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Planning Policy Commission Auto captions

Thursday, May 13, 2021

6:30 PM · 2h 45m
Topic tracked across meetings:
Storm and Surface Water Master Plan Contract Addendum No. 5 AB 8528 1/2
Section
1. CALL TO ORDER
1a
Commission Membership
packet pp.3
Staff report:
PLANNING POLICY COMMISSION Staff Liaison Christen Leeson, Senior About Planner Created in 1983, this commission serves as a Email policy advisory body to the Mayor and provides guidance and direction for Issaquah's future Regular Members growth through continued review and 2022 – Joy Lewis improvement to the City's Comprehensive Land 2022 – Matt Monahan Use Plan and related land use documents. 2022 – Jason Voiss 2022 – Vacant Membership 2023 – Nina Milligan The Planning Policy Commission is comprised of 2024 – Ron Faul seven regular members, with four-year terms; 2024 – Sara Bader and several alternates, with two-year terms. All members are appointed by the Mayor and Alternate Members subject to confirmation by the City Council. 2022 - Richard Zaragoza Terms expire April 30 of the year listed. For 2023 - Vacant more information, see IMC 18.03 and Rules & Regulations. Meetings Unless…
2. APPROVAL OF MINUTES
2a
Minutes of April 22, 2021
packet pp.5–10
Staff report:
APPROVAL OF MINUTES a) 04-22-21 Planning Policy Commission Minutes Page [0000]
3. REGULAR BUSINESS
3a
Officer Elections
Action · Christen Leeson, Senior Planner · packet pp.11–12
Staff report:
Elect a Chair and a Vice-Chair whose terms will last through April 30, 2022.
3b
Open Public Meetings Act and Bylaws Training, (D)
Tina Eggers, City Clerk James Haney, City Attorney, Ogden Murphy Wallace · packet pp.13–56
Staff report:
Review and ask questions regarding the Planning Policy Commission Bylaws (Rules & Regulations), Open Public Meetings Act and public hearing process.
3c
Introduction to Storm and Surface Water Management Plan, (D)
Gary Schimek, Utilities Engineering Manager · packet pp.57–58
Topics: Water
Staff report:
The meeting purpose is to present an update on the development of the City’s Storm and Surface Water Master Plan (SSWMP).
4. REPORTS
4a
Council Updates
Christen Leeson, Senior Planner
6. OTHER BUSINESS / ANNOUNCEMENTS
6a
Upcoming Schedule
packet pp.59
Staff report:
FEBRUARY AUGUST 2/11/21 Cancelled 8/12/21  2021 Comprhensive Plan Amendments: Land Use Element: Climate Change policies 2/25/21 Cancelled 8/26/21  2021 Comprhensive Plan Amendments: Redesignations/Rezones MARCH SEPTEMBER 3/11/21  Public Hearing: Electric Vehicle Charging 9/9/21 TBD Stations  CPPs and Growth Targets Presentation (Informational) 3/25/21  PPC/EVC Joint Meeting: Title 18: Signs 9/23/21  Public Hearing: 2021 Comprehensive Plan and Zoning Map Amendments APRIL OCTOBER 4/8/21 Cancelled 10/14/21  Public Hearing: 2021 Comprehensive Plan and Zoning Map Amendments (continued) 4/22/21  Public Hearing: Signs Amendments 10/28/21 TBD  CIP/TIP
0:00 policy planning commission meeting for
0:03 thursday may 13 2020 or sorry 2021
0:07 uh time is at 6 30. and i've got a
0:10 script here to read so welcome
0:12 see due to the virtual format of today's
0:14 meeting i'd like to start by providing
0:16 some guidelines we have participants
0:18 attending by computer
0:20 and others who may be attending by phone
0:23 for all meeting attendees please speak
0:25 clearly and pause frequently
0:27 state your name each time before
0:29 speaking mutual microphone when not
0:32 speaking
0:33 if having technical issues try joining
0:35 the meeting using different device such
0:37 as a smartphone or tablet
0:39 use the call in feature in the meeting
0:43 invite to call into the meeting
0:45 okay and for tonight's overview
0:49 um we'll be holding elections for a new
0:52 chair and vice chair
0:54 receiving trainings regarding ppc's
0:56 bylaws
0:58 the open public meetings act and public
1:00 hearing process and procedures
1:03 then we will hear a presentation from
1:05 gary schmick
1:06 the city's utilities engineer and
1:08 manager
1:09 regarding the upcoming storm surface and
1:11 water management plan
1:14 and for attendance uh kristen do you
1:16 want to go and call the roll
1:19 yes if you all will just unmute and say
1:22 here when i call your name please
1:24 commissioner lewis here
1:27 commissioner milligan here
1:31 commissioner monahan here
1:34 mr bader here
1:38 commissioner voice
1:43 here commissioner zaragoza
1:47 here and commissioner foul
1:51 here all are present
1:59 all right excellent and
2:02 uh so let's go ahead and join
2:06 or welcome sarah vader our new ppc
2:10 commissioner hello so i'm not going to
2:13 put you on the spot but you've got 30
2:14 seconds
2:15 to tell us your something about you and
2:19 your favorite trail in issaquah okay
2:23 good question um so hi everyone i'm
2:26 sarah vader um
2:29 what let's see what to say about me in
2:30 30 seconds um we've lived in iska for
2:32 about a year and a half so we're pretty
2:34 new um i have a six-year-old and because
2:37 of that my favorite trail is the swamp
2:39 trail
2:40 on tiger mountain and we have a lot of
2:41 fun there so
2:43 that's probably my answer those on the
2:45 trails right behind my house on cooper
2:47 mountain
2:50 very cool welcome aboard thanks all
2:53 right and now we're going to move to the
2:55 approval of the minutes
2:56 uh are there any corrections to the
3:00 april 22nd
3:02 2021 minutes provided in the agenda
3:05 packets
3:07 here on one clerical uh issue my name
3:09 does not have a g in it so if we could
3:11 remove the g
3:14 that would be great excellent yes good
3:16 point
3:20 okay uh any other
3:23 corrections or comments to be noted
3:28 okay hearing none uh the minutes are now
3:32 approved with the
3:33 clerical uh correction for matt monaghan
3:39 okay and now we're moving on to regular
3:42 business
3:44 we are going to move into the election
3:49 of the chair and vice chair
3:52 and first i will call for nominations
3:54 would anybody like to nominate anybody
4:01 okay
4:05 go ahead chase commissioner voice um i'm
4:08 gonna go ahead and
4:09 nominate mr fowle who's done an
4:12 incredible job as our acting chair
4:16 except for when he tried to take us back
4:17 to 2020 moments ago
4:21 great job thank you for not crucifying
4:23 me for that
4:24 i'd want to go back another year
4:28 thank you very much
4:31 any other nominations nina
4:37 you're on mute
4:41 my thing up in the air now can you hear
4:43 me yes
4:44 yes i'll nominate jason voice as vice
4:47 chair
4:49 excellent are there any other
4:51 nominations excuse me we're just doing
4:53 we're just doing nominations for chair
4:54 right now
4:55 and we'll do that we'll do that vote
4:57 first and then we'll go on to vice chair
4:59 okay any other nominations for chair
5:04 would anybody like to run for a chair
5:06 not asking for competition but
5:12 okay so uh kristen do you want to go and
5:15 take a vote
5:18 yes i will so we are voting for ron fall
5:22 for chair
5:23 and um say yay or nay when i call your
5:26 name please commissioner lewis
5:28 yay mr milligan
5:32 yay commissioner monahan
5:36 yay
5:51 okay all right uh
5:54 unanimously seven uh with seven votes
5:57 commissioner foul
5:58 is our new chair thank you all and i
6:01 will not fail you i will definitely
6:03 learn what i need to learn
6:04 to do an excellent job
6:08 all right and now we'll move on to vice
6:11 chair
6:11 and do we hear any nominations uh
6:15 beyond nina's for jason voice
6:23 okay hearing none um
6:25 [Music]
6:27 kristen you want to go ahead and call of
6:29 the roll
6:31 yes voting for on jason voice
6:34 for vice chair so when i call your name
6:37 please unmute
6:38 commissioner lewis yay
6:41 mr milligan yay
6:45 mr monahan
7:00 yay and commissioner fall
7:03 absolutely i mean yay all right
7:06 with seven votes uh commissioner jason
7:08 voice is our new vice chair
7:10 congratulations jason
7:16 okay thank you kristen for calling the
7:18 vote
7:19 and
7:20 [Music]
7:23 you're now moving on to training for
7:25 tonight
7:28 okay and that's going to be with uh tina
7:31 eggers
7:32 hi thank you uh good evening chair
7:36 commissioners i'm tina agers i'm your
7:38 city clerk
7:39 and first thank you all of you for your
7:42 valuable
7:43 service to the community issaquah is
7:45 certainly a
7:46 a great place to live and work i have
7:49 25 plus years in local government 17 of
7:53 those here
7:53 in issaquah um let's see
7:57 so we're gonna do some training tonight
7:59 we're always available to
8:01 for questions outside of your meetings
8:04 and if uh you find that you'd like us to
8:07 return
8:07 at some point in the future we're happy
8:09 to do that too joining me this evening
8:11 is our city attorney
8:13 mr haney would you like to say hello and
8:15 make an introduction
8:18 yes good evening i'm jim haney i'm the
8:21 city attorney for the city of issaquah
8:24 i have been the city attorney now for i
8:26 think about
8:27 three years or s maybe it's four years
8:31 now
8:32 i can't remember but i've been with my
8:36 firm
8:36 for uh 38 years and have worked with
8:40 the city of issaquah a number of times
8:42 in the past
8:43 i took over for wayne tanaka when wayne
8:46 retired
8:46 a few years back so i'm happy to be here
8:49 to help you and to
8:51 work with you on the training and i look
8:54 forward to hearing what tina has to say
8:56 because i always learn something when i
8:58 speak to city clerks they know where
9:01 everything uh how everything should be
9:03 managed and it's uh
9:04 it's always nice to work with a clerk
9:06 with as much experience as tina
9:10 well thank you for that i'm going to go
9:12 ahead and share my screen so give me a
9:14 moment here
9:15 and then someone else our deputy city
9:18 clerk tisha
9:20 geezer could not make tonight's meeting
9:23 but she's a great resource as well and i
9:25 thank her for her help in putting to
9:27 this
9:27 presentation together so here we go
9:33 you should be seeing my screen if
9:35 someone wouldn't mind
9:36 confirming that that would be great
9:39 so we can see your screen thank you
9:41 thank you very much
9:42 okay see if i can navigate my multiple
9:46 screens here with success
9:49 all right so tonight we're going to
9:50 cover open government training
9:52 components
9:54 uh which is the public meetings and
9:56 public records
9:57 we're also going to go over your code of
9:59 ethics the roles
10:01 of the members some of your media
10:03 procedures
10:05 public hearings and your legislative
10:08 process
10:13 so the first part of the presentation
10:15 covers and i'm going to ask
10:17 jim if you could mute yep there we go
10:20 make sure that we don't have some
10:21 duplicate sound happening
10:23 oops there we go all right
10:26 so the first part of the presentation
10:28 covers some important state laws
10:30 these laws are relevant to the service
10:33 that you do as a commissioner
10:34 the second half of the presentation will
10:36 cover specific
10:37 processes of your commission so let's
10:41 talk about the sunshine laws which are
10:43 referred to as the open government
10:45 trainings
10:46 act this is again relevant to the
10:48 service
10:49 that you do as a commissioner the
10:51 training is mandated
10:53 by state law and consists of three
10:55 elements it consists of
10:57 the open public meetings act
11:00 and public records and records
11:03 management
11:08 so the intent of this training is to
11:10 increase knowledge
11:12 of the laws and responsibilities of
11:14 jurisdictions and those who perform
11:16 various duties staff counsel and
11:19 appointed officials like yourselves the
11:22 state auditor's office is looking to
11:23 reduce findings
11:25 decrease violations and cities of course
11:28 are looking to reduce
11:29 risk the state auditor's office has
11:31 found
11:32 that most violations are not malicious
11:35 they're not intentional
11:37 that the violations resulted from
11:38 insufficient training or knowledge so
11:41 again the acts the state laws intended
11:44 to foster open government education
11:47 and to reduce liability
11:51 so opma you've probably heard that from
11:53 time to time
11:54 or our newest members that stands for
11:56 the open public meetings
11:58 act really the intent of that is that me
12:01 your meetings are open from start to
12:02 finish
12:03 we also refer to that as gavel to gavel
12:06 the idea is the public has the right to
12:09 attend
12:10 to observe your decision-making process
12:14 so for in-person meetings that means we
12:16 have to have
12:17 an accessible meeting space that's open
12:20 to the public
12:22 however at this time of course we're in
12:24 a virtual
12:25 world a virtual meeting this means that
12:29 must provide an opportunity or pathway
12:31 for
12:32 the public to attend virtually as well
12:35 your meetings are also recorded they're
12:38 live streamed and they're
12:39 they're aired on our youtube channel and
12:42 also
12:43 channel 21 for all meetings advanced
12:47 notice to the public is required
12:49 uh there's few extensions when a meeting
12:51 may be close to the public
12:53 but those are very few and i'll speak
12:57 briefly to executive sessions
12:59 a bit later in the presentation but
13:01 really
13:02 i want to ensure that you are operating
13:05 within
13:05 opma and again in the spirit of being
13:09 open and transparent
13:13 so you have two categories for your
13:15 meetings they'll either fall into
13:17 special
13:18 or sorry regular or special meetings
13:20 your regular meetings are already
13:21 defined
13:22 those are defined as your second or
13:24 fourth thursday of the month
13:27 uh the time stamp for those is a start
13:30 time at 6
13:30 30 p.m and the location is the council
13:34 chambers
13:34 although again right now due to the
13:37 governor's declared
13:39 covet 19 uh emergency and related health
13:42 and public safety concerns
13:44 we are allowed to hold our meetings
13:46 entirely virtually however that will
13:48 change
13:49 as we advance through the phases of
13:51 recovery
13:53 so again your regular meetings would
13:55 fall into this
13:57 center bracket anything that was held
14:00 outside of that date time
14:02 or location is considered a special
14:05 meeting
14:08 you may also refer to special meetings
14:10 as work sessions workshops
14:12 retreats it could be a training the list
14:16 goes on but regardless all meetings
14:19 must include an agenda and minutes
14:22 agendas must be posted at a minimum
14:24 of 24 hours before your meeting of
14:27 course we strive for greater
14:32 access than that so we thrive for five
14:34 days in advance of your meeting
14:36 and although public comment is not
14:37 required by state law
14:39 we do find it valuable and
14:42 is included as part of your agenda
14:48 oh i should let me go back for a moment
14:53 i should note that for special meetings
14:55 it's important
14:56 that if the commission was going to be
15:00 taking final action
15:02 on an item that the agenda would have
15:04 had to
15:05 had properly stated that action that
15:08 would be considered
15:10 if that action was not clearly
15:12 identified on that special meeting
15:14 or special meeting notice then um that
15:17 item would have to be carried over to uh
15:20 um one of your regular meetings or to
15:22 another special meeting that could be
15:23 properly noticed
15:29 so i mentioned uh portions of the
15:31 meeting that could be closed to the
15:32 public
15:34 this is very rare there's very few
15:36 exceptions when a meeting could be
15:38 closed
15:39 we refer to these as executive sessions
15:42 council boards or commissions
15:43 may only use this for the purposes that
15:46 are identified by state law
15:48 and when allowed it's for discussion
15:50 only no action
15:52 may be taken uh within the closed
15:54 session
15:55 and um some examples that you might see
15:58 are
15:58 our city council um recessing into
16:01 executive session would be for
16:03 discussing litigation
16:04 or property acquisitions there's there's
16:07 some other
16:08 um avenues that that are provided
16:11 under the state law but again uh this is
16:14 something that we would rarely see for
16:16 this board
16:18 or commission and if we found that you
16:21 needed one
16:22 we would work to properly notice it
16:25 provide the proper
16:26 announcement to the chair and we would
16:29 ensure that the right individuals were
16:31 present
16:32 so if it was litigation our city
16:34 attorney would be present to ensure that
16:37 he was on hand to meet the state
16:40 requirement
16:45 so opma also has quorum
16:48 components to it so it says uh
16:52 you can meet as a quorum to conduct your
16:54 work
16:55 um and that if you had less than a
16:59 quorum this evening we would need to
17:01 decide
17:02 do we pause and see if we can get a
17:05 meeting together
17:06 or would we have to reconvene to another
17:09 date and time
17:10 so four members constitute the quorum
17:12 for you
17:14 of course you are allowed to travel
17:18 together for non-um board business
17:21 you of course can get together for
17:23 things like a potluck
17:24 or a summer get-together so long as you
17:27 are not
17:28 discussing the business of the
17:30 commission so that's really important
17:32 and um so much so in the spirit of the
17:35 opma we probably asked that you wouldn't
17:38 group
17:38 in um groups of three or more and again
17:41 keep your conversations
17:43 uh not about the board or the board's
17:45 business
17:46 state law defines the definition
17:49 of action as very broad so a lot of
17:52 times i'll talk to board
17:53 commissions and they'll say but you know
17:56 we we didn't take action
17:58 but under state law action is broad it's
18:01 anything from public testimony
18:03 deliberations discussions which is why i
18:05 underline that that word
18:08 considerations reviews evaluation and
18:10 final action
18:12 um again we want to be mindful that you
18:14 aren't inadvertently violating opma
18:17 we want to ensure that when you're
18:20 communicating or
18:22 receiving information that you are not
18:24 violating opm
18:25 through inadvertent reply all
18:28 so you can share information um
18:32 and if you want information to be passed
18:33 on to the commission
18:35 we ask that you do that through your
18:36 staff liaison
18:39 tina i've uh commissioner milligan has a
18:42 question
18:44 certainly
18:47 thank you thank you tina uh just back to
18:49 the previous slide about special
18:51 meetings um did you want to comment on
18:54 because i can't remember what it is uh
18:55 the notice required if we have a special
18:58 meeting
18:59 is their public notice required and
19:00 what's the
19:02 um time frame for that yes
19:05 that goes back here here's the slide you
19:07 talked about we have a minimum
19:09 requirement of 24 hours before that
19:11 meeting
19:12 we strive for longer and we do five days
19:14 or more
19:15 in advance and so i'm sorry tina can i
19:19 follow up so i see the agendas but even
19:21 the scheduling of a meeting could be
19:23 scheduled
19:24 uh only 24 hours in advance
19:27 i mean that's the the minimum we strive
19:30 we certainly strive for longer
19:32 and because of other uh components which
19:35 we'll talk about under your meeting
19:36 process um
19:39 uh you know we're really looking to
19:41 schedule meetings
19:42 you know two plus weeks in advance but
19:44 state law
19:45 this is sort of the minimum um threshold
19:48 that that we can work under
19:50 well and i would say you do live up to
19:52 your standard tina thank you
19:54 thank you all right so what we need to
19:58 is make sure that uh we're helping you
20:01 stay within the parameters of opma
20:05 and that you're helping each other as
20:06 well so if you have some information
20:09 that you'd like to share with the
20:10 commission
20:12 please send that through your staff
20:13 liaison so that they can share it on
20:15 your behalf
20:17 we ask that you do not reply all with
20:19 your perspective
20:20 of the issue or the item save that
20:23 discussion
20:24 for a board meeting do not communicate
20:27 outside of the meeting
20:31 that's specific to commission business
20:33 in a matter that would violate opma
20:36 so it means if you're communicating in
20:38 groups of four
20:40 that's a no no if you're doing that in a
20:42 way that is a string
20:44 or a series we want to make sure that
20:47 you
20:48 aren't doing that and that can be a
20:50 combination of things so it could be
20:52 you chatting with another another member
20:54 about board member
20:55 in the import business uh whether that's
20:58 in person
20:59 and then you use that same conversation
21:03 to phone another commissioner
21:06 and then maybe someone else in that
21:09 group
21:09 emailed another commissioner on that
21:11 item again
21:13 that would be considered a theory during
21:16 meeting and violation of opma
21:19 so again save your conversations for
21:22 less than a quorum
21:24 and really save save the conversations
21:26 for the board need
21:30 uh there are some penalties and so
21:32 normally i'm i'm comfortable walking
21:34 through this item but with our attorney
21:35 here
21:37 and this having liability i'll let him
21:39 speak to it
21:43 thank you tina um i just before we get
21:47 the penalties i just want to make a
21:49 couple of comments on the things that
21:50 tina has said she's done a great job
21:53 uh summarizing the opma but just a
21:56 couple of things
21:57 one following up on
22:00 commissioner milligan's
22:04 question the minimum under state law the
22:07 minimum notice for
22:08 a special meeting is 24 hours it has to
22:12 given in 24 hours in advance in writing
22:16 to all of the commissioners and also to
22:19 the local media
22:20 who has requested to be notified so
22:22 that's the minimum you can always do
22:24 more than that
22:25 but that's the minimum that state law
22:27 requires
22:28 second i wanted to say with respect to
22:31 [Music]
22:33 the opma and virtual meetings
22:36 the governor announced today and you
22:38 probably saw this
22:40 but the governor announced today that
22:42 we're looking at a full reopening of the
22:44 state
22:45 june 30th and i'm not entirely sure what
22:49 that's going to mean
22:50 for open public meetings whether we'll
22:53 be back to normal and or whether we'll
22:56 still be allowed to have some virtual
22:58 meetings
22:59 currently under law you can have
23:03 a public component to your meetings if
23:05 you wish to do so
23:06 or excuse me an in-person component is
23:09 the way
23:10 i should put it if you wish to do so
23:13 but you do have to allow a virtual
23:15 option for people
23:17 to attend and you do have to make sure
23:19 that
23:20 everybody who is attending whether
23:22 they're doing it in person
23:24 or uh or virtually that they have the
23:27 opportunity to hear each other
23:29 at the same time and you also have some
23:32 restrictions currently if you do allow
23:34 an in-person component where
23:38 you have to be you have capacity
23:41 issues where you can only have 50
23:43 capacity
23:44 in the room or 400 people whichever is
23:47 less
23:48 and you can also you must they must also
23:51 be able to
23:52 distance from each other but again
23:55 we're not entirely sure what uh yet
23:58 what governor inslee means by a full
24:01 reopening
24:02 at least i haven't had a chance to
24:03 listen to his press conference i just
24:05 saw the headlines
24:06 uh and we'll have to look at that to see
24:08 what we need to do as of june 30th and
24:10 we'll keep you advised
24:12 um the other comment on what tina was
24:14 talking about
24:15 is the serial meeting and i would just
24:19 make you aware that
24:21 [Music]
24:22 the the prohibition on serial meetings
24:25 and particularly on
24:26 email meetings comes from a case
24:29 in which some school board members
24:33 in a school school district
24:36 were having conversations via email that
24:39 occurred
24:39 over several days and those
24:42 conversations were
24:44 emails back and forth see seeing the
24:48 entire group
24:49 having the group participate in in those
24:53 in those emails email exchanges and even
24:56 though
24:56 not everybody was in a room or in a chat
25:00 room or virtually online in some way
25:03 at the same time that sort of serial
25:07 meeting that occurred via email was
25:09 deemed to be a violation of the opma
25:12 so that's something to just keep in mind
25:14 that time is not an issue
25:15 it it's really what the commission is
25:19 doing and whether you are
25:21 having a discussion of commission
25:23 business
25:24 uh over uh with more than a quorum
25:27 involved
25:30 so tina got to tell you all the good
25:32 things about the opma and i get to tell
25:33 you the bad things and
25:35 what happens to you if you violate it um
25:38 i guess i get to be the cop on this one
25:40 so first of all the opma is kind of
25:43 unique
25:44 in that it provides for individual
25:47 personal liability on the part of
25:51 commissioners and council members who
25:53 violate the opma
25:55 it provides that you have to pay the
25:58 penalty personally
25:59 and that the city is not supposed to pay
26:01 the penalty for you
26:03 the individual liability under the opma
26:06 is there is a 500 penalty for the first
26:09 violation
26:10 and a thousand dollar penalty for
26:12 subsequent violations
26:14 so that's real money uh and
26:17 uh and you need to be careful not to
26:19 violate the opma
26:21 there is also if somebody brings a
26:23 lawsuit
26:24 against the city for violation of the
26:27 opma
26:29 the city itself pays the other side's
26:32 costs and attorneys fees
26:34 and that can be very expensive so
26:39 generally there is not a cause of action
26:42 where you can get
26:42 damages if you're a person who believes
26:45 that there is a
26:47 violation of the opma but you can have a
26:49 court declare
26:51 that the open meetings act has been
26:52 violated and you get your costs and
26:55 attorneys fees if you're right
26:56 so it can be substantial liability
27:00 on the part of the city and lastly the
27:03 and most importantly anything that you
27:05 do in violation of the open public
27:07 meetings act
27:08 is null and void so any action that you
27:11 take
27:12 just is null and void and you have to
27:15 come back
27:16 and redo the action you can do that
27:20 the court cases say that a
27:23 a border commission that violates the
27:26 opma
27:27 has the ability to come back and ratify
27:30 its earlier action and thereby make the
27:34 action valid as long as they
27:36 do the ratification in compliance with
27:38 the open meetings act
27:40 but it does mean that the action that
27:44 you take
27:45 is void in the first place until you
27:48 come back and do that
27:49 so it's a it wastes a lot of your time
27:52 if you do that and that's that's a
27:55 penalty that you
27:56 don't want to pay so
27:59 do you want to go on to the next slide
28:01 tina i think i'll turn it back to you
28:03 thank you yes and thank you again we
28:06 want to establish a culture of
28:07 compliance
28:08 ensure that the opma rules are followed
28:12 so um the second
28:16 item under the open government trainings
28:20 act is the public records act and it's
28:22 it's been around for a long time too it
28:24 started in 1970 or 71
28:27 by the people of washington state and it
28:29 said
28:30 um not only from the first part that
28:32 they wanted access
28:33 to your meetings but that they also want
28:36 access to
28:37 public records so housed under the rcw
28:41 which is the revised code of washington
28:43 4256
28:44 and within our own municipal code 1.28
28:48 you will find reference to this act
28:52 i am your designated officer that is the
28:56 public records officer
28:58 and uh what i would say
29:01 about this is we might get records
29:04 requests
29:05 from all sorts of folks it could be
29:08 media it could be a
29:10 business owner could be a developer um
29:15 someone in a different jurisdiction it
29:17 could be a neighbor
29:19 a homeowners association whatever it is
29:21 the city has a responsibility to
29:24 respond to the requester to search for
29:28 the records
29:29 preserve those records and to release
29:31 those records in a timely fashion
29:33 so how does this impact you well there's
29:36 um a couple reasons one is that anything
29:39 that comes
29:40 through the city email system is
29:44 preserved and retained and searchable
29:47 from my office
29:48 so i can help package up responsive
29:51 records requests
29:53 however there could be a time or
29:56 situation where
29:57 personal email as a commissioner might
30:00 need to be
30:01 searched if and when that were to happen
30:04 i would work with you notify you
30:07 i would give you parameters again it's
30:10 about
30:11 informing you having you understand that
30:14 there's a legal obligation
30:15 for you to assist search
30:19 reserve and then again i would work with
30:22 you
30:23 on transferring those records over to us
30:26 again it doesn't happen very often but
30:28 when it does
30:29 we follow a process and we will keep you
30:32 informed
30:33 so what are some things that you can do
30:35 just in the nature of
30:37 the commission work that you do
30:40 we encourage you to stick to one email
30:42 account as you
30:44 work on your receiving your agendas or
30:48 whatnot um rather than several
30:51 we encourage you to keep track of your
30:53 records so have a place where you
30:56 um if you are printing things out have a
30:58 place that
30:59 is designated in your work area where
31:01 those go
31:02 if you are taking notes uh which you
31:05 certainly can
31:06 you have the right to delete them when
31:07 they're no longer useful or needed by
31:09 you
31:10 that is so long as a records request
31:13 hasn't come in that was specific to your
31:15 board or commission
31:16 or materials and again
31:20 if they were needed i would work with
31:21 you and the board to
31:24 follow certain protocols i would also
31:28 take this platform to say please please
31:31 don't don't
31:32 use please avoid text messaging at all
31:34 possible
31:35 it's just another platform that isn't
31:37 helpful
31:38 in searching it just complicates things
31:41 and best practices would be to avoid
31:45 and if you were use it for very
31:48 minimal items like running late on my
31:52 way
31:53 [Music]
31:55 out sick you know something that is
31:58 short and considered transitory
32:04 there anything that our attorney would
32:05 like to add
32:16 pausing to give our city attorney an
32:18 opportunity if you wanted to clarify
32:20 anything that you heard
32:23 sorry i was unmute no i think you've
32:25 covered it very well uh tina
32:27 okay thank you tina i do see a question
32:30 however from jason voice
32:32 yes thank you thank you planner lisa
32:35 and thank you miss eiger so very briefly
32:38 real quick question
32:39 as far as if somebody makes a request
32:42 for public records
32:43 um you had mentioned parameters so they
32:46 wouldn't just be able to say
32:47 can i see every single email in your
32:49 file for the last 10 years since you've
32:51 had here
32:52 i want to see everything from your
32:53 hotmail and aol days um they would have
32:56 to give you parameters too
32:58 and also say i need i would like to see
33:00 from the last year from when they were
33:01 discussing
33:02 x y and z um they i can't imagine it
33:05 would be so broad as
33:07 every email you've ever written well
33:09 unfortunately
33:10 it is broad um so with that
33:13 we we still try to work with a request
33:16 to come up with
33:17 um you know they have to be you know
33:20 real records they have to be reasonable
33:22 um if if it's
33:25 clearly if they're asking for something
33:26 that is so broad that
33:29 um we can we do work to help define
33:33 what it is that they're asking for
33:38 and what might be more helpful
33:40 particularly when we're talking about
33:42 such
33:42 voluminous you know records that
33:46 you know it could take years to to
33:48 produce so
33:50 um again we'll do our best to help
33:53 narrow the request but if the requester
33:55 fails to do that or chooses not to and
33:58 and there are
33:59 identifiable records within it then we
34:01 will proceed down the path
34:03 of a long-term plan to provide them
34:08 and i would just interject that um
34:10 [Music]
34:11 we there was a public records request
34:14 that was going around a few years ago
34:17 by an individual named clemens
34:20 who was asking for basically every
34:23 record
34:24 that the city had and that
34:27 is not an identifiable request for
34:29 public or request for identifiable
34:31 public records you really can't ask for
34:34 everything but you can ask for specific
34:38 things
34:38 and as long as the request is specific
34:41 enough so that we can
34:42 locate the records and produce them
34:46 then that's going to be sufficient
34:48 enough to uh
34:49 be a valid public records request
34:52 um the other thing i i would say and i
34:57 i spoke too soon when i said i didn't
34:58 have any comments but
35:00 um was one thing to keep in mind about
35:03 public records
35:04 is there are very very significant
35:06 penalties
35:07 for not producing public records um
35:11 and a court can award
35:15 up to a hundred dollars per day per
35:18 document
35:19 for documents that are not produced in a
35:21 timely manner in a public records
35:22 request
35:23 plus individuals who prevail against the
35:26 city
35:27 in a lawsuit to seeking public records
35:30 are entitled to their costs and their
35:32 attorney's fees
35:34 so public records act
35:37 litigation and the failure to produce
35:41 public records
35:42 is is a very significant liability
35:46 uh for the city if it's not done in a
35:48 timely manner
35:49 the other thing uh maybe to to note is
35:53 just that the you know as
35:56 as tina mentioned there is a distinction
36:00 between city email and personal email
36:04 but that distinction um
36:09 or that uh the request for public
36:11 records
36:12 can be both from your personal devices
36:16 and from city devices so just because
36:18 you might have a
36:19 city email on your personal device as
36:22 opposed to
36:23 in the city's email system that doesn't
36:25 mean it's not a public record
36:27 and i strongly advise you to make sure
36:31 that
36:31 all of your public records and
36:34 correspondence
36:36 go through the city so that um
36:40 the uh the city can produce those
36:42 records
36:43 we don't have to come to you and ask you
36:45 to turn over your phone
36:47 or turn over your computer so that we
36:49 can search it
36:51 uh and so that we make sure that there's
36:54 a clear distinction
36:55 between your personal devices and and
36:58 the city
36:59 system so i think that's all i had to
37:02 say
37:04 tina i have questions from both uh
37:08 ron fall and then uh commissioner
37:10 monahan
37:13 all right
37:20 commissioner fall
37:23 oh sorry i'm on mute talking to myself
37:27 thank you tina and james for your
37:29 information
37:30 and scaring the daylights out of
37:31 everybody um
37:33 question i have for clarification is if
37:36 we wanted
37:36 to do a retreat say to
37:40 um not talk or discuss ppc business but
37:44 more or less to get to know each other
37:46 like a holiday
37:47 event or we wanted to meet down at
37:50 formula brewing and
37:52 get to know each other does that
37:55 constitute a public
37:58 a public event do we need to advertise
38:00 that
38:01 and or is that something that you would
38:03 strongly advise against
38:06 well i i'll i can grab that one first
38:08 and then jim can
38:09 can uh have some secondary comments uh
38:12 it really depends on
38:14 how you structure that so if it's
38:16 intended to be like a team building
38:17 event
38:18 then yes we want to notice it and
38:21 provide
38:21 some structure and agenda if it's really
38:25 something that one of the commissioners
38:26 is planning just
38:27 as a hey i'm having a function at my
38:30 house
38:30 and some neighbors and you are also
38:33 invited in your spouses that would be
38:36 fine so long as
38:37 you were not discussing the business of
38:39 the
38:40 of the board or there in a way that was
38:43 representing
38:44 um the board
38:48 yeah the only thing i would add is that
38:50 as as tina said
38:52 it really depends upon the purpose of
38:54 your gathering
38:55 if the gathering is a social gathering
38:58 then you're not going to be required to
39:01 advertise it and treat it as a public
39:03 meeting
39:04 as long as the business of the
39:06 commission
39:07 is not discussed but if you have for
39:10 example and i see this at retreats where
39:12 you have
39:13 a facilitator come and do team building
39:16 exercises
39:17 for you that kind of thing is the
39:19 commission's business
39:21 it's working with you to to
39:24 build how you react and how you work
39:26 together
39:27 and that would require it to be a public
39:30 meeting
39:33 thank you for the clarification
39:36 mr monaghan thank you
39:39 matt monahan here jim i think i'm going
39:41 to direct these questions to you
39:43 um i'm an attorney i'm certainly not a
39:46 municipal attorney but i did
39:47 um set fire to the city hall of the city
39:50 of alexandria in virginia back when i
39:52 lived there on a
39:54 it started with the foia and then it
39:55 moved into just deposing everybody
39:57 um so let me see if i got this right
40:01 if if the city received an information
40:04 request
40:05 and you came to us and you asked us does
40:08 every single email
40:09 you have concerning commission business
40:12 is that on is it you know is somebody
40:14 within the city cc'd such that it would
40:16 be on the city server
40:18 does that check the box such that we
40:20 wouldn't have to turn over
40:21 any personal emails to you at that point
40:23 if we could assure you everything went
40:25 through the city
40:28 yeah what we generally do is when we
40:30 receive a public records request we'll
40:32 send out that request to commissioners
40:34 and ask you whether you have
40:36 anything that is not on the city's
40:38 servers and is not a
40:40 it's not a city record if you've got
40:42 anything on your personal devices
40:44 and if you do have something on your
40:46 personal devices
40:48 uh we we would generally have you
40:51 do an affidavit or a declaration that
40:55 says
40:56 here's here's the records i've produced
40:58 everything
40:59 on my personal device i did the search
41:02 and tina would give you the parameters
41:04 that you should use to search your
41:06 device and
41:07 we we don't actually physically have to
41:10 have your device we can rely on you
41:13 now if there is public records act
41:14 litigation
41:16 there have been circumstances in which
41:19 courts have said okay you have to turn
41:22 over your device for inspection
41:25 but generally speaking that is not the
41:28 case
41:29 uh we don't ask to uh we're of course
41:33 ready willing and able i think the city
41:36 is to come to your aid if you
41:37 if you need help searching and want i.t
41:40 to help you
41:41 with your devices we don't necessarily
41:44 come and get them there have been
41:46 circumstances where
41:48 we have had uh in litigation had
41:51 independent forensic experts uh look at
41:54 council members
41:55 uh devices so okay okay
41:58 great and then um a somewhat related
42:01 question
42:01 which is again you know being the
42:03 paranoid former litigator that i am
42:06 i had kristen send all of my
42:10 commission related business to an email
42:12 account i set up separate so it's still
42:13 a gmail account but
42:15 i only conduct you know everything that
42:18 i get from kristin and everybody else on
42:19 staff goes to that email account not to
42:21 personal email account is that something
42:23 i could reference
42:25 in the declaration saying you know i did
42:27 self-collect i self-collected from this
42:28 account because all of my commission
42:30 business
42:31 goes to this account with that hold up
42:34 yes
42:34 yes i think that's a good idea to have
42:37 that separate account for your
42:38 correspondence that enables
42:40 it enables you to produce your records
42:44 very quickly because you can go to that
42:46 account and know that's only what's in
42:48 there
42:49 and it it enables us to say
42:52 uh there's nothing on your personal
42:55 devices or
42:56 in your personal account so i think
42:58 that's a good idea
42:59 perfect thank you jim appreciate it
43:05 are we ready to move forward
43:08 take that as a yes unless i'm
43:10 interrupted
43:17 all right so um the city has a code of
43:20 ethics we have a policy and we have some
43:23 guidelines
43:24 it's available at issaquah.gov forward
43:28 slash
43:28 ethics where you can complete your name
43:32 that you've read it uh that you
43:34 understand it if you've already
43:35 submitted one you don't need to do that
43:37 again we will
43:38 keep that item on file for the duration
43:41 of your
43:42 term or terms on the commission but i
43:46 will tell you
43:48 there are some items that our city
43:49 attorney will speak to
43:51 and again the code of ethics reiterates
43:54 the importance of following
43:57 the open meetings and public meetings
43:59 acts
44:01 rahini thank you tina
44:06 as tina mentioned there is a city ethics
44:09 code there is also a
44:10 state ethics code the state ethics code
44:14 for city officials
44:15 is relatively sparse it mostly deals
44:18 with
44:19 uh contracts and
44:22 people the conflicts of interest that
44:24 occur when
44:26 a council member or a staff member
44:30 has a financial interest in a contract
44:33 which they are supervising or which they
44:35 have authority
44:36 to enter into but there are other things
44:39 in both the state
44:40 ethics law and in the city ethics code
44:42 which you need to be aware of
44:45 first as as tina said
44:48 the ethics code of the city which i
44:51 believe
44:52 is the the latest version is 2015.
44:56 that ethics code says that all
44:59 city employees and all city officials
45:02 including board and commission members
45:05 are required to comply with the ethics
45:07 code and
45:09 the penalty for failing to do so in
45:11 complying with the ethics code
45:13 is potentially being removed from your
45:15 office as a commissioner
45:17 so you need it's something to be aware
45:20 i know you've probably all read it all
45:23 signed it
45:24 and have submitted it to the clerk so
45:26 you're probably all familiar with it
45:28 i'll talk just briefly about some of the
45:31 things that are on the ethics
45:33 in the ethics code first the ethics code
45:36 prohibits conflicts of interest
45:38 and as i said the state ethics code
45:40 really looks at conflicts of interest
45:42 in terms of contractual relationships
45:45 but the city's ethics code
45:47 says essentially that you are not to
45:51 take any action or commit any act
45:54 which is inconsistent with you
45:57 performance of your duties
45:58 as a municipal official and
46:02 i think the way i look at it in terms of
46:04 the conflict of interest there
46:06 is our in particularly in
46:09 with respect to the role of the ppc is
46:13 if you are making legislative proposals
46:17 or taking actions which would benefit
46:20 you
46:21 individually specifically as opposed to
46:25 the public in general
46:26 that's the kind of conflict of interest
46:28 that you're looking for
46:30 or that is of concern with respect to
46:32 the development commission
46:34 and again it has to be legislation that
46:37 benefits you in a way that is different
46:40 from
46:41 the way it uh that works
46:45 to the f to the public at large so let's
46:47 say for example i'll give the example i
46:49 don't
46:50 know i haven't thought of a good one for
46:51 the development commission
46:53 but we all know that the city council
46:55 every year passes a tax levy
46:58 and you could say well their property is
47:01 going to be taxed so how much they pass
47:03 in terms of the tax levy directly
47:05 affects them
47:07 but it doesn't affect any council member
47:09 more than any other member of the public
47:12 all members of the public are affected
47:14 in the same way by it
47:15 so it's not a conflict of interest for
47:17 the council to do that
47:18 but if the council were for example if a
47:21 council member were to vote
47:23 to vacate a street in front of that
47:27 council member's house
47:28 and that would mean that the street
47:31 right-of-way become
47:33 became owned by that council member that
47:35 would
47:36 constitute a conflict of interest
47:38 because that would be something where
47:39 they would
47:40 directly benefit in a way that the
47:43 other members of the public would not
47:48 there is also in the city's ethics code
47:51 and also
47:52 in the state ethics code a prohibition
47:55 on receiving gifts and gratuities
48:01 as a result of your service as a
48:04 commissioner
48:07 and i think the idea of gifts and
48:10 gratuities is maybe a little bit
48:12 broader as well and maybe this comes
48:15 under the conflict of interest as well
48:16 but
48:18 you can't
48:21 receive discounts uh and things that are
48:25 related to
48:26 just your position as a commissioner
48:30 for example um it used to be that
48:33 wireless companies would say oh well
48:35 you're you're a public official or
48:37 you're a public employee we'll give you
48:38 the
48:39 the discount the public employee
48:41 discount well that's fine
48:43 if you're talking about your your city
48:46 cell phone if you had a city cell phone
48:48 but it's not okay to get that discount
48:50 on your personal cell phone
48:52 because you're not you're not getting
48:54 you're getting that because of
48:56 you being a commissioner but it's not
48:58 related to commission business
49:01 uh you also more appropriately with
49:04 respect to gifts and gratuities
49:06 if somebody wants to give you
49:09 tickets to a ball game
49:12 or tickets to an event generally those
49:16 kinds of things
49:17 are things which if they're not of
49:20 of uh if they're not of uh
49:23 a de minimis value those are things that
49:26 do create an issue for you you're not
49:28 supposed to accept gifts and gratuities
49:31 you can accept things on behalf of the
49:33 city
49:34 so if somebody comes in and says well
49:37 you guys
49:38 are so great we want to give you
49:42 we want to give you chocolates and
49:45 you know we want to give you give you
49:47 this you can accept those but you need
49:50 make those those are really gifts to the
49:52 city not you don't want to just take
49:53 those home personally you want to offer
49:55 them up
49:56 to others i can give an example that
50:01 a few years ago a municipality that i
50:03 worked in
50:06 and still do
50:07 [Music]
50:09 had their fire department offered xboxes
50:12 as a as a gift every member of the fire
50:16 department
50:17 or every member at this station should
50:20 get an xbox because hey
50:22 they came and responded to the fire and
50:24 my response was
50:26 uh well the individual firefighters
50:30 cannot
50:31 accept that as a gift they can't take
50:34 that xbox and take it home
50:36 but if the person wanted to donate those
50:39 to fire stations
50:42 for people to use or wanted to donate a
50:45 television to a fire station
50:47 for a firefighter watch during those
50:50 off hours when they're sleeping at the
50:52 firehouse that would be fine because
50:54 that's a gift to the city
50:55 so there are exceptions to the gifts and
50:58 gratuities
50:59 provisions but generally speaking gifts
51:03 and gratuities are not something that
51:04 you should
51:05 accept there's also a prohibition
51:09 in the city ethics code
51:12 of engaging in political activity
51:16 while doing your job
51:19 and for example um
51:23 you can't wear campaign buttons and
51:26 campaign materials while you're on the
51:28 dais
51:29 as a commissioner because that is
51:32 something where you
51:33 are essentially campaigning
51:36 and relying upon the fact that your
51:38 meetings are televised
51:39 or that the public is there in order to
51:42 get that campaign message
51:43 out recently the
51:46 state auditor has taken the position and
51:49 i think
51:50 all cities are complying with it now
51:52 that you should not
51:53 allow people during the public comment
51:56 portion
51:57 of your agenda to engage in political
51:59 activity
52:00 the prohibition is on the use of public
52:03 facilities
52:05 or public equipment or public
52:08 supplies to further the candid
52:12 the candidacy of any individual or to
52:15 further
52:15 uh to oppose or support a ballot
52:19 proposition
52:20 so uh the as i said the auditor has
52:23 taken the position that
52:25 if somebody comes up during the public
52:27 comment portion of your agenda
52:29 and wants to talk about
52:32 the a ballot issue something that the
52:35 city has put on the ballot in order to
52:38 to fund infrastructure or
52:42 if or wants to talk about the school
52:44 levy or something like that
52:46 that's if they're campaigning for or
52:48 against
52:49 that that's not something that you
52:51 should allow
52:53 during your open public comment period
52:55 um excuse me
52:56 i'm sorry i think i i just wanted to let
52:58 you um commissioner bader had a question
53:01 sure yeah
53:04 hi sorry excuse me i think i've somewhat
53:07 fallen firmly into camp like oh my
53:08 goodness what did i sign up for um with
53:10 all of this but i had a
53:12 question about the conflict of interest
53:15 peace and i heard you say
53:17 that um that that really refers to like
53:19 um kind of personal benefit
53:21 um but i'm curious if that also applies
53:23 to like
53:24 perceived bias um so for example i live
53:27 in talus and if we're
53:29 discussing something that's related to
53:31 telus could there be a perception of
53:33 bias
53:33 um on my behalf and does that constitute
53:36 a conflict of interest
53:38 i would say generally no i mean talus is
53:41 a fairly big place
53:42 and you know whatever you decide with
53:45 respect to talus
53:46 is going to affect a fairly sizable
53:49 portion of the community
53:51 so even though you
53:54 have some personal interest in what
53:56 happens up at dallas
53:57 obviously i don't think that necessarily
54:00 constitutes a conflict of interest
54:02 or a bias situation for you
54:08 so i i i think under those circumstances
54:11 you know the the
54:13 part of the reason that you get picked
54:15 to be on a commission like this is
54:16 because
54:17 you're representing parts of the
54:19 community
54:21 that um that you
54:24 you live in and so
54:27 you know it's it's it's expected
54:30 that you will bring some perspective
54:33 uh to that but as long as it doesn't
54:36 benefit you personally
54:38 more than anyone else in talus i think
54:40 you're fine
54:46 just closing this subject as as
54:49 tina said the ethics code reiterates the
54:52 importance of complying with the open
54:54 meetings act
54:55 and complying with the public records
54:57 act and in both cases as i said
55:01 if you fail to comply with those the
55:03 ethics code provides
55:05 that in the case of city employees
55:08 they can be disciplined for failing to
55:10 comply
55:11 but it also with respect to
55:14 commissioners
55:15 it provides that you may be removed from
55:17 your position
55:18 as a commissioner if you fail to comply
55:21 with uh
55:22 with these acts and again i i want to be
55:25 i want to be mindful of what when
55:28 chair fall said that i was scaring the
55:32 heck out of you i i hope i'm not
55:34 um you know these things are relatively
55:36 easy to comply with
55:38 i think that in most cases it's just
55:40 common sense
55:41 you know if if i think there's one thing
55:44 in maybe in the ethics
55:46 policy or maybe it's in one of the memos
55:48 that accompanies it
55:49 that just says if it feels unethical
55:52 it probably is and i think most of you
55:55 will just rely on your feelings and be
55:57 able to tell easily
55:59 uh what parts of the what how the ethics
56:01 code works and whether something is
56:03 unethical or not
56:05 um so i wouldn't be too worried about
56:06 these penalties but we're just telling
56:08 you that that's
56:09 that's what the code provides
56:14 all right i'll try to move through the
56:16 next a couple slides
56:18 fairly quickly uh your role um
56:22 and here are some of the categories or
56:25 items that we'll be covering um so
56:28 attendance
56:29 it it because it's it's about planning
56:32 it's about public noticing and the costs
56:35 associated with
56:36 um public hearing notices it's important
56:39 that we understand
56:40 um whether or not you're gonna have a
56:42 quorum for your for your commission
56:44 and when your alternate members can be
56:47 filling those seats
56:48 so please let your staff liaison know
56:51 when you have
56:51 advanced travel please we ask
56:54 at least as part of your rules and
56:57 regulations
56:58 if you can a minimum of five day notices
57:02 is helpful obviously there'll be some
57:04 exceptions and things that
57:06 that come up but again
57:09 if you haven't provided any advanced
57:11 notice you will be listed as an
57:12 unexcused on the on the minutes um
57:16 and if you have three consecutive
57:17 unexcused absences
57:19 that does jeopardize your place on the
57:22 commission
57:25 it's also important that we understand
57:26 who's going to be present because
57:28 um we want the fullest
57:31 extent of your board to be seated
57:35 and to have voting rights so we're not
57:37 just looking to fill
57:39 the minimum quorum we are looking to
57:41 fill
57:42 all your seats at a meeting so
57:45 we look to one or more of your
57:47 alternates the serving in that capacity
57:50 alternates can certainly be part of your
57:52 discussion but when it gets
57:54 time to vote or debate an item that
57:56 would be inappropriate unless they were
57:58 serving in that
57:59 formal regular member seat
58:02 but you have some flexibility on how you
58:04 decide who's going to do that
58:07 you could do something like first to
58:09 arrive at the meeting
58:10 you could do something where um maybe if
58:14 alternate was more informed on a topic
58:18 that might help provide that guidance
58:22 and then you could do some other things
58:24 like
58:25 share that role over time to make sure
58:28 that it's equitable
58:29 amongst the group
58:33 so i spoke earlier about
58:37 sort of our requirements for getting
58:39 information out and part of that is
58:41 obviously for the public to be informed
58:43 but so that you can too
58:45 so um we want you to come prepared we
58:48 want
58:48 you to set time aside so that you know
58:50 what's on the agenda
58:52 that you've read the materials and you
58:54 understand what type of
58:56 action um whether it be
59:00 informing you discussion that's expected
59:03 of you
59:04 or if there's action so there are some
59:06 abbreviations that's noted on your
59:08 agendas to help
59:09 guide you through that and then i
59:12 believe
59:13 tisha did this great screenshot that
59:16 just was one of your recent meetings
59:18 uh it goes through your order of
59:20 business
59:21 sign codes they were looking for some
59:23 action from you
59:24 that gave you a bunch of material to
59:27 digest
59:28 and again coming prepared is
59:32 is probably the most effective way that
59:34 you can be
59:36 serve your board i'm going to move
59:39 through these
59:40 quickly but i also am happy to come back
59:44 and talk more about these um if it's
59:46 helpful
59:47 and you'll hear a sort of a reoccurring
59:49 theme on these
59:53 so this is the uh section when you
59:56 get ready to make motions and amendments
59:58 and you start deliberating
1:00:01 so i'll just tell you that the main
1:00:03 motion is
1:00:06 it's basically a proposal to do
1:00:07 something so it does require a second
1:00:11 it's helpful to have in writing you
1:00:14 might see
1:00:15 a suggested motion in front of you in
1:00:18 some of your materials
1:00:20 that can be modified if that is the
1:00:22 motion that you'd like to make
1:00:23 and again if it's seconded a discussion
1:00:26 really should be limited before you
1:00:28 delve into the um into the item which is
1:00:32 why we want
1:00:33 motions on the floor to help facilitate
1:00:35 that and then
1:00:36 there's an example of what a motion
1:00:38 might sound like
1:00:40 on the board so in this case uh someone
1:00:43 on the commission might say
1:00:44 i'd like to make a motion and then they
1:00:46 say i move that the commission recommend
1:00:48 approval of the proposed amendments
1:00:50 the parking requirements is presented in
1:00:52 the findings of facts
1:00:55 then that could be debated obviously
1:00:58 need to be seconded
1:00:59 uh the chair would announce it the chair
1:01:02 would help just a little
1:01:03 discussion um and i should point out
1:01:06 we are having chair training june 22nd
1:01:09 with our mayor
1:01:10 and with the clerk's office so we look
1:01:12 forward to that having the chair and
1:01:14 vice chair there
1:01:15 next month um maker of the motion
1:01:18 typically has the first opportunity
1:01:20 to speak comments uh need to be germaine
1:01:23 to the motion
1:01:24 and we look for an equitable balance so
1:01:28 that could be things like
1:01:31 it could be helpful to have a round
1:01:32 robin style you might want to ensure
1:01:35 everyone's had an opportunity to speak
1:01:37 before you go back and have
1:01:38 secondary comments you could also have
1:01:40 time limits if that was appropriate
1:01:43 really it gets at the heart of um
1:01:48 sort of that back and forth dialogue
1:01:50 isn't appropriate it should be
1:01:51 facilitated through the chair
1:01:54 and we are going to give the chair some
1:01:56 tools to help
1:01:57 do that in the future amendments
1:02:01 amendments can be made to
1:02:03 motions although it needs to occur after
1:02:06 after the main motion has been made and
1:02:08 seconded
1:02:09 but yet before the motion has actually
1:02:11 been voted on
1:02:13 so it's helpful again to have amendments
1:02:15 in writing
1:02:16 and since we're in the virtual world
1:02:18 it's helpful for someone to have placed
1:02:20 that motion wording in chat
1:02:23 or have on the screen debate at that
1:02:26 time though once a
1:02:27 amendment has been made and seconded is
1:02:29 limited really to the subject of that
1:02:31 amendment
1:02:32 and then you could only go on making so
1:02:35 many amendments to amendments so
1:02:37 really um you know we hope you're you're
1:02:41 over um motion making that you
1:02:44 can deal with one motion at a time or
1:02:46 one amendment at a time and then
1:02:48 close out that amendment before you move
1:02:50 on to another one
1:02:55 and then just some examples if someone
1:02:58 wanted to have an amendment
1:03:00 in this case it would be amending the
1:03:03 recommendation
1:03:04 to include some additional parking
1:03:08 or bicycle parking spaces or there could
1:03:11 be an amendment
1:03:12 that asks the council to consider a
1:03:15 parking study
1:03:17 um and then you would have the
1:03:19 opportunity to debate that
1:03:21 and then to vote on it and again the
1:03:23 chair has some obligations to restate
1:03:25 the motions that are in front of you
1:03:27 so that it's clear and of course if
1:03:30 anyone is unsure
1:03:32 whether they're voting so if you're an
1:03:34 alternate and it hasn't been made clear
1:03:36 at the start of the meeting
1:03:38 you can ask for clarification um about
1:03:41 what your role is
1:03:42 you can also if you're unclear about
1:03:45 what's being voted on you can ask
1:03:47 and someone should be able to restate
1:03:49 the motion for you
1:03:50 um sometimes we hear folks say things
1:03:53 like i'd like to abstain from voting
1:03:56 um we really don't have a clause for
1:03:59 uh you're you're appointed to the
1:04:02 commission to have an opinion
1:04:03 and to help shape um the work
1:04:07 and make recommendations so if you
1:04:09 abstain
1:04:10 um at the time that the vote is called
1:04:12 for be counted as a yes vote
1:04:15 unless you have a true conflict of
1:04:17 interest that was declared in advance
1:04:20 in those cases you would actually depart
1:04:22 the meeting
1:04:23 or step away and return when that item
1:04:26 was over
1:04:28 so in virtual meetings we're doing a
1:04:30 roll call
1:04:31 votes so that's a little different than
1:04:33 in person
1:04:35 so you have a thoughtful way to
1:04:38 hear each voice and then to announce the
1:04:42 that is also captured in your minutes
1:04:46 and then once the vote has been taken
1:04:49 that is the vote that excuse me that is
1:04:52 the action that
1:04:53 by which the council or commission took
1:04:56 um business should go on
1:05:00 excuse me tina yes i have one comment
1:05:04 and then i commissioner or chair
1:05:07 fall has a question as well but my
1:05:09 comment is obviously
1:05:10 you all know this but motions are only
1:05:12 made during the public hearings
1:05:14 and when we are doing a discussion item
1:05:16 you can discuss but if there is
1:05:17 direction
1:05:18 that you all want to give staff even
1:05:20 during discussions
1:05:22 we want to make sure that it's a
1:05:23 consensus that staff's not going to
1:05:25 be following direction based on one
1:05:27 person's opinion so we will still sort
1:05:29 of be taking informal votes
1:05:30 um during discussions as well yeah and
1:05:33 there might be times where you
1:05:36 have an action item in front of you
1:05:38 without it necessarily being a public
1:05:40 hearing so
1:05:41 again you just need to understand how
1:05:44 formal is your vote
1:05:45 versus consensus and if any time that
1:05:48 there is an objection
1:05:49 to taking a consensus
1:05:53 vote you can you can go to roll call
1:05:56 and uh thank you and then commissioner
1:06:00 cheerful thank you kristen uh so
1:06:04 i have a question for tina um and
1:06:07 kristen
1:06:08 in the past uh this is based on the
1:06:10 previous slide
1:06:12 uh when using chat
1:06:16 we've been advised not to use chat to
1:06:19 amendments or discuss anything except
1:06:22 putting in the question
1:06:24 comment or question because it's not
1:06:26 viewable by the public
1:06:27 correct we are state we are simply
1:06:30 saying
1:06:31 if it's helpful to have in writing to be
1:06:35 that's the only purpose so at council
1:06:37 meetings
1:06:38 i will prep the motion that i heard
1:06:41 in chat or pull it from the agenda and
1:06:44 again it's just so it can be read
1:06:46 verbatim um if a another council member
1:06:49 has an amendment to make
1:06:52 they most likely will have filtered it
1:06:53 to me and again i'll place it in chat so
1:06:56 that it can be seen
1:06:57 i could also share my screen and have it
1:06:59 in a word document
1:07:01 that whole intent is that it's clear it
1:07:03 can be read
1:07:04 it can be reread verbally
1:07:08 it's not to discuss or debate it within
1:07:11 chat it's simply to
1:07:12 state what the proposed motion is so
1:07:14 that it can be
1:07:15 read correctly okay because i think that
1:07:18 might be very
1:07:19 helpful to the commissioners because
1:07:20 sometimes we stumble with making
1:07:23 amendments
1:07:24 and if we can communicate it in chat and
1:07:26 read it verbatim
1:07:28 then everybody can see and understand
1:07:31 what they're looking at
1:07:33 and we can make a decision on it in a
1:07:35 public forum
1:07:37 right and so long as it's being
1:07:39 verbalized
1:07:40 it's okay to have that um
1:07:43 the verbatim language there excellent
1:07:45 thank you
1:07:46 yeah and your point's great which is um
1:07:50 you must feel free to pause feel free to
1:07:53 take a recess
1:07:54 if it's unclear what an amendment is so
1:07:56 that it can be
1:07:57 written down or verbalized or placed on
1:08:00 the board
1:08:01 that's very important and then um
1:08:04 kristin you were talking about motions
1:08:07 within public hearings so i did
1:08:09 want to talk about a slide with the
1:08:12 public hearing process
1:08:13 so typically you
1:08:17 will have an item that's under the
1:08:19 public hearing header
1:08:20 and before you open the hearing you will
1:08:23 want to
1:08:24 hear a staff presentation you'll be
1:08:26 provided
1:08:27 the commissioners an opportunity to ask
1:08:30 them questions
1:08:31 of what they're hearing and then for the
1:08:35 hearing portion
1:08:36 again which is just the portion of the
1:08:37 meeting
1:08:39 the chair would formally open that and
1:08:41 then public comments would be heard
1:08:44 it would go on until there were no more
1:08:47 comments to be heard
1:08:49 and then the commission would need to
1:08:50 decide at that time have they heard
1:08:52 enough
1:08:53 or do they want to keep hearing from
1:08:56 the community at a later date so they
1:08:59 have the opportunity to either close the
1:09:01 hearing
1:09:02 or continue it and
1:09:05 that needs to be decided before you
1:09:07 continue deliberations
1:09:10 um it is important you can have a little
1:09:13 bit of deliberations but again you don't
1:09:15 want to have
1:09:16 it needs to be very limited which is why
1:09:19 motions are very
1:09:20 important they serve a purpose they
1:09:22 serve as seconds
1:09:24 that that gives you an opportunity to
1:09:26 debate and dialogue
1:09:29 what that outcome may be and then
1:09:31 ultimately to vote
1:09:40 and then i unless there's questions at
1:09:42 this time i'll let
1:09:44 mr haney take over the remaining and
1:09:46 just give me a cue
1:09:47 when you want me to move your slides
1:09:48 ahead
1:09:51 okay thank you so i'm going to cover
1:09:53 public hearings and legislative
1:09:55 decisions
1:09:57 the first thing i want to do is to draw
1:09:59 a distinction
1:10:00 there are two types of public hearings
1:10:03 there are legislative public hearings
1:10:05 and there are quasi-judicial public
1:10:07 hearings
1:10:09 although in a legislative public hearing
1:10:11 the object is to obtain public input on
1:10:14 legislative policy matters
1:10:16 for example if you are considering
1:10:19 amendments to the city's comprehensive
1:10:21 plan if you are considering
1:10:23 amendments to the city's land use
1:10:26 regulations
1:10:27 if you are considering adopting a plan
1:10:30 like the
1:10:31 transportation master plan or the cip
1:10:37 or if you are considering re-zones that
1:10:41 are that require a comprehensive plan
1:10:43 amendment
1:10:44 in order to be processed those types of
1:10:47 things
1:10:47 are legislative hearings they are
1:10:49 matters in which you are making a
1:10:51 policy decision as to what the city's
1:10:54 policies should be
1:10:55 moving forward contrast that with
1:10:59 quasi-judicial hearings
1:11:01 in a quasi-judicial hearing the object
1:11:03 is to decide the legal rights
1:11:05 of specifically identified parties
1:11:08 most of the things that the ppc does are
1:11:12 legislative hearings
1:11:14 the only thing that i can think of that
1:11:16 would be a
1:11:19 a quasi-digital hearing would be
1:11:21 something where you're holding a hearing
1:11:23 on a re-zone that does not require a
1:11:26 comprehensive plan amendment
1:11:27 i believe that's a type a rezone
1:11:31 under the cities under the city's code
1:11:34 that would be a quasi-digital matter
1:11:37 because you are deciding the rights
1:11:39 of the specific property owner uh in
1:11:42 in the proceedings
1:11:46 so those are the two types of hearings
1:11:48 that you will see
1:11:49 i'm going to talk tonight about the
1:11:51 legislative hearing because
1:11:52 that's the one that you get most often
1:11:56 and in a legislative hearing you're
1:11:58 acting like a legislature
1:12:00 you're here to make a decision based on
1:12:03 policy
1:12:04 that is going to affect the decision or
1:12:07 community as a whole and how the public
1:12:10 generally
1:12:12 will conduct themselves
1:12:15 you are acting just like a
1:12:18 congressperson
1:12:19 or a a state legislator
1:12:22 you are making a decision based on a law
1:12:28 legislative hearings do require notice
1:12:30 and a reasonable opportunity to be heard
1:12:33 the amount of notice depends upon your
1:12:36 specific code and the specific type of
1:12:38 hearing that it
1:12:39 is your staff will be responsible for
1:12:43 preparing the notice and making sure
1:12:45 that it gets done in time
1:12:48 every once in a while um there
1:12:51 may be a problem with notice but for the
1:12:53 most part um
1:12:55 notice uh gets done very well and easily
1:12:57 in iskwa and its
1:12:59 intent is to make sure that people have
1:13:02 an adequate
1:13:03 and reasonable opportunity to be heard
1:13:05 and that's both given to them
1:13:07 by giving them notice far enough in
1:13:10 advance
1:13:11 so that they can become familiar with an
1:13:13 issue and be able to give you good
1:13:14 public comment on the issue
1:13:17 and also by providing
1:13:20 notice a notice which advises them
1:13:22 specifically
1:13:24 uh enough about what you are going to do
1:13:27 that they have the ability to comment
1:13:29 intelligently
1:13:31 and with respect to that i would say for
1:13:33 example
1:13:35 if you have a you cannot have a notice
1:13:37 that simply says
1:13:38 the planning policy commission is going
1:13:41 to meet
1:13:42 or hold a public hearing on such and
1:13:44 such a night to consider amendments to
1:13:46 the comprehensive plan
1:13:48 that doesn't tell anybody enough so that
1:13:51 they know that they can be prepared
1:13:54 if there is a notice that says
1:13:59 the planning policy commission is going
1:14:01 to hear amendments to the comprehensive
1:14:04 that relate specifically to the to the
1:14:08 capital facilities uh program and
1:14:12 if you want more information you can
1:14:13 obtain the capital facilities program
1:14:16 through this link that's enough of a
1:14:18 notice to provide people
1:14:21 but you need to be specific enough in
1:14:23 the notice to tell people
1:14:24 uh what you're going to be talking about
1:14:27 so that they can understand
1:14:29 what will and won't be discussed
1:14:32 next slide tina
1:14:36 with respect to the opportunity to be
1:14:38 heard at a legislative public hearing
1:14:41 all members of the public must be
1:14:42 allowed to speak
1:14:44 this is different from a quasi-judicial
1:14:46 hearing where only
1:14:47 people who are interested in the
1:14:51 proceedings get a chance to speak
1:14:53 for example in like a rezone you would
1:14:56 allow the applicant for the rezone to
1:14:58 speak
1:14:58 you would allow neighbors who received
1:15:00 notice to speak and so forth
1:15:02 but you wouldn't necessarily have every
1:15:06 member of the public be allowed to speak
1:15:09 on some quasi-digital matters
1:15:11 but in a legislative public hearing the
1:15:13 floor is open for anybody to speak
1:15:15 about this and you must allow them to
1:15:18 speak
1:15:19 you can establish reasonable rules such
1:15:22 as relevance
1:15:23 time limit and decorum um
1:15:26 relevance for example uh speaking to the
1:15:29 issues
1:15:30 ahead in front of you and not coming up
1:15:33 and talking about
1:15:34 irrelevant things which the chair would
1:15:36 be able to gather a person down for
1:15:38 doing
1:15:39 you can set time limits many
1:15:41 jurisdictions set time limits on
1:15:43 people at public hearings they may give
1:15:45 anywhere from
1:15:47 five to ten minutes per speaker with an
1:15:50 idea that you can allow more time
1:15:52 if the issues are particularly complex
1:15:54 with respect to decorum
1:15:57 that's been one that's been uh fairly
1:16:00 interesting
1:16:01 in the courts of late as to when you can
1:16:04 tell people
1:16:05 that they when people are out of order
1:16:08 and the courts have said that
1:16:12 merely finding a person's speech
1:16:15 offensive in some way is not enough to
1:16:19 declare them out of order
1:16:20 they must actually be disrupting the
1:16:22 meeting in order for you to do that
1:16:24 so but you can establish reasonable
1:16:29 rules for the conduct of the hearing
1:16:32 it is important that the chair set
1:16:34 expectations
1:16:35 at the outset of the hearing and state
1:16:38 what the rules are going to be
1:16:40 uh if for example you're going to have a
1:16:43 rule that
1:16:45 we're only going to allow people to have
1:16:47 five minutes
1:16:48 to speak tonight because we have a
1:16:49 hundred people uh
1:16:51 here uh you should make that clear at
1:16:53 the meeting so that people can gear
1:16:55 their presentations
1:16:56 uh to uh the the rules that you've
1:17:00 stated
1:17:01 next slide tina
1:17:06 with respect to legislative hearings the
1:17:08 decision criteria are set out
1:17:10 by code or by statute and in the city of
1:17:12 issaquah
1:17:14 the zoning code has specific criteria
1:17:17 in a lot of situations which you are to
1:17:20 take into account
1:17:21 in making your decision and i know staff
1:17:24 provides you
1:17:25 with a a staff report
1:17:29 that helps you with those criteria
1:17:31 saying how the staff
1:17:32 views those criteria and what they are
1:17:35 recommending based on those
1:17:37 and you need to make your decisions when
1:17:40 you have criteria in the code
1:17:42 using those criteria sometimes there are
1:17:46 set criteria in the code in the absence
1:17:49 set criteria it's a pure policy judgment
1:17:53 in the legislative hearing
1:17:56 many times you are
1:17:59 just being asked as a matter of policy
1:18:01 to look at
1:18:02 a particular issue and try to decide
1:18:05 what is best for the community
1:18:07 and you're the best judges of that and
1:18:08 there's no way to set out
1:18:10 criteria for that kind of decision so
1:18:13 the code will be silent on that
1:18:15 a lot of time in a legislative hearing
1:18:20 you are not limited to considering the
1:18:22 testimony and documents presented at the
1:18:24 hearing
1:18:25 it's legislative and that means you can
1:18:28 take into account
1:18:29 anything and everything and that's why
1:18:31 you've been appointed to the commission
1:18:33 is to take into account your background
1:18:35 your experience
1:18:36 and to reach a judgment relating as to a
1:18:40 policy matter
1:18:41 as to what's best for the community so
1:18:43 you're not limited to
1:18:45 considering just the what people have
1:18:48 told you
1:18:49 or the documents presented in the
1:18:50 hearing and you'll be able to take into
1:18:53 account
1:18:55 comments that are made by the public
1:18:56 during public comment periods
1:18:59 you'll be able to take in your own
1:19:02 expertise and experience
1:19:03 and you can bring all of that to bear in
1:19:06 a legislative hearing
1:19:08 that's in contrast to quasi-judicial
1:19:11 hearings
1:19:12 where you are acting like a judge
1:19:15 and therefore you must decide the matter
1:19:18 based on the criteria in the code and
1:19:21 based on the evidence you've received
1:19:23 during the trial or the quasi-digital
1:19:26 hearing
1:19:27 and so in in a quasi-judicial hearing
1:19:31 you're much more restricted as to what
1:19:32 you're able to take into account
1:19:34 but in the legislative hearing you have
1:19:37 a lot of flexibility
1:19:38 next slide tina
1:19:42 now i wouldn't be a lawyer if i didn't
1:19:45 tell you
1:19:46 what the legal challenges are that
1:19:48 people can bring to
1:19:50 uh actions and you're making a
1:19:52 recommendation to the city council
1:19:54 you're holding a public hearing
1:19:56 you're making a recommendation on
1:19:57 legislative matters and the council
1:19:59 makes the ultimate
1:20:00 final decision for comprehensive plan
1:20:06 amendments and for all your development
1:20:09 regulations
1:20:10 those regulations and amendments need to
1:20:13 comply with the growth management act
1:20:15 and i'm sure you're all aware that the
1:20:17 growth management act was enacted back
1:20:19 in 1990
1:20:21 it set a a series
1:20:24 of policy goals
1:20:28 and specific requirements for
1:20:30 comprehensive planning
1:20:32 and for land use regulations
1:20:35 in cities and the all of your
1:20:38 comprehensive plan amendments and
1:20:40 development regulations must comply with
1:20:42 the gma
1:20:43 your comprehensive plan regulations in
1:20:45 addition have to comply with
1:20:47 the king county county-wide planning
1:20:49 policies
1:20:51 which are a set of policies which are
1:20:53 adopted
1:20:54 by king county with the input of all of
1:20:56 the cities in king county
1:20:58 in order to guide the development of
1:21:00 comp plans to make sure that they are
1:21:02 consistent
1:21:04 throughout and coordinated
1:21:07 in throughout the the county with her
1:21:10 development regulations not only do you
1:21:12 have to comply with the gma but you
1:21:14 have to comply with your own
1:21:15 comprehensive plan and one of the
1:21:17 criteria in the code is
1:21:19 to is whether or not the
1:21:23 the regulation actually complies with
1:21:26 the comprehensive plan
1:21:27 and furthers the comprehensive plan
1:21:29 policies
1:21:32 with respect to the gma challenges
1:21:35 what happens once the council makes a
1:21:38 decision
1:21:39 on a comprehensive plan amendment or
1:21:41 makes a decision
1:21:42 on a land use regulation that you've
1:21:45 recommended
1:21:46 is that the next step is that someone
1:21:48 can challenge that to the growth
1:21:50 management hearings board
1:21:52 there are there is now a growth
1:21:55 management hearings board which
1:21:57 has panels in a couple of different
1:22:01 areas
1:22:01 in the in the state there's the central
1:22:04 puget sound growth management hearings
1:22:06 board
1:22:06 there's the western washington growth
1:22:08 management hearings board
1:22:10 and there's the eastern washington
1:22:11 growth management hearings board
1:22:13 we are of course in the central puget
1:22:15 sound board and
1:22:17 challenges to city regulations go to the
1:22:20 growth management hearings board for
1:22:22 decision
1:22:23 those challenges are based on the record
1:22:26 that is made before the city
1:22:27 so every piece of paper that the city
1:22:30 considers
1:22:31 in making the in enacting the regulation
1:22:34 or enacting the comprehensive plan is
1:22:36 part of the record
1:22:38 including the testimony given at public
1:22:41 hearings
1:22:42 and the growth board reviews that upon
1:22:45 request
1:22:46 and looks at whether or not your
1:22:49 regulations
1:22:50 meet the requirements of the growth
1:22:51 management act
1:22:53 your regulations are presumed valid on
1:22:55 adoption but they can be overturned
1:22:57 by the growth board if they are
1:22:59 non-compliant with the gma
1:23:01 next slide
1:23:06 another legal challenge that comes up
1:23:08 with respect to
1:23:10 land use regulations is
1:23:13 procedural due process
1:23:16 regulations get get overturned
1:23:20 because procedures were not followed in
1:23:23 the code
1:23:25 generally speaking the growth board has
1:23:27 said that it doesn't really have
1:23:29 authority to deal with whether a city
1:23:32 follows its own code procedures
1:23:35 but courts do and when you get
1:23:39 when the growth board makes a decision
1:23:41 the next step
1:23:42 after the growth board's decision is
1:23:44 that a person can appeal that decision
1:23:46 to the courts and that's where these
1:23:49 procedural due process
1:23:52 considerations come in and where
1:23:55 regulations can be invalidated
1:23:57 with respect to them and again it goes
1:24:00 back to parties have to have an adequate
1:24:03 notice
1:24:04 and a meaningful opportunity to be heard
1:24:06 and if you're not providing adequate
1:24:08 notice
1:24:09 or you didn't provide a meaningful
1:24:10 opportunity for public
1:24:12 input that can be a due process issue
1:24:16 next tina there's also
1:24:19 substantive due process and
1:24:22 substantive due process looks at the
1:24:25 substance of the regulation
1:24:27 and considers whether that regulation is
1:24:30 justified
1:24:32 it used to be up until 2020
1:24:37 that the courts in washington had like a
1:24:41 three
1:24:43 a three factor test that they would look
1:24:46 at in order to determine whether a
1:24:48 regulation
1:24:49 would have violated substantive due
1:24:51 process
1:24:52 but they've simplified the test with a
1:24:54 case called yim versus city of seattle
1:24:57 they simplified the test
1:24:58 and now the test for due process is
1:25:01 simply that
1:25:02 the legislation has to serve a
1:25:04 legitimate public purpose
1:25:06 and must not be arbitrary or irrational
1:25:09 so as you make your decisions on
1:25:11 legislation
1:25:12 and make your recommendations you should
1:25:15 always be asking yourself
1:25:17 what is the legitimate public purpose
1:25:19 here that we are trying to serve
1:25:21 what is the issue we're trying to get at
1:25:24 and is that really a public issue
1:25:27 and then assuming that you determine
1:25:30 that it is
1:25:31 then how does the regulation further
1:25:34 that purpose and it has to be in such a
1:25:37 manner that is not arbitrary
1:25:39 or irrational so that's what you
1:25:43 look at when you're looking at a
1:25:44 substantive due process
1:25:46 issue with respect to regulations next
1:25:49 slide tina
1:25:52 i think that completes my presentation
1:25:54 on the legal challenges
1:25:56 uh i think tina and i have uh completed
1:25:59 our presentation as a whole and if you
1:26:01 have additional questions we're happy to
1:26:03 answer them at this point
1:26:08 and uh we're of course happy to return
1:26:11 um as needed
1:26:12 and we've got a chair training january
1:26:16 june 22nd and and i would also say that
1:26:20 i know tina and i are both available
1:26:23 uh if you have a question that's coming
1:26:25 up on a matter something's coming up on
1:26:26 your agenda and you wonder
1:26:28 gee do i have a conflict of interest
1:26:32 gee is the notice adequate for this
1:26:34 proceeding and so forth
1:26:36 we're always available to answer those
1:26:37 questions and
1:26:39 we like to know about those things you
1:26:41 know so that we can give you the best
1:26:43 advice and you can have a good public
1:26:45 hearing and
1:26:46 hopefully we we can work through issues
1:26:48 so that
1:26:49 nothing that your proceedings are valid
1:26:52 and that we don't have any legal
1:26:54 challenges
1:26:57 thank you thank you
1:27:02 thank you very much mr haney
1:27:06 thank you ms eckers uh i'd like to do
1:27:09 a quick recap unless any of the
1:27:12 commissioners have
1:27:13 questions i want to recap some of the
1:27:16 questions that come up just to make sure
1:27:17 that the commissioners are satisfied
1:27:19 with the answers that they've got
1:27:21 uh nina had a question about the minimum
1:27:23 time required for special meeting
1:27:26 nina are you you
1:27:30 did they answer your questions
1:27:32 sufficiently or do you still have
1:27:33 uh questions about that
1:27:40 hello
1:27:44 okay i'll put my mic on commissioner
1:27:46 milligan here
1:27:47 yes thank you i heard the uh answer to
1:27:50 the question that the washington state
1:27:51 legal minimum of 24 hours applies to
1:27:53 special meetings but that the city
1:27:55 endeavors to uh give us much more notice
1:27:58 than that
1:27:59 and i commented that indeed they do
1:28:03 excellent okay and uh
1:28:06 commissioner matt monahan you got a
1:28:08 question about personal email
1:28:10 being searchable in a public request a
1:28:13 public
1:28:14 records request did they
1:28:19 were they able to answer your questions
1:28:20 sufficiently
1:28:22 they did thank you excellent and sarah
1:28:25 bader
1:28:26 had a question about conflict of
1:28:28 interest because she lives in a specific
1:28:30 community when that specific community
1:28:32 is being
1:28:32 uh is a discussed topic
1:28:36 uh sarah did you have any additional
1:28:38 questions about that or
1:28:40 satisfied with the answers uh yep no
1:28:43 additional questions all
1:28:45 good excellent all right
1:28:48 uh so with that i think we'll move on to
1:28:52 gary schmidt with the discussion about
1:28:55 storm water
1:28:59 good evening commissioners very pleased
1:29:02 to be here
1:29:03 name is gary schimek and i am the
1:29:06 relatively new about three months of
1:29:08 utilities engine manager here at the
1:29:10 city so let me uh
1:29:12 hear my screen and jump into the formal
1:29:14 presentation
1:29:19 okay i didn't mean to obligate your last
1:29:24 everybody uh keep my screen okay
1:29:28 we can see your screen thank you gary
1:29:32 all right again so my name is uh gary
1:29:34 shimak and uh while i've only worked
1:29:37 about 90 days i have been in the water
1:29:39 resource business
1:29:40 in environmental engineering field for
1:29:42 about three decades
1:29:44 up prior to uh joining team qua
1:29:47 i served as utilities manager for city
1:29:50 of redmond for about six years
1:29:53 and then as a senior drainage and
1:29:55 wastewater manager with seattle public
1:29:57 utilities for about 13 years
1:30:00 let's move on to tonight's agenda
1:30:03 meeting purpose
1:30:07 so purpose tonight uh my colleague alan
1:30:11 quinn and i
1:30:12 will provide an overview of the storm
1:30:14 and surface water master plan
1:30:16 development and seek your feedback in
1:30:19 general on
1:30:20 the presentation and in relation to
1:30:23 a few specific questions which we'll
1:30:26 come back to in a minute
1:30:32 this is the kind of overall agenda here
1:30:35 we'll uh
1:30:37 be uh about that specific direction
1:30:40 we'll give a little stormwater
1:30:41 101. uh i place that into this
1:30:45 uh presentation after a good discussion
1:30:48 with the environmental board
1:30:50 where i didn't have that and had a few
1:30:53 suggestions to incorporate that
1:30:55 to provide additional context so we'll
1:30:57 be adding that in today
1:30:58 and then the rest in the presentation
1:31:00 will really be about the development of
1:31:02 the plan
1:31:02 and where we're headed
1:31:07 in terms of the direction needed just to
1:31:11 start us off and again we'll come back
1:31:13 to this at the end and have more time
1:31:14 and more context for each of the
1:31:16 questions
1:31:18 but uh to go over them quickly uh first
1:31:21 what are your thoughts on our criteria
1:31:23 uh to prioritize both issues and
1:31:25 solutions and again we'll we'll share
1:31:27 that list
1:31:28 on screen how aggressive should we be
1:31:31 in addressing climate change with the
1:31:33 plan and
1:31:34 we'll we'll talk about four potential
1:31:36 options for us to explore
1:31:38 i'll also be asking you if we should
1:31:42 look uh and consider to develop a policy
1:31:45 directive to guide funding across our
1:31:47 programs
1:31:48 which are the three are flooding and
1:31:50 conveyance
1:31:51 uh water quality and habitat and then
1:31:53 finally just general
1:31:55 uh thoughts that you have on on what are
1:31:57 some of the most important stormwater
1:31:58 issues
1:31:59 you right now as we we start this uh
1:32:03 plan and then hopefully we'll check with
1:32:05 you as we come back with future touches
1:32:08 if that may have changed
1:32:14 so before we jump into the plan um i'd
1:32:17 like to provide little context
1:32:19 in relation to stormwater runoff
1:32:20 stormwater pollution
1:32:22 and potential solutions to both
1:32:26 let me first start by saying something
1:32:29 uh fairly obvious but at the same time
1:32:32 it seems to me as the cornerstone for
1:32:33 this conversation
1:32:35 as we moved here in issaquah from
1:32:38 forested to rural
1:32:40 and then urban land use and not just
1:32:41 here issaquah but in the region in the
1:32:43 country of course
1:32:44 there have been unequivocal and
1:32:47 unanticipated uh negative consequences
1:32:50 related to stormwater now this this
1:32:52 graphic illustrates
1:32:54 uh on the on the left side of the screen
1:32:56 only a small portion of
1:32:58 rainfall uh converts to storm water
1:33:00 under forested condition
1:33:02 in fact about you know ninety percent of
1:33:04 rainfall under these forestry conditions
1:33:06 either infiltrates into the ground
1:33:09 or is utilized utilized are processed in
1:33:12 some way by
1:33:13 trees shrubs and plants and then we're
1:33:16 left with about 10 percent
1:33:18 of runoff now if you go and look at the
1:33:20 right side of the
1:33:22 figure here uh this the chi the
1:33:24 percentage has changed drastically as we
1:33:26 get into
1:33:26 more of a built out landscape whereas uh
1:33:29 the runoff increases from about 10
1:33:31 to 55 percent on any given parcel
1:33:35 so really what what happens uh without
1:33:37 any protective measures
1:33:39 as we move from you know the forest to
1:33:41 the urban
1:33:42 um there's an increase in runoff and
1:33:45 this then has a direct effect on peak
1:33:48 flows
1:33:50 uh higher p flows which result in
1:33:52 flooding
1:33:53 uh increased bank erosion and channel
1:33:56 scour
1:33:56 which thereby increases sudden sediment
1:33:59 loading into the streams into
1:34:00 lake smamish and finally increase
1:34:03 pollution loading
1:34:04 uh because runoff collects and conveys
1:34:07 uh chemicals and debris
1:34:09 uh in in our stormwater system and uh
1:34:12 into our water bodies now these these
1:34:15 physical changes that occur
1:34:18 uh have have direct impacts
1:34:21 not only on humans but on our treasured
1:34:24 aquatic species and even in my limited
1:34:27 tenure with the city here keenly aware
1:34:30 serious impacts to residential homes and
1:34:33 businesses due to flooding
1:34:35 aware of beach closures in the greater
1:34:37 seattle area
1:34:38 on and off again due to high pollutant
1:34:40 concentrations
1:34:42 and then of course most of us are aware
1:34:46 of deeply declining fish populations not
1:34:49 only in our region
1:34:50 but but in our own issaquah watersheds
1:34:52 due to many factors including the
1:34:54 flooding water quality declines
1:34:56 lack of habitat and lack of food sources
1:35:00 so let's focus a little bit on quality
1:35:02 before we
1:35:03 turn the table to something a little
1:35:04 more positive in solutions
1:35:07 so this graph
1:35:10 tells a attempt to tell a real simple
1:35:13 story
1:35:14 there are many possible sources of
1:35:15 pollution in our
1:35:17 urban environment some of the most
1:35:19 common pollutants here
1:35:20 that are shown on the graphic street and
1:35:23 automobile runoff
1:35:24 including anti-freeze oil and then tire
1:35:27 and brake light
1:35:28 brake pad lining residue industrial
1:35:31 runoff
1:35:32 agricultural runoff including pesticides
1:35:35 fertilizers
1:35:36 pet waste and leaky septic septic
1:35:39 systems
1:35:41 now the good part of this bad news is
1:35:44 the loading of many of these pollutants
1:35:46 into the environment and into our water
1:35:48 bodies
1:35:49 may be significantly reduced by changing
1:35:52 basic day-to-day practices
1:35:54 uh here in the city uh at businesses at
1:35:57 our home
1:35:58 uh and the same really good news holds
1:36:02 for runoff volumes and peak flows
1:36:05 so on that note let's look at some
1:36:07 general solutions
1:36:09 uh talk about some general solutions
1:36:11 before we take
1:36:12 uh move into the plan so for context as
1:36:16 a society we began to
1:36:18 really understand the potential uh
1:36:20 stormwater related
1:36:21 impacts for moving to this forest into
1:36:23 urban landscape in the 60s
1:36:26 the national pollution discharge
1:36:28 elimination system that's a mouthful
1:36:30 it's also known as npdes
1:36:33 that permit program began to address
1:36:36 water pollution
1:36:37 by regulating sources that discharge
1:36:39 pollutants
1:36:41 to waters of the us this was created in
1:36:44 1972 by the clean water
1:36:46 clean water act and the the mpds permit
1:36:48 program is authorized to state
1:36:50 governments by epa to perform many
1:36:53 permitting
1:36:54 administrative and enforcement aspects
1:36:57 now much time has elapsed and many
1:36:59 lessons have been learned since 1972.
1:37:03 the existing minimum control measures in
1:37:06 in the permit right now or you can think
1:37:07 about these are categories of solutions
1:37:09 or categories of actions or regulations
1:37:12 uh include stormwater planning and
1:37:14 that's part of what we're going to be
1:37:15 talking about tonight master plan
1:37:18 public education and outreach public
1:37:21 involvement and participation
1:37:23 storm system mapping illicit discharge
1:37:26 detection
1:37:27 and elimination controlling runoff from
1:37:30 new development redevelopment and
1:37:33 construction sites
1:37:35 operation and maintenance best practices
1:37:38 and then source control programs for
1:37:40 existing development so trying to
1:37:41 uh stop pollution at its source so those
1:37:44 are kind of the key categories
1:37:46 where we're required to act as a city at
1:37:48 least at some minimum
1:37:50 level now some of the as you can see
1:37:52 here some of the actions we can
1:37:53 for example take at home to do our part
1:37:56 cover piles of dirt mulch yard waste and
1:37:58 other debris so when it does rain
1:38:01 they stay put check vehicles for leaks
1:38:04 you do it yourself or take it into a
1:38:07 cover trash containers and clean up pest
1:38:09 waste as examples
1:38:11 and then have your septic systems
1:38:13 professionally inspected and cleaned so
1:38:15 so we all can do our part here and this
1:38:17 is really our source control right so
1:38:20 it's a lot easier and cost effective to
1:38:22 stop the pollution from
1:38:24 entering that to try to clean it up uh
1:38:26 once it's in
1:38:31 now we'll we'll head into the
1:38:33 description of
1:38:34 our storm and surface water master plan
1:38:38 and what i wanted to start with was the
1:38:40 desired outcomes
1:38:42 another way to look at this is really
1:38:43 our our scope of work or our
1:38:45 deliverables or what what
1:38:47 what really the rate payers are buying
1:38:49 uh by having this plan created
1:38:52 so first here is we'll be developing a
1:38:54 roadmap
1:38:55 or a living document that will help us
1:38:58 as a city
1:38:59 reduce flooding and improve water
1:39:01 quality and habitat across the city
1:39:03 that we will be committing to review and
1:39:06 update on a regular basis so this this
1:39:08 living document is the plan itself
1:39:12 we also want to deliver clear and
1:39:13 concise uh policy direction in that plan
1:39:16 and that's why we're speaking to you
1:39:17 tonight so that we can build
1:39:20 projects and programs under that policy
1:39:23 umbrella so
1:39:24 in other words when we're uh when you
1:39:26 see a project
1:39:27 being constructed in the area and it has
1:39:29 to do with stormwater
1:39:30 you should be able to point back to the
1:39:32 policy that that helps create or start
1:39:35 that project
1:39:36 at least that's my intent also establish
1:39:40 goals and performance targets that we
1:39:41 can track and report on over time
1:39:44 of a list of priority actions and not
1:39:46 only capital projects but operating
1:39:48 programs maintenance activities
1:39:50 uh all and policy development to reduce
1:39:53 flooding
1:39:54 and improve uh water quality and habitat
1:39:58 i mentioned npds before and part of this
1:40:02 is to comply we'll comply with that
1:40:05 permit
1:40:06 now we are also going above and beyond
1:40:07 the permit requirement thanks to a grant
1:40:09 we received from doe
1:40:11 department of ecology um that has helped
1:40:14 us uh
1:40:15 help the funding has helped us you know
1:40:17 not only do one basin which is the
1:40:19 requirement but we're looking at
1:40:20 all the basins uh in issaquah so i'm
1:40:23 really excited about that that we have a
1:40:25 chance to do this here
1:40:27 and of course a final book here which is
1:40:31 maybe obvious but i do want to mention
1:40:33 that that you know this plan
1:40:35 must be aligned with the city
1:40:37 comprehensive plan and the strategic
1:40:39 and that that that's a success uh to
1:40:41 have that occur
1:40:46 so i also thought it would be helpful uh
1:40:49 given who
1:40:50 all of you are here in the planning uh
1:40:52 policy realm
1:40:54 to to provide just a brief summary of
1:40:56 the plans codes
1:40:57 guidelines that may influence our work
1:41:01 or may be influenced by our work so i've
1:41:03 broken these down into two categories
1:41:05 uh city and then regional and federal so
1:41:08 let me just highlight a couple in each
1:41:10 uh in the city of course we've just
1:41:12 talked about the comp plan and strategic
1:41:14 there's also the climate sustainability
1:41:16 action plan that my colleague megan is
1:41:18 leading
1:41:19 a host of plans from the from our
1:41:21 friends at parks
1:41:23 and then mobility and utility master
1:41:25 plans
1:41:26 now the regional context i just want to
1:41:28 focus on two here
1:41:29 that are really going to be important
1:41:30 over the next couple years for us
1:41:33 it's the washington department trent
1:41:35 washington state department
1:41:36 transportation culvert replacement
1:41:38 program
1:41:38 there's going to be a number of culverts
1:41:40 uh replaced by washdot
1:41:42 along i-90 that we'll be working with
1:41:45 them on
1:41:46 and then the fema flood insurance
1:41:47 program they're they're always a great
1:41:49 partner to have
1:41:53 and then my final slide here before
1:41:54 heading off to my colleague alan
1:41:56 just be a little uh discussion of our
1:41:59 basic schedule here
1:42:01 uh i want to first highlight that you
1:42:03 know this had started in 2019
1:42:05 uh but then uh big slow down as we
1:42:07 talked about 2020 right uh
1:42:09 and kovid so we're we're really ramping
1:42:12 back up
1:42:13 but the work that has been created
1:42:14 completed since 2019
1:42:17 you can see is really called out under
1:42:19 basin characterization
1:42:21 and this includes identification of city
1:42:23 flooding
1:42:24 water quality and habitat issues that
1:42:26 allens can talk about more
1:42:27 and also compiling our our physical data
1:42:30 such as water quality and flow
1:42:33 that we have in our existing plans and
1:42:35 database
1:42:36 and our consultant otac and allen have
1:42:39 been the driving force
1:42:40 in that basin characterization
1:42:43 what lies ahead uh you know after this
1:42:45 overview today and we'll be
1:42:47 we'll be returning to you at least a
1:42:48 couple times our
1:42:50 development of policy directives again
1:42:52 that are consistent with strategic and
1:42:55 comprehensive plans
1:42:56 and then long-term goals and performance
1:42:59 measure again
1:43:01 and then finally the actions and i look
1:43:03 at this as
1:43:04 almost a level of sight again this is my
1:43:07 example of when you see a new project or
1:43:09 a new program
1:43:11 you should be able to with this document
1:43:13 look at it and go
1:43:14 and point back to the goal that it
1:43:16 represents and then point back to the
1:43:18 policy directives
1:43:20 um so that you know as jim kind of
1:43:22 mentioned um that there
1:43:24 is in his it is his talk
1:43:27 uh that there's logic here right we just
1:43:29 the project doesn't appear out of
1:43:30 nowhere there's a reason for it going
1:43:32 back to the policy so that's really one
1:43:34 of what we want to create
1:43:37 and um just to let you know too besides
1:43:40 uh coming to you and and staying in tune
1:43:42 with you for the rest of this year
1:43:43 we're also working with the uh
1:43:45 environmental board
1:43:47 uh parks board um
1:43:50 the economic vitality commission and
1:43:52 then of course city council
1:43:54 um and then as you can see here we're
1:43:56 hoping to wrap things up
1:43:58 uh in uh first quarter of 22
1:44:01 uh with the adoption of the plan
1:44:05 i am going to hand it over uh to alan to
1:44:08 take us
1:44:09 a little bit into the work that has been
1:44:11 done today
1:44:16 thanks gary um yeah good evening
1:44:18 commission members
1:44:20 my name is alan quinn seniors for water
1:44:21 engineer for the city of this aqua
1:44:23 i've been working for the city for about
1:44:25 two and a half years and prior to that i
1:44:27 was working down in california for a
1:44:29 city government down there
1:44:31 and then prior to that the city of
1:44:33 renton for 17 years
1:44:34 so i've about 27 years in stormwater
1:44:38 management
1:44:39 is my area of expertise um
1:44:41 [Music]
1:44:43 so tonight as gary said we're this is
1:44:45 our we're beginning our
1:44:46 beginning we're getting going through a
1:44:49 significant portion of the least initial
1:44:51 stages of the
1:44:52 storm surf water master plan development
1:44:55 and just want to highlight
1:44:56 on this slide the fact that we did have
1:44:58 done extensive
1:45:00 stakeholder engagement we realized that
1:45:02 was a
1:45:03 significant part of what we wanted to do
1:45:04 to make sure we have a broad
1:45:08 you know group of people participating
1:45:11 receiving input essentially three groups
1:45:15 i call them three different groups that
1:45:16 we reached out to uh first is the
1:45:18 council
1:45:19 and boards and commissions and this is a
1:45:22 fourth
1:45:22 presentation we've given so far
1:45:25 and then the second group would be on
1:45:28 the internal and external stakeholders
1:45:30 internal being city departments and then
1:45:33 external stakeholders would be
1:45:34 outside agencies um state agencies and
1:45:37 accounting agencies et cetera
1:45:39 and then lastly we did outreach with the
1:45:42 community
1:45:43 so those are the three broad categories
1:45:45 our first
1:45:46 stakeholder meeting was held uh in 2019
1:45:49 december 2019
1:45:51 and that was basically the kickoff
1:45:53 meeting for the storm's first service
1:45:54 water master plan
1:45:56 that that meeting included city
1:45:58 operations parks and community planning
1:46:00 development department
1:46:02 departments um and then external
1:46:04 stakeholders included the washington
1:46:06 state department transportation
1:46:07 department ecology
1:46:09 as well as non-profit um organizations
1:46:13 mountain sounds greenway trust and trout
1:46:15 unlimited
1:46:16 and we also invited snoqualmie tribe
1:46:18 indian tribe so
1:46:19 we had quite a diverse background of
1:46:22 folks there
1:46:23 um in that meeting we basically gave a
1:46:25 background of
1:46:26 the purpose of the plan and also allowed
1:46:30 stakeholders to provide input as to
1:46:32 where they were seeing issues within
1:46:34 the city for regarding stormwater and
1:46:36 this is in terms of stormwater flow
1:46:38 a water quality issues as well as
1:46:40 habitat issues
1:46:43 we then conducted a community outreach
1:46:47 phase which we instead of having a
1:46:49 meeting we
1:46:50 ended up doing a survey online survey
1:46:52 with a mapping tool
1:46:54 which worked out very well it was
1:46:57 a way for the community to
1:47:00 go online answer two basic questions
1:47:03 survey questions
1:47:04 the first is where have they seen
1:47:06 flooding in their community
1:47:07 and second was have they noticed any
1:47:10 long-term changes in water flow in the
1:47:12 creeks and water quality within our
1:47:14 creeks
1:47:15 um we had 74 respondents
1:47:18 which is considered i think fairly
1:47:20 significant number um that and they all
1:47:22 provided comments
1:47:24 and then there's a mapping tool which
1:47:26 allowed respondents to
1:47:27 actually locate physically locate where
1:47:29 they were seeing issues so we could map
1:47:31 get this mapped and that information we
1:47:35 for the next phase which was developing
1:47:37 our characterization reports
1:47:39 um we then did a city council touch
1:47:42 in february 2020 which really was just a
1:47:45 briefing memo
1:47:47 and summarizing the the storm resource
1:47:50 water master plan and giving them an
1:47:52 update as to where we were at that stage
1:47:55 the information that we collected from
1:47:57 the various meetings
1:47:59 and surveys we used to develop what's
1:48:01 called a basin characterization
1:48:03 study which is sort of the initial
1:48:04 initial assessment of the you know
1:48:06 initial conditions of the basins and
1:48:09 when i say basins or watersheds i'm
1:48:11 basically defining those as
1:48:12 areas within the city that all discharge
1:48:15 to lake sammamish
1:48:16 and which are the receiving waters so
1:48:18 all the major creeks within the city
1:48:20 issaquah creek tibbetts creek
1:48:22 laughing jacobs creek lewis creek snyder
1:48:25 creek
1:48:26 park hill creek so those those all those
1:48:29 are considered you know
1:48:30 receding waters and everything that
1:48:32 drains to those receiving waters all end
1:48:33 up in like what lake sammamish which is
1:48:35 the downstream water body
1:48:37 so that's sort of how this sort of gives
1:48:38 you a context of what what i'm talking
1:48:40 about here
1:48:41 so we did uh this characterization study
1:48:43 included a fair amount of data
1:48:45 collection and literature review of
1:48:46 existing plans studies uh
1:48:50 drainage reports basin plans
1:48:53 we also compiled known issues as i
1:48:55 mentioned we compiled
1:48:56 information from not only community but
1:48:59 for our different departments within the
1:49:00 city operations
1:49:02 and they have a long list of issues that
1:49:03 they have concerns with we're able to
1:49:05 get all that onto these characterization
1:49:08 reports
1:49:09 and as well as a hydraulic model which
1:49:11 we updated for issaquah creek to come up
1:49:14 with revised
1:49:15 flows within this aqua creek and we also
1:49:18 analyzed uh did some analysis of
1:49:20 existing water quality monitoring data
1:49:22 the city
1:49:23 does do water quality monitoring
1:49:24 stormwater water quality monitoring of
1:49:27 base flow as well as storm flow we have
1:49:30 10 years worth of data that needed to be
1:49:32 analyzed in terms of looking at trends
1:49:36 and then we also looked at the
1:49:39 influences on the built environment on
1:49:40 the receiving waters and that would be
1:49:42 how a land use
1:49:43 impacts storm water quality and flow
1:49:47 next slide and then this is a summary of
1:49:51 what we compiled
1:49:52 through the the combination of surveys
1:49:55 online survey as well as uh from
1:49:58 from meeting with the different
1:50:00 departments and agencies that uh
1:50:01 provided input
1:50:03 as you can see we looked at five main
1:50:05 categories
1:50:06 flow issues so that's flooding basically
1:50:08 flooding water quality
1:50:11 habitat erosion and then and then
1:50:13 maintenance issues
1:50:14 so um uh in issaquah creek this isn't
1:50:20 you can see there is the most
1:50:21 significant basin
1:50:23 within the city it's the largest basin
1:50:25 and not surprisingly we have the largest
1:50:27 number of issues
1:50:28 so um uh anyhow it's just a good summary
1:50:32 of what we've found so far in these in
1:50:34 our initial conditions
1:50:36 so i want you to look at these four
1:50:40 questions um and i'll just go through
1:50:42 them quickly
1:50:43 so what are your thoughts on our
1:50:44 criteria to prioritize issues and
1:50:46 solutions which we'll go through in a
1:50:48 how aggressive should we be in
1:50:49 addressing climate change with this plan
1:50:52 and should we develop a policy directed
1:50:54 to guide funding across all
1:50:56 our programs and what stormwater issues
1:51:00 are most important to you right now
1:51:02 and so you are another group that we can
1:51:04 we want to make sure we include in this
1:51:06 update to and we want to have everybody
1:51:09 provide input
1:51:10 so no one's left out
1:51:13 this is a list of some of the metrics
1:51:15 we're going to use to prioritize
1:51:17 prior which is eyes hard eyes can say
1:51:19 that projects
1:51:21 uh to address the known issues within
1:51:23 each basin
1:51:24 so first one is effectiveness so
1:51:28 obviously
1:51:29 how well is it going to deal with the
1:51:31 issue that we're trying to address
1:51:32 whether it's flooding uh water quality
1:51:35 impairments land ownership uh so this
1:51:38 would be is it private or publicly held
1:51:40 lands and that
1:51:41 that can there's a consideration when
1:51:44 you know prioritizing projects
1:51:46 constructability um you know how
1:51:48 difficult is it to construct are there a
1:51:49 lot of utility conflicts
1:51:51 that you know so those are things to
1:51:52 consider permitting is a big part of
1:51:55 projects particularly habitat
1:51:56 restoration projects
1:51:58 and so it's another consideration cost
1:52:01 and funding opportunities
1:52:03 and timing coordination and partnership
1:52:06 so where can we
1:52:07 leverage other uh agencies and uh
1:52:10 to work together to collaboratively to
1:52:13 do a project in fact this is
1:52:15 uh has actually come up with our what
1:52:17 with washdot washington state department
1:52:18 transportation where as mentioned as
1:52:20 gary mentioned earlier
1:52:21 they're doing several culver crossings
1:52:23 along i-90 lewis creek is the first one
1:52:25 they're going to be
1:52:26 replacing um it's a huge project 50
1:52:29 million dollar project
1:52:30 and we're looking at doing uh maybe
1:52:32 possibly doing some work in conjunction
1:52:34 with with what they're doing since
1:52:36 they're going to be
1:52:36 tearing up the roadway and and we really
1:52:39 can do some improvements
1:52:40 um as well so that's a good opportunity
1:52:42 for that uh
1:52:44 regulatory requirements um and
1:52:47 environmental social justice we'll make
1:52:48 sure that we
1:52:50 we you know do projects and prioritize
1:52:52 them based on
1:52:53 um you know where there's uh just
1:52:56 you know communities that maybe
1:52:59 um don't always get the attention they
1:53:01 need so we want to make sure we're
1:53:03 equitably distributing projects within
1:53:06 the city
1:53:07 and lastly how are these projects going
1:53:09 to benefit
1:53:10 as i said the downstream water body
1:53:12 which is lake sammamish
1:53:16 next slide but was that it
1:53:23 yes uh air falls would you like us to
1:53:26 uh pause here and take uh questions or
1:53:30 comments
1:53:31 or would you rather have us run through
1:53:32 the four and then just open
1:53:34 open it up in general either way is fine
1:53:36 for for us
1:53:39 uh you know i know that there will be
1:53:41 questions i'd like to hold off
1:53:42 and continue through the slides and then
1:53:46 we'll
1:53:47 we'll uh address questions at the end
1:53:50 okay thank you chair
1:53:52 thank you
1:53:56 okay thank you alan for that and i'll
1:53:59 take over on the next three questions
1:54:01 here so a little bit of context here for
1:54:04 climate change
1:54:05 um now latest predictions um and again
1:54:08 we're going to be really focusing on
1:54:09 climate change related to stormwater
1:54:11 uh specifically precipitation i know
1:54:13 there again i mentioned my colleague
1:54:15 megan is going to be working on the
1:54:17 climate action plan well
1:54:19 the stormwater piece will definitely be
1:54:20 part of that but there's much more to
1:54:22 discuss in climate change but
1:54:23 just wanted to give that precursor the
1:54:26 latest uh
1:54:28 predictions um include
1:54:32 really a likelihood of shorter duration
1:54:35 high intensity events right so more
1:54:38 thunderstorms
1:54:39 somewhere i'm from the midwest wisconsin
1:54:42 and i do miss my thunderstorms but
1:54:44 it's a hazard when it happens here
1:54:46 because we designed our systems for a
1:54:48 trickle
1:54:49 not a downpour so if that prediction
1:54:51 comes true
1:54:53 um and there's still there's some
1:54:54 statistically validity that
1:54:57 it already is shifting uh that could be
1:54:58 a very big issue
1:55:00 another thing that is also predicted as
1:55:04 winters to be warmer and wetter and
1:55:06 summer's
1:55:07 uh warm and drier so uh
1:55:10 those again those we talked a little bit
1:55:12 about this before but some of the
1:55:13 potential impacts that the very tangible
1:55:15 fungible impacts would be higher peak
1:55:17 flows again there's greater erosive
1:55:20 forces
1:55:21 and decreased water quality due to that
1:55:23 greater sediment input
1:55:25 you know of course there's also
1:55:26 potential changes to temperature pattern
1:55:29 which might affect riparian and wetland
1:55:31 fluoride fauna and thus
1:55:33 storm water quality as well
1:55:37 so this master plan um
1:55:40 i would would like to address climate
1:55:42 change in some way
1:55:44 uh just even the the lowest bar which
1:55:46 we'll start with which is the no action
1:55:48 would just be
1:55:49 uh to discuss what what the predictions
1:55:51 are but maybe
1:55:52 not um uh moving forward with any uh
1:55:55 policy directives uh because we would
1:55:58 wait until the predictions are a little
1:55:59 more solid or until others
1:56:01 have developed strategies and defined
1:56:03 actions
1:56:04 now a next level approach could be you
1:56:07 know what we're just calling it the
1:56:08 minimal proactive approach
1:56:10 is potentially changing our design
1:56:11 standards for new projects so that they
1:56:14 would take into account
1:56:16 those larger events that may be
1:56:18 occurring
1:56:19 going a little bit further we could also
1:56:22 apply those
1:56:23 standards to retrofits of existing
1:56:26 facilities
1:56:28 we could also estimate um
1:56:31 what a 100 year flood a very large flood
1:56:34 in issaquah crete might look like
1:56:36 under those conditions and just show
1:56:38 that for illustrative purposes to people
1:56:40 get a sense for what might happen
1:56:42 um and we also could use more real-time
1:56:44 control of our stormwater facilities
1:56:47 to optimize management of that and then
1:56:49 finally the
1:56:50 the most aggressive here would be
1:56:52 working with the uw or another research
1:56:54 institute there's a number
1:56:56 that we could work with to develop very
1:56:58 specific
1:56:59 precipitation data forecast data for for
1:57:02 issaquah
1:57:03 and we could regulate the floodplain
1:57:05 based on that now again that's way above
1:57:07 and beyond what fema does but that is an
1:57:09 option that others have talked about
1:57:11 doing so those would be the four
1:57:13 we'd just like to get your feedback on
1:57:17 um third piece here uh of funding
1:57:20 balance
1:57:21 um and let me say that um
1:57:25 you know we don't currently have a
1:57:28 formal
1:57:28 uh guidance on our storm programs now
1:57:32 again the three main programs
1:57:33 we've been talking all night are
1:57:35 conveyance and flood control
1:57:37 uh water quality and habitat those are
1:57:39 three
1:57:40 three uh three areas there like i said
1:57:43 said he doesn't currently have a policy
1:57:45 but a couple of agencies i've worked
1:57:46 this before
1:57:48 did have some guideposts for this how on
1:57:51 a six-year
1:57:52 six-year budget cycle how we generally
1:57:54 wanted to spend the dollars
1:57:56 um and again it wasn't necessarily hard
1:57:58 and fast and we were
1:58:00 having to report on that to council but
1:58:02 but we have what i showed here is a
1:58:03 starting point
1:58:04 fifty percent per flooded uh conveyance
1:58:08 25 for water quality 25
1:58:11 for habitat now the important thing to
1:58:13 note especially for issaquah because we
1:58:16 i've learned very quickly excellent at
1:58:18 getting grants um
1:58:20 uh for utilities and hope i hope i keep
1:58:23 up that tradition it's going to be
1:58:24 uh hard to keep up the pace but i think
1:58:26 we can do it this doesn't include grants
1:58:29 so this would be
1:58:30 for the dollars from our ratepayers only
1:58:33 so uh
1:58:34 sip and that typically because we can
1:58:37 are able to get more grants for the
1:58:38 habitat and water quality
1:58:40 rather than you know what some might
1:58:41 consider the core work which is you know
1:58:44 flood flood reduction so those are
1:58:45 sometimes harder to get hard to compete
1:58:48 but we'll just like your your feedback
1:58:50 on you know
1:58:51 does it sound like something we should
1:58:52 explore more or you know just but that's
1:58:55 something we want to do here in issaquah
1:58:58 and then oops the final one i didn't
1:59:00 make a slide for the final one but i'll
1:59:02 go back
1:59:03 to that slide and that's really
1:59:06 just your general thoughts and
1:59:09 of what issues are important to you
1:59:11 right now and it could be a very
1:59:12 specific one you have or a general
1:59:14 concern across the city
1:59:16 uh anything's fine as al alan said we're
1:59:18 really just looking for
1:59:20 uh your feedback so we can add that to
1:59:22 our uh
1:59:23 you know a list of information that
1:59:24 we've already gotten from uh
1:59:26 from stakeholders already so chair fair
1:59:30 fall i'll i'll pass that back to you to
1:59:32 to uh run the q a and we'll we'll be
1:59:35 happy to discuss anything you'd like to
1:59:36 talk about
1:59:37 excellent thank you a great presentation
1:59:39 there so
1:59:40 i'm going to go ahead and open this up
1:59:44 questions uh but before we start
1:59:48 question to kristin
1:59:52 do we want to open this up for um
1:59:55 a public comment before we dive into
1:59:57 questions
2:00:00 no this is kristin no we do have an
2:00:02 opportunity for public comment after
2:00:04 this presentation and that can happen
2:00:06 okay excellent so we'll go ahead and
2:00:08 open up for questions
2:00:18 commissioner milligan has a question
2:00:24 i guess ron is saying chair fall is
2:00:27 saying it's okay for me to go
2:00:28 sorry i was so i don't mean to be quick
2:00:30 on the draw just waiting for other
2:00:32 people and
2:00:33 i don't want this opportunity to go
2:00:35 thank you for this presentation and i'm
2:00:36 really glad to meet both of you
2:00:38 thank you commissioner milligan here uh
2:00:41 my question is
2:00:42 at this time is general in nature
2:00:45 and it goes back to the first slide uh
2:00:48 that was put up about the
2:00:50 um the causes of increased issues with
2:00:53 storm water runoff and as we look at our
2:00:56 central isoqua plan which was put into
2:00:58 place
2:00:59 after our if i'm understanding correctly
2:01:02 after our stormwater
2:01:04 plan uh the central squad plan being
2:01:07 2012 and the
2:01:08 city storm water management plan 2002
2:01:11 these other plans in 2006. uh
2:01:15 is how could what we're working on right
2:01:19 uh inform the comprehensive plan or
2:01:22 maybe specifically the central isoqua
2:01:24 plan in regards to
2:01:26 oh shoot we didn't mean to have so much
2:01:28 impervious surface for instance
2:01:31 um can it can it interact that way with
2:01:33 our other plans
2:01:35 yeah that let me take a crack at that
2:01:36 and alan if you want to join and
2:01:38 this is discussion uh and thank you uh
2:01:41 commissioner
2:01:42 um that kristen uh and myself and other
2:01:45 managers here at the city have been
2:01:46 talking about
2:01:47 we're really hoping uh with this the
2:01:51 first part
2:01:51 of what i would call the you know the
2:01:54 policy work here
2:01:55 uh to to we're looking at our existing
2:01:57 policies and
2:01:58 and seeing are those still relevant or
2:02:00 not when do we want to add some and
2:02:02 that's what we're going to be coming
2:02:03 back with you
2:02:04 uh in other boards next time the
2:02:07 idea would be that the policies created
2:02:11 would then potentially move over or be
2:02:14 referenced in
2:02:15 in the comp plan update when it gets to
2:02:17 utilities or the environment so we're
2:02:20 uh you know like i said there's a group
2:02:22 about 12 of us internally a core team
2:02:24 and that's a big discussion we're having
2:02:26 here is like if again
2:02:27 if we tweak some existing policies and
2:02:31 or add some new ones that you all and
2:02:33 city council prove that
2:02:34 yeah where do they live how do we
2:02:36 reference them um
2:02:37 and uh so that's definitely part of this
2:02:41 and i just be clear that it's also we i
2:02:44 as as being the newbie here i scrubbed
2:02:47 the comp
2:02:48 and shoreline master pra plan for all
2:02:50 the existing policies
2:02:52 and i didn't find them all at first and
2:02:53 then tristan and others helped me
2:02:55 and so i feel fairly good about that now
2:02:57 and there's a lot of good stuff in there
2:02:59 uh but there's some some things there
2:03:01 that i'd like to potentially you know
2:03:02 offer to change
2:03:03 a little wording here there sometimes or
2:03:05 sometimes dramatically so
2:03:07 so that's what we're really hoping to
2:03:08 get into with you next time
2:03:10 that i visit that we visit
2:03:14 you're welcome
2:03:18 uh commissioner lewis has a question
2:03:21 thank you commissioner joy lewis thank
2:03:23 you to gary and allen for the
2:03:24 presentation
2:03:25 it was super helpful to start this
2:03:28 discussion off
2:03:29 a couple of questions one i had was
2:03:32 about baseline data collection
2:03:34 you had a really good slide that talked
2:03:36 about kind of all the different things
2:03:37 you guys have been done
2:03:38 doing looking at our different
2:03:40 watersheds and i'm curious if
2:03:42 a list of actions has actually already
2:03:44 been created based on the work that's
2:03:46 been done
2:03:47 um we've um it was mentioned that kind
2:03:49 of that has kind of been in process
2:03:51 pods restarted um we often um
2:03:55 from where we sit in our commission are
2:03:56 often used to seeing a map
2:03:58 and that map usually has things um an
2:04:00 example might be the tip the
2:04:02 transportation improvement plan
2:04:03 um i think we're used to seeing kind of
2:04:06 like where these areas right and we may
2:04:08 be grading those areas on a scale
2:04:10 you know um city likes to usually do
2:04:12 like a color scale for instance
2:04:14 um a kind of urgency is there one in
2:04:17 place right now is it being created to
2:04:19 be able to kind of look at our community
2:04:20 as a whole and to see where
2:04:22 um where we can choose to kind of put
2:04:24 our action plan in place
2:04:28 i'll take that one yep yeah yeah so the
2:04:30 basic characterization reports i
2:04:32 referred to earlier so that
2:04:33 so those are they're they're in draft
2:04:35 form but they're substantially complete
2:04:37 and there's a huge amount of information
2:04:39 in those reports that went into those
2:04:40 reports right now they're being
2:04:41 reviewed by ecology and so they're still
2:04:44 in draft form
2:04:45 and then we're addressing their comment
2:04:46 we've addressed their comments waiting
2:04:47 for them
2:04:48 the second comments set of comments that
2:04:50 we've gotten from them
2:04:52 but yeah basically that those reports
2:04:54 have a
2:04:56 nice map so we're prepared uh showing
2:04:58 all the issues both flow
2:05:00 issues habitat issues water quality
2:05:03 issues
2:05:04 and their locations where all the
2:05:05 problems have been located
2:05:07 as well as a table of descriptions
2:05:08 describing the issues and then
2:05:10 we're gonna and we've started the
2:05:12 process of developing a suite of
2:05:13 solutions
2:05:14 um either projects or policy
2:05:17 programmatic option you know options
2:05:20 and that's the way the next phase is to
2:05:23 start to develop those
2:05:24 solutions and then begin the
2:05:26 prioritization process and
2:05:28 and as gary mentioned you know we have a
2:05:31 grant to do this work
2:05:32 to do part of the work which is really
2:05:34 the grant all it says is
2:05:36 well that we're meeting at a permanent
2:05:38 mps permanent requirement that we have
2:05:39 to develop
2:05:41 a watershed scale master plan which
2:05:43 really just
2:05:44 looks at all looks at the whole city in
2:05:46 its entirety looks at all the basins and
2:05:48 prioritizes pixel we pick one basin you
2:05:51 prioritize that and then develop
2:05:52 projects to address solutions for that
2:05:54 basin
2:05:55 we're going we're going way beyond that
2:05:57 and we're looking at all of our basins
2:05:59 equally
2:06:00 all the problems and looking at the
2:06:02 comprehensive solutions to everything so
2:06:04 it's you're going above and beyond but
2:06:06 yes that those characterization reports
2:06:09 i think do exactly what you're talking
2:06:10 about and um you know
2:06:12 i think something we you know we could
2:06:13 certainly consider sharing as
2:06:15 uh gary and i have talked about so um
2:06:19 yeah so that's really the next phase is
2:06:20 to develop you know all the product
2:06:22 the list of projects policies
2:06:26 prioritize those policies and then that
2:06:28 will go then to form the final
2:06:30 you know final plan essentially so that
2:06:33 would be fantastic
2:06:34 we love going over um data and it's been
2:06:38 i want to say about three and a half
2:06:39 years that we've been bugging staff
2:06:42 for this um stormwater right well
2:06:45 and the other thing that we did for it
2:06:47 yeah so we want to look and we
2:06:49 in addition we also there's something
2:06:51 called the state of our waters report
2:06:52 i'm not sure if
2:06:53 some if you're familiar with that
2:06:54 document that was prepared a while back
2:06:56 it was basically 10 years worth of data
2:06:58 going back
2:06:59 to early 1990s and so
2:07:03 98 to i think yeah anyhow
2:07:07 that we this also is updating that state
2:07:09 of the waters
2:07:10 and so there's a whole section in each
2:07:11 of these basin reports that discusses
2:07:14 all the monitoring that's been done and
2:07:17 looking at all the water quality
2:07:18 constituents that we're
2:07:19 sampling for um and then looking at sort
2:07:22 of looking at the trends where
2:07:23 exceedances where
2:07:25 contaminants have exceeded the state
2:07:26 standards um
2:07:28 so it's it's very a lot of unique
2:07:30 information so yes
2:07:32 i highly recommend that people read it
2:07:34 that would be fantastic thank you
2:07:35 commissioner may i have one thing
2:07:37 commissioner please
2:07:39 i think i have the um a table of
2:07:42 identified issues on the screen can you
2:07:44 all see that
2:07:45 yes so what i just like to add and
2:07:47 everything you said was was fantastic
2:07:49 i you know my vision here and i think
2:07:52 alan and i are on the same page as that
2:07:54 you know first screen here is are are
2:07:57 these issues real are they still issues
2:07:58 right we just got to make sure because
2:08:00 you know maybe somebody thought there
2:08:01 was one that is solved or whatever so
2:08:03 that's kind of screen one
2:08:05 then screen two is really looking at
2:08:06 each one of these independently and
2:08:09 saying hey
2:08:10 okay what are possible solutions here
2:08:12 could be a capital project it could be
2:08:14 an operating program it could be a
2:08:15 policy right so really
2:08:17 and then and then i think what you're
2:08:18 getting at commissioner too then we
2:08:20 apply that that criteria
2:08:22 uh and then come back to you and we have
2:08:24 conversations and do back and forth and
2:08:26 we're going to end up with a
2:08:27 a list of priority actions right i don't
2:08:30 know 10 15 whatever they may be
2:08:33 the cool part about this plan then will
2:08:35 be all that information will still be in
2:08:37 and when we have more resources we can
2:08:39 then go back to those
2:08:41 those projects that we those issues i
2:08:44 should say right those issues that
2:08:45 weren't addressed
2:08:46 and address them in the future and we're
2:08:47 not starting over right we'll already
2:08:50 have a possible suite of solutions to
2:08:52 come back to so we don't have to restart
2:08:55 again so i think that's the beauty of of
2:08:57 doing this
2:08:59 a fairly you know detailed level across
2:09:01 the whole city
2:09:02 is that this this really gets into why i
2:09:04 called it a living document
2:09:06 uh because this is not going to sit on
2:09:08 the shelf this is going to be used
2:09:10 constantly so that's fantastic i love
2:09:13 hearing that
2:09:14 my last question is kind of a little bit
2:09:16 more abstract about
2:09:18 um storm water capture for treatment
2:09:20 tell me like
2:09:21 high side like what is the the best we
2:09:24 could possibly do
2:09:26 right like i imagine that there's um an
2:09:28 equation that goes into how much
2:09:30 impervious surface we have how much land
2:09:33 that you guys are doing on an engine on
2:09:35 an engineering level it's far above
2:09:37 our our pick right here in this
2:09:38 commission right and you come back i'm
2:09:40 curious to know kind of basically
2:09:42 what is the maximum amount of capture
2:09:44 that we're able to do for treating our
2:09:46 storm water runoff
2:09:49 you're going to take that gary or um you
2:09:51 can start first and
2:09:52 yeah yeah no so slow capture and
2:09:54 treatment right it's
2:09:55 um you know i to answer at a high level
2:10:00 you know what what we have what you have
2:10:01 to look at is
2:10:03 um you know what what is the area
2:10:05 upstream of where you're trying to
2:10:07 control that
2:10:08 right um and then um
2:10:12 it really is a function of you know what
2:10:15 what is that land use area there right
2:10:17 how fast is it coming off
2:10:19 so you get a volume and a timing and
2:10:21 what you're basically doing is
2:10:23 is designing as much as you can right
2:10:26 given the space you have but there's
2:10:27 certain what i'd say is
2:10:29 if we're trying to capture and treat an
2:10:32 area from a new development there are
2:10:33 requirements for that right there are
2:10:35 requirements that have to be better now
2:10:36 and you probably know better than that
2:10:38 but if we're so that'd be one so it's
2:10:40 fairly easy answer for
2:10:42 a project there are standards that after
2:10:43 we met but i took your question a little
2:10:45 bigger like we're really trying to treat
2:10:47 a whole area of multiple projects region
2:10:49 yeah then it gets down to how much space
2:10:51 do we have right
2:10:53 available space uh just in the last
2:10:55 video i was at redmond
2:10:56 uh you know we did a really good job of
2:10:59 stormwater uh control there
2:11:01 but we're running out of land of places
2:11:03 to build we need some very big
2:11:05 uh for what's going the development
2:11:07 going on in redmond some huge vaults
2:11:09 and you know we just don't have the the
2:11:12 land to get it so
2:11:14 so then it looks at other ways to what
2:11:16 do you do then
2:11:17 right and that's when you maybe get into
2:11:18 things can you do more things locally as
2:11:20 we were earlier talking about
2:11:22 can there be ways instead of right
2:11:24 instead of building something to detain
2:11:27 can you reduce the amount coming off
2:11:29 right
2:11:30 uh so can you reduce that amount of
2:11:32 impervious area so
2:11:34 so i guess that's a little complicated
2:11:35 but it's a back and forth equation
2:11:37 between
2:11:38 what do you have to land to control how
2:11:39 much do you want to control
2:11:41 um and is there other way to prevent
2:11:44 the runoff from coming in the first
2:11:45 place
2:11:48 did that somewhat get at it it does i
2:11:51 think what what it gets at is kind of
2:11:53 saying i'm wondering if the city wants
2:11:55 to be able to set
2:11:56 goals of saying this is how much we want
2:11:58 to be able to be using this tool versus
2:12:00 this tool
2:12:01 based on a metric of saying this is how
2:12:03 much we need to
2:12:05 get up at the end of the day that's a
2:12:07 that's a great that's a great job
2:12:09 and i think gary and yeah in fact gary
2:12:11 and i have had this discussion with the
2:12:13 rest of some of the other stormwater
2:12:14 staff and that is that
2:12:15 you know we want to start looking at
2:12:17 they're mapping out where we have
2:12:19 what what do we have in terms of
2:12:20 treatment existing treatment already so
2:12:23 you know there's obviously new
2:12:24 development or older developments
2:12:27 you know they all have have had to meet
2:12:28 certain stormwater requirements
2:12:30 standards for water quality treatment
2:12:31 and detention
2:12:32 and over the years that's changed you
2:12:34 know the standards keep getting higher
2:12:36 the the level of treatment needs it gets
2:12:38 better and better and better
2:12:39 um but there's still areas in the within
2:12:41 the city that don't have any treatment
2:12:43 right they haven't they were built
2:12:44 before the standard before the clean
2:12:46 water act
2:12:46 you know back in the 70s so um so we're
2:12:49 trying to actually come
2:12:50 put together a list a kind of a gis
2:12:52 layer of
2:12:54 of where we what treatment what areas of
2:12:56 the city what
2:12:57 impervious areas within right-of-way and
2:12:59 private
2:13:00 and private run you know areas uh that
2:13:02 are being treated and what level of
2:13:04 treatment do they have
2:13:05 currently and then looking at where we
2:13:07 don't have treatment or maybe a low
2:13:09 level of treatment and then starting to
2:13:10 prioritize
2:13:11 using as a tool to prioritize where we
2:13:13 want to you know
2:13:15 put money into capturing pollutant
2:13:17 generating surfaces you know
2:13:19 particularly you know high intensity use
2:13:21 areas commercial areas
2:13:23 um industrial you know many industrial
2:13:25 sites but
2:13:26 and then you know where do we get the
2:13:28 most bang for the buck
2:13:30 um and that's and actually we're doing
2:13:32 that right now i mean
2:13:33 we're we have a grant we just got a
2:13:35 grant from ecology
2:13:37 where we wanted to what they call
2:13:39 retrofit retrofitting is a term
2:13:41 meaning you know areas that don't have
2:13:43 treatment
2:13:44 roadways parking lots
2:13:47 can we retrofit or install a treatment
2:13:50 system or facility that will treat that
2:13:52 runoff
2:13:53 as opposed to having going directly into
2:13:55 the creek and we're doing that right now
2:13:57 in downtown issaquah we have a grant
2:13:59 to uh to go ahead and build a stormwater
2:14:02 treatment facility
2:14:03 to treat that runoff in a commercial
2:14:05 area so
2:14:06 that's thing that i can see this is
2:14:08 prioritizing those sort of
2:14:10 projects um so i think it's a great
2:14:12 question and that's definitely something
2:14:13 we're going to look at as part of this
2:14:14 master plan
2:14:16 thank you thank you uh commissioner
2:14:19 moynihan
2:14:20 i'm sorry not moynihan commissioner
2:14:21 monahan has a question
2:14:24 thanks kristin uh matt monaghan here um
2:14:26 i have a question about kind of where we
2:14:28 stand with our
2:14:29 neighbors in the region are are we kind
2:14:31 of leading up front
2:14:32 are we in the middle of the pack and if
2:14:34 we there is some historical
2:14:36 precedent of other jurisdictions doing
2:14:38 this have we you know started asking
2:14:40 them for lessons learned and best
2:14:41 practices and the like or are we going
2:14:43 to be the trailblazers
2:14:45 i i can uh take that from my experience
2:14:49 one of our neighbors redmond for the
2:14:50 past six years and then seattle
2:14:52 for 13 years renton and then a
2:14:54 consultant for a number of years around
2:14:56 um i i will tell you that in the water
2:14:59 quality and habitat
2:15:01 uh you guys are are right now with
2:15:03 redmond i'd say when the two
2:15:05 two leaders um and you could just look
2:15:07 that by the grants that we get
2:15:09 um so we are we're definitely at the
2:15:11 high end on that
2:15:12 end um and also for flood flood
2:15:15 reduction as well uh
2:15:16 creek reduction so i think we're we're
2:15:18 already there i think that the trail
2:15:20 blazing there
2:15:21 there would be more of um the
2:15:24 conversation we just had
2:15:26 which do do you want do you does the
2:15:29 city want to go beyond
2:15:31 regulatory standards for for treatment
2:15:34 and and flow
2:15:37 and that's where people are most cities
2:15:41 some do but it's it's not necessarily a
2:15:45 goal or a policy
2:15:47 it's more of a as as feasible as funding
2:15:50 allows right so it's not like a target
2:15:52 but i think uh my last position
2:15:55 at redmond we did uh we just finished a
2:15:58 utility strategic plan and we did have
2:16:01 some far-reaching goals uh to 2050 for
2:16:03 flow and water quality that i'm i'm
2:16:05 hoping we
2:16:05 we we kind of do that here as well um so
2:16:08 i think
2:16:09 to in summary i think we are in the
2:16:11 cutting edge
2:16:12 um but we're not like way you know we're
2:16:15 not just like
2:16:17 blowing everybody out of the water but
2:16:19 we're we're a top contender and
2:16:22 so i feel pretty proud saying that
2:16:26 next commissioner voice has a question
2:16:31 thank you uh senior planner lisa and
2:16:34 thank you
2:16:35 uh both managers shimik and quinn
2:16:38 fantastic presentation thank you it's
2:16:41 always fun meeting people who are so
2:16:43 passionate about their jobs it really
2:16:44 came through in your presentation
2:16:46 comes through in your answers and uh
2:16:49 always excited to see passionate people
2:16:51 i think one of the reasons probably why
2:16:53 and i will also want to say thank you to
2:16:55 commissioner monahan for that question
2:16:57 because that
2:16:58 helps put things in perspective for me i
2:17:01 think one of the reasons probably is
2:17:03 is up there is because of our watersheds
2:17:05 is because of our salmon
2:17:07 and uh because of all the obviously our
2:17:09 creeks
2:17:10 so i guess if you're looking for a
2:17:12 little bit of feedback
2:17:14 i like being on the cutting edge because
2:17:15 our community has things that
2:17:17 others don't as our salmon i don't know
2:17:20 how much farther ahead we want to get
2:17:22 we still want issaquah to be competitive
2:17:24 now one thing i wanted to ask you guys
2:17:26 because you guys are the experts
2:17:28 i would think probably flooding would be
2:17:30 one of the prior priorities
2:17:32 um because it has to deal with human
2:17:34 life and then i would think probably the
2:17:35 riparians
2:17:37 having those for erosion control would
2:17:38 be number two but i'm interested to hear
2:17:40 what you guys have to think
2:17:42 with you guys were in charge where would
2:17:44 you start with
2:17:45 um you had a fantastic graph showing
2:17:48 some of the problems in
2:17:49 different creeks and watersheds what
2:17:52 would you guys start with would you
2:17:53 start addressing the flooding part first
2:17:55 would you start addressing erosion
2:17:57 control the quality of water
2:17:59 i'm just interested to hear because
2:18:00 again you guys have devoted your life
2:18:02 obviously
2:18:03 um to this science so i'm interested to
2:18:06 hear what you guys would have to say if
2:18:07 you were
2:18:08 prioritizing this list yeah i give you
2:18:11 my high level that's a great question i
2:18:12 really
2:18:12 really appreciate you you asking um
2:18:15 [Music]
2:18:17 you know and i'll see that i'll say it
2:18:19 here and i've said it you know at
2:18:20 redmond and
2:18:21 seattle public utilities and i always
2:18:23 had a coach you know with my many
2:18:25 mentors on this
2:18:26 pub public health and safety is first
2:18:28 right um
2:18:29 and uh that typically means flooding
2:18:32 here in our business
2:18:33 could mean a water quality issue but i
2:18:35 think that that's
2:18:36 front and foremost and probably will you
2:18:38 know if we weight something that
2:18:40 probably
2:18:41 what would be weighted um so i think
2:18:43 that is key
2:18:45 um but with that i'd say what i what i
2:18:48 have seen
2:18:48 uh i'd say over the past five to ten
2:18:51 years
2:18:52 typically when you are solving a
2:18:54 flooding issue there are ways to solve
2:18:55 the other
2:18:56 issues as well too as kind of a combined
2:18:58 project so i'd say
2:19:00 that's actually the highest thing i'm
2:19:01 looking for is those multi-beneficial
2:19:04 projects that are solving all three now
2:19:06 again if
2:19:07 the caveat would be f we just have a
2:19:10 really serious flood issue we need to
2:19:12 take care of and there's really not much
2:19:14 habitat and
2:19:15 water quality benefit that's fine but if
2:19:17 it's a if it's a moderate level
2:19:18 flooding compared to um just a loan
2:19:22 compared to
2:19:23 a project that has multi-benefits i'd
2:19:26 favor that
2:19:26 right so i think that's where i'd kind
2:19:28 of had because it's
2:19:30 you you know we just don't know what is
2:19:32 causing the most harmony it's a
2:19:34 combination of the flow the water
2:19:35 quality the habitat the sediment
2:19:38 and even when you get into the water
2:19:39 chemistry it gets so
2:19:41 so difficult what is you know it's a
2:19:43 cocktail of
2:19:44 pollution at times so what really is the
2:19:46 issue to focus on
2:19:48 um so that's why i go to my more of my
2:19:50 they're not trying to kick the can but
2:19:51 that multi-benefit approach
2:19:53 um would say number two after uh public
2:19:56 health and safety
2:19:57 alan your your thoughts oh yeah well i
2:20:00 think uh
2:20:01 i guarantee you what gary said um yeah
2:20:04 definitely
2:20:05 public safety life and safety is
2:20:06 priority number one so like flooding
2:20:09 um should be a high priority uh but then
2:20:12 i think you have to look at sort of the
2:20:13 funding sources and you know
2:20:15 generally speaking you know our utility
2:20:17 funds still more utility funds
2:20:19 they are go for the flooding addressing
2:20:22 infrastructure and flooding older pipes
2:20:25 that are failing
2:20:26 culverts are failing but like gary said
2:20:28 there's sort of multiple
2:20:30 multi-benefits so for example a culvert
2:20:32 that might be undersized you know we
2:20:33 need to
2:20:34 to increase its size and conveyance and
2:20:37 a lot
2:20:38 more conveyance that we need we're going
2:20:39 to upgrade it for to make it fish
2:20:41 passable so that's going to help habitat
2:20:45 and then of course the the the habitat
2:20:47 restoration projects you know there
2:20:49 there's a lot of money out there for
2:20:51 grants and you know ecology uh will fund
2:20:54 uh water quality facilities so you know
2:20:58 i think we generally want to try to go
2:20:59 after the grants as much as we can
2:21:02 to fund those type of projects but once
2:21:04 again it goes into the prioritization
2:21:06 and kind of how we prioritize our funds
2:21:08 our utility funds really from the
2:21:10 ratepayers and
2:21:11 um and so anyways one more note on that
2:21:15 that i just
2:21:15 uh about the multi-beneficial just
2:21:18 making it even more
2:21:19 making it a three-dimensional chess game
2:21:22 it's not just the
2:21:23 the the pro the different types of water
2:21:25 storm water issues
2:21:26 it's our it's our our friends and in
2:21:28 parks and transportation
2:21:30 right i mean i if we have a project that
2:21:33 we can do
2:21:34 all three together um boy that that is
2:21:36 going to rank very high in my book right
2:21:38 away that um that's just i mean i just
2:21:42 everybody cheers when you can do that
2:21:43 right because i think we we're coming
2:21:45 from an
2:21:46 age many years ago i'll date myself 10
2:21:48 20 years ago where was
2:21:49 you know utility project that was it you
2:21:51 know and
2:21:53 public engineers got their way and did
2:21:54 their projects and i'm an engineer and
2:21:56 i'm sorry to say there's a lot of wrong
2:21:58 decisions
2:21:59 made because they just look in that you
2:22:01 took that engineering lens and then look
2:22:03 out to their
2:22:03 their partners uh across the community
2:22:06 so i think that that multi-beneficial
2:22:09 aspect goes just beyond us in storm
2:22:11 water it goes to the
2:22:12 whole city vision
2:22:17 ron uh chair fall has a question
2:22:24 thank you uh kristen so uh question here
2:22:28 um i think both for gary and for
2:22:31 alan thank you great questions from all
2:22:34 the commissioners as well
2:22:35 yes um so jason and i serve
2:22:39 on the recovery task force and we
2:22:40 learned today that issaquah has
2:22:43 uh 89 of its population has been
2:22:46 vaccinated
2:22:47 uh with at least one shot to me that
2:22:50 tells me we're kind of cutting edge
2:22:52 we're
2:22:52 we're one of the leading cities not the
2:22:55 leading city but we're
2:22:56 one of the leading cities and i think
2:22:58 when you look at
2:22:59 issaquah we're a very environmentally
2:23:01 conscious city to begin with so i think
2:23:03 the idea of trailblazing
2:23:06 would be an important criteria for us
2:23:09 and looking at things like
2:23:13 maybe organic filtration
2:23:16 i'm going to use uh i'm going to pick on
2:23:18 the safeway target parking lot is
2:23:20 possibly a great idea
2:23:22 because they have so much asphalt
2:23:26 having water runoff maybe going to an
2:23:29 organic
2:23:31 water cistern where it could filtrate
2:23:33 back into the ground as opposed to being
2:23:36 becoming runoff into lake samamish may
2:23:39 reduce toxins from
2:23:43 like oil our oil dripping onto the
2:23:46 asphalt and so on so
2:23:48 are those projects that you are also
2:23:51 considering
2:23:52 or some of the organic alternatives like
2:23:54 the green storm runoff
2:23:56 absolutely yeah alan you could lead up
2:23:59 and talk about it too but yeah we're
2:24:00 um you know that's another thing that
2:24:02 you know i've been taught over the past
2:24:04 10 15 years just don't don't stick with
2:24:07 one tool
2:24:08 right there's you know there's people
2:24:10 out there just they don't trust screens
2:24:12 about infrastructure or there's people
2:24:14 that only want to put green
2:24:15 infrastructure in it's more
2:24:17 use the right tool right because there
2:24:18 we can hybrid approaches so yeah we're
2:24:21 what you're going to see with this plan
2:24:22 and i love your idea of just
2:24:24 we we look at all technologies we're
2:24:27 looking at the most cost effective right
2:24:28 triple you know i'm a big believer in
2:24:30 the big triple triple bottom line
2:24:32 cost social environmental benefits look
2:24:34 it all together
2:24:35 and i'm willing to pay more uh and
2:24:38 for a higher technology that is gonna
2:24:41 you know
2:24:42 treat much better over time um than
2:24:44 paying for something that's just not
2:24:46 gonna do as much
2:24:47 and your the example that popped in my
2:24:49 mind with your uh
2:24:50 with your your your comment about
2:24:52 safeway is uh
2:24:54 northgate um in seattle that my staff
2:24:57 actually worked with the owners
2:24:59 when i was there to develop a system
2:25:02 that you similar to what you talked
2:25:04 about
2:25:04 uh the parking lot i mean no parking lot
2:25:07 that's great
2:25:08 but this it has a lot better feel it's
2:25:10 got bioswales
2:25:12 all over the place um and it's it's
2:25:15 easier to walk around
2:25:17 um in the parking lot it's safer um
2:25:20 so and that that was done now that the
2:25:23 issue
2:25:24 with that is that was private property
2:25:26 um so they they had to choose to do it
2:25:28 wasn't a city project
2:25:29 but we helped them we supported them
2:25:31 with the grant we helped them get to get
2:25:33 a grant for that and then we were their
2:25:34 technical consultants
2:25:36 um so that's the only concern that i'd
2:25:39 have with your example that we're we're
2:25:40 not looking at necessarily um
2:25:43 work to be done on private property
2:25:44 unless there's a joint benefit or a
2:25:46 benefit for the city
2:25:47 but that that definitely could happen
2:25:51 yeah i think from a trailblazing
2:25:53 standpoint i think you
2:25:54 the city's ripe for doing that i think
2:25:57 you'd have a lot of stakeholder interest
2:25:58 private and public um yeah
2:26:03 yeah i think it's good to mention that
2:26:05 you know future sound actually has
2:26:07 some of the highest firmware standards
2:26:08 in the country um
2:26:10 king county in particular you know we
2:26:12 were tr the county's
2:26:14 art is a trailblazer when it comes to
2:26:15 storm water um
2:26:17 and in fact in term of apartment ecology
2:26:19 are we follow
2:26:21 the the city follows that's adopted in
2:26:24 the department of ecology's stormwater
2:26:25 manual which
2:26:26 you know is and and the permit which it
2:26:29 complies with our mpds permit and so we
2:26:31 have pretty high standards already i
2:26:33 mean every
2:26:33 municipality in the state has to meet a
2:26:35 pretty high bar compared to a lot of
2:26:37 places
2:26:38 um so we're already meeting you know
2:26:40 what they call enhanced treatment so
2:26:42 all projects new development projects
2:26:43 city projects have to
2:26:45 meet enhanced treatment which means they
2:26:47 have to treat heavy metals now which
2:26:48 they didn't have to do
2:26:49 10 years ago and that includes you know
2:26:52 these
2:26:53 systems that you're talking you know
2:26:54 with soil and amended soils that
2:26:56 infiltrate
2:26:56 the runoff and then we've added and then
2:26:59 recently we've added to that what's
2:27:00 called
2:27:01 low impact development which is
2:27:02 basically saying let's let that
2:27:04 water infiltrate into the ground and and
2:27:06 you know
2:27:07 maintain the hydro hydrologic um
2:27:10 existing hydrology of that site like
2:27:12 gary mentioned in the stormwater 101. so
2:27:14 we are all that's being implemented now
2:27:16 as a requirement
2:27:18 already so but i think the key now is to
2:27:20 do it and
2:27:21 is to go back and retrofit where there's
2:27:23 no treatment yeah
2:27:24 and and to get to that high level high
2:27:26 standard of treatment
2:27:28 and and flow control you know that's a
2:27:30 big part of a toot i mean
2:27:31 flow control which is not just reducing
2:27:33 flows to match
2:27:34 you know to prevent flooding but it also
2:27:36 reduces erosive velocities which causes
2:27:39 erosion and then that causes
2:27:40 sedimentation turbidity and also it's a
2:27:42 water quality issue so
2:27:44 um so yes that's where that's where i
2:27:46 see it is
2:27:47 let's look at where we don't have
2:27:49 treatment or minimal treatment or you
2:27:51 know low
2:27:51 standard treatment and and bring it
2:27:54 upgrade and bring it up to
2:27:55 at least up to the current standards
2:27:56 which is actually pretty high
2:27:58 and i'm not sure if any of you are
2:27:59 familiar with this latest um
2:28:01 emerging water quality issue which is
2:28:04 called 6ppdq
2:28:05 it's i don't know if you've done it it's
2:28:07 a new it's basically tire
2:28:10 material coming off of tires it's
2:28:12 preservative used to keep
2:28:13 you know keep the tires help them
2:28:15 preserve them or whatever
2:28:16 well i guess the huge amount of research
2:28:18 went into figuring out what's
2:28:20 uh that that this particular uh chemical
2:28:23 is actually
2:28:24 killing coho for some reason is
2:28:26 targeting coho
2:28:28 so it's a big deal that they that was
2:28:30 found they found it out
2:28:31 anyhow that's and right now they're
2:28:33 looking at okay do the existing
2:28:34 treatment technologies
2:28:35 take out six ppdq and in fact city vista
2:28:39 we're we we're working with uw tacoma
2:28:42 they wanted to reach out to eight
2:28:44 communities and and cities to see if
2:28:46 they want to participate in a
2:28:48 study to look at existing treatment
2:28:49 facilities and do they take out this new
2:28:51 contaminant and
2:28:52 we're participating in that right now
2:28:54 we're going to be sampling doing
2:28:55 stormwater sampling
2:28:57 some of our stormwater facilities um and
2:29:00 to see how well they actually take out
2:29:01 this contaminant and i think general
2:29:03 uh consensus is that um that it will
2:29:06 that existing technologies these
2:29:08 uh immense soils will remove this
2:29:11 contaminant
2:29:11 so um yeah so i think what i'm trying to
2:29:14 say is we're already
2:29:15 this is the king county the state of
2:29:16 washington already has pretty high level
2:29:18 of water quality standards and detention
2:29:20 standards so um
2:29:22 you know but the question is how much
2:29:24 higher can we go and i'm not sure
2:29:25 they're you know what
2:29:26 the next level would be but i think
2:29:27 really the critical thing is this let's
2:29:29 go back and retrofit and treat what
2:29:30 we're not treating now
2:29:32 so well alan and gary i think we have
2:29:34 the right people on board
2:29:36 doing that you guys so um thank you keep
2:29:39 aspiring for more
2:29:41 but i'm really happy that you
2:29:43 volunteered that information because i
2:29:45 gonna ask that next question but you
2:29:47 you're right on top of it so i'm really
2:29:49 happy to hear that
2:29:50 yeah it's very exciting commissioner
2:29:53 zaragoza has a question
2:29:58 thank you um uh so commissioner paul
2:30:01 kind of answered answered my my
2:30:03 questions so maybe i have more of a
2:30:04 comment
2:30:05 i just want to second the the goal of
2:30:08 trailblazing i think that's really great
2:30:10 everything you guys are saying sounds
2:30:11 fantastic i think i think we all rather
2:30:14 slow you down than kind of push you
2:30:16 farther ahead so this is really
2:30:18 wonderful
2:30:19 um really glad to hear that we're taking
2:30:21 part uh in studies for the
2:30:24 for the tire dust runoff i think that's
2:30:26 that's pretty exciting i hadn't heard
2:30:28 that so
2:30:30 that's pretty amazing so i would just
2:30:32 love to see
2:30:33 see more uh as aggressive as we can be
2:30:36 um within our means
2:30:40 thank you commissioner and i think that
2:30:42 you'll you know have you
2:30:44 what we'll be again i'm just looking at
2:30:47 my screen to identify issues there's so
2:30:49 many there
2:30:50 that i think that this will really give
2:30:52 you when you when we get to showing you
2:30:54 um you know then that's when we can
2:30:58 you can we can play different scenarios
2:31:00 or if you know how much we wanted to do
2:31:02 what we wanted to accomplish what type
2:31:04 of goals we want to have as well we'll
2:31:05 have all the data there right we'll have
2:31:08 um you know the what the issues are with
2:31:10 the possible solutions some
2:31:12 some preliminary costs and um
2:31:15 yeah like i said you alan and i have a
2:31:17 zeal for this
2:31:18 and you know we can deliver up all types
2:31:22 of scenarios
2:31:23 uh not just dollars of course but just
2:31:25 targeting
2:31:26 different you know a water quality heavy
2:31:29 scenario
2:31:30 a habitat heavy scenario a mix scenario
2:31:32 whatever it is
2:31:33 focused on one watershed that again
2:31:35 that's it's just like having game pieces
2:31:38 uh by having the space and
2:31:39 characterization and then the the
2:31:42 the study done
2:31:46 commissioner bader has a question
2:31:49 yeah thanks so much um for all this has
2:31:52 been really kind of great
2:31:53 learning for me here on my my very first
2:31:55 meeting um
2:31:57 and so i guess my it's kind of a comment
2:32:00 that i'll try to turn into a question
2:32:01 um but kind of along this trail blazing
2:32:05 um line i also think it's really
2:32:07 trailblazing for you to have called out
2:32:09 environmental justice
2:32:10 as a priority and so i wanted to
2:32:13 acknowledge that and kind of commend
2:32:15 um being on that list and then you know
2:32:18 as i was reflecting on the second
2:32:19 question around climate change
2:32:21 and kind of how aggressive to be towards
2:32:24 that my first
2:32:24 instinct was like of course we need to
2:32:26 be aggressive because this is not going
2:32:28 away it's only going to get worse with
2:32:30 time i'm from the east coast i love
2:32:31 thunderstorms too but i understand kind
2:32:33 of what you're saying about isaqah not
2:32:34 being quite prepared
2:32:35 to handle thunderstorms but then
2:32:38 bringing that kind of justice
2:32:39 mind set to that question thinking about
2:32:44 you know if we do start to design flood
2:32:47 maps based on future state what does
2:32:49 that mean for
2:32:50 insurance premiums um you know and that
2:32:53 sort of thing and so
2:32:54 um i guess again to kind of turn that
2:32:56 into into a question
2:32:57 um i guess it would be how does that
2:32:59 kind of environmental justice
2:33:01 and having that as a priority kind of
2:33:02 manifest in your development
2:33:04 of this of this plan
2:33:08 yeah if you take a first cut allen and
2:33:10 then you um and if you can add stuff
2:33:12 um you know what i in my mind um
2:33:17 you know there is a uh it's in the
2:33:19 criteria for each each project so that
2:33:21 each one will
2:33:23 will get scored that but i think you
2:33:24 know there there has to be some
2:33:27 you know preliminary work done first
2:33:29 which i hadn't really thought of until
2:33:30 you asked your question about what
2:33:32 what what are you we need to take some
2:33:34 to look at the demographics
2:33:35 of issaquah to see where our areas of
2:33:37 concern might be that we're
2:33:39 uh be aware of that before we even look
2:33:41 at the issues right
2:33:42 um as i i know i dealt with that in
2:33:44 seattle um
2:33:47 learn how to how to do this type of
2:33:48 analysis there but i think that's first
2:33:50 two is getting
2:33:51 independently what areas might we be
2:33:53 concerned about and why
2:33:54 and then laying that that will help
2:33:56 inform the criteria though right
2:33:58 um so i think that's where i'm gonna go
2:34:01 by it's going to manifest by us we have
2:34:03 to develop something to bring in to make
2:34:06 that criteria real and alive right and
2:34:10 to show so we can lay it on top of the
2:34:12 project right
2:34:13 so we can say okay this project is
2:34:15 trying to solve it here
2:34:16 so how does it relate to this you know
2:34:18 whatever the information is a graph a
2:34:20 map or something about
2:34:21 uh environmental uh social justice
2:34:25 so that's what alan i think that's we
2:34:26 haven't really worked on that but
2:34:28 but that's i think how it will manifest
2:34:30 and then we want to be transparent so
2:34:31 that we can show you hey this is
2:34:33 this is how we're scoring right this
2:34:36 line item
2:34:36 and we can share that with you to see
2:34:38 does that make sense are we
2:34:39 missing something or is this how you
2:34:41 would apply it so
2:34:43 um is that that kind of answer
2:34:46 where you're getting it yeah yeah i
2:34:48 think it does and i think kind of the
2:34:50 like intentionality and the transparency
2:34:52 and that you just mentioned is
2:34:53 is you know what strikes me is kind of
2:34:55 what it's what it's all about so that's
2:34:58 great commissioner lewis has a comment
2:35:06 thank you commissioner joy lewis um when
2:35:08 we start thinking about those four
2:35:10 questions you wanted to direct a kind of
2:35:12 our discussion about tonight
2:35:13 um and talking specifically about uh
2:35:16 your question for
2:35:17 directing um climate change um being and
2:35:20 prioritization for that
2:35:21 i was curious about the difference
2:35:22 between the moderate versus the
2:35:24 aggressive balance
2:35:26 that you mentioned um the biggest
2:35:28 difference to me obviously was in the
2:35:29 aggressive you mentioned doing a uw
2:35:31 coordination
2:35:31 does that imply some sort of delay or
2:35:34 does that um
2:35:35 kind of like what is entailed in that
2:35:37 i'm really happy to hear
2:35:38 alan mentioned that study for those that
2:35:40 don't know it's it's pretty easy to find
2:35:42 online i can send it to kristin but in
2:35:43 december um
2:35:44 of 2020 um it was a really landmark
2:35:48 study and it was really interesting to
2:35:49 see especially for our community to see
2:35:51 that tire related chemicals
2:35:52 are largely responsible for coho salmon
2:35:54 deaths in urban streams and that's
2:35:57 before the fish can spawn
2:35:58 often by more than half so it was a
2:36:00 significant thing i know i've talked to
2:36:02 staff about it when it came out
2:36:03 um and so um i i love hearing that we're
2:36:07 being
2:36:08 aggressive with this new information and
2:36:10 keeping up with the times
2:36:12 um and i am curious to see how that um
2:36:14 bullet point you have
2:36:15 coordinating with uw kind of impacts our
2:36:17 policy approach moving forward
2:36:19 yeah i i don't think it would so i think
2:36:21 any of what what
2:36:22 uh we would in my mind um
2:36:25 through this plan we would get
2:36:29 um you know uh approval
2:36:32 from from you and council on uh
2:36:36 which of these to act on uh after the
2:36:39 plan is adopted so
2:36:40 um this wouldn't be this would be we
2:36:43 would have
2:36:44 what i would what i would be able to
2:36:45 provide to you you know
2:36:47 the next time or the the time after that
2:36:49 is what the scope of work would be for
2:36:51 each of these and the cost
2:36:52 to implement that and the pros and cons
2:36:55 uh so you have that to look at
2:36:57 and then once the plan's adopted then we
2:36:59 would move on that so it would actually
2:37:00 have a deal a project by itself
2:37:03 right it would be it would come after
2:37:04 the plan so it wouldn't hold this
2:37:06 up um but some things will be
2:37:09 like so it gets to be a question of how
2:37:12 fast could be
2:37:12 implemented so the first one the minimum
2:37:14 approach design standards yeah we can do
2:37:16 that relatively easy right that's going
2:37:17 to be changing our
2:37:18 stage in our design standards but it'll
2:37:20 take a little while to enact it for new
2:37:22 projects
2:37:23 but the last one yeah that that's going
2:37:25 to take
2:37:26 a good good year two years
2:37:29 right to actually just do all the
2:37:31 modeling necessary and it's it's a long
2:37:33 long effort to begin uh so to summarize
2:37:37 that we weren't looking
2:37:38 and my mistake if i didn't make that
2:37:39 clear we weren't looking at doing this
2:37:41 work within the context of the plan
2:37:43 but after the plans adopted we would
2:37:45 start on that
2:37:47 thank you that clarification helped so
2:37:48 much you're welcome
2:37:55 i don't have any more questions or
2:37:57 comments in the
2:37:59 chat box
2:38:02 so kristen got a question for the
2:38:05 commissioners
2:38:06 um so alan and um
2:38:16 gary gave us three questions
2:38:20 well what are the commission's thoughts
2:38:22 on the proposed criteria
2:38:23 to prioritize the issues and actions
2:38:26 how aggressive should the city be in
2:38:28 addressing the climate change within the
2:38:30 context of this plan
2:38:32 and should the city develop a policy and
2:38:35 guide
2:38:35 funding across the stormwater and our
2:38:37 programs
2:38:38 do we want to go through make sure every
2:38:41 commissioner can comment on those three
2:38:43 questions so that
2:38:44 um gary and alan can walk away with some
2:38:48 answers
2:38:51 because we asked a lot of questions not
2:38:53 necessarily related to those three
2:38:54 questions
2:38:57 do you want to hear your feedback your
2:38:59 thoughts do we want to spend 30 seconds
2:39:01 and go through the list individually
2:39:10 crickets
2:39:14 okay um
2:39:18 all right i guess not so
2:39:24 being that there are no other questions
2:39:25 uh gary allen thank you very much for an
2:39:28 awesome presentation i think that excuse
2:39:31 me i'm sorry one
2:39:33 one comment just popped up from
2:39:35 commissioner milligan
2:39:37 excellent
2:39:42 i'll come in and help you out chair fall
2:39:44 thank you
2:39:45 um i had in to respond to
2:39:49 your request for us and and the crickets
2:39:52 that you're hearing
2:39:53 it's um a lot to absorb right now
2:39:57 and for us to coalesce around some
2:40:00 actionable um response to the first
2:40:04 three
2:40:05 um would take a lot of work and it's
2:40:07 already after nine o'clock and so you
2:40:09 know what happens
2:40:11 exactly and so i think that's not um
2:40:15 without interest and desire to give you
2:40:18 that response but i think that the
2:40:19 conversation has
2:40:20 given you a flavor for the kinds of
2:40:23 things
2:40:24 and if um perhaps my my um
2:40:28 suggestion to the chair could be you
2:40:31 could do a round robin
2:40:32 chair on question number four
2:40:35 and allow the commissioners to have each
2:40:38 everybody to have a fair chance now that
2:40:40 we've had all this discussion to maybe
2:40:42 focus in on something and maybe that
2:40:44 would give a more concrete response i
2:40:47 think it'd be
2:40:47 it's just too big a lift to do those
2:40:49 first three
2:40:50 uh tonight that's what i think
2:40:55 i would actually agree with that so
2:40:57 that's good feedback nina
2:41:00 thank you question
2:41:03 i should have that up on the screen oh
2:41:06 yes okay
2:41:10 so that's the uh more of the your
2:41:13 your and and some of you actually
2:41:15 already answered this already too so i i
2:41:16 just do want to say i
2:41:17 i got a lot out of this and i think
2:41:20 allen did too
2:41:21 um so for each so what for one two three
2:41:24 and four i'd be happy to hear
2:41:26 your responses individually for four but
2:41:28 just to let you know
2:41:29 uh you know i'm going to be re-watching
2:41:31 this again to get to listen to all of
2:41:32 you again
2:41:33 transcribe it but great stuff so thank
2:41:36 you very much i
2:41:37 i got what i needed from you i really
2:41:38 appreciate it
2:41:40 excellent excellent here to help
2:41:47 okay so i don't see any more questions
2:41:49 coming up
2:41:52 and so i think kristin we are ready to
2:41:54 go to
2:41:57 reports thank you again
2:42:08 there we go hi so actually i think you
2:42:12 all will be thrilled
2:42:13 at 9 13 to know that i don't have any
2:42:15 council
2:42:16 reports
2:42:21 and there is no one meeting waiting to
2:42:23 make a public comment okay
2:42:26 excellent uh other business
2:42:28 announcements
2:42:29 and i do i do have that this is kristin
2:42:33 again
2:42:34 um i should note that our director
2:42:37 community planning and development
2:42:38 director minnie dallywall
2:42:40 met with the city council title 18 task
2:42:43 force
2:42:43 on the 18th and actually there she is
2:42:46 she may want to fill in
2:42:47 um but they sort of rounded out their
2:42:49 discussion and
2:42:51 many will be bringing to us on the 27th
2:42:54 sort of
2:42:56 where we're going with that the
2:42:57 anticipated outcomes why we're doing it
2:43:00 the proposed scope of work and a
2:43:02 schedule but many do you want to fill in
2:43:05 sure um good evening everyone um
2:43:08 and welcome sarah commissioner bader um
2:43:12 so uh we'll be we'll be back in front of
2:43:16 uh with uh a sort of like a road map
2:43:19 um with um that we met with our title 18
2:43:23 ad hoc committee which is made up of
2:43:24 three council members
2:43:26 today and we're almost there in terms of
2:43:29 finalizing the schedule
2:43:30 uh the breaking up into chunks that'll
2:43:33 come in front of you so there's a fair
2:43:35 amount of work
2:43:36 uh then that this group uh will be
2:43:38 involved
2:43:39 with uh and we'll share the details at
2:43:41 the next meeting
2:43:43 of what the different phases um and
2:43:46 groupings of those code amendments look
2:43:48 like for you
2:43:49 and what the public outreach plan um
2:43:51 associated with it will be
2:43:52 so uh we'll save that uh for next
2:43:56 meeting i know it's late
2:43:57 uh to appreciate everyone's very
2:44:00 engaging conversation on stormwater and
2:44:02 i'm getting excited about
2:44:04 the storm water issues listening in to
2:44:07 all the discussion
2:44:09 so that's all i have christian
2:44:12 thank you i do have one other thing for
2:44:14 you all to think about not to discuss
2:44:16 tonight but in november we do have a lot
2:44:19 title 18 topics and november will be
2:44:21 right after our comprehensive plan
2:44:23 public hearing
2:44:24 and the november 11th meeting will be
2:44:26 canceled because it's veterans day the
2:44:28 next meeting is cancelled because it's
2:44:29 thanksgiving
2:44:30 i would like to have a meeting and think
2:44:32 in november um i think we've got a lot
2:44:34 to cover so if you all could just not
2:44:35 tonight but take a look at your
2:44:37 calendars and see
2:44:38 what would be best for you and i can run
2:44:40 it by the clerk's office and make sure
2:44:41 that we can get it in there
2:44:42 um that would be great thank you
2:44:50 okay excellent so i think we will
2:44:54 go to adjournment and there's no further
2:44:57 business before the commission
2:44:58 i will adjourn the meeting at 9 16.
2:45:07 thank you all thank you all

Attendance

Council / Members (1)
Administration/
Staff (1)
Ron Faul, Chair Christen Leeson, Senior Planner Joy Lewis Gary Schimek, Utilities Eng. Manager Matt Monahan Allen Quynn, Sr. Stormwater Engineer Jason Voiss, Vice Chair Tina Eggers, City Clerk Nina Milligan Millie Dhaliwal, CD&P Director Sara Bader James Haney, City Attorney, Ogden Richard Zaragoza, Alternate Murphy Wallace