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HomeMy WebLinkAboutResolution No. 2025-17KENAI CITY OF KENAI RESOLUTION NO. 2026-17 Sponsored by: Administration A RESOLUTION AUTHORIZING THE CITY MANAGER TO RENEW THE MEMORANDUM OF UNDERSTANDING FOR THE KENAI WATERSHED FORUM KENAI RIVER WATER QUALITY MONITORING PROGRAM. WHEREAS, the Kenai Watershed Forum has conducted baseline water quality monitoring beginning in 2000; and, WHEREAS, the data collected and analysis performed have resulted in science -based decision -making affecting the Kenai River; and, WHEREAS, the City entered into a Memorandum of Understanding with the Kenai Watershed Forum on June 6, 2015 through December 31, 2019, at which time the City continued to contribute financially to the project through special project grants; and, WHEREAS, continued collection of baseline monitoring data is important and necessary to safeguard the health of the Kenai River and is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to execute a Memorandum of Understanding (MOU) for the Kenai Watershed Forum Kenai River Water Quality Monitoring Program. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 5T" DAY OF MARCH, 2025. Brian Gabriel Sr., Mayor ATTEST. 1 vi� e le . Sa , �M, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] T� K F N A I City of Kenai 1 210 Ficlalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 wwwl<enaixity MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Terry Eubank, City Manager DATE: February 20, 2025 SUBJECT: Resolution 2025-17 - Authorizing the City Manager to Renew the Memorandum of Understanding for the Kenai Watershed Forum Kenai River Water Quality Monitoring Program. The Kenai Watershed Forum has been conducting baseline water quality monitoring on the Kenai River since 2000, providing critical data that has informed science -based decision -making to protect this important resource. The proposed resolution authorizing the City Manager to renew the Memorandum of Understanding (MOU) for this program reaffirms the City's commitment to safeguarding the health of the Kenai River. Historically, the City of Kenai has supported this project with an annual contribution of $5,000. However, last year, that amount was reduced to $1,500, with the City also offering the use of the City's Water & Sewer Lab for sample testing if needed. It is important to note that not all parties to the MOU provide direct financial contributions to the project, making continued support from the City of Kenai all the more valuable in sustaining long-term monitoring efforts. The ongoing collection of baseline data remains essential to ensuring the health of the Kenai River and the long-term well-being of our community. The Kenai Watershed Forum has also shared a short video explaining the significance of this project, which can be viewed at the following link: hftps://www.youtube.com/watch?v=hHYwOc-CHHc Your consideration is appreciated. K E N A I WATERSHED FORUM 44129 Sterling Hwy, Soldotna, AK 99669 1 Phone (907) 260 — 5449 1 www.kenaiwatershed.org Working together for healthy watersheds on the Kenai Peninsula Memo: Kenai River Water Quality Monitoring Memorandum of Understanding Brian Gabriel Mayor's Office, City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 February 7, 2025 Dear Mayor Gabriel, The Kenai River Baseline Water Quality Monitoring program is one of Alaska's longest -running and most robust efforts to assess water quality in the state. Since the year 2000 the program has partnered with over a dozen government, tribal, private, and non -governmental organizations. Results have provided critical data for management decisions at the local level that help keep the Kenai River thriving and accessible. The project's Memorandum of Understanding (MOU) document outlines the roles of partnering organizations, and is due for renewal. We are requesting a renewal signature from your office as confirmation of continued support for this project. The MOU is a non -binding document and does not legally commit any entities or individuals to financial support or management actions. We are eager to share more about the project with your office and look forward to speaking with you. Additional details and resources are linked on the project , as well as in the Project Status Summary attached here. Thank you for your support and consideration. Sincerely, Benjamin Meyer Research Coordinator Kenai Watershed Forum ben Ca) kenaiwatershed.o (907) 232-0280 Trent Dodson Executive Director Kenai Watershed Forum executivedirector@kenaiwatershed.org (907) 260-5449 ext. 1206 KENAI WATERSHED FORUM 44129 Sterling Hwy, Soldotna, AK 99669 1 Phone (907) 260 — 5449 1 www.kenaiwatershed.or� Working together for healthy watersheds on the Kenai Peninsula Memorandum of Understanding (MOU) Kenai River Baseline Water Quality Monitoring 2025 Renewal Table of Contents Memo: 2025 Memorandum of Understanding........................................................................................1 Document A: Project Status Summary ......................................................................................................3 Document B: Signatories for the 2015 MOU............................................................................................ 5 Document C: 2025 Memorandum of Understanding...............................................................................7 Document D: Signature Page..................................................................................................................11 References..............................................................................................................................................12 The Kenai River flows from Skilak Lake. Photo Credit: Ian Reid Learn more at ittps://www.kenaiwatershed.orglkenai-river-baseline-water-Quality-monitoringl KENAI WATERSHED FORUM 44129 Sterling Hwy, Soldotna, AK 99669 1 Phone (907) 260 — 5449 1 www.kenaiwatershed.org Working together for healthy watersheds on the Kenai Peninsula Document A: Project Status Summary January 2025 The Kenai River Baseline Water Quality Monitoring Project — 24 years of Community Driven Research Introduction The Kenai River in southcentral Alaska is among the worlds most famed, supporting diverse fisheries and industries and the people who rely on them. Since the year 2000 Kenai Watershed Forum has coordinated the efforts of government, tribal, private, and nonprofit partners to monitor water quality trends throughout the river as specified in the Alaska Department of Natural Resources' 1997 Kenai River Special Management Area Comprehensive Management Pi . The twenty-four year continuous effort has produced a long and robust water quality dataset that is applied to identify and address critical local water management issues. The program serves as a remarkable example of how community partnerships can generate outsized impact. �n Map of the Kenai River watershed in southcentral Alaska ( Twice annually, the program measures water quality at twenty-two sites throughout the Kenai River and its tributaries. The project surveys for a diverse list of substances including bacteria, metals, nutrients, fuels, and more. All results are published in the public domain and are assessed against state and federal water quality standards. Comprehensive reports have been published in 2007 and 2016, with another planned for analysis in 2025. Visit the roi-i for details and additional resources. nk for an online interactive version of th 1 https:Z/www.kenaiwatershed.ora/kenai-river-baseline-water-quality-monitoring) 3 .-� KENAI WATERSHED FORUM 44129 Sterling Hwy, Soldotna, AK 99669 1 Phone (907) 260 — 5449 1 www.kenaiwatershed.or Working together for healthy watersheds on the Kenai Peninsula Inflation Has Reduced Prolect Purchasing Power As of January 2025, annual project income no longer supports base level expenses. We are tasked with reducing some monitoring and analysis efforts unless income levels increase. Over fifteen organizations support monitoring work each year with in -kind and/or financial backing. While the overall level of annual financial contribution has remained relatively steady, a 56% rise in inflation of the US dollar since 2005 has lessened the purchasing power of resources available to the project. In 2022, a one-time contribution of EPA pass -through funds from Kenaitze Indian Tribe allowed the project to continue as planned through 2024, but future years will need to identify additional funds to continue providing the same level of service. Access additional project financial details at ittps:Hkenai-watershed-forum.github.io/kenai-river-wgx/fiin Inflation Adjusted Project Income 2005-2023 $20,000 $15,000 $10.000 $5,000 Organization Alaska Wiidland Adventures Anatytica (Discount) City of Kenai Cook Inlet Aquaculture DNR State Parks Kenai National Wildlife Refuge Kenai Penisula Borough Kenai River Sportfishing Assoc Kenaitze rSalametof US Forest Service a $0- 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Inflation -adjusted financial contribution to the Kenai River Baseline Water Quality Monitoring Project 2005 - 2023. 4 KENAI WATERSHED FORUM 44129 Sterling Hwy, Soldotna, AK 99669 1 Phone (907) 260 — 5449 1 www.kenaiwatershed.or Working together for healthy watersheds on the Kenai Peninsula Sustaining Future Project Activities Kenai Watershed Forum is actively pursuing funding from new public and private sources to support this work, including the U.S. Bureau of Restoration, the ConocoPhillips Community Grants program, and others. However, annual support from existing long-term local partners remains the most viable way to secure this project into the future. As your organization considers renewing the Memorandum of Understanding (MOU), the level of financial support required to sustain the work will be part of the discussion. Note that the MOU does not contractually commit any organization to specific financial support. We look forward to discussing this work further with your office and are eager to share the next comprehensive report. Thank you for your time and consideration. Further Reading and Links • Updating Boat Motors Reduces Hydrocarbon Pollution (EPA, 2011) o https:Hl9ianuarv2Ol7snar)shot.eoa.Qov/sites/production/files/2015- 10/documents/ak kenai.pdf • Kenai River Comprehensive Management Plan (AKDNR, 1997) o https://dnr.alaska.gov/parks/plans/krsmapin/kenrvt)ln.htm • Kenai River Baseline Water Quality Monitoring Project — Homepage (KWF, 2024) o : )s://www.kenaiwatershed.org/kenai-river-baseline-water.,-, 'itv-monitoring/ • Kenai River Baseline Water Quality Monitoring — Presentation to International River Symposium (KWF, 2022) o https://www.youtube.com/watch?v=znROWo6MfAy Document B: Signatories for the 2015 Kenai River Baseline Water Quality Monitoring Project Memorandum of Understanding2 • Commissioner, Alaska Department of Environmental Conservation 2 View at https://bit.ly/kwf mou 2015 KENAI WATERSHED FORUM 44129 Sterling Hwy, Soldotna, AK 99669 1 Phone (907) 260 — 5449 1 www.kenaiwatershed.or_g Working together for healthy watersheds on the Kenai Peninsula • Commissioner, Alaska Department of Fish and Game • Commissioner, Alaska Department of Natural Resources • Principal, Analytica, Inc. • Mayor, City of Kenai • Mayor, City of Soldotna • Executive Director, Cook Inlet Aquaculture Association • Mayor, Kenai Peninsula Borough • Executive Director, Kenaitze Indian Tribe • Executive Director, Kenai Watershed Forum • Alaska Regional Director, U.S. Fish and Wildlife Service • Forest Supervisor, Chugach National Forest N. KENAI WATERSHED FORUM 44129 Sterling Hwy, Soldotna, AK 99669 Phone (907) 260 — 5449 1 vww.kenaiwatershed.or Working together for healthy watersheds on the Kenai Peninsula Document C: 2025 Memorandum of Understanding MEMORANDUM OF UNDERSTANDING JANUARY 2025 BETWEEN ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND ALASKA DEPARTMENT OF FISH AND GAME AND ALASKA DEPARTMENT OF NATURAL RESOURCES AND SGS LABORATORIES, INC. AND CITY OF KENAI AND CITY OF SOLDOTNA AND COOK INLET AQUACULTURE ASSOCIATION AND THE KENAI PENINSULA BOROUGH AND THE KENAITZE INDIAN TRIBE AND SALAMATOF TRIBE AND TYONEK TRIBAL CONSERVATION DISTRICT AND KENAI WATERSHED FORUM AND U.S. FISH AND WILDLIFE SERVICE, ALASKA REGION AND U.S. FOREST SERVICE, CHUGACH NATIONAL FOREST AND TROUT UNLIMITED ALASKA AND DEFENDERS OF WILDLIFE 7 ,.� KENAI L WATERSHED 7 FORUM 44129 Sterling Hwy, Soldotna, AK 99669 1 Phone (907) 260 — 5449 1 www.kenaiwatershed.orp Working together for healthy watersheds on the Kenai Peninsula This Memorandum of Understanding between the above -listed parties, hereinafter referred to as Agencies/Organizations, reflects the general policy guidelines within which the Agencies/ Organizations agree to operate in relation to the "Kenai River Watershed Water Qual Monitoring Program", hereinafter referred to as the WQ Program. WHEREAS, Water quality monitoring was identified in the "Kenai River Comprehensive Management Plan"' adopted December 1997 as an important component to the management of the Kenai River and its health, and WHEREAS, The goal of the 1998 Framework for Water Quality Monitoring of the Kenai River is to provide a water quality monitoring strategy to ensure the environmental integrity of the Kenai River Watershed, and WHEREAS, Water quality monitoring began in 2000, resulting in data being collected under the WQ Program for 24 years, and WHEREAS, The water quality data collected under this program has been used to establish baseline conditions, conduct ongoing water quality trend analysis for numerous streams in the Kenai River Watershed and to prepare two water quality reports (years 2007 and 2016) summarizing all data, trends and management implication s3-5, and WHEREAS, The data from this program have been used to identify problems in the Kenai River which have been addressed and resolved, maintaining the health and integrity of the Kenai River, and WHEREAS, Water quality data from this program have been collected under Quality Assurance Project Plan plans approved by Alaska Department of Environmental Conservation and the U.S. Environmental Protection Agency, and WHEREAS, The data collected under this project are in the public domain and available to the public, which fosters agency and community understanding of the current and future conditions of the Kenai River, and WHEREAS, Local, State, and Federal Agencies, and non -governmental organizations party to this Memorandum of Understanding recognize the Kenai River to be important to the human and ecological community of the central Kenai Peninsula, and WHEREAS, There is a benefit to collecting water quality information for improving the understanding of the Kenai River Watershed, and 8 ;.., KENAI WATERSHED FORUM 44129 Sterling Hwy, Soldotna, AK 99669 1 Phone (907) 260 — 5449 1 www.kenaiwatershed.or� Working together for healthy watersheds on the Kenai Peninsula WHEREAS, There are benefits in coordinating efforts for the planning, collection, analysis, management and presentation of water quality data, and WHEREAS, The previous Memorandum of Understanding for the Kenai River Water Quality Monitoring Program signed in 2015 has expired. NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS: 1. To work cooperatively to facilitate a long-term Water Quality Monitoring Program for the Kenai River Watershed. 2. To support the collection and analysis of water samples for the Kenai River Watershed Water Quality sampling effort through funding, in -kind services or other mechanisms to the degree allowed by normal planning and budget constraints and to the extent allowable by applicable laws, regulations and policies. 3. Public access to Memorandum of Understanding must not be limited, except when such records must be kept confidential and would have been exempted from disclosure pursuant to Freedom of Information regulations (5 U.S.C. 552). 4. Modifications within the scope of this Memorandum of Understanding must be made by mutual consent of the parties, by the issuance of a written modification signed and dated by all properly authorized, signatory officials, prior to any changes being performed. Requests for the modification should be made, in writing, at least 30 days prior to implementation of the requested change. 5. Any of the parties, in writing, may terminate this Memorandum of Understanding in whole, or in part, at any time before the date of expiration. 6. The parties to this Memorandum of Understanding agree to be responsible for damages to their own property and injuries to their own employees/volunteers, except for damage/injuries resulting from the fault or negligence of the other party. Any claim for damage to property or persons made against the Government will be pursued in accordance with the provision of the Federal Tort Claims Act. 7. No member of, or Delegate to, Congress shall be admitted to any share or part of this Memorandum of Understanding, or any benefits that may arise there from; but this provision shall not be construed to extend to this agreement if made a corporation for its general benefit. 8. To acknowledge that this Memorandum of Understanding does not: a. Limit agencies, local governments, tribes or organizations in the collection or use of data for purposes other than that of the cooperative effort; b. Authorize any of the parties to obligate or transfer funds. Specific projects or activities that involve the transfer of funds, services, or property among the parties require execution of separate agreements and are contingent upon the availability of appropriated funds. �J KENAI WATERSHED FORUM 44129 Sterling Hwy, Soldotna, AK 99669 1 Phone (907) 260 — 5449 1 www.kenaiwatershed.org Working together for healthy watersheds on the Kenai Peninsula c. Intend to conflict with federal, state, or local laws or regulations, with an understanding if there are conflicts, this agreement will be amended at the first opportunity to bring it into conformance with applicable laws or regulations; and d. Intend to enlarge or diminish the responsibilities or statutory authority of any of the signatories or any other party over the management of water or its resources within the Kenai River drainage. This Memorandum of Understanding will be effective through December 31st, 2030, at which time all parties will reevaluate the need and desire to enter into any subsequent understanding. Once all parties have signed and returned the Memorandum of Understanding, each party will receive a copy of the signatory pages. By signature below, each party certifies that the individual listed in the individual parties is authorized to act in their respective areas for matters related to this Memorandum of Understanding. In witness whereof, the parties hereto have executed this Memorandum of Understanding as of the last date written below. 10 KENAI WATERSHED FORUM 44129 Sterling Hwy, Soldotna, AK 99669 1 Phone (907) 260 — 5449 1 www.kenaiwatershed.or� Working together for healthy watersheds on the Kenai Peninsula Document D: Signature Page See separate attached document in email. 11 KENAI WATERSHED FORUM 44129 Sterling Hwy, Soldotna, AK 99669 1 Phone (907) 260 —5449 1 www.kenaiwatershed.orp, Working together for healthy watersheds on the Kenai Peninsula References 1. AKDNR. Kenai River Comprehensive Management Plan. ,ittps:!1www.kenaifishpartnership.orp,iwp- itluploads 2021110/krsma 1997 editable sm.pdf (1997). 2. The Nature Conservancy of Alaska. 1998 Framework for Water Quality Monitoring of the Kenai River. https://www.kenaiwatershed.orgiwp-content/uploads/2024i09i1998-Framework-for Water-Quality-Monitoring-of-the-Kenai-River-.pdf (1998). 3. Guerron Orejuela, E. Water Quality Assessment of the Kenai River Watershed from July 2000 to July 2014. https: dec.alaska.gov/media!16756/kenai-river-baseline-monitoring-report-final- zncuappendix.pdf (2016). 4. McCard, J. J. Water Quality Assessment of the Kenai River Watershed from July 2000 to July 2006. https://www.kena iwatershed.orp,iwp-content) uploadsi 2024i09i Water-Quality-Assessment-of-the- Kenai-River-Watershed-from-July-2000-to-July-2006.pdf (2007). 5. KWF. Kenai River Baseline Water Quality Monitoring. https://www.kenaiwatershed.org/kenai-river- baseline-water-ouality-monitoring; (2024). 12