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HomeMy WebLinkAbout02/19/2002 Adjourned Joint Meeting 4 4 3. CITY OF YAKIMA, WASHINGTON ADJOURNED JOINT MEETING OF THE CITY COUNCIL WITH YAKIMA COUNTY COMMISSIONERS FEBRUARY 19, 2002 - 7:30 A.M. 129 NORTH 2 STREET - COUNCIL CHAMBERS 1. ROLL CALL Present: Council: Mayor Mary Place, presiding, Council Members Clarence Barnett, Lynn Buchanan, Paul George, Larry Mattson, John Puccinelli, and Bernard Sims Staff: Dick Zais, City Manager; Glenn Rice, Assistant City Manager; Larry Peterson, Assistant City Attorney, Chris Waarvick, Public Works Director; Doug Mayo, Wastewater Manager; Dueane Calvin, Water and Irrigation Manager; Pete Hobbs, Environmental Analyst; Doug Maples, Code Administration and Planning Manager; Kay Adams, City Engineer; Shelley Willson, Streets and Traffic Manager; and City Clerk Roberts Commissioners: Jim Lewis Absent: Ron Gamache (chair) and Jesse Palacios (excused) Staff: Doug Cochran, County Administrator; Vern Redifer, Senior Public Works Director; Don Gatchalian, Director of Public Works; and John Knutson, Senior Public Works Manager State DOE: Tom Tebbs 2. REVIEW OF PROPOSED STORMWATER STUDY • Introductory remarks by Vern Redifer Vern Redifier reminded the legislators about the March 1, 2003 deadline to file a Notice of Intent for the Stormwater Management Plan under the NPDES permitting process. We will have to accelerate our efforts on this plan to try to complete the planning effort by that deadline. We provided the two legislative bodies with a draft interlocal agreement outlining a preliminary scope of work and cost sharing to do this cooperatively with the County and the cities of Yakima Union Gap and Selah (although Selah is almost done with their plan). He stated that staff estimates it will cost about $500,000 to prepare this Plan. A portion of the cost may be shared with the County's Flood District since it is undergoing a similar planning process and the two may overlap. • Council Member requests expansion of scope of work Council Member Barnett asked to expand the scope of work to add a task that the consultant select the Best Management Practices best suited to Yakima's climate for each of the six control measures. After hearing from staff that adding this task may create a timing issue to complete the Notice of Intent, Council Member 444 FEBRUARY 19, 2002 — JOINT ADJOURNED MEETING WITH THE COUNTY COMMISSIONERS Barnett urged staff, due to its importance and necessity, to expand the scope of work to have the consultant develop an argument for the intended use of dry wells without structural pre- treatment. Mr. Knutson commented that as we develop the Eastern Washington Stormwater manual, the state is embarking on reviewing its under grade injection well regulations that regulate our dry wells. Now is a good time to let DOE know our opinion on dry wells. • What is being required? John Knutson reviewed the six minimum control measures required by Phase II NPDES requirements: 1) Public involvement 2) Public education and outreach on storm water impacts 3) Construction site erosion /sediment control 4) Post construction stormwater control in new development and redevelopment 5) Illicit discharge detection and elimination 6) Pollution prevention / good housekeeping for municipal operations — educating workers to be more environmentally sensitive in maintaining storm drains, streets, parking lots, etc. He provided additional information and explanation: • Each of these requirements must have its own best science practices developed • The NPDES (National Pollution Discharge Elimination System) is a part of the Clean Water Act • Phase II regulations require small cities to get a NPDES permit • The six minimum control measures will be regulated within the Yakima urban area once the local entities have defined that area. • The State DOE said they would implement the permitting process • DOE issues the state discharge permit and also has an under grade injection well control program • We have to figure out how intergovernmentally we will have a compliant program • A lot of questions have to be answered on liability and who will do what Mayor Place asked if the urban area could be expanded later. Mr. Knutson responded that he would have to ask the consultant. • Discussion, questions and answers Tom Tebbs, DOE Section Manager for Water Quality, commented that city and county staffs have participated in the Eastern Washington Stormwater Manual development. The Department is not interested in retrofitting existing dry wells. The water control standards are getting tougher in order to clean up our water. DOE doesn't have any grants to improve systems, but low- interest loans are available. Commissioner Lewis referenced a ground water study that the State, the Yakama Nation and the Bureau of Reclamation are conducting on the continuity and connectivity of the Basin aquifer from Kittitas County to Benton County and asked if there is any information from that Study that would be useful to us. How can one 2 445 FEBRUARY 19, 2002 — JOINT ADJOURNED MEETING WITH THE COUNTY COMMISSIONERS • jurisdiction be responsible for pollutants coming from a non - regulated jurisdiction's development? Mr. Tebbs stated they have a non -point program, responding to citizen complaints, that addresses non -point sources of pollution, e.g., agriculture. If the people don't voluntarily clean it up there are laws to ensure that the clean up is done. The State wants to work with the local entities and can build a program that could be defensible to third party lawsuits. The Clean Water Act allows third parties to sue you. Council Member Puccinelli voiced his concern about the cost of these regulations and the impact this will have on citizens with fixed incomes. Council Member Mattson suggested that a mediation process be included in Section 5.11, Dispute Resolution clause, in the interlocal agreement, instead of going directly to court. He also thought that the scope of work needs to be more detailed and that the cost would more likely be around $800,000. City Manager Zais stated that EPA's Dispute Center could be utilized before going to court. Referencing Item No. 4 on page 4 of the Scope of Work, Mayor Place expressed concern that identifying "hot spots" where water quality and runoff is particularly bad would expose the City to liability. Mr. Tebbs replied that they will find the problem areas and fix them. • The legislative bodies give direction Commissioner Lewis suggested that a subcommittee with representatives from the County and the cities of Yakima and Union Gap meet to finalize the draft interlocal agreement. In the meantime, staff could review and refine the consultant agreement. Mayor Place and Council Members Barnett and Mattson volunteered to serve on the committee. 3. ADJOURNMENT The meeting adjourned at 8:38 a.m. READ AND CERTIFIED ACCURATE BY: �yl�� COUNCIL MEMBER DATE `76a740)(44a141-(/ 4/61./ COUNCIL MEMB R DATE ATTEST: 1{s2-, Z CITY CLERK //IARY PLACE, MAYOR Minutes prepared by Karen Roberts. An and video tape of this meeting are'available in the City Clerk's Office 3