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HomeMy WebLinkAbout02/01/2000 Adjourned Meeting 246 • CITY OF YAKIMA, WASHINGTON FEBRUARY 1, 2000 ADJOURNED MEETING The City Council met in session on this date at 7:30 a.m., in the 2nd Floor Training Room, at the Police Station /Legal Center, 200 South 3rd Street, Yakima, Washington. Mayor Mary Place, presiding, called the meeting to order at 7:35 a.m. Council Members Clarence Barnett, Henry Beauchamp, Larry Mattson, and Bernard Sims were present. Council Members Lynn Buchanan and John Puccinelli were absent and excused. Staff members present were Dick Zais, City Manager; Glenn Rice, Assistant City Manager; Marketa George Oliver, Administrative Assistant to the City Manager; Rita Anson, Director of Finance and Budget; Chris Waarvick, Director of Public Works; Bill Cook, Director of Community & Economic Development; Larry Peterson, Assistant City Attorney; Don Skone, Planning Manager; Mike Morales, Grants Writer; Kay Adams, City Engineer; Bob Degrossellier, Senior Engineer; Shelley Willson, Streets & Traffic Division Manager; Doug Mayo, Wastewater Manager; and Pete Hobbs, Environmental Analyst. Also present was Tony Krutsch, a consultant with HDR. 1. REVIEW OF EMERGING STORMWATER REGULATIONS City Manager Zais handed out a correction to the update on expected costs of Phase II Stormwater Program. Mr. Zais began a presentation on the material and said that Council should compare what the United States Environmental Protection Agency (EPA) would require with regard to stormwater with those required by DOE. He said that EPA Phase II rules were finalized in December and have been substantially altered, possibly based on input from local communities. He said DOE is not where EPA is yet, but has been thinking more about geology (and the geography of where a town is located) in the last two weeks. Yakima is seeking to have changes made based on regional differences. There are some specific, technical issues in the State program versus the EPA program. He said the State program is nearly double that of the EPA. He highlighted the specific costs that were included in the handout he had just disseminated. Mr. Zais further stated that he thinks it is appropriate tb discuss this issue with the County. Mayor Place said it seems like DOE is covering bases with regard to salmon issues, instead of focusing on stormwater issues. Mr. Krutsch, the City's consultant, said that is one of the policies that DOE wants to address with regard to stream flows. Mayor Place reiterated that she thinks DOE is trying to cover two issues at the same time. She said she did not read anything in the report about soil and the amount of water that can be leeched through it. She said it appears DOE has taken the position that Yakima soils are too easily permeated so they are recommending that we put sand or other material to slow the rate 247 FEBRUARY 1, 2000 - ADJOURNED MEETING of absorption into the soil, and perhaps the City needs to respond to that. Council Member Barnett is concerned about the "R" factor referred to in the Phase II manual and wondered if it applied for small construction or if they would be able to obtain waivers. Mr. Krutsch said that DOE has authority to impose greater restrictions than the EPA and in this case, had decided to impose a stricter standard. The requirements for stormwater management for even small construction sites are more stringent. City Engineer, Kay Adams, said the City's signal projects are a categorical exemption and State guidelines are less restrictive, although, in most cases more restrictive with regard to small construction. Mayor Place asked how the Council would like to review the report and the City's position paper. Mr. Zais said that staff needs to know if Council is comfortable with the position statement. Council Member Beauchamp asked about advocacy points. Mr. Zais responded that those points would be developing over time when DOE decides what they will do with each phase of regulation. Also, the City has been active in involving other entities around the area. Director of Public Works, Chris Waarvick, said the challenge is that the DOE stormwater manual ' is based from a different direction than the EPA stormwater Phase II regulations. It is a compendium tool for several pieces of existing water quality legislation, including water quality standards for ground and surface water, sediment standards, and the underground injection control program. He continued saying DOE did not look as hard at Federal Stormwater issues as state -wide law. He said that changing this focus might take legislative influence instead of staff influence at the regulatory level. One last important item that influences stormwater is DOE's stance that all water in the State of Washington is a potential drinking water source. The Federal rule does not come from that standpoint. Council Member Barnett said the way the State manual is written, many of the best management practices are not applicable, therefore, we may not have to follow them. Mr. Krutsch briefed the Council, on some legislation that may impact these and other water /wastewater issues. HB 2975 eliminates mixing zones. He said the initial impact would be regarding toxins that have been under control in this area for the last 10 to 15 years. The City does not have problems with toxins at the Wastewater Treatment Plant (WWTP). This appears to be a step by DOE to eliminate mixing zones in the river. That elimination could lead to $50 -60 million in WWTP improvements needed to meet quality standards at the point of'. I/ effluence. HB 3056 deals with water rights. If any consideration for increased water rights is to be given, conservation in the community has to be implemented and demonstrated. Both of these pieces of legislation will have a significant impact on the City if they are passed. Mr. Krutsch discussed Best Management Practices and AKART standards. AKART (All Known And Reasonable Technologies) is what is used if you have an environmental challenge. DOE will ask how you want to deal with it and look at what is done in the region; what is known and reasonable to use to achieve water quality and performance • 2 248 FEBRUARY. 1, 2000 - ADJOURNED MEETING standards. To discharge stormwater to groundwater, it must meet drinking water standards. The City needs to be aggressive in opposing those types of regulations. Council Member Barnett said, throughout the manual, DOE indicated they want comments as it might be applied to Eastern Washington. Mr. Krutsch said the material has done that. Mr. Barnett thinks the City should submit the information in the format it is currently in because DOE has asked for it. Mr. Waarvick said staff did a technical review and recommends this policy guidance approach. Mr. Barnett said he thinks staff did a good job and the conclusions are the major things the Council wants to see. Mayor Place talked about dry wells. Mr. Krutsch said that all new construction would be required to have a dry well. Mr. Waarvick said staff has heard from DOE that they are not planning to go after existing dry wells. Mayor Place referenced the Boise papers in the packet and asked whether or not they are using dry wells. Mr. Waarvick responded that there were people talking about similar experiences in Spokane. Mr. Barnett said it seemed other cities had not been active in the process. Mr. Krutsch stated that Yakima has been driving a lot of the information developed to this point. He said the Tri- cities are doing some soil testing around dry wells to determine what levels of contaminants are being separated from stormwater. The DOE regulations (which become part of the Washington Administrative Code) need to be discussed with those who made the policy to see if they meet the legislative intent. Council Member Barnett pointed out that there is no known technology that can accomplish some of the things DOE would like to accomplish. Mr. Krutsch said there certainly was not any affordable technology available. In National Marine Fisheries policy, if you comply with EPA Phase I and II regulations, you will be in compliance with the Endangered Species Act. Those regulations are developed around Best Management Practices and are far less onerous than the State stormwater manual. Mr. Zais asked the Council to look at the position statements and see if they would recommend any changes. Mr. Barnett asked if the position statement regarding costs would have any bearing. Mr. Zais said that cost drives policy. He said the rule makers do not pay attention to cost, but the City's legislators pay attention to the cost. The costs are substantial and it is the public who ultimately • bears those costs. Mayor Place suggested going through the conclusions on page 25 of the report and, asked if the Tribe had been involved. Mr. Krutsch explained they are exempt. Mr. Waarvick presented the first conclusion, suggesting that DOE withdraw the proposed adoption of the Storm Water Management Manual as a statewide guidance document. The dissimilar conditions found between the marine environment for which the manual was developed and the semi -arid to arid environment of Central and Eastern Washington make the application of the Manual impractical. Mr. Beauchamp asked 3 FEBRUARY 1,, 2000 - ADJOURNED MEETING 2 4 9 if there were any favorable responses to these suggestions. Mr. Waarvick responded if momentum is any gauge, things could be looking better. He explained that when staff first brought these issues to Council's attention last fall, DOE was not interested in discussing a separate track for Eastern Washington. Now they are and have moved the comment deadlines as requested. The last statement by DOE officials indicated they might consider moving Eastern and Western Washington on separate tracks. Mr. Barnett talked about the first workshop in Yakima and said DOE officials were not favorable to separate tracks at that time and then at the second meeting in Ellensburg, there were enough people supporting the idea. If they want to have one document at least they will have two sections. They 'indicated they would make a determination after February 15th. Conclusion two suggests that DOE focus development of regulations that first implement the requirements of point source stormwater discharges to surface water as required by EPA under the Storm Water regulations. This involves point of discharge to surface systems. Mr. Waarvick said this is a fix as opposed to a best management practice. Conclusion three suggests that DOE adopt a more flexible and cost - efficient approach to stormwater management in Central and Eastern Washington. The revised program should focus on Source Control, Public Involvement /Education, Minimal Treatment BMP's and applicable Operations and Maintenance standards that can result in a significant reduction of pollutants in stormwater discharge which would meet and /or exceed the EPA Storm Water regulations. Conclusion four recommends that dry -well disposal, a practice used in Central and Eastern Washington for stormwater runoff be included in any Storm Water Management Manual for Central and Eastern Washington. With implementation of the "6 minimum control measures" proposed in the EPA Storm Water Regulations, dry -well disposal will be enhanced and will continue to be a flexible and cost - efficient approach to stormwater management in Central and Eastern Washington. Mr. Barnett said the 6 minimum control measures language needs to be struck because it is not a panacea to the problems. Assistant Mayor Mattson said it was good to refer back to them because there are cost effective and good measures contained in them. Mr. Barnett said he did not see the dry well disposal system and the 6 minimum control measures as related issues. Mr. Mattson said it could be a separate I/ bullet that would make it conclusion # 5. Mr. Barnett said that idea was fine with him. Conclusion five (now conclusion # six) said the City believes that delay of implementation'of a Stormwater Manual for Central and Eastern Washington is necessary'to conclude certain activities which include: development of scientific information regarding infiltration of stormwater into the subsurface soils of Central and Eastern Washington; development of scientific information regarding discharge • 4 250 FEBRUARY 1, 2000 - ADJOURNED MEETING of stormwater into surface waters of Central and Eastern Washington; development of Best Management Practices guidance by EPA under the Phase II Storm Water regulations; development of measurable goal guidance by EPA under the Phase II Storm Water regulations; determination of impacts to local agency budgeting and finance following the passage of Tax Initiative 695 on current and existing programs; identification of the essential elements that will be required by National Marine Fisheries Service under the ESA; and authorization for basin /watershed planning to continue to establish pollutant and flow control goals which are applicable to the area. Mayor Place asked if delay of implementation should be number one on the list. Mr. Waarvick said it certainly could be. Mr. Zais pointed out that it is number one in the policy statement. Assistant City Attorney, Larry Peterson, suggested it should say, "additional time should be taken" instead of saying 'delay.' Mr. Barnett said what is now Conclusion 6 needs to be incorporated into the policy statement, without the use of the word "delay ". Mr. Waarvick indicated that staff would do that. Mr. Mattson said he would like to add a bullet to what is now Conclusion 6, including a map of the Yakima Basin aquifer. Mr. Barnett asked if staff could accomplish all of that by February 15th. Mr. Zais indicated they could and said that the City is not creating the map, that the City would be asking DOE to do it. Mr. Beauchamp endorsed joining with the County as an ally in order to provide as much support as possible. Mayor Place asked what lead agency means and if there is a financial burden attached to it. Mr. Waarvick answered that the lead agency designation means which entity would talk to the State and the Federal representatives. Lead agency designation is based on which agency is best able to do financial assessments, administration, etc. Mayor Place asked if that meant dollars. Mr.Waarvick responded that it did. Mayor Place said it should be on the discussion table with the list of other items to be addressed jointly by the City and County. Mr. Waarvick said he will send Dan Hesse (Yakima County Public Works Director) a copy of the manual. Mayor Place will discuss it with County Commissioner Palacios and would like to do a joint report for the comment deadline. Council Member Barnett clarified that the City is not submitting all of the exhibits. Mr. Zais said the position statement and conclusions, with the construction activity bullet added, would be the documents submitted. Mr. Waarvick said responses to at least those technical areas where DOE has asked for input should also be included. Mr. Barnett said the Association of General Contractors and the gentleman on the State Policy Committee making a report to the State Legislature also need to receive copies. Mr. Waarvick spoke briefly about an apparent conflict between the basin watershed issues the City is dealing with and this one. Mr. Krutsch further discussed basin issues and priorities for basins and how to meet those goals and indicated the priorities would be cost 5 251 FEBRUARY 1, 2000 - ADJOURNED MEETING based. The Stormwater manual is bypassing citizens' abilities to have input. Mr. Barnett thought the manual said that if the basin planning team came up with rules, they would be exempt. Wastewater Treatment Plant Superintendent, Doug Mayo, explained that the rules would have to be more restrictive than the manual. Hearing Examiner, Phil Lamb, made some comments and suggested that this matter should be overseen by the legislature. Mr. Waarvick said DOE appeared to be exempting the Storm Water manual from the unfunded mandate categorization because it is not a regulation, just a guideline. However, cities are required to adopt it or its equivalent in city ordinances. Mr. Lamb said there is a committee in the legislature that has oversight to DOE rulemaking. Mr. Barnett commented that so many requirements were coming down the pike that he does not know how staff or anyone keeps up with it. Council Member Beauchamp said the City should do everything at the regional level to support Yakima's position, but if there is another advocacy track, the City should pursue it, too. • Council Member Sims said water operating costs are $54 per year cost per household for operating costs. Mr. Zais emphasized that this is operating ONLY. Environmental Analyst, Pete Hobbs, pointed out that number is applicable to residential only. It would be considerably more than that for a business. John Klingele, a citizen, pointed out inaccuracies in a DOE press release stating "facts" that are not correct about the amount of runoff at construction sites. Council Member Barnett suggested the City meet with the Association of General Contractors on this issue. Mr. Barnett will meet with them, joined by a member of City staff. It was MOVED BY MATTSON, SECONDED BY SIMS, TO ADJOURN AT 9:00 A.M. TO THE 2:00 P.M. COUNCIL MEETING ON FEBRUARY 1st, 2000. The motion carried by unanimous voice vote. ��� / 6 READ AND CERTIFIED ACCURATE BY: ;/ �` I `�� •UNCI EMBER__ DATE ( yam NCIL ME R DATE ATTEST: �1 /2„,„ .> City Clerk Mary Place, Mayor Minutes prepared by Marketa George Oliver. An audio and videotape of this meeting are available in the City Clerk's Office 6