic invertebrates, but well designed field studies are in short supply. According to the Department of Ecology's Risk Assessment of 2,4-D, in the United States, 2,4-D BEE is the most common herbicide used to control aquatic weeds. 2,4-D BEE, has a high laboratory acate toxicity to fish (LC50 =.0.3 to 5.6 mg a.i./L for rainbow trout fry and fathead minnow fingerlings, respectively). Formal risk assessment indicates that short-term exposure to 2,4-D BEE should cause adverse impact to fish since the risk quotient is above the acute level of concern of 0.01 (RQ = 0.1 ppm/0.3 ppm = 0.33). However, the low solubility of 2,4-D BEE and its rapid hydrolysis to 2,4-D acid means" fish are more likely to be exposed to the much less toxic 2,4-D acid. 2,4-D acid has a toxicity similar to 2,4-D DMA to fish (LC50 = 20 mg to 358 mg a.i./L for the common carp and rainbow trout, respectively). In contrast, formal risk assessment with 2,4-D acid indicates that short-term exposure to 2,4-D BEE should not cause adverse impact to fish since the risk quotient is below the federal level of concern of 0.01 (RQ = 0.! ppm/20 ppm = 0.005). To conclude, 2,4-D BEE will have no significant imPact on the animal biota acutely or chronically When using applied rates recommended on the label (Washington State Dept. of Ecology, 200lb). Although laboratory data indicates that 2,4- D BEE may be toxic to fish, free-swimming invertebrates and benthic invertebrates, data indicates that its toxic potential is not realized under typical concentrations and conditions found in the field. This lack of field toxicity is likely due to the low solubility of 2,4-D BEE and its rapid hydrolys, is to the practically non-toxic 2,4-D acid within a few hours to a day following the application. Glyphosate is practically nontoxic by ingestion, with a reported acute oral LD50 of 5600 mg/kg in the rat. Technically, glyphosate acid is practically nontoxic to fish and may be slightly toxic to aquatic invertebrates (EXTOXNET, 1996). Some formulations may be 30 STEEL LAKE IAVMP APRIL 3, 2003 more toxic to fish and aquatic species due to differences in toxicity between the salts and the parent acid,.or to surfactants used in the formulation. There is a very low potential for the compound to build up in the tissues of aquatic invertebrates or other aquatic organisms. Glyphosate is moderately persistent in soil, with an estimated average half-life of 47 days. It is strongly adsorbed to most soils, even those with lower organic and clay content. Thus, even though it is highly soluble in water, field and laboratory studies show it does not leach appreciably, and has low .potential for runoff (except as adsorbed to colloidal matter). One estimate indicated that less than 2% of the applied chemical is lost to runoff. Microbes are primarily responsible for the breakdown of the product, and volatilization or photodegradation losses will be negligible. In water, glyphosate is strongly adsorbed to suspended organic and mineral matter and is broken down primarily by microorganisms. Suitability for Steel Lake Aquatic herbicides can provide an effective method for control and eventual eradication of noxious weeds. The use of a formulation of 2,4-D should provide excellent initial control of Eurasian watermilfoil while allowing for the more-appropriate spot treatments for future scattered infestation. Annual surveys, public education, effective and spot treatments as necessary will be sufficient to control and eradicate milfoil. Therefore, the potential for future lake-wide fluridone treatments with fluridone (Sonar®) will be reduced substantially. The granular formulations of 2,4-D BEE found in Navigate® and AquaKleen® has been shown to be highly effective for spot treatment of milfoil in Steel Lake. The time-released nature of these granular formulations is less susceptible to drift. Liquid formulations can drift off target as a result of wind and/or boat activity. Therefore, liquid formulations have a slightly higher risk of injuring off-target organisms. In addition, granular applications are visible - the applicator can direct the product directly onto the target plants. The granules adhere to the leaves, increasing the effectiveness (Vandermeulen, personal communication). However, impacts to resident fish populations in the short term would be greatest with the use of 2,4-D BEE as it has a high acute toxicity before its hydrolysis to 2,4-D acid. Steel Lake does not appear to have anadromous salmonids. According to King County's Hylebos and Lower Puget Sound Basin Plan, salmon habitat potentially exists on the lower reach of Redondo Creek into Federal Way. However, the stream is likely blocked to salmon migration due to a culvert at the mouth of the stream where the lower most 500 feet of the channel is piped, and likely presenting an impassable barrier to migrating fish. (Hylebos Creek and Lower Puget Sound Basins Current and Future Conditions Report). Therefore, the choice of treatment methodologies is not limited by the presence of anadromous salmonids. Glyphosate should be very effective on the Other target species: fragrant water lily, and yellow flag iris. Westerdahl and Getsinger (1988) report excellent control of the fragrant 31 STEEL LAKE IAVMP APRIL 3, 2003 water lily with glyphosate. Generally g!yphosate is the recommended herbicide for water lily control because it can be applied directly to the floating leaves, unlike fluridone or endothall which must be applied to the water. The application of glyphosate allows specific plants or areas of plants to be targeted for removal. Generally two applications of glyphosate are needed. The second application later in the summer controls the plants that were missed during the first herbicide application. The control effectiveness of fragrant water lily is easy to measure through visual surveys due to the floating leaves. Glyphosate should also provide excellent systemic control of yellow flag iris. This species has an abundant leaf surface area to absorb the chemical for translocation to the rhizome. The use of an herbicide will enable the elimination of the mature plants without potentially destructive disturbance of the shoreline by excavation. One of the main reasons to eradicate milfoil and fragrant water lily is to maintain the health of the native aquatic plant community for all of the species that utilize them in their life cycles, as well as for the human recreational uses. The nature of the control methods to be implemented will minimize impacts to native aquatic vegetation. The control of the Eurasian watermilfoil and fragrant water lily will be conducted by methods designed to preserve (and eventually enhance or conserve) the native plant communities. Herbicide selective to Eurasian watermilfoil will be used for its control and should not require a whole-lake treatment that would expose all the submersed plants to the herbicide. The herbicide for the fragrant water lily will be applied to the leaves, and therefore should be easily focused to kill only the target vegetation. The application of herbicide to the emergent species (yellow flag iris) will also be conducted by manual spot applications. An experienced herbicide applicator can selectively target individual weed species and limit collateral damage to other species to a minimum. This is especially true when infestations are small so that large areas with a diverse plant distribution don't have to be treated. Since the emergent noxious weed infestations at Steel Lake are still confined largely to the shoreline, it should be relatively simple for the control applicator to avoid collateral damage and preserve the native .plant community. The need to revegetate after controlling the milfoil and fragrant water lily is unknown at this time. It is anticipated that removal of the invasive vegetation will promote growth of native plants. The g0al is to have at least 40% native aquatic vegetative cover. The annual survey will help determine whether there is sufficient native vegetation to support aquatic wildlife. In the terrestrial environment, bare ground will often be colonized rapidly by invasive species, but this is not usually a problem in lacustrine areas. A drawback of using herbicides is the "uplifting" of mats of decomposing water lily roots that can form large floating islands in the waterbody after the herbicides have killed the plants. These floating mats may become problematic, especially at the west end of the lake where a larger area is covered with fragrant water lily. Often these large islands float to the east end of the lake landing on the shoreline. 32 STEEL LAKE IAVMP APRIL 3, 2003 Manual Methods Hand-Pulling Hand-pulling aquatic plants is similar to pulling weeds out of a garden. It involves removing entire plants (leaves, stems, and roots) from the area of concern and disposing of them in an area away from the shoreline. In water less than three feet deep no specialized equipment is required, although a spade, trowel, or long knife may be needed if the sediment is packed or heavy. In deeper water, hand-pulling is best accomplished by divers with SCUBA equipment and mesh bags for the collection of plant fragments. Some sites may not be suitable for hand pulling such as areas where deep flocculent sediments may cause a person hand pulling to sink deeply into the sediment. Cutting Cutting differs from hand pulling in that plants are cut and the root§ are not removed. Cutting is performed by standing on a dock or on shore and throwing a cutting tool out into the water. A non-mechanical aquatic weed cutter is commercially available. Two single-sided, razor sharp stainless steel blades forming a "V" shape are connected to a handle, which is tied to a long rope. The cutter can be thrown about 20 - 30 feet into the water. As the cutter is pulled through the water, it cuts a 48-inch wide swath. Cut plants rise to the surface where they can be removed. Washington State requires that cut plants be removed froln the water. The stainless steel blades that form the V are extremely sharp and great care ~nust be taken with this implement. It should be stored in a secure area where children do not have access. Raking A sturdy rake makes a useful tool for removing aquatic plants. Attaching a rope to the rake allows removal of a greater area of weeds. Raking literally tears plants from the sediment, breaking some plants off and removing some roots as well. Specially designed aquatic plant rakes are available. Rakes can be equipped with floats to allow easier plant and fragment collection. The operator should pull towards the shore because a substantial amount of plant material can be collected in a short distance. Cleanup All of the manual control methods create plant fragments. It's important to remove all fragments from the water to prevent them from re-rooting or drifting onshore. Plants and fragments can be composted or added directly to a garden. Advantages 33 STEEL LAKE IAVMP APRIL 3, 2003 Manual methods are easy to use around docks and swimming areas. · The equipment is inexpensive. · Hand-pulling allows the flexibility to remove undesirable aquatic plants while leaving desirable plants. · These methods are environmentally safe and will not harm aquatic wildlife. · Manual methods don't require expensive permits, and can be performed on aquatic noxious weeds with Hydraulic Project Approval obtained by reading and following the pamphlet Aquatic Plants and Fish (publication #APF-1-98) available from the Washington Department of Fish & Wildlife. Disadvantages · As plants re-grow or fragments re-colonize the cleared area, the treatment may need to be repeated several times each summer. · Because these methods are labor intensive, they may not be prfictical for large areas or for thick weed beds. Even with the best containment efforts, it is difficult to collect all plant fragments, leading to re-colonization. Some plants, like water lilies which have massive rhizomes, are difficult to remove by hand pulling. Pulling weeds and raking stirs up the sediment and making it difficult to see remaining plants. Sediment re-suspension can also increase nutrient levels in lake water. Hand pulling and raking impacts bottom-dwelling animals. The V-shaped cutting tool is extremely sharp and can be dangerous to use. Permit Requirements Permits are required for many types of manual projects in lakes and streams. The Washington State Department of Fish and Wildlife requires a Hydraulic Project Approval permit for all activities taking place in the water including hand pulling, raking, and cutting of aquatic plants. In addition, some projects may require a Shoreline Development permit from the City of Federal Way. Costs · Hand-pulling costs up to $130 for the average waterfront lot for a hired commercial puller. 34 STEEL LAKE IAVMP APRIL 3, 2003 A commercial grade weed cutter costs about $130 with accessories. A commercial rake costs about $95 to $125. · A homemade weed rake costs about $85 (asphalt rake is about $75 and the rope costs 35-75 cents per foot). Other Considerations Manual methods must include regular scheduled surveys to determine the extent of the remaining weeds and/or the appearance of new plants after eradication has been attained. Manual methods have the potential for missing milfoil plants, especially after stirring up sediments. Manual methods have the potential for fragmentation, exacerbating the existing milfoil problem Suitability for Steel Lake · Annual diver hand-pulling should be sufficient to remove a portion of re-emerging milfoil plants. In combination with herbicide treatments (when needed), manual methods used to contain and control, can effectively combat milfoil re-infestations in subsequent years. · Cutting can be used to control small areas of fragrant water lily, especially those close to the shoreline. Using this method out in the open water would require a stable boat (not canoe) and great care not to injure oneself or another passenger. Since repeated cutting over several seasons may be required to starve the roots, this would fit best as a supplement to other control methods. · Manual efforts are much more difficult on yellow flag iris since the plants don't emerge from simple stems that can be cut, and they arise from massive rhizomes inhibiting pulling or digging. The growth area may also be dangerous for volunteers or homeowners due to the deep muck along the lakesh0re. · Because there is a large amount of root mass associated with the iris, a significant effort is ne6essary to remove by excavation, an activity that may potentially distm:b other plant communities. This would also expose the face of the peat layer, which could contribute to desiccation and disintegration of the other beneficial plant colony edges. This could lead to water quality problems. Diver Dredging Diver dredging (suction dredging) is a method whereby SCUBA divers use hoses attached to small dredges (often dredges used by miners for mining gold from streams) to :35 STEEL LAKE IAVMP APRIL 3. 2003 suck plant material from the sediment. The purpose of'diver dredging is to remove all parts of the plant including the roots. A good operator can accurately remove target plants, like Eurasian watermilfoil, while leaving native species untouched. The suction hose pumps the plant material and the sediments to the surface where they are deposited into a screened basket. The water and sediment are returned back to the water column (if the permit allows this), and the plant material is retained. The turbid water is generally discharged to an area curtained off from the rest of the lake by a silt curtain. The plants are disposed of on shore. Removal rates vary from approximately 0.25 acres per day to one acre per day depending on plant density, sediment type, and diver efficiency. Diver dredging is more effective in areas where softer sediment allows easy removal of the entire plants, although water turbidity is increased with softer sediments. Harder sediment may require the use of a knife or tool to help loosen sediment from around the roots. In very hard sediments, milfoil plants tend to break off leaving the roots behind and defeating the purpose of diver dredging. In a large-scale operation in western Washington, two years of diver dredging reduced the population of milfoil by 80 percent (Silver Lake, Everett). Diver dredging is less effective on plants where seeds, turions, or tubers remain in the sediments t6 sprout the next growing season. For that reason, Eurasian watermilfoil is generally the target plant for removal during diver dredging operations. Advantages · Diver dredging can be a very selective technique for removing pioneer colonies of Eurasian watermilfoil. · Divers can remove plants around docks and in other difficult to reach areas. · Diver dredging can be used in situations where herbicide use is not an option for aquatic plant management. Disadvantages · Diver dredging is very expensive. · Dredging stirs up large amounts of sediment. This may lead to the release of nutrients or long-buried toxic materials into the water column. · Only the tops of plants growing in rocky or hard sediments may be removed, leaving a viable root crown behind to initiate growth. · Acquisition of permits may take more than a year. Permit Requirements Permits are required for many types of projects in lakes and streams. Diver dredging requires Hydraulic Approval from the Department of Fish and Wildlife and a Temporary Modification of Water Quality Standards from Ecology. The city and county must be reviewed for any local requirements before proceeding with a diver-dredging project. 36 STEEL LAKE IAVMP APRIL 3, 2003 Also diver dredging may require a Section 404 permit from the U.S. Army Corps of Engineers. Costs Depending on the density of the plants, specific equipment used, and disposal requirements, costs can range from a minimum of $1,500 to $2,000 per day. Other Considerations · Might be good spot control method in subsequent years (coordinated with diver survey) Suitability for Steel Lake As with diver hand pulling, diver dredging could be used after the initial herbicide applications to remove plants that were missed or unaffected by the herbicide. However, permit costs may warrant having this work done as diver hand pulling since the roots should be largely removed from the loose sediments without the need for dredging. Diver dredging greatly disturbs sediments and can affect nutrient concentrations and algal production in the lake (see Disadvantages above). If other removal techniques are suitable, diver dredging should not be considered. Bottom Barriers A bottom screen or benthic barrier covers the sediment like a blanket, compressing aquatic plants while reducing or blocking light. Materials such as burlap, plastics, perforated black Mylar, and woven synthetics can all be used as bottom screens. Some people report success using pond liner [naterials. There is also a commercial bottom screen fabric called Texel, a heavy, felt-like polyester material, which is specifically designed for aquatic plant control. An ideal bottom screen should be durable, heavier than water; reduce or block light, prevent plants from growing into and under the fabric, be easy to install and maintain, and should readily allow gases produced by rotting weeds to escape without "ballooning" the fabric upwards. 'Even the most porous materials, such as window screen¢ will billow due to gas buildup. Therefore, it is very important to anchor the bottom barrier securely to the bottom. Unsecured screens can create navigation hazards and are dangerous to swimmers. Anchors must be effective in keeping the material down and must be regularly checked. Natural materials such as rocks or sandbags are preferred as anchors. The duration of weed control depends on the rate that weeds can grow through or on top of the bottom screen, the rate that new sediment is deposited on the barrier, and the durability and longevity of the material. For example, burlap may rot within two years, 37 STEEL LAKE IAVMP APRIL 3, 2003 plants can grow through window screening material, and can .grow on top of felt-like Texel fabric. Regular maintenance is essential and can extend the life of most bottom barriers. Bottom screens will control most aquatic plants, however freely-floating species will not be controlled by bottom screens. Plants like Eurasian watermilfoil will send out lateral surface shoots and may canopy over the area that has been screened giving less than adequate control. In addition to controlling nuisance weeds around docks and in swimming beaches, bottom screening has become an important tool to help eradicate and contain early infestations of noxious weeds such as Eurasian watermilfoil and Brazilian elodea. Pioneering colonies that are too extensive to be hand pulled can sometimes be covered with bottom screening material. For these projects, burlap with rocks or burlap sandbags can be used for anchors. By the time the material decomposes, the milfoil patches will be dead as long as all plants were completely covered. Snohomish County staff reported native aquatic plants colonizing burlap areas that covered pioneering patches of Eurasian watermilfoil. When using this technique for Eurasian watermilfoil eradication projects, divers should recheck the screen within a few weeks to make sure that all milfoil plants remain covered and that no new fragments have taken root nearby. Bottom screens can be installed by the homeowner or by a commercial plant control specialist. Installation is easier in winter or early spring when plants have died back. In summer, cutting or hand pulling the plants first will facilitate bottom screen installation. Research has shown that much more gas is produced under bottom screens that are installed over the top of aquatic plants. The less plant material that is present before installing the screen, the more successful the screen will be in staying in place. Bottom screens may also be attached to frames rather than placed directly onto the sediment. The frames may then be moved for control of a larger area. Advantages · Installation of a bottom screen creates an immediate open area of water. · Bottom screens are easily installed around docks and in swimming areas. · Properly installed bottom screens can control up to 100 percent of aquatic plants. · Screen materials are readily available and can be installed by homeowners or by divers. Disadvantages · Because bottom screens reduce habitat by covering the sediment, they are suitable only for localized control. 38 STEEL LAKE IAVMP APRIL 3, 2003 For safety and performance reasons, bottom screens must be regularly inspected and maintained. · Harvesters, rotovators, fishing gear, propeller backwash, or boat anchors may damage or dislodge bottom screens. · Improperly anchored bottom screens may create safety hazards for boaters and swimmers. · Swimmers may be injured by poorly maintained anchors used to pin bottom screens to the sediment. · Some bottom screens are difficult to anchor on deep muck sediments. · Bottom screens interfere with fish spawning and bottom-dwelling animals. · Without regular maintenance aquatic plants may quickly colonize the bottom screen. Permit Requirements Bottom screening in Washington requires hydraulic approval, obtained free from the Department of Fish and Wildlife. Check with your local jurisdiction to determine whether a shoreline permit is required. Costs Barrier materials cost $0.22 to $1.25 per square foot. The cost of some commercial barriers includes an installation fee. Commercial installation costs vary depending on sediment characteristics and type of bottom screen Selected. It costs up to about $750 to have 1,000 square feet of bottom screen installed. Maintenance costs for a waterfront lot are about $120 each year. Other Considerations · None Suitability for Steel Lake · Infested areas are too scattered or are too large to use a bottom barrier without becoming cost prohibitive. · Barriers could be effective in dense milfoil areas that have shown resistance to 2,4-D herbicide applications. · Barriers could be used to eradicate localized infestations. 39 STEEL LAKE IAVMP APRIL 3, 2003 Biological Control General Overview Many problematic aquatic plants in the western United States are non-indigenous species. Plants like Eurasian watermilfoil have been introduced to North America from other continents. Here they grow extremely aggressively, forming monocultures that exclude native aquatic plants and degrade fish and wildlife habitat. Yet, often these same species are not aggressive or invasive in their native range. This may be in part because their populations are kept under control by insects, diseases, or other factors not found in areas new to them. The biological control of aquatic plants focuses on the selection and introduction of other organisms that have an impact on the growth or reproduction of a target plant, usually from their native ranges. Theoretically, by stocking an infested waterbody or wetland with these organisms, the target plant can be controlled and native plants can recover. Classic biological control uses control agents that are host specific..These organisms attack only the species targeted for Control. Generally these biocontrol agents are found in the native range.of the nuisance aquatic plants and, like the targeted plant, these biocontrol agents are also non-indigenous species. With classic biological control an exotic species is introduced to control another exotic sPecies. However, extensive research must be conducted before release to ensure that biological control agents are host specific and will not harm the environment in other ways. The authors of Biological Control of Weeds - A Worm Catalogue of Agents and Their Target Weeds state that after 100 years of using biocontrol agents, there are only eight examples, world-wide, of damage to non-target plants, "none of which has caused serious economic or environmental damage..." Search for a classical biological control agent typically starts in the region of the world that is home to the nuisance aquatic plant. Researchers collect and rear insects and/or pathogens that appear to have an impact on the growth or reproduction of the target species. Those insects/pathogens that appear to be generalists (feeding or impacting other aquatic plant species) are rejected as biological control agents. Insects that impact the target species (or very closely related species) exclusively are considered for release. Once collected, these insects are reared and tested for host specificity and other parameters. Only extensively researched, host-specific organisms are cleared by the United States for release. It generally takes a number of years of study and specific testing before a biological control agent is approved. Even with an approved host-specific bio-control agent, control can be difficult to achieve. Some biological control organisms are very successful in controlling exotic species and others are of little value. A number of factors come into play. It is sometimes difficult to establish reproducing populations of a bio-control agent. The ease of collection of the bio-control and placement on the target species can also have a role in the effectiveness. Climate or other factors may prevent its establishment, with some species not proving capable of over-wintering in their new setting. Sometimes the bio-control insects become 4O STEEL LAKE IAVMP APRIL 3. 2003 prey for native predator species, and sometimes the impact of the insect on the target plant just isn't enough to control the growth and reproduction of the species. People who work in this field say that the more biological control species that you can put to work on a problem plant, the better success you will have in controlling the targeted species. There are some good examples where numerous biological .control agents have had little effect on a targeted species, and other examples where one bio-control agent was responsible for the complete control of a problem species. However, even when biological control works, a classic biological control agent generally does not totally eliminate all target plants. A predator-prey cycle establishes where increasing predator populations will reduce the targeted species. In response to decreased food supply (the target plant is the sole food source for the predator), the predator species will decline. The target plant species rebounds due to the decline of the predator species. The cycle continues with the predator populations building in response to an increased food supply. Although a successful biological control agent rarely eradicates a problem species, it can reduce populations substantially, allowing native species to return. Used in an integrated approach with other control techniques, biological agents can stress target plants making them more susceptible to other control methods. A number of exotic aquatic species have approved classic biological control agents available for release in the US. These species include Hydrilla, water hyacinth, alligator weed, and purple loosestrife. Another type of biological control uses general agents such as grass carp (see below) to manage problem plants. Unlike classical bio-control agents, these fish are not host specific and will not target specific species. Although grass carp do have food preferences, under some circumstances, they can eliminate all submersed vegetation in a waterbody. Like classic biological control agents, grass carp are exotic species and originate from Asia. In Washington, all grass carp must be certified sterile before they can be imported into the state. There are many waterbodies in Washington (mostly smaller sites) where grass carp are being used to control the growth of aquatic plants. During the past decade a third type of control agent has emerged. In this case, a native insect that feeds and reproduces on northern milfoil (MyriophylIurn sibericurn) which is native to North America, was found to also utilize the non-native Eurasian watennilfoil (Myriophyllurn spicaturn). Vermont government scientists first noticed that Eurasian watermilfoil had declined in some lakes and brought this to the attention of researchers. It was discovered that a native watermilfoil weevil (Euhrychiopsis lecontei) feeding on Eurasian watermilfoil caused the stems to collapse. Because native milfoil has thicker stems than Eurasian watermilfoil, the mining activity of the larvae does not cause it the same kind of damage. A number of declines of Eurasian watermilfoil have been documented around the United States and ~'esearchers believe that weevils may be implicated in many of these declines. 41 STEEL LAKE IAVMP APRIL 3, 2003 Several researchers around the United States (Vermont, Minnesota, Wisconsin, Ohio, & Washington) have been working to determine the suitability of this insect as a bio-control agent. The University of Washington is conducting research into the suitability of the milfoil weevil for the biological control of milfoil in Washington lakes and rivers. Surveys have shown that in Washington the weevil is found more often in eastern Washington lakes and it seems to prefer more alkaline waters. However, it is also present in cooler, wetter western Washington. The most likely candidates for use as biological controls are discussed in the following section. Grass Carp The grass carp (Cteno pharynogodon), also known as the white amur, is a vegetarian fish native to the Amur River in Asia. Because this fish feeds on aquatic plants, it can be used as a biological tool' to control nuisance aquatic plant growth. In some situations, sterile (triploid) grass carp may be permitted for introduction int° Washington waters. Permits are most readily obtained if the lake or pond is privately owned, has no inlet or outlet, and is fairly small. The objective of using grass carp to control aquatic plant growth is to end up with a lake that has about 20 to 40 percent plant cover, not a lake devoid of plants. In practice, grass carp often fail to control the plants, or in cases of overstocking, all the submersed plants are eliminated from the waterbody. The Washington Department of Fish and Wildlife determines the appropriate stocking rate for each waterbody when they issue the grass carp-stocking permit. Stocking rates for Washington lakes generally range from 9 to 25 eight- to eleven-inch fish per vegetated acre. This number will depend on the amount and type of plants in the lake as well as spring and summer water temperatures. To prevent stocked grass carp from migrating out of the lake and into streams and rivers, all inlets and outlets to the pond or lake must be screened. For this reason, residents on waterbodies that support a salmon or steelhead run are rarely allowed to stock grass carp into these systems. Once grass carp are stocked in a lake, it may take from two to five years for them to · control nuisance plants. Survival rates of the fish will vary depending on factors like presence of Otters, birds of prey, or fish disease. A lake ,will probably need restocking about every ten years. . . Success with grass carp in Washington has been varied. Sometimes the same stocking rate results in no control, control, or even complete elimination of all underwater plants. Bonar et. Al. Found that only 18 percent of 98 Washington lakes stocked with grass carp at a median level of 24 fish per vegetated acre had aquatic plants controlled to an intermediate level. In 39 percent of the lakes, all submersed plant species were eradicated. It has become the consensus among researchers and aquatic plant managers around the country that grass carp are an all or nothing control option. They should be stocked only in waterbodies where complete elimination of all submersed plant species can be _ tolerated. 42 STEEL LAKE IAVMP APRIL 3, 2003 Grass carp exhibit definite food preferences and some aquatic plant species will be consumed more readily than others. Pauley and Bonar performed experiments to evaluate the importance of 20 Pacific Northwest aquatic plant species as food items for grass carp. Grass carp did not remove plants in a preferred species-by-species sequence in multi- species plant communities. Instead they grazed simultaneously on palatable plants of similar preference before gradually switching to less preferred groups of plants. The relative preference of many plants was dependent upon what other plants Were associated with them. The relative preference rank for the 20 aquatic plants tested was as follows: Potamogeton crispus (curly leaf pondweed) = P. pectinatus (sago pondweed) > P. zosteriformes (fiat-stemmed pondweed) > Chara sp.(muskgrasses) = Elodea canadensis (American waterweed) = thin-leaved pondweeds Potamogeton spp. > Egeria densa (Brazilian elodea) (large fish only) > P. praelongus (white-stemmed pondweed) = Vallisneria americana (Water celery) > Myriophyllum spicatum (Eurasian watermilfoil) > Ceratophyllum demersum (coontail) >Utricularia vulgaris (bladderwort) > Polygonurn amphibium (water smartweed) > P. natans (floating leaved pondweed) > P. amplifolius (big leaf pondweed) > Brasenia schreberi (watershield) = Juncus sp.(rush) > Egeria densa (Brazilian elodea) (fingerling fish only) > Nymphaea sp. (fragrant water lily) > Typha sp. (cattail) > Nuphar sp. (spatterdock). Generally in Washington, grass carp do not consume emergent wetland vegetation or water lilies even when the waterbody is heavily stocked or over stocked. A heavy stocking rate of triploid grass carp in Chambers Lake, Thurston County resulted in the loss of most submersed species, whereas the fragrant water lilies, bog bean, and spatterdock remained at pre-stocking levels. A stocking of 83,000 triploid grass carp into Silver Lake Washington resulted in the total eradication of all submersed species, including Eurasian watermilfoil, Brazilian elodea, and swollen bladderwort. However, the extensive wetlands surrounding Silver Lake have generally remained intact. In southern states, grass carp have been shown to consume some emergent vegetation (Washington State Department of Ecology, 2002). Grass carp stocked into Washington lakes must be certified disease free and sterile. Sterile fish, called triploids because they have an extra chromosome, are created when the fish eggs are subjected to a temperature or pressure shock. Fish are verified sterile by collecting and testing a blood sample. Triploid fish have slightly larger blood cells and can be differentiated from diploid (fertile) fish by this characteristic. Grass carp imported into Washington must be tested to ensure that they are sterile. Because Washington does not allow fertile fish within the state, all grass carp are imported into Washington from out of state locations. Most grass carp farms are located in the southern United States where warmer weather allows for fast fish growth rates. Large shipments are transported in special trucks and small shipments arrive via air. Some facts about grass carp: · Are only distantly related to the undesirable European carp, and share few of its habits. 43 STEEL LAKE IAVMP APRIL 3. 2003 · Generally live for at least ten years and possibly much longer in Washington State waters. Will grow rapidly and reach at least ten pounds. They have been known to reach 40 pounds in the southern United States. Feed only on plants at the age they are stocked into Washington Waters. Will not eat fish eggs, young fish or invertebrates, although baby grass carp are omnivorous. · Feed from the top of the plant down so that mud is not stirred up. However, in ponds and lakes where grass carp have eliminated all submersed vegetation the water becomes turbid. Hungry fish will eat organic material out of the sediments. · Have definite taste preferences. Plants like Eurasian milfoil and coontail are not preferred. American waterweed and thin leaved pondweeds are preferred. Water lilies are rarely consumed in Washington waters. · Are dormant during the winter. Intensive feeding starts when whter temperatures reach 68° F. · Prefer flowing water to still waters (original habitat is fluvial). · Are difficult to recapture once released. · They may not feed in swimming areas, docks, boating areas, or other sites where there is heavy human activity. Advantages · Grass carp are inexpensive compared to some other control methods and offer long- term control, but fish may need to be restocked at intervals. · Grass carp offer a biological alternative to aquatic plant control. Disadvantages · Depending on plant densities and types, it may take several years to achieve plant control using grass carp and in many cases control may not occur. · If the waterbody is overstocked, all submersed aquatic plants may be eliminated. Removing excess fish is difficult and expensive. · The type of plants grass carp prefer may also be those most important for habitat and for waterfowl food. · If not enough fish are stocked, less-favored plants, such as Eurasian milfoil, may take over the lake. · Stocking grass carp may lead to algae blooms. 44 STEEL LAKE IAVMP APRIL 3, 2003 FINAL DRAFT · All inlets and outlets to the lake or pond must be screened to prevent grass carp from escaping into streams, rivers, or other lakes. Permit Requirements Stocking grass carp requires a fish-stocking permit from the Washin. gton Department of Fish and Wildlife. Also, if inlets or outlets need to be screened, an Hydraulic Project Approval. application must be completed for the screening project. Costs In quantities of 10,000 or more, 8 to 12 inch sterile grass carp can be purchased for about $5.00 each for truck delivery. The cost of small air freighted orders will vary and is estimated at $8 to $10 per fish. The costs for researchers to locate, culture, and test bio-control agents is high. Once approved for use, insects can sell for $1.00 or more per insect. Sometimes it is possible to establish nurseries where weed specialists can collect insects for reestablishment elsewhere. Other Considerations · Would not achieve immediate results - takes time and is not guaranteed to work. · Community may have concerns with introduced species. · Potential damage to the native plant community of the lake, which could result in the establishment of aggressive other plant species as pioneers. · Concerns from fishermen about grass carp · Initial investment very expensive · The introduction of grass carp has generally been discouraged by State agencies, especially in systems like Steel Lake. Suitability for Steel Lake Grass carp are not suitable for aquatic plant control in Steel Lake. The infestation of milfoil has not reached a level where a bio-control such as grass carp would be necessary. Their preferred food species include the dominant submersed native aquatic species in Steel Lake, which might be grazed before the milfoil. They could remove all the beneficial plants that support a healthy fish population. Without cover and the invertebrates associated with beneficial native aquatic vegetation, the system would be degraded and some species (invertebrates, fish, etc.) may be extirpated. The lake also has an outlet stream that eventually flows into Puget Sound, making it much more difficult to obtain the permits necessary to stock grass carp. Watermilfoil Weevil 45 STEEL LAKE IAVMP APRIL 3, 2003 The following information and citations on the watermilfoil weevil are taken from the Washington State Department of Ecology's website on Aquatic Plant Management. The milfoil weevil, Euhrychiopsis lecontei, has been associated with declines of Eurasian watermilfoil (Myriophyllum spicatum) in the United States (e.g. Illinois, Minnesota, Vermont, and Wisconsin). Researchers in Vermont found that the milfoil weevil can negatively impact Eurasian watermilfoil by suppressing the plants growth and reducing its buoyancy (Creed and Sheldon 1995). In 1989, state biologists rePorted that Eurasian watermilfoil in Brownington Pond, Vermont had declined from approximately 10 hectares (in 1986) to less than 0.5 hectares. Researchers from Middlebury College, Vermont hypothesized that the milfoil weevil, which was present in Brownington Pond, played a role in reducing Eurasian watermilfoit (Creed and Sheldon 1995). During 1990 through 1992, researchers monitored the populations of Eurasian watermilfoil and the milfoil weevil in Brownington Pond. They found that by 1991 Eurasian watermilfoil cover had increased to approximately 2.5 hectares (approximately 55-65 g/m2) and then decreased to about 1 hectare (<15 g/m2) in 1992. Weevil abundance began increasing in 1990 and peaked in June of 1992, where 3 - 4 weevils (adults and 1.arvae) per stem were detected (Creed and Sheldon 1995). These results supported the hypothesis that the milfoil weevil played a role in reducing Eurasian watermilfoil in Brownington Pond. Another documented example where a crash of Eurasian watermilfoil has been attributed to the milfoil Weevil is in Cenaiko Lake, Minnesota. Researchers from the University of Minnesota reported a decline in the density of Eurasian watermilfoil from 123 g/m2 in July of 1996 to 14 g/m2 in September of 1996. Eurasian watermilfoil remained below 5 g/m2 in 1997, then increased to 44 g/m2 in June and July of 1998 and declined again to 12 g/m2 in September of 1998 (Newman and Biesboer, in press). In contrast, researchers found that weevil abundance in Cenaiko Lake was 1.6 weev. ils (adults and larvae) per stem in July of 1996. Weevil abundance} however, decreased with declining densities of Eurasian watermilfoil in 1996 and by September 1997 weevils were undetectable. In September of 1998 weevil abundance had increased to >2 weevils per stem (Newman and Biesboer, in press). Based on observations made by researchers in Vermont, Ohio and Wisconsin it seems that having 2 weevils (or more) per stem is adequate to control Eurasian watermilfoil. However, as indicated by the study conducted in Cenaiko Lake, Minnesota, an abundance of 1.5 weevils per stem may be sufficient in some cases (Newman and Biesboer, in press). In Washington State, the milfoil weevil is present primarily in eastern Washington and occurs on both Eurasian and northern watermilfoil (M. sibiricum), the latter plant being native to the state (Tamayo et. Al. 1999). During the summer of 1999, researchers from the University of Washington determined the abundance of the milfoil weevil in 11 lakes in Washington. They found, that weevil abundance ranged from undetectable levels to 0.3 weevils (adults and larvae) per stem. Fan Lake, Pend Oreille County had the greatest density per stem of 0.6 weevils (adults, larvae and eggs per stem). The weevils were present on northern watermilfoil. These abundance results are well below the recommendations made by other researchers in Minnesota, Ohio, Vermont, and Wisconsin of having at least !.5 - 2.0 weevils per stem in order to control Eurasian watermilfoil. 46 STEEL LAKE IAVMP APRIL 3, 2003 To date, there have not been any documented declines of Eurasian watermilfoil in Washington State that can be attributed to the milfoil weevil, although Creed speculated that declines of Eurasian watermilfoil in Lake Osoyoos and the Okanogan River may have been caused by the milfoil weevil. In Minnesota, Cenaiko Lake is the only lake in that state that has had a Eurasian watermillbil crash due to the weevil; other weevil lakes are yet to show declines in Eurasian watermilfoil. Researchers in Minnesota have suggested that sunfish predation may be limiting weevil densities in some lakes (Sutter and Newman 1997). The latter may be true for Washington State, as sunfish populations are present in many lakes in the state, including those with weevils. In addition, other environmental factors that may be keeping weevil populations in check in Washington, but have yet to be studied, include over-wintering survival and habitat quality and quantity (Jester et. Al. 1997; Tamayo et. Al., in press). Although the milfoil weevil shows potential as a biological control for Eurasian watermilfoil more work is needed to determine which factors limit weevil densities and what lakes are suitable candidates for weevil treatments in order to implement a cost and control effective program. Advantages · Milfoil weevils offer a biological alternative to aquatic plant control. · They may be cheaper than other control strategies. · Biocontrols enable weed control in hard-to-access areas and can become self- supporting in some systems. · If they are capable of reaching a critical mass, biocontrols can decimate a weed population. Disadvantages · There are many uncertainties as to the effectiveness of this biocontrol in western Washington waters. · There have not been any docUmented declines of Eurasian watermilfoil in Washington State that can be attributed to the milfoil weevil. · Bio-controls often don't eradicate the target plant species, and there would be population fluctuations as the milfoil and weevil follow predator-prey cycles. Permit Requirements The milfoil weevil is native to Washington and is present in a number of lakes and rivers. It is found associated with both native northern milfoil and Eurasian watermilfoil. A company is selling milfoil weevils commercially. However, to import these out-of-state weevils into Washington requires a permit from the Washington Department of Agriculture. As of October 1, 2002 no permits have been issued for Washington. 47 STEEL LAKE IAVMP APRIL 3, 2003 Suitability fOr Steel Lake Since the milfoil weevil is a new bio-control agent, it has not been released yet intentionally in western Washington to control Eurasian watermilfoil. It is uncertain how effective the weevil will be and whether populations per stem can be maintained at levels high enough to eradicate Eurasian watermilfoil. Also, as with the gr.ass carp, the infestation of milfoil in Steel Lake is not heavy enough to warrant bio-cOntrol introduction when other methods are still available. Rotovation Rotovators use underwater rototiller-like blades to uproot Eurasian watermilfoil plants. The rotating blades churn seven to nine inches deep into the lake or river bottom to dislodge plant root crowns that are generally buoyant. The plants and roots may then be removed from the water using a weed rake attachment to the rototiller head or by harvester or manual collection. Harvesting Mechanical harvesters are large machines which both cut and collect aquatic plants. Cut plants are removed from the water by a conveyor belt system and stored on the harvester until disposal. A barge may be stationed near the harvesting site for temporary plant storage or the harvester carries the cut weeds to shore. The shore station equipment is usually a shore conveyor that mates to the harvester and lifts the cut plants into a dump truck. Harvested weeds are disposed of in landfills, used as compost, or in reclaiming spent gravel pits or similar sites. Mechanical Cutting Mechanical weed cutters cut aquatic plants several feet below the water's surface. Unlike harvesting, cut plants are not collected while the machinery operates. SuitabilitY for Steel Lake None of these options are suitable for the level of infestation at Steel Lake. They are not eradication tools, but rather are used to manage and control heavy, widespread infestations of aquatic weeds. These processes create plant fragments, and therefore should not be used in systems where milfoil is not already widespread. In infestation levels recently experienced by Steel Lake, these methods would probably serve to spread and expand the infestation. According to Ecology, "There is little or no reduction in plant density with mechanical harvesting." Since the aim of this project is to eliminate milfoil from the system, these are not compatible control strategies. Harvesting and cutting do not remove root systems. Rotovation would cause damage to the lake 48 STEEL LAKE IAVMP APRIL 3, 2003 sediments and associated animals in a system that does not already receive dredging for navigability. Drawdown Lowering the water level of a lake or reservoir can have a dramatic impact on some aquatic weed problems. Water level drawdown can be used where there is a water control structure that allows the managers of lakes or reservoirs to drop the water level in the waterbody for extended periods of time. Water level drawdown often occurs regularly in reservoirs for power generation, flood control, or irrigation; a side benefit being the control of some aquatic plant species. However, regular drawdowns can also make it difficult to establish native aquatic plants for fish, wildlife, and waterfowl habitat in some reservoirs. Suitability for Steel Lake Drawdown is not a viable control strategy for Steel Lake. The outlet from Steel Lake flows through a wetland to a natural stream system, and does not have a control structure installed. Not only would drawdown be difficult to achieve, it would also cause significant damage to the ecosystem. The amount of drawdown required to impact milfoil would dry out the littoral zone of the lake. This would damage native plants and animals in both the lake and the adjacent wetland and have many negative consequences for residents living around the lake. Without a surface inflow to the system, returning the water level to a previous state would be both cost and time prohibitive. INTEGRATED TREATMENT PLAN The following outlines control measures to be implemented to contain listed noxious weed species, and other identified weed species, in Steel Lake and along the shoreline. These control measures will prevent and/or halt the spread of their invasions and reverse potential lake degradation. In addition, the eradication of noxious weed species will provide the opportunity for the reintroduction of native aquatic plants. The target species are Eurasian watermilfoil (Myriophyllum spicatum), fragrant water lily (Nymphaea odorata), and yellow flag iris (Iris pseudacorus). In addition, native aquatic weeds (i.e. thin-leafed pondweed and submerged macro algae) will be controlled to levels that do not impact public safety or the beneficial uses of the lake; and will be preserved for fish and wildlife habitat. 49 STEEL LAKE IAVMP APRIL 3, 2003 Eurasian watermilfoil (Myriophyllurn spicaturn) The aquatic formulation of 2,4-D (Aquakleen®) was used in Steel Lake the summer of 2002 to control an early infestation of milfoil. Approximately 5 acres were treated around the lake with this herbicide. A follow-up visual survey in late summer of 2002 indicated that the Aquakleen® formulation was extremely effective; and shown to be highly effective for spot treatment of milfoil in Steel Lake. The time-released nature of this granular formulation is less susceptible to drift. Liquid formulations can drift off target as a result of wind and/or boat activity. Therefore, liquid formulations have a slightly higher risk of injuring off-target organisms. In addition, granular applications are visible - the applicator can direct the product directly onto the target plants. The granules adhere to the leaves, increasing the effectiveness (Vandermeulen, personal communication). The preferred formulation for the eradication of pioneering colonies of Eurasian watermilfoil is 2,4-D (Aquakleen® or Navigate®). As described earlier, milfoil can easily be transported from lake to lake on boat trailers or fishing gear, and once introduced it can spread rapidly, infesting an entire lake within two years of introduction to the system. It is widely distributed in Washington and difficult to control. Because of Steel Lake's historical infestations of milfoil, and the danger the introduction of this aquatic weed poses to the lake's ecology, an aggressive but environmentally sound integrated treatment plan has been developed. In Year One (2003), a systematic diver survey will be conducted at the beginning of the growing season (April-May) to identify milfoil colony locations. Selective diver hand- pulling will take place then. Manual methods don't require expensive permits, and can be performed on aquatic noxious weeds with Hydraulic Project Approval obtained by reading and following the pamphlet Aquatic Plants and Fish (publication #APF-1-98) available from the Washington Department of Fish & Wildlife. Spot herbicide treatment with 2,4-D (Aquakleen® or Navigate®) will begin in late May to early June 2003. Approximately 3-acres of milfoil will be estimated to have survived the 2002 treatment, and require selective spot herbicide treatments. A'second diver survey will be performed later in the 2003 growing season to detect stray or surviving milfoil plants; and to assess the effectiveness of the earlier manual and/or herbicide control methods used. During this time, diver hand-pulling will be performed again, if required, to remove milfoil remaining after the herbicide application has had time to take effect. Each successive year will begin with diver surveys of the lake performed at the beginning of the growing season. Following these initial diver surveys, the level of milfoil infestation, if any, will be established. Using the survey information, the Steel Lake Aquatic Plant Advisory Committee will decide upon the preferred control strategy to contain milfoil populations at as low a density as is environmentally and economically feasible. The need for a second annual diver survey will also be determined by the Steel Lake Aquatic Plant Advisory Committee. 5O STEEL LAKE IAVMP APRIL 3, 2003 If significant milfoil re-infestations occur over time (greater than 3 acres), it is possible that the aquatic weed has built-up herbicide resistance. In this case, Triclopyr (Garlon 3A) may be used if fully approved for aquatic use by U.S. EPA and by the State of Washington (late 2004). Milfoil is not known to reproduce from seed in this region, so there is no seed bank to exhaust. Because the aquatic weed is introduced by boat traffic, the severity of re~ infestations cannot be fully predicted or controlled. Potential reintroduction will remain a challenge. Due to this, an annual herbicide spot treatment application will be planned. Since Steel Lake does not currently have prolific plant growth, milfoil should be located easily during the diver survey. Manual control methods should therefore prove to be very effective. The goal of the treatment plan will be to limit annual herbicide treatment, if possible, and control the majority of milfoil re-infestations by diver hand-pulling. But because of the continual threat of re-infestations, annual herbicide treatment of at least 3- acres of milfoil will be conservatively budgeted for each year. Additionally, there should be no need to re-vegetate the areas ofmilfoil after treatment. Most of the native submersed species are monocots (Potamogeton sp.) that should be relatively unaffected by either the 2,4-D (or Triclopyr) application. Removing the noxious invaders will halt the degradation of the system and allow beneficial native vegetation to thrive. Community public education efforts will also continue, including lake resident training in milfoil identification and survey methods. In addition, improved signage will be located in a position approaching the public boat launch to warn boaters before their watercraft enter the water. The NPDES permit coverage requires notification and posting of the waterbody, and these specific protocols will be followed. The NPDES permit also requires monitoring of the herbicide levels in the lake after treatment. Independent samples will be collected at the time of the application and again five days post treatment. One sample is taken from within the treatment area, and one from outside. These four samples (per application) will be sent to an independent laboratory for the analysis. Surveys after the initial application are essential to determining the success of the effort, and will be used to determine what measures need to be implemented to complete the milfoil control. Problems may arise if the same firm that conducted the herbicide application also surveys for the success of the effort. To counter this potential conflict, City of Federal Way and or lake volunteers will conduct these post-treatment surveys. Volunteers from the Steel Lake community will be directly involved with overseeing the implementation of control work to keep the contractors accountable. Fragrant water lily (Nymphaea odorata) 51 STEEL LAKE IAVMP APRIL 3, 2003 Control and containment efforts for fragrant water lily will be conducted on an annual, as- needed basis. In 2002, approximately 8 acres of fragrant water lily were reported to be colonizing the lake, with the majority at the west end of the lake. (Vandermuelen, 2003, personal communication). In 2002, approximately three (3) acres of fragrant water lily were treated with Glyphosate, (primarily at the west end). Glyphosate was selected because of it's effectiveness, low cost, and low environmental impact. This aquatic herbicide is a systemic herbicide absorbed by foliage and passed throughout the plant. Since it kills the tubers, it results in long-term control of the plant community. It also exhibits low toxicity to bottom-dwelling organisms, fish, birds and other mammals, and dissipates quickly. Therefore it is considered to have a low environmental impact. In Year One (2003), a systematic diver survey will be conducted at the beginning of the growing season (April-May) to identify and locate fragrant water lily colonies. The Steel Lake Aquatic Plant Advisory Committee will review the findings of the diver survey, and identify the necessary fragrant water lily control and containment methods (aquatic herbicide and/or manual methods) to be implemented. Herbicide treatment (Glysophate) if required, will begin in late Ma~f to early June. The herbicide will be applied when floating leaves have formed on the water lily (late spring, early summer). The applications may be followed by cutting and removing operations if target plant areas are not killed by the herbicide. Each year, the Steel Lake Aquatic Plant Advisory Committee will review the findings of the annual diver survey, and identify the most effective and ecologically safe control and containment methods required This integrated approach should be sufficient to ensure the control and containment of fragrant water lily to ievels that do not impact public safety or the beneficial uses of the lake. In addition, a year-by-year, systematic eradication of this noxious species will allow for the eventual re-introduction of desirable native aquatic plants. This integrated approach, combined with the Fish Habitat Mitigation Plan described in this IAVMP, will improve fish and wildlife habitat, and the overall ecological health of Steel Lake. A commercially available non-mechanical aquatic weed cutter will be purchased with Lake Management District funds for targeted manual water lily removal when the total acreage is less than one acre~ It would also be available to all property owners who wish to control populations near their docks and waterfronts. The primary advantage of hand- cutting is the low cost. The primary drawback is the high amount of labor required to provide adequate control. There are no depth limitations for hand-cutting, therefore the control zOne may include any portion of the lake containing water lily beds. However, since it requires manual labor, it is best suited for small patches of lilies that may be hindering lake access. Hand-cutting should be performed by the end of the summer before the plants set seed. Because the plant roots (tubers) are not removed using these tools, the duration of the control is comparatively low. The frequency of the application will be dependant upon 52 STEEL LAKE IAVMP APRIL 3, 2003 FINAL DRAFT water depth. Monthly cuts will maintain deep areas, but more frequent cuts may be necessary for areas less than 3 feet deep. Although cut fragments of waterlily will not re- root and grow as some submerged plants do, these fragments should be removed to prevent aesthetic impacts from floating debris and onshore decay of plant materials. Cut fragments float and are best removed with a modified fish seine that encircles small working areas, or is positioned down-wind of the working area. The net should have at least a 1-inch mesh so that it will not trap small fish. Another concern associated with the lily beds is the tendency for large "islands" to separate from the main beds and move out into the lake. These floating islands are a safety hazard; they can be unseen obstacles to boaters and attract children who can sometimes stand on the islands, but who could easily be hurt or drown if they broke through the mat of vegetation. Lake residents have tried various methods of removing these islands, but they are too large and awkward to handle. A technique that was successful at Lake Kathleen (King County) used a water pump and hose to wash sediment off the vegetation. Sections of washed vegetation.were then removed by hand and placed on the boat for later disposal or composting. This technique is recommended for removing lily islands from Steel Lake. The Steel Lake Aquatic Plant Advisory Committee will identify problematic water lily islands, and recruit volunteers from the community to remove these larger sediment mats on an as-needed basis. A Hydraulic Project Approval from Washington Fish & Wildlife is required for this work. Smaller mats may be towed to shore and remove the sediment with hand tools. Other Submerged Plants Immediately following the whole-lake Sonar® treatment in 1994, the submerged plant population (other than milfoil) in Steel Lake maintained at a moderate density. As a result, the small populations have not been causing a significant hindrance to recreational activity. Therefore, the intent of the control plan is to identify the dominant submerged plant community during the annual diver survey, and devise methods that can be used to maintain their density to levels that do not impact the beneficial uses of the lake. In addition, this program will not promote the growth ofmilfoil or other non-native submerged plants. Herbicide application is not anticipated. A moderate level of control will allow the submerged plant community to thrive, and allow a diverse fish and wildlife habitat. Methods considered will be focused on controls that do not adversely affect the existing populations of other native plants. For example, native submerged plants such as Nitella and Najasflexilis do not grow tall enough or are not dense enough to hinder recreation in Steel Lake. These are important plants to protect since they provide valuable wildlife habitat and their presence eliminates plant habitat that might otherwise by available for invasion by one of the more nuisance plant typ~s. 53 STEEL LAKE IAVMP APRIL 3, 2003 F~NAL DRAFT Each year, the Steel Lake Aquatic Plant Advisory Committee will review the findings of the annual diver survey, and determine the need for the implementation of manual methods to control targeted submerged plants. Manual methods don't require expensive permits, and can be performed on aquatic noxious weeds with Hydraulic Project Approval obtained by reading and following the pamphlet Aquatic Plants and Fish (publication #APF-1-98) available from the Washington Department of Fish & Wildlife. Examples of possible manual methods to be employed for control of submerged plants: Depending upon plant densities and whether exotics are detected, additional diver time during the annual survey will be planned for hand-pulling native plants in beds that have been identified as potential problems. In deeper water, hand-pulling is best accomplished by divers with SCUBA equipment and mesh bags for the collection of plant fragments. In water less than three feet deep, homeowners may perform this activity, as no specialized equipment is required, although a spade, trowel, or long knife may be needed if the sediment is packed or heavy. Some sites may not be suitable for hand pulling such as areas where deep flocculent sediments may cause a person hand pulling to sink deeply into the sediment. Hand-pulling of aquatic plants is similar to pulling weeds out of a garden. It involves removing entire plants (leaves, stems, and roots) from the area of concern. They are placed in a mesh bag, and disposed of in an area away from the shoreline, or composted. Cutting differs from hand pulling in that plants are cut and the roots are not removed. Cutting is performed by standing on a dock or on shore and throwing a commercially available non-mechanical aquatic weed cutting tool out into the water. Because of the lower pondweed biomass, hand-cutting for these plants is less labor intensive than that for water lily Control. The equipment would be available to all property owners who wish to control small populations near their docks identified for control by the Aquatic Plant Advisory Committee. In some cases, raking may be identified as a preferred method in removing submerged plants. Attaching a rope'to a rake allows removal of a greater area of weeds. Raking literally tears plants from the sediment, breaking some plants off and removing some roots as well. Specially designed aquatic plant rakes will be purchased for use by lake residents to control small populations near their docks identified for control by the Aquatic Plant Advisory Committee.. Yellow flag iris (Iris pseudacorus) Control and contaimnent efforts on yellow flag iris will be conducted on an annual, as- needed basis. Each year, the Steel Lake Aquatic Plant Advisory Committee will review 54 STEEL LAKE IAVMP APRIL 3, 2003 FINAL DRAFT the findings of the annual plant survey, and approve the methods to be used (aquatic herbicide and/or manual methods) for control and containment of yellow flag iris. Because yellow flag iris appears at the shoreline, individual hmneowners will be responsible for the control of yellow flag iris colonies on their property. Fish Habitat Mitigation Plan The text below is adapted from "Aquatic Plants and Fish" published by the Department of Fish and Wildlife Publication # APF-1-98 Aquatic noxious weeds can adversely affect ecological functions by crowding out native vegetation and creating single species stands. While it is recognized that native aquatic plants can become a nuisance to swimmers and boaters due to excessive growth, it is important to recognize the value of native plant species for fish and wildlife. These native plants provide habitat for fish and wildlife, help stabilize shorelines, produce oxygen, trap beneficial nutrients, and keep sediment in place. For example, pondweed is a critical food source for waterfowl and marsh birds. Pondweed also provides cover from predators for warmwater fish such as perch and bass. Aquatic beneficial plants are defined as native plants (such as pondweeds, bladderwort, or coontail) or non-native plants not included on the King County noxious weed list. Warmwater gamefish often utilize vegetation in the shallow waters of lakes for spawning, early rearing, and feeding. Largemouth and smallmouth bass generally prefer ponds and reservoirs with abundant aquatic vegetation. Bluegill, sunfish and crappie also inhabit vegetated quiet or slow, moving waters for protection from predators. Too much vegetation can result in overpopulation if predators are unable to access prey species, while too little vegetation can also adversely affect the predator-prey balance and result in a decline in the fishery. Aquatic plants provide important living space for insects, snails and crustaceans, which in turn become food for fish and waterfowl. Vegetated areas support many times more of these tiny creatures than to do non-vegetated areas. The plants make important nurseries for young fish, frogs, salamanders, and other amphibians. Several species of reptiles, including turtles, garter snakes and water snakes use these areas for cover and forage. Removal of all non-native plant species within Steel Lake may have a short-term negative impact on warmwater fish populations due to a loss of habitat cover. With removal of the non-native vegetation, areas will likely re-seed with native plant species over the long- term. The recommended extent of native vegetative cover for fish habitat needs is 40% of 55 STEEL LAKE IAVMP APRIL 3, 2003 FINAL DEAFT the lake acreage (WDFW, personal communication). Previous surveys of the lake show an average of 23 acres (50% lake coverage) of submerged native aquatic vegetation. Based upon results of the annual plant survey, the acreage of the native vegetation will be calculated. If there is less than 19 acres (40% coverage of the lake) of native aquatic vegetation cover, the Steel Lake Aquatic Plant Advisory Committee should determine whether mitigation measures are necessary to support wildlife species. If mitigation efforts are deemed necessary, native aquatic vegetation will be planted and/or wooden fish structures placed in the lake to supplement natUral recovery efforts. Native vegetation may include floating leaved rooted plants such as Brasenia schreberi (water-shield); submerged plants such as Ceratophyllum demersurn (coontail), Utricularia vulgaris (common bladderwort), and Potamogeton spp. (pondweeds); and submerged macroalgae such as Chara spp. (muskgrass) and Nitella sp. Fish structures may be composed of wood snags, root wads, or Engineered Large WoodTM secured to the bottom of the lake or some other stable environment. COMMUNITY EDUCATION AND INVOLVEMENT PROGRAM The community education and involvement program for Steel Lake consists of four parts: (1) an Aquatic Plant Advisory Committee to oversee implementation of the plan, (2) a non-native aquatic plant identification and prevention plan, and (3) informational and workshop activities to alert homeowners to stormwater pollution prevention and best management practices (lawn, garden, home care activities) that protects the lake's water quality. Steel Lake Aquatic Plant Management Advisory Committee Proper implementation of the described, plan relies upon formation of a Steel Lake Aquatic Plant Management Advisory Committee. The Aquatic Plant Advisory Committee is to be composed of representatives from the lakefront residential community, the City of Federal Way Surface Water Utility and the City of Federal Way Parks Art Recreation and Cultural Services Department. The duties and responsibilities of the Advisory Committee may be transferred to the Steel Lake Management District Steering Committee when created. The Advisory Committee will have the following responsibilities: · Review annual plant survey information and determine the need for a second annual survey. · Develop an annual aquatic plant management workplan based upon the information revealed in the annual plant sUrveys. The workplan will prioritize aquatic weed problem areas and identify preferred control methods for each species. · Assist the City of Federal Way with oversight of control work to keep contractors accountable. 56 STEEL LAKE IAVMP APRIL 3, 2003 FINAL DRAFT · Participate in preparation of an annual evaluation report that summarizes plant control activities, lake user's perspectives on the plant community, and recommendations for the next year's control strategy. · Assist with presentation of aquatic plant management efforts to lake residents at an annual Steel Lake community meeting. · Ensure that all lake residents, whether legal water rights users or not, receive proper notification pursuant to the requirements of the NPDES Noxious Weed Permit. · Determine and participate in other annual community involvement and education strategies as needed. Non-native Aquatic Plant Identification and Prevention Eradication and control efforts will only be successful if future infestations are prevented, or detected and eliminated soon after detection. Since the re-introduction of non-native aquatic plants to Steel Lake is almost certain, a prevention and detection plan is essential. A more informed community of residents and lake-users will be more likely to identify and report noxious aquatic weeds and other potential problems. There are four main elements to the prevention plan. 1. Annual distribution of educational materials. The Advisory Committee will compile published materials and generate literature specifically related to Steel Lake for distribution to all lakefront residents each year. 2. Annual plant identification workshops. At the annual Steel Lake community meeting, part of the meeting time will review native and non-native aquatic plant identification. Aquatic plant experts could be invited from the Department of Ecology, King County Noxious Weed Control Program, or other experts. 3. Improved signs. Improved noxious weed identification signs will be installed before and at the boat launch, in addition to the existing sign at the water's edge. The improved signs will identify the species of concern and illustrate how boat owners should clean their boats before entering and when leaving the lake. A trash receptacle will be provided next to the signs for proper disposal of the weeds. 4. Boater outreach. Volunteers from the Advisory Committee as well as other lake residents will conduct outreach efforts with boaters during opening day. Boaters will be given educational materials about non-native plants and instructed on how to prevent re-infestation of the lake. Boaters may be approached at the boat launch and/or on the water by other boaters. Non-Point Pollution Prevention Significant sources of nutrients can increase the occurrence of aquatic nuisance species such as cyanobacteria. Reducing the nutrient impacts to the lake will help reduce the outbreak of algae blooms. To protect the lake from water quality degradation, residents within the Steel Lake basin will be provide educational as well as instructional work~hops on how to reduce the amount of nutrients running off of their yards, into the storm drain system, and into Steel Lake. One example of an effective program is King County's 57 STEEL LAKE IAVMP APRIL 3, 2003 FINAL DRAFT Natural Lawn Campaign including the Natural Yard Care program. The City of Federal Way currently participates in the Natural Lawn Campaign through the Solid Waste Division. The Natural Yard Care program is planned for implementation in the Steel Lake basin in Spring 2003. Other issues of concern for the non-point pollution prevention program include 1) maintenance of sewer system and septic fields, 2) reducing residential car washing activities, and 3) disposal of residential hazardous materials such as paints and car fluids. These topics may also be included in the community education and involvement program 'as determined by the Advisory Committee. PLAN EVALUATION The results of the aquatic plant control program must be evaluated against the goals set for the lake. In short, the program will have been a success if: 1) milfoil re-infestations are prevented; 2) the herbicide (glyphosate) treatment and manual controls implemented in designated fragrant water lily areas are successful to an extent that is acceptable by the majority of the lake users, and, 3) manual controls for water lily and native submerged plants are successful, reducing the populations to levels where they do not significantly impact the beneficial uses of the lake; or do not negatively impact fish and wildlife habitat. It should be noted that this is a working plan, it is not necessary that all the goals be achieved by some given date, but instead that the lake plant community is continually being evaluated against these goals and each years control plan is developed accordingly. The annual aquatic plant survey will provide the primary support for the evaluation plan. The results will provide evidence to evaluate: 1) if milfoil continues to be eradicated; 2) the extent of coverage of fragrant water lily beds; 3) whether beneficial submerged plants are continuing to inhabit much of the submerged plant habitat; 4) whether there are changes in the density of other native submerged plants, and 5) the effectiveness of fish mitigation efforts. Each year's plant survey results will be evaluated against the stated plant management goals .to set the following year's plant control agenda. This evaluation will be supported by City of Federal Way Surface Water Management staff input. PLAN ELEMENTS, COSTS, AND FUNDING Table 9 provides a summary of each element identified in this plan and the associated costs. The total ten-year cost for the plan is estimated at $166,440, including a 5% rate of inflation each year, for an average of $16,644 per year. The majority of the cost occurs during the first year when equipment purchases all occur. Depending upon the revenue generated to support plan implementation, the Advisory Committee will determine which 58 STEEL LAKE IAvMp APRIL 3, 2003 FINAL DRAFT elements of the plan to implement on an annual basis. For example, the annual funds available may not cover all activities identified in this plan in year one (2003). Therefore, the Advisory Committee will need to prioritize activities based upon funds available. To implement this plan and provide a long-term funding source for continued plant control activities, public education, and evaluation, a stable long-term funding source is needed. Funding through the formation ora special taxing district, a Lake Management District (LMD), is to be completed by 2004. The Department of Ecology Aquatic Weeds Management Fund can be applied to for additional funds to augment funding provided by the LMD. However, Ecology grants require 25 % contribution from the applicant (City of Federal Way). Other possible funding sources include King County's Water Works and the Natural Resources Stewardship Network. In addition, the King County Noxious Weed Program has limited funds available to contribute to weed control projects. Table 9. Estimated Cost for Implementation of the Steel Lake' IAVMP Plan Element 2004 2005 2006 2007 2008 2009- Total 13 10 year Aquatic Mapping/Survey 4,000 4,200 4,410 4,630 4,860 28,170 50,270 and Report Milfoil eradication Spot herbicide treatment 1.725 1,810 1,900 1,995 2,095 12,150 21,675 (2,4-D) (NOte 1) NPDES permit fee 100 100 100 100 100 500 1,000 NPDES permit notification 400 400 400 400 400 2,000 4,000 (Note 2) NPDES monitoring costs 1,000 1,050 1,100 1,155 1,210 7,000 12,515 Fragrant water lily control Spot herbicide treatment 1,500 1,575 1,655 1.740 1,825 10,575 18,870 (glyphosate) (Note 3) NPDES permit fee (Note 4) ............ NPDES permit notification .......... (Note 4) Contract cutting (Note 5) 1,200 1,260 1,360 1,385 1,455 8,420 15,040 Submerged plant control Diver hand-pullin9 (Note 6) 1,200 1,260 1,320 1,385 1,455 8,420 15,040 Equipment purchases Weed cutter 130 ............ Rakes 200 ........ Fish habitat structures 2,000 1,000 1,000 ..... 4,000 Pump, generator & hose 200 ........ Public education Printing and Mailing 1,500 1,500 1,500 1,500 1,500 7,500 15,000 Natural Yard Care 3,500 ....... 4,000 7,500 Procjram Boater outreach 1,000 ........ 1,000 Totals '19,655 13,255 14,745 '14,290 14,900 88,735 '166,440 59 STEEL LAKE IAVMP APRIL 3, 2003 FINAL DRAFT ITotal l0 year Cost Average Annual Cost 166,440 16,644 Costs are based on an annual increase of five percent (5%) Note 1. Note 2. Note 3. Note 4. Note 5. Note 6. Based on treating 3 acres of milfoil, one time per year Beginning in 2003, a legal notice must be published in a local newspaper annually. An estimate based upon treating 2 acres fragrant water lily annually The same NPDES Noxious Weed Permit for may be used both for milfoil and fragrant water lily work done in the same year. Assumes contract cutting at $150/hour for 2 days. Assumes divers working at $150/hour for 2 days Appendix A King County Water Quality Graphs 60 STEEL LAKE IAVMP APRIL 3, 2003 Steel Lake 47.4 acres Public Boat Launch \ ~__. 250 500 I i I I I I 1.000 I Feet Figure 1. -- Storm Drain Oulfall F---~ Sub-basin Boundary Wetlands --~ Steel Lake Boundary Park ~ Lake Outfall Channel ----]Steel Lake Shoreline Steel Lake Watershed & Land Use LANDUSE Commercial Industrial [~-I Multi-Family Office ~] Common Ownershi Park Quasi-Public Religious Services Single Family ~:::~ Vacant c:~tlkbasin.mxd I, / ? / E E~ O 0---~ C ~ E~O ~oo~ ~EE~ ~) C] Z ~EE~ C] u_ (/) ~) W d~ G m o o o~ mi' 0 0 _] 0 ~) 0 jd e ins eq311S\LUMS\U~eLI ~q~l/s]asn/ '/(oeJng:)e Sl~ ol se ~lueJJeM ou sa~ieuJ/~eM leJapa::l lo AI!D aLII '/quo uolleluasoJd.aJ lemqdeJ6 e se papualui si s~ql j Figure 14. 2001 Steel Lake Secchi Depth (King county) Figure 15. 2001 Steel Lake Precipitation (King County) lOO Figure 16. 2001 Steel Lake Temperature (King County) e Levd I . Levd 2 Figure 17. 2001 Steel Lake Phytoplankton Concentrations Total phytoplankton Phytoplankton Chart: . BG=Bluegreens; chrys=Chrysophytes; dino=Dinoflagellates Figure 18. 2001 Steel Lake Chlorophyll Concentrations 15 12 9 6 3 0 Chlorophyll a ,~ o ,6 ~ '- &' 8, < < o~ o~ 0 Figure 19. 2001 Steel Lake Total Phosphorous/Total Nitrogen TP 100 +TotaIPhospohrus .?e~TotalNitrogen 80 60 40 20 0 Average N:P = 27.4 ~ ¢ ©,, ~ 1000 800 600 400 200 0 TN H19~ ~d~'ulse q ~llS/~s/u~ e~lllqe~s~e$ rv Attach ment "B" DRAFT Petition to the Federal Way City Council to Create a Lake Management District for Steel Lake We, the undersigned Steel Lake property owners, request that the Federal Way City Council approve the creation of a'Lake Management District (LMD) for Steel Lake pursuant to RCW 36.61. The LMD funds will finance efforts to protect and enhance Steel Lake in terms of water quality, recreational and aesthetic value. Purpose of the Lake Management District: · Form a Lake Management District that creates a funding source for all future aquatic plant management activities, and continue to seek grant opportunities. · Perform annual diver surveys to monitor changes in the aquatic plant community. · Control and contain both milfoil populations and fragrant water lily populations at as low a density as is environmentally and economically feasible, and at levels that will not impact public safety or the beneficial uses of the lake. · Reduce all other identified species of noxious weeds as listed in WAC 16~750 to levels that do not impact public safety or the beneficial uses of the lake. · Use appropriate aquatic plant control and treatment methods as needed for all other problematic aquatic weeds, using the best available science to identify and understand their effects on human, aquatic and terrestrial ecosystems prior to implementation. · Provide for adequate native vegetation for fish and, if necessary, mitigate for any negative impacts to fish habitat due to non-native plant removal activities. · Continue public education to prevent the introduction of noxious weeds, nuisance plants and non-native animal species to the lake; and to aid in the early detection of aquatic weed re-infestations. · Continue to involve the Steel Lake Community in the aquatic plant management process. · Conduct public education to reduce the amounts of non-point source pollutants entering the lake, which can result in an increase in aquatic algae. Boundary The proposed boundary of the LMD would include all th~ property with lakefront on Steel Lake. See attached map of proposed properties within the district. 3. Duration The proposed duration of the LMD is 10 years. 4. Charges to property: Annual rates and charges will be Used to raise funds to support LMD activities. The following is the formula of rates and charges proposed for establishment of the assessment role for the LMD: Property assessed on dollar per unit Fype # of Units~. Rate/Unit Total ($) Percentage Undeveloped parcel 7 $30 $210 1% Developed parcel (1 single-family 89 $85 $7,565 57% :lwelling) Parcel with multi- 1 $275 $275 2% family dwelling City Park 1 $2,048 $2,048 15% Public Boat Launch 1 $3,500 $3,500 25% Annual Total $13,598 The estimated maximum amount that is proposed for the LMD in 2004 is $13,598. An automatic increase based on the Seattle Consumer .Price Index (CPI) will be included in each annual billing after 2004. At no time is the increase to be more than five (5) percent per year. Total maximum LMD rate revenue for the ten year LMD' based on an annual five percent increase for inflation is $166,440. Issuance of revenue bonds is not proposed. The attached Steel Lake Integrated Aquatic Vegetation Management Plan includes an estimated itemization of the use of these funds for the ten-year period. The LMD budget and rates will be approved through a public hearing and a public vote after the city council adopts a resolution to form the LMD. Once approved by the public and city council, the.annual rates and charges may not be altered without another public vote and city council approval with the exception of the CPI increase described above. 5. Steel Lake Management District Steering Committee The volunteer Steel Lake Management District Steering Committee is proposed to represent the interests of LMD property owners in the various neighborhoods around the lake. City staff will Work with the Steering Committee to develop the annual work plan. The annual LMD work plan and budget will be forwarded by the Steering Committee for implementation by the City's surface water utility. The Steering Committee will track and review activities and expenditures by the City as well as outside contractors. City staff will provide Steering Committee support including quarterly financial reports. Attachment Steel Lake Integrated Aquatic Vegetation Management Plan 2 B AV~ 0 $ AY lz~ 6 S.LO S AV 0;~ SAVB~ Basin: LPSB Sub-basin Code: CPR ~ c. Ay ~ ~ State Owned Key:. BI Vacanl all Multi-Family ~J Single Family Petition to the Federal Way City Council to crea~e a Lake Management District for Steel Lake .~, 2003 of property owner Full address Parcel number (if known) mi los,:,2 ~ 04/14/2003 ~ON 07:27 FAX 4252378281 ENABLING TECllNOLGY ~004 Signature. of property own~er I Full address I Parcel number (if known) ' ;' - ', .-, ~., ~1 ou~ g' so. 30 ~ ..>-7:. J - · ~/: 5. 9. 10. 11. 12. 13. 14. 15. MEETING DATE: June 17, 2003 ITEM// CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Parks 2003 Capital Improvement Program Revision CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTIIER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Committee action form datcd June 9, 2003; Parks 2003 Capital Improvement Program Revision SUMMARY/BACKGROUND: Stan Osborn, our Park Maintenance Supervisor is a certified playground inspector. He recently conducted a full inspection of all playgrounds in our inventory. His findings support immediate replacement of the play structure at Olympic View Park. It is grossly out of compliance with recognized safety standards. The 2003 Capital Improvement Program approved by Council appropriated $50,000 for the installation of a new play area at Lakota Park. Olympic View Park is listed as the fourth site to be renovated under this CIP project. In light of the recent lings, it is apparent that the play structure at Olympic View Park should be placed first on the replacement list CITY COUNCIL COMMITTEE RECOMMENI)ATION: Motion to recommend to Council a "do pass" to reprioritize the approved 2003 Capital Improvement Program funding for playground replacement and use the allocated funding for Olympic View Park, and to place this item before Council on the June 17, 2003, business agenda. PROPOSED MOTION: "I move approval of the Parks 2003 Capital Improvement Program Revision as presented." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND REAl)lNG (ordinances only) COUNCIL BILL # lST reading Enactment reading ORDINANCE # RESOLUTION # r'-WlSED- 05/10/2001 CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM Date: To: From: Via: Subject: Background: June 9, 2003 PRHSPS Council Committee Kurt Reuter,~kOp. erations Superintendent David lVl~sele~anager Parks 2003 C~10ital B[nprovement Program Revision Stan Osbom, our Park Maintenance Supervisor is a certified playground inspector. He recently conducted a full inspection of all playgrounds in our inventory. His findings support immediate replacement of the play structure at Olympic View Park. It is grossly out of compliance with recognized safety standards. The 2003 Capital Improvement Program approved by Council appropriated $50,000 for the installation of a new play area at Lakota Park. Olympic View Park is listed as the fourth site to be renovated under this CIP project. In light of the recent findings, it is readily apparent that the play structure at Olympic View Park should be placed first on the replacement list Staff Recommend ation The proposed reallocation of funds to replace the play structure at Olympic View Park will remove equipment that poses a safety hazard to users. It will be replaced with a modem structure that is safe and will meet the needs of this neighborhood. Staff recommends approval of this request. Commission Recommendation The Commission reviewed this item at its regular meeting on June 6, 2003, and passed a Motion to forward to Council Committee with a "do pass" recommendation to reprioritize the approved 2003 Capital Improvement Program funding for playground replacement and use the allocating funding for Olympic View Park. Committee Recommendation: Motion to recommend to Council a "do pass" to reprioritize the approved 2003 Capital Improvement Program funding for playground replacement and use the allocating funding for Olympic View Park, and to place this item before Council on the 3h,~4-~, 2003, _oop, ge~agenda. [APPROVAL Off__COMMITTEE RE;ORT: June 17, 2003 ITEM// MEETING DATE: CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CATEGORY: City of Federal Way Code Amendment Updating Chapter 6, Criminal Code [] CONSENT X ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Memorandum from City Attorney, Patricia Richardson, to the Parks, Recreation, Human Services & Public Safety Committee regarding the proposed amendment to the City Criminal Code, Chapter 6 and the proposed ordinance. SUMMARY/BACKGROUND: The Law Department is requesting the adoption of an ordinance to update the City of Federal Way Code under Criminal Code Chapter 6 to include the misdemeanor stalking. ,n the Criminal Code Chapter 6 was previously amended the crime of stalking was inadvertently deleted from the ~. Jminal Code Chapter 6. Before the implementation of the Municipal Court, such a deletion would not affect the City's ability to prosecute the misdemeanor of stalking. However, since the City's prosecution is done in the Municipal Court, the amendment to the Criminal Code Chapter 6 of the Federal Way City Code is necessary because the Municipal Court only has jurisdiction to enforce the Federal Way City Code. Additionally, the State Legislature enacted RCW 9A.46.110, which identified stalking as a crime. The proposed amendment is not a substantive change of the elements of the crime or the penalty. Pursuant to RCW 35A. 13.190, the proposed ordinance would make the addition of stalking effective five days after the publication. The adoption of this amendment is in the best interest of the City of Federal Way, the Public Safety Department, the Law Department, and the Federal Way Citizens, as well as ensuring the enforcement and prosecution of the law. CITY COUNCIL COMMITTEE RECOMMENDATION: At the June 9, 2003, meeting the Parks, Recreation, Human Services and Public Safety Committee Meeting recommended that the proposed amendment to the Federal Way City Code Chapter 6, Criminal Code be forwarded to the City Cotmcil at the June 17, 2003 City Council meeting for consideration. PROPOSED MOTION: "I move the proposed ordinance to second reading and approval at the next regular meeting on July 1, 2003" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] OE EO [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 K:\agnditem\stalking CITY OF FEDERAL WAY CITY COUNCIL PARKS/RECREATION/HUMAN SERVICES/ PUBLIC SAFETY COMMITTEE June 2, 2003 Meeting Date: From: Via: Subject: June 2, 2003 Patricia A. Richardson, City Attorney David H. M~nager Code Amendment Updating Chapter 6, Criminal Code Background: The Law Department is requesting adoption of an ordinance to amend the City of Federal Way Code under Criminal Code Chapter 6. When the Criminal Code Chapter 6 was previously amended the crime of stalking was inadvertently deleted. The proposed amendment authorizes and ensures the enforcement of the stalking laws in the Municipal Court. The adoption of this amendment is in the best interest of the City of Federal Way, the Public Safety Department, the Law Department, and the Federal Way Citizens, as well as ensuring enforcement of the law. Staff Recommendation: Staff recommends that the Parks Recreation Human Services and Public Safety Council Committee approve the proposed amendment to Chapters 6 of the Federal City Code and forward to full Council for consideration. Committee Recommendation: Move approval of the amendment to the Federal Way City Code, Chapter 6, Criminal Code, and forward to full Council for consideration at the June 17, 2003 City Council meeting. APPROVAL OF COMMITTEE REPORT: codmitt~ ~iein~b~'rv'~ ~'~ K:XAGNDITEMXPRHSPSCOMMITTEE\Stalking - ohm code update .~_~ ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY CITY CRIMINAL CODE TO INCLUDE THE CRIME OF STALKING (AMENDING ORDINANCE NO. 91-89). DRAFT WHEREAS, a prior modification of the Federal Way City Code inadvedently deleted the crime of stalking in the Criminal Code, and WHEREAS, the Federal Way City Council finds that it is in the best interest of its citizens to include the crime of stalking in the Criminal Code in order to ensure effective enforcement and prosecution of criminal activity within the City, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 6, Article VIII, Section 6-189 of the Federal Way City Code is hereby amended to read as follows: 6-189 Harassment. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 9A.46.020, Definition - Penalties. (2) RCW 9A.46.030, Place where committed. (3) RCW 9A.46.040, Court-ordered requirements upon person charged with crime - Violation. (4) RCW 9A.46.050, Arraignment - No-contact order. ORD # ,, PAGE 1 (5) RCW 9A.46.060, Crimes included in harassment. (6) RCW 9A.46.070, Enforcement of orders restricting contact. (7) RCW 9A.46.080, Order restricting contact - Violation. (8) RCW 9A.46.090, Nonliability of peace officer. (9) RCW 9A.46.100, "Convicted," time when. (10) RCW 9A.46.110, Stalking. SECTION 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. SECTION 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. SECTION 4. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, approval and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of ,2003. CITY OF FEDERAL WAY Jeanne Burbidge, MAYOR ORD # _, PAGE 2 ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ordinance\stalking060203 ORD # , PAGE 3