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HomeMy WebLinkAboutNatural Resources January 29 20081 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 WHATCOM COUNTY COUNCIL Natural Resources Committee January 29, 2008 Committee Member Carl Weimer called the meeting to order at 9:30 a.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Absent: Seth Fleetwood None Bob Kelly Also Present: None SPECIAL ORDER OF BUSINESS 1. ELECTION OF COMMITTEE CHAIR (AB2008 -021) Fleetwood nominated Weimer. Nomination carried unanimously. COMMITTEE DISCUSSION 1. CONTINUED DISCUSSION OF LAKE WHATCOM WORK PLAN AND POLICY DECISIONS (AB2008 -073) Rebecca Craven, Council Policy Analyst, stated this is a continuation of a previous discussion. Each council and commission is to discuss the proposed work plan and policy discussion items (on file). Program areas five, six, and seven are ongoing programmatic items in the regular staff work plans. Fleetwood moved to recommend approval of program areas five through seven in the Lake Whatcom Reservoir Management Program Priority Tasks for 2008. Motion carried unanimously. John Everett, Planning and Development Services Department, described program area eight. The biggest impact from transportation is simply the number of cars traveling within the watershed. Investigate how to reduce the vehicle mile trips (VIAT), which blends with commute trip reduction. Create a prioritized list of action items to reduce trips. Weimer asked if the funding for task 8.1 already exists. Natural Resources Committee, 1/29/2008, Page 1 1 Cathy Craver, Planning and Development Services Department, stated they have 2 some funding for ongoing activities, but the activities could be expanded. To go any 3 further, they may need more funding. 4 5 Weimer stated they have funding to come up with priorities, but it would take extra 6 funding to implement anything. Craver stated that is correct. 7 8 Kelly asked how the policy discussion issues fit into the work plan. Everett stated 9 those items are suggested for consideration from the policy group. The first policy 10 discussion item for program area eight is covered by the suggested work program. The 11 second discussion item is related to transportation, because there may be a desire to revisit 12 current road standards. City and County transportation staff have talked about the third 13 discussion item. It's not really related to reducing traffic. It makes sure vehicles are well - 14 maintained. The cost -to- benefit ratio of such a program may be high. 15 16 Fleetwood asked if they are looking at how to reduce traffic on roads adjacent to the 17 lake. He asked how they'd do that. Everett stated they want to look at all their options for 18 reducing vehicle miles and prioritize those options by the level of effort required and the 19 possible results. 20 21 Fleetwood asked if one solution is to tell people they can't use Lake Whatcom 22 Boulevard. Everett stated it is a solution, but they must understand the ramifications of 23 that solution. They would need to accelerate the improvement of Lake Louise Road as an 24 alternative safe route. Consideration of closing the road can be a staff work item. 25 26 Fleetwood stated they could create conditions by which people can use the road, 27 such as limiting drivers and drive time. It could be tied to commute trip reduction, and be 28 an incentive for people to look at ride sharing. Everett stated they could. It would be very 29 ambitious. 30 31 Weimer asked how extreme the options can be. Everett stated the staff can consider 32 more extreme options if the Council wants. 33 34 Craven stated the goal of this policy discussion paper is to collect the ideas that are 35 in the community. They are formulating the work plan for the year. The Council can 36 indicate which items on the work plan should continue and which should not continue. Staff 37 would like the Council to approve or not approve the items on the work plan list. 38 39 Weimer asked if item 8.2 on the plan includes more drastic options for trip reduction. 40 Don't spend a lot of time on such measures. Everett stated that the staff's proposed work 41 plan includes the same as the items in 8.2. The more radical ideas are not included 42 because of a lack of resources. If they add more items to 8.2, they run into resource 43 issues. 44 45 Weimer stated the items in 8.2 are the more standard trip reduction items. Those 46 are things to keep on the list to address at some point, but it isn't a high priority. Other 47 issues are more important. 48 49 Kelly stated don't get caught up on issues that aren't part of the biggest limiting 50 factors in terms of water quality for the lake. It doesn't allow them to get to the crux of the 51 problem. He agrees with Councilmember Weimer. Include in the work plan the analysis on Natural Resources Committee, 1/29/2008, Page 2 water quality impacts, which is bullet point two of the policy discussion for program area eight. He asked if that work has been done and further analysis isn't required. Kirk Christensen, Public Works Department, stated they haven't done major work to look at narrow roads. The main issue is balancing safety with narrower roads. Kelly asked if there has been analysis of stormwater runoff effects associated with existing roads in terms of water quality. Claire Fogelsong, City of Bellingham, stated this is a sleeper item. There is an assumption that paved roads that are fast and safe will improve water quality. A question is whether those paved roads will increase development potential in the watershed or if there is less water quality degradation from gravel roads. This item represents many issues dealing with infrastructure as an attractive nuisance for development in the watershed. This item is about considering whether paved roads with curbs and gutters are a benefit or detriment to water quality in the watershed. It's an issue they've heard about from the community. Weimer stated they are monitoring the runoff from the current road. Christensen stated they are. They must find the balance between reducing impervious surfaces and not creating other problems. Kelly asked if they have a handle on current stormwater implications to water quality on the lake. He asked if they don't need further analysis of that. He asked if it is being monitored enough. He's leanin.g toward not including any of the policy discussion items in program area eight in the work plan. Christensen stated they can use more monitoring data. They've monitored some of the runoff. John Hutchings, Public Works Department, stated a body of work to analyze stormwater runoff and its impacts on water quality is being done. The work isn't enough to identify the specific sources. They would not get that information, even with a lot more money. The information they get must help the Council make decisions about roads. Continue to focus on those things they're undertaking now regarding water quality. They expect the total maximum daily load (TMDL) study analysis from the State Department of Ecology (DOE) soon. The DOE's response will shed light on the level of knowledge they have on the individual sources of phosphorus and other things. The information is coming forward. Don't focus too much on something that they can't answer without a substantial investment. Christensen stated their focus of study and capital projects is in the denser areas where there are more roads. Fleetwood moved to recommend approval of program area eight. Motion carried unanimously. Weimer stated they must make sure development of new recreation areas around the lake doesn't impact water quality. Kelly stated he hesitates about focusing on smaller issues regarding limiting factors, but he doesn't want to restrict discussion between the two bodies. Natural Resources Committee, 1/29/2008, Page 3 1 Weimer moved to recommend approval of program area nine. 2 3 Motion carried unanimously. 4 5 Craven stated there is a correction to item 10.3, in the products column. Strike 6 unified reports. The reports will be from each of the jurisdictions about their respective 7 monitoring and maintenance. 8 9 Kelly stated the goal is to develop a unified report. 10 11 Fleetwood moved to recommend approval of program area ten. 12 13 Motion carried unanimously. 14 15 Weimer referenced program area 11.4. There's a sense among County 16 councilmembers that putting 21 people in a room to decide anything is silly. Come up with 17 a better working group amongst the councils. The entire group can still meet once or twice 18 per year. Add language to task 11.4 to develop a way to keep policy decision - makers 19 involved on an ongoing basis. Have more ongoing policy discussions. 20 21 Fogelsong stated he suggests language, "Staff will support, organize, and facilitate 22 joint council members and commissioners at designated committee meetings regarding 23 Lake Whatcom." Indicate that staff will support the councils' small group meetings. Make 24 that a different task within the program area. 25 26 Weimer moved to recommend approval of program area 11 with a new task, 11.7 27 that staff will support development and ongoing meetings of a working group of the 28 councils. 29 30 Motion carried unanimously. 31 32 Craver described program area 12, which is a new program area. It is based on 33 creating a joint enforcement team and identifying gaps in regulations. 34 35 Fleetwood asked if this requires additional staff. Craver stated this item is to get 36 existing staff to the table to discuss issues. They would develop recommendations and a 37 possible new budget request. 38 39 (Clerk's Note: End of tape one, side A.) 40 41 Weimer moved to recommend approval of program area 12. 42 43 Motion carried unanimously. 44 45 Craven stated deal with program areas one and three in the policy discussion 46 document with new Planning Director David Stalheim. 47 48 Fleetwood asked if the second bullet item in program area one of the policy 49 discussion document refers to downzones or upzones in the watershed. Craven stated that 50 item refers to the possibility of both downzones and upzones. 51 Natural Resources Committee, 1/29/2008, Page 4 1 Fleetwood asked if the first bullet item in program area one of the policy discussion 2 means they will try to get more money for acquisitions. Craven stated it does. 3 4 Fogelsong stated the City used to have a program to buy lots in tax foreclosure. 5 They were restricted by policy to not be allowed to bid on the properties above the 6 minimum bid. One option is to allow the City to participate in the bidding process. Be 7 creative about how they participate in those opportunities. 8 9 David Stalheim, Planning and Development Services Director, stated they're trying to 10 step back as a department and develop an overall work program for the department. These 11 items are part of that overall work program. They don't anticipate having that fully vetted 12 until the end of February. For instance, the issue of changing zoning takes resources. 13 14 Conversation and leadership on the transfer of development rights (TDR) program 15 has gotten lost. Reenergize that program with the City planning staff. A State committee is 16 reviewing State TDR programs. They may get hooked into that State program in the 17 context of a program in Whatcom County, 18 19 Weimer asked if the ongoing moratoria will stay in the plan or wait for growth 20 management review in the future. Stalheim stated those are in the work plan. There are 21 over 90 items in the work program now. Those will all come forward for further discussion 22 and prioritization. 23 24 Weimer stated the plan doesn't include the task of looking for more funding. 25 Stalheim stated they will make sure these issues are integrated into the long range work 26 program. Staff has created a database to assign work hours for staff. They're trying to 27 quantify that information. They will identify tasks for consultants. When all that's 28 quantified, they will see existing resources and funding and identify gaps. 29 30 Weimer asked if they will work on developing options for a new funding structure. 31 Craven stated they will, within a couple of contexts. That is part of phase two of the CH2M 32 Hill scope of work on the comprehensive water resources integration project. The 33 consultant will look at options for funding water resource programs in the county and 34 potential governance structures. 35 36 The work plan now is generally a reflection of funded work programs within the 37 County, City, and District. As things from the policy discussion list are added, they can be 38 treated as requests for additional funding or something must get kicked off the existing 39 work plan. As they go through the policy issues, or if the Council needs additional 40 information from staff, make sure to ask how much it will cost. 41 42 Weimer asked if the City is part of that discussion about overall management. The 43 County may have a great idea for a new district, but it must talk with the City about It. 44 Fogelsong stated each program area may have different funds available. They don't have 45 much flexibility with present programming to drop a task and apply the money elsewhere. 46 The same is true for the acquisition program. If they replace the current funding 47 mechanism with only district funding, they would get a lot less out of the district than they 48 receive now from various programs that tax city and lake residents for activities in the 49 watershed. The Lake Whatcom staff is sparse. They don't have a lot of full -time equivalent 50 (FTE) employees assigned to develop a funding strategy. 51 Natural Resources Committee, 1/29/2008, Page 5 Weimer stated focus on program areas one through three in the policy discussion paper. Fleetwood stated he agrees on program areas one through three. The City has identified locations in the watershed that have the potential for buyout. They need more money. Weimer stated the potential for land acquisition isn't clear. Fleetwood stated further refine and present recommendations on funding options. That may be happening through other means. It's a component of the Comprehensive Stormwater Management Plan. This is an inter - jurisdictional group. He asked if they can charge the inter - jurisdictional group to come up with global funding options. Craven stated leave it up to the individual bodies. There are differences among the three jurisdictions and what funding options are available to them. Don't task the collective staffs with doing that. They could have a conversation with the City about whether and to what extent they are pursuing these same things. The City is bonding future revenue on the acquisition fund to get more of that money up front. That will give the City $21 million to spend over several years. Weimer stated he is looking for more clarity on what's available for acquisition and the associated costs regarding program area one. Fleetwood asked if the second bullet item in program area one is left over from the past, before they did the Lake Whatcom downzone. He asked if it is the present recommendation from the group. Weimer stated these are ideas floating around in the community, not recommendations from staff. Stalheim stated it's fine to have a list of these bullet points. However, talk about the overall growth management program, and their long -term goals, and how they consolidate these conversations. He doesn't recommending going further with these items until they have that larger conversation. Think about the global context of that conversation before they start another task. Craven stated there is information on what land is available and how much it will cost. The Council has tasked her to look at options for a potential new zone in the urban growth areas (UGA's) in the watershed to get an idea of parcel and permit tracking information. She will come forward with specific information on the potential effect of a new zone in that area and whether it produces any substantial benefit. That work is in the larger work plan. Fogelsong stated the City put together a rough draft estimate of the number of units left in the watershed to be developed and how much development happens every year. From that information, identify a trend of whether downzoning becomes moot to lessen development pressure in the watershed. Have a paper that outlines all the consequences and factors that play into the voices that have been given to this issue. Weimer stated he would like information on what's out there, available, can be purchased, and is vested. Fogelsong stated staff can package that information. Natural Resources Committee, 1/29/2008, Page 6 1 Weimer stated he doesn't know what a successful downzone would do without that 2 information. He asked about defining urban levels of service. Stalheim stated that is in the 3 work plan. 4 5 Weimer asked if the Council will get a white paper that defines what is urban and 6 what is rural. Stalheim stated the issue is what happens outside of urban growth areas. 7 That gets to the discussion of limited areas of more intense rural development (LAMIRD's). 8 That's an extensive effort the staff will undertake after the UGA review. Staff is assigned. 9 Part of that conversation includes issues associated with water and sewer line extensions. 10 11 Weimer stated he wants information about sewer and water extensions. There is a 12 gray area about whether those are urban or rural. The court case may clarify that 13 confusion. Stalheim stated Hearings Boards have been clear that sewer outside urban 14 growth areas is an urban service and should not be allowed. 15 16 Weimer stated program area two of the policy discussion paper isn't clear. 17 Councilmember Brenner advocates a retrofit program on existing lots. He agrees. He 18 asked how to address that. He asked if they need more information about a retrofit 19 program. 20 21 Bill Riley, City of Bellingham Stormwater Manager, stated the City has regulations to 22 implement bullet item one of program area two. Those things are included to a degree in 23 compliance with the 2005 stormwater manual for Western Washington. Infiltration is the 24 best management practice (BMP) for stormwater management. Depending on soil 25 conditions, it may be impossible to mandate infiltration on all lots. Allow for those kinds of 26 circumstances. If soils aren't conducive to infiltration, it could become a development 27 restriction. Regulations require an analysis of stormwater infiltration. He discussed the 28 City's tasks and regulations regarding stormwater. The bullet points on the list are close to 29 the joint City and County efforts. Consider funding if available. 30 31 Regarding the third bullet point in program area two of the policy discussion issues, 32 it's important to join efforts. They are already sharing resources and working together in 33 the Lake Whatcom watershed for monitoring, education, and other tasks. The City will 34 reenergize the stormwater staff between the County and City to explore this even more. 35 36 Weimer stated work is being done on all three of the bullet points in program area 37 two. He asked if the City's pilot project on retrofits may lead to a white paper on what 38 works and what doesn't work. Riley stated it may. 39 40 Christensen stated they are working hard together on the TMDL. 41 42 Weimer stated it is due February 15, according to the Department of Ecology. They 43 will discuss the rest of the policy discussion program areas at the next meeting. Program 44 areas one through three are the highest priorities. 45 46 2. STATUS REPORT ON THE LAKE WHATCOM LAND RECONVEYANCE PROCESS 47 (AB2008 -074) 48 49 This item was withdrawn from the agenda. 50 51 52 OTHER BUSINESS Natural Resources Committee, 1/29/2008, Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 There was no other business. ADJOURN The meeting adjourned at 11:00 a.m. a Jill Nixon, Minutes Transcription AT Fot% kl C O 6pna Qavi. Quncjk Clerk .• si ', WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Committee Chair Natural Resources Committee, 1/29/2008, Page 8