At issue was the use of the Sensitive Lands Codes being used as an implementation tool for meeting the requirements of the Clean Waters Act. This is not the purpose of the SL program, however it was felt that to leave the TMDL as is would not only add another layer of government oversight to residents' backyards, it had the possibility of increasing the requirements on private property - back yards, front yards, and everything inbetween.
As usual, Councilor Hughes had done her homework. Having studied the requirements of the MS4 permit (the DEQ permit for meeting the Clean Waters Act - see yesterday's post on MS4 for Dummies), she made a chart of temperature recordings going back several years. The chart clearly shows that Lake Oswego's streams meet DEQ standards for temperature pollution. Adding even more tree canopy for stream cooling was not necessary.
The debate was spirited to say the least. The subjects of debate were so compelling that I can only describe a fraction. You may watch it on TVCTV government channels as reruns, or as streaming video on their website. The arguments by both sides stand out as stark comparisons of the split between those who would have more controls on citizens, to those who believe citizens are responsible and can do well with minimum government oversight.
Why then, was staff (Stormwater Manager, Anne McDonald), suggesting that we needed to beef up our compliance measures if we already meet standards?
Why submit a report that would add regulations to an already burdened population (and maybe more) when there was no need to in the form of more tree canopy at streams, etc.
Why was this being done before the Council had approved a new Sensitive Lands program?
City Manager, Scott Lazenby, and Councilor Gustafson agreed with staff that we should send in the report now and change it later. Council voted 5-1 to hold off on submitting the TMDL until the SL program was completed, and instead, send a letter explaining our progress toward meeting temperature goals in our own way.
Best Quotes of the Night:
(from memory - see video for exact wording)
Lauren Hughes: "It seems like putting an ice cube into a hot tub." (On the effects of more regulation on tiny streams that flow into the lake and eventually into the Willamette River.)
Karen Bowerman: "We meet the standards now. Why make it any more complicated than that? Why not just tell them that we meet standards, period?" (On why staff needs to send in a report to DEQ that says what we will do more to meet standards since we already meet them now.)
Jeff Gudman: "Let's all take a 10 minute break."
Thanks for the report! Another report from staff that is "overkill". What does this tell us about our City Manager?
ReplyDeleteAs usual, "USC" is too kind. Councilor Hughes caught city staff preparing to send a 5 year report to DEQ on TMDL (Total Maximum Daily Load) implementation that would have resulted in significant expansion of stream buffers. That means more sensitive land mapping on properties already burdened with the designation. Submission of the report would have undermined Council efforts to reform the Sensitive Lands program in direct defiance of Council direction and Council goals. Setting city policy is the Council's job and not the staffs. The report was approved by the City Manager but Council was never informed of it's existence or ramifications on city policy. Great work Councilor Hughes!!
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