RES 24-007RESOLUTION NO. 24-007
A RESOLUTION OF THE CITY OF CAMAS, WASHINGTON
approving an Interlocal Agreement with Clark County, Washington to
Develop a Long-Term Partnership for Management of the Lacamas
Watershed and Lacamas/Round Lakes.
WHEREAS, the City of Camas and Clark County intend to enter into an Interlocal
Agreement to develop a long-term partnership for management of the Lacamas Watershed and
Lacamas/Round Lakes; and
WHEREAS, the City of Camas and Clark County have negotiated the terms of such
Interlocal Agreement; and
WHEREAS, the Interlocal Cooperation Act pursuant to RCW Chapter 39.34 allows one
or more public entities to contract with one another to perform government functions or services
which each is allowed by law to perform; and
WHEREAS, RCW 39.34.030(2) provides that appropriate action by resolution or
otherwise pursuant to law of the respective governing bodies is required to approve any
Agreement adopted pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
CAMAS AS FOLLOWS:
I
The City of Camas hereby approves the Interlocal Agreement with Clark County and
authorizes the Mayor to execute the Agreement on behalf of the City.
II
Pursuant to RCW 39.34.040 the Interlocal Agreement as herein approved shall be listed
on the City's website or other electronically retrievable public source.
RESOLUTION NO. 24-007
PASSED by the Council of the City of Camas and approved by the Mayor this 6th day of
May, 2024 .
APPROVED as to form:
City Attorney
DocuSign Envelope ID: 08853F38-5BF7-4273-B273-BB58F51553B6
INTERLOCALAGREEMENT
BETWEEN CLARK COUNIT AND THE CITY OF CAMAS
TO DEVELOP A LONG-TERM PARTNERSHIP FOR
MANAGEMENT OF THE LACAMAS WATERSHED AND LACAMAS/ROUND LAKES
Pursuant to Chapter 39.34 RCW and RCW 70A.205.040, this Interlocal Agreement (Agreement) is entered
into between Clark County and the City of Camas (the "Parties"), recognizing the continued efforts of the
Parties to improve water quality within the Lacamas Watershed, Lacamas Lake and Round Lake, and to
develop a long-term partnership to collaborate on future management and implementation strategies.
WHEREAS, the Parties recognize that our community, businesses, public policymakers, and local
government staff benefit from cooperative, coordinated, and shared approaches to managing the Lacamas
Watershed and Lacamas and Round Lakes (the "Lakes"); and
WHEREAS, both Parties understand the importance of watershed management and the impacts that
poor water quality can have on the environment, recreation, and citizens' overall quality of life; and
WHEREAS, there is a mutual benefit to the County and City to continue to protect and improve the
Lacamas Watershed for the benefit of current and future generations; and
WHEREAS, Camas citizens, recreational users of the Lakes, and other broader community members
have made it abundantly clear through comments and public engagement that improving the water quality
within the Lakes and the broader Lacamas Watershed is of paramount importance; and
WHEREAS, in the 1990's and early 2000's the County independently, and through partnering with
the Department of Ecology, completed water quality monitoring within Lacamas and Round Lakes,
developed strategies to improve water quality, and implemented improvements within the Watershed,
primarily targeting agricultural and dairy practices at the time; and
WHEREAS, since the early 2000's there has not been a concerted effort on the part of any agency to
specifically monitor water quality within the Lakes and there has been an apparent worsening of water quality
or other change in conditions that has brought consistent algal blooms to occur on the Lakes, impacting
recreational activities and other environmental resources; and
WHEREAS, the County has completed monitoring of streams within the Lacamas Watershed every
five years to track water quality status and trends, with the last effort completed in 2021; and
WHEREAS, in 2021, the City and the County partnered on completion of a water quality assessment
of Fallen Leaf Lake (previously known as Dead Lake), which discharges into Lacamas Lake; and
WHEREAS, beginning in 2020 the City secured funding and took the lead in developing a Lake
Cyanobacteria Management Plan (''Lake Management Plan") in accordance with the Department of
Ecology's guidance documents and in coordination with multiple agency and non-profit stakeholders,
including Clark County. A draft of the Lake Management Plan was completed in Fall 2023 and is currently
under review by the Department of Ecology; and
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WHEREAS, funding for the Lake Management Plan was in part provided by the Department of
Ecology Freshwater Algae Control Program and through State Budget appropriations submitted on behalf of
the community by the Parties State legislators; and
WHEREAS, the larger streams and the Lakes within the Lacamas Watershed are considered Waters
of the State, signifying they are owned by the public and managed through a coordinated effort of state and
local agencies, including the County and Camas; and
WHEREAS, the Parties recognize it will take a concerted effort on the part of all agencies having
jurisdiction, all non-profit organizations, and the general public to make significant improvements to the
water quality within the Lacamas Watershed and Lakes; and
WHEREAS, both parties have existing National Pollutant Discharge Elimination System (NPDES)
Stormwater Permits and dedicated stormwater programs that already plan, monitor, inspect and improve
water quality within their respective jurisdictional boundaries, including the Lacamas Watershed and Lakes;
and
WHEREAS, through the Clark County Cleanwater Commission, a Lacamas Watershed Symposium
was held on October 25, 2023, in which multiple agencies and non-profit organizations presented on all of
the good work that has been occurring within the Lacamas Watershed and Lakes and where participants
discussed potential opportunities for partnering and coordinating on future management and implementation
of strategies to improve water quality within the Lacamas Watershed and Lakes; and
WHEREAS, after the Lacamas Watershed Symposium, the City of Camas Council, and the Clark County
Council each individually supported the development of an interlocal agreement and partnership between
Camas and the County to lead efforts to strengthen and coordinate on management of and improvement to
the water quality within the Lacamas Watershed and Lakes.
NOW, THEREFORE, in consideration of the mutual benefits and covenants contained herein, it is hereby
agreed:
1. Purpose of Agreement. The Parties intend this Agreement to provide for a long-term partnership and
creation of a governance structure in support of efforts, in conjunction with other agencies,
organizations, and the public, to improve water quality within the Lacarnas Watershed and Lakes.
Through this Agreement, ultimately the Parties intend to identify roles and responsibilities, governance,
policy, joint and individual work plan, and financial expectations, and to clarify regulatory authority(ies) in
support of a shared Vision for the Watershed and Lakes.
1.1. The Parties will revisit this Agreement at least biannually, or as otherwise necessary, to determine if
updates are required.
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2. I oint Vision and Charter Development.
2.1 . The Parties will develop a joint Vision and Charter document to confinn and identify a shared
vision for the Lacamas Watershed and clarify roles, responsibilities, and expectations for each party
as it relates to achieving the Vision and implementing Watershed and Lake Management activities
for the Lakes. The Charter may include such things as a governance structure for joint decision-
making where necessary, a shared public outreach and information plan, internal communication
strategies for keeping the Clark County Council and Camas City Council (the "Councils") informed,
annual joint work plan requirements, and other related activities as further identified below.
3. Technical Advisory Group Creation.
3.1. The Parties will create a Technical Advisory Group (TAG) to provide for streamlined
communication between the Parties; provide technical overview and guidance for activities in the
Watershed and Lakes; recommend implementation strategies with forecasted and measurable
outcomes to the Councils' to improve water quality within the Lacamas Watershed and Lakes;
recommend funding and policy initiatives; and manage, oversee and monitor the effectiveness of
this Agreement, implemented projects, public participation and stakeholder engagement.
3.2. The TAG shall meet at least twice annually to review status of individual Party work efforts,
assign, and coordinate on joint activities, and determine if there are necessary updates for the
Councils. Agendas shall be jointly prepared and reviewed by the Parties.
3.3. The TAG shall include members of staff from each Party, and at a minimum will include the Public
Works Directors, or their designee, and technical staff members from the County's Cleanwater
Division and the City's Stormwater Division. It is envisioned that early meetings of the TAG may
have participation from only County and City staff, then expand as the partnership and associated
projects evolve.
3.3.1. Each Party may have other staff attend TAG meetings at their own discretion .
3.3.2. Representatives from other agencies or non-profit organizations may be invited to attend
TAG meetings upon concurrence of both Parties.
4. (oint Public Outreach and Agency Partnerships.
4.1. Public Outreach. The Parties will develop a joint Public Participation Plan for the Lacamas
Watershed and Lakes including sttategies for keeping the public informed about the status of water
quality and implementation strategies and creating a process to gather public input as work efforts
and implementation progresse s. This Public Participation Plan, at a minimum, will:
4.1.1. Identify target audiences and establish key messages for all stakeholders.
4.1.2. Identify timelines for routine public meetings and/ or open houses to share updates on
implementation progress in the Watershed and Lakes.
4.1.3. Establish a webpage(s) to provide updates on implementation efforts in the Lacamas
Watershed and Lake.
4.1.4. Designate co-sponsored volunteer stewardship activities including, but not limited to, litter
cleanups, invasive species removal, community service events, and ttee planting activities.
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4. 1.5. Identify opportunities to provide education and outreach at public events, su~h as the Camas
Farmers Market and Annual Lake Cleanup, and the type of information that should be
shared.
4.1.6. Identify and develop specific education and outreach programs through coordination with
local organizations that work directly with private landowners to educate property owners on
what they can do to improve water quality .
4.1. 7. The Parties will work together to develop a specific outreach plan or strategy to work with
large pollutant generating facilities in the watershed including Golf Courses and Dairies. Tbis
will include requesting partnership support from the Department of Ecology, USDA NRCS,
WSDA, or other agencies for joint site visits, outreach, technical, and financial assistance.
4.2. ~enc1 Partnershi~1s.
4.2.1. The Parties will follow the Department of Ecology's Lacamas Creek Source Assessment and
Advanced Restoration Plan (ARP) development for the Lacamas Watershed. The Parties will
participate, review, or provide comments when deemed necessary to Ecology as allowed or
otherwise requested through the Ecology process.
4.2.1.1 . The Parties understand the Assessment will serve as the technical foundation for
watershed implementation activities and the ARP will identify priority areas and projects
for implementation, develop a list of implementation activities , establish cost estimates
and a timeline for implementation, and include long-term effectiveness monitoring to
adaptively manage the ARP; all for the benefit of the Watershed . It is anticipated that the
Parties will be instrumental in carrying out the recommendations of the ARP, likely
through their respective Stormwater NPDES permits and, as such, the Parties should
endeavor to actively participate in the development of the ARP .
5. Polic Initiatives.
5.1. Operating within their res p ective established budgetary and policymaking framework, the
Parties will attempt to work together to establish legislative priorities and requests for funding
for the Lacamas Watershed and Lakes focused on reducing nutrient loading and harmful algal
blooms. Examples may include such things as seeking local and/ or State legislative support for
septic, sewer, and stormwater activities; support for agricultural work; riparian restoration
activities; or efforts to regulate the use of phosphate-based fertilizers in the watershed.
5.2. The Parties, through recommendations of the TAG, will work together to identify opportunities
to update local codes and ordinances to protect water quality in the Lacamas Watershed and
Lakes, which could include new requirements around nutrient application or developing policies
for motorized boaters on Lacamas Lake .
5.3. The Parties will work together to identify, support, and pursue funding and partnerships for
projects that involve land acquisition, riparian and wetland restoration, or implementation of
agricultural best management practices for manure management.
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5.4. The Parties will explore opportunities to increase local funding for Watershed and Lakes
Management activities. This may include a review of recreational fees, event permits, stormwater
rates, use of Clark County's Conservation Futures program, or other potential programs in both
jurisdictions . As part of this effort, opportunities to fund other Watershed partners' efforts such
as the Clark Conservation District, Lacamas Watershed Council and the Watershed Alliance of
Southwest Washington should be explored to the extent possible.
S.S. Lon~-Term Man%:ement. The Parties will assess potential options to, benefits of, or challenges
of maintaining a long-term interlocal agreement-based partnership, establishing a different form
of joint operated management structure, or the potential for a separate new entity that can serve
as a chief steward to support and fund implementation work in the Lacamas Watershed and
Lakes. Initial work led by the TAG will focus on determining when an appropriate time would
be to assess these potential options as the Parties recognize initial coordination and
development of a municipal partnership is the near-term priority.
6. WorkPlans.
6.1 . Clark Countv.
6.1.1. Dependent upon available funding and staff resources, implement microbial source tracking
(MS1) monitoring to collect bacteria samples and use DNA technologies to determine
whether bacteria pollution is coming from humans, livestock, horses, dogs, or geese. This
information will be used to work with Poop Smart Clark to assist landowners with water
quality problems on their property, specifically from livestock and septic systems, or to work
on other geese deterrent strategies.
6.1.2. Continue to provide monitoring support for the Lacamas Watershed by completing
monitoring at least every five years to track water quality status and trends.
6.1.3. Complete stormwater inventory and upgrade all stormwater cartridges to Phosphorb
cartridges to increase nutrient treatment in stormwater runoff.
6.1.4. Clark County Public Health will continue to provide cyanobacteria monitoring and
education to recreationalists on water quality and beach closures.
6.1.4.1. The Parties will continue coordinating regarding potential improvements to the
testing and notification process as it relates to the amount of time required to notify
the general public of potential water quality concerns.
6.2. Camas.
6.2.1. Continue to provide updates to the TAG and Councils regarding operation of the Lacamas
Lake Dams and explore opportunities to integrate dam management activities to improve
flushing of Lacamas Lake.
6.2.2. In coordination with the TAG, develop a final Lake Treatment Plan to be implemented in
Summer 2024 and more fully develop an adaptive treatment, management, and effectiveness
monitoring plan for subsequent years.
6.2.3. In coordination with the TAG, develop and complete monitoring activities in, and
downstream of, the Lakes as necessary to continue to establish baseline information and
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support future Lake treatment efforts.
6.2.4. Gather additional information relative to the findings in the Lake Management Plan,
including considerations of things such as dye tracing to determine how creek flows entering
the Lakes move through the water bodies, conducting more extensive aquatic vegetation
surveys, investigating the sources of the Unnamed Creek on the north side of Lacamas Lake,
and additional sediment sampling.
6.3. Near-Term joint Work Plan.
6.3.1. Develop a joint Vision and Charter per Section 2.1.
6.3 .2. Create and confirm membership of a Technical Advisory Group (TAG) per Section 3.1.
6.3.3. Develop a joint Public Participation Plan per Section 4.1.
6.3.4. Develop a specific outreach plan and strategies to work with large pollutant generating
facilities per Section 4.1.2.
6.3.5. Identify legislative priorities for the next biennium to request support from the Parties local
legislators per Section 5.1.
6.3.6. Identify potential opportunities to update local Codes to further strategies that will assist in
improving water quality within the Lacamas Watershed and Lakes per Section 5.2.
6.3.7. Explore opportunities to increase local funding for Lacamas Watershed and Lakes activities
per Section 5.4.
6.3 .8. Develop a conceptual Watershed Improvement Plan with known or suspected "hot spots"
(e.g. areas of significant erosion; contributions of contaminants, septic failures, etc.) and
potential projects, lead agency, anticipated costs, and probable funding sources to be used by
the Parties as a tool to track opportunities not otherwise identified in other planning
documents.
6.4. Ongoing )oint Work Plan.
6.4.l. Revisit this Agreement at least biannually per Section 1.1.
6.4.2. Continue working with agency and non-profit organizations per Section 4.
6.4.3. The Parties will inventory their respective stormwater facilities to identify which facilities
currently have phosphorous removal treatment cartridges. Facilities that are missing,
malfunctioning, or needing replacement will be incorporated into the annual capital plan to
be upgraded.
6.4.4. Continue to implement each agency's respective stonnwater management programs
regulated by the Phase I (County) and Phase II (Camas) NPDES Municipal Stormwater
Permits, which includes inspection, maintenance, and repair of municipal stonnwater
infrastructure. 1bis also includes continuing to identify opportunities for stonnwater
retrofits; providing routine street sweeping; technical assistance for pollution source control;
and providing homeowners with technical assistance for private stormwater facilities.
6.4.5. Both Parties will continue to participate in the Stonnwater Partners for Southwest
Washington to continue coordinating on stormwater management activities.
6.4 .6. The Parties will continue to investigate long-term treatment opportunities and best practices
for controlling harmful algal blooms in the Lakes based on treatment effectiveness.
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6.4.7. Document annual Watershed and Lakes activities in an annual report to be presented to the
Councils and made available to the general public.
7. Limitations.
7.1. Nothing in this agreement shall supersede any authority granted to either the County or the City,or
otherwise imply any control by one Party over the other Party.
7.2. Nothing in this agreement shall obligate either Party to provide personnel or assume operation and
maintenance responsibilities for the other party's facilities or operations. Nor shall any provision of
this agreement change in any manner the rules and restrictions under which either party operates.
7 .3. The terms of this Agreement are intended for the exclusive benefit of the Parties hereto and nothing
contained herein shall be construed to create any duty or obligation not otherwise mandated by law
or create any rights or benefits in or to any third-party.
8. Dispute resolution. Any disputes arising under the terms of this agreement shall be resolved through a
negotiated effort to reach consensus. The Parties may agree to mediation as part of such effort.
9. Term. Commencing on the effective date as outlined below in this Agreement, this Agreement shall
continue until terminated as herein provided. Any party hereto may withdraw and terminate its rights
and obligations under this Agreement with the understanding that:
9.1. Notice of intent to withdraw shall be provided with 90 days' notice; and
9.2. Termination will not absolve the City or County of responsibility for meeting financial and other
obligations outstanding at the time of termination.
10. Effective date. This Agreement shall be effective upon its execution by both Parties.
11. Entire agreement and modification. This Agreement embodies the entire agreement and
understanding between the Parties hereto with respect to its subject matter and supersedes all prior
agreements and understandings, whether written or oral, relating to its subject matter. No amendment or
modification of this Agreement shall be valid unless made in writing and signed by each of the Parties.
12. Indemnification/ Hold harmless. To the fullest extent permitted by law, each party shall defend,
indemnify, and hold harmless the other party, including their elected and appointed officials, agents, and
employees from and against all claims of third parties, and all associated losses arising out of or resulting
from each party's own negligent acts or omissions with respect to the performance of this Agreement.
Neither party will be required to indemnify, defend, or save harmless the other party if the claim is caused
by the sole negligence of the other party. Where such claims result from the concurrent negligence of the
parties, their agents, officials, or employees, the indemnity provisions provided herein will be valid and
enforceable only to the extent of the negligence of the indemnifying Party, its agents, officials, or
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employees. "Claim," as used in this contract, means any financial loss, claim, suit, action, damage, or
expense, including but not limited to attorney's fees. Parties waive their immunities under Title 51 RCW
to the extent it is required to indemnify, defend, and hold harmless the other party and their elected and
appointed officials, agents, or employees . This provisions of this section shall survive after the
tennination of this Agreement.
13. Public Records Act. Notwithstanding the provisions of this Agreement to the contrary, to the extent
any record, including any electronic, audio, paper or other media, is required to be kept or indexed as a
public record in accordance with the Washington Public Records Act, RCW Chapter 42.56, as may
hereafter be amended, each party agrees to maintain all records constituting public records and to
produce or assist both parties in producing such records, within the time frames and parameters set forth
in state law. Each party further agrees that upon receipt of any written public record request from the
public, shall, within two business days, notify the other party of receipt of the request by providing a copy
of the request to the other party's Public Records Officer.
14. Recording or Public Llsting. The Parties agree that this Agreement, after full execution, either will be
recorded with the Clark County Auditor or listed by subject on each Party's website or other
electronically retrievable public source, as required by RCW 39.34.040.
15 . Severabili!l, If any provision of this Agreement is held invalid, the remainder would then continue to
conform to the terms and requirements of applicable law.
16 . Interlocal Cooperation Act Compliance. This is an agreement entered into pursuant to Chapter 39.34,
RCW. Its purpose is as set forth in Sections 1 and 2 . Its duration is as specified in Section 9. Its method
of termination is set forth in Section 9. No property shall be acquired pursuant to this Agreement, which
will need to be disposed of upon partial or complete termination of this Agreement.
~L)\1,
1
COUNTY, WASHINGTON
{<@M;L ~ 9/:fv
Kathleen Otto, County Manager
APPROVED AS TO FORM ONLY APPROVED AS TO FORM ONLY
ANTHONY F. GOLIK
Clark County Prosecuting Attornry
Kevin A. McDowell, Deputy Prosecuting Attorney
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