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HomeMy WebLinkAboutPacket May 24 2011WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011 — 188 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Weimer 5/17/2011 5/24/2011 Natural Resources Division Head: Dept. Head: , Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Overview and discussion of the American Alps Legacy Project ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO Requested Date: 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.) COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co.whatcom.wa.uslcouncil. WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011-189 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: - J f Z // FED-) p FED-) C E 11�% IE D V �C, MAY 17 2011 VUHATCOM COUNTY COUNCIL 5/Z4/ll Natural Resources Division Head: DISCUSSION DISCUSSION ITEM ONLY Dept Head: . � Prosecutor: Purchasin /Bud et: Executive.' -�� TITLE OF DOCUMENT. Update on Shellfish Protection Districts -Discussion Item Only ATTACHMENTS: None SEPA review required? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x) NO Requested Date: 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.) COMMITTEE ACTION. COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 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, 2011-190 WHA TCOM CO UNTY CO UNCIL A GENDA BILL NO. CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator:/II May 24, 2011 Finance, Council FCZDBS Paula J. Cooper 'I l D s Division Head: /�I Jon Hutchins i MAY 1:7 2011 Dept. Head: Frank M. Abort ((�'' ry� • HATCOM COUNTY Prosecutor. Dan Gibson COUNCIL Purchasin /Bud et: C 7 l/ Executive: TITLE OF DOCUMENT. Discussion Item on Jones Creek Bank Protection Project ATTACHMENTS: Memo to BOS and Plans for the Jones Creek Bank Protection Project SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x) NO SEPA review completed? ( ) Yes ( x ) NO Requested Date: S UMMA R Y S TA TEMENT 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.) Staff is seeking guidance From the Flood Control Zone District (FCZD) Board of Supervisors on the scope of work for the Jones Creek Bank Protection Project. COMMITTEE ACTION.• COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www. co. whatcom. wa. us/council. WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART DIRECTOR MEMORANDUM TO: The Honorable Members of the Whatcom County Flood Control Zone District Board of Supervisors THROUGH: Frank M. Abart, Public Works Director FROM: Paula J. Cooper, River and Flood Manager' Jon Hutchings, Assistant Director ;54k Ell ►yl� CC: Acme VanZandt Subzone Advisory Committee RE: Jones Creek Bank Protection Project Discussion Item DATE: May 11, 2011 RIVER AND FLOOD 322 N. Commercial Street, Suite 120 Bellingham, WA 98225-4042 Phone: (360) 676-6876, (360) 398-1310 www.whatcomcounty.us ■ Requested Action Public Works respectfully requests that the Flood Control Zone District (FCZD) Board of Supervisors provide guidance on the scope of work for the Jones Creek Bank Protection Project. ■ Background and Purpose The December 2010 and January 2011 high flows on Jones Creek resulted in channel incision, erosion of some of the high ground adjacent to the creek and destabilization of existing bank protection in the reach between the Turkington and Galbraith Road Bridges. The proposed project consists of the following: 1. Repair of existing riprap bank protection on the right and left bank immediately upstream of Turkington Road Bridge and installation of additional armoring along the eroding bankline to keep the creek alignment flowing under the bridge. 2. Installation of riprap bank protection along a 130-foot long section of eroding bank/stockpile berm on the right bank 500 feet upstream of the bridge. During the past winter approximately half of the stockpile berm was eroded, elevating the risk of overflows at that location. Additional erosion at this location could lower the elevation at which overflows occur, increasing the risk of flooding and sediment deposition on residential properties and Turkington Road. During their January meeting the FCZD Advisory Committee recommended approval of the project as proposed above at a 70/30 cost share. Their recommendation included requesting that the Roads Department participate in the 30% cost -share due to concerns of the Acme/VanZandt Subzone regarding project costs. Since then, Roads has agreed to pay half of the 30% cost -share. M Page 2 of 2 Subsequently, the Acme/VanZandt Subzone has indicated their lack of support for component No. 2 listed above. The FCZD Advisory Committee reconsidered the project scope at their April meeting after hearing input from the AcmeNanZandt Subzone Advisory Committee. The FCZD Advisory Committee did not revise their original recommendation. Staff is seeking guidance from the Board of Supervisors on whether to include this component in the overall scope of work, which is planned for construction this summer. ■ Funding Amount and Source The total project cost is estimated to be $50,000, of which approximately $7,000 is associated with the work proposed as component No. 2 above. The dollar amount for No. 2 is relatively small because salvage rock from a nearby property is proposed for use at this location. The AcmeNanZandt Subzone and Roads Department are each contributing 15% of the total project, or $7,500 each, so the total cost to the FCZD is reduced to $35,000. Please contact Paula Cooper at extension 50625, if you have any questions or concerns regarding the project. Encl. 5 El Q Z L O y � U N c w , (n � T 1 Q O N !Z � L W �= LJ c J Q _ b Q Ln Y O F c o p s o G G F O O LL�o -X O m Z 11 Z C3 E .6 o 41 CY- d �O ¢ m I o 1 7� � O G O � L U yo Q. O I 4-' o I c E O 1 m 3 y � L'CL I 4O y a o U �U Z o oC I $ j0 U jai 2 w V W a C O o U � O 4 rj 7 0 a M 0 v m n 3 _ 0 2 a) C w U ,c G Y C W J p c O O m Q U � k G Q w O I I ; WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2011-179 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: 05110111 Intro Originator: IO II IDCommittee; Division Head: 05124111 Finance u V �' MAY] 6.2011 Council Dept. Head: ,�} J "v k `ATCOM COUNT/ COUNCIL Prosecutor: 9,q]45`�1` 1 PurchasingBudg /YI!{+- Ae Executive: TITLE bF DOCUMENT. 2011 Supplemental Budget Request #5 ATTACHMENTS. Ordinance, Memoranda & Budget Modification Requests SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes (X ) NO Requested Date: S UMMAR Y STA TEMENT 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.) Supplemental #5 requests funding from the General Fund. 1. To appropriate $10,312 in Non Departmental to fund 2010 adjustment to What -Comm contract. 2. To appropriate $678,525 in Sheriff to fund equipment acquisitions from grant proceeds. 3. To appropriate $22,650 in Sheriff to fund additional Baker Lake patrols from grant proceeds. Stormwater Fund: 4. To appropriate $196,648 to partially fund Silver Beach Creek —Brownsville Drive to East I e Place project from grant proceeds. Jail Fund. 5. To appropriate $11,689 in Jail to adjust the Jail controls debt service budget. 6. To appropriate $58,500 to fund window security screening. 1997 Ltd Tax G.O. and Refunding Fund: 7. To remove budgeted $1,200,591 for refunded bonds fund 242. 1998 Ltd Tax G.O. Bond Fund: 8. To remove budgeted $256,683 for refunded bonds fund 243. 2010 Ltd Tax G.O. and Refunding Fund: 9. To appropriate $1,661,035 to fund budget for 2010 G.O. bonds. COMMITTEE ACTION. • COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: SPONSORED BY: Finance PROPOSED BY: Executive INTRODUCTION DATE: 5/10/11 ORDINANCE NO. AMENDMENT NO. 5 OF THE 2011 BUDGET WHEREAS, the 2011-2012 budget was adopted November 23, 2010; and, WHEREAS, changing circumstances require modifications to the approved 2011-2012 budget; and, WHEREAS, the modifications to the budget have been assembled here for deliberation by the Whatcom County Council. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the 2011- 2012 Whatcom County Budget Ordinance #2010-058 is hereby amended by adding the following additional amounts to the budgets included therein: Expenditures Revenues Net Effect General Fund Non Departmental 10,312 - 10,312 Sheriff 701,175 (701,175) - Total General Fund 711,487 (701,175) 10,312 Stormwater Fund 196,648 (196,648) - Jail 70,189 (46,493) 23,696 1997 Ltd Tax G.O. and Refunding Fund (1,200,591) 1,200,591 - 1998 Ltd Tax G.O. Bond Fund (256,583) 256,583 - 2010 Ltd Tax G.O. and Refunding Fund 1,661,035 (1,661,035) - Total Supplemental 1,182,185 (1,148,177) 34,008 ADOPTED this day of , 2011. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: Civil Deputy Prose or Sam Crawford, Chair of the Council ( ) Approved ( ) Denied Pete Kremen, County Executive Date: I:\BUDGET\SUPPLS\2011_Suppl\Supplementa1 #5-2011rev.doc WHATCOM COUNTY Summary of the 2011 Supplemental Budget Ordinance No. 5 Department/Fund Description Increased Expenditure Decrease (Increased) Revenue Net Effect to Fund Balance (Increase) Decrease General Fund Non Departmental To fund 2010 Adjustment to What -Comm contract. 10,312 - 10,312 Sheriff To fund PSIC grant equipment urchases. 678,525 678,525 - Sheriff To fund Additional Baker Lake patrols from grant proceeds. 22,650 (22,650) - Total General Fund 711,487 (701,175) 10,312 Stomnwater Fund To partially fund Silver Beach Creek - Brownsville Drive to East 16th Place project from grant proceeds - 196,648 (196,648) Jail Fund Jail To adjust the Jail controls debt service budget. 11,689 46,493 34,804 Jail To fund window security screening. 58,500 - 58,500 Total Jail Fund 70,189 (46,493) 23,696 1997 Ltd Tax G.O. and Refunding Fund To remove budget for refunded bonds fund 242. (1,200,591) 1,200,591 1998 Ltd Tax G.O. Bond Fund To remove budget for refunded bonds fund 243. (256,583) 256,583 2010 Ltd Tax G.O. and Refunding Fund To fund budget for 2010 G.O. bonds. 1,661,035 (1,661,035) Total Supplemental 1,182,185 (1,148,177) 34,008 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 �GOM c0 P y gSHiNG,�O MEMORANDUM TO: Whatcom County Council Members FROM: Dewey Desler, Deputy Administrator RE: Supplemental Budget Request — What -Comm DATE: April 25, 2011 Pete Kremen County Executive Dewey Desler Deputy Administrator Attached is a Supplemental Budget request for your consideration and approval. Background The County has in place an interlocal agreement between Whatcom County and the City of Bellingham to operate public safety communications with a 911 emergency telephone answering point. The agreement calls for the County to pay the City on a quarterly basis for the City's declared cost for operation of the Centers. County costs are projected during the City's annual budget process. User agencies, such as the County, are billed each quarter for their estimated proportional share of the yearly operating expense of the Centers. As described in Interlocal Agreement 20020600, previous year's final billing is adjusted during the first quarter of each year to balance any overpayments or underpayments. This supplemental, if approved, resolves the 2010 underpayment as follows: 2010 Proiected 2010 Actual 2011 Proiected What -Comm Expenses for Fire Districts $138,408. $151,930. $187,477. What -Comm Expenses for Sheriff $618,039. $614,828. $627,252. Underpayment for 2010 Fire Districts $13,522.00 Overpayment for 2010 Sheriff -$ 3,210.00 Total Underpayment $ 10,312.00 Funding Source General Fund. Please contact me if you have any questions. Thank you for your consideration. Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 734055 Supplemental Budget Request Status: Pending Non -Departmental Stipp,/ Fund 1 Cost Center 4250 Originator: Tawni Helms Expenditure Type: One -Time Year 1 2011 Add'i FTE ❑ Add'i Space ❑ Priority 1 Name of Request. What -Comm M., , , wo, W. M, Department plead Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($10,312) 7210 Intergov Prof Svcs $10,312 Request Total $0 1 a. Description of request. Operational costs for the 911 dispatch centers are projected during the budget process. Any underpayment or overpayment of estimated bills for the previous year will be adjusted during the first quarter of each year. This budget supplemental adjusts the cost of the 2010 underpayment. As previously describes previous year adjustments are authorized in interlocal agreement 200206001 in section C. 1 b. Primary customers: All Whatcom County citizens 2. Problem to be solved. Operational costs for the 911 dispatch centers are projected during the budget process. Any underpayment or overpayment of estimated bills for the previous year will be adjusted the first quarter of each year. This budget supplemental covers the cost of the 2010 underpayment adjustment. This allowance is described in interlocal agreement 200206001 in section C. 3a. Options /Advantages: Dispatch calls are anticipated and associated costs are projected. Exact figures are difficult to project. Adjustments are made in the first quarter based on actual costs. Costs can be adjusted up or down depending on actuals. 3b. Cost savings: n/a 4a. Outcomes: n/a 4b. Measures: 5a. Other Departments/Agencies: N/A 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: State enhanced 911 funds Tuesday, April 26, 2011 Rpl: Rpl Suppl Regular 11 Supplemental Budget Request Status: Pending Sheriff Operations Supp'l 1D # 1189 1 Fund 1 Cost Center 2957 Originator: Art Edge Expenditure Type: One -Time Year 1 2011 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. PSIC Grant I X Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4333.1155 Federal Grants - Indirect ($678,525) 7410 Equipment -Capital Outlay $678,525 Request Total $0 la. Description of request. Whatcom County Sheriffs Office is currently involved in a interoperability communications project that is federally funded through a grant that Clallam County originally applied for in behalf of regions 1 and 2 in 2007. The grant was awarded in 2008. Region 1 consists of Whatcom, Skagit, Island, San Juan, and Snohomish counties. Region 2 consists of Clallam and other Olympic peninsula counties. The original grant amount was approximately $7.4 million. Wash. St. procured two+ million for their projects and left the remainder for both region 1 and 2. Of that award, Whatcom County is expected to receive a cash award of approximately $450,000 and has already received an additional $228,525 worth of equipment purchased on its behalf by Clallam County. The federal grant originated from the Dept. of Homeland Security, administered by the Wash. St. Military Dept. and passed through to Clallam County. The purpose of the grant is to enhance or create communications interoperability among the various public safety agencies in both regions. Clallam county had been purchasing capital equipment on behalf of Whatcom county for two and a half years. Recently Whatcom was notified that the remainder of the project assets would fall on the county to procure due to personnel changes in Clallam. Whatcom will be procuring capital equipment to complete the Sheriffs Office cross -band repeater project. 1b. Primary customers: Public safety agencies are the primary customers. Due to the nature and ability of the three cross -bands repeaters, agencies with disparate radio systems could communicate with each other. All public safety agencies within Whatcom county will be able to utilize these assets in times of disaster or other emergencies that require cross communications. Out of county agencies could use this resource as well. 2. Problem to be solved. Whatcom County lacks the infrastructure to support efficient interoperable public safety communications. Due to the unique terrain issues, frequency vetting problems with Canada under FCC's Line A rules, Whatcom has had great difficulty in enhancing radio systems. The cross band repeaters, that are equipped to handle UHF, VHF, and 800 frequencies, will allow the greater part of public safety entities to communicate with each other. The project also fostered a cooperative relationship with federal agencies along the northern border as they have allowed the County to erect two of the repeaters on federally owned property with no obligation or cost. WSP has allowed the cross band repeaters on their Sumas tower to ride a microwave transmission to a fiber connection without cost. This project is a true partnership with other public safety agencies. It is much needed and lays the infrastructure for future build out to digital systems while retaining our present analogue radio system. 3a. Options /Advantages: There are other options that are much more costly. This project is federally funded so costs are kept to a minimum. Monday, May 16, 2011 Rpt: Apt Suppl Regular 12 Supplemental Budget Request Status: Pending Sheriff Operations Supo o # 11897, Fund 1 Cost Center 2957 Originator: Art Edge 3b. Cost savings: The county could fund the build -out of the present public safety radio system as recommended by the WhatComm funded consultant radio design study. That system is estimated to cost 12 million. Ideally the County radio system should be a simulcast radio system. This requires costly upgrades. The cross band repeaters are an integral piece of that design plan and therefore would already be in service when any future build out of the radio system occurs under this design study. The cross bands are merely a stop gap at this point that can enhance the current radio system. 4a. Outcomes: This project is slated to be complete by August 31 of this year. As stated before, the outcome will be enhanced radio interoperability among public safety agencies in Whatcom county. 4b. Measures: Public safety agencies will be able to communicate with one another when they were not able to do so in the past. 5a. Other Departments/Agencies: All other public safety agencies will be impacted as they will be able to utilize these repeaters in times of emergencies. All LE, Fire, DEM, and Federal agencies would be impacted. Federal authorities could access these repeaters if their communications channel is patched to our system via dispatch or a remotely dispatched communications van. 5b. Name the person in charge of implementation and what they are responsible for: Whatcom county is the lead for this project. No other entities are involved in the implementation of this project. 6. Funding Source: Federal Grant through Dept of Homeland Security administered by Wash. St. Military Dept. and passed through to Clallam and then to Whatcom County. Grant funding authority Agreement # 2007-GS-H7-0003, CFDA# 11.555 PSIC Monday, May 16, 2011 Rpt: Rpt Supp[ Regular 13 WHATCOM COUNTY SHERIFF'S OFFICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 April 25, 2011 To: Pete Kremen, County Execut'p From: Bill Elfo, Sheriff RE: Forest Service Agreem 11-LE-11060500-018 Supplemental # 1177 JEFF PARKS UNDERSHERIFF ART EDGE CHIEF DEPUTY DOUG CHADWICK CHIEF DEPUTY STEVE COOLEY CHIEF INSPECTOR WENDY JOIVES CHIEF OF CORRECTIONS APR 2 5 2011 PETE KREMEN COUNTY EXECUTIVE The attached supplemental budget request seeks appropriation of expenditure authority for funds received from the US Forest Service in support of extra patrols in the Baker Lake Recreational Area and to purchase necessary equipment in support of the Forest Patrol Deputy position. The equipment consists of one "patrol rifle" (AR-15 type). Deputies are not required to obtain, nor are they supplied by Whatcom County, agency -issued patrol rifles for general patrol duties. Unless assigned to the Special Response Team (SRT), deputies acquire their own rifle (according to agency specifications) with personal funds. The Forest Service has agreed to provide a rifle for this assignment. Deputies often patrol remote areas alone and routinely encounter subjects armed with rifles or shotguns. The provision of a rifle to this position is a basic officer safety requirement. Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Aic Safety. Supplemental Budget Request Sheriff Operations Supp'l 1D # 1177 ! Fund 1 Cost Center 2993 Originator: Marvette Gwinner Expenditure Type: One -Time Year 1 2011 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Baker Lakes Patrols I.\ Costs: Head Signature (Required on Hard Copy Submission) I/ Date Object Object Description Amount Requested 4338.2100 OT Reimbursement ($22,650) 6140 Overtime $18,596 6210 Retirement $974 6230 Social Security $1,422 6259 Worker's Comp-Interfund $365 6269 Unemployment-Interfund $93 6510 Tools & Equip $1,200 Request Total _ _ $0 la. Description of request: To provide extra patrols and equipment for the Forest Patrol Deputy, in the Baker Lake Recreation area. These patrols shall be scheduled and performed as requested by the Forest Service. The equipment consists of one patrol rifle as specified and agreed between Whatcom County and the US Forest Service. 1 b. Primary customers: Citizens of Whatcom County. 2. Problem to be solved: Additional staffing hours and patrols in a remote recreation area not normally patrolled unless provided by Cooperative Agreement. Provides necessary officer safety equipment for the Forest Patrol position. 3a. Options / Advantages: N/A 3b. Cost savings: Whatcom County will benefit form increased LE presence in remote areas of the county with no support required from the General Fund. 4a. Outcomes: Scheduled extra and regular patrols to be performed in accordance with existing contract with the USFS. 4b. Measures: Scheduled patrols completeld. 5a. Other Departments/Agencies: None 5b. Name the person in charge of implementation and what they are responsible for.• 6. Funding Source: US Forest Service Monday, April 25, 2011 Rpt: Rpt Suppl Regular 15 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM STORMWATER 322 N. Commercial Street, Suite 301 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 ww.whatcomcoun .us ECw APR 26 2011 PETE KREMEN COUNTY EXECUTIVE TO: The Honorable Pete Kremen, Whatcom County Executive, and Honorable Members of the Whatcom County Council THROUGH: Frank M. Abart, Public Works Director FROM: Jon Hutchings, Ph.D., Assistant Director Kirk N. Christensen, P.E., Stormwater ManagerN� cc: Brad Bennett, Manager, AS -Finance Peggy Leviton, Accounting Supervisor, Public Works -Administration DATE: April 25, 2011 RE: 2011 Budget Supplemental Request Please find enclosed a supplemental budget request from Public Works-Stormwater to assist with construction of capital improvement projects in the Lake Whatcom Comprehensive Stormwater Plan, namely Silver Beach Creek Improvements from Brownsville Drive to East 161h Place. Project elements include constructing a vegetated swale, installing stormwater vaults, raising and widening the channel, and stabilizing slopes. These irnprovements will treat stormwater, promote infiltration, slow velocity to reduce erosion and sediment transport, stabilize banks to reduce scour, and alleviate flooding. The lowest responsible bid for construction was $928,771.41. We had a budget of $750,000 for this project, however the original project scope was expanded to complete additional work. This request would fund the difference of $178,771 along with a 10% contingency of $17,877 for a total request of $196,648 from an existing federal stormwater grant. Please contact Kirk at extension 50209 if you have any questions regarding these requests. Enclosure 16 Supplemental Budget Request Status: Pending Public Works - Stormwater Supp9 ID # 1183 Fund 123 Cost Center 123201 Expenditure Type: One -Time Year 1 2011 Originator. Remy McConnell Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Silver Beach Creek Brownsville-E16th Place Department Head Signature (Required -on Hard Copy Submission) Date Costs: Object 4333.2026 7380 Request Total 1a. Description of request: Object Description Federal Aid Other Other Improvements Amount Requested ($196,648) $196,648 $0 Additional construction funds are needed for a capital improvement project in the Silver Beach Creek area for improvements from -Bros East 16th Place. Construction budget for this project was originally approved at $750,000, however the scope was expanded to include additional work. The lowest responsi rjecelve Wa _ is request represents the shortfall and a 10% contingency. 1 b. Priman,/ c stnmer Silver Beach Creek residents; users of Lake Whatcom for recreational, commercial, and residential activities. 2. Problem to be solved: Lake Whatcom is on Washington State's listing of impaired water bodies. Stormwater drainage into Silver Beach Creek has a long record of high phosphorous and fecal coliform bacteria measurements. This project will improve water quality and reduce flooding in the reach of Silver Beach Creek that drains into Lake Whatcom from Brownsville Drive to East 16th Place. Project elements include constructing a vegetated swale, installing stormwater vaults, raising and widening the channel, and stabilizing slopes. These improvements will treat stormwater, promote infiltration, slow velocity to reduce erosion and sediment transport, stabilize banks to reduce scour, and alleviate flooding. 3a. Options / Advantages: Moving forward with this request for additional funding is the best option as we head into the watershed window in the next month since further delays could increase construction costs. All responsible bids received reflect the costs in the current economic climate. 3b. Cost savings: 4a. Outcomes: Completion of the project by Fall 2011. 4b. Measures: Substantial completion of project within the watershed window. Final completion before year-end. 5a. Other Departments/Agencies: Whatcom County Health, Whatcom County Planning and Development Services, Washington State Dept. of Ecology, Lake Whatcom Water & Sewer District 5b. Name the person in charge of implementation and what they are responsible for: Monday, April 25, 2011 Rpt: Rpt Suppl Regular 17 Supplemental Budget Request Sial"s. Pending Public Works Stormwater ILSHPE9 -R-#-1183 Fund 123 Cost Center 123201 Originator: Remy McConnell 6. Funding Source: The balance of $196,648 for this construction project will be reimbursed by an EPA grant. Monday, April 25, 2011 Rpt. Rpt Suppl Regular 18 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 'J,o m CO - MEMORANDUM TO: Whatcom County Council Members FROM: Dewey Desler, Deputy Adrninistrato 11-� RE: Supplemental Budget Request — Jail Controls Debt Service Budget DATE: April 25, 2011 Pete Kremen County Executive Dewey Desler Deputy Administrator Attached is a Supplemental Budget request for your consideration and approval. Background "Fhe County issued new General Obligation Debt in 2010. A portion of this new debt issue refinanced the outstanding bonds from two old bond issues at lower interest rates. $3,000,000. of this issue was new debt to replace the controls in the jail and juvenile detention facility. These supplemental budget requests adjust the 2011 budget to reflect the debt service budget. Fundina Source REET I Fund, the Administrative Services Fund and the Jail Fund. Please contact me if you have any questions. Thank you for your consideration. /Encl. Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 731-@555 Supplemental Budget Request Srarus: Pending Administrative Services Finance SuppI lD # 1181 1 Fund 118 Cost Center 118115 Originator. Brad Bennett Expenditure Type: One -Time Year 1 2011 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Jail Controls Debt Service Adjustment X Department He Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance $34,804 4332.2120 ARRA Subsidy Payments ($46,493) 8351.245 Operating Transfer Out $11,689 Request Total $0 la. Description of request: This supplemental budget adjusts the debt service budget in the Jail Fund to reflect actual debt service costs and it recognizes the interest rate subsidy that will be received from the Federal Government. 1b. Primary customers: 2. Problem to be solved: 3a. Options /Advantages: 3b. Cost savings: 4a. Outcomes: 4b. Measures: 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Thursday, April 28, 2011 Rpl: Rpt Suppl Regular 20 Supplemental Budget Request status: Pending Jail Supp r ID # i 188 I Fund 118 Cost Center 118000 Originator Wendy Jones Expenditure Type: One -Time Year 1 2011 Add'I FTE Add'I Space Priority 1 Name of Request. Window security screening X Department Head Signature (Required on Hand Copy Submission) Date Object Object Description Amount Requested 2910.1000 Fund Balance ($58,500) 7380 Other Improvements $58,500 Request Total $0 la. Description of request: This Supplemental Budget Request is to install security screening over the windows in the main jail facility. The metal screening is security grade, and will be installed onto the exterior of the building to eliminate the opportunity for the offenders to tamper with the hardware attaching the screening to the window. It will provide an additional barrier to the outside. 1b. Primary customers: Offenders and staff at the Whatcom County Main Jail Facility. 2. Problem to be solved: We have been having an increasing problem with offenders breaking the exterior windows in the housing areas of the jail, enabeling them to bring contraband into the facility. To date, the contraband has been drugs and tobacco, however, in at least 2 of the instances, the holes made were large enough to allow weapons to be smuggled into the jail. We have had 6 instances of broken windows since 2006; however the number of these instances has increased significantly over the past year, with 3 windows being broken out in the past 9 months. The age of the windows, coupled with the lack of a security perimeter around the jail, and the minimum staffing levels under which the jail is operating, creates a significant security concern. We have instituted changes in internal institutional practices to increase Deputy presence within the housing units, however, with a ratio of 1 deputy to 128 offenders on second floor, there is a limit to how much time the Floor Deputy can spend in each area. Due to the age of the facility, offenders are routinely able to use items they remove from their cells, such as screws and light switch plates, to fashion tools to break the windows. The installation of a metal security screen to the exterior of each window would significantly reduce the possibility of getting contraband into the jail, even if the window was broken. 3a. Options / Advantages: We researched 2 other options; leaving the situation as it is now, and the replacement of each of the housing unit windows with polycarbonate, a substance that is virtually unbreakable and is commonly used in security areas that need bullet resistant, clear, material. Option 1 was rejected due to the very real probability an offender could smuggle a weapon into the facility and use it to threaten or injure a staff member or an inmate. Additionally, the amount of overtime that is expended each time we discover a broken window and have to shakedown the entire jail is significant, and would be a reoccurring expense throughout the year, now that the offender population has learned how to break the glass. Monday, May 16, 2011 Rpt: RptsupplRegular 21 Supplemental Budget Request Status: Pending Jail supp'l 1D# 1188 Fund 118 Cost Center 118000 Originator Wendy Jones Option 2 was rejected as being too expensive. Polycarbonate windows would run approximately $1,800 per window just for materials (total est. cost for materials only is $216,000), with the additional costs of removing all the current windows (approx. 125 windows) and installing the new ones. 3b. Cost savings: With option 1, the savings will be in overtime costs due to additional, emergency shakedowns, estimated at $5,000 per year. The larger savings would be the liability that would occur should a weapon be smuggled into the jail through a window, and used on either staff or inmates or the probability that drugs are smuggled in, creating the potential for either an overdose or for fights/assaults breaking out to obtain some of the drugs. As the County is aware this is an issue, it is very probable that should injury or death occur due to a weapon or drugs, the County would be found liable. The dollar amount would depend on who was hurt and to what extent, but could potentially be in the hundreds of thousands, if not millions, of dollars. While the County is insured through the risk pool, the County's portion of any judgment could be significant. Compared to option 2, the savings is estimated to be between $157,000 and $200,000. 4a. Outcomes: 1) Bid packets prepared and issued by mid -June, 2011 2) Bids back and contract negotiated by July 31, 2011 3) Screening installed by August 31, 2011 4) Significant reduction in broken windows as soon as the screening is installed. 4b. Measures: Items 1-3 will be monitored by ADS -Facilities and ADS -Finance, and by the Chief Corrections Deputy on behalf of Sheriff Elfo. Item 4 will be monitored by Chief Jones by reviewing incident reports on a weekly basis, and via an existing standing order that she is to be immediately notified of any significant incidents in the jail facilities. 5a. Other Departments/Agencies: ADS -Facilities and ADS -Finance. Finance will be involved with the creation of the RFP's and supervising the bid results and contract negotiations. Facilities will be impacted by creating job specifications, writing the RFP and contract, and supervising the actual work. 5b. Name the person in charge of implementation and what they are responsible for: Mike Russell, Facilities manager, will be responsible for the job specifications, bid award, contract negotiations and supervising and signing off on the actual project. Chris Mohnkern, Finance- Purchasing, will be working with Mike to develop the RPF's and then oversee the bid process. 6. Funding Source: Jail Sales Tax fund. Monday, May 16, 2011 Rpt Rpt Suppl Regular 22 Supplemental Budget Request stags: Pending Administrative Services Finance Supp'I 1D # 1179 ! Fund 242 Cost Center 242000 Originator. Brad Bennett Expenditure Type: One -Time Year 1 2011 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. Remove Budget for Refunded Bonds Fund 242 X� Departmenthead Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 7510 G.O. Bond Principal ($1,160,000) 7730 Interest -Long Term Debt ($39,688) 7790 Other Debt Service Costs ($903) 8301.326 Operating Transfer In $1,200,591 Request Total $0 1 a. Description of request: This request removes the budget in fund 242 for debt service which is no longer needed These bonds were refunded with a 2010 LTGO bond issue. 1b. Primary customers: 2. Problem to be solved: 3a. Options /Advantages: 3b. Cost savings: 4a. Outcomes: 4b. Measures: 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Tuesday, April 26, 2011 Rpt.• Rpt Suppl Regular 23 Supplemental Budget Request Status: Pending Administrative Services Finance Supp l ro # 118o Fund 243 Cost Center 243000 Originator. Brad Bennett Expenditure Type: One -Time Year 1 2011 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. Remove Budget for Refunded Bonds Fund 243. X Dep rtmen Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 7510 G.O. Bond Principal ($180,000) 7730 Interest -Long Term Debt ($75,680) 7790 Other Debt Service Costs ($903) 8301.50728 Operating Transfer In $256,583 Request Total $0 1a. Description of request: -this request removes the budget in fund 243 for debt service which is no longer needed These bonds were refunded with a 2010 LTGO bond issue. 1b. Primary customers: 2. Problem to be solved: 3a. Options / Advantages: 3b. Cost savings: 4a. Outcomes: 4b. Measures: 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Tuesday, April26, 2011 Rpt: Rpt Suppl Regular 'n Supplemental Budget Request Siarus: Pending Administrative Services Finance Supp'11D # i 184 Fund 245 Cost Center 245000 Originator. Brad Bennett Expenditure Type. One -Time Year 1 2011 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Budget for 2010 G.O. Bonds X Department qead Signature (Required on Hard Copy Submission) Date C. Costs: Object Object Description Amount Requested 7510 G.O. Bond Principal $1,460,000 7730 Interest -Long Term Debt $200,105 7790 Other Debt Service Costs $930 8301.326 Operating Transfer In ($1,191,180) 8301,118 Operating Transfer In ($242,317) 8301.50728 Operating Transfer In ($227,538) Request Total $0 1 a. Description of request. The County issued new General Obilgation Debt in 2010. A portion of this new debt issue refinanced the outstanding bonds from two old bond issues at lower interest rates. $3,000,000 of the issue was new debt to replace the controls in the Jail and Juvenile detention facility. This is the budget necessary for 2011 debt service. 1b. Primary customers: 2. Problem to be solved: 3a. Options / Advantages: 3b. Cost savings: 4a. Outcomes: 4b. Measures: 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: -rhe funding sources are the REET I Fund, the Administrative Services Fund and the Jail Fund. Tuesday, April 26, 2011 Rpt: Rot Suppl Regular 25 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011-191 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator.' PjG 0510912011 W R E E V E D MAY. 1..7 2011 5124111 Finance/Council Division Head: Dept Head: 5j3.j1 WHATCOM COUNTY COUNCIL Prosecutor. - S (2-1 Bb 5112111 Purchasing/Budg Executive: TITLE DOCUMENT: Birch Bay Watershed Action Plan Consultant Contract Amendment ATTACHMENTS: (1) Memo to County Administration (2) Contract for Services Agreement SEPA review required? ( ) yes ( x ) No Should Clerk schedule a hearing ? ( ) yes (x ) SEPA review completed? ( ) Yes ( x ) No No Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Approval of Contract with ESA Adolfson and Sub -contractors to amend original Scope of Work. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number. 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. 26 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 360-738-2525 Fax C1 , CG 9SHINGC MEMORANDUM TO: Pete Kremen, County Executive THROUGH: Sam Ryan, Director FROM: Peter Gill, Senior Planner9lb RE: ESA Contract Amendment DATE: May 9, 2011 J.E. "Sam" Ryan Director MAY 13 2011 Pr E KREMEN COUNTY EXECUTIVE Enclosed are two (2) originals of the contract amendment #3, to Whatcom County contract #200903019, between ESA Adolfson and Whatcom County for your review and signature. ■ Background and Purpose Grant funding was secured in 2008 to implement watershed based land use management program within the Birch Bay Watershed. Implementation tools include an incentive based, low impact development program and a critical area buffer mitigation program aimed at providing landowners options when developing lands. ESA Adolfson, Inc. and sub -consultants were selected through a Request for Proposal and an interview in February 2009. ■ Funding Amount and Source This is an addition of $19,872.00. Contract will be paid through an existing grant (WC contract #200810007), and is budgeted in the Planning and Development Services fund #2584. ■ Differences from previous contract This amendment adds work to the contract that includes a stormwater calculator intended to assist homeowners in sizing stormwater facilities. Changes also add meetings for consultants to provide technical information to decision makers and the general public. Please contact Peter Gill at extension 50263, if you have any questions or concerns regarding the terms of this agreement. 27 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. 1�oocio3o19-3 Originating Department: Planning and Develoment Services Contract Administrator.- Peter Gill Contractor's /Agency Name: ESA Adolfson Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes _ No x Yes x No _ If yes, previous number(s): 200903019-2 Is this a grant agreement? Yes _ No x_ If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes x No _ If yes, associated Whatcom County grant contract number(s) 200810007 Is this contract the result of a RFP or Bid process? Yes x No _ If yes, RFP and Bid number(s) 08-109 Contract Amount: (sum of orig contract If a Professional Services Agreement is more than $15, 000 or a Bid is amt and any prior amendments) more than $35, 000, please submit an Agenda Bill for Council $237, 606.00 approval and a supporting memo. Any amendment that provides This Amendment Amount: either a 10 % increase in amount or more than $10, 000, whichever is $19,872.00 greater, must also go to Council and will need an agenda bill and Total Amended Amount: supporting memo. If less than these thresholds, just submit to $257, 478.00 Executive with supporting memo for approval. Scope of Services This amendment amends the original contract to provide additional public outreach, additional engineering support, and review of implementation program with PDS staff. Term of Contract: Expiration Date: December 31, 2011 Contract Routinq Steps & Signoff.- (sign or initiall [indicate date transmittedl 1. Prepared by. bb Date 519111 [electronic] 2. Attorney reviewed: RB 197 Date 519111 [electronic] 3. AS Finance reviewed: bbennett Date 5112111 [electronic] 4. IT reviewed if IT related: Date [electronic] 5. Corrections made : , Date [electronic] hard copy printed 6. Attorney signoff.- Date 7. Contractor signed: Date 8. Submitted to Exec Office: Date Va (summary via electronic; hardcopies] 9. Reviewed by DCA: Date 10. Council approved (if necessary) Date 11. Executive signed. Date 12. Contractor Original: Date 13. Returned to dept. Date 14. County Original to Council: Date Whatcom County Contract No. a2009o36/'F-3 Amendment No. 3 Whatcom County Contract No. 200903019 CONTRACT BETWEEN WHATCOM COUNTY AND ESA ADOLFSON THIS AMENDMENT is to the Contract between Whatcom County and ESA Adolfson, dated April 1, 2009 and designated "Whatcom County Contract No. 200903019". In consideration of the mutual benefits to be derived, the parties agree to the following: This amendment increases the maximum consideration by $19,872 to a total consideration of $ 257,478.00, as described in Exhibit B-2. This Amendment also adds new tasks to the Scope of Work, as described in Exhibit A-2: Unless specifically amended by this agreement, all other terms and conditions of the original contract shall remain in full force and effect. This Amendment takes effect on the date of signature. IN WITNESS WHEREOF, Whatcom County and L54 have executed this Amendment on the date and year below written. DATED this 1z�k day of QZ1 , 2011. CONTRACTOR: CONTRACTOR SA AdolfsdK /111 STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) On this Q day of Inq 20_L_, before me personally appeared MaWgrtf-C�ai,-u to me known to be the �«�� of �$ andwhoexecuted the above instrument and who acknowledged to me the act of signing and sealing thereof. ITOTARY PUBLIC in and for Me State of Washington, residing at Notary PlubllC tAq ciouMI-C My commission expires Apr, 1 17, aga- State of Washington SOSAN MELINDA SJORK MyAppoNftMent Expires Apr 17, 2012 29 WHATCOM COUNTY: Approved as to form: Prosd"'utir'A or en y Date Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) SS COUNTY OF WHATCOM ) On this day of , 2011, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. CONTRACTOR INFORMATION: ESA Adolfson 5309 Shilshole Ave. NW, Suite 200 Seattle, WA 98107 Contact Name: Margaret E. Clancy, PWS Contact Phone: (206)789-9658 Contact FAX: (206)789-9684 Contact Email: mclancy@esassoc.com NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires 30 Exhibit A-2 Birch Bay Watershed Action Plan Amendments to Scope of Work Task 6: Meetings ESA will host one (1) project team meeting in Seattle and attend up to three (3) Whatcom Planning Commission and/or County Council meetings in Bellingham, in support of the continued development and County ad -option of the LID Manual, Mitigation Plan, and related Whatcom County Code (WCC) revisions. Assumption • Each meeting will last approximately 4 hours_ Task 7: LID Manual ESA will provide continuing support for the development of the LID Manual and associated materials. Tll.ls task has several components: a. Revise stormwater calculator tool (Excel spreadsheet), per County comments-, b_ Revise the LID Manual, per County and public comments: and c. Provide graphics support for the Final manual. Assumptions • The stormwater calculator will undergo no more than two (2) rounds of revisions, per comments by County staff. • The LID Manual will undergo no more than two (2) rounds of revisions. This taskis limited to revising the exlstil g draft manual; major charges or additions to content are not anticipated. • Graphics support will be limited to revising existing grapliics in the LID Manual and formatting the final electronic document for production. This task does not include production of paper copies. Deliverable • Electronic copy of final LID Manual and stoimwater calculator spreadsheet. Task 8: Code Assistance ESA will assist in the development of WCC code language for the adoption of the Birch Bav Action Plan. This includes providing levier comments on the draft code sections (provided by Whatcom County), and ongoing technical assistance. Deliverable • Memo assessing potential implementation issues that need to be addressed prior to County Council review (public document). • The cost estimate as iuines 12 hrs of technical assistance. 31 a)o 4-J Q L L!1 0 a r (6 3: Q C O U � C (n C E " 4r Ln L c Q X C a)Ln Q cn O N O p U U Q cn Q m M m O Vw 4-J � � Q U Z3 O a--+ C O cn cv U L a--+ U 4 r Q .2 0) 4-' 41 0-0 .— 4-J cn (6 O U � U C 0-) C Q E L Q M -0 p _0 O C > a••r > OL p — C -0 � -J a--+ C Q -0IV .� C Q -J a).N p U Q E -0 L>= O C U) L- (n Q Q -0 4Q+ C =_ Ln a a + L_ a cn O p� L m L Ln .V Lrj C . O L a••+ p O -O 4- 0) U 0 .O a-•+ > L 0- i n CO 4-1 O O O C= Q C O C O-0 cn U Q X E Q mC �fl O-C Q Q O Q O' L 0 0_0 Q Q L U) p �O O U +� 0 4- Q Q C C O 4L1 Q) Q) Q Q) X N pNQCECE 41 Q-0 cn ' O u Q p L QQ 4-+ o m ca 41 +� = � u .fl can -0 can -0 m Xa Lli �_ oU En Q can O Q > 1J p 4-) C fu I� Q a••r C U X L �1—X0-��E Q a=' O- cn O O E L �_0 L U Q Q -p C •U (O Q O Q Q a r QQO�EU)+,uEU a--F O ) 0-En-0 cn 7 (n +r o C Q C L O Q O c M� Q E O U Q C O fl p a-' Z C (a Q (O 41 cn Q Q m _Y U U O 3: (n , O 4- cn O U L C O U> Q ate+ L Q-0 Q O O Q O p Q U-0-0 m Q (n L 'Q a ' C L Q 04O Q Q m O O C C 4- L Q D-r 1 4-1 a a•-r L L 4-1 —4-J p U U LE-- U Q(n� (Q E L fl p C (n L a--+ ( Q_0 Q L_ o0Q�o�EnEU2 � p p p p- W -C O •&i w L ru C Q E C Q Q cn Q-0 Q 0-04-JQE(nQ�(aQ (nO0XLOcn-Oc'E E Q U Q m O p-0 7 U in >, M Q a--+ O Q ,'"41Ea'�Ca'cv C: _0 a••r .— Q U Q Q a--F kni tni I OF 0: �';t:]i ��;�i �Q�7 fV cr i i i 1 I i i i i i I I i ri iCN:0 i�i iri i 1 I i i I i 1 i 01;O i i tea, iTJ Ca Ca i 1 F ! ! �E �• i i - i i I r i 1 i i I t Lp i i i 1 i 1 i i I t i 1 i i i i i i i i i i i i i fR I I 1 i i f ! ! i ! ! ! i i i i i i L3. ! ! ! ! ! ! Cj i [€[[ co C5 1 i i i i i i r~1co i i 1 i i ii 21 'Ai E I icti E i i i '•L r, d ail i IM1 [ t96 i i tti i i"'• i � E i'°' i i C WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011-192 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: f� May 24, 2011 Finance/Council Originator: AC/ ✓ �/ ��( Paula Cooper t /// l I1��U1 [ � V E Division Head: Jon Hutchings MAY 17 2011 Dept. Head: / Frank M. Abart WHATCOM COUNTY Prosecutor: Q� la II COUNCIL Dan Gibson Purchasin udg {�,% 51310 —/7 // Executive: l TITLE O DOCUMENT.• Contract for Services —Agreement with Linsley, Kraeger Associates, Ltd. ATTACHMENTS. 1. Memo from Frank M. Abart 2. Professional Services Agreement with Linsley, Kraeger Associates, Ltd. SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes (X) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT 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 professional services agreement provides for the preparation of a technical report documenting the recent calibration and refinement work to the FEQ hydraulic model. In addition, this agreementprovides for ongoing technical assistance to County Staff as needed. COMMITTEE ACTION: COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wauslcouncil. 33 WHATCOM COUNTY PUBLIC WORKS DEPT. 322 N. Commercial Street, Suite 120 Bellingham, WA 98225-4042 GUM CO �SN�NG MEMORANDUM Frank M. Abart Director MAY 13 2011 PE TE KREMEN COUNTY EXECUTIVE TO: The Honorable Members of the Whatcom County Flood Control Zone District Board of Supervisors THROUGH: Frank M. Abart, Publics Work Director FROM: Paula J. Cooper, P.E., River & Flood Manager Jon Hutchings, Assistant Public Works Directorrl►� J�1 RE: Professional Services Agreement with Linsley, Kraeger Associates, Ltd. Hydraulic Model Documentation and Technical Assistance DATE: May 10th, 2011 Enclosed are two (2) originals of the Professional Services Agreement between Linsley, Kraeger Associates, Ltd. (LKA) and Whatcom County for your review and signature. ■ Background and Purpose In accordance with the Lower Nooksack River Comprehensive Flood Hazard Management Plan (CFHMP), a detailed unsteady flow hydraulic model has been developed for the lower Nooksack River from Deming to Bellingham Bay including the Everson7Sumas overflow corridor. The model was recently updated using 2006 bathymetric survey and LIDAR data so that the model better represents current channel and floodplain geometry. Under a previous contract, LKA recently completed calibrating this updated FEQ model to a number of flood events including the October 2003, November 2004, November 2006, and January 2009 flood events. This calibration process led to a number of refinements and improvements to the model, producing a more robust tool to be used in the ongoing Whatcom County Floodplain Mapping Project and in analyzing alternatives identified in the CFHIVIP. This professional services agreement provides for the preparation of the technical report that documents -the model calibration and refinement process and ongoing technical assistance and support as needed. ■ Funding Amount and Source The proposed contract amount is $36,000. The source of the funds is the Flood Control Zone District fund and the approved 2011 budget includes an allocation for this work. This contractor was selected as a sole source provider as this work is essentially a continuation of work already performed by them. As the developer of both the modeling 34 software and the Nooksack River hydraulic model, they are uniquely qualified to provide this scope of services. Please contact Paula Cooper at extension 50625, if you have any questions or concerns regarding the terms of this agreement. Encl. 35 WHATCOM COUNTY CONTRACT INFORMA TION SHEET Whatcom County Contract No. -201105-00'7 Originating Department: Public Works Contract Administrator: Paula Cooper Contractor's /Agency Name: Linsley, Kraeger Associates, Ltd. Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes _ No Ifyes, previous number(s): Is this a grant agreement? Yes _ No X If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes _ No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes _ No X If yes, RFP and Bid number(s) Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $15, 000 or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $_36.000 memo. Any amendment that provides either a 10% increase in amount or more than This Amendment Amount: $10, 000, whichever is greater, must also go to Council and will need an agenda bill $ 0 and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. $_36.000 Scope of Services This professional services agreement provides for the preparation of a technical report documenting the recent calibration and refinement work to the detailed hydraulic model which is being used for the Whatcom County Floodplain Mapping Project and the analysis of alternatives identified in the Lower Nooksack River Comprehensive Flood Hazard Management Plan. In addition, this agreement provides for ongoing technical assistance to County Staff as needed. Term of Contract: Not to exceed Expiration Date: Aril 3e, 2012 Contract Routinjz Steps & Signof.- [sign or initialz [indicate date transmitted] 1. Prepared by: James Lee Date_4-29-11 [electronic] 2. Attorney reviewed: Gibson Date 5-9-11 [electronic] _Daniel 3. AS Finance reviewed: Brad Bennett Date 5-3-I1ielectronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: James Lee _ Date 5-10-1 [electronic] 6. Attorney signoff.• Date s iy 7. Contractor signed: L Date — I 8. Submitted to Exec Office ,/ Date ,s- t 3- (l [summary via 9. Reviewed by DCA Date 10. Council approved (if necessary) Date. 11. Executive signed: Date 12. Contractor Original 13. Returned to dept; Date 14. County Original to Council Date this form may need to expand to more than one page this form may need to expand to more than one page hard copy printed electronic; hardcopies] 36 COUNTY ORIGINAL Whatcom County Contract No. CONTRACT FOR SERVICES AGREEMENT 2 ,o 0 S00 % FEQ Model Calibration Report Linsey, Kraeger Associates. Ltd. , hereinafter called Contractor, and the Whatcom County Flood Control Zone District, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 1 to 8 Exhibit A (Scope of Work), pp. 9 to 9 Exhibit B (Compensation), pp. 10 to 10 Exhibit C (Certificate of Insurance). Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the day of , 2011, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 30th day of April 2012. The general purpose or objective of this Agreement is to: provide technical report documenting the FEQ model calibration and refinement work recently completed and to provide ongoing technical assistance to County Staff for FEQ model support and software development. , as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $ 36 000 The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this day of '2011. CONTRACTOR: Linsley, Krae er Associates, Ltd. Delbert D. Franz, Vice President STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this _ day of , 2011, before me (Company) and who ex i 0.1 OWN. so Contract for Services Agreement FEQ Model Calibration Report v 1.0 to me known to be the (title) of instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires Page 1 37 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of CIVIL CODE § 1189 On before me, 66KOA Date/ Here Insert Name andolritle of the Office personally appeared P , ey+- D. � AV1 Name(s) of Sigi who proved to me on the basis of satisfactory evidence to be the person(o whose name(" IS ars- subscribed to the within instrument and acknowledged to me that I e paA @� 6 executed the same in i / authorized capacity(+, and that by is heetr signatureK on the instrument the person( 6, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the SHARON J. CHO1 •; Commission # 1872707 laws of the State of California that the foregoing z :� _, Notary Public - California z paragraph is true and correct. Santa Clara County n My Comm. Expires Jan 3, 2014 WITNESS my hand and official I. 1 Signature: Place Notary Seal Above natur otary Public OPTIONAL Though the information below is not required by law, it may prove valuabk,4Wersons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document _ _ _L_ Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER u D Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual •Tw ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 WHATCOM COUNTY: Recom ended for Approval: 'X, 1 � � V. � � 2— // ,( Frank M. Abart, Department irector Date Approved as to form: OS/0-1/1 Daniel Gibson, Prosecuting Attorney Date Approved: Accepted for the Whatcom County Flood Control Zone District: By: Pete Kremen, Whatcom County Executive and Chair of the Whatcom County Flood Control Zone District STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 2011, before me personally appeared Pete Kremen, to me known to be the Chair of the Whatcom County Flood Control Zone District (FCZD), a quasi -municipal corporation of the State of Washington, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of the FCZD, for the uses and purposes herein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of the FCZD. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires CONTRACTOR INFORMATION: Linsley, Kraeger Associates, Ltd. (Type in Name of Contractor/Firm) Delbert Franz (Type in Name & Title of Signatory Authorized by Firm Bylaws, if applicable) Address: 752 Ormonde Drive Mountain View, CA 94043 Mailing Address: 752 Ormonde Drive Mountain View, CA 94043 Contact Name: Delbert Franz Contact Phone: (650) 964-5489 Contact FAX: -(650) 964-1478 Contact Email: ddf ,igdotdt.com Contract for Services Agreement FEQ Model Calibration Report Page 2 v 1.0 39 GENERAL CONDITIONS Series 30-39: Provisions Related to Administration of Agreement 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A" during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: Not Applicable 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: Not Applicable 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable Contract for Services Agreement FEQ Model Calibration Report Page 3 v 1.0 MR IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting_ The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. Contract for Services Agreement FEQ Model Calibration Report Page 4 v 1.0 41 31.1 Ownership of Items Produced: When the Contractor creates any copyrightable materials or invents any patentable property, the Contractor may copyright or patent the same, but the County retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. Contractor further agrees to make research, notes, and other work products produced in the performance of this Agreement available to the County upon request. 31.2 Patent/Copyright Infringement: Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County, to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following: A. The Contractor shall be notified promptly in writing by the County of any notice of such claim. B. Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to the County. 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington_ , upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A certificate of such insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". 34.2 Industrial Insurance Waiver: Not Applicable 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein 35.1 Non -Discrimination in Employment: Contract for Services Agreement FEQ Model Calibration Report Page 5 v 1.0 42 The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The Contractor shall comply.with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: Not Applicable 36.1 Waiver of Noncompetition: Contractor irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the County, and contractor further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the County. 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the .performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Paula Cooper, P.E., River & Flood Manager 322 N. Commercial St., Suite 120 Bellingham, WA 98225-4042 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section.- Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. 38.1 Certification of Public Works Contractor's Status under State Law: Contractor certifies that it has fully met the responsibility criteria required of public works contractors under RCW 39.04.350 {1), which inlcude: (a) having a certificate of registration in compliance with RCW 18.27; (b) having a current state unified business identifier number; (c) if applicable, having industrial insurance coverage for its employees working in Washington as required in Title 51 RCW, an employment security department number as required in Title 50 RCW, and a state excise tax registration number as required in Title 82 RCW; and (d) not being disqualified from bidding on any public works contract under RCW 39.06.010 or 39,12.065 (3). Contract for Services Agreement FEQ Model Calibration Report Page 6 v 1.0 43 38.2 Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: The Contractor further certifies, by executing this contract, that neither it nor its principles is presently debarred, suspended, proposd for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or Agency. The Contractor also agrees that it shall not knowingly enter into any lower tier covered transactions (a transaction between the Contractor and any other person) with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, and the Contractor agrees to include this clause titled "Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" without modification, in all lower tier covered transactions and in all solicitations for lower tier transactions. The "General Service Administration List of Parties Excluded from Federal Procurement or Non -procurement Programs" is available to research this information at http://epls.arnet.gov/. 38.3 E-Verify: The E-Verify contractor program for Whatcom County applies to contracts of $100,000 or more and sub contracts for $25,000 or more if the primary contract is for $100,000 or more. Contractor represents and warrants that it will, for at least the duration of this contract, register and participate in the status verification system for all newly hired employees. The term "employee" as used herein means any person that is hired to perform work for Whatcom County. As used herein, "status verification system" means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. Contractor/Seller agrees to maintain records of such compliance and, upon request of the County, to provide a copy of each such verification to the County. Contractor/Seller further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington. Contractor/Seller understands and agrees that any breach of these warranties may subject Contractor/Seller to the following: (a) termination of this Agreement and ineligibility for any Whatcom County contract for up to three (3) years, with notice of such cancellation/termination being made public. In the event of such termination/cancellation, Contractor/Seller would also be liable for any additional costs incurred by the County due to contract cancellation or loss of license or permit." Contractor will review and enroll in the E-Verify program through this website: www.uscis.gov Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Not Applicable 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. Notice of Potential Claims: Contract for Services Agreement FEQ Model Calibration Report Page 7 v 1.0 44 The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any . act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. C. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Not Applicable 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3 , 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Contract for Services Agreement FEQ Model Calibration Report Page 8 v 1.0 45 EXHIBIT "A" (SCOPE OF WORK) Task 1 — Prepare Technical Report documenting Full Equations Model (FEQ) calibration and refinement This task includes preparation of technical report documenting the calibration and model refinements to the FEQ model for the Lower Nooksack River including the overflow corridor from Everson to Sumas that is being used on the Whatcom County Floodplain Mapping Project. This work will include the following tasks: 1.1 Format computer generated high water mark summaries for inclusion into final report. 1.2 Prepare around 40 plots for the final report. 1.3 Reformat and edit existing documentation of modeling work, adding additional report components as needed. 1.4 Prepare the final report in PDF format. Task 2 — FEQ 1 FEQUTL Version Documentation 2.1 Provide addenda to the existing documentation for FEQ and FEQ utilities to bring the online USGS documentation up to date with the versions being used in current FEQ modeling efforts. Task 3 — Technical Assistance 3.1 Provide ongoing technical assistance and software support, including maintaining Subversion repository, for County Staff and other consultants involved in FEQ modeling work for Whatcom County. Contract for Services Agreement FEQ Model Calibration Report Page 9 v 1.0 46 EXHIBIT "B" (COMPENSATION) COST ESTIMATE TASK TASK DESCRIPTION HOURS SUBTASK COST Task 1 Technical Report 1.1 -Prepare Format HWM data 10 $1,500 1.2 Prepare plots 30 $4,500 1.3 Format and edit existing documentation for report 16 $2,400 1.4 Pre are final report 8 $1,200 Task 2 FEQ / FEQUTL Version Documentation 2.1 Provide addenda to USGS 16 $2,400 Task 3 Technical Assistance 2.1 Ongoing technical assistance as needed 160 $24 000 TOTAL $36,000 Rate schedule Delbert Franz $150/hr Brook Krae er $150/hr As consideration for the services provided pursuant to Exhibit A, Scope of Work, the County agrees to compensate the Contractor according to the hourly rates provided above. These rates may be adjusted with the County's approval annually. Other reasonable expenses incurred in the course of performing the duties herein shall be reimbursed as described here: * Mileage will be reimbursed at IRS rate * Lodging and per diem reimbursement will be at a rate not to exceed the GSA rate for location services are provided * Reimbursement for air travel will be at coach rates * Materials purchased and equipment rented specifically for the project shall be reimbursed at a cost plus 8% * Other expenditures such as outside printing, postage and in-house reproduction shall be reimbursed at actual cost * In-house computer usage and domestic and long distance telephone charges shall be at no cost Contractor will invoice monthly. Invoices will include hours worked by employee by day together with tasks accomplished. Requests for reimbursement of expenses must be accompanied by copies of paid invoices itemizing costs incurred. Costs of alcoholic beverages are not eligible for reimbursement. Compensation shall not exceed the contract amount. Any work performed prior to the effective date of this contractor continuing after the completion date of the same unless otherwise agreed upon in writing, will beat the Contractor's expense. Contract for Services Agreement FEQ Model Calibration Report Page 10 v 1.0 47 tX t�►L f "C" W0011 Too U.40 s- ��� � iMiar9tvt3rrg �sr+,�nca �rvics� Tq:-4�i?2 Aags � o� 2 ACORN .. CERTIFICATE OF LIABILITY INSURANCE i�." i'eti ±tea ::ti; a.'v .R.:'B .,,a i. �.r :i::,. i CUr#M'ff 3 l:'fSM Al A illtcl TWK OF WQMrfM. ECGPSE VAXXW 4L 0 UROCE SERYiGE3 ONLY APD COKEd M Ri-oWS UPW TW MXTVWA' TH nu {Q"o"o IkLvm, �iS� ittF2 l'N!Y i`�3YC k:BT �t� 1HOT liJ� DCTE� 41G CONC{3PO CA SWO !H8 M91t8 WOROM COVERAGE MAIL i4'atAi€i! MUM* Mf 104 CUtMYk'F ca K KKAW WR Dic'wWR I. 08A Wi Y, J(RAMER r SSOCLATE,! �k �: 131E8 L+�d1tCA SCAB V !¢x!! D. 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So-elcw OVOM$ Cate v 4TWtkowlt u is of W"Nol gtan = *wtl; cvwftfeld !t, so. g?0 ffa*lmm WA OM540*2 klD 4N Cg Yrt A`p %* �i`5 ".) %#=Ctrs .::,JWt-t '7 '„'"�t"�Tw'E ir4 137+"ewt nci oa aA'iKA: (A? +YSS ;�. y .*M OfiAURMEN=rMI" Ths ACO" ram aW we mWomdnwk8 ct== 48 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011-193 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: tih 5/72/II 5/24/11 Finance/Council EC E WED Division Head: MAY17 7 2011 WH f(�t'141A COUNTY C��OlJU�VNi lniI !V Dept. Head Prosecutor: t Purchasing/ t: '� 1 I Executive. TITLE(bF DOCUM1 ENT: Washington State Methamphetamine Initiative ATTACHMENTS: Two (2) original contracts between Whatcom County Sheriff's Office and Washington Association of Sheriff's and Police Chiefs SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMAR Y STA TEMENT 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 grant will allow us to continue to fund the Records Specialist Position at 1 FTE at the Drug Task Force. This person will support a variety of enforcement, intervention and prevention efforts designed to use community -policing strategies to combat methamphetamine problems. COMMITTEE ACTION: COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 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.its/council. M WHATCOM COUNTY SHERIFFS OFFICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 TO: MEMORANDUM Pete Kremen, County FROM: Bill Elfo, Sh DATE: SUBJECT: May 12, 2011 Washington State Methamphetamine Initiative JEFF PARKS UNDERSHERIFF ART EDGE CHIEF DEPUTY DOUG CHADWICK CHIEF DEPUTY STEVE COOLEY CHIEFINSPECTOR VfIENDY JOKES CHIEF OF CORRECTIONS RECEIVED MAY 16 2011 PETE KREMEN COUNTY EXECUTIVE Enclosed are two (2) originals between Whatcom County Sheriff's Office and Washington Association of Sheriffs and Police Chiefs for your review and signature. • Background and Purpose Whatcom County has received a grant from the Washington Association of Sheriffs and Police Chiefs for personnel costs to support a variety of enforcement, intervention, and prevention efforts designed to use community policing strategies to combat methamphetamine problems. This money will allow us to fund the .5FTE Records Specialist with the Drug Task Force to 1 FTE for the remainder of 2011. • Funding Amount and Source The funding source is U.S. Department of Justice, Office of Community Oriented Policing Services. The funding amount is $18,525.00. CFDA No. is 16.710 • Differences from Previous Contract Please contact Undersheriff Parks at 50418, if you have further questions or concerns regarding the terms of this agreement. Enclosure Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in P%C Safety. WHATCOM COUNTY CONTRACT . INFORMATION SHEET Whatcom County Contract No. �"?olto5009 Originating Department: Sheriff's Office Contract Administrator: Jeff Parks Contractor's I Agency Name: WA A Ssoc, a S er; f5 f Po(ice. Cti-,efs . ' Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes No X If yes, previous number(s): Is this a grant agreement? Yes X No If yes, grantor agency contract number(s) WSMI 10104 CFDA number CFDA No. 16.710 Is this contract grant funded? Yes No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes No X Ifyes, RFP and Bid number(s) Contract Amount: (sum of orig contract If a Professional Services Agreement is more than $15, 000 or a Bid is amt and any prior amendments) more than $35, 000, please submit an Agenda Bill for Council $_18,525.00 approval and a supporting memo. Any amendment that provides This Amendment Amount: either a 10% increase in amount or more than $10, 000, whichever is $ greater, must also go to Council and will need an agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended Amount: $_I8,525.00 Executive with supporting memo for approval. Scope of Services [Insert language from contract (Exhibit A) or summarize; expand space as necessary] This grant will allow us to help fund the .5 FTE records specialist in the Drug Task Force, July 1 thru December 31, 2011. The grant will be used to support a variety of enforcement, intervention and prevention efforts designed to use community policing strategies to combat methamphetamine problems. Term of Contract: )/01111 Expiration Date:12/31/12 Contract Routing Steps & Sinoff.- [sign or initial) [indicate date transmitted) 1. Prepared by: nh Date 5112111[electronic] 2. Attorney reviewed: Date _ [electronic] 3. AS Finance reviewed: Date electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff.• Date 7. Contractor signed: Date 8. Submitted to Exec Office Date 5 ! /(- 11 %summary via electronic; hardcopies] 9. Reviewed by DCA Date 10. Council approved (if necessary) Date 11. Executive signed. Date 12. Contractor Original 13. Returned to dept; Date 51 14. County Original to Council Date this form may need to expand to more than one page 52 WHATCOM C UUN 1 T CONTRACT %10. ao 1 t oSa0E CONTRACT NO. WSMI 10104 WASHINGTON ASSOCIATION OF SHERIFFS & POLICE CHIEFS CONTRACT SPECIFIC TERMS AND CONDITIONS WASHINGTON STATE METHAMPHETAMINE INITIATIVE This AGREEMENT is entered into by and between the WASHINGTON ASSOCIATION OF SHERIFFS & POLICE CHIEFS (hereinafter referred to as the WASPC), and the WHATCOM COUNTY SHERIFFS OFFICE (hereinafter referred to as the CONTRACTOR). NOW, THEREFORE, in consideration of the covenants, performances, and promises contained herein, the parties hereto agree as follows: FUNDING SOURCE Funding for this CONTRACT is provided to the Washington Association of Sheriffs & Police Chiefs by the Pierce County Alliance and the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS Office). The total federal funds to be awarded to the CONTRACTOR shall not exceed the federal funds reflected on the CONTRACT Face Sheet. SCOPE OF SERVICES The CONTRACTOR shall use the federal funds awarded hereunder solely for salary and benefits, costs and contracted services, goods and services, and travel and other essential costs to support the purposes further defined by the STATEMENT OF WORK. SCOPE OF WORK The CONTRACTOR shall seek to implement the activities and to achieve the goals and objectives of the FY 2009 Washington State Methamphetamine Initiative, as set forth in the STATEMENT OF WORK, and the program SPECIAL CONDITIONS, that are incorporated into this agreement. SCOPE OF WORK REVISIONS The CONTRACTOR shall submit to the WASPC a written request to effect any significant change to the SCOPE OF WORK as expressed in the STATEMENT OF WORK. Such requests shall be accompanied by a revised STATEMENT OF WORK or other supporting documents, and shall be accepted by the WASPC before the activities supporting the revised SCOPE OF WORK qualify as part of the SCOPE OF SERVICES. 1 of 6 53 BUDGET REVISIONS The CONTRACTOR shall submit to the WASPC a written request to effect any change(s) in the project budget. Such changes shall be submitted on a `Budget Amendment Request Form." The WASPC may approve or deny the request at its sole discretion. PERFORMANCE STANDARDS The CONTRACTOR shall perform the services as defined in the STATEMENT OF WORK incorporated herein; in accordance with the budget and estimated expenditure plan, as stated on the CONTRACT Face Sheet and in accordance with the FY 2009 Washington State Methamphetamine Initiative and the US Department of Justice, Office of Justice Programs, Office of the Comptroller Financial Guide, as well as other policies and procedures issued by the WASPC. PERIOD OF OBLIGATION The CONTRACT period during which financial assistance may be provided is indicated on Line 5 of the CONTRACT Face Sheet. The effective date of this CONTRACT shall be the date the last party signs this CONTRACT. ALLOWABLE COSTS Allowable costs shall include costs incurred by the CONTRACTOR from the first date of the CONTRACT period, until the CONTRACT is terminated or expires as provided herein, but in no event shall allowable costs exceed the maximum federal amount of the CONTRACT as provided on the CONTRACT Face Sheet. Costs allowable under this CONTRACT are based on a budget approved by the WASPC. The WASPC shall pay to the CONTRACTOR all allowable costs incurred from the first date of the CONTRACT period until this CONTRACT is terminated or expires evidenced by proper expenditure reconciliation report, submitted to the WASPC on a timely basis, insofar as those allowable costs do not exceed the amount appropriated or otherwise available for such purposes as stated on the CONTRACT Face Sheet. NON -SUPPLANTING The CONTRACTOR shall not use the federal funds specified by this CONTRACT to supplant local, state, or other federal funds. The CONTRACTOR shall be eligible for payment for services performed under this CONTRACT that are in addition to services performed by the CONTRACTOR prior to the receipt of federal grant funds provided through the WASPC for the activities of the Washington State Methamphetamine Initiative. The CONTRACTOR shall not use these federal funds to replace funding which would otherwise be made available to the CONTRACTOR had the federal funds provided by this CONTRACT not been provided. 2of6 54 PROGRAM MANAGEMENT The Program Manager shall be responsible for monitoring the performance of this CONTRACT, including approval and acceptance of reports provided by the CONTRACTOR. The Program Manager shall provide and facilitate assistance and guidance to the CONTRACTOR as necessary. PROGRAM ADMMSTRATION The CONTRACTOR shall notify the WASPC of the local program administrator who shall be responsible for the performance of this CONTRACT. The CONTRACTOR shall provide the WASPC with the program administrator's name, address, telephone number(s), and any subsequent changes. REPORTING REQUIREMENTS The CONTRACTOR shall submit required quarterly reports by the date using required forms according to procedures issued by the WASPC. Contractor will be asked to furnish information to the WASPC covering the funded program's operations in the county as a whole. The reports shall include, but are not limited to: 1. Number of narcotics cases opened. 2. Number of narcotics arrests (juvenile and adult). 3. Value of narcotics seized. The reports and their due dates are as follows: REPORT DATE DUE Quarterly Assessment Reports The 15th of the month following the three month period in which funded activities were performed. The CONTRACTOR shall be obligated to submit required reports after the close of the CONTRACT period, during the transfer of obligations to another CONTRACT, or upon termination of the CONTRACT for any reason. PAYMENT PROVISIONS The WASPC shall award federal funds to the CONTRACTOR in the amount provided on the CONTRACT Face Sheet. Upon receipt of a fully executed Agreement, the WASPC will allow reimbursement of allowable expenditures made by the CONTRACTOR. The CONTRACTOR is required to complete and submit to the WASPC a Reimbursement Request Form along with 3 of 6 W documentation for the expenditures on the 15`h of each month. Reimbursements will be made to the CONTRACTOR by the WASPC by mailed check. EVALUATION AND MONITORING The CONTRACTOR shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the WASPC that are pertinent to this CONTRACT. The WASPC, the State Auditor, a representative of the United States Department of Justice, or any of their representatives shall have full access to and the right to examine during normal business hours and as often as the WASPC, the State Auditor, or the Department of Justice may deem necessary, all of the CONTRACTOR'S records with respect to all matters covered in this CONTRACT. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all CONTRACTS, invoices, materials, payroll, and records of matters covered by this CONTRACT. Such rights extend for three years from the date final reconciliation is made hereunder. ACKNOWLEDGEMENT OF FEDERAL FUNDS The CONTRACTOR and its SUBCONTRACTORS shall comply with the special conditions listed below: 1. The CONTRACTOR agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, as further described in the current edition of the OJP Financial Guide Chapter 19. 2. The CONTRACTOR shall submit to the WASPC one copy of all reports and proposed publications resulting from this agreement thirty (30) days prior to public release. Any written, visual, or audio publications with the exception of press releases, whether published at the grantee's or government's expense, shall contain the following statements: This project was supported by Grant No. WSMI 10104 awarded by the U.S. Department of Justice Office of Community Oriented Policing Services (COPS Office). Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice. ENTIRE AGREEMENT This CONTRACT contains the entire agreement of the parties and may not be modified or amended except as provided herein. The CONTRACTOR shall perform in accordance with the specific and general terms and conditions of this CONTRACT. No other understanding, oral or written, regarding the subject matter of this CONTRACT shall be deemed to exist or to bind any of the parties hereto. The CONTRACTOR shall comply with all applicable laws, ordinances, codes, regulations and policies of local, state, and federal governments. 4of6 56 ORDER OF PRECEDENCE In the event of any inconsistency in this CONTRACT, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable federal statutes and regulations 2. Applicable state statutes and regulations 3. CONTRACT Face Sheet 4. CONTRACT Specific Terms and Conditions 5. CONTRACT General Terms and Conditions STATEMENT OF WORK During the appropriations cycle of fiscal year 2009, funding was earmarked for the implementation of community policing initiatives to combat the escalation of methamphetamine problems in the United States. The COPS Office was directed by the legislation to allocate funding to areas specified by congress as having the greatest need for assistance in eradicating this drug problem. The COPS Office has facilitated the funding of a variety of enforcement and training programs to diverse areas of the country with the greatest need for assistance in eradicating this particular drug problem. The COPS Methamphetamine Initiative funds will be used to support a variety of enforcement, intervention, and prevention efforts designed to use community policing strategies to combat methamphetamine problems. This grant program provides federal funding for selected sites for one year. A-1 The CONTRACTOR shall work in accordance with the Washington State Methamphetamine Initiative goals. A-2 The CONTRACTOR is required to expend the grant amount within the allowable budget categories, during the grant expenditure period. A-3 Payments will be made on a reimbursement basis by mailed check. A-4 The CONTRACTOR will submit timely reimbursement requests and quarterly reports 5 of 6 57 SPECIAL CONDITIONS The CONTRACTOR agrees to comply with the following Special Conditions and to require any sub-recipient(s) to comply with the following special conditions. 1. To comply with the administrative requirements set forth in the current edition of the Office of Justice programs (OJP) Financial Guide. 2. To comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, as further described in the current edition of the OJP Financial Guide, Chapter 19. Please refer to Exhibit A for additional Grant Terms and Special Conditions. 6 of 6 58 Contract #: WSNII 10104 Exhibit A U.S. Department of Justice Office of Community Oriented Policing Services Grant Terms and Conditions 1. The grantee agrees to comply with the terms and conditions in this 2009 COPS Methamphetamine Initiative Grant Owner's Manual and all appropriate federal procurement rules. 2. The funding under this project is for the payment of approved costs for activities related to the establishment and enhancement of a variety of problem -solving strategies to combat the use and distribution of methamphetamine and to address other methamphetamine problems in your jurisdiction. The allowable costs for which your grant has been approved are limited to those listed on the budget clearance memorandum, included in your award packet. 3. Methamphetamine Initiative grant funds must be used to supplement, and not supplant, state, local, or Bureau of Indian Affairs funds already committed for the grant purpose (hiring, purchases, and/or activities) that would exist in the absence of this grant. In other words, grantees may not use COPS funds to replace state, local, or Bureau of Indian Affairs funds that would have been dedicated to the COPS -funded item in the absence of the COPS grant. 4. Travel costs for transportation, lodging and subsistence, and related items are allowable under the Methamphetamine Initiative program with prior approval from the COPS Office. Payment for allowable travel costs will be in accordance with 2 C.F.R. Part 225 (OMB circular A-87 Cost Principles for State, Local and Indian Tribal Governments), 2 C.F.R. Part 230 (OMB Circular A-122 Cost Principles for Non -Profit Organizations), as applicable. 5. The grantee acknowledges its agreement to comply with the Assurances and Certifications submitted with the Methamphetamine Initiative grant application. 6. The grantee acknowledges its agreement to comply with the Special Condition certification concerning potential environmental issues, which they have submitted to the COPS Office with their COPS Methamphetamine Initiative Grant Application. This certification mandates grantee compliance with federal, state, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and removal and disposal of chemicals, equipment, and wastes resulting from operations of these laboratories. 7. Grantees receiving funding under this grant program acknowledge that as the entity performing activities associated with the investigation and clean-up of clandestine methamphetamine laboratories that the grantee, not the COPS Office, is the generator of hazardous chemical waste for purposes of this project. 8. In order to assist the COPS Office in the monitoring of the award, your agency will be responsible for submitting periodic program progress reports and quarterly Financial Status Reports (FSRs). 9. The COPS Office may conduct or sponsor evaluations of the Methamphetamine Initiative program. The grantee aggress to cooperate with the evaluators to the extent practicable. 10. The grantee acknowledges that the Department of Justice performs various functions to ensure compliance with all grant requirements and to provide technical assistance to grantees. The grantee aggress to cooperate with any requests for grant - related documentation or other relevant information. 11. The grantee agrees to comply with the terms, conditions, and regulations as found in the Methamphetamine Initiative Grant Owner's Manual; the COPS statute (42 U.S.C. 3796dd); OMB Circulars A-87, A-21, A-122 or the Federal Acquisition Regulations, as applicable (governing cost principles); OMB Circulars A-102 (28 C.F.R. Part 66) or A-110 (28 C.F.R. Part 70), as applicable (Uniform Administrative Requirements for Grants and Cooperative Agreements); OMB Circular A-133 (governing audits), and with all applicable program requirements, laws, orders, regulations, or circulars. 12. Grantees that have 50 or more employees and grants over $500,000 (or over $1,000,000 in grants over an 18-month period) must submit an acceptable Equal Employment Opportunity Plan (EEOP) or EEOP short form, if required to submit an EEOP under 28 C.F.R. 42.302, that is approved by the Office of Justice Programs, Office of Civil Rights, within 60 days of the award start date. 13. You may request an extension of the grant award period to receive additional time to implement your grant program. These extensions do not provide additional funding. Only those grantees that can provide reasonable justification for delays will be granted no -cost extensions. 14. All grant modification requests must be approved, in writing, by the COPS Office prior to their implementation. The COPS Office will not approve any modification request that results in an increase of federal funds. 15. The grantee aggress to complete and keep on file, as appropriate, a Bureau of Citizenship and Immigration Services Employment Eligibility Verification Form (1-9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United States. 16. The grantee will complete and submit to the El Paso Intelligence Center (EPIC) a Form 143 for each clandestine methamphetamine laboratory that is seized and closed during the grant period. 17. Grantees using Methamphetamine Initiative funds to operate an interjurisdictional criminal intelligence system must comply with the operating principles of 28 C.F.R. Part 23. The grantee acknowledges that it has completed, signed, and submitted with its grant application the relevant Special Condition certifying its compliance with 28 C.F.R. Part23. 18. The grantee agrees to submit one copy of all reports and proposed publications resulting from this grant 20 days prior to public release. Any publications (including written, software, visual, or sound, but excluding press releases, newsletters, and issue analyses), whether published at the grantee's or government's expense, shall contain the following statement: "This document was prepared by the (Legal Name) supported by (grant number), awarded by the U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this document are those of the author(s) and do not necessarily represent the official position or policies of the U.S. Department of Justice. 19. The grantee acknowledges that false statements or claims made in connection with COPS grants may result in fines, imprisonment, debarment from participating in federal grants or contracts, and/or any other remedy available by law. 59 AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON ASSOCIATION OF SHERIFFS & POLICE CHIEFS WASHINGTON ASSOCIATION OF SHERIFFS & POLICE CHIEFS 1. Contractor's Name and Address: Whatcom County Sheriffs Office 311 Grand Avenue Bellingham WA 98225 2. Tax Identification No: 3. Contract No: WSMI 10104 4. Contact: Title: Telephone: WASHINGTON STATE METHAMPHETAMINE INITIATIVE FACE SHEET 5. Contract Period 1101/11-12/31/12 6. Funding Authority U.S. Department of Justice, Office of Community Oriented Policing Services Washington Association of Sheriffs & Police Chiefs 7. Service Area: Washington State 8. CFDA No:16.710 Requests for reimbursement under this CONTRACT are subject to the following Budget: A. Personnel: 18,525.00 B. Fringe Benefits: C. Travel: D. Equipment: E. Supplies: F. Consultants/Contracts: G. Other Expense: Total: $18,525.00 IN WITNESS WHEREOF, the WASPC and CONTRACTOR acknowledge and accept the terms of this CONTRACT and attachments hereto, and in witness whereof have executed this contract as of the date and year last written below. The rights and obligations of both parties to this CONTRACT are governed by the information on this CONTRACT Face Sheet and other documents incorporated herein by reference: Contract Specific Terms and Conditions, and Contract General Terms and Conditions. FOR THE WASPC: Donald G. Pierce, Executive Director WASPC Date: March 23, 2010 FOR THE CONTRACTOR: See aAMU Name: Title: Date: WHATCOM COUNTY: jSheWa�- Date Approved as to form: Prosecuting AttornejV1 Approved: Accepted for Whatcom County Pete Kremen, Whatcom County Executive STATE OF WASH17vGTON ) ss COUNTY OF WHATCOM ) Date Date On this day of , 20 , before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledge to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: 61 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011-194 CLEARANCES Initial Date Date in Council Office Agenda Date Assigned to: Originator., 5/13/11 (Received L� W (D E � V E D MAY 17 2011 5/24/11 finance/Count Division Head., Dept. Head. 'HA TCOM COUNTYCOUNCIL Prosecutor. Purchasi • 66 5/13/11 Executiv TITLE DOCUMENT. Approval to Award Bid 11-35 Street Sweeping & Cleaning Service ATTACHMENTS: Memos from Finance and Public Works SEPA review required? ( ) Yes ( x) NO Should Clerk schedule a hearing ? ( ) Yes ( x) NO SEPA review completed? ( ) Yes (x ) NO Requested Date: 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.) Public Works is requesting approval to award the bid and enter into a contract for street sweeping and cleaning services in the Lake Whatcom and Lake Samish Watershed. The bid allows for up to three annual renewals. The low bidder is Western Refinery Services Inc. with a bid total of $98,200.00 per year. This is a planned purchase and the funds are in the current Maintenance & Operations budget. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract A Related File Numbers: Ordinance or Resolution Number: 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. 62 WHATCOM COUNTY ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite 108 Bellingham, WA 98225-4083 DDesler@co.whatcom.wa. us DEWEY G. DESLER Director FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa. us RECEIVIED BRAD BENNETT Manager MAY 13 2011 PEfE KREMEN COUNTY EXECUTIVE DATE: 13 May 2011 TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Award of Bid 08-18 Street Sweeping & Cleaning Services ■ Background & Purpose Bids were advertised for the street sweeping and cleaning services in the Lake Whatcom and Lake Samish watersheds. Four bids were received on Tuesday April 19 and the results are noted below. J �iL �'L b^..'i3F��-+Xi _ �,�a �J1 �i.. � ��.x�'�����L" N �r � S.. Y4 �i'!r �d j��`II y„■■�(■�� © '{�`` �� � � �1.N ��Ai:va'dA,R ` I ` �-£�"�LY.+.•-.. Western Refinery Services Inc. 98,200.00 MDonnough & Sons 112,642.80 Ram Construction 118,000.00 Bayside Services 140,000.00 Public Works is requesting approval award the bid and enter into a contract with the low bidder, Western Refinery Services for a total of $98,200.00. This bid allows for lap to three additional renewals for the same annual amount. ■ Funding This is a planned expenditure and funds for this year were approved in the Maintenance & Operations budget. I concur with this request. Admin. Services Finance Manager Approved as recommended: County Executive Date of Council Action Administration Facilities Management Finance/Accounting Human Resources Information Technology County Residents (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (36% 398-1310 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY ov 63738-4555 MAINTENANCE £t OPERATIONS DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM TO: Brad Bennett, AS Finance Manager THROUGH: Frank M. Abart, PW Director FROM: Jeff Gollen, PW Maintenance & Operations SuperintendentAll RE: Bid #11-35, 2011-2015 Street Sweeping & Cleaning Service Lake Whatcom and Lake Samish Watersheds DATE: May 10, 2011 901 W. Smith Road Bellingham, WA 98226 Phone (360) 676-6759 Fax (360) 676-6789 Jeff Gollen, Superintendent ■ Requested Action I am requesting Executive and Council approval to award the bid and subsequent contract for the 2011-2015 Street Sweeping & Cleaning Services to Western Refinery Services, Inc., in the total estimated amount of $98,200.00. ■ Background and Purpose Bids were duly advertised and submitted for the purposes of providing for the annual street sweeping and cleaning service of the Lake Whatcom and Lake Samish watershed area_ Public Works Maintenance and Operations Division contracts out this service using a regenerative air sweeper for roads located in the Lake Whatcom and Lake Samish watershed area in support of our NPDES permit requirements. Additionally, street sweeping and cleaning services of certain roads designated in the Lake Whatcom watershed are to be conducted twice -a -month during the months of October and November. Four bid responses were received Tuesday, April 19, 2011. The subsequent original contract agreement provides the option of extending the street sweeping and cleaning service for up to three (3) annual renewals (for a period of one year each) for a total of four years on this contract. This, if approved, is the first year on these contracts. TFunding Amount and Source subsequent contract will be in the estimated amount of $98,200.00. This amount was budgeted during the 2011-2012 Budget process. These are regularly budgeted 'expenditures for service, which is used on an annual basis along with estimated costs associated with on -call emergency services as needed and has been budgeted during the 2011-2012 Budget process. N� fj/ r ANNUAL EXPEKRE FIOR STREEY SVVEEP1f�G AND.CLEANING SERVICES 1' G IT YEAR.: 2008 2009 2010 ;ANNUAL,GQ$T . i ::. $ 67,000.02 $ 139,138.94 $ 128,833.38 Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the May 24, 2011 Whatcom County Council Meeting. Please contact Jeff Gollen at extension 50660, if you have any questions or concerns. Encl. •A WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011-195 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator., 5/16/11 (n� W C' C 0 V © M MAY 1 %7 2011 5//24/11 Finance Council Division Head: Dept. Head: WHATCOM COUNTY COUNCIL Prosecutor., Purchasin /Bud et: e& 516/11 Executive: / -/ TITLE OF DOCUMENT: Approval to Purchase Three Cross Band Repeaters ATTACHMENTS: Memo from Finance and the Sheriff's Office SEPA review required? ( ) Yes (x) NO Should Clerk schedule a hearing ? ( ) Yes ( x) NO SEPA review completed? ( ) Yes (x ) NO Requested Date: 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.) The Sheriff's Office is requesting approval to purchase three Cross Band Repeaters using the Washington State Contract. The vendor is Daniels Corporation and the cost is approximately $235,000. Funds for this purchase are coming from a Public Safety Interoperable Communications Grant. These items are included on Supplemental Budget #5. COMMITTEE ACTION. COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 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. 65 WHATCOM COUNTY ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite 108 Bellingham, WA 98225-4083 DDesler@co.whatcom.wa.us DEWEY G. DESLER Director DATE: 16 May 2011 TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Approval to Purchase Three Cross Band Repeaters FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us BRAD BENNETT Manager BACKGROUND The Sheriff's Office is requesting approval to purchase three cross band repeaters for VHF, UHF, and 800 frequencies using the Washington State Contract. The vendor is Daniels Corporation. The cost is approximately $235,000. Funds for this purchase come from a Public Safety Interoperable Communications Grant. Funding for this purchase is included in Supplemental Budget Request #5, currently before County Council for approval. I concur with the recommendation. Administrative Services Finance Manager Approved as Recommended: County Executive Date of Council Action Administration Facilities Management Finance/Accounting Human Resources Information Technology County Residents (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (360 98-1310 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY ( fb 738-4555 WHATCOM COUNTY SHERIFF'S OFFICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 05-16-2011 Brad Bennett Whatcom County Courthouse Suite 503 Bellingham, WA 98225 Mr. Bennett, JEFF PARKS UNDERSHERIFF ART EDGE CHIEF DEPUTY DOUG CHADWICK CHIEF DEPUTY STEVE COOLEY CHIEFINSPECTOR WEEDY JOKES CHIEF OF CORRECTIONS The Sheriff's Office would like to procure three Daniels Electronics VHF, UHF, and 800 Crossband Repeaters and associated installation and equipment costs, for approximately $235,000. These repeaters will be installed on Sumas and Galbraith mountain communications towers and on the United States Customs and Border Protection HQ, Blaine. The repeaters and associated equipment has been pre -approved by the Washington Military Department, Emergency Management Division, and the Department of Homeland Security under the Public Safety Interoperable Communications Grant (PSIC) pass through from Clallam County, lead grant administrator for this award, Region 1. This equipment is available on State Contract 02702 from the Daniels Corporation. Funding is included in Supplemental #5 that is presently before County Council. I recommend and request this purchase be approved. Sincerely, 151e__A� Bill Elfo, Sheriff Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in fi lic Safety. Supplemental Budget Request Status: Pending Sheriff Operations supp i m # 1189 Fund 1 Cost Center 2957 Originator: Art Edge Expenditure Type: One -Time Year 1 2011 Add'I FTE ❑ Add'I Space ❑ Priority Name of Request: PSIC Grant Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description 4333.1155 Federal Grants - Indirect 7410 Equipment -Capital Outlay Request Total la. Description of request: Amount Requested ----($678,525) $678,525 $0 Whatcom County Sheriffs Office is currently involved in a interoperability communications project that is federally funded through a grant that Clallam County originally applied for in behalf of regions 1 and 2 in 2007. The grant was awarded in 2008. Region 1 consists of Whatcom, Skagit, Island, San Juan, and Snohomish counties. Region 2 consists of Clallam and other Olympic peninsula counties. The original grant amount was approximately $7.4 million. Wash. St. procured two+ million for their projects and left the remainder for both region 1 and 2. Of that award, Whatcom County is expected to receive a cash award of approximately $450,000 and has already received an additional $228,525 worth of equipment purchased on its behalf by Clallam County. The federal grant originated from the Dept. of Homeland Security, administered by the Wash. St. Military Dept. and passed through to Clallam County. The purpose of the grant is to enhance or create communications interoperability among the various public safety agencies in both regions. Clallam county had been purchasing capital equipment on behalf of Whatcom county for two and a half years. Recently Whatcom was notified that the remainder of the project assets would fall on the county to procure due to personnel changes in Clallam. Whatcom will be procuring capital equipment to complete the Sheriffs Office cross -band repeater project. 1b. Primary customers: Public safety agencies are the primary customers. Due to the nature and ability of the three cross -bands repeaters, agencies with disparate radio systems could communicate with each other. All public safety agencies within Whatcom county will be able to utilize these assets in times of disaster or other emergencies that require cross communications. Out of county agencies could use this resource as well. 2. Problem to be solved: Whatcom County lacks the infrastructure to support efficient interoperable public safety communications. Due to the unique terrain issues, frequency vetting problems with Canada under FCC's Line A rules, Whatcom has had great difficulty in enhancing radio systems. The cross band repeaters, that are equipped to handle LIHF, VHF, and 800 frequencies, will allow the greater part of public safety entities to communicate with each other. The project also fostered a cooperative relationship with federal agencies along the northern border as they have allowed the County to erect two of the repeaters on federally owned property with no obligation or cost. WSP has allowed the cross band repeaters on their Sumas tower to ride a microwave transmission to a fiber connection without cost. This project is a true partnership with other public safety agencies. It is much needed and lays the infrastructure for future build out to digital systems while retaining our present analogue radio system. 3a. Options /Advantages: There are other options that are much more costly. This project is federally funded so costs are kept to a minimum. Monday, May 16, 2011 Rpt: Rpt Suppl Regular Supplemental Budget Request Status: Pending Sheriff Operations Supp'r 1D # 1189 Fund 1 Cost Center 2957 Originator: Art Edge 3b. Cost savings: The county could fund the build -out of the present public safety radio system as recommended by the WhatComm funded consultant radio design study. That system is estimated to cost 12 million. Ideally the County radio system should be a simulcast radio system. This requires costly upgrades. The cross band repeaters are an integral piece of that design plan and therefore would already be in service when any future build out of the radio system occurs under this design study. The cross bands are merely a stop gap at this point that can enhance the current radio system. 4a. Outcomes: This project is slated to be complete by August 31 of this year. As stated before, the outcome will be enhanced radio interoperability among public safety agencies in Whatcom county. 4b. Measures: Public safety agencies will be able to communicate with one another when they were not able to do so in the past. 5a. Other Departments/Agencies: All other public safety agencies will be impacted as they will be able to utilize these repeaters in times of emergencies. All LE, Fire, DEM, and Federal agencies would be impacted. Federal authorities could access these repeaters if their communications channel is patched to our system via dispatch or a remotely dispatched communications van. 5b. Name the person in charge of implementation and what they are responsible for: Whatcom county is the lead for this project. No other entities are involved in the implementation of this project. 6. Funding Source: Federal Grant through Dept of Homeland Security administered by Wash. St. Military Dept. and passed through to Clallam and then to Whatcom County. Grant funding authority Agreement # 2007-GS-H7-0003, CFDA# 11.555 PSIC Monday, May 16, 2011 Rpt: Rpt Suppl Regular We WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011-196 CLEARANCES Initial Date Date Received in Council Office A enda Date Assigned to: Finance / Originator., 5/17/11 _; _ [ED�Division 5/24/11 Council Head: MAY 17 2011 Dept Head: Prosecutor. "i�f`; ��i� ('®n A COUNTY Vj�'� 9COUNCIL Purchasin /B d et: 5/ 17/ 11 ^l�l � 1 V r-e n �� CCJ NC Executive TITLE OFDOCUMENT. Approval to Award Bid 11-40 Van Conversion ATTACHMENTS: Memos from Finance and the Sheriff's Office SEPA review required ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) NO Requested Date: 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.) The Sheriff's Office is requesting approval to award the bid for the interior conversion and equipment installation of their communications van to the sole bidder. The vendor is TriVan. The total bid is $113,615.83. Funds for this purchase were approved in Supplemental Budget #3, Ordinance #2011-007. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #. Related File Numbers: Ordinance or Resolution Number. 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. 70 WHATCOM COUNTY Qk(`°M00 ADMINISTRATIVE SERVICES Whatcom County Courthouse A 311 Grand Avenue, Suite 108 Bellingham, WA 98225-4083 �9SH1NG 0 DDesler@co.whatcom.wa.us DEWEY G. DESLER Director DATE: 17 May 2011 TO: Pete Kremen, County Executive FROM: Brad Bennett, AS Finance Manager SUBJECT: Approval to Award Bid 11-40 Van Conversion FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us BRAD BENNETT Manager ■ Background & Purpose Bids were advertised for the interior conversion and installation of equipment in the communications van for the Sheriff's Office. One bid was received on Tuesday May 3 and is noted below. The Sheriff's Office feels this bid is of good value and is requesting approval to award to the TriVan Truck Body LLC in the amount of $113,615.83. ■ Funding The funds for this were approved in Supplemental Budget #3 Ordinance 2011-007 concur with this request. Admin. Services Finance Manager Approved as recommended: County Executive Date of Council Action Administration Facilities Management Finance/Accounting Human Resources Information Technology County Residents (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (360) 398-1310 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY (371 738-4555 WHATCOM COUNTY SHERIFFS OFFICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 5-5-11 Brad Bennett Whatcom County Courthouse Suite 503 Bellingham, WA. 98225 Dear Mr. Bennett JEFF PARKS UNDERSHERIFF ART EDGE CHIEF DEPUTY DOUG CHADWICK CHIEF DEPUTY STEVE COOLEY CHIEF INSPECTOR WENDY JOKES CHIEF OF CORRECTIONS As part of the Buffer Zone Protection Program (BZPP) grant, the Sheriff's Office recently went through the bid process for the interior conversion and equipment installation for the communications van. This purchase was pre -approved by the Washington Military Department Emergency Management Division and the US Department of Homeland Security during the BZPP application process. TriVan, a local company located on West Smith Rd., was the only bid submitted. Their bid of $113,615.83 met all of the bid criteria. The interior conversion and equipment installation is a critical phase of this project. Having the ability to work directly with TriVan and monitor progress is essential. Funding for this purchase is available from cost center 2982, Supplemental Ordinance 2011-006, Agenda Bill AB2011-089. I request and recommend the bid be awarded TriVan. Sincerely, l Bill Elfo, Sheriff Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Pdh; �- Safety. WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011 — 182 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Citizen 5/4/2011 5/24/2011 Public Works Division Head: Dept. Head: `' I Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Update on sewer plans in the vicinity of Harbor Shores ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO Requested Date: 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.) COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Count 's website at. www.co.whatcom.wa.us/council. 73 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-343 CLEARANCES Initial Date Date Received in Council O tce Agenda Date Assigned to: Originator: Matt Aamot M.A. 9116110 _ (� " E V E D ���� 912812010 Introduction Division Head: Wain Harrison `! �� /0 1011212010 P&D Committee Vv SEP 2 ° 2010 Council Dept. Head: q`17/j0 12/7/2010 P&D Committee Sam Ran y am' v`f i-ATC0M COUNTY Council Prosecutor: Royce Buckingham COUNCIL Purchasing/Budg Executive: Pete Kremen W TITLE F DOCUMENT: Foothills Subarea Plan and Related Amendments ATTACHMENTS: 1. Proposed Ordinance and Exhibits 2. Planning Commission Findings of Fact and Reasons for Action 3. Planning Commission Minutes from June 10 and June 24, 2010 SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( X') NO SEPA review completed? ( X ) Yes ( ) NO Requested Date 'The Council must hold a hearing if they want to change the Planning Commission's recommendation IWCC 216a 100(2)]. 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.) Adopt a new Foothills Subarea Plan and related comprehensive plan and zoning amendments. The Foothills Subarea Plan covers a portion of the east County including but not limited to the Columbia Valley, Kendall, Maple Falls, Glacier, forestry lands, rural lands, recreational developments, the North and Middle Forks of the Nooksack River, and a segment of the Mt. Baker Highway corridor. The existing Foothills Subarea Plan does not include Deming. However, it is proposed that the subarea boundary will be modified to include Deming in the new Subarea Plan. Related comprehensive plan and zoning amendments include: 1. Amending Whatcom County Comprehensive Plan Policy 2AA-12, relating to light impact industrial land uses and zoning in the Columbia Valley Urban Growth Area (UGA); 2. Amending zoning text to prohibit single family dwellings and restrict duplex and multi -family development in the General Commercial zoning district of the Columbia Valley UGA; 3. Amending the zoning map by rezoning approximately 40 acres east of the Columbia Valley UGA from Rural Forestry (RF) to Rural one dwelling/ten acres (R(10)) for consistency with the existing Rural comprehensive plan designation; and 4. Repealing the 1988 Foothills Subarea Plan. NOTE: Final approval of these amendments would occur as part of concurrent review of comprehensive plan amendments in early 2011. COMMITTEEACTION. COUNCIL ACTION. 10/12/2010: Discussed. Hold in committee 9/28/2010: Introduced until the Rural Element review (AB2010-072A) 10/12/2010: Held until Rural Element review is complete is complete 12/7/2010: Matt Aamot handed out a substitute ordinance. 12/07/2010: Council forKarded for concurrent review 7-0 Minor changes items 62 and 63 changing the name to with scrivener error corrected "Columbia Valley Water District" formerly Evergreen Water and Sewer District 19 (item #76). Motion to forward to concurrent review carried 3-0 Related County Contract #: Related File Numbers: 7 Ordinance or Resolution Number. CMP2007-00007 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. 74 WHATCOM COUNTY tc�M Co Planning & Development Services �rP; r `tip J.E. "Sam" Ryan 5280 Northwest Drive, Director Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 IN 0 360-738-2525 Fax May 13, 2011 To: The Honorable Whatcom County Council Pete Kremen, Honorable Whatcom County Executive From: Matt Aamot, Senior Planners �, - Through: Sam Ryan, Planning & Development Services Director 9C RE: Foothills Subarea Plan and Related Amendments (AB2010-343) On December 7, 2010, the County Council passed a motion (7-0) to forward the Foothills Subarea Plan and related amendments for concurrent review, subject to review for consistency with limited areas of more intensive rural development (LAMIRD) designations made through the rural land use planning process. The LAMIRD designations needed to be reviewed through the County -wide rural element process, before being incorporated into the subarea plan. As the rural element amendments were adopted on May 10, we have now included the LAMIRD changes into the Foothills Subarea Plan and are bringing it back to Council for final review. In addition, there are several other issues that should be addressed in the Subarea Plan: • Library - The North Fork Community Library in Kendall opened in late Feb. 2011. • Water District - The Evergreen Water & Sewer District changed its name to the Columbia Valley Water District (approved by the County Council under Resolution 2010-045). • Capital Facilities - The Whatcom County Six -Year Capital Improvement Program (adopted by the County Council in Ordinance 2010-064) changed time -lines for two trail projects in the Foothills area. The Foothills Plan has been modified to incorporate the rural element amendments and the above issues and is now ready for final review by the County Council. Final action on the Foothills Subarea Plan should occur at the same time as concurrent review of the other comprehensive plan amendments. Office (360) 676-6907 FAX (360) 738-2493 75 5-13-11 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: ORDINANCE NO. ADOPTING THE FOOTHILLS SUBAREA PLAN AND RELATED AMENDMENTS WHEREAS, The Whatcom County Council initiated the subject amendments for review -in 2G9; and WHEREAS, The Foothills Subarea Plan Advisory Committee issued a Revised Draft Foothills Subarea Plan on May 5, 2010; and WHEREAS, The Whatcom County Planning Commission held a public hearing on June 10, 2010; and WHEREAS, The Whatcom County Planning Commission recommended a Draft Foothills Subarea Plan and related amendments on June 24, 2010; and WHEREAS, The County Council hereby adopts the following fmdings of fact: FINDINGS OF FACT Background Information The subject proposal consists of the following comprehensive plan and zoning amendments: a. Adopting a new Foothills Subarea Plan and repealing the 1988 Subarea Plan; b. Amending Whatcom County Comprehensive Plan Policy 2AA-12, relating to light impact industrial zoning in the Columbia Valley Urban Growth Area (UGA); c. Amending zoning text to prohibit single family dwellings and restrict duplex and multi -family development in the General Commercial zoning district of the Columbia Valley UGA; and d. Amending the zoning map by rezoning approximately 40 acres east of the Columbia Valley UGA from Rural Forestry (RF) to Rural one dwelling/ten acres (R(10)) for consistency with the existing Rural comprehensive plan designation. 76 2. The Foothills Subarea Plan covers a portion of the east County including the Columbia Valley, Kendall, Maple Falls, Glacier, forestry lands, rural lands, recreational developments, the North and Middle Forks of the Nooksack River, and a segment of the Mount Baker Highway corridor. The 1988 Foothills Subarea Plan did not include Deming, but the Subarea boundary will be modified to include Deming in the new Subarea Plan. Whatcom County Comprehensive Plan Policy 2L-2 is to "Retain and periodically update the adopted Subarea Plans" including the Foothills Subarea Plan. The 1988 Foothills Subarea Plan had a 15-year planning period and is due for an update. 4. The County Council passed Resolution #2005-062 in November 2005 establishing a Foothills Subarea Plan Advisory Committee. The County Executive appointed 11 members to the Committee and the County Council confirmed these appointments. The members of the Committee represented their respective communities, recommended methods of reaching out to the community and obtaining public input, provided advice to the County Planning Department, reviewed work of the planning consultant, and recommended a Draft Foothills Subarea Plan in October 2007. The Foothills Subarea Plan Advisory Committee made modifications to the Draft Plan in 2010 to address the 10-Year UGA review, rural element review and other issues. State Environmental Policy Act In December 2007, the Planning and Development Services Department determined that a supplemental environmental impact statement (SEIS) would be prepared for the Draft Foothills Subarea Plan and alternatives. The Draft SEIS was issued on August 1, 2008. A public hearing on the Draft SEIS was held on September 4, 2008. The Final SEIS was issued on December 19, 2008. The Final SEIS studied land use, transportation, public schools, fire protection/EMS, law enforcement, water & sewer, parks, trails & activity centers, water quantity and water quality. 6. The Final SEIS evaluated three land use alternatives: a. The Draft Foothills Subarea Plan (Oct. 2007) with a modified planning horizon year, b. The No Action Alternative, which retained land use designations as they existed in 2008 when the EIS was completed; and c. The Rural/LAMIRD (Limited areas of more intensive rural development) alternative. Main features of this alternative included eliminating the Columbia Valley/Kendall Urban Growth Area (UGA) and reducing or eliminating areas of more intensive rural development in the Deming, Welcome, Maple Falls, and Glacier areas. 7. The subject amendments are within the range of alternatives studied in the EIS. 0a 77 Approval Criteria 8. The criteria of WCC 2.160.080, summarized below, must be satisfied in order to approve a comprehensive plan amendment. • The amendment conforms to the requirements of Growth Management Act (GMA), is internally consistent with the county -wide planning policies and is consistent with any interlocal planning agreements. • Further studies made or accepted by the department of planning and development services indicate changed conditions that show a need for the amendment. • 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: o The anticipated effect upon the rate or distribution of population growth, employment growth, development, and conversion of land as envisioned in the Comprehensive Plan. o The anticipated effect upon 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. o Anticipated impact upon designated agricultural, forest and mineral resource lands. • The amendment does not include or facilitate spot zoning. • Transfer of development rights may be required if an urban growth area is expanded. 9. In addition to comprehensive plan amendments, the subject proposal also includes several zoning amendments. Pursuant to WCC 20.90.050(4), the hearing body is to evaluate the zoning amendments in relationship to the goals, policies and objectives of the comprehensive plan. Subarea Plans 10. The GMA, in a section entitled "Optional Elements," states that a "comprehensive plan may include, where appropriate, subarea plans, each of which is consistent with the comprehensive plan" (RCW 36.70A.080). 11. The Western Washington Growth Management Hearings Board has stated that: Subarea plans are optional elements of a comprehensive plan. While a jurisdiction has discretion to utilize subarea plans, RCW 36.70A.080(2) requires that subarea plans be consistent with the comprehensive plan and are subject to the goals and requirements of the GMA. Subarea plans are, as the prefix "sub" implies, a subset of the comprehensive plan of a jurisdiction and they typically augment or amplify policies contained in the comprehensive plan. There is no GMA requirement that a subarea plan contain all the mandatory elements required by RCW 36.70A.070 (Campbell v. San Juan County, Case No. 09-2-0014, FDO, January 27, 2010). 12. The Foothills Subarea Plan is an optional element of the comprehensive plan that Whatcom County has chosen to develop, at the County's discretion, in order to facilitate community -based planning in the Foothills Subarea. Public Participation 13. GMA planning goals are set forth in RCW 36.70A.020. The GMA citizen participation and coordination planning goal is to "Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts" (RCW 36.70A.020 (11)). 14. County -wide Planning Policy A-2 states that: The county and the cities shall provide opportunities for citizens to become involved in the growth management planning process through various mechanisms, such as surveys, public workshops, meetings, hearings, and advisory committees. The method of citizen involvement may vary based on the needs and constituents in various communities and shall include representation of both rural and urban interests on those issues that affect both urban and rural areas. 15. The Foothills Subarea Plan Advisory Committee met more than 45 times between March 2006 and May 2010 in the effort of developing the Draft Foothills Subarea Plan. The Advisory Committee typically provided a period for public comments at their meetings. 16. Whatcom County Planning and Development Services Department, in conjunction with the Foothills Subarea Plan Advisory Committee and planning consultant Studio Cascade, hosted the following workshops in the process of developing the Subarea Plan: a. A series of four visioning workshops the week of June 5 through June 8, 2006. These meetings were held in Deming, Kendall, Glacier and Maple Falls; b. A Kendall Small Town workshop on September 15 and 16, 2006; c. A Columbia Valley Urban Growth Area (UGA) Workshop in Kendall on October 14, 2006; d. A Foothills Subarea Plan Policy Workshop in Deming on November 16, 2006; and e. A Draft Foothills Subarea Plan rollout meeting on October 15, 2007 at the Kendall Elementary School 17. Whatcom County Planning and Development Services Department, in conjunction with the Foothills Subarea Plan Advisory Committee and planning consultant Studio Cascade, circulated a questionnaire in October and November 2006. The results of the questionnaire are presented in the Foothills Subarea Plan Questionnaire Report (January 2007). 18. The Planning Commission held a work session on the Draft Foothills Subarea Plan (October 2007 version) on November 29, 2007. 4 79 19. The Planning Commission held public hearings on the Draft Foothills Subarea Plan on January 15, 2009 and June 10, 2010. Urban Growth 20. GMA planning goal # 1 is to "Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner." Under the GMA, urban growth areas have been designated pursuant to RCW 36.70A.110. 21. County -wide Planning Policy C-1 states "Urban growth needs shall be met by a combination of in -fill within cities and by growth within designated municipal and non - municipal Urban Growth Areas." This County -wide Planning Policy indicates UGAs that are not associated with an existing city, such as the Columbia Valley UGA, are appropriate to meet the urban growth needs in Whatcom County. 22. The Whatcom County Comprehensive Plan contains goals and policies supporting the Columbia Valley Urban Growth Area designation including Goal 2AA, Policy 2AA-6, and Policy 2AA-13. 23. Whatcom County Comprehensive Plan Land Use Action Plan item # 11 (chapter 2) is to: Revise county subarea plans to incorporate urban growth area boundaries as identified in this plan, ensure consistency with this plan, and eliminate any redundancy in policy. Continue to implement existing subarea plan action items that are consistent with this plan. 24. The Columbia Valley UGA was adopted by the Whatcom County Council in 1999 (Ordinance 99-075). 25. Whatcom County re -affirmed that the Columbia Valley would retain UGA status, but reduced the size of the UGA, in November 2009 in the context of the 10-year urban growth area review (Ordinance 2009-071). 26. The majority of the Foothills Subarea Plan Advisory Committee recommended a Draft Foothills Subarea Plan (May 2010) that retains and supports the Columbia Valley UGA. 27. There are two large residential subdivisions with urban densities and a recreational development existing in the Columbia Valley UGA. The Columbia Valley UGA had an estimated 2006 population of 3,853, which was larger than three cities in Whatcom County. Portions of the UGA are already characterized by urban growth as defined by RCW 36.70A.030 (19). 5 :1 28. In November 2009, the County Council rezoned land within the Columbia Valley UGA to General Commercial (GC), in conjunction with the 10-year UGA review. This GC zone, which allows commercial, institutional and high density residential land uses, coincides with the Planned Town Center in the Foothills Subarea Plan. 29. The Foothills Subarea Plan contains goals and policies that address development and public facilities in the Columbia Valley UGA. Low Density Sprawl 30. GMA planning goal # 2 is to "Reduce the inappropriate conversion of undeveloped land into sprawling, low -density development." 31. The Foothills Subarea Plan protects land from sprawling low -density development because: a. The Whatcom County Comprehensive Plan encourages net densities of 4 dwellings/acre in the Columbia Valley UGA (Goal 2P) and the LTR4 zoning district establishes a minimum net density of 4 dwellings/acre when public water and sewer are provided (WCC 20.20.252). When public water and sewer are not provided, the maximum density is one dwelling/ten acres and development must be clustered to allow future urban development once water and sewer are available. The UGA occupies less than 1 % of the land in the Foothills Subarea. A total population of 5,000 was allocated to the Columbia Valley UGA for the 2029 planning horizon year, which was near the low end of the alternative population allocations studied in the environmental impact statement for the 10-year UGA review. b. Approximately 88% of the land within the Foothills Subarea is designated resource lands (mostly forestry, but also mineral resource and agricultural lands). The development regulations for these resource lands do not permit sprawling, low density development. c. About 11% of the land within the Subarea is classified as rural under the comprehensive plan. Transportation 32. GMA planning goal # 3 is to "Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans." 33. County -wide Planning Policy J-2 states that "Whatcom County jurisdictions shall encourage alternative modes of transportation to the single occupancy vehicle..." 34. The primary transportation routes to and from the Foothills Subarea are State highways. There are also a number of County roads in the Subarea. Chapter 6 of the Foothills Subarea Plan indentifies needed highway improvements within the Foothills Subarea, including improvements within the 20-year planning period to the Mount Baker Highway/Kendall Rd. intersection and the Mount Baker Highway/Valley Highway intersection. 35. The Foothills Subarea Plan contains policies to promote and encourage public transit, bikeways, and pedestrian walkways (Goal T 11 and associated policies in chapter 6). 36. Because of the recreational nature of the Foothills and Mount Baker region, one of the issues identified in the planning process was the impact of new development on weekend traffic, especially on Mount Baker Highway. This issue is addressed by Policy T 11-E in chapter 6 of the Foothills Subarea Plan. 37. The Foothills Subarea Plan encourages job growth in the Columbia Valley UGA, which should provide opportunities for people in the area to work closer to their homes. Housing 38. GMA planning goal # 4 is to "Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock." 39. County -wide Planning Policy G-2 states that "The county and the cities shall plan for a range of housing types and costs commensurate with their affordable housing needs." 40. The Foothills Subarea Plan contains policies to encourage affordable housing, provide for a variety of housing types, and rehabilitate existing housing (Chapter 3). Permitted zoning densities in the Foothills Subarea range from 18 dwellings/acre in the Columbia Valley UGA Planned Town Center to one dwelling/40 acres in the Agriculture zone, with a variety of densities in between. Economic Development 41. GMA planning goal # 5 is to "Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities." 7 42. County -wide Planning Policy I-7 states: Economic vitality and job development shall be encouraged in all the cities and in designated areas of the county consistent with community growth policies, particularly addressing adequacy of transportation corridors, public transportation, impacts on the environment, and the ability of the area to provide urban services. 43. The Foothills Subarea Plan includes a Planned Town Center comprehensive plan designation that is centrally located in the Columbia Valley UGA. The Planned Town Center designation is intended to be a mixed use area consisting of commercial uses, a variety of high density residential housing types, and institutional uses. The UGA also includes a planned light impact industrial area. 44. The Rural CommunitiesCenters of Deming, Kendall, Maple Falls and Glacier contain commercial zoning districts that can accommodate job growth. Other rural areas in the Foothills Subarea allow home occupations and cottage industries. 45. Designated forestry lands allow related resource -based industries. Property Rights 46. GMA planning goal # 6 states that "Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions." 47. The Attorney General's Advisory Memorandum: Avoiding Unconstitutional Takings of Private Property (December 2006) has been reviewed and it does not appear that the regulatory amendments would result in a "taking" of private property. Permitting 48. GMA planning goal # 7 states "Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability." 49. The Foothills Subarea Plan supports timely permit processing and clear development regulations (Policy EC4-E in chapter 7). Resource Lands and Industries 50. GMA planning goal # 8 is to "Maintain and enhance natural resource -based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses." 51. County -wide Planning Policy I-9 states: The County and the cities recognize the need for the protection and utilization of natural resources and resource lands including agricultural, mineral, forestry and fishing. As part of a broad based economy, productive timber, agriculture and fisheries industries should be supported in a sustainable manner. 52. Policies in the Foothills Subarea Plan discourage re -designation of Rural Forestry and Commercial Forestry comprehensive plan designations to UGA (see Policy LU1-D in chapter 2 and Policy RL1-A in chapter 8). 53. Policies in the Foothills Subarea Plan also discourage rezoning Commercial Forestry and Rural Forestry zoning districts to allow more dwellings or increased intensity of use (see Policies LU 1-B and LU 1-C in Chapter 2). Open Space/Recreation/Fish & Wildlife 54. GMA planning goal # 9 is to "Retain open space, enhance recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks and recreation facilities." 55. County -wide Planning Policy H-1 states: Adequate open space is vital to the quality of life and sense of place in Whatcom County. The county, cities, Port of Bellingham, and other appropriate jurisdictions should coordinate protection of linked greenbelts, within and between Urban Growth Areas, parks, and open space to protect wildlife corridors and to enhance recreational opportunities, public access and trail development. 56. The Foothills Subarea Plan contains provisions relating to preservation of open space (Policies LU1-G and LU1-I in chapter 2), promotion of recreational opportunities (Recreation goals and policies in chapter 9), and protection of fish and wildlife habitat (Goal EN and associated policies in chapter 11). Environment 57. GMA planning goal # 10 is to "Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water." 58. County -wide Planning Policy N-1 states: The cities, and the county, in cooperation with other municipal corporations, tribal governments, federal and state agencies, and public and private utilities shall cooperate in the protection of water resources and in drawing upon said water to support growth. E EMA 59. The Foothills Subarea Plan contains policies to protect water quality and quantity (Goal ENl and associated policies in chapter 11). The Plan also addresses air pollution (Policy T4-C in chapter 6) and contains an implementation project in chapter 15 to study air quality in UGA. Public Facilities 60. 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." 61. County -wide Planning Policy E-4 states: The County shall assure that there are plans to provide appropriate levels of urban facilities and services within non -city Urban Growth Areas. These plans should be developed by special purpose districts, water associations and private service providers within each of these Areas, and should be implemented, where appropriate, through interlocal agreements... 62. Water District 13 and Columbia Valley Water District DistFiet 19 serve the Columbia Valley UGA with public water. Together, they have sufficient water connections available to serve planned residential growth in the UGA. 63. Pursuant to state regulations, Columbia Valley Water DistrictEver-gr-een Watef and Sewer Distrie is required to update its water system plan in 2010. 64. Pursuant to state regulations, Water District 13 is required to update its water system plan in 2011. 65. Water District 13 provides sewer service to a portion of the Columbia Valley UGA. The District is in the process of updating its comprehensive sewer plan. 66. Fire District 14 serves the Columbia Valley UGA. The District is in the process of updating its capital facilities plan. 67. The Whatcom County Comprehensive Plan was amended in 2004 to allocate a population projection of 5,000 people to the Columbia Valley UGA (Ordinance 2004-013). Whatcom County maintained this allocation in the 10-year urban growth area review in 2009, as capital facility planning did not support allocation of additional population (Ordinance 2009-071). 10 68. The water purveyors serving the Rural Communitiescenters in Maple Falls and Glacier have sufficient water for planned growth. The Deming water system will need improvements to serve growth in the Rural CommunitvCei#. The Kendall Rural Communit Genter is not served by a water district or association at the current time. Historical and Archaeological 69. GMA planning goal # 13 is to "Identify and encourage the preservation of lands, sites, and structures, that have historical or archaeological significance." 70. The Foothills Subarea Plan policies support the recognition and preservation of culturally and historically significant sites within the Foothills (Policies LU5-13 and LU5-C). Accommodation of Growth 71. RCW 36.70A.115 indicates that Counties and cities shall ensure that, taken collectively, adoption of and amendments to their comprehensive plans and/or development regulations provide sufficient capacity of land suitable for development within their jurisdictions to accommodate their allocated housing and employment growth, including commercial, industrial, medical, governmental, educational and institutional. 72. WAC 365-196-325 clarifies that the land capacity analyses required under RCW 36.70A.115 are primarily to take place at the periodic reviews that counties and cities undertake. However, land capacity estimates are recommended during review of other comprehensive plan and development regulation amendments, if they increase or decrease allowed densities. 73. A land capacity analysis for the Columbia Valley UGA conducted at the time of the 10- year UGA review in 2009 demonstrates that it can accommodate allocated population and employment growth. 74. A review of land available in rural areas indicates that these areas can accommodate allocated population and employment growth. 75. The subarea planning process has identified the importance of medical facilities and other services in the Foothills. The zoning districts in the Foothills Subarea allow a variety of medical, governmental, educational and institutional land uses. Interlocal Agreement 76. The Foothills Subarea does not include any cities agreements affeeting the subarea plan. Whatcom County and Columbia Valley Water District entered into an interlocal agreement in December 2010 to coordinate land use and utility planning_ 11 Further Studies/Changed Conditions 77. The 1988 Foothills Subarea Plan had a 15-year planning horizon and, with the passage of time, has become outdated. 78. Review by the Foothills Subarea Plan Advisory Committee has resulted in new information and proposed policies. 79. The Foothills Subarea Plan Final Supplemental Environmental Impact Statement (December 2008), incorporated a transportation analysis conducted by The Transpo Group and a water quantity and quality report prepared by Aspect Consulting. 80. The Columbia Valley UGA was adopted in 1999. Ordinance 2009-071, which was adopted by the County Council in November 2009, modified the boundary of the Columbia Valley UGA in the context of the 10-year UGA review. A land capacity analysis and environmental impact statement were prepared in association with this review. 81. Further studies, including information associated with the Foothills Subarea Plan Advisory Committee work, environmental impact statements, 10-year UGA review, and rural element revisions, indicate changed conditions that show a need for the subject amendments. Public Interest 82. It is in the public interest to repeal the 1988 Foothills Subarea Plan and replace it with the new Foothills Subarea Plan because: a. The new Foothills Subarea Plan is consistent with the rate and distribution of population growth, employment growth, development, and conversion of land envisioned in the Whatcom County Comprehensive Plan. b. While there are pre-existing public facility and service issues in the Foothills, adoption of the Subarea Plan does not create these issues. Rather, the Subarea Plan includes goals and policies that address public facility and service issues. C. Designated forestry, mineral resource and agricultural resource lands are protected by the policies in the Subarea Plan. d. The 1988 Foothills Subarea Plan had a 15-year planning period, was adopted prior to the Growth Management Act, and was adopted prior to the current Whatcom County Comprehensive Plan. The Foothills Subarea Plan Advisory Committee was appointed to recommend a new subarea plan, as a new plan is needed in order to address community issues and changed conditions since adoption of the 1988 Subarea Plan. 12 Spot Zoning 83. The Official Whatcom County Zoning Ordinance (Title 20) defines illegal spot zoning as follows: "Illegal spot zoning" means a zoning action by which a smaller area is singled out of a larger area or district and specially zoned for a use classification totally different from, and inconsistent with, the classification of surrounding land and not in accordance with the Comprehensive Plan. Spot zoning is zoning for private gain designed to favor or benefit a particular individual or group and not the welfare of the community as a whole (WCC 20.97.186). 84. Under the Foothills Subarea Plan, it is anticipated that area within the UGA, north of Limestone Rd., would be rezoned to Light Impact Industrial within the 20-year planning period. Whatcom County Comprehensive Plan Policy 2AA-12 and Foothills Subarea Plan Policy CV 1-D in chapter 12 support considering a rezone of this area to Light Impact Industrial after certain conditions are met. The rationale for the Foothills Subarea Plan policy direction includes providing jobs in the UGA, which would benefit the community as a whole. Therefore, any future rezoning to Light Impact Industrial in the UGA that meets the conditions set forth in the comprehensive plan would not constitute illegal spot zoning. 85. The subject amendments include rezoning approximately 40 acres immediately east of the Columbia Valley UGA from Rural Forestry (RF) to Rural one dwelling/ten acres (R(10)). The existing Whatcom County Comprehensive Plan designation is Rural. This property is not designated forestry land of long-term significance (see map 20 in chapter 8 of the Whatcom County Comprehensive Plan). The primary purpose of the RF zoning district is to "implement the forestry designation of the Whatcom County Comprehensive Plan" (WCC 20.42.010). The purpose statement for the RF zoning district does not include implementing the Rural comprehensive plan designation. Rezoning from RF to R(10) to would be consistent with and implement the existing Rural comprehensive plan designation. Therefore, the rezone would not constitute illegal spot zoning. 13 Transfer of Development Rights for Expanding UGAs 86. The comprehensive plan amendment criteria require transfer of development rights, with certain exceptions, if an urban growth area is being expanded. The Columbia Valley UGA was reduced in size from 1,489 acres to 1,156 acres in the 10-year UGA review in 2009 (see Ordinance 2009-071). This 2009 action reduced the size of the UGA by 333 acres or 22%. The Subarea Plan maintains the current UGA size. Therefore, transfer of development rights is not required. Whatcom County Comprehensive Plan Policy 2AA-12 87. The subject proposal includes an amendment to Whatcom County Comprehensive Plan Policy 2AA-12, which relates to light impact industrial zoning in the Columbia Valley UGA north of Limestone Rd. 88. The subject amendment would reference the more detailed policies in the Foothills Subarea Plan, while avoiding the redundancy of repeating this language in the County Comprehensive Plan. General Commercial Zoning Text Amendment 89. Whatcom County adopted General Commercial (GC) zoning in the Columbia Valley UGA in 2009 in conjunction with the 10-year UGA review. This GC zone coincides with the Planned Town Center designation in the Foothills Subarea Plan. 90. The subject proposal includes two amendments to the General Commercial zoning district text. 91. The first amendment would prohibit single family dwellings in the General Commercial zone within the Columbia Valley UGA. 92. The second amendment would limit duplex and multi -family development to 25% of the total land area in the General Commercial zone, except that this would not apply to dwellings above ground floor commercial development. 93. The intent is to preserve land in the Planned Town Center (which is zoned General Commercial) for commercial, higher density residential and institutional uses in order to implement Foothills Subarea Plan Policy CV1-E (chapter 12). 14 i• CONCLUSIONS 1. The subject comprehensive plan amendments satisfy the approval criteria of WCC 2.160.080. 2. The subject comprehensive plan amendments conform to applicable requirements of the Growth Management Act and are consistent with county -wide planning policies. 3. Changed conditions show a need for the subject comprehensive plan amendments. These changed conditions include adoption of an ordinance relating to the 10-year UGA review, amendments to the rural element of the comprehensive plan, the fact that the existing Subarea Plan from 1988 is outdated, and new information and policies developed by the Foothills Subarea Plan Advisory Committee. 4. The subject comprehensive plan amendments serve the public interest by guiding urban and rural development as envisioned in the Whatcom County Comprehensive Plan, and. by conserving designated resource lands. 5. The subject amendments do not include or facilitate spot zoning. The subject zoning amendments are consistent with and implement the comprehensive plan. 15 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Foothills Subarea Plan is hereby adopted as shown on Exhibit A. Section 2. Whatcom County Comprehensive Plan Policy 2AA-12 is hereby amended as shown on Exhibit B. Section 3. The Official Whatcom County Zoning Ordinance, Chapter 20.62 (the General Commercial District text), is hereby amended as shown on Exhibit C. Section 4. The Official Whatcom County zoning map is hereby amended as shown on Exhibit D. Section 5. The 1988 Foothills Subarea Plan is hereby repealed in its entirety. Section 6. 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 , 2011. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk APPROVED as to form: Civil Deputy Prosecutor Date: 16 Sam Crawford, Chairperson () Approved () Denied Pete Kremen, Executive 91 WRIKI r-IlL . . . . . . . . . . . ik E May 2011 Exhibit 'A 92 Acknowledgements May 2011-Juaa-t--2-aW Whatcom County Executive Pete Kremen Whatcom County Council 2( 011) Barbara Brenner Sam Crawford Kathy Kershner Bill Knutzen Tony Larson Kenn Mann herd-NelsGR Carl Weimer Whatcom County Planning Commission 2010 John Belisle Rabel Burdge Rod Erickson Gary Honcoop John Lesow Michelle Luke Jean Melious Jeff Rainey Mary Beth Teigrob Foothills Subarea Plan Advisory Committee Richard Banel Business Community Phil Cloward, Vice Chair Forestry William (Bill)Coleman Nooksack Tribe Jan Eskola At Large Gary Gehling, Chair Rural Gerald Kern Columbia Valley UGA/Kendall Beth Morgan Columbia Valley UGA/Kendall Amy Mower Maple Falls area Norma Otto Columbia Valley UGA/Kendall Lou Piotrowski Glacier area Cynthia Purdy Deming area Former Members: Alan Seid Sean Wilson E 93 Whatcom County Planning and Development Services Staff J.E. "Sam" Ryan, 4#er+r4-Director Roxanne Michael, Long Range Planning Manager Matt Aamot, Senior Planner/Project Manager Sarah Watts, GIS Specialist III Becky Boxx, Coordinator Pam Brown, Division Secretary Washington State Department of Transportation Todd Carlson, Planning and Engineering Services Manager Roland Storme, Development Services Manager Elizabeth Sjostrom, Highway System Planner Michael Koidal, Transportation Data Engineer Consultants Studio Cascade, Inc. David Stalheim, Former Director Hal Hart, Former Director Dennis Rhodes, Former Assistant Director Linda Peterson, Former Planning Division Manager John Everett, Former Senior Planner/Transportation Sharon Digby, Former Extra Help Penny Harrison, Former Extra Help Tim Hostetler, Former Assistant Planning Manager ECONorthwest ii Table of Contents 1 Introduction and Population Projections 1-1 Background 1-1 Exisfina Land Uses 1-4 Population Forecast 1-4 2 Land Use 2-1 Land Use History 2-1 Essential Public Facilities 2-1 Whatcom County Comprehensive Plan Goals and Policies 2-2 Future Demand and Supply 2-2 Planning Context 2-3 Vision 2-4 Land Use Planning Issues 2-6 Planning Concept 2-7 Land Use Scenarios 2-8 Adopted Land Use Scenario 2-8 Lands for Public Purpose 2-16 Foothills Subarea Plan Goals and Policies 2-17 3 Housina 3-1 Existing Conditions 3-1 Whatcom County Comprehensive Plan Goals and Policies 3-2 Housing Issues 3-2 Planning Concept 3-4 Foothills Subarea Plan Goals and Policies 3-5 4 County Capital Facilities 4-1 Existing Facilities 4-1 Whatcom County Comprehensive Plan Goals and Policies 4-2 Capital Facilities Issues 4-2 Future Needs 4-2 Foothills Subarea Plan Goals and Policies 4-5 5 Utilities 5-1 Existing Conditions 5-1 Whatcom County Comprehensive Plan Goals and Policies 5-4 Utilities Issues 5-4 Foothills Subarea Plan Goals and Policies 5-5 6 Transportation 6-1 Movement 6-1 Whatcom County Comprehensive Plan Goals and Policies 6-3 Level -of -Service Standards 6-3 Planning Issues 6-3 Planning Concept 6-3 Proposed New Roads and Facilities 6-5 Foothills Subarea Plan Goals and Policies 6-6 7 Economics 7-1 Background 7-1 Whatcom County Comprehensive Plan Goals and Policies 7-6 Planning Issues 7-6 Planning Concept 7-6 Foothills Subarea Plan Goals and Policies 7-7 8 Resource Lands 8-1 Whatcom County Comprehensive Plan Goals and Policies 8-1 Planning Issues 8-2 Planning Concept 8-2 Foothills Subarea Plan Goals and Policies 8-2 Pin 95 9 Recreation 9-1 Existing Facilities 9-1 Whatcom County Comprehensive Plan Goals and Policies 9-2 Planning Issues 9-3 Planning Concept 9-3 Foothills Subarea Plan Goals and Policies 9-3 10 Community Facilities, Schools, Sheriff, Fire Protections, Emergency Medical Services and Solid Waste Management 10-1 Existing Facilities 10-1 Proposed Facilities 10-2 Whatcom County Comprehensive Plan Goals and Policies 10-3 Foothills Subarea Plan Goals and Policies 10-4 11 Environment 11-1 Surface Water 11-1 Ground Water 1 1-4 Plants and Wildlife 11-5 Geologic Hazards 1 1-7 Whatcom County Comprehensive Plan Goals and Policies 1 1-8 Planning Concept 1 1-8 Foothills Subarea Plan Goals and Policies 1 1-9 12 Columbia Valley Urban Growth Area (UGA) 12-1 Issues 12-1 Community Workshops 12-1 Planning Concept 12-2 Goals and Policies 12-9 13 Kendall Rural-Genterltural Community_ Master Plan 13-1 Kendall Workshop 13-1 Vision Assessment —Today, Tomorrow, Means 13-2 Assessment of Opportunities and Constraints 13-3 Design Objectives — Prioritized 13-5 Columbia Valley UGA Workshop 13-7 Subarea Plan Directives 13-9 Existing Conditions 13-9 Master Plan Design Program Objectives 13-10 Master Plan 13-1 1 Policy References 13-13 14 Public Participation Program 14-1 Workshops 14-1 Draft Plan Rollout 14-2 Foothills Subarea Plan Advisory Committee 14-2 Questionnaire 14-2 Environmental Review 14-3 10-Year UGA Review 14-3 Planning Commission 14-3 Website 14-3 Policies 14-3 15 Implementation 15-1 Projects 15-1 Implementation Tasks 15-6 Implementation Committees 15-7 Appendix A — Bibliography A-1 iv •e Index of Tables Table 1.1 - 2006 Foothills Population Estimate 1-2 Table 1.2 - Occupancy by Location, 2006 1-3 Table 1.3-Acres and Percentage of Foothills Subarea by Land Use, 2007 1-4 Table 1.4 - ECONorthwest Proposed Population Forecasts 1-5 Table 1.5 - Foothills Subarea Plan adopted population forecast 1-5 Table 3.1 - Dwelling Unit Analysis, Foothills Subarea and Whatcom County 3-3 Table 3.2 - 2006 Dwelling Unit Estimates 3-3 Table 3.3 - Projected Subarea Dwelling Units by Location, 2006-2029 3-4 Table 4.1 - Existing County Facilities 4-1 Table 4.2 - Proposed County Capital Facilities 4-4 Table 5.1 -Additional water connections to serve the UGA 5-2 Table 7.1 - Covered employment in the Foothills Subarea by sector acid industry, 2005 7-2 Table 7.2 - Employment forecast by land use type, Foothills Subarea 7-4 Table 8.1 - Resource lands in the Foothills Subarea, 8-1 Table 9.1 - Existing Park Facilities 9-1 Table 11.1-303(d), Category 5 listed water bodies in the subarea and associated nonpoint pollution source 11-3 Table 12.1 - Relevant policies for the Columbia Valley UGA from other chapters 12-9 Table 13.1 -Vision Assessment 13-2 Table 13.2 - Opportunities and Constraints 13-3 Table 13.3 - Relevant policies for the Kendall Riurnl Genie Rural Communes_ from other chapters 13-13 Table 14.1 - Relevant policies for public participation from other chapters 14-3 Table 15.1 - Implementation Projects (Candidates for County Funding) 15-2 Table 15.2 - Implementation Projects (Candidates for non -County Funding) 15-4 v 97 Index of Figures Figure 13.1 - Photo from Kendall workshop field exercises 13-4 Figure 13.2 - Design concepts generated by Kendall workshop participants 13-6 Figure 13.3 - Conceptual connectivity between Kendall and the Columbia Valley town center 13 7 Figure 13.4 - Oblique aerial illustrating Kendall's relationship to the Columbia Valley 13-8 Figure 13.5 -Aerial photograph of Kendall 13-9 Figure 13.6- Existing building footprints in Kendall 13-11 Figure 13.7- Kendall Master Plan Concept 13-12 Index of Maps Map 2.1: Deming 2-10 Map 2.2: Welcome 2-11 Map 2.3: Columbia Valley 2-12 Map 2.4: Maple Falls 2-13 Map 2.5: Glacier 2-14 Map 3.1: Housing -Housing Types 3-6 Map 4.1: County Capital Facilities 4-6 Map 6.1: Transportation - State/County Road Functional Class 6-10 Map 6.2: Whatcom Transportation Authority (WTA) Transit Route 6-11 Map 8.1: Designated Resource Lands 8-4 Map 10.1: Community Facilities 10-6 Map 1 1.1: Critical Areas Article IN - Geologically Hazardous Areas (GHA 11-11 Map 11.2: Critical Areas Article III - Seismic Hazard Areas (GHA2) - Liquefaction 1 1-12 Map 11.3: Critical Areas Article III - Seismic Hazard Areas (GHA2) - Potential for Enhanced Ground Shaking 11-13 Map 11.4: Critical Areas Article III - Volcanic Hazards (GHA4) 1 1-14 Map 11.5: Critical Areas Article IV - Frequently Flooded Areas 11-15 Map 1 1.6: Critical Areas Article V - Critical Aquifer Recharge Areas 11-16 Map 1 1.7: Critical Areas Article VI - Wetlands 11-17 Map 11.8: Critical Areas Article VII - Wildlife Habitat Conservation Areas (HCA) 11-18 Map 1 1.9: Critical Areas Article VII - Fish Habitat Conservation Areas 1 1-19 vi E• Foothills Subarea Plan, Chapter 1 - May 2011 1 Introduction and Population Projections This subarea plan updates and replaces the November 1988 Foothills Subarea component of the Whatcom County Comprehensive Land Use Plan. That 1988 plan was prepared before the 1990 adoption of the Growth Management Act (GMA), and is now more than 20 years old. While the plan has been an appropriate tool for the direction and regulation of development in the Foothills area, it is now out of date and must be replaced with a new subarea plan to address shifts in population and changes in the regulatory context over the past 20 years. The current comprehensive plan for Whatcom County was updated in 2009. It directs the County to review and update its subarea plans to ensure they are compliant with the new comprehensive plan. The comprehensive plan is intended to guide growth in unincorporated areas for the next 20 years and it contains descriptions of existing conditions related to land use, the physical environment, transportation, and capital facilities and utilities. The Whatcom County Comprehensive Plan addresses the requirements of the Growth Management Act (GMA), the planning goals of the GMA (RCW 36.70A.020), mandatory plan elements (RCW 36.70A.070), and the current County Wide Planning Policies. The GMA authorizes adoption of subarea plans that are consistent with the county -wide comprehensive plan, but does not require such subarea plans. Whatcom County has chosen to meet GMA requirements primarily through the Whatcom County Comprehensive Plan and associated development regulations. Subarea Plans are intended to provide local perspective and address issues of a particular community, but are not intended to address every requirement of the GMA. Whatcom County established the Foothills Subarea Plan as one of the most important plans for updating. The County allocated funds for the update in its 2006 budget, hired a consultant to prepare the plan and appointed a Foothills Subarea Plan Advisory Committee (FSPAC) to provide input and direction to the process. The update included four Vision Week workshops (June 5-8, 2006), a Kendall Small Town workshop (September 15-16, 2006), a Columbia Valley Urban Growth Area workshop (October 14, 2006), a Foothills Subarea Plan Policy workshop (November 16, 2006), a questionnaire (October -December 2006) and a number of Foothills Subarea Plan Advisory Committee meetings, ultimately resulting in a preferred alternative subarea plan submitted to the County's planning commission. The subarea plan's structure generally conforms to the structure of the County's comprehensive plan, simplifying comparisons between the two documents. Chapters of the subarea plan contain sections contained in the comprehensive plan, addressing those items that are relevant to the subarea and differentiating the subarea from the county as a whole. Background The Foothills Subarea consists of approximately 133,000 acres (208 square miles) in the northeast portion of Western Whatcom County. The northern boundary is the Canadian border and the Vedder Mountain ridge. The Mount Baker-Snoqualmie National Forest bounds the subarea on the east. The southern boundary generally follows the drainage divide between the Middle Fork and the South Fork of the Nooksack River, and the ridges of Sumas Mountain and Van Zandt Dike define the western boundary. The subarea boundary was modified in this subarea plan update to include the Deming area. Access to the subarea consists of Mount Baker Highway (SR542) from Bellingham, Reese Hill Rd. and South Pass Rd. from the west, Highway 9 and Mosquito Lake Road from the south, and Highway 9 from the north. The Sumas border crossing into British Columbia is just to the 1-1 Foothills Subarea Plan, Chapter 1 -May 2011plan ing Commission n,,, em-,,.. ded Version rune 2 2 n northwest. Unincorporated communities within the subarea include Deming, Welcome, Kendall, Maple Falls, and Glacier. There is also an urban growth area designated in the Columbia Valley that includes the Peaceful Valley and Paradise Lakes developments and adjacent lands. The Foothills communities of Deming, Kendall, Maple Falls and Glacier are nestled along the Nooksack River and Mount Baker Highway, among the foothills of Mount Baker. Deming is the most westerly town and is home to one of two libraries in the area. Mount Baker Junior High and Mount Baker High School, also located in Deming, provide secondary education to Foothills children and teens. The most populated communities are the subdivisions of Paradise Lakes and Peaceful Valley along Kendall Road near Kendall and within the Columbia Valley Urban Growth Area. Maple �'a'�aKendall, houses the second library in the Foothills_ and -Maple Falls serves as one of the gateways to Silver Lake. Glacier is the easternmost town before the Mount Baker ski area. These communities have deep roots in the Foothills, extending back into the early pioneer days. When settlers first arrived in the area, the Foothills were covered with dense blankets of giant evergreen trees. Places like Kendall and Deming were alive with resource -based economies. The primary resource, trees, kept the saw and shingle mills in business. Today, the communities of the Foothills still have some remnants of a resource -based economy, but more jobs are in education (employment at Kendall School, Mt. Baker Junior High, or Mt. Baker High School) or retail. Jobs are scarce in the Foothills, and residents often have to commute to Bellingham, Lynden, Everson, Sumas or Ferndale to find work. Population The Foothills Subarea 2006 population is estimated at 6,722 distributed throughout the subarea as shown in table 1.1. Table 1.1 — 2006 Foothills Population Estimate Area Population Columbia Valley Urban Growth Area 3,853 Glacier area 284 Maple Falls area 213 Deming 220 Remaining Subarea 2,152 Total: 6,722 Source: Record of Decisions and Recommendations of the Foothills Subarea Plan Advisonj Committee, December 6, 2006 In coordination with ECONorthwest, the Foothills Subarea Plan Advisory Committee established recommended population estimates for the various population centers in the Foothills. About 29 percent of the total dwellings in the subarea are classified as "seasonal, recreational, occasional dwellings." This suggests that the total number of units is greater than the number of households, resulting in a different set of demand characteristics than what might be expected where seasonal units do not represent such a high percentage of total units. Analysis by the Foothills Subarea Plan Advisory Committee indicates that seasonal use is especially high in the Glacier area. Additionally, the percentage of homes in the Columbia Valley Urban Growth Area that are for seasonal use has declined, suggesting that these units have been converted from seasonal use to year-round use. It also makes it tricky to estimate and forecast resident 1-2 100 Foothills Subarea Plan, Chapter 1- May 2011t'xgEeaau}i1e T ^ +, �n, n population based on the number of households, especially when the proportion of seasonal units fluctuates. Table 1.2 — Occupancy by Location, 2006 Seasonal, Vacant Area Year Round Recreational, (unoccupied) Total Dwellings Occasional Dwellings Dwellings Dwellings Columbia Valley Urban Growth 1,239 126 16 1,381 Area Glacier 22 10 5 37 Glacier area — Mt. Baker Rim 40 239 22 301 Glacier area — Snowline Subdivision 35 191 6 232 Glacier area — Snowater & Snowline 3 210 11 224 Condos Glacier area — Glacier 28 68 5 101 Springs/Glacier Greene Maple Falls 29 0 2 31 Maple Falls area — Cascades 47 3 5 55 West/Rivendell Estates Deming 76 3 5 84 Remaining Subarea 739 133 76 948 Foothills Subarea Total: 2,258 983 153 3,394 Source: Foothills Subarea Plan Advisonj Committee Recommendations and Decisions, attachment. December 6, 2006 Additionally, Camper's Paradise, The Glen at Maple Falls, and Black Mountain Ranch accommodate approximately 2,500 recreational units (RVs and park models). According to Washington State estimates, unincorporated areas throughout Whatcom County grew 37 percent between 2000 and 2006. The Columbia Valley was the fastest growing area, in terms of average annual growth rates, in Whatcom County during the 1990s. As of the beginning of the 2009 school year, the Mount Baker School District had experienced a drop in school enrollment over the last five years. Demographics The culturally diverse demographic makeup of the county's population has an effect on land use and demand for public services. Variations in household size, resident ages, and household incomes throughout the Foothills make this a diverse community. The cyclical influx of seasonal residents, many from Canada and who maintain recreational homes in parts of the county, also adds to the diversity mix. 1-3 101 Foothills Subarea Plan, Chapter 1 - May 2011 Planning Existing Land Uses Table 1.3 details how existing land uses are allocated within the Foothills, indicating the acres devoted to each land use type and the percentage of the subarea each land use occupies. Table 1.3 — Acres and Percentage of Foothills Subarea by Land Use, 2007 Land Use Total Acres Percent of Subarea Forestry 114,652 86.21 A riculture 3,003 2.26 Residential 5,569 4.19 Vacant 4,102 3.08 Minin /Fishin /Related Uses 655 0.49 Public & Utilities 1,647 1.24 Industrial & Manufacturing 17 0.01 Commercial & Services 108 0.08 Nooksack Tribal Ownership 88 0.07 Property with no code (water bodies, streams, Nooksack River meander, roads, etc. 3,147 2.37 Total 132,988 100.00 Source: Whatcom Counhj Assessor, 2007 Population Forecast The purpose of population forecasting, as it relates to land use planning, is to accommodate the long-term spatial requirements of various land uses such as residences, commerce, industry, recreation, and public facilities. Population forecasting also helps land use decision making for related matters, such as determining the appropriate scale and location of public works facilities and land development activities. Population forecasts are subject to revision which may be accomplished in the comprehensive plan update process. ECONorthwest prepared a range of proposed forecasts for this subarea plan (Table 1.4). The Foothills Subarea Plan Advisory Committee took these numbers and other considerations into account and established a recommended population forecast, which was modified for the Columbia Valley UGA and "remaining subarea" (rural and resource lands). The adopted forecast for the Foothills Subarea is shown below (Table 1.5). 1-4 102 Foothills Subarea Plan Chapter 1 - May 2011anni ^pro^.. �zn, cenune 'med TQ ')A ')Aln Table 1.4 - ECONorthwest Proposed Population Forecasts Columbia Maple Remaining Total Valley Glacier Falls Deming Subarea Population UGA Low Growth Assumption 2006 3,853 284 213 220 2,152 6,722 2017 4,602 300 225 233 2,274 7,633 2027 5,270 314 236 244 2,381 8,445 Baseline Growth Assumption 2006 3,853 284 213 220 2,152 6,722 2017 5,248 313 235 1 243 2,372 8,411 2027 6,483 338 254 1 262 2,563 9,900 High Growth Assumption 2006 3,853 284 213 220 2,152 6,722 2017 6,382 340 255 263 2,575 9,815 2027 9,084 397 297 307 3,004 13,090 Source: December 2006, Foothills Subarea Population Forecast, ECONorthivest. Table 1.5 - Foothills Subarea Plan adopted population forecast Population 2029 Population Increase from ECONorthwest Growth Projection 2006-2029 Assumption Columbia Valley 5,000 1,147 Below the low growth UGA assumption Glacier 397 113 High Maple Falls 254 41 Baseline Deming 262 42 Baseline Remaining 2,563 411 Baseline Subarea Total Population 8,476 1,754 Source: For the Columbia Valley UGA, County Council motion of March 17, 2009 and adoption of Ordinance 2009-071 on November 24, 2009. For Glacier, Maple Falls and Deming, Record of Decisions and Recommendations of the Foothills Subarea Plan Advisonj Committee, December 20, 2006. For the Remaining Subarea, ECONorthruest baseline projection from the Foothills Subarea Population Forecast, December 2006. The ECONortlavest Population forecast report of December 1, 2006, page 11, suggested that the Baseline Growth Assumption be used in the Foothills Subarea Plan. Forecasting is usually better, and better received, if it is based on a model of how the world works. In the context of housing and economic development, that understanding must certainly include how households and businesses make decisions about where to locate and what types of buildings to occupy. In the context of land use and growth management, the main variables that must be forecast are population and employment. The demand for built space creates a derived demand for land upon which to build that space. Small area forecasts, such as those for the Foothills subarea, are difficult, and there are several limitations associated with forecasts like these: 1-5 103 Foothills Subarea Plan, Chapter 1- May 2011rn..r �,- n b on n .,,,,,a VeFsn r.. 24 2010 • Projections for population in most cities and counties are simple projections of past growth rates into the future. They have no quantitative connection to the underlying factors that explain why and how much growth will occur. • Even if planners had a sophisticated model that links all these important variables together, they would still face the problem of having to reforecast the future of the variables that they are using to forecast growth. All forecasting requires making assumptions about the future. • Comparisons of past population projections to subsequent population counts have revealed that even much more sophisticated methods than the ones used in this study are often inaccurate. The smaller the area and the longer the period of time covered, the greater the inaccuracy will be for any statistical method. • Small areas start from a small base. An influx of 500 people in a city of 200,000 would have an overall impact on total population of 0.25 percent. An in migration of 500 people in a community of 10,000 would increase the community's population by more than 5 percent and dramatically increase the need for housing. • Small communities near metropolitan areas have high growth potential, however a sustained growth rate over 10 to 20 years is less likely. • Public policy makes a difference. jurisdictions can affect the rate of growth through infrastructure, land supply, incentives and other policies. Such policies generally do not have an impact on regional growth rates, but may cause shifts of population and employment within a region. The longer the forecast, the greater the potential is that actual population growth will vary from the forecast. This implies that jurisdictions should closely monitor actual population growth so that either plans can be modified to account for variations, or that policies can be implemented that increase the likelihood of achieving target populations. Conclusion This subarea plan integrates the population forecasts, community vision, land use plans, and a range of public policy direction into a single, comprehensive guide for the Foothills future. It is based on a blend of technical assessment, extensive community input, and professional judgment, adopted through an open, public process. It is a compendium of the community's voice, detailing a vision for the Foothills and the steps and actions designed to move in that direction. 1-6 104 Foothills Subarea Plan, Chapter 2 -May Versio rune 24y 2010 2 Land Use Land Use History In the 1970s and 1980s forestry was the prevalent land use, comprising 118,000 acres out of the approximately 133,000 acres in the Foothills Subarea, or 92.6 percent of the land area. Forest lands included large and small parcels owned and maintained by private interests, and nearly 54,000 acres were owned by the State of Washington and were managed by the Department of Natural Resources. Beef, hay, and Christmas tree farms were the second largest use, occupying 4,231 acres or 3.3 percent of the subarea. Residential uses, including single-family residences, vacation homes and cabins, and multi- family recreational developments, occupied 1,745 acres or 1.4 percent of the subarea. Private recreational facilities consisted of recreational vehicle and camping parks, church conference centers and a Boy Scout camp at Silver Lake. They occupied about 882 acres or 0.7 percent of the subarea. Commercial activities occupied about 0.04 percent (45 acres) of the subarea (which did not include Deming at that time). Commercial uses were concentrated in the unincorporated communities of Welcome, Kendall, Maple Falls, and Glacier and, with the exception of Glacier, primarily served the needs of the surrounding area. Approximately 1.3 percent of the subarea (1,690 acres) was vacant land. Light impact industrial uses included a 10-acre hydroelectric turbine and steel boat manufacturer, two small lumber mills, and a coil winding facility. Limestone, sand and gravel mining occupied 0.2 percent (248 acres) of the subarea. The remaining uses included aquaculture (the Kendall fish hatchery), communications, utilities, and transportation (Foothills Component of the Whatcom County Comprehensive Land Use Plan,1988, p.17). Essential Public Facilities Essential public facilities are defined by the Growth Management Act (GMA) as: Those facilities that are typically difficult to site, such as airports, state education facilities, state or regional transportation facilities as defined in RCW 47.06.140, state and local correctional facilities, solid waste handling facilities, and in -patient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities as defined in RCW 71.09.020. Additionally, Whatcom County has designated telecommunication towers, water treatment plants, water storage facilities, and sewer treatment plants as essential public facilities. Essential public facilities in the Foothills Subarea include, but are not limited to: • Water treatment and/or storage facilities operated by the Deming Water Association, Whatcom County Water District 13, Columbia Valley_ Water District,Evergreen-W-a#er-B:..Se-A er-District-19 Maple Falls Water Coop, Glacier Water District, and Glacier Springs Water Association; • A sewage treatment facility operated by Water District 13; • Communication towers; and • The Burlington Northern Sante Fe railroad tracks, which run through the southwestern corner of the Foothills Subarea. 2-1 105 Foothills Subarea Plan, Chapter 2 - May 2011AaF&g-Gamm ism'. Roca tend a v, .. June 2 20 n Other essential public facilities may need to locate in the subarea in response to subarea growth, threat from volcanic activity, and an increasing need to provide social services for the region's population. Whatcom County Comprehensive Plan Goals and Policies The Whatcom County Comprehensive Plan identified and addressed many issues that concern the Foothills subarea. The County -wide plan recognizes the Columbia Valley Urban Growth Area and the Rural Center -Rural Communities in the subarea. It also contains provisions to protect rural, forestry, and agricultural lands. Future Demand and Supply The Growth Management Act requires jurisdictions to base their comprehensive plans on population growth forecasts. Chapter 1 of this plan provides the estimated 2006 and forecast 2029 populations in the subarea, dividing those figures up among the Dural -Center --Rural Communities, the Columbia Valley UGA and the rest of the Foothills Subarea. An important part of the land use planning process is in understanding how much land is available to accommodate new growth given current levels of development and current land use designations. Residential Land Demand and Capacity According to a study performed by Whatcom County Planning and Development Services, approximately 784 additional dwellings to house about 1,745 new residents can be accommodated in the Columbia Valley UGA. Since the 2029 population growth allocation for the UGA is 1,147 additional people, enough land is available within the UGA to accommodate forecast growth. Similar assessments for Deming, Maple Falls, and Glacier indicate that sufficient land exists to accommodate forecasted residential growth. Glacier, however, represents an interesting and unique situation. Its proximity to Mt Baker generated a proliferation of seasonal housing developments in the late 1960s and the 1970s. Many of those seasonal units are forecast to become full-time residences, continuing a trend that has been developing in recent years. Commercial/Industrial Land Demand and Capacity The Columbia Valley UGA contains a Planned Town Center that is zoned General Commercial. Deming, Welcome, Kendall, Maple Falls and Glacier also have commercial zoning districts. Currently, no land zoned specifically for industry exists in the Foothills. As the UGA intensifies, however, there may be increased demand for development of job -providing facilities. Many current Foothills residents commute outside the subarea on a daily basis, traveling'/2 to 1 hour each way. if there is a future market for light impact industrial land in the subarea, land will need to be rezoned to accommodate it. The county's comprehensive plan and the continuing subarea planning discussions indicate that industrial uses are desirable to help provide for more local employment in the Foothills. The Foothills Subarea Plan adopts a Planned Light Impact Industrial designation and policies that call for consideration of industrial zoning within the Columbia Valley UGA, introducing a new light impact industrial land use type in the UGA. 2-2 106 Foothills Subarea Plan, Chapter 2 - May 20111'daxiu�is n^^^gym ^�ea� :e-s June 24, 201-0 Additionally, an important distinction must be made between the types of commercial development now seen in the Foothills versus what will likely be seen for commercial development as the Columbia Valley UGA becomes more urban. The patterns and types of the subarea's commercial land uses have been formed to support a rural lifestyle in the Foothills and later, a vacation lifestyle, predominately in the Columbia Valley. While the rural lifestyle in the Foothills will continue, the Columbia Valley's lifestyle has become more urban. Columbia Valley residents may choose to shop locally, depending on the retail, office and institutional services provided within the UGA. According to a study performed by Whatcom County Planning and Development Services, approximately 359 additional commercial and industrial employees can be accommodated in the Columbia Valley UGA's General Commercial zone and Planned Light Impact Industrial designation (which will have to be rezoned to accommodate industrial uses). The 2029 employment allocation for the UGA matches the land capacity available to accommodate these jobs. The Ruimal-C-enter-Rural Communities in Deming, Kendall, Maple Falls and Glacier can accommodate a variety of commercial, community and public uses and future employees. Additionally, the Rural zoning district allows home occupations, cottage industries, bed and breakfast inns and a number of other non-residential land uses that could accommodate employees. The Rural Forestry and Commercial Forestry zones allow resource related land uses and workers. Taken together, the zoning can accommodate the employment growth anticipated to occur outside of the Columbia Valley UGA (the medium forecast indicates there would be about 315 new jobs outside the UGA over the 20-year planning period). The subarea planning process has also identified the importance of medical facilities and other services in the Foothills. The zoning districts in the Foothills Subarea allow a variety of medical, governmental, educational and institutional land uses. Planning Context The Foothills subarea is a complex place. It is topographically extreme, with narrow valleys defined by steep and wooded mountains. It is socially diverse, with a blending of full-time and seasonal residents, a robust Slavic -language community, a small Native American tribe, and there is a mix of relative newcomers and families who have lived on the land for generations. It is also a rural place, with the exception of the Columbia Valley. Small concentrations of population are located within the towns of Deming, Kendall, Maple Falls and Glacier. These R+wal4genterRural Cornmunities provide a few services to local and outlying residents like gas, some groceries, restaurants, and other consumer services. Deming is home to Mount Baker Junior and Senior High Schools and many associated athletic facilities. Additionally, it serves as the town with the most consumer services along Mount Baker Highway. The Deming Con nunity was estimated to have a population of 220 in 2006. 2-3 107 Foothills Subarea Plan, Chapter 2 - May 2011 Kendall is less service -rich than Deming, but the town is near the largest population concentration in the subarea — the Columbia Valley Urban Growth Area (UGA). Kendall is also home to the Kendall Elementary School. The Columbia Valley UGA contained a 2006 population of approximately 3,853, mostly within the Paradise Lakes and Peaceful Valley subdivisions. The Columbia Valley area, like many other areas in Whatcom County, was originally developed to serve a seasonal population, primarily Canadians who are allowed to spend up to six months per year in the United States. 2000 U.S. Census data indicate that approximately 32 percent of the existing housing was either seasonal or vacant. However, the Columbia Valley UGA has been transitioning to more permanent residents, and only about 10 percent of the dwellings in the UGA were for seasonal use or vacant in 2006. The lots are affordable, though prices generally increase over time. The Columbia Valley UGA contains two large subdivisions, Paradise Lakes and Peaceful Valley, which are located along both sides of Kendall Road (SR547). Kendall Lake, Sprague Lake, a wetland complex along Kendall Creek, some undeveloped land, and an area that used to be a golf course are also located in the UGA. There are approximately 2,000 platted lots, with dwelling units consisting of recreational cabins, manufactured homes, and permanent residences. A General Commercial zone was established in a central location within the UGA in 2009 (see Ordinance 2009-071). Paradise Lakes has public roads and continues to utilize septic systems for sewage disposal. The Columbia Valley Water District, formerly known as Evergreen Water -Sewer District,, provides public water service (formerly provided by the Paradise Lakes Country Club) to residential and camper lots within the Paradise Lakes divisions. Peaceful Valley has private roads and a water and sewer system managed by Water District 13. Public transit service is provided to Denning and the Columbia Valley/Kendall area by the Whatcom Transportation Authority (WTA), line 72X. Local east -county law enforcement is provided by a full time resident Sheriff's Deputy that is based out of Kendall. The Rural-C—enter-Rural Community of Kendall has a commercial district, fire station, and an elementary school. The Maple Falls area (including the Rural-EenterRural Community, Cascades West and Rivendell Estates) had a population of 213 in 2006. The town is the second to last on the way to Mount Baker. Most of the residents in Maple Falls live there year-round and access the beautiful natural areas frequently. Glacier is the final populated area in the subarea and houses the highest seasonal population. In 2006, the year round population of Glacier (including the Rural-CenterRural Community and surrounding developments) was 284. About 85 percent of the housing units are considered "seasonal, recreational, or occasional use." The Rural-CenterRural Community. supports some restaurants, small shops and a convenience store. Seasonal residents of the community arrive for the skiing, snowboarding, and snowshoeing in the winter months and hiking and mountaineering during mild weather in the summer months. Vision On June 5 through 8 of 2006, Whatcom County hosted a series of four Vision Week workshops. The workshops, attended by about 175 members of the public, resulted in the following findings (more discussion can be found in the Vision Week Evaluative Summary, Studio Cascade, July 2006): 2-4 Foothills Subarea Plan, Chapter 2 —May 2011Pla g-Cuss7�Recommended Version rune 2420 0- Overall - Most of Vision Week's participants favored a continuation of the area's rural character, preservation of open spaces and habitat, and a resistance to population growth. Interestingly, participants also asked for transportation improvements, increased communications capabilities, increased activities for youth, and increased local employment opportunities. The two positions appear to be contradictory, but not entirely unexpected in an area whose appeal is its beauty, slow-paced quality of life, and community values on social interconnectedness. People who reside or own property in the Foothills subarea, at least as represented in Vision Week, appreciate what the physical setting has to offer, even though they are not entirely satisfied with the lack of services and amenities that accompany rural isolation. Community - Participants identified the transportation system and a "sense of community" as important issues facing the subarea. They also identified the area's relative isolation, growth rate, public safety, recreation facilities, and challenges for providing public services as important issues. Given the thread of discussions during the work sessions, this is not surprising. What is surprising, however, is the relative unimportance given to employment and issues surrounding seasonal residents. Groups discussing other topics related to economy and growth saw these two issues as extremely important determinants and limiters of community and community success. While some may believe that local jobs and the presence of full-time residents are important to the subarea's success, they did not appear to be issues related to the overall sense of community. Economy - Those groups discussing the area's economy focused on local job creation and the enhancement of local businesses. They also considered access to local services important, attempting to create an economic environment of increased diversity and self-sufficiency. The primary focus appeared to be enhancing the primary industrial sector, which in this case would predominantly be in resource - based industry, and then developing a robust service sector to enable money to circulate within the local area before leaving the Foothills. Groups also cited improvements to the communications and utility infrastructure as important to improve the economic environment. Interestingly, there was a sentiment that governmental regulation, mostly through zoning, was an impediment to economic growth. Neither public transportation nor the reliance on commuting to Bellingham was considered terribly important by participants, but they were mentioned by some groups. Growth and Change - Groups discussing growth and change believed that transportation and public safety will be the most important issues for the community to address. Their comments indicated a general belief that the worst aspects of the transportation system and the most pernicious aspects of crime and drug use will project into the future uncorrected. This indicates a high level of awareness of certain current problems and a lack of confidence that the County can respond adequately to the challenges of growth ahead. Participants also recognized the potential for increased encroachment on natural resources and the resulting impact on domestic water supplies, access to recreational lands, and the conversion of agricultural and forest lands to other uses. Some believed that a more "sustainable" approach to growth management will be important, requiring some degree of regional collaboration in the face of increased resource scarcity. Many participants also foresee improvements to the communications infrastructure, enabling increased mobile telephone access and increased access to the Internet. Identity - The most prolific issue mentioned was the retention of the subarea's rural character. Participants overwhelmingly believed that rural character and the environment are fundamental components of the Foothill's identity. Public safety and the area's relative isolation also were important 2-5 109 FoothffLs Subarea Plan, Chapter 2 - May 2011 components, indicating the groups' awareness that there are drawbacks to the subareas valued remoteness... drawbacks they are willing to accept to a degree. Land Use - Participants most frequently mentioned development density and design, rural character, and the prominence of small-town commercial centers during their discussion of land use issues. They were concerned with the subareas changing character with the influx of new residents, hoping that new development will respect the low -density nature of the majority of the subarea and act to enhance the individuality and commercial vitality of the four commercial centers. There was little mention of the proposed development in Columbia Valley and its proposed addition of a fifth commercial center to the subarea. However, some did identify it by name, and other comments indicated that commercial centers and areas of higher development intensity should locate near population centers. Some participants also noted that enforcement of existing regulations has been lax, leading to concerns that implementation of the subarea's policies and ensuing development regulations may be problematic. Transportation - Participants tended to focus on several repeated issues, concentrating on non - automotive facilities, transportation safety, public transportation, and the improvement of roads in and through the subarea. Comments sometimes directly contradicted each other, with some advocating for narrower roads, with facilities for non -motorized travel. Others desired increased rights of way and increased automobile capacity to facilitate movement by car in the face of coming growth. Most agreed that existing facilities for those who choose to walk or ride a bike are either unsafe or inconvenient, creating a hazardous and unattractive environment for non -automotive travel. Some participants acknowledged that the County's growth management and land use policies may not be consistent with its transportation policies, stating that road improvements and highway capacity increases will lead to increased development pressure. Some participants noted that bus service to the farthest reaches of the subarea is non-existent, and that the construction of a park -and -ride facility may increase transit ridership. Foothills Vision 2029 The Vision Statement adopted in this Subarea Plan for the 2029 planning horizon year is as follows: Whatcom County's foothills are and will continue to be rural in character, preserving open spaces and natural habitat. Foothills' residents value river and stream corridors, lakes, wetlands, hillsides, forest, fields, wildlife corridors, and clean air and water. Subarea residents value the Foothills' beauty, slow-paced quality of life and the sense that they know their neighbors. The Columbia Valley will become a fully -served urban area set within this rural context, providing a range of shopping, housing, and employment opportunities and accommodating the majority of neiv Foothills residents. The ri+ral-eeaz# Lmiral communities of Deming, Kendall, Maple Falls, and Glacier will continue to thrive without expanding, serving nearby residents and tourists alike, and securing their positions as civic, cultural and activity centers for the rural community. The-mro4mler rural communities will become increasingly complementanj as well, working together to meet resident needs. The Foothills will continue to rely on other areas in Whatcom County for those services not provided in the subarea, and transportation and communication linkages to those areas will be improved as a result. In order to build a robust, sustainable local economy, traditional resource -based industry will continue, supplemented lnj value-added and cottage industries, and home -based businesses that will provide local employment and a population of diverse productive residents who live in the Foothills inj choice. 2-6 110 Foothills Subarea Plan, Chapter 2 -May 2011 l'lanni^ss Land Use Planning Issues Much of the planning process focused on land use and the issues associated with the way in which the subarea develops. Land use conversations tended to focus on the following issues, in no particular order here: • Many Foothills residents are actually employed outside the subarea, resulting in long morning and evening commutes along SR 542 and SR 547. • Foothills residents believe the urban -style development occurring in the Columbia Valley should be restricted to the UGA, with the balance of the subarea remaining rural in character. • The four R�-al-Center-Rural Communities each have created their own identities and add to the character and richness of the subarea. • The access and proximity to natural open spaces are vitally important to Foothills residents. • The Foothills population is surprisingly diverse given its relatively small number. • The Nooksack Tribe has acquired more property in Deming, enlarging its holdings and reducing the amount of land available for housing. The Mt. Baker School District has also acquired additional property in Deming. Deming residents wish to encourage more people to live in town, making land availability an issue. • Water and sewer districts may not have adequate sanitary sewer capacity or systems now in place to serve projected urban development in the Columbia Valley UGA. However, an update to the Water District 13 sewer plan is underway. • The Growth Management Act imposes requirements on "limited areas of more intense rural development" (LAM1RDs) that will impact how the four R+tF .IACei «-Rural Communities may develop in the future. • Forecast population growth will put more pressure on the Columbia Valley, and the four Rear -al Eei3 Rural Communities to a lesser degree, to accommodate additional housing. • Land supply and population forecast studies indicate that sufficient land exists to support forecast population. The arrangement and density of land uses impact the feasibility of providing adequate services with scattered or less dense development generally being more expensive to serve. This is especially important in the Columbia Valley, where provision of sanitary sewer will be necessary as population increases. Planning Concept "Rural character" is the most widely -cherished vision of the Foothills by Foothills residents. The Vision Week workshops, small town workshop, UGA workshop, policy workshop and the questionnaire confirmed it. The subarea plan is designed to retain and enhance the area's rural character, even though the area's population is likely to grow and even though the Columbia Valley urban growth area lies in the virtual center of the Foothills. The planning concept is relatively straightforward, given the need to accommodate a certain amount of population growth and to help the Columbia Valley UGA succeed. It consists of four fundamental elements that, when taken collectively, help to resolve some of the subarea's challenges noted during the Vision Week exercises: 2-7 111 Foothills Subarea Plan, Chapter 2 -May 2011 1a �issie�Reesa xesa^a �'^----- T ^_'n M n • Encourage revitalization of and reinvestment in the four small town commercial zoning districts, enabling them to thrive as they serve surrounding rural areas. They are to act individually and collectively to serve the needs of Foothills residents and visitors. • Promote enough new development at sufficient intensity in the Columbia Valley to permit the provision of full urban services to the UGA, including sanitary sewer and low impact development storm water management systems. • Retain large -lot zoning requirements for those areas outside the -R-ural-Center-Rural Communities, ensuring that open spaces, rural lifestyles and commercial forestry can continue to exist without pressure for conversion in the subarea. • Recognize that many Foothills residents will continue to rely on the Bellingham metro area for employment, entertainment, and shopping. These four fundamental elements dictate an overall pattern of land use for the Foothills, where development and activity are concentrated in Deming, Kendall, the Columbia Valley UGA, Maple Falls and Glacier. The rest of the planning area would remain mostly as it is, with low -intensity development widely dispersed and separated by natural open spaces, waterways, hillsides, and fields. Even so, the subarea will remain vitally connected to portions of Whatcom County west of the planning area. Land Use Scenarios The FSPAC considered two alternative land use scenarios and the "status quo" (no action) alternative, prior to developing a recommended land use scenario. Alternative # 1 was based upon informal discussions with FSPAC members, who represented their respective geographic areas (Deming, Columbia Valley/ Kendall, Maple Falls, and Glacier), subject areas (business, forestry, rural), and Tribal interests. This alternative included concepts such as a town center designation in the Columbia Valley UGA, a new small-scale recreational tourist zone in Glacier, and recognizing Tribal ownership in the Deming area. Alternative # 2 was primarily based on a strict reading of the Growth Management Act's "limited areas of more intensive rural development" (LAMIRD) criteria. In some cases, this alternative considered scaling back development allowed in these areas. The "status quo" alternative retained existing comprehensive plan and zoning designations. The FSPAC considered all of these alternatives and, by selecting one of the alternatives for a certain area, combining elements of different alternatives, or adding new ideas, formulated a recommended land use scenario. After considering all three of the land use scenarios, the FSPAC recommended a hybrid approach. Their recommendation is based on their understanding of the best possible arrangement of land use to address the Foothills' issues, sustain rural character, and attain the subarea's vision of the future. Adopted Land Use Scenario The adopted land use scenario, included here, is shown on the following maps and targets six main areas: • It pre-vides-fer--an expanded-retains_the Small Town Commercial zoning district in Deming.; tak3 13 Pto n r ,..,,T-own i cst or .:1 ic1: i e ,yed �I cam-�a�e,.«� t-hc-�4#—I�a�ei—Sc-pool- i�ist�iet: • It retains Welcome as a Rural Business area. 2-8 112 Foothills Subarea Plan, Chapter 2 - May 2011121anniR1- Eex-xis^i^n n,,,.,...... end a Ver- iOn rURe -2 20 0- • It separates Kendall from the Columbia Valley UGA, allowing for the construction of new commercial or civic facilities within the Small Town Commercial zoning district, while protecting rural character along the Mt. Baker Highway corridor. • It incorporates a new town center concept near the center of the Columbia Valley UGA. The town center concept proposes the mixing of commercial, residential and institutional land uses. • It retains the FZAtral-Center-Rural Community designation at Maple Falls. • It retains the RuT-al-CenterRural Community comprehensive plan designation for Glacier, permitting small-town commercial and residential development consistent with that community's importance as a tourist and seasonal residential focus. It also retains the already developed residential areas on GIacier's east side within the R+ual—CenterRural Community designation. 2-9 113 Foothills Subarea Plan, Chapter 2 -May 17 er--:- ne 24, 2010 Reeemme- d Deming Map 2.1 Comprehensive Plan Designations Title 20 Zoning Designations Urtm Growth Area 36,A,om UR4 - ftUa(i k9swelival 4 dull lc N..,k T,-6 0,,:,.:,Il.p 201 Urban Growth Area Reserve RR3 - Residenbal Rural 3 dw I ac RR I - Residenl:aj Rural , I dull, a- Rrrai RR5A - ReSE-Jenhal Rural I du/5 ar- R2A - Rural 1 du.l2 ac Rule: Community R54 - Rwal 4 dul5 ac RVIA - Pura:. I duil� ac Agacullute =9fr- llu(e PF - Rural Fmost"i R-9 F—try CF - Commercial Foresui, Whatcorn County I':",.' Cemmeroal Forestry STC - S!nall town -'omrnamal Foothills Subarea Plan GC - General Conlllercml MI —al ReSOUICe L-C RC - Refiall, cmumemal Federal 2-10 114 Foothills Subarea Plan, Chapter 2 - May 2011�--1' a - o Pine 24, 20400 Comprehensive Plan Designations Title 20 Zoning Designations M Urban GrOVSh A!aa UP.< - Urban P.es.dentiai 4 dun ac. Urban Gm,•rth uoa Rasfrvf RR3 • Resrdemial Rwal 3 dO ac RRI . Resldenaal Rwal , 1 dwi ac ' Rural RRSA. Res�denua Rural 1 du15 ac Rural ousiless R2A- Rural 1 rA:+2 ac, Rural Cnrranurdy N=A • Rural I darS ac 1 C,A - Rura1- i du. iO ac. Agriculture -.G • ,"reOve RF • Rural Forestry Rival "rnrestr' r i;F -Can+ma.•rcial Fuesiry fi Commeraii For»sry ST",- Small icw) C.,m:em! GC - General Cornm=_riat M,iner� Resaurce land RC - Resod Commeeaal Federal` F.ursl Resrtennal day 2-11 2011 �@ 3ervica® Whatcom County Foothills Subarea Plan 115 Foothills Subarea Plan, Chapter 2 -May 2011 T June 24, 2040- A-% I M . IL Ir as — — Comprehensive Plan Designations OW4 L;,bM G,.,4h Area P:An­j 1C­, Cenler Urban Grogh Area Re.sCr­ POIWIttai PI8r110d Rral Ught -.wet Ind-Inat INN Planned Ught RUI.I. sk"wiess IMP-t 1.1—irral R"'.1 C­mu'l,ly Agnc.ma. Rural Forestry Comr,temW Forestry L.,c Federal Title 20 Zoning Designations IJR4 urnan 4 du/ 1 ac RR3 ReSidenlial Rural 3 otJI aC. RPM - ReS,denhal R.e.1 - I dull at; RP5A - ReWeMM Rurai I d.lS aC R2A - Rural 1 Vul.- aC A - *-*Rural 1 ac. R I Gz^' - Rural - I dulO ac A(; - Agrc;ullue R.F - Rural Forestry CF - �cmmercial �estry STC . Small Town c—r-leeaal ,� C;(. General i ommerc,., - 41.1, Comm e—I 2-12 Whatcom County Foothills Subarea Plan 'O",,ou co % 2011 4, 116 I Foothills Subarea Plan, Chapter 2 -May Maple Falls Map 2.4 R5 RF; RF RSA R SA RE. Comprehensive Plan Designations Title 20 Zoning Designations Urban Gro,10) Area URA- Url)a^ Residential 4 rJUil aC Urban (310,4h Area R-3— RR3 - Re't': Rural 3 1�111 IC Rural RRI . Re zRu cu,I ac. RR5A - Resid,- "al R"'I I ";i5 ac RU101 BUSIlleSS IRV— Rural I IC Rule! commtway R,5A - Pwal I dW5 ar- R1, OA - Rw al 1 iV'. 0 ac Agriculture rL F RF - Pun ­ns" Rural ForestryCF Zoy, meraai Fens':- Commercial F—Uy STC, - Small G—.1 GC - General C­.­­ .a] Wmwa(Rem— L.ad RC - Federal 2-13 g-'004 2 % S."w" Whatcom County Foothills Subarea Plan 117 Foothills Subarea Plan, Chapter 2 - May 2011�siqn7Reeemnwnde,"^^-:-- T--a . 2 20 n Glacier Area "k 4;1 a Map 2.5 r ?` f.— Comprehensive Plan Designations Title 20 Zoning Designations tad b Urban Gromh Area UR4- Jrbar. Residentla 4 ditt ae Urban GrnWJi Ama Reserve P,P3 • Resrdeneal Rural 3 dw t ac. PP' - Resrderta(Rural - t duct ac Rura€ PR5A . Ra&deny. aural t dufF ae. Rural Business P: I daR aC Rruai Ca!nmw=rty R5A: RUM':d:rMS ac R IOA - Rura' - 7 duflo ac A,ricWlura AG • Apeu,", a RP - Rural Forestry !t= Rarx Forestry f,F - Cena ) MIA Forestry om Cmerala Fwastty STC - Small Town Comme-al P,?Ineral Rescurra Land GC - General Commercial Ri: - Resori Ccrnmemal f Federal 2-14 . •wr5nga� i� P�CDU �%SSarvtdC Whatcomn County Foothills Subarea Plan 118 Foothills Subarea Plan, Chapter 2 - May 2011 c4 une- -2=,'-"-�^ Land Use Designations and Zoning The adopted scenario uses the land use designations and development densities already contained in the County's comprehensive plan and zoning, with the exception of a new designation to implement the town center concept in the Columbia Valley UGA, new planned light impact industrial designations in the UGA, and a new overlay designation to recognize Nooksack Tribal ownership. Plan Land Use Designations UGA (Urban Growth Area) UGA Reserve Rural R r ✓e^eRural Community Rural Business Agriculture Rural Forestry Commercial Forestry MRL (Mineral Resource Lands) Planned Town Center -(New Designation1 Planned Light Impact Industrial (New Designation) Potential Planned Light Impact Industrial (New Designation) Nooksack Tribe Ownership (New Overlay Designation) LAMIRD Identification Title 20 Zoning Designations LII - Light Impact Industrial (may be applied in the future) GC - General Commercial NC - Neighborhood Commercial STC - Small Town Commercial RC - Resort Commercial UR4 - Urban Residential 4 units/acre RR5A4-8 - Residential Rural one dwelling/54-9 acres Rural Residential Density Overlay RR3 - Residential Rural 3 units/acre RRl -Residential Rural 1 unit/acre R2A - Rural 1 unit/2 acres R5A - Rural 1 unit/5 acres RIOA - Rural 1 unit/10 acres AG - Agriculture CF -Commercial Forestry RF - Rural Forestry MRL -Mineral Resource Lands (overlay zone) What the adopted scenario identifies as a "Rural-CenterRural Community" land use designation is a limited area of more intensive rural development (LAMIRD). This scenario allows for the continued existence of the four Rural -Center -Rural Communities, encouraging reinvestment in closely contained areas to ensure that they will continue to serve the needs of Foothills residents and visitors. For the most part, these Rural-Genter-Rural Community designations represent development (either in terms of structures built or land subdivided and improved) in place prior to 1990. Open Space There are many public benefits of conservation of open space. To paraphrase the Nature Conservancy, the American Farmland Trust, and the Whatcom Land Trust, public benefits of open space include the following: • Protect water quality and air quality, by conserving forests and watersheds; • Conserve watersheds and aquifers, helping ensure a clean supply of water for all of us; • Preserve wildlife habitat; • Preserve open space; • Preserve and conserve farmland, ranchland, timberland, forests and rivers; 2-15 119 Foothills Subarea Plan, Chapter 2 -May 2011phinning CommissionRepomm;en d-ed Version11 2^,�mn • Maintain rural character of our communities, neighborhoods and forests and mountains; • Maintain traditional, historic uses of property, that add to the rural character; • Buffer public lands from residential and commercial development; • Maintain landscapes and views for tourism; • Preserve historical and cultural sites; • Preserve scenic beauty; • Preserve rural quality of life; • Competitive attractiveness of open space as factors attracting retirees, tourists, labor supplies and businesses; Perhaps most interesting is the following benefit: • Require less in public services than other uses of the property. Lands for Public Purpose The subarea plan establishes a range of land use designations permitting a variety of land uses, allowing forestry, rural housing, nterrural community_ development and an urban growth area. RCW 36.70A.150 requires that Whatcom County "identify lands useful for public purposes, such as utility corridors, transportation corridors, landfills, sewage treatment facilities, storm water management facilities, recreation, schools, and other public uses." This subarea plan encourages the retention and development of public uses in the UGA, Rural-GenterRural Communities and its vast open spaces, realizing that the nature of public purposes will vary from one area to the next. In the Columbia Valley UGA, the subarea plan allows for development of public land uses within the Planned Town Center. These will be land uses that provide governmental or other institutional services to the UGA's residents. The Mt Baker School District and the East County Regional Resources Center are already looking to develop facilities in the Columbia Valley. In addition, the UGA will eventually need sanitary sewer service for its entirety, possibly requiring the dedication of additional land for wastewater treatment. There is now some land set aside for the existing treatment facility, but an expanded system may require more. That could take the form of either an expanded facility at the existing site or a new facility at a separate location. Storm water management will become increasingly important, as well, as the Columbia Valley becomes more intensely developed. Current storm water management strategies dictate that flows be managed on site, minimizing impact to flows on adjoining properties. That may become impractical in some areas, however, depending on the intensity of development, the amount of surface flow and proximity to Kendall Creek and its associated wetlands. Subarea policies direct the County to monitor the Columbia Valley's environmental conditions as development intensifies, ensuring that storm water management practice, as well as the land necessary to slow, contain and treat surface runoff, are appropriate to conditions. The Columbia Valley UGA is served by public water and sewer. 2-16 120 Foothills Subarea Plan, Chapter 2 - May 2011 The Rarral-CenterRural Communities will also include land devoted to serving public purposes, in many cases to the degree that will define the identity and influence the functions of the four n,iraljCentez--Rural Communities. Deming hosts the Mt Baker School District offices, Mt Baker High School and Junior High, Nooksack Tribal offices, and Deming Library (which is just north of the RnraD;- to Rural Community boundary). Welcome is the home of the subarea's only senior center. Kendall now hosts the Kendall School-an4 the Fire District 14 station,. T-hr-ea , and a Whatcom County Library System branch library named the North Fork Community Libra!Mjs eux-ren lec-ated4n- Maple -Falls her-,--are-plans-to-r-t--lec-ate-this-libr-alto--l4endall. Glacier has a small park. Deming and Maple Falls contain a post office. The C—errRural Communities also have water purveyors. The more rural areas also contain land devoted to serving public purposes. Silver Lake Park, Deming Homestead Eagle Park, Canyon Lake Community Forest, Ostrom Conservation Site and the various trails throughout the subarea all serve public purposes, uniquely located and developed to meet the community's recreational, economic, social, or environmental needs. This subarea planning concept anticipates the need for and identifies land suitable for public purposes, both in its maps and its policy. Foothills Subarea Plan Goals and Policies The subarea plan recommends amending Whatcom County Comprehensive Plan Policy 2AA-12. The amendment of Policy 2AA-12 is recommended because the subarea planning process investigated the possibility and feasibility of rezoning land on Limestone Road for light impact industrial use and found that the time is not yet right for such a rezone. While the plans for the Columbia Valley UGA call for the inclusion of industrial uses in the UGA, there is not now pressure from property owners or sufficient demand to support a light impact industrial use. Policy 2AA-12 is proposed for amendment as a direct result of the community's discussion regarding the need for and likelihood of the development of a light impact industrial or business park style development in the UGA. While many believed that the provision of jobs in the Columbia Valley was absolutely vital, many also believed that there is not now a particularly attractive place available for such a project to locate. Limestone Road is an appropriate location, but a site closer to its intersection with Kendall Road (SR 547) may actually be more attractive to potential developers and users. Amending the policy allows for more flexibility. 2-17 121 Foothills Subarea Plan, Chapter 2 - May 2011 Goal LU1 — Preserve the natural beauty, open spaces, rural character and slow, rural pace of life in the Foothills, prized by lonq-term residents and newcomers alike. LU1-A Discourage residential development on steep slopes and in forestry and agricultural areas. LU1-B Strongly discourage rezoning of Commercial Forestry zones to allow more dwellings or increased intensity of use. LU1-C Strongly discourage rezoning Rural Forestry zones to allow more dwellings or increased intensity of use. This policy does not apply to the Rural Forestry zone located in the Columbia Valley UGA, north of Limestone Rd., as designated in the 2011 Foothills Subarea Plan. LU1-D Strongly discourage re -designation of Rural Forestry and Commercial Forestry Comprehensive Plan designations to Urban Growth Area. LU1-E Encourage urban levels of development only in the Columbia Valley UGA. LU1-F Expand the rural economic base by supporting renewable natural resource industries, home occupations, cottage,industries, forestry and agriculture. LU1-G Open space preservation is deemed a very important component of preserving the rural character of the Foothills Subarea, and is strongly encouraged wherever possible. The Foothills Subarea Plan encourages the preservation of open space for the reasons listed above. To accomplish this, representatives of nonprofit conservation groups and local, county and state entities should hold a public forum and/or conference once every two years at a location in the Foothills, rotating from Glacier to the Columbia Valley UGA to Deming. Education and assistance should be provided by Whatcom County as to the different vehicles available by which to preserve open space, including but not limited to donations of land or conservation easements, purchases of land or conservation easements, reserve tracts or conservation easements on open space in cluster developments and planned unit developments, purchases of development rights, and other methods as may be developed from time to time. LU1-H Future development in rural areas should be low density, complement existing rural character, contribute to the conservation of agricultural and forest land and not result in demands for urban -level services. LU1-I To maintain rural character, open space, and wildlife habitat, rezoning from RIOA to RSA, rezoning from RIOA to R2A, and rezoning from R5A to R2A are discouraged. 2-18 122 Foothills Subarea Plan, Chapter 2 -May 2011 Goal LU2 — Concentrate urban growth in the Columbia Valley UGA, creating a diverse mix of land uses and resulting in the provision of a full spectrum of urban services, including water, sanitary sewerage, storm drainage, law enforcement, fire protection, libraries, schools, parks, public transit and other similar services. LU2-A Encourage the integration of mixed uses, open spaces, and civic places info the Columbia Valley UGA. LU2-B Acquire parks and other land for community facilities, allowing the provision of community services to keep pace with and be provided at a scale commensurate with the area's growing population, while ensuring the protection of wildlife habitat. LU2-C Encourage low impact development techniques for storm wafer best management practices and connection to public sewer to protect surface and ground wafer. LU2-D Densify and revitalize the Columbia Valley UGA before considering expansion of the UGA for non -industrial land uses. LU2-E Link UGA neighborhoods to the Kendall Elementary School and the Kendall Small Town Commercial zone with convenient pedestrian, bicycle, public transit, and auto connections. LU2-F Study and, if feasible, facilitate incorporation of the Columbia Valley UGA. LU2-G Urban residential development should be planned in areas that can be economically and efficiently served with existing or planned services, optimize energy use, function as integral neighborhood units and can environmentally support intensive land uses. Goal LU3— Enhance the Rw-GCe-nr° .Rural Communities of Deming, Kendall, Maple Falls, and Glacier as vital, vibrant and distinct areas, within which the community can meet, mingle, shop and fake care of daily errands. LU3-A Encourage development patterns that promote walking, bicycling and the use of public transit. LU3-B Maintain the outer boundary for each R-urai-EenferRural_Communify, prohibiting the expansion of zoning districts that allow commercial uses, intense new residential developments, and light industrial uses beyond those boundaries. LU3-C Create and adopt a set of design guidelines for the small town commercial zoning districts to ensure that new structures, street improvements, landscaping and grading enhance the community's character. LU3-D Permit attached housing in the small town commercial zoning districts, particularly as upper floor units above ground -level retail storefronts, consistent with each small town's adopted design guidelines. LU3-E Adequate community and neighborhood commercial facilities should be encouraged in appropriate locations while avoiding incompatible land uses and the proliferation of unnecessary new commercial areas. LU3-F Acknowledge existing patterns of commercial uses and to provide for additional future development by designating certain areas as concentrated centers for commercial activities. PALO, 123 Foothills Subarea Plan, Chapter 2 - May 2011 ea Version juRee 24, 2910 Goal LU4 — Provide for increased nities in the Foothills LU4-A Encourage development of light impact industrial or business park land uses in the Columbia Valley UGA in areas planned for light impact industrial uses. LU4-B Coordinate with local and regional economic development agencies and educational institutions to foster job creation and job training in the Foothills. LU4-C Encourage the availability and connectivity to utility services for potential light impact industrial or business park sites. LU4-D Recognize that the Foothills' natural setting is a major attribute of the area's quality of life. Incorporate this value into the planning process when considering future economic development. LU4-E Commercial projects should avoid lineal development patterns. Goal LU5 — Recognize and encouracle a high level of cultural and social diversity in the Foothills. LU5-A Provide public squares and other similar types of public gathering spaces in or near the centers of the small town commercial zoning districts and in the town center of the Columbia Valley UGA. LU5-B Support the recognition and preservation of culturally significant sites within the Foothills and encourage collaboration with the indigenous Cultural Community in developing a process for identification, management and protection of these sites within the Foothills subarea. LU5-C Support the recognition and preservation of historically significant sites within the Foothills and encourage federal, state, county and local collaboration in developing a process for identification, management and protection of these sites within the Foothills subarea. LU5-D Continue the identification of cultural and natural resources and formulate viable methods to preserve and conserve such resources in recognition of their irreplaceable character. Goal LU6 — House Foothills residents in safe and comfortable neighborhoods affordable to a LU6-A Collaborate with local and regional foundations and agencies, such as the Kulshan Community Land Trust, to provide or facilitate provision of affordable housing units, primarily in Deming and in the Columbia Valley. LU6-B Provide incentives to builders who dedicate a certain percentage of housing units to low or low -moderate income or other special needs households in Deming and the Columbia Valley UGA. 2-20 124 Foothills Subarea Plan, Chapter 2 - h iy 2011 Goal LU7 - Enhance resident and visitor access to the Foothills' recreational LU7-A Encourage open space in subdivisions, linking open space into a trail system where feasible, while ensuring the protection of wildlife habitat. LU7-B Invest in identified parks improvements. LU7-C Encourage efficient land use patterns that will promote the economic viability of resort areas and cooperate with special districts and other governmental agencies to provide services. LU7-D Ensure that land use patterns and park and recreation planning mutually support each other, are consistent with the adequate provision of recreational opportunities for residents, encourage tourism, and conserve and enhance existing public investments and resources, while ensuring the protection of wildlife habitat. Goal LU8 - Provide a network of recreation and transportation -oriented trails interconnecting the Columbia Valley UGA and Rurd-GeR#-erRural Communities and linking populated areas to recreational open spaces. LU8-A Encourage open space dedications to link into a coordinated trail system. Goal LU9 - Protect surface and ground water quality and quantity and sensitive habitat areas throughout the subarea. LU9-A Encourage open space in subdivisions, linking open space to respect and enhance continuous habitat corridors where feasible. LU9-B Whatcom County shall encourage development design that minimizes the amount of impervious surfaces including streets, driveways, sidewalks and other impervious surfaces whenever possible. LU9-C Encourage utilization of steep slopes (greater than 15 percent) or unstable slopes for open space or forestry. Discourage residential development on steep slopes and in forestry and agricultural areas. LU9-D Encourage the use of "green" materials and Low Impact techniques in all types of construction. Goal LU10- Ensure the Foothills Subarea remains a safe place in which to reside, operate a business, and visit. 'Folic t 3, r y �N LU10-A In the Columbia Valley UGA, incorporate proper design in commercial and multi -family developments to reduce the fear and incidence of crime, such as installing appropriate nighttime lighting and orienting windows and doors to facilitate casual viewing of public spaces. LU10-B Impose impact fees for roads, parks, and schools on new development within the Foothills Subarea commensurate with Whatcom County ordinances. 2-21 125 Foothills Subarea Plan, Chapter 2 -May 2011rn n,.,.,...,. ,,.,,a,.a Version rune 24, 2010- Goal LU11 — Implement a concise, equitable and practical set of land use regulations intended to carry out the goals, policies and proposals of the Foothills Subarea Plan in a timely and orderly fashion. LU11-A Promote a conscientious program designed to plan, guide and influence the appropriate location, timing, intensity, type and servicing of diverse land use patterns. LU11-B Determine the required amounts of land anticipated to be utilized within the planning period (20 years) while retaining options for future land use decisions beyond the planning period. LU11-C Encourage a predictable pattern of development in the subarea which utilizes previously committed land areas and existing facility investments before committing new areas for development. LU11-D Assure opportunity for citizens to be involved in the formulation of land use goals, policies and proposals and provide a structure for citizen participation in the planning program of federal, state, regional and local agencies. LU11-E Participate in intergovernmental coordination with federal, state, provincial, regional and local agencies, develop a coordinated approach to problems which transcend local government bodies and create an environment for the exchange of information and technical assistance. LU11-F Consider permit metering if the carrying capacity of public services has been met by existing development. LU11-G Comprehensive plan designations, development regulations, and incentives shall be provided that will encourage visitors to the area. These include the preservation of the area's scenic beauty, historic features and rural character, as well as improved access to shorelines and recreation facilities. Goal LU 12 — Develop a functional, coordinated and multi -modal transportation system which provides for the safe and efficient movement of people and goods, avoids undesirable environmental impacts, and optimizes public investments and the conservation of energy resources. LU12-A Site plans should encourage the use of pedestrian and/or bicycle ways by providing, for use by the general public, bicycle trails, pedestrian pathways and street crossings that link and extend pathways connecting to public recreational or view areas. LU12-B Bikeways and/or pedestrian ways should be provided in new developments in the Resort Commercial zone and Columbia Valley UGA designation to link residential areas, shopping areas, recreational areas and educational facilities. f►.ls►•W 126 Foothills Subarea Plan, Chapter 3 - May 2011 3 Housing Single-family dwellings on 5,10 or more acres traditionally characterized housing in the Foothills Subarea. In the Columbia Valley UGA, specifically Paradise Lakes and Peaceful Valley, development is significantly more dense. In this area, the housing is a mix of mobile homes and single-family dwellings on lots varying in size. According to 2006 Assessor's data, more than half of the dwellings within the Columbia Valley UGA were identified as mobile homes. There is also dense development at Mt. Baker Rim and Snowline in Glacier. Existing Conditions The Foothills are removed from metropolitan Whatcom County, and the housing found in the subarea is consistent with what might be expected in a generally rural community. Some homes are grand, on large parcels overlooking beautiful natural vistas. Some are quite modest, on small parcels, clustered in communities that include a mix of site built and manufactured housing. Many fall in between. Deming is the westernmost community in the subarea. The Nooksack Tribe has a significant presence in Deming, and the Tribe's acquisition and development of land in central and eastern Deming has resulted in the construction of a casino, parking lots and administrative offices. Deming is also home to the Mount Baker School District offices, Mt. Baker Junior High School and Mt. Baker High School. Housing in Deming is generally old and in short supply, with the land to the immediate west of the community the only likely area for expanding the housing stock. Maple Falls and Glacier both mix full-time and seasonal residences. The Glen at Maple Falls is composed of a variety of recreational units that cater to seasonal residents. Glacier's Snowater, Mt Baker Rim and Snowline residential developments also cater to seasonal residents. Glacier also has condominiums. The majority of housing units in Glacier are seasonal housing units that remain largely unoccupied for months out of the year. These homes serve as second homes and are larger and often located in gated communities on the town's fringe. According to the 2000 Census, the majority of homes in the Peaceful Valley CDP were built between 1970 and 1989. This is representative of the boom that occurred during this time in the Columbia Valley. A quiet forest quickly became a bustling vacation community designed to serve Canadian visitors and people seeking a second home in the country. In data gathered with a questionnaire during the public participation process of developing this plan, respondents frequently said they wanted additional law enforcement and their communities cleaned up. Affordable Housing Homes in the Foothills are generally less expensive than those in other areas of the county to the west. In 2006, the median price for a residential unit (house, manufactured home, condominium) in the Foothills was approximately $163,000. The median price for a residential unit in Whatcom County was $260,500.1 Median price figures were obtained through the Northwest Multiple Listing Service, June 2007. Figures only include those sales conducted by realtors in the Foothills Subarea and do not include sales by owner. 3-1 127 Foothills Subarea Plan, Chapter 3 -May 2011 Information obtained on rental rates for this subarea plan was largely anecdotal due to the mix of rental types in the subarea. Rental housing in the subarea generally falls into two types: seasonal and non- seasonal. Non -seasonal rentals are usually rented monthly and rates depend on the type of unit. A manufactured home built between 1990 and 2007 will rent for between $700 and $900. An older manufactured home or single -wide will rent for between $300 and $500 a month in the Foothills. A stick frame home will rent for between $800 and $1400 per month. Rent may be slightly higher for homes on acreage that the renters may use for livestock or cultivation. Whether a resident owns or rents in the Foothills, in order for housing to be considered affordable, its cost must not exceed 30 percent of the household's annual income. Whatcom County Comprehensive Plan Goals and Policies Relevant housing goals and policies are contained in the Whatcom County Comprehensive Plan. In accordance with the GMA, Whatcom County's housing goals and policies encourage provision of housing to all income and special needs households, encouraging the activities of various housing providers to ensure all who reside in Whatcom County do so in safe and appropriate conditions. Housing Issues The Foothills subarea is growing. Though the subarea is relatively distant from Bellingham, many subarea residents make the commute. Many are attracted to the Foothills because of the relatively lower costs for housing and because of the area's beauty. An increasing population, the pressure to provide housing affordable to a wide range of incomes and the community's desire to sustain a rural character all combine to generate several issues the subarea plan must address. • Many of the subarea's subdivisions and housing units were originally intended to serve seasonal visitors. Many of these seasonal residences are now becoming full-time residences. • The community is aware of the need to provide affordable housing, but the subarea's rural context and density restrictions limit opportunities in areas outside of the Columbia Valley UGA. • Housing in Deming is in short supply, but the areas to the west of the high school may offer opportunities for additional housing development. • Increased population growth in the Columbia Valley UGA may necessitate development of mixed -use and attached housing. • Increasing attractiveness of the Rural -Center -Rural Corrununities may generate pressure to develop residential units above the commercial districts' storefronts. • Housing prices in Whatcom County have increased from their 2000 median price of $155,700 to a 2006 median home price of $260,500 (the median price of a home in Whatcom County in 2009 was slightly below 2006 levels). As of 2006, the median price a home was selling for in the Foothills was $163,000. • The community identified property maintenance and the apparent decline in some of the subarea's neighborhoods as an important issue. 3-2 128 Foothills Subarea Plan, Chapter 3 -May 2011P?ann i^^ r'ommi^s-i^^ T'^^^^ ^ ^^a^' v^ -lien june 2 2010 Seasonal Dwellings Compared to the rest of Whatcom County, the Foothills Subarea has a higher percentage of dwellings that continue to be maintained as "seasonal, recreational, or occasional use' homes. In the Foothills Subarea, 29 percent of the homes were for seasonal, recreational, or occasional use in 2006. Most of these homes are located in the Glacier area in developments: Mt. Baker Rim, Snowline Subdivision, Snowater and Snowline Condos, Glacier Springs, and Glacier Greene. Table 3.1 - Dwelling Unit Analysis, Foothills Subarea and Whatcom County Year %, Seasonal, % Seasonal, Vacant Recreational, % Total Area Round Year Recreational, (unoccupied) Occasional Vacant Dwellings Dwellings Round Occasional Dwellings Dwellings Foothills 2,258 66.5% 983 29.0% 153 4.5% 3,394 Subarea Whatcom 64,434 87.2% 5,946 8.0% 3,501 4.7% 73,893 County Source: 2000 Census (Whatcom Counhj figures), and Foothills Subarea Plan Advisory Committee Record of Decisions and Recommendations, attachment. December 6, 2006. (Foothills Subarea figures) Seasonal units can be broken down into two categories: weekly and monthly rentals. Weekly rentals within subdivisions in the subarea - specifically around Glacier and Maple Falls - range from $800 to $1500 per week depending on the number of bedrooms, whether the unit is furnished, and whether or not the owner provides cleaning services. Monthly rentals range from $300 to $400 per bedroom a month based on the number of rooms and quality of the unit. Although they are not considered dwelling units, there are significant number of recreational units in Black Mountain Ranch, Camper's Paradise, and The Glen at Maple Falls. Table 3.2 - 2006 Dwelling Unit Estimates Seasonal, Vacant Area Year Round Recreational, (unoccupied) Total Dwellings Dwellings Occasional Dwellings Dwellings Columbia Valley Urban 1,239 126 16 1,381 Growth Area Glacier 22 10 5 37 Glacier area - Mt. Baker 40 239 22 301 Rim Glacier area - Snowline 35 191 6 232 Subdivision Glacier area - Snowater & 3 210 11 224 Snowline Condos Glacier area - Glacier 28 68 5 101 Springs/Glacier Greene Maple Falls 29 0 2 31 Maple Falls area - Cascades West/Rivendell 47 3 5 55 Estates Deming Rural-CenterRural 76 3 5 84 Communit Remaining Subarea 739 133 76 948 Foothills Subarea Total: 2,258 983 153 3,394 3-3 129 Foothills Subarea Plan, Chapter 3 - Ma 011 ^ Ta:", ' ?18 Source: Foothills Subarea Plan Advisonj Committee Record of Decisions and Recommendations, attachment. December 6, 2006. Camper's Paradise, The Glen at Maple Falls, and Black Mountain Ranch accommodate approximately 2,500 recreational units (RVs and park models). Planning Concept The housing assumptions and planning concepts for the Foothills are stated in the following bullet points: • Over the long-term, it is anticipated that market forces will drive housing prices up in the subarea, and affordable housing should be located in Deming and the Columbia Valley. • The percentage of full-time residents will continue to increase, and the range of services and housing types in the Columbia Valley UGA and Ru-ral-Gente-TRural Communities should be positioned to respond to the change in demand. • Existing neighborhoods in the Columbia Valley UGA should be enhanced, with increased emphasis on property maintenance and other strategies to arrest decline and increase public safety. • Providing affordable housing in a manner consistent with the subareas rural character will require innovation and partnerships between the public and private sectors. Housing Needs Based on the population forecasts included in this subarea plan, it appears that simply providing land for the development of necessary housing will not be a problem. Appropriately designated land exists to support the number of housing units necessary to house expected Foothills residents. The table below illustrates the estimated number of housing units that will be necessary in 2029 to accommodate forecast Foothills population growth. Table 3.3 — Pro'ected Subarea Dwelling Units by Location, 2006-2029 Assumed Pop. Estimated New 2006 Residents/ Increase Units Needed 2006 Pop. Dwelling Dwelling 2006-2029 2006-2029 Units Unit Columbia 31853 1,381 2.79 1,147 515 Valley UGA Glacier 284 895 2.00 113 57 Maple Falls 213 86 2.48 41 16 Deming Rureal 220 84 2.62 42 16 GenterRural Community Remaining 2,152 948 2.27 411 181 Subarea Total 6,722 3,394 1,754 785 Source: The 2006 population is from Table 1.1 in chapter 1. The 2006 dwelling units are from Table 1.2 in chapter 1. The assumed residents/dwelling are primarily derizmd from Tables 1.1 and 1.2. The population increase is from Table 1.5 in chapter 1. 3-4 130 Foothills Subarea Plan, Chapter 3 -May 2011 �a v - on r.. �,� �n, n The art of housing the Foothills population lies in accommodating low -to -moderate -income households and creating a residential land use pattern that enhances neighborhoods and allows for the provision of appropriate utility services. Foothills Subarea Plan Goals and Policies Goal H1 - Concentrate urban growth in the Columbia Valley UGA, creating a diverse mix of land uses and resulting in the provision of a full spectrum of urban services, including water, sanitary sewerage, storm drainage, law enforcement, fire protection, libraries, schools, parks, public transit and other similar services. H1-A Mix housing types through a variety of zoning and development incentive programs to facilitate development of housing for all income sectors in the UGA. Goal H2- Enhance the f_urGI_C-enterRural Communities of Deming, Kendall, Maple Falls, and Glacier as vital, vibrant and distinct areas, within which the community can meet, mingle, shop and take care of daily errands. H2-A Encourage development of apartments and condominiums in upper floors of buildings in small town commercial zoning districts. Such development should be consistent with each town's design guidelines, once they are adopted. H2-B Encourage development of housing within easy walking distance of small town commercial zoning districts. Such development should be consistent with each town's design guidelines, once they are adopted. Goal H3 — Provide for increased employment opportunities in the Foothills. 1­13-A Develop a comprehensive housing rehabilitation program to remediate substandard housing. H3-B Support code enforcement efforts to abate violations. Goal H4- Recognize and encourage a high level of cultural and social diversity in the Foothills. "arp "P� E zN 4W H4-A Provide for a variety of housing types in the Foothills. H4-B Locate higher density housing in small town commercial zoning districts and in the Columbia Valley UGA. Such development in small town commercial districts should be consistent with each town's design guidelines, once they are adopted. Goal 1­15— House Foothills residents in safe and comfortable neighborhoods affordable to a variety of incomes. Pr yy, F .i g �_, _ . v.ir :+s'��^�!�' � „ »�, w .«.,c�..��-..` _ _. _. ---_ � F_ ... .,S �w:`r1 .... 's .T _ _ _ _ _ • _ - �":�x ua�'- ��Yv�.�` i . , ... 1­15-A Use zoning to ensure an adequate supply of affordable housing is provided in the Columbia Valley UGA. 3-5 131 Foothills Subarea Plan, Chapter 3 -May 2011PIapaft r : s: n a a v .: Tune 2420 n H5-13 Maintain the existing no shooting zone in the Columbia Valley UGA. H5-C Encourage the County Council to establish no shooting zones in the small town commercial zones, not intending to interfere with existing businesses. Map 3.1: Housing Foothills Subarea Plan - Housing Housing Types - Assessor Codes 2007 a; k1odulariMobile Single Family Multi Family 7, 4 Vacation Homes€Cabins "' ' Park Modes (seasonal use) EMFoothills Subarea Boundary -Re cnrored press or tie oa i rafiwt tree poicef size i'tt:ere ,s one house on s ar,'e pace?, t:!e erlite pa'ret ;sit? Ce colored o y<�u Sew emlier M7 sm. O•e�w�E� e" RI'as 132 Foothills Subarea Plan, Chapter 4 -May 2011 4 County Capital Facilities The Whatcom County Comprehensive Plan provides a comprehensive and current listing of the County's capital facilities and the projects proposed in the future. The plan documents level of service requirements, necessary improvements, anticipated costs and likely sources of funding. Existing Facilities County capital facilities in the Foothills subarea are limited to parks, trails, an activity center, and Sheriff's facilities. Roads are also considered capital facilities, but they are discussed in the Transportation chapter of this subarea plan. Capital facilities that are not owned or operated by Whatcom County, such as water & sewer, fire protection facilities, and schools, are addressed in other chapters of this subarea plan. The table below identifies the County capital facilities now in place in the subarea, provides the standard Whatcom County uses to measure level of service, and indicates whether there is a surplus or deficit in the subarea based on the 2006 population estimate of 6,722. Table 4.1 - Existing County Facilities Facility County -wide Level Total Surplus/Deficit of Service Standard Needed Parks Silver Lake Park, 412 acres 9.6 Acres/1,000 64.5 acres 381 acre population surplus Deming Homestead Eagle Park, 33 acres Welcome Bridge Access, .6 acres Trails Silver Lake Trail, 3.1 miles 0.60 miles/1,000 4 miles 8.5 mile surplus population Bay to Baker Trail (portions of the Maple Falls to Glacier segment), 4 miles Canyon Lake Community Forest Trail, 4.5 miles Ostrom Conservation Forest Trail, .66 miles Deming Homestead Eagle Park Trail, .30 miles Activity Welcome Senior Center Five centers/100,000 .33 centers .67 surplus Centers population Sheriff's Satellite office at Kendall Fire Hall .26 square feet/capita 1,748 1,627 square Facilities (121 square feet) foot deficit Whatcoin County also ozvns 73 acres for parkland in Maple Falls, but it is undeveloped except for trail access to the Bay to Baker Trail. Level of service standards are applied on a county -wide basis, rather than on a subarea basis. Therefore, although the surplus/deficit calculations shown above may provide useful planning information, they do not determine whether the County is in compliance with level of service standards. In addition, even 4-1 133 Foothills Subarea Plan, Chapter 4 -May 2011 when there is a "surplus" of a certain type of facility in the subarea, there may still be a real need for additional facilities. For example, there is a "surplus" of parkland in the subarea because of the presence of a regional park, but there is still a need for neighborhood parks near population centers. Additionally, there is a large deficit for Sheriffs office space. This may reflect a real need in the Foothills Subarea, but it must also be considered in the context of the County's proposed model of providing a centralized law and justice campus near Bellingham with a satellite office in the Foothills Subarea. Whatcom County Comprehensive Plan Goals and Policies The County's comprehensive plan contains a range of capital facilities planning goals and policies and conforms with the requirements of the Growth Management Act. This subarea plan proposes no amendments to those goals and policies, instead choosing to supplement them as appropriate based on community participation in the subarea planning process. Capital Facilities Issues Expanding capital facilities capacity to keep pace with growth is a perpetual challenge for local governments. Whatcom County is no exception. Growth throughout the County is happening, and the County must find ways to provide increased services as a result. Growth in the Foothills, particularly in and around the Columbia Valley, will necessitate increased County investment in its facilities in the subarea. Issues raised during the subarea planning process included: • The East County Regional Resource Center has a site donated for its use within the Planned Town Center of the Columbia Valley UGA. That site is different than the one that some of the facility's supporters favored in Kendall. • While the acreage of parks within the subarea may exceed the County's level of service standard, the type of parks provided may not meet the community's needs over time. Specifically, neighborhood parks may be needed or desired in the Columbia Valley UGA and small towns. • Access to open spaces and convenience and safety of pedestrian and bicycle modes of travel are important to Foothills residents. The existing trail system is insufficient to meet demand. Trails connecting the small towns and the Columbia Valley UGA are particularly important. • As population in the subarea grows, particularly in the Columbia Valley UGA, the County may need to establish administrative offices in the Foothills. • Foothills residents already believe they receive insufficient law enforcement presence, and increased population growth can exacerbate the problem. Future Needs Like many sparsely populated areas, the Foothills exhibits an abundance of open space. That abundance belies the limited amount of parkland that is readily accessible to subarea residents. Silver Lake Park is a large developed County park in the subarea, but it is located at the northern end of Silver Lake Road and is accessible to most Foothills' residents only by private vehicle. There are no public neighborhood parks within walking distance of the Columbia Valley UGA. The closest playfields are at the Kendall Elementary School, south of the UGA. However, access to these playfields is along a high-speed State highway. The Foothills subarea exceeds the County's standards for parkland provision, but additional parks will have to be provided to meet the recreational needs of area residents. The County's parks and 4-2 134 Foothills Subarea Plan, Chapter 4 -May 2011 recreation plan begins to address these issues, outlining facilities and the means necessary to get them on line. In addition, the trails system needs to be more fully addressed. Trails can serve as both recreational and transportation assets, encouraging active communities and non -automotive travel. The trails serving the subarea today are almost exclusively intended for recreation, including trails in Silver Lake Park, informal trails on state lands, and trails on federal lands (east of the Foothills Subarea). Community participation in this plan revealed a popular desire for additional trails, particularly to link the four P Center -Rural Communities and the UGA. As population increases, the demand for more transportation - oriented trails will increase. The County is undertaking an effort to locate a regional resource center in the Foothills. The resource center, to be owned and operated by the County, would provide a range of community -oriented services, which may include educational services, youth recreation, a food bank, health care, work force training, and County government functions. A six -acre site in the heart of the Columbia Valley was approved by the County Council and donated to the County in 2006. In 2010, an additional acreage is being donated to the County for play fields adjacent to the regional resource center site, so that the overall size of the site will be approximately 8.5 acres. That site coincides with the proposed Town Center location, is within easy walking distance of a large number of people, and is within the boundaries of a special purpose district that provides water and sewer service. It is also consistent with the planned urban character of the area. Law enforcement presence is an important issue to Foothills residents. As an unincorporated, sparsely populated area, it is difficult to serve. Whatcom County Sheriff deputies are responsible for public safety in the subarea. They have a small substation located in the Kendall Fire Hall, but an increasing urban population in the Columbia Valley will require an increased law enforcement presence. The table below lists the County facilities proposed to address current deficits and increased demand. It also indicates the 6,12 or 20 year time period within which the facility is to come on line. The location and timing of these projects is consistent and coordinated with expected buildout of the preferred land use plan. Additional information on parks and trails facilities can be found in the County's parks and recreation plan. Whatcom County has a 20-Year Capital Facilities Plan and a Six -Year Capital Improvement Program that address the need for County capital facilities. Table 4.2 below lists projects in the Foothills Subarea that are already in the County's capital plans or should be added when adequate funding is identified. 4-3 135 Foothills Subarea Plan, Chapter 4 -May 2011PIan ing r.........:....:.... .Rec m—mmPnEled Version rune 2420 0- Table 4.2 — Proposed County Capital Facilities By By By Proposed Facility 2016 2022 2029 Parks Silver Lake Park facilities renovation/expansion x Deming Homestead Eagle Park trail im rovements * x Kendall Town Park x Maple Falls Town Park x Columbia Valley UGA Park x Trails Bay to Baker Trail (Kendall to Limestone Rd. , 3 miles x Bay to Baker Trail (Maple Falls/Glacier) — 1.8 mile addition to existing trail x Bay to Baker Trail (Glacier to dense development to the east), 1.5 miles x Bay to Baker Trail (Kendall/Maple Falls), 3 miles x Trail (Deming/Kendall), 10 miles x Sumas Mountain Trail, 7 miles x x Activity East County Regional Resource Centers Center x Sheriff's Satellite office in Columbia Valley Facilities town center x Whatcom County generally provides passive recreational facilities and programs of countywide and regional significance. Options for providing neighborhood and community park and recreation facilities and services include but are not limited to local recreation service areas (RCW 36.68) and recreation service districts (RCW 36.69), along with local neighborhood and community associations. 4-4 136 Foothills Subarea Plan, Chapter 4 -May 2011 Foothills Subarea Plan Goals, Policies, and Programs Goal CH - Concentrate urban growth in the Columbia Valley UGA, creating a diverse mix of land uses and resulting in the provision of a full spectrum of urban services, including water, sanitary sewerage, storm drainage, law enforcement, fire protection, libraries, schools, parks, public transit and other similar services. CF1-A Invest in capital facilities to keep pace with increases in demand in the UGA. CH -B Seek public and/or private funding to supplement County spending on capital facilities in the UGA. Goal CF2 - Enhance the Rur�&R-ter-Rural Communities of Deming, Kendall, Maple Falls, and Glacier as vital, vibrant and distinct areas, within which the community can meet, mingle, shop and take care of daily errands. CF2-A Invest in capital improvements consistent with small town character. CF2-B Provide public spaces (which include restrooms) in which residents and visitors can gather near town centers. Goal CF3 - Provide for increased employment opportunities in the Foothills. CF3-A Provide adequate roadway and multimodal access to likely employment sites. CF3-B Provide public parking nodes to support increased use of commercial areas, encouraging the use of permeable surfaces. Goal CF4 - Recognize and encourage a high level of cultural and social diversity in the Foothills. CF4-A Encourage Whatcom County to invest in public parks and trails with appropriate accessibility to the public. Goal CF5 - Enhance resident and visitor access to the Foothills' recreational opportunities. n� '� .. . `' 9 x e fc �� _ RN { �E wE r r ..'�,'A.a�.: CF5-A Invest in the acquisition and maintenance of parks and trails in the subarea. 4-5 137 Foothills Subarea Plan, Chapter 4 -May 2011 v . T.. 24,2 n Map 4.1: County Capital Facilities r � > saesec, era .s•..fu'M' -., ._- :.,'! _ Prot a"xe r urd S:Sw�J t,r�' F Srfver Lake r i01 Park and Traris152 W. �� 5` Ostrom canservatiorr Forest Trail t a`1Z sheriff's OfflCa77 . - s a4>-.,Bay to Baker Trari 4 -A - E s y = JA I_23_fy!�, 6ff "n it i r� r , x Deming Wortead Wetcame`5enror Genief xtS. a Eagle Park r ` ° t ss. I Canyon '. 11 4: , community Forest ' l � k rp> LuAT and Trail x • �' � f � - ..�--`".. -:� ��- `'`�-'�'�� �� �fad � �'� •. Al � f r Foothills Subarea Plan Proposed Facilities�.°�.rf« w�.x - County Capital Facilities Parks 1- Silver Lake Park facilitiesrenovolion:expansion Existing Facilities 2- Deming Homestead Eagle Paik trail improvements `�.,„'y' t".rml,n g 3- Kendall Tovm Park Whatcom County Parks and Trails 4- Maple Falls Town Park Whatcom County Parks Trails S- Bay to Baker Trail (Kendall to Limestone Rd. 3 miles) Trails 6- Bay to Baker Trail (Maple FallsiGlacier 1.8 mile addition] �,�Znre c�G�'� 7- Bay to Baker Trail (Glacier to dense develp. to the east 1.5 miles) r°3 y Whatcom County Activity Centers S. Bay to Baker Trail (Kendall%Maple Falls 3 miles) Welcome Senior Activity Center 9-Trail (Deming.!Kendall 10 miles) Whatcom County Sheriff 10- Sumas Mountain Trail (7 miles) ® Satellite Office Activity Centers YI- East County Regional Resource Center Septn-niber2&37sbw a °, ;° e 12 Foothills Subarea boundary Sheriffs Facilities12- Satellite Valley Center *'P4 office in Columbia Town. 4-6 138 Foothills Subarea Plan, Chapter 5 -May 2011 5 Utilities Existing Conditions Utility service in the Foothills Subarea varies in breadth and quality. One area may be provided with water from a water district but operate a septic system for their wastewater, while another area may be provided with both sewer and water service. Much of the area does not have high speed internet access or cellular phone service. Water Districts The Columbia Valley Urban Growth Area (UGA) is served by Whatcom County Water District No. 13 and the Columbia Valley Water District (formerly known as Evergreen Water -Sewer District No.191. Interestingly ,-Water District 13 provides water & sewer service and the Columbia Valley Water DistrictL9 P^ra_^^^ �n'�� c�I'Ver- PistFiet provides only water service at the current time. Water District 13 was established in 1975 to serve the Peaceful Valley development. According to the State Department of Health drinking water database, Water District 13 is approved for 1,338 total connections and served 347 existing connections as of July 2006. This leaves capacity for 991 additional approved connections. Additionally, Water District 13 installed meters in 2005-07. In other areas around the County, water usage has come down when meters are installed and a rate structure implemented that charges more when additional water is used. These measures lead to repairing leaky pipes and generally result in water conservation. The District's engineer has estimated that the District may be able to gain approval for about 300 additional water connections, with their existing water rights, because of conservation measures. Water District No. 13 has two tanks with a total storage capacity of 300,000 gallons. The District draws groundwater from two wells to serve its customers. Potable water has not been treated in the past. The predecessor of the Columbia Valley Water District (formerly known as Evergreen Water -Sewer District No. 19) the Paradise Lakes Country Club water association, operated the water system from its inception in 1971 until 2003, when Evergreen Water -Sewer District took over the system. The Columbia Valley Water Distric!Evergr^^. ��-,^'�'*�eF ewer— � � provides water service to the Paradise Lakes Country Club subdivision and the Camper's Paradise recreational development. According to a State Department of Health letter dated February 9, 2007, the District is approved for 1,423 total connections and served 1,367 existing connections. This leaves capacity for 56 additional approved connections. The Columbia Valley Water District isttaet has five tanks with a total storage capacity of 810,000 gallons. The District draws groundwater from three wells to serve its customers. Potable water is chlorinated immediately after drawing it from the source. There is no other treatment of the water. 5-1 139 Foothills Subarea Plan, Chapter 5 -May 2011 Table 5.1 — Additional Water connections to serve the UGA District Additional Connections Water District 13: 991 (already approved) Columbia Valley Water District (formerly Evergreen Water -Sewer DistrictJ: 56 (already approved) Total: 1,047 Approximately 515 additional dwelling units would be needed in the Columbia Valley Urban Growth Area (UGA) to accommodate the projected population growth over the planning period (2006-2029). It appears that the water districts currently serving the UGA will, with planned water conservation measures and planned system improvements, be able to serve the anticipated population growth. Water purveyors serving the Small Towns include the Deming Water Association, Maple Falls Water Coop and the Glacier Water District. The Deming Water Association was formed in 1979, at which time the Association assumed responsibility for operation of an existing water system serving the Deming Community. This water system has been in existence since the early 1900s. According to the State Department of Health drinking water database, the Deming Water Association served 89 existing connections as of July 2006, but is not approved for additional connections. The Association service membership is a mixture of residential, business (food and commercial services), agricultural, medical, institutional (public education facilities, church, and library), and Nooksack Tribal facilities (educational, administration, and human service offices). Required improvements to the system include replacement of the aging distribution system with new and larger diameter pipes, valves, and service meters (the Deming Water Association also plans to install fire hydrants, even though they are not required by the State). Deming Water Association draws water, which is treated by chlorination and ultra -violet light, from a groundwater spring field to serve its members and has one tank with a total storage capacity of 237,000 gallons. The Maple Falls Water Coop was formed in 1947. According to the State Department of Health drinking water database, the Maple Falls Water Coop is approved for 188 total connections and served 90 existing connections as of July 2006. This leaves capacity for 98 additional connections. Maple Falls Water Coop draws groundwater, which does not require treatment, from two wells and a well field to serve its customers and has two tanks with a total storage capacity of 88,000 gallons. The District completed its metering program in 1999 by installing meters on all active services. The Glacier Water District was formed in 1975, at which time it took over operation of several smaller water systems. According to the State Department of Health drinking water database, Glacier Water District is approved for 1,165 total connections and served 581 existing connections as of July 2006. This leaves capacity for 584 additional connections. Glacier Water District draws groundwater, which does not require treatment, from two wells to serve its customers and has one tank with a total storage capacity of 500,000 gallons. The District completed its metering program in 1998 by installing meters on all active services. 5-2 140 Foothills Subarea Plan, Chapter 5 -May 2011121amina Cer ssie., n--damn nded-Verso , lu e 2A_,'v10 The water systems serving the Small Towns are currently adequate to serve future growth, with the exception of the Deming Water Association. However, growth in Deming over the 20-year planning period is expected to be modest and there is a proposed project in this Subarea Plan to upgrade the Deming Water Association water distribution system to Department of Health Standards. There are a number of other public water systems in the Foothills Subarea, including systems serving: Deming Speedway, Mt. Baker School District # 507, Hollingsworth Water Association, Carol's Coffee Cup, Teamousey Teapot, Riverview Water Association, North Fork Brewery, Kendall Creek Salmon Hatchery, Black Mountain Ranch, Kendall Grocery, Red Mountain Estates, Camp Black Mountain, Silver Lake Park, the Glen Community Association, Shady Ridge Association, Cascade West Recreation Club, Mt. Baker Baptist Camp, and Glacier Springs. Sewer Districts Whatcom County Water District No.13 provides sanitary sewer service to a portion of the Columbia Valley UGA. The District has capacity to connect the existing platted lots within their service area, but substantial new development will require upgrades to the wastewater treatment facilities. The Districts comprehensive sewer plan is being updated. There are no other purveyors that provide sanitary sewer service in the Foothills Subarea as of 2010. Power Puget Sound Energy (PSE) provides electrical service in the Foothills. A 115 KV transmission line extends power to the Foothills area, through Deming and north through Kendall. At Kendall, a 55 KV transmission line travels east along the Mount Baker Highway to serve Maple Falls, Glacier and beyond. Puget Sound Energy has one transmission substation in Kendall at the intersection of the transmission line that heads north through the Columbia Valley UGA and the one that serves areas east of Kendall. The Nooksack Falls power plant, located east of the subarea, provides power to the Puget Sound Energy grid. Television, Phone and Cellular Services Comcast provides digital cable service to a portion of the subarea. Verizon is the only company that provides landline phone services to the Foothills. Deming has two towers that provide signals to cellular users. Beyond Deming, however, cellular phone service is spotty. Only one cellular tower exists near the remaining communities in the Foothills and it is centrally located in the Foothills between Glacier, Kendall and Mosquito Lake Road. This lack of cellular phone service in the Foothills has become an issue many residents are concerned about. In late 2006, the Foothills Subarea Plan Advisory Committee crafted a questionnaire to encourage further public comment in the subarea planning process. It was distributed to land owners in the Foothills and the results were tabulated in the "Foothills Subarea Plan Questionnaire Report' (January 2007). Nearly 80 percent of respondents indicated they were concerned about the lack of cellular phone service in the Foothills. With more and more residents living in the Foothills year-round, cellular phone service could become a very important feature for the area. 5-3 141 Foothills Subarea Plan, Chapter 5 -May 2011n M-m-iss. Re, gl*,Me Aed Version tune 2n on, 0 Stormwater There is currently no stormwater utility in the Foothills. Although, with future development planned in the Columbia Valley UGA, a stormwater utility may be necessary in the future. There are policies to encourage use of low impact development (LID) techniques in the Columbia Valley UGA (Policy LU9-D in chapter 2, Goal EN1 in chapter 11 and Policy EN1-K in chapter 11). LID is a stormwater management strategy that emphasizes conservation and use of existing natural site features integrated with small-scale stormwater controls to more closely mimic natural water movement patterns. Whatcom County Comprehensive Plan Goals and Policies The Whatcom County Comprehensive Plan's utilities goals and policies are designed to reinforce coordination between providers and the County. This subarea plan proposes no amendments to any of them. Utilities Issues The planning process brought into focus these important issues regarding utilities: • Perhaps the greatest utilities challenge will be to offer sustained sanitary sewer service to the Columbia Valley UGA. Population increase and the threat to surface and ground water quality will demand it. • Communication by cell phone is not available throughout much of the subarea. This is a public safety, economic development and convenience issue. • Stormwater and surface runoff has been managed rather informally, with drainage percolating into the soil or discharging into streams and rivers untreated. Increased development, particularly in the Columbia Valley, will necessitate a more sophisticated approach. • Water providers in Maple Falls and Glacier are capable of providing services to the forecast population. However, the Deming Water Association may require significant investment to increase system capacity. • As the winter of 2006/2007 demonstrated, the Foothills subarea is vulnerable to power outages. 5-4 142 Foothills Subarea Plan, Chapter 5 - May 2011 Foothills Subarea Plan Goals, Policies and Programs Goal U1 - Concentrate urban growth in the Columbia Valley UGA, creating a diverse mix of land uses and resulting in the provision of a full spectrum of urban services, including water, sanitary sewerage, storm drainage, law enforcement, fire protection, libraries, schools, parks, public transit and other similar services. U1-A Encourage sewer system reinvestment to expand sanitary sewer provision in the entire UGA consistent with anticipated increases in development intensity. U1-B Facilitate collaboration between the water districts serving the Columbia Valley to provide water and wastewater treatment at urban levels of service. U 1-C Encourage water and sewer districts to program service for planned urban growth in the Columbia Valley UGA when formulating/updating water system plans and comprehensive sewer plans. U1-1) Encourage and facilitate completion of capital facilities planning by special districts, which serve the UGA, by 2012. U1-E Encourage capital facilities plans to reflect existing levels of service throughout the UGA. Goal U2- Enhance the small towns of Deming, Kendall, Maple Falls, and Glacier as vital, vibrant and distinct areas, within which the community can meet, mingle, shop and take care of daily errands. U2-A Encourage upgrading the Deming water system as necessary to serve their needs. Goal U3 — Provide for increased employment opportunities in the Foothills. U3-A Facilitate investment in the communications infrastructure to provide cellular service and high-speed Internet access. U3-B Ensure water supply and wastewater treatment are adequate and appropriate for likely light impact industrial or commercial development. Goal U4 Improve reliability of utility service in the Foothills F he .1.�'�� xi?r..,,�. s U4-A Use an arborist and forester to review and revise tree planting and maintenance policies in state and County rights of way near overhead utility lines including, but not limited to, wind screens, silviculture, replacement plantings, and preserving visual buffering. U4-B Work with utility providers to increase network redundancy, providing alternate routing or looped system design to make it less vulnerable to failure. 5-5 143 Foothills Subarea Plan, Chapter 5 -May 2011"-.a.^^ ^^ ^ ^^ Reeom-^^^a^a Ve--Sion Tune 2 20 0 U4-C Facilitate provision of power sources that are in alignment with the community's vision and rural character, emphasizing small-scale renewable energy. Strongly discourage large-scale projects that primarily provide energy to areas outside the Foothills Subarea that are detrimental to the natural resources and rural character of the Subarea. U4-D Collaborate with communications providers to decrease the system's vulnerability to weather extremes. WE Facilitate emergency planning among utility providers. Goal U5 — Protect surface and ground water quality and quantity and sensitive habitat areas throughout the subarea, consistent with best available science. U5-A Encourage all public water providers to implement conservation programs. U5-B Encourage provision of sanitary sewer in the Columbia Valley UGA to protect the ground water resource. U5-C Sewer lines should not be located outside of the Columbia Valley UGA, except in those limited circumstances shown to be necessary to protect basic public health and safety and the environment. Any such extension must be financially supporfable at rural densities and must not permit urban development. Goal U6 — Ensure the Foothills subarea remains a safe place in which to reside, operate a business, and visit. U6-A Collaborate with communications providers to expand cellular telephone and high speed Internet service in the Foothills. 5-6 144 Foothills Subarea Plan, Chapter 6 - May_ 201_l.P'^n1.nin^ (::nrppRiggi n ReGG.,-,.,, eRGIeGI Mors,,.. j, no 2n 2n, n 6 Transportation Movement The Foothills Subarea relies on the automobile. It is a remote and mostly rural place, with residents traveling to other places to work, shop or take care of other daily activities. The following paragraphs describe how people and goods move about. Road Network Mt Baker Highway (SR 542) and Kendall Road (SR 547) are the two main routes through the Foothills. Of the two, Mt Baker Highway is busier, accommodating approximately 8,000-9,000 average daily trips at Deming in 2006. The highway accesses all four of the subarea's Rural-CentersRural Communities, acting as "Main Street" for Maple Falls and Glacier. It dead -ends at the base of Artist's Point, Milepost 57.26. SR 547 links Kendall to Sumas, running north through the Columbia Valley and exiting the planning area north of Sumas Mountain. State highways in the subarea are two-lane roads, and generally have speed limits ranging from 40-55 miles per hour (20 mph in a school zone). There are numerous intersections with these highways, from private driveways to County road and State Route intersections. A collection of County roads also serves the planning area. Mosquito Lake Road links SR 542 to the southern reaches of the subarea, and Silver Lake Road links Maple Falls to Silver Lake Park and the northern reaches of the planning area. The County roads generally parallel the courses of the valleys, providing local access to land that isn't served by the state highways. There are also networks of private roads traversing the rural, forested hillsides. Large -lot, isolated home sites and forestland rely on these unpaved private roads for access. The Peaceful Valley development is also served by a private road system. Pedestrian Movement People walk, but their walking trips are generally limited to those in and around the Rur-af-Ger-ater-sRural Communities and along neighborhood streets and cul-de-sacs in the Columbia Valley. The dispersion of land uses throughout the subarea limits walking, and the lack of a trail system interconnecting the -R-wral Een#er.sRural Communities discourages any long-distance walking. Participants in the workshops noted that they would walk more if they felt it was safe. They also noted, however, that it would be unrealistic to plan for this largely rural community to rely solely on walking for the majority of its transportation needs. The places people need to go are just spaced too far apart, and the weather is not always conducive to being on foot. Bicycle Movement Bicycling on Mt Baker Highway and Kendall Road can be dangerous. The roadway shoulders are narrow, visibility is limited in places, vehicle speeds are high, and the curves are tight. There are no bike lanes, and cyclists must share the road with cars, trucks and buses. N. 145 Foothills Subarea Plan, Chapter 6 —May 2011 The most popular areas for cycling are in the Columbia Valley, where residential streets are alive with children and youth on bikes. They rarely venture beyond the valley, though, because travel on the highway, even to a place as close as Kendall, is uninviting and unsafe. Automotive Movement Many Foothills residents commute to the Bellingham area for work, and SR 542 is the primary way residents reach their jobs in Bellingham. The vast majority of trips are made by single occupant automobiles. The other major road in the subarea is Kendall Road (SR 547) which bisects the Columbia Valley UGA. It is not nearly as busy as Mt. Baker Highway, but it does provide residents with access to several small cities within Whatcom County and the border crossing at Sumas. As the Foothills Subarea grows in the future, there will be a need to make changes to the highway system to accommodate the new vehicle trips which will occur with this growth. These changes could take the form of traffic signals, roundabouts, turn - lanes, auxiliary lanes, or other improvements (excluding 4 or more lane highways). Freight Movement There used to be a freight rail line in the Foothills, but now freight in the subarea is carried by truck. That freight mostly is in the form of logs harvested from the forest or rock and minerals mined from the hillsides or gravel pits. Freight traveling into the Foothills Subarea includes supplies for the various restaurants, convenience and retail stores in and between the Rul EeratersRural Communities. Also, petroleum products are transported into the subarea to supply the gas stations. Public Transportation The Whatcom Transportation Authority (WTA) operates one route — 72x Kendall (Foothills Express) — connecting the Foothills and Bellingham. As of 2007, the buses on route 72x pick up passengers in Kendall six times throughout the day beginning at 6:21 a.m. with the last pick up in the area at 6:47 p.m. The route runs daily, Monday through Saturday (with limited service on Saturdays), and combines fixed and flex route service. At peak times, however, riders missing one bus must wait almost 90 minutes for the next. In 2005, the route had an average of 12.8 boardings per hour and in 2006 that number dropped slightly to 10.0 boardings per hour. This is likely due to the additional trip that was added to the route during the year. In 2006, the route had 2,755 boardings per month, 860 of which were at bus stops located in the Kendall area (which includes the UGA]. The route averaged 246 passenger miles per hour in 2006, which was ranked 3rd out of all 32 routes WTA offers. Though the route is exceedingly popular, the Foothills' remoteness makes it difficult to serve with any frequency. Access Management Access management of state routes in unincorporated areas of the State are the responsibility of the Washington State Department of Transportation (WSDOT) under RCW 47.50. This law requires regulation of access to state routes in order to protect the public health, safety and efficient movement of people and goods. There are two basic sections of the law: Access Permits (WAC 468-51); and Access Control Classification System (WAC 468-52). Any new access to State Routes 542 or 547 will require an access permit from WSDOT. Additionally, changes in use to an existing access point will require a new permit. New development may also require developers to provide traffic mitigation measures and/or safety improvements to the highway system. To 6-2 146 Foothills Subarea Plan, Chapter 6 - Mg X 201 1. accommodate future growth, it will be necessary to ensure that all development fully mitigate their traffic impacts. Whatcom County Comprehensive Plan Goals and Policies The Whatcom County Comprehensive Plan contains an extensive collection of transportation goals and policies. This subarea plan proposes no revisions to those goals and policies, but includes a collection of goals and policies to supplement them for the Foothills. Level -of -Service Standards Whatcom County and the Washington State Department of Transportation (WSDOT) have adopted level of service standards for their roadways, as noted in the County's comprehensive plan. Level of service standards are a measure of traffic congestion along a roadway or at an intersection. New development has the potential to impact the transportation system. Specific mitigation appropriate to development will need to be identified as growth occurs. Planning Issues The Foothills Subarea is unique in its transportation planning issues. Such a large number of people living either in concentrated developments or on large lots of five, ten, or more acres complicates transportation planning strategies. Issues within the subarea are diverse and interconnected. • Location is a primary constraint for successful transportation planning in the subarea. Since the Foothills is such a remote area, movement is primarily by personal vehicle. As populations have increased in both rural and more concentrated developments, these vehicle trips have increased and will continue to increase with future growth unless alternative forms of transportation are readily available. • Pedestrian/bicycle travel can be a hazardous form of transportation when these travelers are navigating a narrow shoulder next to high speed roads and highways. In many cases, pedestrian/bicycle routes between residential and commercial areas are along high-speed roads and highways. These paths are not very inviting or safe for non -vehicular travel. • There is a lack of non -vehicular connection between Communities in the subarea. Most travel within the subarea must be done by vehicle. Alternatives to vehicular travel trails, bicycle paths, bicycle lanes — would make the Foothills a more multi -modal subarea. • Public transportation is beginning to take hold in the subarea but due to the long trip from the Paradise Lakes and Peaceful Valley areas to Bellingham and other factors, it isn't often the most attractive option for commuters. Planning Concept The emphasis for transportation planning in this subarea plan is on enhancing multi -modal options near and between areas of population concentration, increasing connections between commercial areas, and improving existing transportation facilities to make them safer for both subarea residents and visitors. 6-3 147 Foothills Subarea Plan, Chapter 6— Pedestrian and Bicycle Movement Many of the transportation projects in this plan's implementation chapter are related to development of trail systems and bike lanes for safe pedestrian and bicycle travel throughout the subarea. Most improvements designed for pedestrians are inherently suitable for bicycle travel, serving a dual purpose. Improvements to pedestrian/bicycle facilities may reduce the number of short to medium -distance vehicular trips throughout the subarea. During the early public participation phase of this planning process participants suggested more people would ride their bikes to park -and -rides if such new facilities provided safe places to lock up bicycles. This plan's goals and policies encourage innovative solutions to enhance the subarea's multi -modal capability. Automotive Movement Personal automobile use will likely continue to be the method of choice for longer trips out of the subarea. The goals and policies in this plan are intended to encourage other modes of travel for shorter trips within the subarea. They also serve to address the conflicts between pedestrian/bicycle traffic and automotive traffic by encouraging segregated traveling routes for motorized and non -motorized travel. The plan suggests lowering speed limits in areas where motorized and non -motorized movement conflicts are unavoidable and encourages maintaining the existing capacity of the road systems in the subarea, preferring two lane highways over four -lane highways. Specifically identified developer contributions and/or improvements will be required to mitigate the impacts on the system that result from growth. Freight Movement Freight movement will likely continue to be truck -based. With potential increased light impact industrial development in the Columbia Valley UGA, freight trip frequency and the quantity of goods moved through the subarea will likely increase. Public Transportation The policies throughout this plan suggest that as population increases, public transportation service should be increased to match the demand for service. Movement between population concentrations and commercial centers within the subarea will be the next area of need for public transportation services. When pedestrian and/or bicycle travel is not an option — during cold winter months, for example — public transportation will become increasingly important for safe movement through the subarea. This public transportation network, for travel within the subarea, will also be important for low-income families who may not be able to afford having and maintaining a personal vehicle for each driving -age member of the household. Demand Management/Transportation Improvements The strategy for managing the subarea's future demand for transportation facilities is primarily focused on enhancing transportation option diversity, not on increasing road capacity. The emphasis on multi -modal options in the Columbia Valley UGA and throughout the subarea will provide transportation choices and alternatives to the use of personal vehicles on the area's roads. Also, increasing the safety of state highways and county roads through the potential use of traffic signals, roundabouts and the addition of bike lanes to major routes will increase the capacity of the road (for non -motorized vehicles) and the overall safety of the routes for motorized and non -motorized travelers alike. 6-4