City Council - Special Meeting

City of Bellingham City Council Special Meeting Minutes Annual Lake Whatcom Joint Councils and Commission Meeting 04/22/2015, 6:30 PM Mayor Kelli Linville Contact: (360) 778-8200, ccmail@cob.org Council Members Jack Weiss, Gene Knutson, Daniel www.cob.org/council Hammill, Pinky Vargas, Terry Bornemann, Michael Lilliquist All meetings are held in the City Hall Council Chambers at and Roxanne Murphy 210 Lottie Street, Bellingham, WA, unless otherwise noted. Call to Order Roll Call Committee Of The Whole 20811 1. Lake Whatcom Cooperative Management Program Joint Councils and Commission Annual Meeting I. Meeting Convened & Roll Call Commissioner Leslie McRoberts opened the meeting at 6:30 PM by convening the Lake Whatcom Water and Sewer District Meeting. Gene Knutson convened the Bellingham City Council Meeting. Carl Weimer convened the Whatcom County Council Meeting. Lake Whatcom Water and Sewer District Leslie McRoberts, Chair Bruce Ford Ian Millar Todd Citron Excused: Laura Weide Bellingham City Council Gene Knutson, Chair Michael Lilliquist Terry Bornemann Roxanne Murphy Pinky Vargas Dan Hammill Excused: Jack Weiss Whatcom County Council Carl Weimer, Chair Ken Mann Barry Buchanan 1 Barbara Brenner Pete Kremen Arrived late: Satpal Sidhu Excused: Rudd Browne II. Comments from Executive Management Team Mayor Kelli Linville welcomed the Councils, commission, and guests to City Hall and commended the three bodies for working together to create one document. Whatcom County Executive Jack Louws and Sewer District Manager Patrick Sorenson expressed their confidence in the joint body and thanked the City and County staff. III. Presentation on Lake Whatcom Management Program 2010-2014 Accomplishments Report Whatcom County Natural Resources Manager Gary Stoyka gave a Power Point presentation highlighting the 2014 accomplishments (attached to Minutes Materials). Among the accomplishments were 59 Homeowner Improvement Projects, the Bloedel Donovan Retrofit, Aquatic Invasive Species boat inspection program, and 480,000 poops scooped. There was significant Community Outreach & Education, as well. IV. Lake Whatcom Management Program 2015-2019 Work Plan The 2015-2019 Lake Whatcom Management Plan was presented by City of Bellingham Natural Resources Policy Manager Clare Fogelsong. There was a 30 day public comment period from mid-February to mid-March, and a Lake Whatcom meeting on February 25th during which public comment was taken. Some changes were made based on that public feedback, including: language on fecal coliform was added to the Plan, the education and outreach section was expanded, and the performance measures were revisited. The Recreation program area was revised to emphasize the goal of reducing the impacts in the watershed while providing new recreational opportunities. They received many comments on phosphorus. Commissioner Todd Citron: Setting 40 years as the timeline to meet TMDL phosphorus limits is too long. It is pushing the problem onto the next generation. Need to fairly distribute the cost to those who have the most adverse impact on the Lake. Wants watershed residents to pay fees to take responsibility for their impacts. Citing a study conducted by CH2M Hill, he said that billing for a proposed stormwater utility should directly relate to runoff. County Council Member Barbara Brenner: 1. When are we going to get the accurate numbers for how much phosphorus is coming in from the diversion? 2 Mr. Fogelsong's response: We are doing a complete analysis of water system results sometime this year. 2. Page 6 Aquatic Invasive Species: What about eliminating the AIS, not just minimizing? Mr. Fogelsong's response: They have been tracking some species. It is hard and costly to eliminate, but it's possible. They have been tracking efforts nationwide. There was only one success and that was when everything in a lake was killed. 3. What is the status of the Lake Whatcom Landscape Plan? It was related to forestry practices and was good. Mr. Fogelsong's response: The LW Landscape Plan applies only to DNR property, and it has been sunsetted. They will try to carry forward some of the constraints of that plan, however. 4. Would like more information on the AIS (see #2 above). 5. The more chip seal we use on the roads, the more problems there are on people's cars, which leads to increased leakage. We shouldn't use it except where absolutely necessary. 6. Page 33: Why do we have to develop new low impact standards instead of using what we currently have? Mr. Fogelsong's response: It is a new requirement. Our stormwater staff will make sure we are compliant. 7. Page 34: The Plan calls for a third party review to assess lake load models. Who will conduct the review? What is the process for choosing them? Mr. Fogelsong's response: There are only three or four qualified organizations in the Northwest that we will be contacting. 8. Council Member Brenner would like to do more hazardous materials events. People can drop off their waste and sit through an educational program. Mr. Fogelsong's response: These events cost $26,000. Will do something in the next few years. It takes some time for toxics to accumulate and it is not practical to do this more frequently. City Council Member Michael Lilliquist: The funding level of $1.8 million defaults to the 50 year clean-up plan. The City Council doesn't feel bound by the 50 years and recently directed staff to present possible 3 funding sources and a plan for a shortened timeline. We default to planning based on money currently in our budget. Instead, let's make our budget fit the problem. These policy bodies should insist that the public has the information. Less money should be spent for land preservation and far more money for stormwater and removing phosphorus. It's not that much money in the larger picture. Needs to be proportionate to its significance. County Council Member Barbara Brenner: In regard to additional funding sources, it seems that for land preservation, we could use the Purchase of Developments Rights Program, Transfer of Development Rights Program, and Parks Fund. The Parks Fund could also be used to fund Recreation and Education & Outreach. City Council Member Roxanne Murphy: These are exciting times and she is very optimistic about the next five years. County Council Member Pete Kremen: We have made significant progress. It would be nice to accelerate the TMDL timeline and let's try, but let's be cohesive and collaborative. Twenty years ago, the county was spending zero on Lake Whatcom. We've come a long way. Pleased with the report. There is a lot of energy now. We need to be pushed, but we have to keep our eye on the prize. City Council Member Terry Bornemann: Would love to accelerate, and we need to look at those options. He is more hopeful tonight than in 16 years with these three bodies working together. Let's continue. Commissioner Bruce Ford: He is very impressed with the progress. Would like to continue looking for the sources of phosphorus and focus on fecal coliform. Performance measurements must include fecal coliform contamination. Septic tanks around the Lake need to be seriously addressed. Gene Knutson read aloud the Resolution Adopting the 2015-2019 Work Plan. Bornemann/Murphy moved approval of the Resolution. MOTION CARRIED 6-0 Weiss, excused. Weimer/Buchanan moved approval of the Resolution. MOTION CARRIED 6-0 Citron/Ford moved approval of the Resolution. MOTION CARRIED 4-0 4 V. Update on the Next Steps in the Total Maximum Daily Load (TMDL) Process Assistant Director of Natural Resources Jon Hutchings gave a Power Point presentation (attached to Minutes Materials). VI. Public Comment Wendy Harris: Is disappointed that public comment was not taken before the vote. She wants to focus on results and the performance of the Lake. Is the Lake getting better? Why aren't we talking about this year's monitoring report? There was a new type of algae discovered in 2014. We're not doing good. We are just treading water. We continue to have growth in the watershed. We are regressing in our efforts to restore the Lake. We no longer talk about enforcement, watershed growth, or an integrated ecosystem approach. Wants to see a chart over 20 years of how we are treating our water to meet safe drinking standards because Chlorine is a source of Cancer. Wants the staff to explain why the workplan does not more fully incorporate and follow the recommendations of the cost benefit analysis on removing phosphorus from the Lake. We have a commendable property purchase program. We need to use legal authority to oppose development to discourage private docks and McMansions. The number of variances we are approving has gone up; let's see some data on that. Remove the reconveyance bike plan from the work plan. The workplan before you reflects politics rather than science or management. Marian Beddill: 1) Requests a prohibition connecting two dead end roads along the Northshore. 2) HIP is pretty good. Wants to know how many Lakefront properties have participated. Sally Harper: More enforcement is necessary. More money, people, and plans need to be dedicated to enforcement. She is representing a Northshore Road neighborhood of 10-12 homes. Her group has submitted zoning violation reports. Concerned about illegal ADUs and illegal boat launches. She has gone to the Lake Whatcom Policy Group and has talked with Mr. Fogelsong. Why is enforcement omitted from the Plan? Prioritize enforcement of illegal ADUs in the watershed. Council Member Barbara Brenner responded that the issue of enforcement is going to be coming up in County Council Committee. The County has more enforcement people now. The County Council has prioritized this. VII. Adjournment The three policy bodies each adjourned their meeting at 8:15 PM. 5