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PRHSPSC MINS 09-12-2017City of Federal Way City Council PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday September 12, 2017 5:00 p.m. SUMMARY Committee Members in Attendance: Chair Koppang, Committee member Moore, Committee member Assefa- Dawson Council Members in Attendance: Deputy Mayor Burbidge , Council member Duclos Staff Members in Attendance: Chief Andy Hwang, Yarden Weidenfeld, Senior Policy Advisor, Eric Rhoades, Assistant City Attorney, Theresa Thurlow, Surface Water Manager, John Hutton, Parks Director, Cody Geddes, Recreation Supervisor and Mary Jaenicke, Administrative Asst. II. Chair Koppang called the meeting to order at 5:00pm Commission Comment: None Commissioner Assefa- Dawson motioned to move item C to the end of Committee Business, after item G. Council member Moore seconded. Motion passed. BUSINESS ITEMS Approval of Minutes Commissioner Assefa- Dawson motioned to approve the July 11, 2017 and August 23, 2017 minutes as written. Committee member Moore seconded. Motion passed. Arts Commission Contract for Services Application Changes and Updates — Information Only Mr. Geddes reported that Arts Commission Chair Dan Hershman felt that the Contract for Services Application needed to be updated. This was presented to the Arts Commission at their August meeting, and they agreed with the proposed changes. The goal of the changes is to make it easier for applicants to fill out and for commissioner review. Mr. Geddes reviewed the changes with the Committee. There were no questions or comments. Interagency Agreement Between Washington State Patrol and the Federal Way Police Department on Commercial Motor Vehicle Inspections Chief Hwang reported that the Department has an officer that is certified for commercial motor vehicle enforcement. The department partners with the State Patrol for commercial vehicle enforcement of the city streets, particularly on Highway 99. They have been partnering with the State Patrol since 2010. There were no questions or comments. Committee member Assefa- Dawson moved to forward the Interagency Agreement between WSP and FWPD on Commercial Vehicle Inspections to the September 19, 2017 Council consent agenda for approval. Committee member Moore seconded. Motion passed. Valley Narcotics Enforcement Team (VNET) / U.S. Department of Justice, Drug Enforcement Administration (DEA) HIDTA Task Force Agreements The Federal Way Police Department (FWPD) is a part of a regional drug task force called the Valley Narcotics Enforcement Team (VNET). This team is made up of 12 Detectives and two Supervisors. They are located within the City limits in a secret location. This Task Force is run by the Drug Enforcement Administration (DEA). This is a very effective team, taking down middle level to higher level drug dealers. This Agreement is effective through September 30, 2018 and will reimburse the City for the Officer's overtime up to $18,042.00. Committee member Moore oved to forward the Drug Enforcement Administration MOU and HIDTA Agreement between the City of Federal Way / K:\PRHSPS Committee\2017 \09 -12 -2017 Mins.doc 3 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, September 12, 2017 Summary Page 2 Federal Way Police Department and the U.S. Department of Justice, Drug Enforcement Administration to the September 19, 2017 Council consent agenda for approval. Committee member Assefa- Dawson seconded. Motion passed. Kine County Reeistered Sex Offender Cost Reimbursement Agreement This grant is for reimbursement of overtime expenses incurred while verifying current addresses and residencies of sex and kidnapping offenders. The maximum amount of the grant is $25,579.36. On a quarterly basis the detectives make physical contact with all level three sex offenders, they contact level two sex offenders every six months, and level one sex offenders are contacted annually. There were no questions or comments. Committee member Assefa- Dawson moved to forward the RSO Overtime Cost Reimbursement Agreement between the Federal way Police Department and the King County Sheriffs Office to the September 19, 2017 Council consent agenda for approval. Committee member Martin Moore seconded. Motion passed. Federal Way Police Department Substations — Information Only Chief Hwang stated that the FWPD has been approached by two organizations in the City wanting to partner with them to increase police visibility in particular areas. They are offering office space to patrol officers. They are also offering parking space along Pacific Highway, these parking spaces will be highly visible to motorist traveling north and south. The locations are at 30854 Pacific Highway South, and 29404 Pacific Highway South. There is no cost associated with using these two spaces. Committee member Moore asked if there would be any costs associated with these spaces in the future. Chief Hwang answered that they have been assured that there would not be any costs in the future. If there are costs, they have the option of moving out of the space. Lake Jeane Resort Mr. Weidenfeld gave the presentation. The slides of his presentation are attached to the minutes. Committee comments: Chair Koppang stated that there are two parties that want to use the water from the lake. Their wants are in opposition to each other; the homeowners want to treat the lake so they can enjoy it, and the Country Club is concerned about damage to the greens if the lake is treated. The Country Club is required to replace the water that they take from the lake. There is a cost to the club if they solely use water from the well which is why there is some resistance from the club doing that. Committee member Moore inquired about the Cyano -Toxin testing of Lake Jeane and why were the test results taken from the residents above state standards, and the test results that were taken by the Country Club below the state standards? Mr. Weidenfeld clarified that there were also two samples taken by the club that were above standards. Ms. Thurlow added that the Cyano -Toxin colonies form in various locations in the lake and if the golf course comes out and takes a sample at their location at the well, there may not be any colonies there, but if the residents take a sample at the other end of the lake where the wind has pushed some of the algae colonies, then there may be Cyano- Toxins there. It has a lot to do with how the colonies bloom and die. Committee member Assefa- Dawson stated that if the city does not take any action, but chooses to get involved at some level, is it within the City's jurisdiction to come up with a resolution? Mr. Weidenfeld that he does not believe that there is anything that he has seen that creates a duty on the part of the city. But in the matter of equity and fairness the city can play a role in shepherding certain things such as lobbying for more funding, helping to apply for more funding, helping fostering negotiations, and explaining to people what their options are. Chair Koppang added that the challenge the city is facing is that if the City does take action, then they could be right in the middle of becoming the subject of a lawsuit. Committee member Moore acknowledged State Representative Kristine Reeves in the audience. He is looking forward to the January Legislative Session with the Representatives and identifying how we can move forward as partners. 4 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, September 12, 2017 Summary Page 3 Public Comment: Bob Woolley - Lake Jeane resident. Mr. Woolley distributed a picture of Lake Jeane. A sample from Lake Jeane was taken on August 1 and it was not at the recreational level and it registered as being toxic. Another sample was taken on September 11, and it was submitted to the King County lab for evaluation. The picture has been shared with DOE and the lab. The comments received are that this is a toxic lake. This is a property value and health hazard issue. Mr. Woolley stated that he came to the City Council in February because it is a health hazard. Mr. Woolley stated that he wants to be cooperative, and that he is speaking today only on his behalf. He thanked Yarden for his report and stated that he has prepared a critique of the report. He is asking that the City Council make a decision and act before the next election. Bob Rawlings - Vice President of the Twin Lakes Golf & Country Club. Mr. Rawlings stated that the club pumps the water from the aquifer into the lake. They monitor how long it takes, how much they pump and the rate of flow against their irrigation. If they were to do the $35,000 transfer to take it through their system that lake would evaporate and they wouldn't have a lake, and he does not think that this is a viable option. Chuck Anderson - Mr. Anderson stated that the majority of the phosphorous coming into Lake Jeane comes from Lake Lorene which goes under 324th and then comes out of Lake Jeane under 320`h and then into the sound. If water coming out of Lake Lorene's coming out of 324th, is it possible to culvert that past Lake Jeane and into the Sound. This would eliminate the phosphorous going into Lake Jeane, and the club could move water from Lake Jeane and then pump water back into Lake Jeane. Chair Koppang clarified that Joes Creek feeds Lake Lorene, which then feeds Lake Jeane, which then exits and goes onto the Sound. Patty Ward — Ms. Ward stated that one of slides in the presentation stated that the City could guide lakeside residents through the process and again serve as a sponsor subject to Mayor and City Council approval. She asked if this was something that the City Council could go forward with, and could there be a motion for that. Chair Koppang answered that the motion could happen in the Committee meeting either tonight, at a future meeting or go straight to Council. Ms. Ward said that it would be beneficial to have the support of the City. Committee member Moore would like to add to the record that the Katie Dean, Legislative Assistant to Representative Mike Pellicciotti was also in attendance. Chair Koppang would like a formalized recommendation for Council at the October meeting. COUNCIL DISCUSSION ON EMERGING ISSUES Committee member Moore would like the City Council to add a Senior Citizen Commission. He stated that the senior's deserve this, and it would be a way for senior's to have a direct voice on issues important to them, and programs that they want to see. Committee member Moore stated that there are several organizations that offer services; it's a challenge for the City to ensure that seniors know about those services that are available. He believes that having a commission could be a good way for the city to strengthen their advocacy and making sure the city is able to work with the senior citizen community. His vision is that the meetings would take place during the day, and they would collaborate and advise Council on policies. Mr. Hutton asked who he envisioned to staff the commission. Committee member Moore answered that this would be the Mayor's decision, but he thinks it would fall under the staff member that runs the senior programs. Mr. Hutton stated that this person also staffs the Youth Commission and this would be two Commission's for one person. The Parks Department currently staffs the Arts Commission, Youth Commission, Parks Commission and a Council Committee. It's a very heavy load considering the level of staffing. Committee member Assefa- Dawson stated that when the 5 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, September 12, 2017 Summary Page 4 Youth Commission was created, a sub - committee consisting of Council members and city staff was formed to develop a proposal, and the same format should be used to develop a proposal for a Senior Citizen Commission. Discussion was held on which department would staff the Senior Citizen Commission. PENDING ITEMS No discussion. NEXT REGULAR MEETING October 10, 2017 ADJOURNMENT Meeting adjourned at 6:56p.m. 10/4/2017 REPORT ON LAKE JEANE by Yarden F. Weidenfeld Senior Policy Advisor City of Federal Way Mayor's Office Two lakes within Twin Lakes Homeowners' Association (TLHOA) TLHOA • Approximately 1500 homes. Lake Jeane • Approximately 40 homes and Twin Lakes Golf & Country Club (TLGCC) surround it Ten acres • Lake bed owned by TLGCC • Water owned by State of Washington per State law • TLGCC has water right to withdraw water to irrigate golf course but must replace withdrawn water • Homeowners have non - exclusive easement in common with TLGCC to use and enjoy lake for recreation, subject to TLGCC right to remove water for irrigation • Lake Lorene • Surrounded by private homes and Treasure Island Park (owned by TLHOA) • Eight acres • Lake bed owned by TLHOA • Water owned by State of Washington per State law 7 1 10/4/2017 Blue -Green Algae • Both lakes have experienced for the last several summers • Not the same thing as other algae • Are actually bacteria known as cyanobacteria • Caused by excess nutrients (especially phosphorus) in water column as a result of urbanization • Problems — Unsightly — Bad Odor — Lower property values — May produce cyano- toxins 8 2 10/4/2017 2015 was heavier Eam Cya n o -Toxin s New, emerging area of scientific study Health risks to people and animals who drink or recreate in affected water Jury still out on whether could be airborne hazard Level can be measured from samples taken from the lake — World Health Organization (WHO) has published guidelines for levels in drinking water — State of Washington and several other states have a standard for recreational water (and Environmental Protection Agency (EPA) recently proposed draft recreational standard) — No other standard based on scientific research exists Levels can fluctuate even within hours 9 3 10/4/2017 Cyano -toxin testing (Lake Jeane) Homeowners conducted sampling on Lake Jeane in 2014 and had samples tested • Testing showed level above Washington's recreational standard Both TLGCC and homeowners conducted sampling on Lake Jeane in 2015 and had samples tested — Disputes developed over how samples were taken — Homeowner results were above Washington's recreational standard — TLGCC results were generally below the recreational standard (though two of their results were also above the standard) City conducted sampling on Lake Jeane in 2016 and had samples tested • Did not find levels above Washington's recreational standard Treatment of Affected Lakes • Only definitive method is to remove phosphorus from water column =major project that will take years — Recently concluded Upper Joe's Creek Nutrient Reduction Study by City of Federal Way Public Works Department in association with Herrera Environmental Consultants was a start in analyzing extent to which surface water (especially from Upper Joe's Creek) contributes phosphorus to Twin Lakes and potential causes of the phosphorus loading • No laws require treatment • Laws only require posting of Caution, Warning and Danger /Closed signs — Mandatory on public lakes — Guidelines for private lakes • There are approved (temporary) treatments — Algaecides — Temporary phosphorus inactivation (likely effective for only five years) — Need permit from Department of Ecology 10 4 10/4/2017 Treatment of Lake Lorene TLHOA has treated Lake Lorene with approved experimental treatment of zero valent iron (temporary phosphorus inactivation) — Results acceptable to Lake Lorene homeowners — TLGCC disputes effectiveness — DOE considers effectiveness inconclusive — Results not necessarily the same for Lake Jeane (lower water volume and more water flow) Treatment of Lake Jeane TLGCC has permit to treat Lake Jeane but has not treated it 2014 -2016 — Cost (12K to 25K per year) • Homeowners have offered to pay • Potential State grant funding — None proven effective (only definitive is removal of phosphorus from water supply— beyond TLGCC control) — Fear of damage to irrigation system and to greens — Willing to treat with carbon -based treatment • Would mitigate odor problem • Would possibly reduce phosphorus • Would be used only after appearance of cyanobacteria • Would not treat toxicity • Would only be used on small portion of Lake Jeane 11 5 10/4/2017 Treatment of Lake Jeane (Continued) • Homeowners prefer proactive temporary phosphorus inactivation treatments — Some seem to prefer aluminum sulfate ( "alum ") as used on Green Lake • Green Lake is much larger than Lake Jeane • Green Lake treatments costs $1,000,000 every 3 to 5 years — Others seem to prefer zero valent iron as used on Lake Lorene — Both of these treatments are opposed by TLGCC • State Department of Health (DOH) and Seattle & King County Public Health Department (PHSKC) — Did site visit to Lake Jeane in August 2015 — Recommended that all concerned parties work towards funding short -term treatment of Lake Jeane Lawsuit Filed March 2016 • Eight (originally nine) Lake Jeane homeowners sued TLGCC—Ward et. al. vs. Twin Lakes Golf & Country Club, King County Superior Court Case Number 16 -2- 07439 -1 • Ten other homeowners filed declarations supporting the plaintiffs • Original demand was that TLGCC treat lake 12 6 10/4/2017 Lawsuit (Continued) Claim of Nuisance — Argued TLGCC has duty to treat lake • As part of duty to maintain water level • Based on homeowner right to use and enjoy lake • Based on dues paid by homeowners — Most (not all) Lake Jeane homeowners must pay "associate member" dues of approximately $900 per year to TLGCC — Entitles use of club house, pool, and tennis courts but not golf course — Also argued TLGCC adds to problem by replenishing water taken for irrigation with phosphorus -rich ground water from well — Rejected by court — summary judgment granted to TLGCC Lawsuit (Continued) Claim of Breach of Contract; Breach of Easement; Breach of Declaration of Covenants, Conditions, and Restrictions — Plaintiffs position was TLGCC has duty to maintain water quality — TLGCC argued responsibility for maintenance and repair of easement belongs to owner of easement, i.e. homeowners — Plaintiffs responded: "Had the Club asserted this position from the beginning and granted Plaintiff's request to maintain Lake Jeane, Plaintiffs never would have filed this lawsuit" — Plaintiffs then asked Court to • "conclude that the Club has unreasonably interfered with Plaintiffs' easement right to use and enjoy Lake Jeane" by "continually prevent[ing] Plaintiffs from maintaining Lake Jeane themselves" AND • grant order permitting them to maintain Lake Jeane 13 10/4/2017 Lawsuit (Continued) Claim of Breach of Contract; Breach of Easement; Breach of Declaration of Covenants, Conditions, and Restrictions (Continued) — Court initially rejected plaintiff claims • DOE, not TLGCC determined homeowners did not have right to treat • No evidence TLGCC took action preventing homeowners from use and enjoyment of lake — Court later granted motion to reconsider based partially on evidence that TLGCC had objected to homeowners' obtaining a permit to treat lake. — Complaint amended • DOE added as defendant • Asks for declaration that homeowners have right to treat Lake Jeane (subject to normal DOE permitting process) • Asks for injunction prohibiting TLGCC from unreasonably interfering with right to treat Lake Jeane Lawsuit (Current Status) Hearing June 16, 2017 • TLGCC attorney stated, "... [T]he Club has no authority or ability to stop them [i.e., the plaintiff homeowners] from (INAUDIBLE) doing what they wish to do [i.e., treat Lake Jeane]." • King County Superior Court Judge Ken Schubert then stated, "... [T]hat's fantastic news. Put that in an ... let's put that in an order: 'The Club has no ability to prevent the plaintiffs from treating the lake. "' • After some more clarification from TLGCC attorney about protecting TLGCC's right to withdraw water from Lake Jeane so that it does not harm their property, Judge Schubert added, "'Subject to what it's in the, it's in the easement "' • After lengthy recess, parties reported progress —said very close but needed to discuss details with DOE Subsequent July 21, 2017 and August 4, 2017 hearings stricken Parties still state working on settlement agreement and expect matter to settle 14 8 10/4/2017 Second Court Case Lake Jeane homeowner Bob Woolley submitted application on behalf of Lake Jeane Residents Coalition Committee (LJRCC) to treat Lake Jeane with zero- valent iron Application rejected — LJRCC not legal entity — Homeowners lack authority to treat Lake Jeane Woolley appealed to Pollution Control Hearings Board (PCHB) — Upheld denial of Woolley permit application — Found TLGCC had the authority to treat Lake Jeane — Motion to Reconsider denied Second Court Case (Continued) Woolley appealed to King County Superior Court — Woolley v. Washington, Department of Ecology, King County Superior Court Case Number 16 -2- 07439 -1 Discussion concerning joinder with lawsuit — did not happen No further hearings until 2018 — Woolley waiting to see what happens in lawsuit 15 9 10/4/2017 Lake Jeane Resident Coalition Committee (LJRCC) • Formed in 2015 • Informal organization (no bylaws, Articles of Incorporation, formal Board of Directors, etc.) • Originally consisted of five Lake Jeane homeowners — Three resigned when lawsuit filed (Two joined lawsuit) — One moved away from Lake Jeane — Woolley is only remaining member Lake Jeane Resident Coalition Committee (LJRCC) (Continued) • Allegedly, 29 of 40 lakeside residents gave written consent for LJRCC to represent interests • Not able to obtain written documents • Survey — I did informal survey of 28 Lake Jeane homeowners — Did not include the eight plaintiffs in lawsuit — Of twelve respondents, half identified LJRCC or Woolley as at least to some extent representing or speaking for their concerns 16 10 10/4/2017 Twin Lakes Homeowners' Association • Represents 1496 homes including those on Lake Lorene and Lake Jeane • Responsible for Lake Lorene maintenance • Former president Gary Darcey is still lake manager for Lake Lorene and has sought City help in obtaining state funding for treatment • Current president is Steve Hatch — Not involved with Lake Jeane —no legal standing — Would like to see Lake Jeane cleaned up but does not want to harm TLGCC Options and Recommendations • General Considerations — No easy solutions legally, politically, or scientifically (experts disagree), so City is best served helping with procedure rather than resolving substance — While the City may choose to involve itself to a limited extent, I have seen nothing that mandates the City has a duty to do so — Court ruling or agreed resolution in lawsuit would help clarify the parameters of the City's actions — Long -term, reduction of phosphorus in Joe's Creek watershed is the only viable solution, but homeowners want resolution before many more years pass — TLHOA and TLGCC depend upon each other. — There are disagreements even amongst homeowners. 17 11 10/4/2017 Options and Recommendations (Continued) • OPTION: Do Nothing— REJECT — Case could be made that City should not take any action as this is purely a private dispute • No ownership in lake bed or surrounding lands • No public access • All lakefront property is private — State and federal agencies dealing with environmental & health threats have not required actions other than warning signs or at most closure of bodies of water • No other local jurisdictions have required more — Therefore, City involvement should be in the form of careful engagement with interested parties to further equity (fairness) and community peace Options and Recommendations (Continued) • OPTION: Adopt Nuisance Ordinance — REJECT — Could foster litigation both by entities objecting to and contesting validity of the ordinance and by entities seeking to force City to enforce it • No such risk in declining to adopt an ordinance — Even without litigation, costly in terms of staff time and may require additional staff with proper expertise — Issue is not "ripe" for adopting public nuisance standards • When would blue -green algae be labelled nuisance? When unsightly? When bad odor? When toxic? • But science is new and indeterminate • Toxicity determinations are subject to caveat that level or existence can change even in an hour —how often would testing have to be done? • Jury still out on question of health hazard from proximity • No definitively proven treatment 18 12 10/4/2017 Options and Recommendations (Continue) • OPTION: Adopt Nuisance Ordinance — REJECT (Continued) — Residential standard • "Residential lake" not defined in law and difficult to define without being over- or under - inclusive • No scientific support for special toxicity standards — No other entities have adopted such standards • Former DOH blue -green algae specialist Joan Hardy stated in an email that "[i]t would be highly unusual for a city or county to have develop it's [sic] own standards that are different than the state or country." Options and Recommendations (Continued) OPTION: Adopt Nuisance Ordinance — REJECT (Continued) — Nuisance requires an entity with a duty or an entity that causes the problem — Causation difficult to pinpoint since introduction of nutrients like phosphorus into the water column can have many sources, usually out of any one party's control — Duty determination is always likely to be problematic because it is always the State that owns the water column. Thus, the determination of who has a duty to act will always be subject to a complicated and potentially irresolvable analysis of various water and other property rights. (Even DOE had great trouble on this.) 19 13 10/4/2017 Options and Recommendations (Continued) OPTION: Adopt Nuisance Ordinance — REJECT (Continued) — Nature of nuisance law makes enforcement a "clunky" procedure that takes a period of time to enforce • Sampling and testing (3 -4 days) • If toxic, owner notified and given time to react (another couple weeks) — In the meantime, an allegedly toxic situation would have been allowed to fester • Potentially problematic for the City • Could involve City in issues regarding which there is no expertise and with which no other municipality has dealt Options and Recommendations (Continued) • OPTION: Engage with Relevant Parties — RECOMMEND — Remaining Issues of Contention • The use of the TLGCC well to replenish Lake Jeane waters used by TLGCC for irrigation • Whether treatment of Lake Jeane should be commenced at all while TLGCC continues to use its well to replenish Lake Jeane waters. • The possibility of TLGCC re -doing its irrigation system so that it would no longer depend on Lake Jeane, an expensive proposition for which payment would have to be negotiated. • The possibility of homeowners or TLHOA completely buying out all TLGCC property interests in Lake Jeane (including its property right to dues from Lake Jeane homeowners) 20 14 10/4/2017 Options and Recommendations (Continued) • OPTION: Engage with Relevant Parties — RECOMMEND (Continued) — Remaining Issues of Contention (Continued) • Which treatment option should be used, residents apparently being divided amongst those favoring "alum" and those favoring zero valent iron • Whether a full phosphorus budget and lake restoration analysis should be commissioned, as recommended by the City of Federal Way in concluding the Upper Joe's Creek Watershed Reduction Study. • How treatment and /or any analysis would be funded. • Whether to form a lake management district (LIVID) and if so, what its parameters should be, including whether it should encompass both lakes. Options and Recommendations (Continued) • OPTION: Engage with Relevant Parties — RECOMMEND (Continued) — State funding • State has not generally funded treatment of waters where the lake bed and shoreline are owned by private parties • But potentially, such funding could happen in the future. — (DOE) was willing to fund treatment of Lake Jeane back in 2015. — This could be attempted again — City could guide lakeside residents through the process and again serve as sponsor (subject to Mayor and City Council approval). 21 15 10/4/2017 Options and Recommendations (Continued) OPTION: Engage with Relevant Parties — RECOMMEND (Continued) — Lake Management District Formation — Can be started either by City Council resolution of intention or by petition from property owners — Either way, must be approved by vote of property owners Caveats — Not clear if homeowners want it now » While having to pay mandatory dues to TLGCC While TLGCC adds well water to Lake Jeane — Not clear if Lake Lorene should be included — TLGCC has in past been opposed — If granted water treatment permit, may have to recompense TLGCC for any harm caused — Does not resolve long -term phosphorus loading — Will take a minimum of 12 to 18 months to set up with City staff time devoted Options and Recommendations (Continued) OPTION: Engage with Relevant Parties — RECOMMEND (Continued) • Lake Management District (Continued) — Nevertheless, City should support, if desired by and vetted with property owners, because: » Unlike a nuisance ordinance, an LIVID would be limited to Lake Jeane (or Lake Jeane and Lake Lorene) and would not in any way affect other bodies of water in Federal Way. » It is democratic — determination of whether to set it up and as to what actions to take would be determined by a vote of property owners. Since there are some health risks associated with a lake containing a blue -green algae bloom, especially to pets or small children, some democratic control by nearby property owners does seem to make sense. » Parties could (hopefully) agree on formula of assessments and voting rights that would be acceptable to all 22 16 10/4/2017 Options and Recommendations (Continued) OPTION: Engage with Relevant Parties — RECOMMEND (Continued) Steps Forward Recommended Now • Include increased funding for Freshwater Algae Control Program (FACP) grants in 2018 legislative agenda. • Hold meeting with TLGCC officers concerning its position on the formation of a lake management district (LIVID). • Call a public meeting in the Twin Lakes neighborhood, inviting all TLHCA officers and members and all TLGCC officers and members, in which the following is discussed and /or offered: — Options for a lake management district (LIVID) including » Positives and negatives » Scope (i.e., whether to include both lakes) » How it would be formed via property owner petition OR City Council resolution — Assistance with soliciting and applying for FACP grants toward further analysis and /or treatment. Very Recent Developments University of Washington- Tacoma Associate Professor of Environmental Chemistry and Engineering Dr. Jim Gawel — I interviewed him in the course of doing my report — He has offered to look through data collected so far and see what can be used to construct phosphorus budget for both lakes — Still needs bird counts, sediment flux data, and lake water profile samples • Would bring out his class this month and next (assuming access and permission to get boats and students on lake and permission to take sediment samples is granted) • Would use published and collected data to attempt a phosphorus budget or at least see where holes might be — No charge for now since done as class exercise — I would recommend we follow up on this ASAP 23 17 10/4/2017 Very Recent Developments (Continued) • I was asked to put together an "expert panel" to discuss best options for Twin Lakes • Could be added as discretionary part of recommended public meeting . ? ?? Comments /Questions 24 18