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HomeMy WebLinkAboutord2013-041strike WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2013-252 CLEARANCES Initial Date Date Received in Council Office Benda Date Assigned to: Originator: Erin Osborn 6 /2G/6 6 Division Head: fW p 4-24--13 R E C E p v E July 9,2013 Introduction Mark Personius I� LC, u Dept.Head: July 23,2013 Sam Ryan 4- A4 1,3 Hearing Prosecutor: JUL I 2013 - - - Royce Buckingham Vi‘ ( 6 (3 WHATCOM COUNTY Purchasing/Budget: COUNCIL Executive: Jack Louws ' C./a al/13 - - TITLE OF DOCU • T: Ordinance adopting amendments to the 2013-2018 Six-Year Capital Improvement Program ATTACHMENTS: 1. Cover Memorandum 2. Proposed Ordinance and Exhibits 3. Planning Commission Findings of Fact and Reasons for Action 4. Excerpts from May 23, 2013 Planning Commission Meeting Draft Minutes SEPA review required? (X ) Yes ( ) NO Should Clerk schedule a hearing? (X ) Yes ( ) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date:July 23,2013 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing,you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This ordinance amends Chapters 11 & 12 of the County's Six-Year Capital Improvement Program(CIP) (2013-2018). Chapter 11 of the CIP is amended by adding four additional capital improvement projects, and modifying two existing projects. The new and amended projects will be funded(in part)with Real Estate Excise Tax(REET)monies, and pursuant to state law,REET funds may be used for capital facility projects,but only when they are identified in the Capital Facilities Plan i.e.the Six-Year CIP [RCW 82.46.010&RCW 82.46.035]. Chapter 12 of the Six-Year CIP, "Costs by Project Category"is also amended to reflect summary changes to Chapter 11 "total capital costs"over the six year planning period(2013-2018). Pursuant to the Growth Management Act(GMA), amendments to the County's Comprehensive Plan may be considered no more frequently than once per year(with certain exceptions); one such exception is when a Capital Facilities Plan is amended concurrently with the County budget [RCW 36.70A.130(2)(a)(iv)]. Administrative Services Department, Finance Division proposed an amendment to the County's 2013-2014 Biennial Budget to appropriate funds for one of the above referenced projects (the Superior Court Fourth Judge Courtroom Renovations Project); this amendment was adopted by the County Council at its June 18, 2013 meeting under Ordinance 2013-032,thereby satisfying the above exception. COMMITTEE ACTION: COUNCIL ACTION: 7/09/2013: Introduced 7/23/2013: Council Adopted 7-0 Ord. 2013-041 Related County Contract#: Related File Numbers: Ordinance or Resolution Number: AB2013-088—Res.2013-007 Ord. 2013-041 PLN2013-00009 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. SPONSORED BY: Consent PROPOSED BY: PDS INTRODUCTION DATE: 7/9/2013 ORDINANCE NO. ADOPTING AMENDMENTS TO THE SIX-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) FOR WHATCOM COUNTY FACILITIES (2013-2018) WHEREAS, The Whatcom County Council initiated the subject amendments for review in 2013; and WHEREAS, The Growth Management Act(GMA) states that amendments to the County's Comprehensive Plan may be considered no more frequently than once per year(with certain exceptions); one such exception is when a Capital Facilities Plan is amended concurrently with the County budget; and WHEREAS, On June 18, 2013, the Whatcom County Council adopted an amendment to the County's 2013-2014 biennial budget under Whatcom County Ord. 2013-032, concurrently with the proposed amendment to the Six Year Capital Improvement Program; and WHEREAS, On May 23, 2013, the Whatcom County Planning Commission reviewed the subject proposal to amend the Six-Year Capital Improvement Program, and recommended approval of proposed amendments as shown on Exhibit A; and WHEREAS,The Whatcom County Council held a public hearing on the subject amendments on XXXX XX, 2013; and WHEREAS,The County Council hereby adopts the following findings of fact: FINDINGS OF FACT 1. The proposal is to amend the Whatcom County Comprehensive Plan as follows: a. Adopting amendments to Chapters 11 & 12 of the Six-Year Capital Improvement Program (CIP) for Whatcom County Facilities 2013-2018 as shown in the attached Exhibit A: Amending Chapter 11 by adding four new capital improvement projects, and identifying for each a funding source,projected costs, and timeline for expenditure of allotted funds; and modifying funding source,projected costs, and spending schedule for two existing CIP County Courthouse projects previously adopted in 2012 under Ord. 2012-049; and finally, amending Chapter 12 to reflect changes to costs that will occur as a result of the above described amendments to Chapter 11. b. Repeal existing Chapters 11 & 12 of the existing Six-Year CIP for Whatcom County Facilities 2013-2015 as adopted under Ord. 2012-049. 1 2. Pursuant to RCW 36.70A.106, on April 22, 2013, a"60 Day Notice of Intent to Adopt Amendment"was submitted to the Washington State Department of Commerce in regards to the subject amendments. 3. On April 23, 2013, Whatcom County Planning&Development Services Department received confirmation from the Washington State Department of Commerce indicating that Commerce had received the County's"60 Day Notice of Intent to Adopt Amendment", and that Material ID# 19082 had been assigned to the materials received. 4. The State Environmental Policy Act(SEPA)requires that project and non-project actions be reviewed for the potential of probable significant adverse impacts to the environment,unless categorically exempt from review under SEPA. The Whatcom County Designated SEPA Official(lead agency)reviewed the proposed amendments to the Six-Year CIP (2013-2018), and on April 8,2013 made a determination that no probable significant adverse impacts to the environment would be likely to occur as a result of adopting the proposed amendments, and further,that no additional public notice or public comment period would be required. This decision was made pursuant to WAC 197-11-600(4)(c), and after a review of a letter of addendum dated March 26, 2013,which was added to existing environmental documents on file with the lead agency under SEP2012-00058. Existing environmental documents on file with the lead agency include: an email"letter of addendum"dated March 26, 2013; a SEPA Checklist and Determination of Significance(DNS) originally issued August 23, 2012 which covered adoption of the [(Six-Year CIP (2013-2018)Whatcom County Ordinance(Ord. 2012- 049)]. 5. Notice of the Planning Commission hearing was posted on the County website on April 26, 2013. 6. Notice of the Planning Commission hearing,and that the proposal had been posted on the County website was sent to citizen,media, cities and other groups on the County's e-mail list on May 9, 2013. 7. Notice of the proposed amendments was sent to the Lummi Indian Business Council, Historic Preservation Office on May 9,2013. 8. The Planning Commission held a scheduled public hearing on the subject proposed amendments on May 23, 2013. 9. The Whatcom County Council held a scheduled public hearing on the subject proposed amendments on XXXX, XX, 2013. 10. Notice of the public hearing held by the County Council on the subject amendments was published in the Bellingham Herald on XXXX, XX, 2013. 11. Pursuant to WCC 2.160.080, in order to approve an amendment to the Whatcom County Comprehensive Plan,the County must find all of the following: 2 a. The amendment conforms to the requirements of the Growth Management Act, is internally consistent with the county-wide planning policies and is consistent with any Interlocal planning agreements. b. Further studies made or accepted by the Department of Planning and Development Services indicate changed conditions that show need for the amendment. c. The public interest will be served by approving the amendment. In determining whether the public interest will be served, factors including but not limited to the following shall be considered: i. The anticipated effect upon the rate or distribution of population growth, employment growth, development, and conversion of land as envisioned in the comprehensive plan. ii. The anticipated effect on the ability of the county and/or other service providers, such as cities, schools, water and/or sewer purveyors, fire districts, and others as applicable,to provide adequate services and public facilities including transportation facilities. iii. Anticipated impact upon designated agricultural, forest and mineral resource lands. d. The amendment does not include or facilitate spot zoning. e. Amendments that propose the expansion of an urban growth area boundary are required to acquire development rights from a designated TDR sending area,with certain exceptions. Growth Management Act 12. The Growth Management Act(GMA)establishes planning goals in RCW 36.70A.020 to guide adoption of comprehensive plan amendments. 13. GMA planning goal# 12 is to"Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards"(RCW 36.70A.020(12)). 14. The subject amendments include amending the Six-Year CIP for Whatcom County Facilities for the 2013-2018 planning period.Amendments to the CIP are one step in a process of planning regional facilities provided by the County to serve the people of Whatcom County. 15. The Growth Management Act,RCW 36.70A.070(3),requires that a comprehensive plan must include a capital facilities plan element consisting of: a. An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities. b. A forecast of the future needs for such capital facilities. 3 c. The proposed locations and capacities of expanded or new capital facilities. d. At least a six-year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes. e. A requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent. 16. The Six-Year CIP (2013-2018)for Whatcom County Facilities contains an inventory of existing County owned or operated facilities, a forecast of future needs based upon the level of service standards adopted in the Whatcom County Comprehensive Plan and other factors, proposed expanded or new County capital facilities, costs and funding sources. 17. The purpose of the proposed amendments is to modify the Six-Year CIP, Chapters 11 & 12 (Exhibit A)to add four new improvement projects,their projected costs, sources of funding, and time line for expenditure of the allotted funds; and also to modify the funding source, projected costs, and projected date for expenditure of funds previously set for two existing County Courthouse improvement projects that are identified in Chapter 11 of the CIP as it was adopted in 2012. 18. The four new improvement projects that are proposed have been determined by Whatcom County Facilities Management as necessary to enhance performance and extend building longevity, and to increase life/safety in facilities used for official County business. 19. After their original adoption into the CIP,the two existing courthouse improvement projects that are proposed to be amended were reassessed and it was determined by Facilities Management that it would be necessary to make changes to projected costs, and funding sources, and changes to project start-up dates, in order to meet County goals for completion of these projects. 20. The proposed amendments are in conformance with the Growth Management Act in that the act requires that the County adopt a six-year financing plan to fund proposed capital facility improvement projects;the proposed improvement projects have been identified as necessary, and the CIP must be amended to include these projects prior to any monies spent. County-Wide Planning Policies 21. In conformance with County Wide Planning Policies(A)2-4 regarding public participation,the County has taken steps to ensure that the Whatcom County Public Participation Plan(2012)is followed with respect to providing information to the public, and other interested parties, about the details and scope of the proposed amendments under consideration. 22. PDS staff maintained a complete file on the amendments being considered, including background research,preliminary analysis,proposed draft text, and various agency correspondence.Public notice was published in the Bellingham Herald to inform the public of the scheduled upcoming public hearing to be held by the Planning Commission; and information about the upcoming hearing and a report containing staff analysis and recommendations were posted to the County website. 23. On May 9,2013, an email describing the proposed amendments was sent to 200 interested citizens who have previously requested to be kept up to date on proposed amendments and 4 other County projects. Staff continues to be available to respond to inquiries from interested parties about the proposal. Any input received from interested parties will be considered and may form the basis of recommendations that are made to County decision-makers. 24. County-Wide Planning Policy K—Siting of Public Facilities Policy K-1 states: "As part of the comprehensive planning process,the county and the cities shall identify appropriate land for public facilities which meets the needs of the community, such as schools, recreation,transportation and utility corridors,human service facilities, and airport and other port facilities . . ." The proposed modifications to existing adopted CIP projects and the four new projects, if approved,will improve the structural integrity of county facilities, add to their longevity, and provide for an increase in overall life/safety in these facilities. The proposed amendments to the CIP add four new projects to improve existing buildings, identify dollar amounts and funding sources for proposed improvement projects, and also modify existing sources of funding and dollar amounts set for expenditure on two existing improvement projects previously adopted in the CIP in 2012 (Ord. 2012-049). As proposed, the new projects and modified projects will help fulfill County-Wide Planning Policies that call for facility planning that"meets the needs of the community". Interlocal Agreements 25. Discussion: Interlocal agreements between Whatcom County and the cities emphasize the need for cooperation and identify the importance of consulting with any city as appropriate when the County plans new projects within the city's urban growth area. 26. The purpose of the proposed amendments, in part, is to improve County owned/operated facilities. County facilities may be physically located throughout the county, such as the County Courthouse and the Central Plaza Building located within the City of Bellingham. Whatcom County facilities serve the interests of a widespread range of citizenry regardless of where they may reside. To ensure adequate notice of the County's intent, and to ensure cooperation with all involved or affected parties, all of the cities were each sent an email memo describing County's intent to amend its Six-Year Capital Improvement Program, along with an invitation to comment on proposal. 27. The Planning Commission finds that the proposed Six-Year Capital Improvement Program is generally consistent with the GMA, County Wide Planning Policies, and adopted Interlocal agreements with the cities. Further Studies/Changed Conditions 28. The Six-Year CIP(2013-2018)was most recently revised and adopted, in November 2012, since that time,Whatcom County Administrative Services Department; Facilities Management Division has identified four additional projects that are designed to improve County facilities. 29. The four additional projects proposed, include: 1)Implementation of a interior painting schedule for all Whatcom County Facilities; 2)Improvements to the Central Plaza Building (Public Defenders Building)that include Heating, Ventilation, and Air Conditioning(HVAC) system upgrades that proactively address life/safety concerns in regards to air quality; 3) Improvements to the Central Plaza Building exterior, including crack repair and re-painting to remedy typical defects that often occur with Dryvit Stucco EIFS (Exterior Insulation Finish 5 System); and 4)Replacement of old and failing outdated(expired, end of life)Exit-Lights throughout the County Courthouse, another improvement project that addresses life/safety concerns. 30. Proposed amendments to the two existing courthouse improvement projects are aimed at modifying the source of funding; increasing total costs projected, and adjusts the time frame for expenditure of dedicated funds. The start date for the courthouse building envelope project (Item No. 3),was originally planned in 2014,but Facilities Management reassessed timelines for completion of this project and it was determined that the evaluation and engineering work on this project would need to start sooner(2013)with the bulk of the actual repair and costs still scheduled for 2015. 31. Because the completion of a new courtroom and new judicial hearing room(Item No. 5) needed to coincide with the arrival of a new superior court judge(as early as January 2015), this meant that design and engineering tasks associated with this project originally planned for 2014 would have to be moved up 2013,with the bulk of the actual improvements made in 2014. 32. In part,the purpose of these amendments is to ensure that the source of funding for these capital improvement projects,proposed to be utilized in 2013 &2014, is identified in the Six- Year Capital Facilities Plan. Real Estate Excise Tax(REET)monies are proposed in part to fund these projects, and in accordance with state law,REET monies may only be utilized for project funding when identified in the County Six-Year CIP [RCW 82.46.010 &RCW 82.46.035]. 33. Pursuant to the Growth Management Act(GMA), amendments to the County's Comprehensive Plan may be considered no more frequently than once per year(with certain exceptions); one such exception is when a Capital Facilities Plan is amended concurrently with the County budget [RCW 36.70A.130(2)(a)(iv)]. It is understood that Whatcom County Administrative Services Department,Finance Division will also be amending the County's 2013-2014 biennial budget concurrently with an amendment to the CIP. 34. The Planning Commission finds that information provided by Facilities Management demonstrate that changed conditions exist, which justify an amendment to the Comprehensive Plan. Public Interest 35. The goal of capital facility planning is to plan for parks, stormwater facilities, government buildings, correction facilities, transportation improvements and other facilities to serve the people of Whatcom County. 36. The proposed amendments to the CIP will modify existing projects that are designed to improve County Facilities,and add additional projects that are designed to maintain or enhance County facilities over the six-year period from 2013 to 2018. 37. As proposed the additional improvement projects, once completed, should improve facility performance and longevity, and address life/safety concerns in existing facilities. 38. The proposed improvement projects are planned in a way that is responsive to anticipated population growth and other factors, and therefore it is expected that the proposed amendments will complement the County's growth and development plans, and serve the public interest. 6 Spot Zoning 39. The subject proposal does not involve rezoning real property. CONCLUSIONS 1. The proposed amendments conform to applicable requirements of the Growth Management Act, are internally consistent with the Whatcom County Comprehensive Plan and its adopted County-Wide Planning Policies, and adopted Interlocal Agreements with the cities. 2. The proposed amendments satisfy the approval criteria of WCC 2.160.080. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Six-Year Capital Improvement Program for Whatcom County Facilities 2013- 2018 (Appendix F of the Whatcom County Comprehensive Plan) is hereby adopted as shown on Exhibit A. Section 3. Chapters 11 & 12 of the Whatcom County Six-Year Capital Improvement Program are hereby repealed as shown on Exhibit A. Section 4. Adjudication of invalidity of any of the sections, clauses, or provisions of this ordinance shall not affect or impair the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this day of , 2013. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown-Davis, Council Clerk Kathy Kershner, Chairperson APPROVED as to form: () Approved () Denied Civil Deputy Prosecutor Jack Louws, Executive Date: 7 File#PLN2013-00009 Amendments to Appendix F—Six-Year CIP 2013-2018—Intro—July 9, 2013 Exhibit A SIX-YEAR CAPITAL IMPROVEMENT PROGRAM FOR WHATCOM COUNTY FACILITIES 2013-2018 Amendments Whatcom County Comprehensive Plan F-1 File#PL.N2013-00009 Amendments to Appendix F—Six-Year CIP 2013-2018—Intro—July 9, 2013 Chapter 11 — Improvements to Existing Buildings Whatcom County plans to make the following improvements to existing buildings within the six-year planning period to maintain or enhance the function of these structures. IMPROVEMENTS TO EXISTING BUILDINGS, 2013-2018 Prolei;t Name 2013 2014 2010 2015 2017 2018 Total Funding Cost Sources 1. Civic Center Annex- 1,000,000 1,000,000 0 0 0 0 2,000,000 1,2, 3 and 5 Repair&retrofit, HVAC, engineering, lighting, and exterior repair 2. Upgrade jail and 1,400,000 1,000,000 0 0 0 0 2,400,000 1,3,4 and 5 juvenile controls and improve exiting 3. Courthouse-Exterior 100,000 300,000 1,000,000 0 0 0 1,400,000 1, 2 and 3 engineering evaluation and repairs 4. Courthouse- 0 250.000 0 0 0 0 250,000 1 and 3 window replacement 5. Courthouse-Full 200,000 1,000,000 0 0 0 0 1,200,000 3 and 7 suite courtroom and judicial hearing room 6.Reconfiguration of 0 0 120,000 0 800.000 0 920,000 2,3, and 6 Triage-Engineering evaluation and remodel 7. Reconfiguration of Old 0 0 0 120,000 800,000 0 920,000 4 Jail-Engineering and remodel 8.Northwest Annex- 0 0 120,000 800,000 0 0 920,000 2 and 3 Engineering and remodel 9.Whatcom County Buildings 50,000 50,000 0 1) 0 0 100,000 3 Interior Painting 10.Central Plaza Building 10,000 65,000 n 0 4 0 75,000 3 Engineering&Replacement 4 Gas-Packs, 11VAC 11.Courthouse 35,000 0 0 0 0 0 35,000 3 Exit Light Replacement 12. Central Plaza Building 10,000 40,000 0 ❑ 0 0 50,000 3 Exterior Building Envelope Repairs&Maintenance Total 2,805,007 3,705,000 1,240,000 920,000 1,600,000 0 10;270,000 Funding Source Key: 1.Grants;2. EDI funds;3. REET;4.Jail Fund;5 Bonds;6. Behavioral Health Fund;7 General Fund Note: Highlighted areas indicate proposed changes. Whatcom County Comprehensive Plan F-2 File#PLN2013-00009 Amendments to Appendix F–Six-Year CIP 2013-2018–Intro–July 9, 2013 P+ojed-Nan4€ ?0-1-3 20-14 2010 241-1-6 204 20.16 Total €#and}ag Gos1' Soul ee'6 1. Civic Center Annex 4000,000 47000,000 8 8 8 8 2,004900 1, 2, 3 and 5 Repair&retrofit, HVAC, engineeFifiglightingT 2. Upgrade jail and 1,404090 44)00,000 0 0 0 0 2,400, 00 1, 3,4 and 6 improve ng 3. Courthouce Exterior 0 4-807000 470007000 0 0 0 171-80T000 1 and 3 anEl-Fepeire �. Courthoucc 0 2 000 0 0 0 0 2607000 1 and 3 5. Courthouce Full 0 200,000 0 0 0 0 200,000 1 and 3 0 0 420,000 0 600,000 0 920,000 2,3,and 6 T-Fiage—ERgiReeFing- evaluation-and-remodel 0 0 0 4-207000 800,000 0 020,000 4 remodel 8 Northwoct Annex 8 0 420,000 800,000 0 0 020,000 2 and 3 Engineering and. odei Total 2,404000 2,634000 1,240,000 924000 176007000 0 8,790,000 Funding Source Key: 1.Grants;2. EDI funds;3. REET;4.Jail Fund;5 Bonds;6. Behavioral Health Fund Whatcom County Comprehensive Plan F-2 File#PLN2013-00009 Amendments to Appendix F—Six-Year CIP 2013-2018—Intro—July 9. 2013 Chapter 12— Costs by Project Category CAPITAL COSTS BY PROJECT CATEGORY, 2013-2018 Project 2013 2014 2015 2010 2017 2018 Cost Percent of Category (2013-2018) Total Cost Parks 100,000 400,000 730,000 430,000 530,000 280,000 2,470,000 1.76% Trails 1,500,000 155,000 1,140,000 1,125,000 1,125,000 1,175,000 6,220,000 4.43% Sheriffs Office New Jail 10,000,000 10,000,000 18,000,000 18,000,000 4,000,000 0 60,000,000 42.70% Transportation 18,906,000 11,205,000 4,470,000 4,552,000 4,552,000 4,551,000 48,236,000 34.33% Stormwater 1,400,000 1,525,000 650,000 920,000 600,000 1,200,000 6,295,000 4.48% Flood Protection 3,226,000 1,650,000 2,075,000 25,000 25,000 25,000 7,026,000 5.00% Existing Buildings 2,805,000 3,705,000 1,240,000 920,000 1,600,000 0 10,270,000 1.31`1, Total Cost 37,937,000 28,640,000 28,305,000 25,972,000 12,432,000 7,231,000 140,517,000 100.00% Note: Highlighted areas indicate proposed changes. f?rajfwf 2013 2014 2015 2016 2017 2018 Cost Percent-of- C+teunry (20434201$) Total-Best Park& 4004)00 4004100 730400 421;800 530,000 280,000 27470,000 1.78% Trail* 4400,000 465,000 474404/00 47425,000 471-25;000 4145;000 67220T000 4.17% 1-0,000,000 407000,000 18,000,000 4-870007000 47000,000 0 60,000,000 43.15% Transportation 4-87906,000 41,205,000 4470000 47552;000 4,5527000 4,5547009 48;2367000 34.60% Stormwater 1,100,000 44257/00 6507000 0207000 600,000 4,201;810 6,295,009 4.53% Reed-Rretestien 372267000 4450,000 2,075,000 25,000 257000 25,000 770264100 645% Existing-Buildings 274004)00 243eT800 4,240,000 0267990 4411;850 0 8,7007000 6.32% Total-best 37,5327000 27465,000 28,3057000 25,°-072000 12,432,000 7,231,000 43070377000 400.0044 Whatcom County Comprehensive Plan F-4