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Packet Jul 12 2016
WHA TCOM CO UNTY CO UNCIL A GENDA BILL NO. 2016 220 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 6/30/2016 7/12/2016 Finance & Introduct Division Head: Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT.• Ord amending WCC Title 2, to reflect an increase in number of Council Districts ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) 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.) Ordinance amending Whatcom County Code Title 2, Administration and Personnel, to reflect an increase in the number of County Council Districts 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. PROPOSED BY: CLERIC OF THE COUNCIL INTRODUCTION DATE: JULY 12, 2016 ORDINANCE NO. AMENDING WHATCOM COUNTY CODE TITLE 2, ADMINISTRATION AND PERSONNEL, TO ADD LANGUAGE RELATED TO AN INCREASE IN THE NUMBER OF WHATCOM COUNTY COUNCIL DISTRICTS WHEREAS, at the November 2015 General Election the voters of Whatcom County approved an amendment to the Whatcom County Charter to increase the number of county council districts from three to five; and WHEREAS, in April 2016 a new five -district districting plan for Whatcom County was adopted by the 2016 Whatcom County Districting Committee; and WHEREAS, the new districting plan divides Whatcom County into five council districts of approximately equal size; and WHEREAS, Whatcom County Code Title 2, Administration and Personnel, contains district residency requirement language for the county council and select Whatcom County boards and commissions that must be amended to reflect the new five -district districting plan adopted for Whatcom County. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code Title 2, Administration and Personnel, is hereby amended as outlined in "Exhibit A" to this ordinance. ADOPTED this day of , 2016. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Barry Buchanan, Council Chair APPROVED AS TO FORM: ( ) Approved ( ) Denied Civil Deputy Prosecutor Jack Louws, County Executive Date: 2 EXHIBIT A (AMEND WCC TITLE 2 RELATED TO DISTRICT REQUIREMENT) CHAPTER 2.02 COUNTY COUNCIL 2.02.005 Council - Composition. The council shall consist of seven members, troe one councilmembers from each of the three -five council districts and ene two councilmembers at -large. CHAPTER 2.21 BOARD OF EQUALIZATION 2.21.010 Established The Whatcom County board of equalization is established to consist of three members and two alternates, none of whom shall be members of the Whatcom County legislative authority. No Fn 1,ia-R-eoe Fnengber of the bOaFd of equalizatioR shall Fesm ie i- €a cih4ss ieE {9 d 95- G44r 2.21.030 Resdeney of alternates; hc-avarcr-ar-eciije4z-C?t�vn-shaTrbFge hasi='. (Ord. 95 G44Y 2.21.020 Membership - Term of Office. Board members shall be apgointed by the county council on an at -large basis. Member terms shall be three years pursuant to RCW 84.48.026 2.21.040 Compensation for meeting attendance. As authorized by RCW 84.48.010, members of the board of equalization aFe-te shall receive $75-.G8 per day for each day of actual attendance of the at a meeting of the board. (Ord. 95-044). CHAPTER 2.29 PARKS AND RECREATION DEPARTMENT 2.29.050 Parks and recreation commission. B. The parks and recreation commission shall consist of seven members twee one members -appointed from each county council district and one two members appointed at -large. All terms of office shall be for four years. All appointments for the purpose of filling vacancies shall be for the remaining portion of the unexpired term. No member shall serve more than two consecutive full terms. CHAPTER 2.31 PLANNING COMMISSION 2.31.030 Membership. The planning Commission shall ansist of nine members appointed by the county council, one member From each council district and the other four representing_ 1. The development community. 2. The environmental community. 3. T a s ortati n. 4 Resource lands. Members shall be citizens not serving in elective county offices. Appointment shall be in compliance with Chapter 2.03 of the Whatcom County Code. 3 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016 200 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 6/21/2016 6/28/2016 Introduction Division Head: 7/12/2016 inane/Council Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Ordinance Repealing & Replacing WCC Chapter 1.12, Council District Boundaries ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you fnust 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.) Ordinance Repealing & Replacing WCC Chapter 1.12, Council District Boundaries COMMITTEE ACTION: COUNCIL ACTION. 6/28/2016: Introduced 7-0 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. 0 PROPOSED BY: CLERK OF THE COUNCIL INTRODUCTION DATE: JUNE 28, 2016 ORDINANCE NO. REPEALING AND REPLACING WHATCOM COUNTY CODE CHAPTER 1.12, COUNCIL DISTRICT BOUNDARIES WHEREAS, in the November 2015 General Election the voters of Whatcom County approved an amendment to the County Charter requiring that Whatcom County be divided into five equal council districts; and WHEREAS, per Whatcom County Charter Section 4.41, council district boundaries are set by an appointed districting committee; and WHEREAS, on January 26, 2016, the County Council appointed four members (two members from each major political party) to serve on the 2016 Whatcom County Districting Committee; and WHEREAS, on February 24, 2016, the four council -appointed committee members selected a fifth member to serve as committee chair, and appointed a qualified Districting Master to draw a new districting plan for Whatcom County; and WHEREAS, the Districting Committee held several meetings to review council district boundaries and discuss options for producing a plan with compact districts that are geographically contiguous, contain approximately equal population (using 2010 Census data), and, to the extent feasible, consist of boundaries that coincide with existing recognized natural boundaries and preserve communities of interest; and WHEREAS, on April 20, 2016, the Whatcom County Districting Committee adopted a five -district districting plan for Whatcom County; and WHEREAS, the newly adopted plan became effective upon filing with the Whatcom County Auditor on April 21, 2016; and WHEREAS, council district boundaries are defined in Whatcom County Code Chapter 1.12 and it is necessary to amend this chapter to include legal descriptions for the five new districts. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code Chapter 1.12, Council District Boundaries, is hereby repealed in its entirety and replaced by Exhibit A to this ordinance. ADOPTED this day of ATTEST: Dana Brown -Davis Clerk of the Council ARPRO D AS TO FOAM-. — Karen Frakes Civil Deputy Prosecutor , 2016. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan Council Chair ( ) Approved ( ) Denied Jack Louws County Executive 5 EXHIBIT A (ORDINANCE REPEALING AND REPLACING WCC 1.12, COUNCIL DISTRICT BOUNDARIES) COUNCIL DISTRICT BOUNDARIES Sections: 1.12,010 Boundary lines. 1.12.010 Boundary lines. A. DISTRICT 1 — SOUTH BELLINGHAM District 1 shall be defined as follows: Beginning at the intersection of the centerline of Lakeway Drive and the 2016 city limits of Bellingham; Thence southerly and westerly along the city limits of Bellingham to the N/S center section line of Township 38 North, Range 3 East, Section 33; Thence southerly to the southern section line of Township 38 North, Range 3 East, Section 33; Thence easterly along said section line to the northeast corner of Township 37 North, Range 3 East, Section 4; Thence southerly along said section line to the southeast corner of said section; Thence westerly along the southern section line of Township 37 North, Range 3 East, Section 4 to the N/S center section line of Township 37 North, Range 3 East, Section 9; Thence southerly along said center section line to the city limits of Bellingham; Thence easterly, southerly, westerly, and northerly along the city limits of the city of Bellingham to the centerline of Roeder Ave; Thence northwesterly along the centerline of Roeder Avenue to the centerline of E Street; Thence northeasterly along the centerline of E Street and extended to the centerline of Jenkins Street; Thence southeasterly along the centerline of Jenkins Street to the centerline of B Street; Thence northeasterly along the centerline of B Street to the centerline of Cornwall Avenue; Thence northerly the centerline of Cornwall Avenue to the intersection with of Carolina Street; Thence easterly along the centerline of Carolina Street to the intersection of King Street; Thence northerly along the centerline of King Street to the centerline of Texas Street; Thence easterly along the centerline of Texas Street to the centerline of the northbound lane of Interstate 5; Thence southerly along the centerline of northbound lane of Interstate 5 to its intersection with the centerline of Fraser Street; Thence easterly along the centerline of Fraser Street to the centerline of Woburn Street; Thence northerly along the centerline of Woburn Street to center of Whatcom Creek; Thence easterly and northerly along the centerline of Whatcom Creek to the intersection with Silver Beach Street; Thence southerly and westerly along the centerline of Silver Beach Road to the centerline of Lakeway Drive; Thence easterly along the centerline of Lakeway Drive to the point of beginning. B. DISTRICT 2 — NORTH BELLINGHAM District 2 shall be defined as follows: Beginning at the intersection of Guide Meridian Road and Horton Road and the 2016 city limits of Bellingham Township 38 North, Range 3 east, Section 6; Thence easterly, southerly, and westerly along the city limits Bellingham to the intersection with Lakeway Drive; Thence westerly along the centerline of Lakeway Drive to the centerline of Silver Beach Road; Thence northerly along the centerline of Silver Beach Road to the intersection with the centerline of Whatcom Creek; Thence westerly along Whatcom Creek to the intersection with Woburn Street; Thence southerly along the centerline of Woburn Street to the centerline of Fraser Street; Thence westerly along the centerline of Fraser Street to 0• the intersection of the centerline of the northbound lane of Interstate 5; Thence northerly along the centerline of the northbound lane of Interstate 5 to the intersection of Texas Street; Thence westerly along the centerline of Texas Street to the intersection with King Street; Thence southerly along the centerline of King Street to the centerline of Carolina Street; Thence westerly along the centerline of Carolina Street to the intersection or Cornwall Avenue; Thence southerly along the centerline of Cornwall Avenue to the intersection of B Street; Thence southwesterly along the centerline of B Street to the centerline of Jenkins Street; Thence northwesterly along the centerline of Jenkins Street to the centerline of E Street; Thence southwesterly along the centerline of E Street extended to the centerline of Roeder Ave; Thence southeasterly along the centerline of Roeder Avenue to Whatcom Creek; Thence southwesterly to the shoreline of Bellingham Bay; Thence northwesterly along the shoreline of Bellingham Bay to a point 1,600 feet west of the C.F Roberts Donation Land Claim; Thence northerly along said line to the centerline of BNRR Iine;Thence northwesterly along said centerline to a point 660' east of the centerline of Wynn Road; Thence northerly 620'; Thence easterly 2,000 feet; Thence southerly 1,525 feet; Thence southeasterly, parallel and 260 feet northeasterly to Marine Drive to the centerline of Alderwood Avenue; Thence northerly and easterly along the centerline of Alderwood Avenue to the centerline of Hollywood Avenue; Thence northerly along the centerline of Hollywood Avenue to the centerline of McLeod Road; Thence easterly along the centerline of McLeod Road to the city limits of Bellingham; Thence northerly, easterly, and northerly along the city limits of Bellingham to the centerline of Bakerview Road; Thence easterly along the centerline of Bakerview Road to the intersection with Guide Meridian; Thence northerly along the centerline of Guide Meridian to the point of beginning. C. DISTRICT 3 — FOOTHILLS District 3 shall be defined as follows: Beginning at the intersection of the eastern 2016 city limits of Sumas with the Forty -Ninth parallel, Township 41 North, Range 4 East, Section 35; Thence easterly, southerly, westerly and northerly along the boundary of Whatcom County to the southern city limits of the city of Bellingham, approximately the center of Township 37 North, Range 2 East, Section 13; Thence easterly and northerly along the city limits of Bellingham to the intersection with the centerline of Samish Way; Thence northwesterly long the centerline of Samish Way to the intersection with the N/S center section line of Township 37 North, Range 3 East, Section 9; Thence northerly along said N/S center section line to the north section line of Township 37 North, Range 3 East, Section 9; Thence easterly along said section line to the southwest section corner of Township 37 North, Range 3 East, Section 3; Thence northerly along said section line to the southeast section corner of Township 38 North, Range 3 East, Section 33; Thence westerly along the southern section line of Township 38 North, Range 3 East, Section 33 2,780 feet; Thence northerly to the city limits of Bellingham; Thence easterly and northerly and westerly along the city limits of Bellingham to the centerline of Guide Meridian and the western section line of Township 38 North, Range 3 East, Section 6; Thence northerly along the centerline of Guide Meridian to the centerline of East Wiser Lake Road and the northwest corner of Township 39 North, Range 3 East, Section 6; Thence easterly along the northern section lines of Township 39 north, Range 3 East, Sections 6, 5, 4, 3, 2, and 1 to the intersection with the city limits of Everson; Thence southerly, easterly, and northerly along the city limits of the cities of Everson and Nooksack to the intersection with the northern section line of Township 40 North, Range 4 East, Section 29; Thence easterly along said N/S section line to the center section line of township 40 North, Range 4 East, Section 21; Thence northerly along said N/S center section lines of Township 40 North, Range 4 East, Sections 21 and 16 to the northern section line of Township 40 7 North, Range 4 East, Section 16 and the centerline of East Badger Road; Thence easterly along the centerline of East Badger Road to the southwest corner section of Township 40 North, Range 4 east, Section 10; Thence northerly along west section line of Township 40 North, Range 4 East, Sections 10 and 3 to the intersection with the southern 2016 city limits of Sumas; Thence easterly and northerly along the city limits of Sumas to the point of beginning. D. DISTRICT 4 — FARMLANDS District 4 shall be defined as follows: Beginning at the intersection of the eastern 2016 city limits of Sumas with the Forty -Ninth parallel, Township 41 North, Range 4 East, Section 35; Thence southerly, easterly, and westerly along the city limits of Sumas to the centerline of Garrison Road; Thence southerly along the centerline of Garrison Road to the centerline of SR546 E. Badger Rd.; Thence westerly along the centerline of E. Badger Rd. to the northeast corner of the northwest quarter of Township 40 North, Range 4 East, Section 16; Thence south along this quarter section line and the quarter section line of Township 40 North, Range 4 East, Section 21 to the centerline of Sorenson Rd; Thence west along Sorenson Rd. extended to the city limits of Nooksack; Thence southerly and westerly along the city limits of Nooksack to the city limits of Everson; Thence westerly, southerly, and northerly along the city limits of Everson to the southern section line of Township 40 North, Range 3 East, Section 36; Thence west along the southern section line of Township 40 North, Range 3 East, Sections 36, Section 35, Section, 34, Section 33, Section 32, and Section 31 to the centerline of SR 539 Guide Meridian; Thence southerly along the centerline of Guide Meridian to the centerline of W. Bakerview Rd.; Thence westerly along the centerline of W. Bakerview Road to the intersection with the city limits of Bellingham; Thence southerly and westerly along the city limits of Bellingham to intersection with McLeod Road; Thence westerly along the centerline of McLeod Road to Hollywood Avenue; Thence south along Hollywood Avenue to Alderwood Road; Thence westerly along the centerline of Alderwood Road to point 260 feet northeast of the centerline of Marine Drive; Thence northwesterly parallel to Marine Drive to the center section line of Township 38 North, Range 2 East, Section 15; Thence northerly along said center section line 1,525 feet; Thence westerly 2,000 feet; Thence north to the northern section line of Township 38 North, Range 2 East, Section 15; Thence west along said section line to the centerline of Wynn Road and the eastern section line of Township 38 North, Range 2 East, Section 9; Thence north along the eastern section line of Section 9 and Section 4 of Township 38 North, Range 2 East to the intersection with the city limits of Ferndale; Thence easterly, northerly, and westerly along the city limits of Ferndale to the centerline of Enterprise Road, also the N/S centerline of Township 38 North, Range 2 East, Section 8; Thence northerly along the centerline of Enterprise Rd. to the centerline of Harksell Road; Thence westerly along the centerline of Harksell Road to the centerline of Delta Line Road and the southwest corner of Township 40 North, Range 2 East, Section 31; Thence northerly along the western section lines of Section 31, Section 30, and Section 19, Township 40 North Range 2 East, to the southwest corner of Township 40 North, Range 21 East, Section 18 and the centerline of Loomis Trail Road; Thence westerly along the centerline of Loomis Trail Road to the centerline of White Road; Thence northwesterly along the centerline of White Road to the to the northwest corner of the southeast quarter of Township 40 North, Range 1 East, Section 16; Thence easterly along said quarter section line to the northeast of the southwest quarter of Township 40 North, Range 1 East, Section 15; Thence northerly along said quarter section to the northwest corner of the southwest quarter of the northeast quarter of Township 40 North, Range 1 East, Section 10; Thence easterly along said quarter quarter line to the west section line of Township 40 North, Range 1 East, Section 11; Thence northerly along said section line and Valley View Road to the 2016 city limits of Blaine; Thence easterly and northerly along the city limits of Blaine to the Forty -Ninth parallel; Thence east along the Forty -Ninth parallel to the point of beginning. E. DISTRICT 5 - COASTAL District 5 shall be defined as followed: Commencing at the intersection of the Forty -Ninth parallel with the eastern city limits of Blaine, Township 41 North, Range 1 East, Section 35; Thence southerly along the city limits of Blaine to the centerline of H Street Road; Thence westerly along the centerline of H Street Road to the centerline of Valley View Road; Thence southerly along the centerline of Valley View Road, extended to the southeast corner of the northeast quarter of the northeast quarter, Township 40 North, Range 1 East, Section 10; Thence west to the southwest corner of the northwest quarter of the northeast quarter, Township 40 North, Range 1 East, Section 10; Thence south to the southeast corner of the northwest quarter, Township 40 North, Range 1 East, Section 15; Thence westerly to the centerline of White Road; Thence southeasterly along the centerline of White Road to the centerline of Loomis Trail; Thence easterly along the centerline of Loomis Trail Road to the centerline of Delta Line Road; Thence southerly along the centerline of Delta Line Road, to the intersection with Harksell Road; Thence easterly along the centerline of Harksell Road to the intersection with Enterprise Road; Thence southerly along the centerline of Enterprise Road to the Ferndale city limits; Thence easterly and southerly along the Ferndale city limits to where it intersects with the eastern section line of Township 38 North, Range 2 East, Section 4; Thence southerly along said section line to the southeast section corner of Township 38 North, Range 2 East, Section 9; Thence easterly 660 feet along the northern section line of Township 38 North, Range 2 East, Section 15; Thence southerly to the intersection with the Burlington Northern Railroad Line; Thence southeasterly along the center line of said rail line to a point 1,600 feet west of the east line of the C.E. Roberts Donation Land Claim; Thence south to the ordinary high water mark of Bellingham Bay; Thence westerly and northerly along the coastline to the Forty Ninth parallel; Thence east along the Forty- Ninth parallel to the point of beginning. Includes Point Roberts; Lummi Island; Eliza Island; and Portage Island. 9 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016 - 21 CLEARANCES Initial Date D iv in u cil Office Agenda Date Assigned to: Originator: 6/21/2016 �U 1 �1 1 6/28/2016 Introduction Division Head: 7/12/2016 Finance/Council Dept. Head. ` HAT COUNCIL Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Ordinance amending WCC 2.22.040, Commission on Salaries for Elected Officals ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMAR YSTA 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.) Ordinance amending WCC 2.22.040, Whatcom County Commission on Salaries for Elected Officals (Membership - Term of Office) COMMITTEE ACTION. COUNCIL ACTION. 6/28/2016: Introduced 7-0 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. ffel PROPOSED BY: CLERK OF THE COUNCIL INTRODUCTION DATE: JUNE 28, 2016 ORDINANCE NO. AMENDING WHATCOM COUNTY CODE SECTION 2.22.040, WHATCOM COUNTY COMMISSION ON SALARIES FOR ELECTED OFFICIALS (MEMBERSHIP — TERM OF OFFICE) WHEREAS, the voters of Whatcom County approved a proposed amendment to the Whatcom County Charter at the November 2011 General Election to create an independent citizens' commission to set salaries for the county executive, assessor, auditor, prosecuting attorney, sheriff, treasurer, and county council members; and WHEREAS, this newly formed commission was established under Whatcom County Code Chapter 2.22 as the Whatcom County Commission on Salaries for Elected Officials (Salary Commission); and WHEREAS, Whatcom County Code Section 2.22.040 outlines membership criteria for Salary Commission members and currently requires that six members be chosen by lot and of those six, two shall be selected from each of three county council district; and WHEREAS, it is necessary to amend Whatcom County Code Section 2.22.040 in response to passage of a voter -approved amendment to the Whatcom County Charter that increased the number of council districts from three to five. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code Section 2.22.040 is hereby amended as outlined in "Exhibit A" to this ordinance. ADOPTED this day of , 2016. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council ZAPPRO ED AS TO FO M: F Civil Deputy Prosecutor Barry Buchanan, Council Chair ( ) Approved ( ) Denied Jack Louws, County Executive Date: 11 EXHIBIT A (ORDINANCE AMENDING WCC 2.22.040, COMMISSION ON SALARIES - MEMBERSHIP) 2.22.040 Membership — Term of office. (1) The commission shall consist of ten members. Six members shall be selected by lot and appointed and confirmed as provided in subsection (2) of this section. The remaining four members shall be appointed and confirmed as provided in subsection (3) of this section. The members of the commission may not include any officer, official, or employee of the county or any of their immediate family members. For the purposes of this section, "immediate family member" means parent, spouse, domestic partner, sibling, child, or dependent relative of an officer, official, or employee of the county, whether or not living in the same household. (2) Six of the ten commission members shall be selected by lot by the county auditor from among those registered voters eligible to vote at the time persons are selected for appointment to full terms on the commission. Gf these six eemmissien FnembeFs, twe 1.12. The county auditor shall establish policies and procedures for conducting the selection by lot. The policies and procedures shall include, but not be limited to, those for notifying persons selected and for providing a new selection if a person declines appointment or if, following the person's appointment, the person's position on the commission becomes vacant before the end of the person's term of office. The county auditor shall forward the names of persons selected under this subsection to the county executive who shall appoint those persons to the commission. Appointments made by the county executive shall be confirmed by the county council. (3) Four of the ten commission members shall be selected and appointed by the county executive and confirmed by the county council. The members under this subsection shall be residents of the county and shall all have experience in personnel management. Of these four members, one member shall be selected from each of the following fields of expertise: business, professional personnel management, legal profession, and organized labor. The county council may confirm or reject appointments made under this subsection. If the council rejects an appointment the county executive shall promptly appoint another person meeting the requirements of this subsection. (4) The members of the commission shall serve two-year terms, with their terms ending on December 31, 2014. Thereafter, all members shall serve for two years. No person may be appointed to more than two terms. Members of the commission may be removed by the county executive, with the approval of the county council, only for cause of incapacity, incompetence, neglect of duty, malfeasance in office, or for a disqualifying change of eligibility. Upon a vacancy in any position on the commission, a successor shall be appointed and confirmed to fill the unexpired term. The appointment and confirmation shall be concluded within thirty days of the date the position becomes vacant and shall be conducted in the same manner as the original appointment. 12 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016 - 217 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 6/21 /2016 ff V E DD) ' �� q q 2 ! i JUN WHATcOM COUNTY COUNCIL 6/28/2016 Introduction Division Head: 7/12/2016 Council Dept. Head: �, `— gal Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUMENT. Ordinance amending WCC 2.118.060, Wildlife Advisory Committee, Term of Office ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) 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.) Ordinance amending WCC 2.118.060, Wildlife Advisory Committee, Term of Office COMMITTEEACTION. COUNCIL ACTION. 6/28/2016: Introduced 7-0 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.whatcomwa.uslcouncil. 13 WHATCOM COUNTY Wildlife Advisory Committee (WAC) Members Vikki Jackson, chair Barry Wenger, vice -chair Chris Kazimer John McLaughlin Fenner Yarborough Joel Ingram Wendy Harris Paul Woodcock Guy Ochiogrosso Frank Bob Memorandum TO: Honorable Councilmembers FROM: Vikki Jackson, Wildlife Advisory Committee Chair DATE: June 17, 2016 SUBJECT: Continuation of the Wildlife Advisory Committee Dear Honorable Councilmembers N The Whatcom County Wildlife Advisory Committee (WAC) was created by Ordinance 2015- 031 on July 7, 2015. The function of this committee is to "provide recommendations on integrating wildlife management and protection issues relative to fulfilling goal nine (9) of the Washington State Growth Management Act (GMA): 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. The full committee shall provide a recommendation on the need for an ongoing wildlife advisory committee." WAC members, in cooperation with long range planning staff, have spent a significant amount of time discussing the Chapter 11 of the Comprehensive Plan and Article 7 of the Critical Areas Ordinance. Comments on Chapter 11 have been submitted to Council and comments on Article 7 are forthcoming. Due to the significant amount of time discussing and making recommendations on these documents, the WAC technical committee will be unable to complete the Existing Ecosystem Report, as requested in Ord 2015-031, by the time the committee is scheduled to sunset. Members of the WAC would like to respectfully request a one year extension of the committee term of office to complete the Existing Ecosystem Report and present its findings and recommendations to Council and Whatcom County Planning and Development Services staff. Our proposed timeline for continuation of these work products is outlined below. July through December, 2016 N Continue development of the Existing Ecosystem Report January 2017 N Complete draft Existing Ecosystem Report and present to County staff and to Council for initial review and comment period. 14 January through July 2017 N Review and refine Existing Ecosystem Report based on feedback July 2017 N Submit final Existing Ecosystem Report, make recommendations regarding wildlife planning and management considerations in Whatcom County, and make a recommendation regarding continuation or termination of the Wildlife Advisory Committee. Thank you for your time and consideration. Please allow the Wildlife Advisory Committee additional time to complete the valuable Existing Ecosystem Report. This report will support planning efforts in Whatcom County and will improve our ability to plan for a stable and healthy ecosystem. Sincerely, 614aqd'-" Vikki Jackson Chair, Wildlife Advisory Committee 15 PROPOSED BY: WILDLIFE ADVISORY COMMITTEE INTRODUCTION DATE: JUNE 28, 2016 ORDINANCE NO. AMENDING WHATCOM COUNTY CODE SECTION 2.118.060, WILDLIFE ADVISORY COMMITTEE, TERM OF OFFICE WHEREAS, On July 7, 2015, the Whatcom County Council adopted Ordinance 2015- 031, establishing the Wildlife Advisory Committee; and WHEREAS, the Wildlife Advisory Committee has spent much of the last year reviewing and discussing Chapter 11 of the Comprehensive Plan (Environment) and Article 7 of the Critical Areas Ordinance (Habitat Conservation Areas); and WHEREAS, due to the amount of time spent reviewing the Comprehensive Plan and Critical Areas Ordinance, the Committee has been unable to complete its work on updating the Existing Condition Report, as requested in Ordinance 2015-031; and WHEREAS, the Wildlife Advisory Committee has submitted a request for a one-year extension to its term of office in order to complete work on the Existing Condition Report and present findings and recommendations to the County Council and Whatcom County Planning and Development Services staff. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code Section 2.118.060, Wildlife Advisory Committee, Term of Office, is hereby amended as follows: 2.118.060 Term of Office. The committee shall serve until July 31, 20-16 2017. ADOPTED this day of 2016 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPRO ED AS TO FORM: ��_22 lull Deputy Prosecutor Barry Buchanan, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ( ) Approved Date Signed: ( ) Denied 16 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-215 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: G. oO (p ( r C E V E lr�l� �; � �„ j 6128116 Intro Division Head: 7112116 Finance Committee; JUN 2 1 2016 Council Dept. Head: �"M COUNTY OM COUNCIL Prosecutor: p �Q Purchasing/Budget: �yy Executive: ,, EA TITLE OF DOCU 6 Supplemental Budget Request #H 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: 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.) Supplemental #11 requests funding from the Election Reserve Fund: 1. To appropriate $10,000 to fund statewide primary local voter pamphlet. COMMITTEE ACTION: COUNCIL ACTION.• 6/28/2016: Introduced 7-0 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 17 PROPOSED BY: Executive INTRODUCTION DATE: 6/28/16 ORDINANCE NO. AMENDMENT NO. 11 OF THE 2016 BUDGET WHEREAS, the 2015-2016 budget was adopted November 25, 2014; and, WHEREAS, changing circumstances require modifications to the approved 2015-2016 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 2015-2016 Whatcom County Budget Ordinance #2014-065 is hereby amended by adding the following additional amounts to the 2016 budget included therein: Fund Expenditures Revenues Net Effect Election Reserve Fund 10,000 - 10,000 Total Supplemental 10,000 - 10,000 ADOPTED this day of , 2016. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk • OE OVEDAS7• 'M: 1(5vil Deputy Prosecutor Barry Buchanan, Chair of the Council ( ) Approved ( ) Denied Jack Louws, County Executive Date: I:\BUDGET\SUPPLS\2016_Suppl\Supplementa1 #11-2016.docx 18 WHATCOM COUNTY Summary of the 2016 Supplemental Budget Ordinance No. 11 Department/Fund Description Increased (Decreased) Expenditure (Increased) Decreased Revenue Net Effect to Fund Balance (Increase) Decrease Election Reserve Fund To fund statewide primary local voter pamphlet. 10,000 10,000 Total Supplemental 10,000 10,000 19 Whatcom County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 �9`SNING�0 Phone: (360) 778-5100 Fax: (360) 778-5101 Email: auditor@co.whatcom.wa.us Internet: www.whatcomcounty.uslauditor ZINNUOININUNW, Debbie Adelstein County Auditor Diana Bradrick Chief Deputy Auditor To: Jack Louws, County Executive Members of County Council From: Debbie Adelstein, Whatcom County Auditor Date: June 21, 2016 Re: Supplemental Budget Request Publication of Local Voters' Pamphlet for Primary Election I am requesting supplemental budget authority for an additional $10,000 to cover the cost of an "expanded" version of the Primary Local Voters' Pamphlet. At your last meeting, you determined that you would like me to proceed with printing such an expanded version to include state and federal items that will be on the primary ballot. Since the state chooses only to publish an on-line version of a pamphlet, you asked after that experience that in the future you wanted my office to publish a more comprehensive pamphlet that would include all of the state and federal races as well as the local races which we always cover. This requested amount is the additional cost for printing and layout of the pamphlet since a certain amount was included in the annual budget already. Thank you for your attention to this matter. 20 Supplemental Budget Request Status: Pending Auditor supp l ID # 2169 1 Fund 109 Cost Center 10916 Originator: Debbie Adelstein Expenditure Type: One -Time Year 2 2016 Add'I FTE ❑ Add'I Space ❑ Priority Name of Request: Statewide Primary Local Voter Pamphlet X F Department Head Signature (Required on Hard Copy Submission) Date Costs: F Object Object Description Amount RequestedJ� 6330 Printing $10,000 Request Total $10,000 la. Description of request. Printing of a local voter pamphlet for 2016 primary election, including all state and federal races (not presidential). 1b. Primary customers: All voters in Whatcom County. After the last statewide primary and the failure of the state to provide a hardcopy pamphlet, the Council requested a complete pamphlet be prepared by the Auditor's Office in future elections. 2. Problem to be solved. Lack of statewide hardcopy pamphlet leaves too many voters without a source of iniformation and the Council prefers to supplement this in our regular county pamphlet. This request is for the additional funding needed to do the "expanded" verison. 3a. Options / Advantages: This is what the Council requested from the past experience. 3b. Cost savings: There are no cost savings; it is an increase in expenditures to offer the statewide/federal races. The additional funding required is to supplement what was already in the budget for the primary pamphlet. The increase is only an additional $10,000. 4a. Outcomes: Expanded voters' pamphlet being distributed to all households in Whatcom County. The number required will be deposited in the mail. 4b. Measures: The pamphlets are mailed. 5a. Other Departments/Agencies: None other. 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Election Reserve Fund Balance Tuesday, June 21, 2016 Rpt: Rpt Suppl Regular 21 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-191 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: twh 05.23.16 05.31.16 Introduction Originator: 06.14.16 Finance/Council Division Head: �jJ if�li E � V D Dept. Head: 6/28/2016 Finance/Council Prosecutor: � Qa/� 7/12/2016 Finance/Council HAT COM COUNTY Purchasing/Budget. COUNCIL Executive: �2-q ((a TITLE OF DOCUMENV Ordinance Amending WCC 3.08. Purchasing System ATTACHMENTS. Memo, Ordinance, Code Revision SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) 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.) Ordinance to amend WCC 3.08 Purchasing System COMMITTEE ACTION.• COUNCIL ACTION.• 6/14/2016: Held in Committee 5/31/2016 Introduced 6/28/2016: Discussed and Held in Committee 6/14/2016: Held in Committee 6/28/2016: Held in Committee 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. 22 WFIATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 MEMORANDUM To: Whatcom County Councilmembers From: Whatcom County Executive Jack Louw Subject: Whatcom County Code 3.08.100 Date: May 23, 2016 Jack L®uwrs County Executive Over the course of my term(s) as Whatcom County Executive, we have worked hard to create efficiencies throughout the organization. As discussed last year, we have increased the transparency through contracts on line and through enhanced project budget reports. With the launch of a new website, on-line access to this information has provided more timely and detailed budget information. We are also developing and introducing program based budgeting as an enhanced tool for use in the 2017- 2018 budget process. This will allow all costs associated with a specific program to be more easily identified. This will be discussed in more detail at our June 14 budget retreat. To further enhance our efficiencies I am again proposing a change to the Whatcom County Code (WCC) as it relates to purchasing authority. When comparing Whatcom County's Code with several other charter counties (see attached table) and local municipalities, it remains clear to me that presently the Whatcom County legislative branch is focused on contract management, where most other legislative bodies focus more extensively on specific appropriations. While I remain convinced that per our Charter the Executive Branch has the authority to enter into all contracts for which appropriations by Council have been made, I bring before you a compromise of code revisions that increase the dollar threshold for contracts, bids, and professional services. These code revisions meet our institutional needs for efficiency, while allowing Council oversite of contracts that meet the threshold for review in the revised ordinance. Please find a draft Amended Purchasing Ordinance which reflects the requested changes. J L/twh Encl: (1) Ordinance amending WCC 3.08 (2) Exhibit A to Ordinance WCC 3.08.100 proposed language change (3) County Comparable Table Office (360) 778-5200 FAX (360) 778-5201 TRS: 711 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 PROPOSED BY: County Executive INTRODUCTION DATE: 05/31/16 AN ORDINANCE AMENDING WHATCOM COUNTY CODE 3.08, PURCHASING SYSTEM WHEREAS, The County wishes to achieve greater administrative efficiencies through clarifying purchasing processes and increasing dollar value of contracts that may be approved administratively; and WHEREAS, Whatcom County is unique in its limited purchasing thresholds allowed under Executive Authority when compared to other Washington State Charter Counties and local municipalities; and WHEREAS, Whatcom County has improved transparency and access to contracts and project budget reports by making them available on-line with the launch of a new public website; WHEREAS, It is essential and in the best interest of Whatcom County Government and its citizens to keep work flow moving particularly during the short and busy construction season, NOW, THEREFORE, BE IT ORDAINED BY THE WHATCOM COUNTY COUNCIL, Whatcom County Code 3.08 is amended to read in its entirely, as set forth in the attached Exhibit A: ADOPTED this day of , 2016. WHATCOM COUNTY COUNCIL ATTEST: Dana Brown -Davis, Clerk of the Council WHATCOM COUNTY EXECUTIVE APPROVED AS TO FORM: Civil Deputy Prosecutor Date Signed: Page 1 WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ( ) Approved ( ) Denied 24 EXHIBIT A Chapter 3.08 PURCHASING SYSTEM Sections: 3.08.010 Purpose. 3.08.020 Administration. 3.08.030 Authority and functions. 3.08.040 Price quotations. 3.08.050 Vendor lists. 3.08.060 Bids and proposals required. 3.08.070 Contractor's bond required for public works. 3.08.080 Labor and material claims. 3.08.090 Bid specifications, deposits and awards. 3.08.095 Small works roster contract award process. 3.08.100 Council approval required. 3.08.110 Unregistered or unlicensed contractors prohibited. 3.08.120 Joint purchasing. 3.08.130 Amendments to chapter. 3.08.140 Severability. 3.08.010 Purpose. It shall be the purpose of this chapter to establish a purchasing system to work with all county departments, agencies, boards and commissions, and other operations of the county to ensure efficiency in procurement of supplies and equipment of the necessary quality at the lowest possible cost; to ensure compliance with purchasing statutes, regulations, policies and procedures; to ensure efficient utilization of county property, new and used; and to minimize employee time devoted to purchasing functions. (Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.020 Administration. The director of the administrative services department shall have full authority and responsibility for the operation of the purchasing system under the direction of the county executive. (Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.030 Authority and functions. A. The authority to recommend and implement administrative policies and procedures that provide a comprehensive basis for purchasing functions shall fall under the purview of the purchasing system. B. The following responsibilities shall be coordinated through the purchasing system: 1. Continue to improve services to departments and agencies in the area of purchasing. 2. Develop automated requisition and reporting systems. 3. Improve purchasing productivity and control for all departments. 4. Standardize high volume purchases. 5. Develop efficient policies and procedures for acquiring goods and services. 6. Implement inventory controls and minimize costs of goods and services. 7. Prepare and make available to all departments standardized forms for requisitions, vouchers, 25 inventories and any other form required for county operations. 8. Assign purchase order numbers for the acquisition of supplies, materials, equipment, tools, services, rental of personal property, professional services and contracted public works exceeding $2,500. 9. Maintain vendor list pursuant to RCW 39.04.190. 10. Whenever practically possible, contact at least three vendors to assure competitive pricing. 11. Review and approve bid specifications and prepare invitations to bid pursuant to provisions set forth in this chapter. 12. Check bids for accuracy and compliance with specifications and invitation to bid. 13. Make bid recommendations on all awards to the county executive. 14. Perform such other duties as may be required to further the purposes of this chapter. (Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.040 Price quotations. Whenever practically possible, price quotations from at least three vendors shall be solicited for the acquisition of materials, supplies, services, tools, equipment or rental of personal property involving amounts greater than $5,000 but not exceeding $25,000 in a single transaction. Three price quotations will also be obtained for all contracted work constituting a public work not exceeding $40,000. Quotations for architects and engineers are subject to the requirements of Chapter 39.80 RCW. Records of all quotations obtained shall be maintained and shall be open to public inspection. Bids submitted periodically for the roster of rental equipment with operators may be used as the source of quotations for public works projects not exceeding $40,000. (Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.050 Vendor lists.l Whatcom County will maintain a vendor list pursuant to RCW 39.04.190. (Ord. 2013-029 Exh. A). 3.08.060 Bids and proposals required. Awards of contracts for the acquisition of materials, supplies, services, tools, equipment or rental of personal property and professional services for a nonpublic work involving amounts exceeding $25,000, or for a public work exceeding $40,000, will be based upon bids or proposals received in response to specifications and invitations to bid, except as follows: A. Sole source purchases shall not be required to go through competitive bidding. A purchase may be determined to be sole source by the county executive or designee when the bidding process would be futile because only one bidder could respond to the invitation. B. In the event of an emergency when the public interest or property of the county would suffer material injury or damage by delay, upon an order of the county executive declaring the existence of such emergency and reciting the facts constituting same, the requirements governing competitive bids with reference to any purchase or contract may be waived pursuant to RCW 36.32.270. C. Public works projects involving funds not exceeding the amount allowed in RCW 39.04.155, Small works roster contract procedures — Limited public works process, or any successor statute, may be completed utilizing the small works roster contract award process. D. Acquisition is from another public entity. E. Contract does not require use of county funds. Proposals from architects and engineers are subject to the requirements of Chapter 39.80 RCW. (Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 26 3.08.070 Contractor's bond required for public works. Whatcom County shall comply with the requirements of RCW 39.08.010. (Ord. 2013-029 Exh. A; Ord. 2007- 004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.080 Labor and material claims. Labor and material claims shall be filed pursuant to RCW 39.08.030. (Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.090 Bid specifications, deposits and awards. A. In developing specifications for bids or proposals, all reasonable efforts shall be made to ensure that a variety of vendors shall be capable of fulfilling the stated requirements of the county. Performance considerations shall be included in the specifications. However, nothing in this section shall be construed to limit the county from pursuing sole source procurement where adequate justification has been presented that such procurement is in the best interests of county operations. B. When the acquisition of materials, supplies, purchased services, tools, equipment, rental of personal property or professional services involves amounts greater than $25,000 in a single transaction for a nonpublic work award or exceeding $40,000 for a public work award, the administrative services department shall be responsible for the review and approval of specifications and the preparation of invitations to bid pursuant to provisions set forth in this chapter. C. All bid specifications shall be in writing and placed on file for public inspection. D. An advertisement that written specifications are on file and available for public inspection shall be published in the official county newspaper. Advertisements shall be published at least once in each week for two consecutive weeks prior to the last date upon which bids will be received and may be published for as many additional publications as shall be considered in the county's interest. Such advertisement shall state: 1. The date after which bids will not be received; 2. The character of the work to be done, or the materials, equipment or service to be purchased; and 3. Where the specifications may be seen. E. No bid shall be considered for public works unless it is accompanied by a bid deposit in the form of a surety bond, postal money order, cash, cashier's check, or certified check in an amount equal to five percent of the amount of the bid proposed. F. Should the bidder to whom the contract is awarded fail to enter into the contract or fail to furnish the contractor's bond within 10 days (exclusive of the date of notice) after notice of the award, the amount of the bid deposit shall be forfeited to the county. Thereafter, the award shall be made to the next lowest responsive bidder. The bid deposit of an unsuccessful bidder (if his bid deposit has not been forfeited) shall be returned after the required contractor's bond of the successful bidder has been accepted. G. Bids received shall be opened and read in public on the date named in the advertisement for bids, or on a subsequent date established in a bid addendum. H. After opening, all bids shall be reviewed and referred to the requisitioning department for recommendation of award. Bids will be forwarded by the director of the administrative services department or designee with a recommendation to the county executive for award. I. After opening and award, all bids shall be filed for public inspection, and available by telephone inquiry. 27 J. Any or all bids may be rejected for good cause. If all bids are not rejected, the award shall be to the lowest responsive bidder. In determining which is the lowest responsive bidder, the county may take into consideration the bidder's responsiveness to the county's requirements, the quality of the articles to be purchased or leased, availability of parts and service, delivery time, the tax revenue the county would receive from purchasing from a supplier located within its boundaries and prior dealings with the bidder. K. The county may issue requests for proposals for services, or for technologically complex equipment including but not limited to computers, software, or telephone systems. If all proposals are not rejected, the award shall be to the highest rated proposal, taking into account the selection criteria published in the request for proposals. L. The county may award to multiple bidders for the same commodity or service when the bid specifications provide for special circumstances in the determination of which vendor is truly the lowest price to the county. Special circumstances may include differences in ability to deliver, delivery time, availability of material, special loading or unloading conditions, total cost including transport or labor if not included with bid item, performance of the delivered material, location of the source, and proximity to the delivery point. M. Contracts that require county council approval per 3.08.100 , these-,ll„ funded pass through „-,,,„o„s, may be administratively amended to a cumulative amount not to exceed $250,000 or 15% of contract amount, whichever is greaterfoF larger amounts require council approval. (Ord. 2015-011 Exh. A; Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.095 Small works roster contract award process. This section may be utilized in the acquisition of contractual services necessary to complete public works projects as allowed under RCW 36.32.250, and consistent with RCW 39.04.155, in order to use a small works roster contract award process in lieu of formal sealed bidding, the county shall: A. Publish at least twice each year in the official county newspaper a notice of the existence of the roster and solicit the names of contractors that are qualified for the requested categories of work. Notice shall be published at least once in each week for two consecutive weeks prior to the last date upon which response to the notice will be received, and may be published for as many additional publications as shall be considered in the county's interest. B. In every case a certain category of work is to be accomplished under this section, all contractors responding to the above notice and indicating their qualification to perform the category of work proposed shall be contacted and provided an invitation to bid. C. Include in the invitation to bid the date on which bids will be received, the scope and nature of work to be performed, the materials and equipment to be furnished, and, if not provided otherwise in the invitation to bid, where the detailed plans and specifications may be seen and obtained. D. Otherwise apply the provisions of WCC 3.08.090(B), (E), (F), (G), (H), (1), (J), and (M). E. Forgo the advertisement of a contract awarded through use of the small works roster. (Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A). 3.08.100 Council approval required. Contracts f profoss;ona s „„�;__ 61n-nnn-and bids exceeding $250,000,ata professional service contracts exceeding $50,000 and all real property leases must be submitted to the county council for approval, except when pursuant to: A. Exercising an option contained in a contract or lease previously approved by the council. B. Contract for the design construction right-of-way acquisition, professional services, or other capital costs approved by the county council in a capital budget appropriation ordinance; B;C,.,Contract or bid award for equipment or supplies approved in a budget ordinance. 8I). Contract is for technical support and software maintenance from the developer of proprietary software which is currently being used by Whatcom County. OE. Contract is for manufacturer's technical support and hardware maintenance of electronic systems. OF. Pursuant to and within the scope of a declaration of emergency made by the county executive under WCC 3.08.060(B). The county executive, pursuant to a declaration of emergency, shall submit the contract to the county council for informational purposes at the council's next regular or special meeting. (Ord. 2015-011 Exh. A; Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 2000-025; Ord. 97-034 Exh. A; Ord. 96-034; Ord. 93-042 Exh. H). 3.08.110 Unregistered or unlicensed contractors prohibited. No contract shall be entered into or executed with any contractor who is not registered or licensed as required by the laws of this state (except only as permitted under RCW 39.06.010 for highway projects for contractors who have been prequalified as required under RCW 47.28.070). (Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.120 Joint purchasing. The county may enter into agreements with the state or with any agency, political subdivision, or unit of local government to purchase goods or services cooperatively. Joint purchasing services are hereby authorized and encouraged with any other municipal corporation in Whatcom County. Assistance to the participating municipal corporation may be given in any way except that a sale or contract shall be between the vendor and the participating municipal corporation and not Whatcom County. Bids and quotes may be obtained jointly based on volume if it is in the county's best interest to do so. (Ord. 2013- 029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.130 Amendments to chapter. The county council reserves the exclusive right to alter, amend, rescind, abrogate, delete, supersede or replace the provisions of this chapter, or any part thereof, in any manner not inconsistent with state law. Whether or not the county council takes action, the provisions of this chapter shall be deemed automatically altered, amended, or superseded to conform to any mandatory state administrative ruling or statute, as of the effective date of any such enactment appertaining to the matters covered in this chapter, to the effect that the provisions of this chapter shall at all times conform to, and never conflict with, said state laws and regulations. (Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.140 Severability. If any provision of this chapter is held to be invalid, the remainder of the chapter shall remain in effect. (Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 1 Prior legislative history: Ord. 97-034 repealed WCC 3.08.050. Ord. 93-042 was formerly codified in the section. 29 A 41 44 41 41 O U w 4-, s�.0 o 3 " ao `� ao ao w^y (d Qi Qi 0o w wad w av U w w� w� � p o .0 p O cd �o t o ao ��cd Q �D p �o v � � � � �� 'U �o 404 oVi Wok u�Cd CN u� k Qa W u W W � W .� .� b o �o �O O y V U� U cd >� Cd N N a � cd y N o °4 u X� U4 �N Ate-, u W U U W i' 'W p 4 U � p V1 rJ cd cd Cd �U o o �� �0'�"F4 9-4 W U U � U 41 C Cdd > U � V 41 �W 4J ,O w �� r° -� , �° � S-, o +j $-1 r, o t� Oit +3 A U� U o� U� C� �U z 0 U< 0< U,4 a� U O .O Cd 4-J o U U Cb by U O , O 0 tp p U Cd 0°� 4xo0 a cNUl x a WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-222 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: g, �� j 7/12/16 Finance K.Olason l C7� (� L IE a Division Head: K. Christensen �� �� 7/12/16 F.C.Z.D. R. Ney L Dept. Head: J. Hutchins 2�®fA � tJ COUNTY COUNCIL Prosecutor. D. Gibson �� / 06a� ! ��' Purchasing/Budget: bb 6/29/16 B. Bennett Executive: J. Louws / • ^�' TITLE OF DO E Approval for Construction Contract Award for the Birch Point Collaborative Drainage System Repair to Bianchi Construction. ATTACHMENTS 1. Memo 2. Approval for Contract Award 3. Project Cost Breakdown 4. Bid Tabulation 5. Low Bid Proposal 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 respectfully requests that the Whatcom County Flood Control Zone District Board of Supervisors authorize the County Executive to sign the Approval of Contract Award to Bianchi Construction as low bidder in the amount of $243,861.78 for the Birch Point Collaborative Drainage System Repair Project. Bid Number 16-25. 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/couucil. 31 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JON HUTCHINGS DIRECTOR TO: The Honorable Jack Louws, County Executive, and Honorable Members of the F.C.Z.D. Board of Supervisors THROUGH: Jon Hutchings, Public Works Director FROM: Rob Ney, Special Programs Manager Kirk N. Christensen, P.E., Stormwater tSpervisor RE: Birch Point Collaborative Drainage System Repair Bid Number 16-25 Construction Contract for Award DATE: June 28, 2016 STORMWATER 322 N. Commercial Street, Suite 301 Bellingham, WA 98225 Phone # (360) 778-6210 Fax # (360) 778-6211 www.co.whatcom .wa. us Please find attached for your review and signature the Approval for Contract Award and bid tabulation for the Birch Point Collaborative Drainage System Repair in the Birch Bay watershed. ■ Requested Action Public Works respectfully requests the Whatcom County Flood Control Zone District Board of Supervisors authorize the County Executive to enter into a contract with the low bidder, Bianchi Construction, for the construction of the Birch Point Collaborative Drainage System Repair. Public Works will submit the construction contract to the County Executive for execution after the signed Approval for Contract Award is received. ■ Background and Purpose This project will replace a stormwater system that carries flows from central Birch Point, under Semiahmoo Drive, and across Washington State Department of Natural Resources (DNR) property to Semiahmoo Bay. This area is subject to high flows during winter storms. The existing outfall pipe is undersized and becomes overwhelmed during storm events, causing flooding and erosion on the beach bluff and threatening homes on land leased from DNR. Bid proposals for this project were opened at 2:30 p.m., Tuesday, June 21, 2016. We received four bids, with Bianchi Construction being the lowest responsible bidder in the amount of $243,861.78. ■ Funding Amount and Source Expenditure for this project in the amount of $243,861.78 is authorized under the Birch Bay Watershed and Aquatic Resources District (BBWARM) 2016 Budget for Birch Bay projects (cost center 169250, work order 18884 Please contact Kraig Olason at extension 6301 if you have any questions. Attachments In accordance with W.C.C.3.08.230, I concur with this recommendation: r, Purchasin r Date t 32 WHATCOM COUNTY STORMWATER PUBLIC WORKS DEPARTMENT OM CeG 322 N. Commercial Street, Suite 301 tiA Bellingham, WA 98225 JON HUTCHINGS Phone # (360) 778-6210 DIRECTOR Fax # (360) 778-6211 y` o� www.comhatcomma.us 9SNI NG� Birch Point Collaborative Drainage System Repair Project APPROVAL FOR CONTRACT AWARD Approval is hereby granted to award the Contract as follows: To: Bianchi Construction in the amount of its bid proposal of $243,861.78 including all taxes. Jack Louws Date Whatcom County Executive Approving Authority Daniel L. Gibson Chief Civil Deputy Prosecutor ate 09] WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JON HUTCHINGS DIRECTOR Project Cost Break Down STORMWATER 322 N. Commercial Street, Suite 301 Bellingham, WA 98225 Phone # (360) 778-6210 Fax # (360) 778-6211 www.co.whatcom.wa.us Birch Point Collaborative Drainage System Repair Project Whatcom County Design Engineering $ 74,000 Right -of -Way $ 3,000 Construction Contract $ 243,862 Construction Engineering $ 39,930 Archaeology $ 14,480 Permitting, and Surveying $ 19,430 Testing and Contingency $ 29,500 Total $ 414,976 34 "i 'd 0 N 'd Cq c! — cli 0 w CL C6 'd .6 N. 0 0 0 0 O'l-M 2 w 6 I's oi 16 Zq :I OV q al ,i Lo 14 a. r �!- N 1 0 E 0 q o . 2 . . 8 NG C6 6 6 c 0 z =) N L'i I w I lz� C� C'� o o 1 0 0 -*O'ss L) uj Ci 061-6 tp /* 4 a Z, D 0 a a a 6- . 2 - 6 - 6. - 8. 8. So �E 2 C) 0 ct Lq l\! 0 w C� w CN- Iq lz� q Q 1� — ?�. m C'i m1 ui - - - - - - i u z ww Ci In C4, C Z z z =) 0. I — �-6116 16 z < < < < < C9 cn 3 -13 J lL J J Q (1) L) ul D J Lu Lu w Z — — — — D Z E � � � im.� � � I CL JS E U<) Ld z z z < uj CL 0 z co Z 0 z 0 5 z w - G � m 0 . �p Z IL D Z < co U) Z ui t z 0 F- 0 0 U) LD 1 uj CL > z z w z 0 < z z z 0 u fn uj < -i 0 1 z < I 0 E T lzu w m 0 < (D z ui C3 < Cl z Z L4 :D >- 14 0 0 w 0 Z 0 z X F LU 0 < a = w 1: UJ gl:D < 0 cr CD IIJ Z) C) K _ 0 m UJ 7 LU CL z 0 w z 2 0 CD w X 0 x I 0 (L 0 a� CL W M z 'a.-E 7 Z uj > LIJ ir 2 Z >. < (D 9 CC LL 00 m - w 0� o , 0 R g I z 0 § z 0 ul L'i Lu (D z z w or < D- Z OZ 0 Q w F- a- ZE m �al — 2All z 0 w x , < U) 5 ;� w W 0 Cif o X :5 0 OZ w OW w C) Z' w W mom - M-1a - M 'M -- 0 Fa a),cD I cn,ai,caicn LM BID PROPOSAL Date June 1, 2016 TO: Whatcom County Executive and Council Whatcom County Courthouse 311 Grand Avenue Bellingham, Washington 95225 Gentlepersons: This certifies that the Undersigned: has examined the location of the project site and the conditions of work; and has carefully read and thoroughly understands the Project Manual entitled: "Birch Point Collaborative Drainage System Repair, Whatcom County, Washington," including the "Bid Procedures and Conditions," "Specifications and Conditions," "Contract Forms," and "Plans" governing the work embraced in this project, and the method by which payment will be made for said work. The Undersigned hereby proposes to undertake and complete the work embraced in this project in accordance with said contract documents, and agrees to accept as payment for said work, the schedule of lump sum and unit prices as set forth in the "Bid" below. The Undersigned acknowledges that payment will be based on the actual work performed and material used as measured or provided for in accordance with the said contract documents, and that no additional compensation will be allowed for any taxes not included in each lump sum or unit price, and that the basis for payment will be the actual work performed and treasured or provided for in accordance with the said Project Manual. BIRCH POINT COLLABORATIVE DRAINAGE SYSTEM REPAIR BID PROPOSAL FORMS Page 9 00 STORMWATER IMPROVEMENTS PROJECT ( ) SECTION REFERENCE ITEOM UNIT QUANTITY DESCRIPTION TOTAL PRICE Pgs Schedule A - Public Property Items Al 1 SPILL PREVENTION, CONTROL, AND COUNTERMEASUERS PLAN Lump Sum (1-07.15(l)) A2 1 STAND-BY TIME DUE TO ARCHEOLOGICAL FINDINGS Force (1-07.16(4)) Account A3 1 MOBILIZATION Lump Sum (1-09.7) A4 1 TEMPORARY TRAFFIC CONTROL Lump Sum (1-10.5(l)) A5 1 CLEARING AND GRUBBING Lump Sum (2-01.3) BIRCH POINT COLLABORATIVE DRAINAGE SYSTEM REPAIR Bill PROPOSAL FORMS rd $ � S ®-. 5 f $ DSO , ✓ per LS C'3 nnn AA (b J nnn nn J per FA $ $ per LS 100 ,oq J per LS per LS Page 10 37 A6 1 REMOVAL OF STRUCTURES AND OBSTRUCTIO NS Lump Sum (2-02) A7 140 GRAVEL BOR ROW INCLUDING HAUL Cubic Yards (2-03.3(14)J) A8 4 WATERING 1000 Galions (2-07) A9 600 SHORING OR EXTRA EXCAVATION CLASS B Square Foot (2-09.3(3)D) A10 203 STRUCTURE EXCAVATION CLASS B INCL. HAUL Cubic Yards (2-09.3(4)) A11 45 CONSTRUCTION GEOTEXTILE FOR UNDERGROUND DRAINAGE Square Yards (2-12.3(1)) Al2 28 CRUSHED SURFACING TOP COURSE Tons (4-04.2) BIRCH POINT COLLABORATIVE DRAINAGE SYSTEM REPAIR BID PROPOSAL FORMS per LS J per CY $ 1 $ 40� per M GAL I 0,r $ k `0�/ $ �pDo V —per SF —per CY -- _-, per SY�.,�.._._—__�.�.._ �i ,} Per TON -- Page it A13 13.5 HMA CL. 1/2 IN. PG 64-22 Tons (5-04.2) A14 40 CORRUGATED POLYETHYLENE CULV. PIPE 24 IN. DIAI'A Lineal Feet (7-01.2) A15 65 CORRUGATED POLYETHYLENE CULV. PIPE 36 IN. DIAM. Lineal Feet (7-01,2) A16 2 CULVERT TRASH RACK 24 IN. DIAM. Each (7-02.3(7)) A17 2 CATCH BASIN TYPE 2 54 IN. DIAM, Each (7-05.2) A18 1 DEBRIS CAGE. 541N. DIAM. Each (7-053(6)) BIRCH POINT COLLABORATIVE DRAINAGE SYSTEM REPAIR BID PROPOSAL FORMS V per TON ef vvf per LF 0, $ 11A" $ Z� per Li= per $ q() $ � per EA ___. o"/ per EA - __- Page 12 39 A19 1 EROSION/WATER P XLUTION CONTROL Force Account (8-01) A20 15 EROSION AND SEDIMENT CONTROL (ESC) LEAD Day (8-01.3(1)B) A21 425 SEEDING, FERTILIZING, AND MULCHING Square Yards (8-01.3(2)) A22 40 WATTLES Lineal Feet (8-01.3(10)) A23 11 BEAM GUARDRAIL TYPE 1 Lineal Feet (8-11.3) A24 2 BEAM GUARDRAIL FLARED TERMINAL Each (8-11.3) A25 8.5 LOOSE RIPRAP. Cubic Yards (8-15,3(2)) BIRCH POINT COLLABORATIVE DRAINAGE SYSTEM REPAIR BID PROPOSAL FORMS $3,000.00 $3,000.00 ✓ per FA � .. $ per Day $ per SY ta- 6 i per LF ✓ $ per LF $ per EA $ ��� $ �� ✓ per CY Page 13 A26 1 LANDSCAPE RES- 'ORATION Force Account ($-26) $5,000.00 $5,000.00 f per FA A27 1 REPAIR PUBLIC. oND PRIVATE FACILITIES Force �g_27) Account ._.___..._.._----- $7,000.00....._..0 $7,000.00 per FA Schedule A Total (No sales tax) x:1) Bid Items Al - A27 $ %/_Z_6__-04;7 A.__ s :_ l;. BIRCH I'OINT COLLABORATIVE DRAINAGE SYSTEM REPAIR BID PROPOSAL FORMS Page 14 41 ( ) SECTION REFERENCE ITEM NO.QUANTITY DESCRIPTION Schedule B a Private Property Items B1 1 SPILL PREVENTION, CONTROL, AND COUNTERMEASUERS PLAN Lump Sum (1-07.15(1)) B2 1 STAND-BY TIME DUE TO ARCHEOLOGICAL FINDINGS Force Account (1-07.16(4)) 63 1 CLEARING AND GRUBBING Lump Sum (2-01.3) B4 1 REMOVAL OF STRUCTURES AND OBSTRUCTIONS Lump Sum (2-02) 135 307 GRAVEL BORROW INCLUDING HAUL Cubic Yards (2-03.3(14)J) BIRCH PWNT COLLABORATIVE DRAINAGE SYSTEM REPAIR BID PROPOSAL FORMS UNIT PRICE TOTAL tl $ vr $ per LS $3,500.00 $3,500,00 `1 ^per FA $ $ per LS 571�_ �;V $ $ 3�,'i ✓ per LS e14" q, Z/ $3$$t�� per CY Page 15 42 66 10 WATERING 1000 Gallons (2-07) per M GAL B7 B00 SHORING OR EXTRA EXCAVATION CLASS B Square Foot (2-09.3(3)D) a per CY 68 442 STRUCTURE EXCAVATION CLASS B INCL. HAUL Cubic Yards (2-09.3(4)) 1 $ $� per SF 69 1 EXCAVATION SHORING AND FOUNDATION UNERPINNING Lump Sum (2-09.4) per LS 1310 1 BLUFF PILLOW Each (2-12-3(5)) 8l 56 $' per EA B11 243 HIGH -DENSITY POLYETHYLENE (HDPE SDR 26)"�% PIPE 36 IN. DIAMETER Lineal Feet (7-01.2) $ $ W Per LF BIRCH POINT COLLABORATIVE DRAINAGE SYS7'ENI REPAIR BID PROPOSAL FORMS Page 16 (Amended) B12 115 CORRUGATED POLYETHYLENE CULV. PIPE 36 IN. DIAM. Lineal Feet (7-01.2) B13 1 DIFFUSER TEE 36 IN. DIAM, Each (7-02.3(8)) B14 1 CATCH BASIN TYPE 2 54 IN. DIAM. Each (7-05.2) B15 1 CONCRETE ANCHOR BLOCK Each (7-05.3(5)) 616 1 EROSION/WATER POLLUTION CONTROL Force (8-01) Account B17 425 SEEDING, FERTILIZING, AND MULCHING Square Yards (8-01.3(2)) B18 275 SEDIMENT CONTROL BARRIERS - FENCING Lineal Feet (8-01.3(9)) BIRCH POINT COLLABORATIVE DRAINAGE SYSTEM REPAIR BID PROPOSAL FORMS d� $$ per LF ,rj va per EA 0 per EA ��a` $1 $ 1vro J per EA ,/ $3,000.00 $3,000,00 per FA _ / per SY $a $���"' per LF Page 17 B19 1 LANDSCAPE RESTORATION Force (8-26) Account 1910nnnno �innnnnri X/ per �F B20 I REPAIR PUBLIC AND PRIVATE FACILITIES Force (8-26) Account V/ - - - ------------------- $8,500.00 $8,500.00 per FA 1081, Subtotal Schedule B $ (Bid Items BI - B20) Tax (8.5%) $ Total Schedule B, $ Total Schedule A $ 1'2-�-O- W-11. Total Schedule B ... $.. . ....... TOTAL PROJECT BID AMOUNT TOTAL $ Prospective bidders acknowledge algid are responsible for obtaining a complete copy of 40 CFR Part 31 from the intemet (see link below). BIRCH POINT COLLABORATIVE DRAINAGE SYSTEM REPAIR BID PROPOSAL FORMS Page 18 V/ V 45 Birch Point Collaborative Drainage System Repair I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: That the undersigned person(s) firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. NOTICE TO ALL BIDDERS To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m. Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse, and is operated under the direction of the USDOT Inspector General. Alt information will be treated confidentially and caller anonymity will be respected. BIRCH POINT COLLABORATIVE DRAINAGE SYSTEM REPAIR BID PROPOSAL FORMS Page 19 Eel The name of the Bidder submitting this proposal, the address and phone number to which all communications concerned with this proposal shall be made and the number which has been assigned indicating the Bidder is licensed to do business in the State of Washington are as follows: Firm Name: t A NLRk " Address: b`113 d MLAT " I : Telephone:' .._ t ' 'l 0 _-- Contractor's WA Registration Number: P Contractor's WA UBI Number: (D o z - Lf L— q I 1 Contractor's WA Employment Security Department Number:. L11-1-7-1-3-9100 p 0 Contractor's WA Excise Tax Registration Number: The Firm submitting this proposal is a: Sole Proprietorship _ Partnership Corporation The names and titles of the principal officers of the corporation submitting this proposal, or of the partnership, or of all persons interested in this proposal as principals are as follows: DDgr-,+,INs 51A.•�J C-14-1 --Fk F--.1 U,, E N1-� NOTE: Signatures of this proposal must be identified above. Failure to identify the Signatories will be cause for considering the proposal irregular and for subsequent rejection of the bid. BIRCH POINT COLLABORATIVE DRAINAGE SYSTEM REPAIR BID PROPOSAL FORMS Page 20 47 9,113 PROPOSAL SIGNATURE AND ADDENDUM ♦;: N:. . The bidder is hereby advised that by signature of this proposal he/she is deemed to have acb nawledged all requirements and signed all certificates contained herein. The undersigned hereby agrees to pay labor not less than the prevailing rates of wages or less than the hourly mininium rate of wages as specified in the Specifications and Conditions for this project. CASHIER'S CHECK CASH DOLLARS CERTIFIED CHECK COUNTY SURETY BOND ❑ IN THE AMOUNT OF ❑ (� _ .) PAYABLE TO WHATCOM X IN THE AMOUNT OF 5% OF THE BID. Receipt is hereby acknowledged by addendum(s) No.(s) _uI , Z , & 3 SIGNATURE OF AUTHORIZED OFFICIAL(S) (PROPOSAL MUST BE SIGNER) � � ! 1 . �.�— (Seal) FIRM NAMINr1C, / v STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) On this'Ll day of, _,�4e%-t- _ 2016, before me personally appeared to me personally known to be the person described in and ��t I xecuted the above instrument and who acknowledged to me the act of signing th It1� *0NOTAR 'UBLIC, in and for the State of ashington, residing at: My Commission Expires: VL °s-\ t1� r3a� 3s not transferable and any alteration of the firm's name entered hereon wit%t 4,lJ� ,p0Aission from Whatcom County will be cause for considering the proposal irregular and for subsequent rejection of the bid. BIRCH POINT COLLABORATIVE DRAINAGE SYSTEM REPAIR BID PROPOSAL FORMS Page 21 a-*] BID BOND KNOW ALL MEN BY THESE PRESENTS, that we,, Bianchi LLC dba Bianchi Construction_ of L nm dery -WA _ , as principal, and the j,QUWjdgJMLi u<tl lnsurance Co n jy a corporation duly organized tender the laws of the State of io and having its principal place of business sat P. 0 Box :3018 Bothell Wa 98041- 018 in the State of Washington, as Surety, are held and firmly bound unto Whatcom County, a Municipal Corporation in the State of Washington, in the full and penal sum of five percent (5%) of the total bid amount appearing on the bid proposal of said principal for the work hereinafter described, for the payment of which, well and truly to be made, we bind our heirs, executors, administrators and assigns, and successors and assigns, jointly and severally, firmly by these presents. The condition of this bond is such that, whereas, the principal herein is herewith submitting his or its bid proposal for Birch Point Collaborative Drainage System Repair bid proposal, by reference thereto, being hereby made a part hereof. NOW, THEREFORE, if the said bid proposal submitted by the said PRINCIPAL be accepted, and the contract be awarded to said PRINCIPAL, and if said PRINCIPAL shall duly make and enter into and execute said contract and shall furnish the performance bond as required by the bidding and contract documents within a period of seven (7) calendar days from and after said award, exclusive of the day of such award, then its obligation to pay the above -mentioned penal sum as liquidated damages shall be null and void, otherwise it shall remain and be in full force and effect. SIGNED AND SEALED this _21st day of, Tune 2016. Bianchi LLC dba Bianchi Co istruction Principa� BY_ .mom __ g (Seal) Nationwide Mutual Insurance Conn) ny Surety; 1 , Attorney -In -Fact Theresa A. Lamb The Attorney -in -Fact who executes this bond on behalf of the surety company, must attach a copy of his power -of attorney as evidence of his authority. BIRCH POINT COLLABORATIVE DRAINAGE SYSTEM REPAIR BID PROPOSAL VORMS Page 22 i • The name of the Agency or Client for which the project was performed, including the address, phone number the name of the project manager: Project Nance:_.. .. _ _ _. p Y -_.. e _ �. ....J M - + ®�e_C_ Agency or Client: . Project Manager's Name: _CoOCIN h ox Address: F.( fS M Phone Number: 3 6 0 b S 3 b q IJ! Project Name:_._ 0 % _ e #1,, C' Agency or Client: Project Manager's Name: ? l Address: ° < Phone Number: 0 0 �i:5ko Project Name:, ra ox Agency or Client:.. C111 Project Manager's Name:. ___... Address: kQ_ gw Phone Number: m3�� e7� ?4__..r____ BIRCH POINT COLLABORATIVE DRAINAGE SYSTEM REPAIR BID PROPOSAL FORMS Page 23 61i1 KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an fowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: Andy D. Prilf Cart M. Lovsted III Chad M. Epple Darlene Jakielski Jim S. Kuich Jim W. Doyle Julie M. Glover Max Martin Michael A, Murphy Patti White S. M. Scott Steve Wagner Teresa Glembecki Theresa A. Lamb each in their individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of FIVE MILLION AND NO1100 DOLLARS $5,000,000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positionsof publicor private trust, and other writings obligatory in nature thatthe business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents an behalf of the Company." "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall notbe necessary for the validity of any such documents." This power of attorney Is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Cuilon of instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers In connection with the operation of the business of the company in addillon to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. iN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 13P day of _n t xry , 2014 . OWW Terrance Williams, president and Chief Operating Officer ci Nationwide Agribusiness hysuranca Company rt� .--SEAL.� P E L, and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance ��� Company ACKNOWLEDGMENT upe1y `43 �' wnkv'+� STATE OF IOWA, COUNTY OF POLK: ss On this 13c"day of February 2014, before me came the above -named officer for the Companies aforesaid, to a 0�.1i .AL4 me personally known to be the officer described in and who executed the preceding instrument, and he being by duly deposes and says, that he is the officer acknowledged the execution of the same, and me sworn, that the hereto the corporate seals of said Companies, and the of the Companies aforesaid, seals affixed are said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Companies. SandyAlllz AA SE 1110 � ' � � :.ISEA 0 Notarial9eal-lows Number 152755 Fm,,ommission d q ' , X .' . •� ComrnMon Expires March, 24, 2017f�,My Notary Public Commission Expires pr,` I CERTIFICATE March 24, 2017 1, Robert W Homer III, Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney 'issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WANESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this 1-_„ day of �f 20& f�....._._._.-, Secretary This Power of Attorney Expires March 1, 2017 BDJ 1(03-14) 00 46-28591 51 BID PROPOSAL .OP.•- A Date June 1, 2016 TO: Whatcom County Executive and Council Whatcom County Courthouse 311 Grand Avenue Bellingham, Washington 98225 Gentlepersons: This certifies that the Undersigned: has examined the location of the project site and the conditions of work; and has carefully read and thoroughly understands the Project Manual entitled: "Birch Point Collaborative Drainage System Repair, Whatcom County, Washington," including the "Bid Procedures and Conditions," "Specifications and Conditions," "Contract Forms," and 'Plans" governing the work embraced in this project, and the method by which payment will be made for said work. The Undersigned hereby proposes to undertake and complete the work embraced in this project in accordance with said contract documents, and agrees to accept as payment for said work, the schedule of lump sum and unit prices as set forth in the "Bid" below. The Undersigned acknowledges that payment will be based on the actual work performed and material used as measured or provided for in accordance with the said contract documents, and that no additional compensation will be allowed for any taxes not included in each lump sum or unit price, and that the basis for payment will be the actual work performed and measured or provided for in accordance with the said Project Manual. BIRCH POINT COLLABORATIVE DRAINAGE SYSTEM REPAIR BID PROPOSAL FORMS Page 9 52 STORMWATER IMPROVEMENTS PROJECT ( ) SECTION REFERENCE ITEM UNIT NO QUANTITYL DESCRIPTION I TOTAL PRICE Pgs Schedule A - Public Property Items Al l SPILL PREVENTION, CONTROL, AND COUNTERMEASUERS PLAN Lump Sum (1-07.15(1)) A2 1 STAND-BY TIME DUE TO ARCHEOLOGICAL FINDINGS Force (1-07.16(4)) Account A3 1 MOBILIZATION Lump Sum (1-09.7) A4 1 TEMPORARY TRAFFIC CONTROL Lump Sum (1-10.5(l)) A5 1 CLEARING AND GRUBBING Lump Sum (2-01.3) BIRCH POINT COLLABORATIVE DRAINAGE SYSTEM REPAIR BID PROPOSAL FORMS vv per LS $3,000.00 $3,000.00 per FA v`,- 11J_ '�5 $ $ per LS per LS Ut/ 6/ $ per LS Page (0 53 A6 1 REMOVAL OF STRUCTURES AND OBSTRUCTIO NS Lump Sum (2-02) A7 140 GRAVEL BOR ROW INCLUDING HAUL Cubic Yards (2-03.3(14)J) A8 4 WATERING 1000 Gallons (2-07) A9 600 SHORING OR EXTRA EXCAVATION CLASS B Square Foot (2-09.3(3)D) A10 203 STRUCTURE EXCAVATION CLASS B INCL. HAUL Cubic Yards (2-09.3(4)) A11 45 CONSTRUCTION GEOTEXTILE FOR UNDERGROUND DRAINAGE Square Yards (2-12.3(1)) Al2 28 CRUSHED SURFACING TOP COURSE Tons (4-04.2) BIRCH POINT COLLABORATIVE DRAINAGE SYSTEM REPAIR BID PROPOSAL FORMS per LS per CY per M GAL 0' per SF per CY $ per SY (7 i $ $ 1� Per TON Page II 54 A13 13.5 HMA CL, 1/2 IN. PG 64-22 Tons (5-04.2) per TON A14 40 CORRUGATED POLYETHYLENE CULV. PIPE 24 IN. DlAtvl. Lineal Feet (7-01.2) ,yy' vvf 2� ° V/ per LF A15 65 CORRUGATED POLYETHYLENE CULV. PIPE 36 IN. DIAM. Lineal Feet (7-01.2) 10 $ t�A ` $ `/ per LF A16 2 CULVERT TRASH RACK 24 IN. DIAM. Each (7-02.3(7)) 051- v✓� per EA A17 2 CATCH BASIN TYPE 2 54 IN. DIAM. Each (7-05.2) $ per EA A18 1 DEBRIS CAGE 54 IN, DIAM. Each (7-0573(6)) pu/ per EA BIRCH POINT COLLABOR ATIVE DRAINAGE SYSTEM REPAIR BID PROPOSAL FORMS Page 12 55 A19 1 EROSION/WATER P )LLUTION CONTROL Force Account A20 15 EROSION AND SEDIMENT CONTROL (ESC) LEAD Day (8-01.3(1)B) A21 425 SEEDING, FERTILIZING, AND MULCHING Square Yards (8-01.3(2)) A22 40 WATTLES Lineal Feet (8-01.3(10)) A23 11 BEAM GUARDRAIL TYPE 1 Lineal Feet (8-11.3) A24 2 BEAM GUARDRAIL FLARED TERMINAL Each (8-11.3) A25 8.5 LOOSE RIPRAP Cubic Yards (8-15.3(2)) BIRCH POINT COLLABORATIVE DRAINAGE SYSTEM REPAIR BID PROPOSAL FORMS $3,000.00 $3,000.00 ✓ per FA _.__._._..._ $ $'t'aJ —per Day per SY 8 j- S per LF `ter '16\. � I o ✓ per LF 7_ o'- 1 u $� (01 per EA per CY Page 13 56 A26 1 L4NDGC8PERE8'qRATx]N Force Account (8-26 $5.000-00 $5.000.00 * per FA 827 REPAIR PUBLIC. `NDPRIVATE FACILITIES Fmum Account (8-27) *7,000.00 $7.000.00 '/ ---'--------- ------ o F8 -----------'---------------'-------'-----�__-___1��+*____________ / Schedule Total (No sales yax'� "/3 $ Bid Items A1 -A27 BIRCH mmrcouAuORATmuDRAINAGE SYSTEM REPAIR BID PROPOSAL FORMS 57 ( } SECTION REFERENCE ITEM NO QUANTITY DESCRIPTION Schedule B - Private Property Items B1 1 SPILL PREVENTION, CONTROL, AND COUNTERMEASUERS PLAN Lump Sum (1-07.15(1)) 82 1 STAND-BY TIME DUE TO ARCHEOLOGICAL FINDINGS Force (1-07.16(4)) Account B3 1 CLEARING AND GRUBBING Lump Sum (2-01.3) 84 1 REMOVAL OF STRUCTURES AND OBSTRUCTIONS Lump Sum (2-02) B5 307 GRAVEL BORROW INCLUDING HAUL Cubic Yards (2-03.3(14)J) BIRCH POINI' COLLABORATIVE DRAINAGE SYSTEM REPAIR BID PROPOSAL FORMS UNIT PRICE I TOTAL 2?� ' or 22 p per LS $3 50n nn (ki rnn nn I per FA $ $ per LS per LS $3 $ it per CY Page 15 0 B6 10 WATERING 1000 Gallons (2-07) w✓/®� / per M GAL B7 800 SHORING OR EXTRA EXCAVATION CLASS B Square Foot (2-09.3(3)D) v -� �}00. ✓ per CY 68 442 STRUCTURE EXCAVATION CLASS B INCL. HAUL Cubic Yards (2-09.3(4)) 2� �21 $ $� per SF B9 1 EXCAVATION SHORING AND FOUNDATION UNERPINNING Lump Sum (2-09.4)/ per LS B10 1 BLUFF PILLOW Each (2-12.3(5)) B11 243 HIGH -DENSITY POLYETHYLENE (HOPE SDR 26) PIPE 36 IN. DIAMETER Lineal Feet (7-01.2) BIRCH POINT COLLABORATIVE DRAINAGE SYSTEM REPAIR BID PROPOSAL FORMS per EA Per LF Page 16 (Amended) 59 B12 115 CORRUGATED POLYETHYLENE CULV. PIPE 36 IN. DIAM. Lineal Feet (7-01,2) per LF B13 I DIFFUSER TEE 36 IN. DIAM, Each (7-02.3(8)) per EA 814 1 CATCH BASIN TYPE 2 54 IN. DIAM. Each (7-05.2) 0 ell $ $ per EA 1 CONCRETE ANCHOR BLOCK Each (7-05,3(5)) av, per EA 816 1 EROSIONIWATER POLLUTION CONTROL Force Account (8-01) $3,000.00 $3,1000.00 per FA B17 425 SEEDING, FERTILIZING, AND MULCHING Square Yards (8-01.3(2)) $ $ per SY B18 275 SEDIMENT CONTROL BARRIERS - FENCING Lineal Feet (8-01.3(9)) lj $ $ per LF BIRCH POINT COLLABORATIVE DRAINAGE SVSTEM REPAIR BID PROPOSAL FORMS Page 17 B19 1 LANDSCAPE RESTORATION Force (8-26) Account $10,000.00 $10,000,00 per FA.�.�__.�_..._.__.. 620 1 REPAIR PUBLIC AND PRIVATE FACILITIES Force (8-26) Account ---- $8,500.00 $8,500.00 ---per FA_._.__._,__.__._m__.__ j Subtotal Schedule B (Bid Items B1 — B20) Tax(8.5%) r �4 ). `7- i`�, Total Schedule B $t._.,..'; Via. Total Schedule A $ Total Schedule B TOTAL PROJECT BID AMOUNT TOTAL Prospective bidders acknowledge and are responsible for obtaining a complete copy of 40 C;"FR Part 31 from the intemet (see link below). BIRCH[ POINT COLLABORATIVE DRAINAGE SYSTEM REPAIR BID PROPOSAL FORMS Page 18 «i NON -COLLUSION Birch Point Collaborative Drainage System Repair I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: That the undersigned person(s) firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. NOTICE TO ALL BIDDERS To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m. Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse, and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. BIRCH POINT COLLABORATIVE DRAINAGE SYSTEM REPAIR BID PROPOSAL FORMS Page 19 62 BIDDER ER IDENTIFICATION The name of the Bidder submitting this proposal, the address and phone number to which all communications concerned with this proposal shall be made and the number which has been assigned indicating the Bidder is licensed to do business in the State of Washington are as follows: Firm Name: 16 ! A W WA k S) W � ) QVN Address: HiN S C UK7 6-1 f it Telephone:- " a l � 6010 -- Contractor's WA Registration Number: 1, (. " p Contractor's WA UB I Number: (D o z - q t 1 Contractor's WA Employment Security Department Number:.__ _ _.j... _0_0— 0 Contractor's WA Excise Tax Registration Number: __..... it 8 J, 0 mmm The Firm submitting this proposal is a: Sole Proprietorship _ Partnership Corporation The names and titles of the principal officers of the corporation submitting this proposal, or of the partnership, or of all persons interested in this proposal as principals are as follows: 'Db+ALt InP's i�31A-%t C-9-� 1 �� F- S t Ca Na NOTE: Signatures of this proposal must be identified above. Failure to identify the Signatories will be cause for considering the proposal irregular and for subsequent rejection of the bid. BIRCH POINT COLLABORATIVE. DRAINAGE SYSTEM REPAIR BID PROPOSAL FORMS Page 20 63 PROPOSALAAND ADDENDUM ACKNOWLEDGMENT The bidder is hereby advised that by signature of this proposal he/she is deemed to have acknowledged all requirements and signed all certi icates contained herein. The undersigned hereby agrees to pay labor not less than the prevailing rates of wages or less than the hourly minimum rate of wages as specified in the Specifications and Conditions For this project. CASHIER'S CHECK ❑ IN THE AMOUNT OF CASH ❑ DOLLARS CERTIFIED CHECK COUNTY SURETY BOND ❑ ( _ ) PAYABLE TO WHATCOM rV IN THE AMOUNT OF 5% OF THE BID. Receipt is hereby acknowledged by addendum(s) No.(s) � I , 2—, & 3 SIGNATURE OF AUTHORIZED OFFICIAL(S) (PROPOSAL MUST BE SIGNED) ✓�*-+ ���� (Sea() FIRM NAMEv_ / , STATE OF WASHINGTON ) ) ss. COUNTY OF WIIATCOM ) On this'41, day of, 2016, before me personally appeared to me personally known to be the person described in and w xecuted the above instrument and who acknowledged to me the act of signing th sli s�A.YtFIOf,�di g g g NO'I AI UBLIC, in and for the State ctF ashington, residing at: w My Commission Expires: %I. IA 7-v% p IN �AA�'r`s not transferable and any alteration of the firm's name entered hereon witrrtr+l),a�j�Ptt�'r�r`iission from Whatcom County will be cause for considering the proposal irregular and for subsequent rejection of the bid. BIRCH POINT COLLABORATIVE, DRAINAGE SYSTEM REPAIR BID PROPOSAL FORMS Page 21 M KNOW ALL MEN BY THESE PRESENTS, that we,. Bianchi LLC dba Bianchi Construction of l,vnden, WA , as principal, and the �1 y[ i le M,� 1- lnsurance i om arty a corporation duly organized under the laws of the State of Ohio and having its principal place of business at P. 0. Box3018 Bothell Wa 98041-3015 in the State of Washington, as Surety, are held and firmly bound unto Whatcom County, a Municipal Corporation in the State of Washington, in the full and penal sum of five percent (5%) of the total bid amount appearing on the bid proposal of said principal for the work hereinafter described, for the payment of which, well and truly to be made, we bind our heirs, executors, administrators and assigns, and successors and assigns, jointly and severally, firmly by these presents. The condition of this bond is such that, whereas, the principal herein is herewith submitting his or its bid proposal for Birch Point Collaborative Qrazina e S stem 1te ail- bid proposal, by reference thereto, being hereby made a part hereof. NOW, THEREFORE, if the said bid proposal submitted by the said PRINCIPAL be accepted, and the contract be awarded to said PRINCIPAL, and if said PRINCIPAL shall duly make and enter into and execute said contract and shall furnish the performance bond as required by the bidding and contract documents within a period of seven (7) calendar days from and after said award, exclusive of the day of such award, then its obligation to pay the above -mentioned penal sum as liquidated damages shall be null and void, otherwise it shall remain and be in full force and effect. SIGNED AND SEALED this _21st day of, Tune 2016. Bianchi LLC dba Bianchi Coo struCtion ... _T (Seal) Nationwide Mutual Insurance C;orn2any Attorney -In -Fact Theresa A. Lamb The Attorney -in -Fact who executes this bond on behalf of the surety company, must attach a copy of his power -of attorney as evidence of his authority. BIRCH POINT COLLABORATIVE DRAINAGE SYSTEM REPAIR BID PROPOSAL FORMS Page 22 65 SIMILAR rO REFERENCE The name of the Agency or Client for which the project was performed, including the address, phone number the name of the project manager: ProjectNarnc:__ .i 1._ Agency or Client: ' Dv3n Project Manager's Name: _ C ®dN_.__�_. Address: Phone Number: 3 4a4 B655 bq01 Project Name: _ ". S e r era C,C, u Agency or C:`lient:. C�_ a v\ a _ e _ Project Manager's Name: , . " ?-:)-c itr a, T6, 't_Y-4 @ Address: Phone Number: I (a 0 01-3 11 to Project Name:_�._.:..__. AgencyorClient: 11_T-____.._��1.j_ .. Project Manager's Name: _�)JLt. Address: k nt i,rtY Phone Number: ` 7 __ ' BIRCH POINT COLLABORATIVE DRAINAGE SYSTEM REPAIR BID PROPOSAL FORMS Page 23 KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: Andy D, Prill Cart M. Lovsted Ill Chad M. Epple Darlene Jakielski Jim S. Kuich Jim W. Doyle Julie M. Glover Max Martin Michael A. Murphy Patti White S. M. Scott Steve Wagner Teresa Glombecki Theresa A. Lamb each in their individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on Its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of FIVE MILLION AND N01100 DOLLARS $5,000,000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seat of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney Is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. ¢ X.ocqliqq of insntunenis. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this, instrument to be sealed and duly attested by the signature of its officer the 13" day of Fe �. 2014 . ws Zk Terrance Williams, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company �� i r a �� and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, ��•'SEAL A ��« SE1�r..;«� AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance p+ Company ACKNOWLEDGMENT ^� m• OWN Ar _,: sway ..�� �,�,,; •.,,a� STATE OF IOWA, COUNTY OF POLK: ss >tt On this 13r" day of February 01 4 • before me came the above -named officer for the Companies aforesaid, to ;fA« 1"SEAL me personally known to be the officer described in and who executed the preceding instrument, and he 4 acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer �.a. of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said instrument bythe authority and direction of said Companies. SandYAlltz d� w Notarial Seal -Iowa p « 0 �'1'% '^ •'i Commission Number 152785 it Notary Public <'+ My Commission Expires March, 29, 2017 �� 4 ��rr�;ii +, My Commission Expires mow"® CERTIFICATE March 24, 2017 1, Robert W Horner ill, Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney Issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Terrance Williams was on file date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attornoy is sfill In full force and affect. t3;f IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this.. day of 20 Secretary This Power of Attorney Expires March f, 2017 BDJ 1(03-14) 00 46-28591 Bid Tabulation Birch Point Collaborative Drainage System Repair Bid Number 16-25 ENGINEER'S ESTIMATE I Bianchi Construction I Ariston Pacific, Inc. Dirt Works Bellingham Inc. Cayman's Construction ITEM NO. DESCRIPTION QUANTITY UNIT UNIT TOTAL PRICE AMOUNT UNIT TOTAL PRICE AMOUNT UNIT TOTAL PRICE AMOUNT UNIT TOTAL PRICE AMOUNT_ UNIT TOTAL PRICE AMOUNT SCHEDULE A • Public Property Items _ A7 SPILL PREVENTION, CONTROL, AND COUNTERMEASURES PLAN 1 I i 1 1 1 140 4 600 203 45 28 i3.5 40 65 2 2 1 1 15 425 40 11 2 8.6 i i LS FA LS LS LS LS Cy MGAL SF Cy SY TON fON LF LF CA EA EA F'A DAY SY LF LF EA CY FA FA $ 5,000.00 $ 5,000.00 $550.00 $ 550.00 $985-60 $ 985.60 $1.000.00 $ 1,000.00 $600.00 $ A2 STAND-BY TIME DUE TO ARCHEOLOGICAL FINDINGS $ 3.000-00 $ 3,000.00 $3,000.00 S 3,000.00 $3,000.00 $ 3,000.00 $3,000.00 $ 3,000.00 $3,000.00 _600.00 $ 3,000.00 A3 $ 19.000.00 $ 19000.00 $23.250.00 S 231250.00 _ _ $36,834,93 $ 36.834.93 $15.000.00 $ 15.000.00 553.24400 $ 53,244.00 _ _MOBILIZATION A4 _ TEMPORARY TRAFFIC CONTROL $ 15,000.00 $ 15,000.00 $10.075.00 S 10.075.00 $6.563.20 $ 6,563.20 $30.000,00 S 30.000.00 S24.00000 S 24,00000 AS CLEARING AND GRUBBING $ 3,500.00 $ $7500.00 $ 7,500.00 $5.840.80 $_ 5,040.80 $1.000.00 $ 1,000.00 $6,02400 $ 6,024.00 A6 _ REMOVAL OF STRUCTURES AND OBSTRUCTIONS S 1,500,00 _3.500M $ 1.500.00 $6,000.00 S 6.000.00 $3,088.40 $ 3,068.40 $8.000.00 S 8,000.00 $4,167.00 $ 4.167.00 _ A7 GRAVEL BORROW INCLUDING HAUL J $ 20.00 S 2.800.00 $38,75 $ 5.425.00 $26.78 $ 3.749.20 $22.50 $ 3.150.00 $35.50 $ 4.970.00 A8 WATERING(1000 Gallons) _ $ 200.00 $ 800.00 $155.00_ $ 620.00 _ $582A0 $ 2.329.60 S50A0 $ 200A0 5120.00 $ 460,00 _ A9 SHORING OR EXTRA EXCAVATION CLASS B S 1.00 $ 600.00 Sim y5 600.00 $8.57 $ 5,142.00 $10.00 $ 6.000.00 $3,52 $ 2,112.00 A10 STRUCTURE EXCAVATION CLASS B INC_L_HAUL $ 40.00 $ 8.120.00 $23.25 5 4.719,75 $37 32 $ 7.575.96 $32.50 $ 6.597.50 $30.00 $ 6.090.00 A71 _ _ CONSTRUCTION GEOTEXTILE FOR UNDERGROUND DRAINAGE $ 5.00 $ 225.00 $1.550 _ $ 697.50 _ $14.70 $ 661.50 $2.50 $ 112.50 $20.64 $ 928,80 _ Al2 _ CRUSHED SURFACING TOP COURSE $ 70.00 $_ 1.960.00 $46,50 S 1,302,00 $_ 2.94672 S32.50 $ 9W000 $99.17 $ 2.776.76 A13 HMA CL. 1/21N. PG 64-22 $__ 150.00 $ 2.025.00 $38750 S. 5.231.25 _$105.24__ 5.899.37 _ $300.00_ $ 4,050.00 $387.62_ $ A74 ___ __ CORRUGATED POLYETHYLENE CULV. PIPE 24 IN. DIAM. $_ 40,00 $ 4.600.00 _ $54.25 $ 2.170,00 __$436.99_ $101 83 _$ $ 4.073.20 $58.00 $ 2.32000 $ 136.97 ___5.2388.80 S 5,478 A75 _ CORRUGATED POLYETHYLENE CULV. PIPE 361N. DIAM.__ $ 75.00 _ $ 4,875.00 _ 114.70 $ 7,455.50 $120.05 $ 7.603.25 $92,00 $ 5.980.00 $327,98 $ 21.318.70 A16 _ _ CULVERT_ TRASH RACK 241N. DIAM. _ $ 200,00 $ 400.00 _ $775.00 $ 1.550.00 $782,88 $ 1,565.76 $650.00 $ 1.30000 $756.00 $ 1,512.00 A77 CATCH BASIN TYPE 2 541N. DIAM. $ 3,750.00 $ 7.500,00 $4,045.50 $ 8,091.00 $3.440.92 $ 6,881.84 57,100.00 $ 14.200.00 $8.199.50 $ 16,399.00 A18ELOOSERWRAP CAGE 541N, DIAM. $ 3,500.00 _ 8 3.500,00 $1.960.00 $ 1.960.00 $2,424.67 $ 2,424.57 $2,000.00 $ 2,000,00 $2.428.00 S 2,428.00 A19N! WAFER POLLUTION CONTROL $ 3.000.00 $ 3,000.00 $3.000.00 S 3.000,00 $3,000.00 $ 3,000.00 $3.000.00 S 3,000X0 $3.000.00 $ 3.000.00 A20N AND SEDIMENT CONTROL (ESC) LEAD $ 100.00 $ 1,500.00 $155.00 S 2,325..00 $196.00 $ 2,940,00 $150.00 $ 2.250.00 5196.00 $ 2,940.00G. FERTIl121NG. AND MULCHWG $ 350 $ 1,487,50 $2.33 $ 9.40.25 $15.59 $ 6.625.75 $14.00 $ 5.950.00 $6.35 $ 2,698.75 A22ES $ 5.50 $ 220.00 $4.65 $ 186.OD $826 $ 330.40 $0.50 $ 180.00 $14.50 $ 580.00 23UARDRAIL __ TYPEI $ 50.00 $ 550.00 $251 0 _ $ 2.762.10 3252.23 $ 2.774.53 $170,00 $ 1.870.00 $193.82 $ 2.132,02 A24UARDRAIL FLARED TERMINAL $ 2.500.00 $ 5.000.00 $6.90750E 13,615.20 $5.309,92 $ 10,619.84 $4.300.00 $ 9.600.00 $5.26900 $ 10.53.00A25 RWRAP $ 250.00 S 2.125.00 $116.25 $ 988.13 $208-43 $ 1,771.66 $58.00 $ 493.001115.65 $ 1,238.03 A26APE RESTORATION $ 5,000.00 $ 5,000.00 $5.000.00 $ 5,000.00 $5,000.00 $ 5,000.00 $5,000.00 $ S,OOC.00 $5,000.00 $ 5.00000 A27 _ REPAIR PUBLIC AND PRIVATE FACILITIES $7,000.00 _ $ 7.000.00 $7,000.00 $ 7.000.00 $7.000.00 $ 7.000.00 $7.000.00 $ 7,000.00 $7.000.00 $ 7,000.00 Tafat ScheduteA _ $107,28760 8i26,083.68 5747,428.08 $140,16300 $195,888.73 I:\olrch ,, vreleclz\eircl, Poin!Dn OKWI\Ge0 C0115irUC1lpn\G1D-ie!e .t \eir<h PI 1v a ai4I-, fl,�alxis.+ Bid Tabulation Birch Point Collaborative Drainage System Repair Bid Number 16-25 ENGINEER'S ESTIMATE Blanchl Construction Afiston Pacific, Inc. Dirt Works Bellingham Inc. Carman'. Construct[.. ITEM NO. DESCRIPTION UNIT QUANTITY UNIT _PRICE_ TOTAL AMOUNT UNIT TOTAL _PRICE AMOUNT UNIT PRICE TOTAL AMOUNT UNIT _PRICE_ TOTAL AMOUNT UNIT TOTAL PRICE AMOUNT SCHEDULEe •Private Property Items __ __ 81 SPILL PREVENTION_,_00 TROL, AND COUNTER MEASURES PLAN __ 1 I 1 307 10 800 442 i 1 243 115 I 1 'i 7 425 275 1 1 LS FA LS LS CY MEAL SF CY LS EA LF LF EA EA EA FA SY LP FA _ FA $ 5.000 OD $ 5000.00 $220.0_0 $ 220.00 _ $7B4.00 _ _ $ 784.00 _ $750,00 $ 759,00 $12.00 $ 12.00 _ .�._ _ �.--_-- STAND-BY TIME DUE TO ARCHEOLOGICAL FINDINGS _ $ T3,500,00 _ $ 3.500,00 $3.60000m $ 3,60000 $3.500.00 $ 3,500.00 $3,500.00 $_ 3.500,00 $3.500.00_ $ 83 CLEARING AND GRUBBING $__8.200,00 $ 8.200.00 S33750 $ 337,50 $5,227.60_ $ 5,227,60 $6,500A0 -6,500.00 $ _3.500.00 5,86300 _ B4 B5 REMRND OVALOFSTRUCTUES A08STRUCTIONS -.. GRAVEL BORROW INCLUDING HAUL $ 6,000.00 $ 6,000,00 $337.50 $�� 337.50 $1,618.40 $ 1,618.40 $15.000.00� _$ $�15,000.00 _S5.863.00 $5.030.00 $ 5,030,00 $ 2000 $ 8,14000 $38-75 $ 11,896.25 $29.86 $ 9,105.62 $ 9.977.50 $39.81 $ 12,221.67 B6 WATERING(1000GOII-e) $ 20000 $ 2000.00 5135.00 $ 1.350.00 $722,40 $ 7,224.00 ,$32.50 $35.00 $ 350.00 $12000 $ 1.200.00 87 SHORING OR EXTRA EXCAVATION CLASS B $ 1.00 $ 800.00 $6.75 $ 5.400.00 $6A3 $ 5.144,00 $25,00 $ 20.000.00 $0,60 $ 480.00 88 STRUCTURE EXCAVATION CLASS B INCL. HAUL $ 40 00 5_ 78,000.00 $ 17,680.00 $ 18,0g0.00 $23.25 $2A_2_5.00 $ 10.276.50 $ 2,025.00 $37.75 $8.831.20 S 16.685.50 $ 8,831.20 $38.50 $45,000.0D $ 17.01 TO $ 45,00000 S27.56 $82.604m $ $ 12.18152 82,804.00 89 EXCAVATION SHORING AND FOUNDATION U_N__ERPINNI_N_G BLUEF PILLOW (ADDENDUM 3) ��~ _ _ _ $ 1,200.00 $ 1,200.00 $2.025.00 $ $3,640.00 $ 3.640.00 $7,500.9 $ 7,500,00 $2.791.00 _ $ 2.791.00 011 NIGH -DENSITY POLYETHYLENE (HDPE SDR 2G) PIPE 361N. D)AM $ 16500 $ 40,095 00 $125.Ot _2.025.00 $ 30.377.43 $242,47 $ 58,920..21 _ $205.00 _ S 49.815.00 9429.23 $ 104,302,89 B12 813 _..�__... CORRUGATED POLYETHYLENE CULV. PIPE 361N, DIAM. DIFFUSER TEE361N, DIAM. $ 75.00 - 5 8.625.00 _..._�__... $99.20 _.___....___ $ 11,408.00 ��.-.. $149.62 . $ 17,206.30 _ $160.00 �. 5 18.400.00 $461.23 $ w 53,041.45 $ 1.50000 $ 3,75000 $ 1.500.00 S 3,750.00 $2.025,00 $2,430.90 $ 2,025,00 S 2,43000 $5.63136 $9,441.82 $ 5,631.36 $ 9,44182 $6.600,00 $9,500,OD S 5,600.00 S 9.500.00 $10,193.00 $7.428.00 5 $ 10.19300 7,428.00 814 CATCH BASIN TYPE 2541N. DIAM. B75 CONCRETE ANCHOR BLOCK $ 3.500,00 $ 3,500.00 $1,485.00 $ 1,485.00 $5,516.22 $ 5,516.22 $8,500.00 $ $500;00 $5.768.00 $ 5.768.00 _.._,._...-_..., 016 v__..._-___ _ _ ERO$IONl WATER POLLUTIONCONTROL $ 3.000.00 -_.. $ 3,000,00 $3,000.00 ___- $ 3,000.00 $3,00000 ...-....._._____.-.....____.._._.._..___......__ $ 3.000.00 $3.000.00 S 3,000,00 S3,000.00 _..._.._._....._._. $ 3,000.00 657 618 819 820 SEEDING, FERTILIZING. ANDMULCHING SEDIMENT CONTROL BARRIERS - FENCING LANDSCAPE RESTORATION REPAIR PUBLIC AND PRIVATE FACILITIES_ _ _ _ $ 3.50 S 6.00 S 1,487.50 $ t.650.00 $2.03 $4.05 S B62.75 S 1,113.75 $15.26 $11.87 $ 8,485,50 $ 3.264,25 $1400 $6,00 $ 5.950.00 5 1,650.00 $3.00 $tt,a6 $ $ 1.275.00 3.2fi150 $ 10,000.00 $ 10,000.00 $10,000.00 $ 10,000.OD $10,00000 $8,600,00_ $ 10,00000 5 8,500.00 $1Q000,00 $8,500.00^ $ 10,000.00 $ 8,500.00 $10,000.00 _$8.5C0 00 $ $ 1o.oilo00 8.500.00 $ _ 8,500,0IT $ 8.500,00 $8,500.00 $ 8,500.00 Subtotal Schedule 8 .62750 $JOB,569.68 $189,725,98 $246.609.50 $332,853.03 Soles Tax@8.5% $12.603.34 $9,228.42 $16,126,71 $20,953.31 $26,292.51 Total Schedules $163,4308n $7 f7,798.10 $205,852.69 $267,462.81 $361,145.54 TOTAL BID-SCHEDULEA&e $270.71884 _ -$243,861.78 T_ _ T 5353,280.77 5407,625.et � $557,034,27 ' Nole: Amounts in bold and ltefic I hereby ecaily lhat 01e amounts labutatcd heroin are correct and accurately represent the awcinN, Contained in the Engineer, ,,'Bolo[. and the retpeCtive bid proposals opened w 2:30 PAI., r June 21, 2016 ib the Dirch'oun C.11;i m'nn'c va c tiyxhmr is pr ;eel � Ic _ .. Kirk:\ Clu isiunsen, I'.f I �"{'i Engineering Supervisor mi resentacouectJon to (hoccoaa,lol's subnliaed bid N rAlb OP wASIIING 1'ON) ) tt, COUNTY OF WHATCOM1 \tt IiIIU11JIll Y'\' RA + � 1'`' `5\� f\ 6 /} l,, 11 V �s��''����i ..1 A • - to era- On this day personally appeared before os, Kirk N. Chri,m-n. P.E., known to me to be the Engineering Sup-wr and the person described heroin rid who ex roil the within and foregoing inslrament NOTARY P1181.iC' / ) N.-ad y IQi�Nlb'4(.. M //�� %p/� y «,.,,�� 1!2 ,P OUBL V : " p6' 29-1I,\ �C7 \ \ c.r�filW���`C,` ,\Birch Bay 5lerrnwater\c,Pft l MProvera- Prolnds\Birch Point DNR OnI AN6e0 fon,irudlun\610 50,,dlon\Binh Pt Collaborative ia-.ye Synem aepalr aid Tab, finA.h. on • WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-223 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: g JNT 612212016 7T� �P it E 4�✓J � � 1/ E D July 12 ,2016 Finance/Council Division Head:�� JUL1 COUNCIL Dept. Head: Prosecutor: 0(' 1xi4 Purchasing/Budget: bb 6,22� Executive: TITLE OF ENT: Lower Mainstem Habitat Assessment 16-2048 Salmon Recovery Funding Board Grant Application Authorization Resolution ATTACHMENTS: Authorizing Resolution SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing? ( ) Yes (X ) NO SEPA review completed? ( ) Yes ( ) 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.) A resolution by the Whatcom County Council that authorizes Public Works to submit a grant application and, if successful, for the County Executive to enter into a grant agreement with the Washington State Recreation and Conservation Office for funding through the Salmon Recovery Funding Board. The grant will support the Lower Mainstem Habitat Assessment project. Total estimated project cost is $337,000 with a grant request of $237,000 and $100,000 in match from a separate grant source. 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 PUBLIC WORKS DEPARTMENT Jon Hutchings Director MEMORANDUM NATURAL RESOURCES 322 N. Commercial Street, Suite 110 Bellingham, WA 98225 Telephone: (360) 778-6230 FAX: (360) 778-6231 www.whatcomcounty.us TO: The Honorable Jack Louws, Whatcom County Executive and Honorable Members of the Whatcom County Council THROUGH: Jon Hutchings, Public Works Director FROM: Gary Stoyka, Natural Resource Manager RE: Resolution Authorizing an Application for Grant Funding for a Lower Mainstem Habitat Assessment DATE: June 22, 2016 Enclosed for your review and signature is one original of a Whatcom County Council resolution. ■ Requested Action Approval of a resolution which authorizes Public Works to submit an application to the Salmon Recovery Funding Board for grant funding assistance to prepare a Lower Mainstem Habitat Assessment is respectfully requested. The resolution also authorizes the Whatcom County Executive to enter into a grant agreement with the Washington State Recreation and Conservation Office should funding be awarded. ■ Background and Purpose Integration of salmon recovery and floodplain hazard management is identified as a high priority in the WRIA 1 Salmonid Recovery Plan. Detailed habitat assessments have been prepared for and guide salmon habitat restoration in the forks of the Nooksack River but have yet to be done for the mainstem from near Deming downstream to Bellingham Bay. This information is needed to define salmon habitat restoration needs and priorities in the lower 36.5 miles of the river. The assessment will provide essential data that supports "integrating" salmon recovery priorities into the Comprehensive Flood Hazard Management Plan (CFHMP) update that will begin later in 2016. ■ Funding Amount and Source If successful, $237,000 in grant funds will be awarded by the Salmon Recovery Funding Board in early 2017. Match of $100,000 is proposed from a separate granting agency and, if successful, will be awarded fall 2016. Total estimated project cost is $337,000. Please contact Gary at extension 6218 if you have any questions or concerns regarding this resolution. Enclosure 71 PROPOSED BY: PUBLIC WORKS INTRODUCED: JULY 12, 2016 RESOLUTION NO. (A resolution of the Whatcom County Council) AUTHORIZATION FOR APPLICATION TO THE SALMON RECOVERY FUNDING BOARD FOR A LOWER MAINSTEM HABITAT ASSESSMENT (RCO Project No. 16-2046) WHEREAS, the Whatcom County Council seeks funding to pay for a Habitat Assessment on the Lower Mainstem Nooksack River in preparation for updating the Comprehensive Flood Hazard Management Plan; and WHEREAS, this resolution authorizes submitting an application for grant funding assistance for a salmon recovery project to the Salmon Recovery Funding Board as provided in RCW 77.85, WAC 420 and other applicable authorities; and WHEREAS, under the provisions of the Salmon Recovery Act, state grant assistance is requested to aid in financing the cost of a planning project, and WHEREAS, the Whatcom County Council considers it in the best public interest to complete the project described in the application. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that: 1. Jon Hutchings, Whatcom County Public Works Director is authorized to make formal application to the Salmon Recovery Funding Board for grant assistance. 2. Our organization has reviewed the sample project agreement on the Recreation and Conservation Office's Web site at: www.rco.wa.gov/documents/manuals&forms/SampleProjAgreement.pddf and authorizes Jack Louws, Whatcom County Executive to enter into such a project agreement, if funding is awarded. We understand and acknowledge that the project agreement will contain the indemnification (applicable to any sponsor) and waiver of sovereign immunity (applicable to Tribes) and other terms and conditions that are contained in the sample project agreement. The sample project agreement may be revised periodically by the Recreation and Conservation Office. Our organization recognizes that such changes might occur prior to our authorized representative signing the actual project agreement, and we accept the responsibility and the presumption that our authorized representative shall have conferred with us as to any such changes before he/she executes the project agreement on behalf of our organization and so executes with our authorization. 3. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. 4. The matching share of project funds are intended to be derived from a NOAA grant for which The Nature Conservancy has applied but has not yet received confirmation of grant award. The grant, once awarded, meets the requirements of WAC 420-12-040. In addition, our organization understands it is responsible for supporting all non -cash commitments to this project should they not materialize. 5. We acknowledge that if the Salmon Recovery Fund Board approves grant assistance for the project(s), the Recreation and Conservation Office will pay us on only a reimbursement basis, except for a specially approved advance payment. We understand reimbursement basis means that we will only request payment from the Recreation and Conservation Office after we incur eligible and allowable costs and pay them. The Recreation and Conservation Office may also determine an amount of retainage and hold that 72 amount until the project is complete. The Recreation and Conservation Office may approve advance payments in limited circumstances, pursuant to WAC 420-12-060 and the policy outlined in Manual 8, Reimbursements. 6. This application authorization becomes part of a formal application to the Salmon Recovery Funding Board for grant assistance. 7. We provided appropriate opportunity for public comment on this application. 8. We certify that this application authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that the person signing as authorized representative is duly authorized to do so. APPROVED this ATTEST: day of , 2016 Dana Brown Davis, Clerk of the Council APPROVED AS TO FORM: Daniel Gibson, Chief Civil Deputy Prosecutor Washington State Attorney General's Office WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Chairman Whatcom County Council Approved as to form March 18 2016 Assistant Attorney General Date 73 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-224 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: CH 6123116 RE " � �JED 7112116 Finance 7/12/16 Council Division [lead: J U0 1 JULDept. WHATCOM COUNCIL Head: JH 0 4/ 4 Prosecutor: d1g 06123116 Purchasing/Budget: Bb 06/24/16 Executive: � 7 . TITLE OF DOC ENT: Interlocal Agreement for Fire Protection Services ATTACHMENTS: Memo, interlocal, contract information sheet SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) 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.) There is no existing written interlocal for fire protection services between Whatcom County and Whatcom County Fire Protection District No. 8. Whatcom County Fire District No 8 asked for this interlocal to be prepared and executed per RCW 39.34.040. 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. -r WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JON HUTCHINGS DIRECTOR �CG�M- COG �93H1N�'��2 CIVIC CENTER 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: (360) 778-6200 FAX: (360) 778-6201 M E M O R A N D U M To: The Honorable Jack Louws, Whatcom County Executive and Honorable Members of the Whatcom County Council Through: Jon Hutchings, Public Works Director From: Chantelle Hilsinger, Ferry Coordinator Re: Intergovernmental Agreement for fire protection services Date: June 24, 2016 Enclosed are two (2) originals of the Intergovernmental Agreement for fire protection services between Whatcom County and Whatcom County Fire Protection District No. 8 for your review and signature. Background and Purpose There is no existing written interlocal for fire protection services between Whatcom County and Whatcom County Fire Protection District No. 8. Whatcom County Fire District No 8 asked for this interlocal to be prepared and executed per RCW 39.34.040. Funding Amount and Source There are adequate funds in the ferry budget for this expenditure. Please contact Chantelle Hilsinger at extension 6235 or Randy Rydel at 6217 if you have any questions regarding this action. Encl. 75 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. PW-Ferry Originating Department: Chantelle Hilsinger Contract or Grant Administrator: Whatcom County Fire District No 8 Contractor's / Agency Name: Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes No Yes _X_ No If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract # Does contract require Council Approval? Yes X_ No If No, include WCC (see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes No _X_ If yes, grantor agency contract number(s) CFDA # 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? Contract Yes No X If yes, RFP and Bid number(s) Cost Center: Is this agreement excluded from E-Verify? No Yes X_ If no, include Attachment D Contractor Declaration form. If yes, indicate exclusion(s) below; Professional services agreement for certified/licensed professional Contract less than $100,000. Contract for Commercial off the shelf items (COTS) Contract work is for less than 120 days Work related subcontract less than $25,000. Interlocal A eement between Govt's X Public Works - Local Aaency/Federally Funded FHWA Contract Amount:(sum of original contract amount and Contracts that require Council Approval (incl. agenda bill & memo) any prior amendments): • Professional Services Agreement above $20,000. • Bid is more than $50,000. $ 1537.00 Amendments that have either an increase greater than 10% or This Amendment Amount: provide a $10,000 increase in amount (whichever is greater) $ RENEWALS: Council approval is not required when exercising an Total Amended Amount: option to renew that is provided in the original contract. Summary of Scope: This Intergovernmental Agreement for fire protection services states the District will provide fire protection services to the property and all persons at the Terminal on the same basis as such protection is rendered to other areas within the District. In this regard, this Agreement shall not be construed to provide a special relationship or other exception to the Public Duty Doctrine that would require the District to provide a level of service to the Terminal than is different from the level of service provided in the balance of the District Term of Contract:I year Expiration Date: 12/31/2016 Contract Routing: 1. Prepared by: CH C 0' 2. Attorney signed: Daniel L. Gibson 3. AS Finance reviewed: bbennett 4. IT reviewed if IT related: 5. Contractor signed: 6. Submitted to Exec Office e� 7. Council approved (if necessary): 8. Executive signed: Date: 6/23/16 Date: 06123116 Date: 06/24/16 Date: Date: 6,d 0 Date:_ 6 ..30 `1� . Date: Date: 76 Last Edited 06171 1 �V vr „ n `.V x x j _ ? 4 2R '� p�4 3 d '� y`,` 1 r� 7 If e tIAGI INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES This Interlocal Agreement (the "Agreement') is entered into this day of 2016, in accordance with the provisions of the Interlocal Cooperation Act, R.C.W. 39.34, by and between Whatcom County Fire Protection District No. 8, a Washington municipal corporation, (the "District') and Whatcom County, a Washington municipal corporation (the "County"). The County and the District are collectively referred to herein as the "Parties." WHEREAS, the District is organized and equipped to provide fire protection to structures and equipment and other properties within its boundaries; and WHEREAS, the County owns and operates the structures at the Gooseberry Point Ferry Terminal (the "Terminal') which is located within the geographic boundaries of the District; and WHEREAS, RCW 52.30.020 requires that municipal corporations having properties within or adjacent to the boundaries of a fire protection district shall contract for fire protection services necessary for the protection and safety of personnel and property when such protection is not otherwise provided; and WHEREAS, the parties hereto recognize the advantages to be gained in the services to be provided to the citizens; NOW, THEREFORE, WHATCOM COUNTY and WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 8 AGREE AS FOLLOWS: 1. PURPOSE: The purpose of this agreement is to contract for fire protection services for the Gooseberry Point Ferry Terminal pursuant to RCW 52.30.020 2. TERM: The term of this Interlocal Agreement shall commence on the 1 st day of January, 2016, with the full execution of this document by all parties and the filing of this Interlocal Agreement as set forth in RCW 39.34.040. This Interlocal Agreement shall terminate on the 31st day of December, 2016. 3. SCOPE OF SERVICES PROVIDED BY THE DISTRICT: The District will provide fire protection services to the property and all persons at the Terminal on the same basis as such protection is rendered to other areas within the District. In this regard, this Agreement shall not be construed to provide a special relationship or other exception to the Public Duty Doctrine that would require the District to provide a level of service to the Terminal than is different from the level of service provided in the balance of the District. In the event of simultaneous emergencies at the Terminal and elsewhere in the District, the District shall have discretion as to when and how the District responds to each emergency. 4. PAYMENT. The County shall pay the District annually for such services an amount determined by applying the prevailing operational millage rate for the District to the value of the Terminal. For the purposes of this agreement the value of the Terminal shall be the undepreciated historic value of the site improvements. INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES —WCFD #8 Page 1 of 4 77 The County shall provide an annual payment (the "Annual Payment') to the District in accordance with RCW 53.30.020 and for the other services outlined here. The Annual Payment will be paid within 30 days of contract ratification and receipt of an invoice from the District. The Annual Payment represents payment for all services provided by the District. 5. The Fee. The Fee will be $1,537.00 for 2016 as determined by $1,024,481 undepreciated historic value of the site improvements times the current millage rate of $1.50. 6. Notices. All notices, requests, demands and other communications required by this Agreement shall be in writing and, except as expressly provided elsewhere in this Agreement, shall be deemed to have been given at the time of delivery if personally delivered or at the time of mailing if mailed by first class, postage pre -paid and addressed to the other Party at its address as any Party may designate at any time in writing to the following addresses: TO COUNTY: WHATCOM COUNTY PUBLIC WORKS 322 N. Commercial Street, Suite 210 BELLINGHAM, WA 98225 TO DISTRICT: WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 8 1800 Broadway BELLINGHAM, WA 98225 7. No Liability for Either Party. Except as expressly provided herein, neither Party shall be liable to the other arising from emergency services provided at the Terminal or services provided pursuant to this Agreement. 8. Mutual Releases. Except as specifically provided herein, the County and the District hereby forever releases or discharges each other, its officers, officials, employees, volunteers and/or agents from any claim arising from emergency services provided at the Terminal or services provided pursuant to this Agreement. 9. Liability to Other Party - Damage or Destruction to Apparatus or Equipment. Except as expressly provided herein, neither the County nor the District shall be obligated to pay the other Party for any damage to or destruction of any apparatus or equipment used in services provided pursuant to this Agreement. This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment. It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance as opposed to seeking reimbursement from other Party. 9. Liability to Third Parties — Waiver of Industrial Insurance Protection. The term "third party' means any person, firm or entity other than the Parties hereto. With regard to the emergency services provided at the Terminal or services provided pursuant to this Agreement, each Party shall be responsible for all liability arising from or related to the negligent acts or willful conduct of that Party, its officers, officials, employees, volunteers and/or agents which causes damage to third parties, to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party, its officers, officials, employees, volunteers INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES —WCFD #8 Page 2of4 78 and/or agents. Each Party specifically and expressly waives any immunity that may be granted under the Washington State Industrial Insurance Act, Title 51 RCW for claims brought by a Party against the other Party based upon a claim asserted by an employee or volunteer of the other Party. 10. Liability and Casualty Insurance. For the duration of this Agreement, each Party shall maintain its own public liability and property damage insurance with amounts of coverage as solely determined by each respective Party against claims for injuries to persons or damage to property, which may arise from or in connection with the performance of this Agreement by its officers, officials, employees or volunteers. This insurance requirement may be satisfied by a policy or policies of insurance or a self-insurance retention program adopted by a Party. 11. Waiver of Subrogation. To the extent permitted by the applicable insurance policies, each Party hereby waives any right of subrogation against the other Party. In this regard each Party utilizing a self-insurance retention program waives subrogation for any payment there under. 12. Severability. If any provision of this Agreement or its application is held invalid, the remainder of the Agreement or the application of the remainder of the Agreement shall not be affected. 13. Modification. This Agreement represents the entire agreement between the Parties. No change, termination or attempted waiver of any of the provisions of this Agreement shall be binding on either of the Parties unless executed in writing by authorized representatives of each of the Parties. The Agreement shall not be modified, supplemented or otherwise affected by the course of dealings between the Parties. 14. No Third Party Beneficiaries. This Agreement shall not be construed to provide any benefits to any third parties, including but not limited to the employees or volunteers of any Party. Specifically, and without limiting the foregoing, this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine. 15. Binding on Successors. This Agreement shall be binding on the successor agency of the District (either by merger, annexation or the creation of a fire authority) that provides the services noted herein in the geographic boundary of the District. 16. Entire Agreement. The entire agreement between the Parties hereto is contained in this Agreement and the exhibits hereto; and this Agreement supersedes all of their previous understandings and agreements, written and oral, with respect to the terms and conditions herein. This Agreement may be amended only by written instrument executed by the Parties subsequent to the date hereof. WHATCOM COUNTY Jack Louws, Whatcom County Executive INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES -WCFD #8 Page 3 of 4 79 Recommended for Approval: Jon Hutchings, WK066m County ublic Works Director Approved as to form: Daniel L. Gibson, Chief Civil Deputy Prosecuting Attorney DATED this day of , 2016. WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 8 Bill Hewett, Assistant Fire Chief INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES -WCFD #8 Page 4of4 0 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-225 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: James E. Lee, P.E. 16 U � {% i- ", V 07-12-16 Finance/Council Division Head: ��'� . Z7. l Joe Rutan, P.E. J,Kcsan1 JUL 21 �y TO1 COUNCIL Dept. Head: Jon Hutchings �/29 Prosecutor: Daniel L. Gibson " Purchasing/Budget: Brad Bennett Executive: Jack Louws .� TITLE OF D ENT.• Local Agency Stan and Consultant Agreement between Whatcom County and Art Anderson Associates, Inc. ATTACHMENTS: 1. Cover Memo 2. Contract Information Sheet 3. Local Agency Standard Consultant Agreement 4. Insurance Certificate and Endorsements 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.) This Local Agency Standard Consultant Agreement between Whatcom County and Art Anderson Associates provides for the design and preparation of a construction bid package for the Ferry Terminal Electrical Repair and Painting 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 County's website at. www.co.whatcom.wa.us/council. WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Jon Hutchings Director Memorandum Joseph P. Rutan, P. E. County Engineer/Assistant Director 322 N. Commercial Street, Ste 301 Bellingham, WA 98225-4042 Phone: (360) 778-6210 Fax: (360) 778-6211 To: The Honorable Jack Louws, Whatcom County Executive and The Honorable Members of the Whatcom County Council Through: Jon Hutchings, Director From: Joseph P. Rutan, P.E., County Engineer/Assistant Director9 dAt r At James E. Lee, P.E., Engineering ManagerF Date: June 27, 2016 Re: Ferry Terminal Electrical Repair and Painting CRP No. 916020 Local Agency Standard Consultant Agreement with Art Anderson Associates Enclosed for your review and signature are two (2) originals each of the above referenced contract between the Art Anderson Associates, Inc. and Whatcom County for the Ferry Terminal Electrical Repair and Painting CRP No. 916020. Requested Action Public Works respectfully requests that the County Council authorize the County Executive to enter into a contract with the selected engineering consultant for the Ferry Terminal Electrical Repair and Painting Project. Background and Purpose The existing transfer spans and towers at both the Lummi Island and Gooseberry Point terminals have aging paint and electrical infrastructure that has been repaired or replaced intermittently over the past several decades. The Lummi Island electrical system is in fairly good working order as it has been replaced recently; however the Gooseberry Point terminal electrical system is in poor shape and needs to be completely overhauled. In addition, the existing paint systems on the steel components of the towers and transfer spans are no longer providing sufficient protection against the elements. The steel components need to be sandblasted to bare steel and repaired (if needed) and repainted. Art Anderson Associates was determined by the selection committee as the most qualified after review of the two (2) firms that responded to the Request for Proposals (RFP No. 16-20). Funding Amount and Source The not -to -exceed amount for this design contract is $86,130.00 and will be funded 100% with local funds. This project is listed as Item No. 39 on the approved 2016 Annual Construction Program. Please contact Christina Schoenfelder at extension 6274 with any questions regarding this contract. WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET -9 0 / (- 0-2 003 Originating Department: Public Works Contract or Grant Administrator: James E. Lee, Engineering Manager Contractor's / Agency Name: Art Anderson Associates Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑ Yes ® No ❑ If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: Does contract require Council Approval? Yes ® No ❑ If No, include WCC: (see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes ❑ No ® If yes, grantor agency contract number(s): CFDA#: Is this contract grant funded? Yes ❑ No ® If yes, Whatcom County grant contract number(s): Is this contract the result of a RFP or Bid process? Contract Yes ® No ❑ If yes, RFP and Bid number(s): 16-20 Cost Center: 916020 Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form. If YES, indicate exclusion(s) below: ® Professional services agreement for certified/licensed professional. ❑ Contract work is for less than $100,000. ❑ Contract for Commercial off the shelf items (COTS). ❑ Contract work is for less than 120 days. ❑ Work related subcontract less than $25,000. ❑ Interlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA. Contract Amount:(sum of original contract amount and any Contracts that require Council Approval (incl. agenda bill & memo) prior amendments): $ 86,130.00 • Professional Services Agreement above $20,000. This Amendment Amount: • Bid is more than $50,000. . Amendments that have either an increase greater than 10% or $ provide a $10,000 increase in amount (whichever is greater) Total Amended Amount: RENEWALS: Council approval is not required when exercising an $ dd 1(� 00 option to renew that is provided in the original contract. Summary of Scope: This Local Agency Standard Consultant Agreement between Whatcom County and Art Anderson Associates provides for the design and preparation of a construction bid package for the Ferry Terminal Electrical Repair and Painting Project. Term of Contract: Not to Exceed Expiration Date: 12/31/17 Contract Routing: 1. Prepared by: Christina Schoenfelder Date: 2. Attorney signoff: Daniel L. Gibsoni Date: 3. AS Finance reviewed: Brad Bennett Date: 4. IT reviewed (if IT related): Date: 5. Contractor signed: Date: 6. Submitted to Exec.: Date: 7. Council approved (if necessary): Date: 8. Executive signed: Date: 9. Original to Council: Date: 6/20/16 Last Edited 060414 m d 5 4 "� ", a � ,r 1910 A (0 7 00 3 Local �egotiated Agreement Number: Agency A&E Professional Services Hourly Rate Consultant Agreement Firm/Organization Legal Name (do not use dba's): Art Anderson and Associates Address Federal Aid Number 202 Pacific Avenue, Bremerton WA, 98337-1932 n/a UBI Number Federal TIN or SSN Number 600002584 91-00755897 Execution Date Completion Date December 31, 2017 1099 Form Required Federal Participation ❑ Yes 0 No ❑ Yes 0 No Project Title Ferry Terminal Electrical Repair and Painting CRP No. 916020) Description of Work The general scope of work for this project consists of design and preparation of PSE package for repairs and upgrades to existing electrical facilities, a new paint system for steel towers and transfer span, and any necessary structural steel repair or replacement at Gooseberry Point and Lummi Island Ferry Terminals. ❑ Yes +/❑ No DBE Participation Total Amount Authorized: $78,300.00 ❑ Yes 0 No MBE Participation Management Reserve Fund: $7,830.00 ❑ Yes Q No WBE Participation ❑ Yes 0 No SBE Participation Maximum Amount Payable: $86,130.00 Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub -consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Liability Insurance Increase Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: ,Whatcom County Form (Revised from WSDOT Local Agency A&E Professional Page 1 of 14 Services Negotiated Hourly Rate Consultant Agreement) 84 THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the Whatcom County hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: 1. General Description of Work The work under this AGREEMENT shall consist of the above -described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. 11. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: Whatcom County Form (Revised from WSDOT Local Agency A&E Professional Page 2 of 14 Services Negotiated Hourly Rate Consultant Agreement) 85 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE firms invoiced for this AGREEMENT. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C — Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: Name: Christina Schoenfelder Agency: Whatcom County Address: 322 N. Commercial St, Suite 301 City: Bellingham State: WA Zip: 98225 Email: eschoenf@co.whatcom.wa.us Phone: 360-778-6274 Facsimile: IV. Time for Beginning and Completion If to CONSULTANT: Name: Patrick Vasicek Agency: Art Anderson Associates Address: 202 Pacific Avenue City: Bremerton State: WA Zip: 98337 Email: pvasicek@artanderson.com Phone: 360-479-5600 Facsimile: The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this AGREEMENT titled "Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: Whatcom County Form (Revised from WSDOT Local Agency A&E Professional Page 3 of 94 Services Negotiated Hourly Rate Consultant Agreement) V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fixed Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits "D" and "E" attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's direct labor rates and indirect cost rate computations and agreed upon fixed fee. The accepted negotiated rates shall be memorialized in a final written acknowledgement between the parties. Such final written acknowledgement shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgement, to 180 days following the CONSULTANT's fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits "D" and "E" shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT's FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits "D" and "E", will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12) month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgement between the parties. Such final written acknowledgement shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT's books and records to determine the CONSULTANT's actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will be applicable for the twelve (12) month period. The fixed fee as identified in Exhibits "D" and "E" shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rates under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY's option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional .indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case -by -case basis, and if granted, will be memorialized in a final written acknowledgement. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fixed fee (profit) percentage. The CONSULTANT shall bill each employee's actual classification, and actual salary plus indirect cost rate plus fixed fee. Agreement Number: Whatcom County Form (Revised from WSDOT Local Agency A&E Professional Page 4 of 14 Services Negotiated Hourly Rate Consultant Agreement) 87 B. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub -consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and all revisions thereto. Air, train and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. C. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. D. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. The monthly billings shall be supported by detailed statements for hours expended at the rates established in Exhibit "D," including names and classifications of all employees, and billings for all direct non - salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT's employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview. E. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the SERVICES under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. Per WSDOT's "Audit Guide for Consultants," Chapter 23 "Resolution Procedures," the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin the appeal process to the AGENCY for audit findings. F. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and /or at the request of the AGENCY's Project Manager. Agreement Number: Whatcom County Form (Revised from WSDOT Local Agency A&E Professional Page 5 of 14 Services Probated Hourly Rate Consultant Agreement) VI. Sub -Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub -consultant, any contract or any other relationship. Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub - consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non -salary costs and fixed fee costs for the sub -consultant shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. Agreement Number: Whatcom County Form (Revised from WSDOT Local Agency A&E Professional Page 6 of 14 Services Negotiated Hourly Rate Consultant Agreement) 89 VI11. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. Chapter 21 Subchapter V § 2000d through 2000d-4a) • Federal -aid Highway Act of 1973 (23 U.S.C. Chapter 3 § 324) • Rehabilitation Act of 1973 (29 U.S.C. Chapter 16 Subchapter V § 794) • Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) • Civil Rights Restoration Act of 1987 (Public Law 100-259) • American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 et. seq.) • 23 CFR Part 200 • 49 CFR Part 21 • 49 CFR Part 26 • RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F" attached hereto and by this reference made part of this .AGREEMENT, and shall include the attached Exhibit "F" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. Agreement Number: Whatcom County Form (Revised from WSDOT Local Agency A&E Professional Page 7 of 14 Service�gotiated Hourly Rate Consultant Agreement) The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. XII. Legal Relations The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT Agreement Number: Whatcom County Form (Revised from WSDOT Local Agency A&E Professional Page 8 of 14 Services Negotiated Hourly Rate Consultant Agreement) 91 to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and /or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub -consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub -consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY's, their agents', officers' and employees' failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated. by the Parties. Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Agreement Number: Whatcom County Form (Revised from WSDOT Local Agency A&E Professional Page 9 of 14 Service blygotiated Hourly Rate Consultant Agreement) Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub - consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT's and the sub -consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Christina Schoenfelder Agency: Whatcom County Address: 322 N. Commercial St Suite 301 City: Bellingham State: WA Zip: 98225 Email: cschoenf@co.whatcom.wa.us Phone: 360-778-6274 Facsimile: No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. Agreement Number: Whatcom County Form (Revised from WSDOT Local Agency A&E Professional Page 10 of 14 Services Negotiated Hourly Rate Consultant Agreement) 93 XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit "G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General Requirements" prior to its performance of any SERVICES under this AGREEMENT. XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. Agreement Number: Whatcom County Form (Revised from WSDOT Local Agency A&E Professional Page 11 of 14 Services43gotiated Hourly Rate Consultant Agreement) XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub -consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. Agreement Number: Whatcom County Form (Revised from WSDOT Local Agency A&E Professional Page 12 of 14 Services Negotiated Hourly Rate Consultant Agreement) 95 The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the .AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub -consultant of any AGENCY communication regarding disclosure that may include a sub -consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub -consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub -consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub -consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub -consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, "documents" means every writing or record of every type and description, including electronically stored information ("ESI"), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTs, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. Agreement Number: Whatcom County Form (Revised from WSDOT Local Agency A&E Professional Page 13 of 14 Services Negotiated Hourly Rate Consultant Agreement) For purposes of this AGREEMENT, "ESI" means any and all co►nputer data or electronic recorded media of any kind, including "Native Files", that are stored in any medium frorn which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub -consultant at home. "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified. The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub -consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. Signature ESeettachedVt/ it t-comCourttyure Page Signature I (� / 1 Date Date Any modification, change. or re fornultion ofthis AGREE, IVIENT shall require aphrova! as to form by the C>ffice of the Attorney General. Agreement Number: Whatcom County Form (Revised from WSDOT Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement) Page 14 of 14 M WHATCOM COUNTY: Recommended for Approval: Jon Hutchings Date Department Director Approved as to form: Daniel L. Gibson Date Chief Civil Deputy Prosecutor Approved: Accepted for Whatcom County: Jack Louws Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 20 , before me personally appeared Jack Louws, 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. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires I Scopeof •, Project No. The Agency has established a Management Reserve Fund (MRF) to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, 'Extra Work". Please see the attached Exhibit A for the remained of the Scope of Work Agreement Number: WSDOT Form 140-089 EF Exhibit A Page 1 of 1 Revised 1013012014 • • Exhibit A Scope of Work DESCRIPTION The Whatcom County Ferry serves Lummi Island residents, visitors, and businesses, and transports approximately 120,000 vehicles and 200,000 passengers annually. The Whatcom Chief is a car ferry with a capacity of about 20 vehicles. The Chief is the only vessel that uses the terminals except during annual dry dock when it is replaced by a foot passenger ferry for 3 weeks in the fall. The existing transfer spans and towers at both the Lummi Island and Gooseberry Point terminals were built in in the mid-1980s. Both have aging electrical infrastructure that has been repaired or replaced intermittently over the past several decades. The Lummi Island Terminal electrical system is in fairly good working order as it has been replaced recently; however there are numerous unused conduit and remnant wires that need to be identified and removed, as well as minor improvements that the ferry crew would like to implement. The Gooseberry Point Terminal electrical system is in poor shape and needs to be completely overhauled. There are currently two different steel paint systems in place on the terminals; a 3-part system on the towers and a coal tar system underneath the transfer span deck. Both systems are no longer providing sufficient protection against the elements. The steel will need to be sandblasted to bare metal and repainted. There is also a need to identify and repair steel members that have rusted beyond their structural requirements. While these are two separate repair types, the construction will be integrated such that both repairs will be bid under one planset. Protect Timeline Design Notice to Proceed is anticipated in late July 2016. 35% design is anticipated by September 2016. 95% design is anticipated in early November 2016 Final Design is anticipated by December 2016. WORK ITEMS TASK 1: PROJECT MANAGEMENT The Consultant shall coordinate regularly with the County to discuss project issues, schedule progress, review comment resolution, and general coordination of effort. The Consultant shall prepare an estimated design schedule at the outset of the design phase and will update periodically as the project progresses. The Consultant shall prepare an estimated construction schedule in Microsoft Project. The schedule will be prepared and submitted with the 35% submittal and will be updated and resubmitted with the 95% and final submittal. The Consultant shall prepare, and submit with invoices, monthly progress reports that describe the tasks or percentage of tasks that were accomplished during a given month, as well a forecast of work to be completed over the following month. 100 Task 1 Deliverables: ® Monthly Progress Reports and Invoicing ® Design Schedule ® Construction Schedule ® Meeting Notes and Minutes TASK 2: ONSITE INVESTIGATION AND REPORT The Consultant shall conduct an onsite investigation and desktop review of plans and inspection reports for the electrical and paint system at both Terminals and will address the following items at a minimum: 1) Investigate relay failure at Lummi Island 2) Remove and spot-check tower bolts 3) Inspect corrosion levels of structural steel and identify need (if any) for repair or replacement 4) Quantify the Amount of steel that has to be blasted to bare metal. 5) Quantify the amount of pack rust removal and the amount of caulking that needs to be performed. 6) Report findings and any recommendations beyond what is currently scoped. This memo may also include options for different strategies described in Task 3 and 4. Assumptions: Whatcom County will conduct all permitting and construction management activities. The existing infrastructure has been heavily modified from original plans. An onsite investigation is required to verify existing conditions. Whatcom County will provide the following: ® Original Tower and Transfer Span Plans ® 2001 Painting Plan 0 2014 Lummi Island Remote Control and Electrical Repair Plans (no as-builts) ® 2014 Terminal Corrosion Assessment ® 2007 Load Rating ® Previous Inspection Reports Deliverables Onsite investigation memo and recommendations TASK 3: ELECTRICAL DESIGN The Consultant shall provide the design and technical documents to repair and replace the existing electrical system as described below. The Consultant will coordinate with the County during the development of different electrical/communication strategies to select the preferred approach. 1. Specific Items at both terminals a. Improve communications between vessel crew and pedestrian passengers— identify appropriate equipment and/or facility modifications b. Design an indicator to notify vessel crew that the emergency generator is running 2. Specific Items at Gooseberry Point 101 a. Remove and replace electrical distribution system. b. Determine solution for traffic control gate remote control issue (consult with Dalton Electric about past repair attempts) c. Relocate an electrical junction that is under the bridge that is periodically inundated at high tide d. Voltage drop calculation for dock operation 3. Specific Items at Lummi Island a. Address leaking operator control box. b. Provide solution for repairing relay failure 4. Prepare Plans, Specifications, and Cost Estimate (PS&E) including a Construction Sequencing Plan as described in below Plans The Consultant shall prepare plan sheets in accordance with the most current County, State and Federal standards as well as the WSDOT Terminal Design Manual (M3082). The Consultant shall incorporate plan sheets into the overall plan set and will coordinate and assemble plan sheets for each discipline for the project submittals. 35% Plans: Plans shall be submitted electronically in .pdf form and include, at a minimum the following: ® Standard Legend and Symbols ® Construction Sequencing Plan (potentially on the same sheet as Structural/Painting Sequencing Plan) ® 35% Drawings (formatted to 11X17 PDF) ® Draft Specifications (WSDOT Standard Specs) and Draft Construction Cost Estimates 95% Plans: After the County reviews the 35% plans, the Consultant shall incorporate County comments and submit electronically (.pdf) at a minimum the following: ® Modifications and/or revisions from the 35% preview 100%/Ad Ready Plans: After the County reviews the 95% plans, the Consultant shall incorporate County comments, and at a minimum, submit the following: • All CAD, excel and other design software files ® Two (2) 11x17 and 22x34 sets that are signed and stamped ® Modifications and/or revisions from the 95% review ® Final Specifications (WSDOT Standard Specs) and Final Construction Cost Estimates Estimates The Consultant will determine quantities and prepare a preliminary cost estimate at the 35% (budgeting -level cost estimate), 95%, and Final design levels to be submitted to the County in Excel (.xlsx) format for review with the respective plans submittal. Specifications The Consultant shall prepare project specifications 'to supplement the 2016 Washington State Department of Transportation (WSDOT) Standard Specifications for Road, Bridge, and Municipal 102 Construction. The Consultant shall prepare the list of bid items to be incorporated into the Bidder Response Form. The County will be responsible for compiling the Consultant's technical specifications into the final Bid Package. The County will provide the following sections for inclusion into the 95% submittal package: ® Contract Forms ® Bid Procedures and Conditions ® Division 1 — General Requirements, including applicable special provisions with input provided by the Consultant The Consultant shall prepare specifications at the 35%, 95%, and Final design levels and submit in Word (.docx) format with the respective plans submittal. TASK 4: STRUCTURAL STEEL REPAIR AND PAINT SYSTEM DESIGN The Consultant shall design the paint system, any needed structural steel repair or replacement identified during the onsite investigation, and other improvements for both ferry terminal towers and transfer spans as described below. The Consultant will use the County provided 2007 load rating of the structures to determine what weight of paint scaffolding can be placed on the transfer span and towers. 1. Specific Items at Both Terminals a. Design paint system and any necessary structural steel repair or replacement b. Remove abandoned and relocate hydraulic lines under bridges as necessary (for better protection from debris and reduced corrosion) c. Inspect welds between steel plate and wide flange beams after blasting — repair welds and/or plate as necessary d. Develop demolition plan, unistrut removal plan and conduit relocation plan e. Determine strategy for dealing with corrosion at touch points of counterweight system f. Design fall protection rails to be added at both towers for use during inspection of counterweights g. Incorporate UHMW rub strips under apron replacement into bid package 2. Specific items at Gooseberry Point a. Add screen or other feature to prevent climbing/diving over electrical conduit 3. Specific items at Lummi Island a. Provide recommendation for straightening of bent live load hanger bar (to be done by M&O — not in bid package) b. Design water line hangers for potable water to the ferry (Contractor to install brackets prior to painting, M&O to install waterline) 4. Prepare Plans, Specifications, and Cost Estimate (PS&E) including a Construction Sequencing Plan as described in below 103 Plans The Consultant shall prepare plan sheets in accordance with the most current County, State and Federal standards as well as the WSDOT Terminal Design Manual (M3082). The Consultant shall incorporate plan sheets into the overall plan set and will coordinate and assemble plan sheets for each discipline for the project submittals. 35% Plans: Plans shall be submitted electronically in .pdf form and include, at a minimum the following: • Standard Legend and Symbols • Construction Sequencing Plan (potentially on the same sheet as Structural/Painting Sequencing Plan) • 35% Drawings (formatted to 11X17 PDF) • Draft Specifications (WSDOT Standard Specs) and Draft Construction Cost Estimates 95% Plans: After the County reviews the 35% plans, the Consultant shall incorporate County comments and submit electronically (.pdf) at a minimum the following: • Modifications and/or revisions from the 35% preview 100%/Ad Ready Plans: After the County reviews the 95% plans, the Consultant shall incorporate County comments, and at a minimum, submit the following: • All CAD, excel and other design software files • Two (2) 11x17 and 22x34 sets that are signed and stamped • Modifications and/or revisions from the 95% review • Final Specifications (WSDOT Standard Specs) and Final Construction Cost Estimates Estimates The Consultant will determine quantities and prepare a preliminary cost estimate at the 35% (budgeting -level cost estimate), 95%, and Final design levels to be submitted to the County in Excel (.xlsx) format for review with the respective plans submittal. Specifications The Consultant shall prepare project specifications to supplement the 2016 Washington State Department of Transportation (WSDOT) Standard Specifications for Road, Bridge, and Municipal Construction. The Consultant shall prepare the list of bid items to be incorporated into the Bidder Response Form. The County will be responsible for compiling the Consultant's technical specifications into the final Bid Package. The County will provide the following sections for inclusion into the 95% submittal package: • Contract Forms • Bid Procedures and Conditions • Division 1 — General Requirements, including applicable special provisions with input provided by the Consultant 104 The Consultant shall prepare specifications at the 35%, 95%, and Final design levels and submit in Word (.docx) format with the respective plans submittal. TASK 5: BID AND CONSTRUCTION SUPPORT— TO BE NEGOTIATED AND SUPPLEMENTED AFTER COMPLETION OF DESIGN At the County's discretion, the contract may be supplemented to provide bid and construction support consisting of the following: 1. Provide bidding support, attendance at pre -bid meeting, and responses to pre -proposal inquiries 2. Provide construction support including coordination with the County's material testing service provider, shop drawing/material reviews for acceptance, and responding to RFI's — assumes that daily inspection will be covered by County. The Consultant's inspection will be limited to that required for critical attributes and final inspection. 3. Provide specialty construction inspection; (Whatcom County to provide Paint inspection in- house. Whatcom County will hire out for welding inspection if needed. Determine L&I requirements for electrical inspection.) Assumptions: At least a portion of the project will occur during the County's regularly scheduled 3-week dry dock period in the fall. The docks will be pinned for a minimum of 2 weeks during this time to allow for painting underneath the transfer span. TASK 6: AS-BUILTS AND MAINTENANCE & OPERATIONS MANUAL — TO BE NEGOTIATED AND SUPPLEMENTED AFTER COMPLETION OF DESIGN At the County's discretion, the contract may be supplemented to provide as -built drawings and O&M manuals as described below: 1. Prepare post -construction as -built drawings for the electrical and painting construction project as well as existing electrical facilities at both terminals. As-builts will require the stamp of a professional engineer (PE) licensed in the state of Washington. 2. Prepare Operations and Maintenance Manuals for electrical system at both terminals (whether or not it was repaired). 105 n/a DBE Participation Agreement Number: WSDOT Form 140-089 EF Exhibit B Page 1 of 1 12 66?d 1013012014 Exhibit C In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: See Exhibit A Scope of Work I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data B. Roadway Design Files C. Computer Aided Drafting Files Agreement Number: WSDOT Form 140-089 EF Exhibit C Page 1 of 4 Revised 1013012014 107 D. Specify the Agency's Right to Review Product with the Consultant E. Specify the Electronic Deliverables to Be Provided to the Agency F. Specify What Agency Furnished Services and Information Is to Be Provided Agreement Number: WSDOT Form 140-089 EF Exhibit C Page 2 of 4 Rfdgd 1013012014 II. Any Other Electronic Files to Be Provided III. Methods to Electronically Exchange Data WSDOT Form 140-089 EF Exhibit C Page 3 of 4 Revised 1013012014 109 A. Agency Software Suite B. Electronic Messaging System C. File Transfers Format WSDOT Form 140-089 EF Exhibit C Page 4 of 4 jefood 1013012014 Exhibit FEE SUMMARY Task Fee Prime Consultant Cost Computations 1. Project Management $7,215.00 2. On -Site Investigation and Report $26,701.00 3. Electrical Design and PSE $24,505.00 4. Structural Repair Paint Design and PSE $19,879.00 Total $78,300.00 Agreement Number: WSDOT Form 140-089 EF Exhibit D Revised 1013012014 Page 1 of 1 111 0 0- N M O N 0) C 0 N 07 ca 0. O O O O O O O O O O O O O O O O O y m O O O O O O O O O O O O O O O O O -_ O O O t2! 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C o n m c� ur U 0 Q o 0 w p 'C C N C N `O N C 'y C C O C N O> N C O C N C O o Q N O O ° O n3 O C ... 0 > ° a) N a) }, O (6 O C .-� 4- N c0 O. N .-. 4--. 9 n1 Q ..-� w C C N C o. Q m Y> X o c W Y> n o c > xx o c > x o c m m m> x° c m m n c o Q w J W U o :a J W U o 1 J W U� o .� W U o c J W U J o a, o x o F- CO Ly F ro !- U F- Of F- W F J W U d cn ca 117 ti -0 = 'm c R IL m > C! N 00 to 2 c2 co 0 0 0 N N N LO LO LO N N N LO LO LO N N N N N N N N N N N U Q n n c c 0 0 c c v v N N N c C C v v v (D m c c c v v v m dl m M c m m m h 06 m N ¢o C T N E C m > u: E O N C C mCO C a) @ Q a. c c10 0 o o( o C (D o C 4)CL w o "� m c�a Y J _ t6 '`60Ja Y W m N Q W U H U m H~ a05 o F O �- m c ii 0 a) 0) a 118 Rate Category Billing Table List Art Anderson Table Employee Employee Name Rate Sequence 9006 Whatcom County 2016 Available for Project Planning and Opportunity Estimates Organization: Principal: Project Manager: Supervisor: Code: Category 9 Project Manager 158.9400 2 001407 Vasicek, Patrick Category 4 Senior Eng/Arch 138.0000 3 001033 Hoynes, Sean 001040 Levey, James 001057 Schager, Vernon 001060 Snyder, Eric 001501 Klein, Dennis Category 5 Engineer/Architect 90.0000 4 001492 Derenburger, Marc 001494 Handy, Tim 001504 Albright, Spencer 001506 Thorsen, Andrew Category 8 Senior Designer 82.6000 5 001432 Tasso, Michael 001499 Lowe, Jeremy Category 6 Designer 73.7900 6 001419 Walker, Jeffrey 001489 Thomas, Larry Category 1 Cad Drafter 59.0300 7 001475 Manansala, Rosefina Category 7 Administrative Support 53.1300 8 001427 Hoynes, Raschell v7.4.709 (PVASICEK) - Monday, June 20, 2016 1:55:29 PM Page 1 of 1 119 ART ANDERSON ASSOCIATES VALUE 13EYOND ENGINEERING'o 202 PACIFIC AVENUE, BREMERTON, WA 98337 1 (360) 479-5600 1 WWW.ARTANDERSON.COM CLASSIFICATION DIRECT LABOR RATE NTE OVERHEAD RATE 169.91% NTE FIXED FEE 25.25% NTE ALL INCLUSIVE HOURLY BILLING RATE NTE PROJECT MANAGER $53.85 $91.50 $13.60 $158.94 SENIOR ENGR/NAV ARCH $56.00 $95.15 $14.14 $165.29 ENGINEER/NAVAL ARCH $38.00 $64.57 $9.60 $112.16 SENIOR DESIGNER $28.00 $47.57 $7.07 $82.64 DESIGNER $25.00 $42.48 $6.31 $73.79 CAD $20.00 $33.98 $5.05 $59.03 ADMINISTRATION $18.00 $30.58 $4.55 $53.13 120 Exhibit E Sub-consultanta, i • There isn't any sub -consultant participation at this time. The CONSULTANT shall not sub -contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI "Sub -Contracting" of this AGREEMENT. N/A Agreement Number: WSDOT Form 140-089 EF Exhibit E Revised 1013012014 Page 1 of 1 121 Exhibit E Title V1 Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub -consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub -consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY, the STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information .required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub -consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number: WSDOT Form 140-089 EF Exhibit F Page 1 of 1 W'Td 1013012014 W Exhibit %- l (a) Exhibit G-1(b) Exhibit G-2 Exhibit G-3 Exhibit G-4 Certification of Consultant Certification of Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Certificate of Current Cost or Pricing Data Agreement Number: WSDOT Form 140-089 EF Exhibit G Revised 1013012014 Page 1 of 1 123 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of Art Anderson Associates, Inc. whose address is 202 Pacific Avenue, Bremerton, WA 98337-1932 and that neither the above firm nor I have: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any finn or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the Whatcom County and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Art Anderson Associates, Inc. Consultant (Firm Name) Signature (Authorized Official of Consultant) ,64 Date Agreement Number: WSDOT Form 140-089 EF Exhibit G ReK rd 1013012014 Page 1 of 1 Exhibit G-I(b) Certification of n/a I hereby certify that I am the: El ❑ Other of the , and or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Revised 1013012014 Page 1 of 1 125 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D. Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Art Anderson Associates, Inc. Consultant (Firm Name) Signature (Authorized Official of Consultant) lu J yr Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 126ed 1013012014 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the malting of any Federal grant, the malting of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for malting or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub -contracts, which exceed $100,000, and that all such sub -recipients shall certify and disclose accordingly. Art Anderson Associates, Inc. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 1013012014 127 Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of Ferry Electrical and Painting Repair * are accurate, complete, and current as of 6/2016 *• This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: Art Anderson Associates, Inc. Signature Date of Execution***: Title *Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.) **Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 i r2gd 1013012014 i • To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations and Insurance of this Agreement is amended to $ 1,000,000 The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $1,000,000 Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance. • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. Agreement Number: WSDOT Form 140-089 EF Exhibit H Revised 1013012014 Page 1 of 1 129 Exhibit l The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step I Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub -consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: WSDOT Form 140-089 EF Exhibit 1 Page 1 of 2 RITd 1013012014 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: WSDOT Form 140-089 EF Exhibit I Page 2 of 2 Revised 1013012014 131 T The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Agreement Number: WSDOT Form 140-089 EF Exhibit J Page 1 of 2 R1y{32d 10/30/2014 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: WSDOT Form 140-089 EF Exhibit J Revised 1013012014 Page 2 of 2 133 Clir ntif- 7Q77R ANDEASSO ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 1 6/15/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Propel Insurance Tacoma Commercial Insurance P.O. BOX 2940 Tacoma, WA 98401 CONTACT NAME: _ PHONE g00 499-0933 FAX, C 866.577.1326 A/CNo E-MAIL ADDRESS:— INSURER(S) AFFORDING COVERAGE i NAIC # INSURER A: Scottsdale Indemnity Company 15580 INSURED Art Anderson Associates Inc INSURER B : National Union Fire Ins Co of P j 19445 INSURER C : Admiral Insurance Company 24856 202 Pacific Ave INSURER D : Alaska National Insurance Compa 138733 Bremerton, WA 98337 INSURER E_Allmerica Financial Benefit Ins 141840 INSURER F : COVFRAr,FR CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL'SUBR INSR. �WVD POLICY NUMBER POLICY EFF MMIDD/VYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY 1 CLAIMS -MADE OCCUR X BI/PD Ded:7,500 Y Y BCS0033284 8/01/2015 08/01/2016 EACH OCCURRENCE $1,000,000 PREMISESa occurrrence $100,000 _ MED EXP (Any one person) $ PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PEC LOC PRODUCTS - COMP/OP AGG $2,000,000 $ E AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED X HIRED AUTOS X AUTOS _ Y Y i AW2A10723902 9/13/2015 08/01/201 CM Ea aBcideDtSINGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ B UMBRELLA LIAB ; i OCCUR EXCESS LIAB X I CLAIMS -MADE Y 'i Y BE04175727/ _ 8/01/2015 08/0112016 EACH OCCURRENCE s5,000,000 X AGGREGATE s5,000,000 DED I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY E ANY PROPRIETOR/PARTNER/EXECUTIV OFFICER/MEMBER EXCLUDED? j (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 1 BCS0033284 WA Stop Gap _ 8/01/2015 _ _.______- 08/01/201 __ WC STATU- OTH- T RY LIMITS F E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEEI $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C D Professional USL&H _ Y Y Y Y I _ E000001873005 15GWU09082 12/26/2015 7/30/2015 12126/2016 0713012016 $2,000,000; $10,000 Ded $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Ferry Terminal Electrical Repair and Painting CRP No. 916009 Whatcom County is additional insured per attached endorsement. Coverage is primary and non-contributory. Waiver of subrogation applies. anu�_�raa•��•ia;� Whatcom County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE tY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Christina Schoenfelder ACCORDANCE WITH THE POLICY PROVISIONS. 322 N Commercial St. Suite 301 Bellingham, WA 98225 AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S22477211M1998759 MJG00 134 This page has been left blank intentionally. 135 BCS0033284 COMMERCIAL GENERAL LIABILITY CG 20 34 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 34 04 13 A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. B. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 Page 1 of 1 136 This page has been left blank intentionally. 137 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PrOT .. 91k F r ' , This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Blanket as required by Written contract. Blanket as required by written contract. It is agreed that such insurance as is afforded by this policy for the benefit of the additional insured shown shall be primary insurance, and any other insurance maintained y the additional insure s shall a excess and noncontributory as respects any claim, loss or liability allegedly arising out of the operations of the named insured, provided however that this insurance will not apply to any claim loss or liability which is de- termined o be solely the result or the additional m- sured's negligence or solely the additional insured's responsibility. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 Page 1 of 1 138 This page has been left blank intentionally. 139 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 140 This page has been left blank intentionally. 141 BCS0033284 COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURE® - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section .11 — Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CG 20 33 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 142 BCS0033284 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Page 2 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 CG 20 33 04 13 143 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Nance Of Person Or Organization: Any person or organization with whom you have agreed in writing in a contract or agreement to waive any right of recovery against such person or organization, but only if the contract or agreement: 1. Is in effect or becomes effective during the term of this policy; and 2. Was executed prior to lose Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ 144 This page has been left blank intentionally. 145 Policy Number: E0000018730-05 Claims - Made and Reported EO 12 70 10 14 Effective Date: 12/26/2015 THIS IS A CLAIMS - MADE AND REPORTED POLICY. PLEASE READ THIS POLICY CAREFULLY. OUR LIMIT OF LIABILITY WILL BE REDUCED BY THE AMOUNTS PAID FOR DAMAGES AND CLAIM EXPENSES UNDER ALL THE BELOW STATED INSURING AGREEMENTS. This policy shall not be binding upon the Company unless completed by an Application(s) which is/are made a part of this policy and a Declarations Page, countersigned on the aforesaid Declarations Page by a duly authorized representative of the Company. Throughout this policy the words you and your refer to the Named Insured as defined in Section II. K. The words we, us and our refer to Admiral Insurance Company (Company). Words which are in bold writing throughout this document are defined terms within the Definitions section of this policy. In consideration of the premium paid, in reliance upon the statements in the Application(s) which are made a part of this policy and subject to the terms and conditions of this policy, the Company agrees with the Named Insured as follows: I. INSURING AGREEMENTS A. Architects and Engineers Professional Liability We will pay on behalf of the Insured those amounts, subject to the Limits of Liability and deductible stated in the Declarations, that the Insured is legally obligated to pay as damages resulting from a claim first made against the Insured during the policy period and reported to us in writing during the policy period, or any applicable extended reporting period as described in Section VIII. EXTENDED REPORTING PERIOD provided that: 1. The claim results from a professional incident or a pollution incident that takes place in the Policy Territory; and 2. the claim results from a professional incident or pollution incident that takes place subsequent to the retroac- tive date and prior to the expiration or termination date of this policy; and 3. prior to the inception date of this policy stated in the Declarations, no Insured knew or could have reasonably foreseen or expected that the professional incident or pollution incident or circumstance might give rise to a claim. B. Architects and Engineers Network Security and Privacy Wrongful Act Liability We will pay on behalf of the Insured those amounts, subject to the Sub -Limit of Liability and deductible stated in the Declarations, that the Insured is legally obligated to pay as damages resulting from a claim first made against the Insured during the policy period and reported to us in writing during the policy period, or any applicable ex- tended reporting period as described in Section VIII. EXTENDED REPORTING PERIOD, provided that: 1. the claim results from a Network Security and Privacy Wrongful Act that takes place in the Policy Territory; and 2. the claim results from a Network Security and Privacy Wrongful Act that takes place subsequent to the ret- roactive date and prior to the expiration or termination date of this policy; and 3. prior to the inception date of this policy stated in the Declarations, no Insured knew or could have reasonably foreseen or expected that the Network Security and Privacy Wrongful Act or circumstance might give rise to a claim. EO 12 70 10 14 Page 1 of 17 O M, R C. Media Wrongful Act Liability We will pay on behalf of the Insured those amounts, subject to the Limits of Liability and deductible stated in the Declarations, that the Insured is legally obligated to pay as damages resulting from a claim first made against the Insured during the policy period and reported to us in writing during the policy period or any applicable extended reporting period, as described in Section VIII. EXTENDED REPORTING PERIOD provided that: the claim results from a Media Wrongful Act that takes place in the Policy Territory; and 2. the claim results from a Media Wrongful Act that takes place subsequent to the retroactive date and prior to the expiration or termination date of this policy; and 3. prior to the inception date of this policy stated in the Declarations, no Insured knew or could have reasonably foreseen or expected that the Media Wrongful Act or circumstance might give rise to a claim. D. Privacy Breach Expenses Coverage: We will pay to the Insured Privacy Breach :Expenses that it incurs, directly resulting from a Privacy Breach Event, subject to the Sub -Limit of Liability and deductible stated in the Declarations, provided that: I. the Privacy Breach Event takes place within the Policy Territory; and 2. the Privacy Breach Event first occurs on or after the retroactive date and prior to the expiration or termination date of this Policy; and 3, the Privacy/ Breach Event is first discovered by the Insured during the Policy Period; and 41 the Privacy Breach Event is reported to as in writing as soon as practicable but in no event longer than the minirnum time period required by any applicable privacy Law_ Our duty to pay such privacy breach expenses ends when we have used up the applicable Sub -Limits of Liability in the payment of privacy breach expenses. We have no obligation or duty to respond to or pay for any privacy breach expenses directly relating to, in connection with or arising from a privacy breach event for which coverage is excluded or otherwise not afforded by this policy. E. We have the right and duty to defend any claim brought against the Insured seeking damages caused by a profes- sional incident, pollution incident, network security and privacy wrongful act or media wrongful act to which this insurance applies, including the right to appoint counsel to defend the Insured. We will defend even if any of the allegations of the claim are groundless, false or fraudulent. We may make such investigation of any claim as we deem expedient. Our right and duty to defend ends when we have used up the applicable Limits of Liability in the payment of damages and/or claim expenses, or have tendered the applicable Limits of Liability to a court of compe- tent jurisdiction. We have no obligation or duty to defend any claim for which coverage is excluded or not afforded by this policy and we are not obligated to pay any claim expenses incurred by the Insured in the defense of any claim not covered by this policy. F. We will have the right to settle a claim under this policy subject to the consent of the Named Insured, which con- sent shall not be unreasonably withheld. If the Named Insured refuses to consent to a settlement within the policy's applicable Limits of Liability that is recommended by us in writing and acceptable to the claimant(s), then the Limits of Liability under this policy will be reduced to the sum of the amomlt of damages for which the claim could have been settled, plus all claim expenses incurred up to the time we made our recommendation. Additionally, we shall pay fifty percent (50%) of all claim expenses and damages incurred after the Named Insured's refusal to consent, subject at all times to the applicable Limits of Liability as specified in Section IX. LIMITS OF LIABILITY AND DEDUCTIBLE. In the event that the Named Insured does not consent to our settlement recommendation, we shall retain the right and duty to defend any claim brought against the Insured seeking damages caused by a professional incident, pollution incident, network security and privacy wrongful act or media wrongful act to which this in- surance applies, including the right to appoint counsel. II. DEFINITIONS A. Advertising Activities means a notice that is broadcast or published to the general public or specific market seg- ments about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of this definition: EO 12 70 10 14 Page 2 of 17 ❑ 147 1. Notice includes material placed on the Internet or on similar electronic means of communication; and 2. Only that part of a web -site that promotes your goods, products or services for the purpose of attracting custom- ers or supporters shall be considered Advertising Activities. B. Advertising Injury means injury arising out of one or more of the following offenses committed in the course of the Named Insured's Advertising Activities: 1. Libel, slander or defamation; 2. Disparaging a person's or organization's goods, products or services; 3. Misappropriation of advertising ideas or style of doing business; 4. Piracy or unfair competition; 5. Use of another's advertising ideas; or 6. Infringing upon another's copyright, title, slogan, trademark, trade name, trade dress or service mark. C. Automobile means a land motor vehicle, trailer or semi -trailer designed for travel on public roads (including any machinery or apparatus attached thereto). Automobile also includes vehicles commonly described as mobile equip- ment, whether or not self-propelled, subject to vehicle registration or designed for use principally off public roads. D. Bodily Injury means physical injury, sickness, disease, mental anguish, or emotional distress sustained by a person, including death resulting from any of these at any time. E. Claim means: 1. a written demand received for money or services, received by any Insured, resulting from a professional inci- dent, pollution incident, network security and privacy wrongful act or media wrongful act. 2. service of suit against an Insured. 3. a Regulatory Proceeding that results from a Network Security and Privacy Wrongful Act. With respect to such a Regulatory Proceeding, we will pay on behalf of the Insured those claim expenses, subject to the Limits of Liability and deductible stated in the Declarations, incurred in defending a Regulatory Proceeding. Claim includes Related Claims. Related Claims means two or more Claims arising out of: 1. professional incidents that are logically or causally connected; or 2. pollution incidents that are logically or causally connected; or 3. network security and privacy wrongful acts that are logically or causally connected; or 4. media wrongful acts that are logically or causally connected; or 5. professional incident(s), pollution incident(s), network security and privacy wrongful act(s) or media wrongful act(s) that are logically or causally connected. F. Claim Expenses means: For covered claims other than a regulatory proceeding, claim expenses means: 1. Fees, costs and expenses resulting from the investigation, adjustment, settlement and defense of a claim. 2. Reasonable and necessary expenses charged by a vendor designated or approved in writing by us to investigate the Tuna.flathor-ized access to or unauthorized use of the Named Insured's computer system or network from which. protected information has been accessed in order to determine the manner in which such information was accessed or !used. Such expenses do not include (a) salaries, wages, fees, remuneration, overhead, benefits or expenses of our or an Insured's employees or officials, or (b) costs or expenses incurred to prevent future unauthorized access to or unauthorized use of the Named Insured's computer system or network. 3. Allowable expenses of $250 per day but no more than $5,000 in total for the compensation of all Insureds for personally attending any legal proceeding at our request. These allowable expenses shall not be included in the applicable Limits of Liability or to the deductible. 4. Premiums for appeal, attachment or similar bonds, but only for bond amounts within the applicable Limits of Li- ability. We do not have to furnish these bonds. EO 12 70 10 14 Page 3 of 17 ❑ i a"j7 5. Prejudgment interest awarded against the Insured on that part of any covered judgment we pay. If we recom- mend a settlement pursuant to Section I. INSURING AGREEMENTS F., Claim Expenses will not include any prejudgment interest for the period of time after such settlement recommendation. 6. All interest on the Rill amount of any covered judgment that accrues after entry of the judgment and before we have paid, offered to pay, or have tendered or deposited to a court of competent jurisdiction the part of the judgment that is within the applicable and available Limits of Liability. The foregoing definition of Claim Expenses does not apply to regulatory proceedings. For a covered regulatory proceeding, claim expenses means: i. Reasonable and necessary legal fees, costs and expenses directly resulting from the investigation and/or defense of a covered regulatory proceeding; and 2. Reasonable and necessary expenses charged by a vendor designated or approved in writing by us to investigate the unauthorized access to or unauthorized use of the Named Insured's computer system or network from which protected information has been accessed in order to determine the manner in which such information was accessed or used. Such expenses do not include (a) salaries, wages, fees, remuneration, overhead, benefits or expenses of our or an Insured's employees or officials, or (b) costs or expenses incurred to prevent future unauthorized access to or unauthorized use of the Named Insured's computer system or network. Under no circumstances will Claim Expenses include: 1. salaries or expenses of our regular employees or officials; 2. fines, penalties, or taxes levied against an Insured; 3. fees, costs, or expenses incurred by any Insured without our prior written consent. Any such unilaterally in- curred fees, costs, or expenses will not be reimbursed by us nor reduce the deductible under the policy; 4, the costs incurred or to be incurred by or on behalf of an Insured in connection with the inspection, investiga- tion, withdrawal, alteration, recall, reprocessing, restoration, replacement, retraction, amendment, reprinting, re- production, remediation, correction, enhancement, upgrading or other modification of audio, visual, digital or informational material; 5. the costs of inspecting, investigating, correcting, performing, re -performing, modifying or improving an In- sured's professional services when an Insured had the opportunity to inspect, investigate, correct, perform, re - perform, modify or improve on the conduct or service that gave rise to the claim; or 6. the costs and expenses required to comply with any injunctive or other non -monetary equitable, declaratory, regulatory or administrative relief, including specific performance, or any agreement to provide such relief. G. Clean -Up Costs means costs, charges and expenses incurred in the investigation, removal or neutralization of a pol- lution incident, provided that such pollution incident arises out of the performance of professional services. H. Damages means a monetary and compensatory judgment, award or settlement. Damages also include punitive or exemplary damages to the extent such amounts are insurable under applicable law. Damages also include Clean - Up Costs. However, damages shall not include: 1. any damages, other than punitive or exemplary damages, which are a multiple of compensatory damages, taxes or fees; 2. amounts an Insured is required to pay or return as restitution; 3. fines, penalties, sanctions, taxes or fees, other than punitive or exemplary damages, assessed against an In- sured; 4. judgments or awards arising from acts deemed uninsurable by law; 5. fees or charges, including over -charges or cost overruns incurred by any Insured; 6. the cost of collecting fees of an Insured from a third party; 7. the return by an Insured of fees or other compensation paid to an Insured; 8. non -pecuniary relief, EO 12 70 10 14 Page 4 of 17 ❑ 149 9. past, present and future earned and unearned royalties, profits, fees, costs, expenses, commissions, and profits unlawfully or unjustly held or obtained, including the return, offset, disgorgement or restitution of such royalties, profits, fees, costs, expenses, commissions, and profits unlawfully or unjustly held or obtained; 10. the costs incurred or to be incurred by or on behalf of an Insured in connection with the inspection, investiga- tion, withdrawal, alteration, recall, reprocessing, restoration, replacement, retraction, amendment, reprinting, re- production, remediation, correction, enhancement, upgrading or other modification of audio, visual, digital or informational material; 11. the costs of inspecting, investigating, correcting, performing, re -performing, modifying or improving an In- sured's professional services, whether by an Insured or another person or entity, when an Insured had the op- portunity to inspect, investigate, correct, perform, re -perform, modify or improve on the conduct or service that gave rise to the claim; 12. discounts, prizes, awards, coupons or other incentives offered to an Insured's clients or customers. I. Disciplinary Proceeding means any proceeding by an administrative, regulatory or disciplinary official, board, or agency to investigate charges of professional misconduct in the performance of or failure to perform professional services. However, Disciplinary Proceeding shall not include a criminal proceeding. J. Insured means: 1. the Named Insured; 2. your current and former principals, partners, executive officers, directors, members, managers, stockholders, trustees, and current and former employees while acting on your behalf within the course and scope of their duties as such; 3. in the event of death or incapacity of any Insured, their legal representative in his or her capacity as such, for any claim against the Insured; 4. leased personnel under your supervision, but only while acting on your behalf within the course and scope of their lease agreement and only if the Named Insured has agreed in writing to provide insurance to leased per- sonnel; 5. a temporary worker under your supervision, who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short-term workload conditions; 6. any Subsidiary; 7. A retired partner, principal, officer, director, member or employee of the Named Insured, while acting within the scope of their duties as a consultant for the Named Insured. 8. Your lawful spouse or legally recognized domestic partner solely by reason of their legal status, or their owner- ship interest in property or assets that are sought as recovery. This shall not apply to the extent a claim alleges any professional incident, network security and privacy wrongful act or media wrongful act by such spouse or legally recognized domestic partner who does not otherwise qualify as an Insured. K. Intellectual Property means property that is created through the intellectual efforts of its creator which is claimed to be protected by law. L. Malicious Code means an unauthorized, unwanted or harmful program, code or script, including, but not limited to, viruses, Trojan horses, worms, time or logic bombs, spyware, malware, spiderware or other infections or contami- nants. M. Media means printed, audio, visual, digital or informational material and content of websites owned and operated by the Insured, but does not include published books or periodical publications or software code. N. Media activities mean the display, broadcast, dissemination, distribution or release of media by an Insured in the rendering of professional services. Media Activities also includes advertising activities. O. Mediation means the voluntary and nonbinding process by which the Insured and claimant(s) agree to use a neutral and qualified third party to intercede between the Insured and claimant(s) with the intention to reconcile the Insured and claimant(s) to resolve a claim. Court ordered or imposed mediation or other court ordered dispute resolution are specifically excluded from this definition. EO 12 70 10 14 Page 5 of 17 ❑ 150 P. Media Wrongful Act means any of the following acts committed by an Insured while performing media activities: 1. dilution or infringement of copyright, title, slogan, trademark, trade name, trade dress, service mark or service name; 2. advertising injury; 3. plagiarism or unauthorized use of literary or artistic titles, fonnats, characters, performances or other similar ma- terial. All media wrongful acts which are logically or causally connected will be deemed one media wrongful act that for purposes of determining coverage under this policy, will be deemed to have occurred at the time of the earliest logically or causally connected media wrongful act. Q. Named Insured means the entity or individual named in the Declarations. R. Network Security and Privacy Wrongful Act means: 1. the Insured's actual or alleged unintentional and unknowing failure to safeguard protected information, but only if such protected information was legally and permissibly in the Insured's possession in the course of the Insured's professional services at the time such Network Security and Privacy Wrongful Act occurred and such failure was directly related to or in connection with, or arose from the Insured's professional services and was in violation of a privacy law. 2. the Insured's unintentional and unknowing failure to prevent an unauthorized access or unauthorized use of the :lamed Insured's computer system or network that directly results in: a) the inability of an authorized third party user to access the Named Insured's computer system or network; b) the inability of an authorized third party user to access its own computer system or network; e) the failure or corruption of a third party's computer system or network; d) the transmittal or distribution of malicious code by the Insured to a third party's computer system or network; or e) the perpetuation of a denial of service attack on a third party's computer system or network. All Network Security and Privacy Wrongful Acts which are logically or causally connected will be deemed one Network Security and Privacy Wrongful Act that, for the purpose of determining coverage under this policy, shall be deemed to have occurred at the time of the earliest logically or causally connected Network Security and Priva- cy Wrongful Act. S. Newly Acquired Subsidiary means any entity newly formed or acquired by the Named Insured during the policy period in which the Named Insured has more than 50% of the legal or beneficial interest, but only if each of the fol- lowing conditions have been satisfied: 1. Within 90 days of such formation or acquisition, the Named Insured has provided the Company with full par- ticulars of such newly acquired subsidiary and the Company has agreed in writing to insure such newly ac- quired subsidiary, but the Company shall not be required to insure such newly acquired subsidiary; and 2. The Named Insured has paid the additional premium, if any, charged by the Company and has agreed to any amendment of the provisions of this policy. Coverage for any newly acquired subsidiary is limited to claims arising out of a professional incident, pollution incident, network security and privacy wrongful act or media wrongful act that is committed on or after the date such newly acquired subsidiary became a newly acquired subsidiary and prior to the date such newly acquired subsidiary ceased to be a newly acquired subsidiary. An entity ceases to be a newly acquired subsidiary under this policy on the date during the policy period that the Named Insured's legal or beneficial interest in such entity becomes less than 50%. T. Other Insurance includes, but is not limited to, coverage or benefits available to an Insured pursuant to any insur- ance policy, self-insurance arrangements, pools, self-insurance trusts, captive insurance companies, inter -insurance exchanges, mutual insurance companies, stock insurance companies, risk retention groups, reciprocal exchanges, mu- tual benefit or assistance programs, or any other plan or agreement of risk assumption. EO 12 70 10 14 Page 6 of 17 ❑ 151 U. Personal Injury means injury arising out of one or more of the following offenses: 1. false arrest, detention or imprisonment; 2. malicious prosecution; 3. wrongful entry or wrongful eviction; 4. invasion of right of private occupancy; 5. oral or written publication of material that slanders or libels a person or organization or defames or disparages a person's or organization's goods, products or services; 6. oral or written publication of material that violates a person's right of privacy. V. Policy Period means the period from the inception date stated in the Declarations to the expiration date stated in the Declarations, or its earlier termination date, if any. W. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. Pollutants does not mean heat, smoke, vapor, soot or fumes from a hostile fire or explosion. X. Pollution Incident means the actual or alleged discharge, dispersal, seepage, migration, release or escape of Pollu- tants into or upon land, the atmosphere or any watercourse or body of water, which results in bodily injury or property damage. The Pollution Incident must result from the rendering of or failure to render professional services. Pollution Incident does not include transportation, shipment, delivery or disposal of pollutants, contaminants, waste, products or materials. All pollution incidents which are logically or causally connected will be deemed one pollution incident that, for the purpose of determining coverage under this policy, will be deemed to have occurred at the time of the earliest logi- cally or causally connected pollution incident. Y. Privacy Breach Event means the theft or unintentional and unauthorized disclosure of protected informadou di- rectly resulting from the Insured's unintentional and unknowing failure to safeguard such protected information, but only to the extent such protected information was legally and permissibly in the Insured's possession at the time such privacy breach event occurred. All Privacy Breach Events which are logically or causally connected will be deemed one Privacy Breach Event that, for the purpose of determining coverage under this policy, will be deemed to have occurred at the time of the earliest logically or causally connected Privacy Breach Event. Z. Privacy Breach Expenses mean the following reasonable and necessary expenses incurred by or for the Insured and which are required to comply with applicable privacy laws or to minimize damages otherwise covered under this Policy: 1, Notification Expense Reasonable and necessary expenses charged by a vendor designated or approved in writing by us to comply with a privacy law which requires the Insured to notify a protected person of an unauthorized access or unauthorized use of the protected person's protected information; Credit Monitoring Expense Reasonable and necessary expenses charged by a vendor designated or approved in writing by us to provide credit monitoring services to a protected person, to the extent required by privacy law or to minimize any damages otherwise covered under this Policy; 3. C'yber Investigation Expense Reasonable and necessary expenses charged by a vendor designated or approved in writing by us to investi- gate the unauthorized access or unauthorized use of the computer system or network in the Insured"s possession from which protected information has been accessed in order to determine whether the In- sured has an obligation to provide notice under privacy law. Such costs do not: include: a) salaries, wages, fees, remuneration, overhead, benefits or expenses of our or an Insured's employees or officials; or EO 12 70 10 14 Page 7 of 17 ❑ 152 b) costs or expenses incurred to prevent future or subsequent unauthorized access or unauthorized use of the computer system or network in the Insured's possession following the first privacy breach event. Cyber investigation expense does not mean the costs or expenses charged or incurred to restore, replace, remediate, repair, correct, enhance, upgrade or otherwise modify, improve or make changes to the computer system, network or other hardware or software in the Insured's possession following or as a result of an ac- tual or attempted unauthorized access or unauthorized use; 4. Crisis i/lanagement Expense a) Reasonable and necessary expenses charged by a public relations firm, law firm or crisis management firm designated or approved in writing by us to perform crisis management services to minimize the potential harm resulting from a privacy breach event, b) Such expenses may include extortion or ransom amounts paid to a person demanding such payment in re- turn for a promise not to disclose protected information which :has been wrongfully accessed as the result of the Insured's unintentional and unknowing failure to safeguard such protected information, but only if the law enforcement authorities having jurisdiction over the theft of the information have been advised of and do not object to such payment. Such costs do not include salaries, wages, fees, remuneration, overhead, benefits or expenses of our or an Insured's employees or officials. Provided, however, crisis management expense shali'oe subject to the Crisis Matiagement Sub -Limit of Liability as described in the Declarations. AA. Privacy Law means United States or Canadian federal, state or provincial privacy protection statutes, rules and reg- ulations that require organizations that lawfully and permissibly obtain or possess protected information to post privacy policies, adopt specific privacy or security controls and/or notify individuals in the event that protected in- formation has potentially been unlawfully used or accessed. BB. Professional Incident means: 1. personal injury committed by the Insured in the rendering of or failure to render professional services by the Insured or a person acting under the Insured's direction, control or supervision and for whose acts, errors or omissions the Insured is legally liable; or 2. a negligent act, error or omission in the rendering of or failure to render professional services by the Insured or a person acting under the Insured's direction, control or supervision and for whose acts, errors or omissions the Insured is legally liable; or All professional incidents which are logically or causally connected will be deemed one professional incident that, for the purpose of determining coverage under this policy, shall be deemed to have occurred at the time of the earli- est logically or causally connected act, error or omission. CC. Professional Services means services, performed by an Insured for others involving specialized training, knowledge and skill while in the pursuit of the business stated in the Declarations. PD. Property Damage means: 1. physical injury to or destruction of tangible property, including all resulting loss of use of that property; or 2. loss of use of tangible property that has not been physically injured or destroyed. EE. Protected Information means an individual's name, social security number, protected health information, drivers license number, state identification number, credit card number, debit card number, address, telephone number, ac- count number, account history, password, or other nonpublic personal information as defined in privacy law, Pro- tected information does not include records, documents or other information that are lawfully available to the gen- eral public for any reason, including but not limited to information from federal, state or local government records. F , Protected person means a person whose protected info:ranation, is protected from unauthorized disclosure or ac- cess by a privacy law. EO 12 70 10 14 Page 8 of 17 ❑ 153 GG. Regulatory Proceeding means a formal request to the Insured made by a governmental regulatory body or regula- tor for documentation of and/or participation in an investigation or civil proceeding directly arising from a Network and Privacy Wrongful Act. Regulatory Proceeding includes Related Regulatory Proceedings. Related Regula- tory Proceedings means two or more regulatory proceedings arising out of a Network Security and Privacy Wrongful Act(s) that are logically or causally connected. HH. Subsidiary means: 1. any entity of which the Named Insured owns, either legally or beneficially, more than a fifty percent (50%) in- terest on or before the inception date of this policy; 2. any Newly Acquired Subsidiary. II. Suit means a civil proceeding in which damages resulting from a professional incident, pollution incident, net- work security and privacy wrongful act or media wrongful act are alleged. Suit includes an arbitration proceed- ing to which the Insured is required to submit or to which the Insured has submitted with our written consent. .„1 Unauthorized Access or Unauthorized Use means access to or the use of a computer system and network in the In- sured's possession by a person or organization that is not authorized to do so, or the access to or use of a computer system and network in the Insured's possession by an authorized person in an unauthorized manner. III. INCIDENT REPORTING PROVISIONS If during the Policy Period, you first become aware of any specific and identifiable professional incident, pollution in- cident, network security and privacy wrongful act or media wrongful act and during the Policy Period you must give written notice to us during the Policy Period of: 1. The specific professional incident, pollution incident, network security and privacy wrongful act or media wrongful act including the date(s) and parties involved; and 2. The damages which did or may result from such professional incident, pollution incident, network security and privacy wrongful act or media wrongful act; and 3. The circumstances by which you first became aware of such professional incident, pollution incident, network se- curity and privacy wrongful act or media wrongful act. For the purposes of this insurance, a professional incident, pollution incident, network security and privacy wrong- ful act or media wrongful act reported under this provision shall be deemed a claim when a claim is actually made dur- ing the policy period and reported in writing to us during the policy period. IV. POLICY TERRITORY This policy applies to professional incidents, pollution incidents, network security and privacy wrongful acts or media wrongful acts anywhere in the world except any location that is subject to trade or other economic sanctions or embargo by the United States of America, or where coverage is otherwise prohibited by the United States Office of For- eign Assets Control. A. Suits, Regulatory Proceedings and Disciplinary Proceedings Brought Outside of the United States of America, Puerto Rico and Canada If a Suit, Regulatory Proceeding or Disciplinary Proceeding is brought against an Insured outside of the United States of America (including its territories and possessions), Puerto Rico or Canada, the following shall apply: 1. We will have the right but not the duty to defend the Suit, Regulatory Proceeding or Disciplinary Proceeding; 2. The Insured may initiate a defense of the Suit, Regulatory Proceeding or Disciplinary Proceeding in accord- ance with the following conditions: a) We retain the right to assume and control the investigation, adjustment or defense of Suit, Regulatory Pro- ceeding or Disciplinary Proceeding. b) In the event we do not exercise our right to defend or are prevented from doing so because we are not li- censed or permitted by law in the applicable jurisdiction to defend the Insured, we will reimburse the In- sured for any reasonable and necessary claim expenses that we would have paid had we exercised our right EO 12 70 10 14 Page 9 of 17 0 154 to defend and that are incurred by the Insured for the investigation of a claim or defense of a Suit, Regula- tory Proceeding or Disciplinary Proceeding seeking damages to which this insurance applies. We will not reimburse any claim expenses or damages incurred and/or paid by any Insured without our prior writ- ten consent. B. Payment of Sums Outside of the United States of America, Puerto Rico and Canada 1. If the Insured becomes legally obligated to pay sums because of damages to which this insurance applies in a part of the policy territory outside of the United States of America (including its territories and possessions), Puerto Rico or Canada, and we are prevented from paying such sums and associated claim expenses, if applica- ble, because we are not licensed or permitted by law in the applicable jurisdiction to pay such sums on the In- sured's behalf, we will reimburse the Insured for such sums to the extent permitted by law. 2. The premium and all payments or reimbursements we make for damages and claim expenses because of judg- ments or settlements are payable when due in United States currency unless otherwise specified in the Declara- tions, If judgment is rendered, settlement is made or another element of sums paid for damages or claim ex- penses is stated in a currency other than United States currency, then payment under this insurance shall be made in the currency stated in the Declarations at the prevailing rate of exchange as published on OANDA.com as of the date payment is made. I.n no event shall we pay more than the Limits of Insurance shown in the Decla- rations. C. Coverage Disputes 1. Any legal disputes with us as to whether there is coverage under this insurance must be filed instate or federal courts within the United States of America (including its territories and possessions), Puerto Rico or Canada. D. Compulsory Coverage It is the duty of the Insured to fully maintain any insurance coverage required by law, regulation or other govern- mental authority during the policy period. We have no duties or obligations in that regard. 1. No Substitute for Compulsory Coverage This insurance is not a substitute for any insurance coverage that is required by law, regulation or other govern- mental authority that is required to be in force to satisfy the legal requirements of a given jurisdiction. 2. Failure to Maintain Compulsory Coverage Failure to maintain such insurance coverage required by law, regulation or other governmental authority will not invalidate this insurance; however, this insurance will apply as if the insurance coverage required by law, regula- tion or other governmental authority was in full effect. V. EXCLUSIONS APPLICABLE TO ALL INSURING AGREEMENTS This policy does not apply to: A. A claim or suit asserted by an Insured against any other Insured; B. Any claim or suit based upon or arising out of, in whole or in part, directly or indirectly, a wrongful, dishonest, fraudulent, criminal or malicious act if a final, non -appealable judgment or adjudication adverse to the Insured es- tablishes that the Insured in fact committed such wrongfiil, dishonest, fraudulent, criminal or malicious act. This exclusion does not apply to Claim Expenses incurred in defending any such Claim or Suit alleging the foregoing until such time as there is a final adjudication, judgment, binding arbitration decision or conviction against any Insured, or admission by an Insured, establishing such wrongful, criminal, dishonest, fraudulent or malicious conduct or a plea of noto contendere or no contest regarding such conduct, at which time the Named Insured shall reimburse us for all Claim Expenses incurred defending the Claim and we shall thereafter have no further liability for Claim Expenses. This exclusion does not apply to any liability of the Named Insured or any Insured that did not personally participate in or personally commit the wrongful, dishonest, fraudulent, criminal or malicious act, if coverage would otherwise be af- forded by this policy for the resulting damages. C. any claim based upon or arising out of, in whole or in part, directly or indirectly, the ownership, maintenance, use, loading, unloading, or entrustment to others, including the loaning thereof, of: 1. any airplane, helicopter or aircraft; EO 12 70 10 14 Page 10 of 17 ❑ 155 2. any automobile, motorcycle, moped, truck, three-wheeler, snowmobile or other motor vehicle of whatever type or nature, whether designed for travel on or off public roads; or 3, any motor or sail boats or other watercraft, of whatever type or nature owned, operated, rented by or loaned to any Insured. D. any claim based upon or arising out of, in whole or in part, directly or indirectly, the insolvency or bankruptcy of any Insured or any person, firm or organization; E. any claim based upon or arising out of, in whole or in part, directly or indirectly, discrimination, violation of civil rights, or any allegation that a person was subjected to unfair treatment or a denial or reduction of benefits, privileges or accommodation in violation of any law, statute, ordinance or regulation designed to ensure equal access to oppor- tunities, goods, services, facilities, and accommodations; F. any claim based upon or arising out of, in whole or in part, directly or indirectly, sexual harassment, coercion, quid - pro -quo offer of professional services for sexual favors, or other verbal or physical conduct of a sexual nature; G. any claim based upon or arising out of, in whole or in part, directly or indirectly, sexual abuse; H. any claim based upon or arising out of, in whole or in part, directly or indirectly, any Insured's activities as owner, sole proprietor, superintendent, executive officer, director, partner, trustee or employee of any organization which is not shown as a Named Insured on this policy. This exclusion, however, shall not apply to a subsidiary; I. any claim for which you or your insurer may be liable, under any Workers' Compensation, Unemployment Compen- sation, Disability Benefits Law, the Employee Retirement Income Security Act of 1974 and as amended, or under any similar law or regulation, or to any liability of the Insured arising out of the injury, sickness, disease or death re- sulting therefrom of any employee of any Insured arising out of and in the course of his employment by the In- sured, J. any claim based upon or arising out of, directly or indirectly, in whole or in part, any nuclear reaction, radiation or contamination, under any circumstances and regardless of cause, within or originating from a nuclear facility; K. any claim based upon or arising out of, directly or indirectly, in whole or in part, any misappropriation, infringement, or use of a patent, domain name, trade secret or any violation of an intellectual property right or law. This exclusion, however, shall not apply to any claim for misappropriation, infringement or use of a copyright, title, slogan, trademark, trade -name, trade dress or service mark, resulting from a media wrongful act. L. any claim based upon or arising out of, directly or indirectly, in whole or in part, advertising injury. This exclusion, however, shall not apply to a claim for advertising injury resulting from a media wrongful act. M. any claim based upon or arising out of, in whole or in part, directly or indirectly, liability you assume under any con- tract or agreement; however, this exclusion does not apply to liability you would have in the absence of such contract or agreement; N. any claim against an Insured that is brought by or on behalf of any federal, state or local government agency or pro- fessional or trade licensing organization. This exclusion, however, shall not apply to a claim resulting from a professional incident, pollution incident or media wrongful act or to any matter which this policy affords coverage under Section X. SUPPLEMENTARY PAYMENTS, B. ADA, FHA, OSHA, EPA Regulatory / Administrative Actions Reimbursement, or C. Disciplinary Proceeding Reimbursement. Furthermore, this exclusion shall not apply to: 1. to any claim arising from a professional incident or network security and privacy wrongful act when such agency or licensing organization is a client of the Insured; or 2. to a covered regulatory proceeding. O. any claim alleging, in whole or in part, directly or indirectly, that an Insured exceeded a contract price, cost guaran- tee or cost estimate; P. any claim based upon or arising out of, in whole or in part, directly or indirectly, express warranties or guarantees; EO 12 70 10 14 Page 11 of 17 ❑ 156 Q. any claim based upon or arising out of, in whole or in part, directly or indirectly, fee disputes; R. any claim based upon or arising out of, in whole or in part, directly or indirectly, the deficiency or malfunction of any product, technique or equipment which is sold, manufactured or furnished by or on behalf of the Insured; S. any claim based upon or arising out of, directly or indirectly, any claim or circumstance that is reported to any other insurer by any Insured prior to the effective date of this policy; T. any claim based upon or arising out of, directly or indirectly, any refusal to employ; termination of employment; or coercion, demotion, discipline, evaluation, reassignment or other employment -related act, omission, policy or prac- tice. This exclusion applies whether you are held liable as an employer or in any other capacity; U. any claim based upon or arising out of, directly or indirectly any construction, demolition, erection, excavation or the assembly or installation of components or equipment; V. any claim based upon or arising out of, directly or indirectly the failure to provide, obtain or maintain any form of insurance, surety or bond, or to advise or require others to do so; W. any claim based upon or arising out of, directly or indirectly liability assumed by any Insured under any contract or agreement, whether written or oral, including, but not limited to hold harmless and indemnity clauses; however, this exclusion does not apply if such liability exists in the absence of such contract or agreement; X. any claim based upon or arising out of, directly or indirectly any project for which you are an insured under any oth- er professional liability policy issued for any specific client(s) or specific project(s). Section X. CONDITIONS, C. OTHER INSURANCE of this policy is amended accordingly. VI. EXCLUSIONS APPLICABLE ONLY TO NETWORK SECURITY AND PRIVACY WRONGFUL ACT LIABILITY This policy does not apply to: A. any claim based upon or arising out of, directly or indirectly, in whole or in part, bodily injury; provided however, that this exclusion shall not apply to any claim for mental_ anguish, or emotional distress sustained by a person, in- cluding death resulting from any of these at any time, directly resulting from a network security and privacy wrongful act. B. any claim based upon or arising out of, directly or indirectly, in whole or in part, electrical or :mechanical failures, including power interruption, surge, brownout or blackout, or defect of telephone, telecommunications, or data transmission lines, services, equipment or infrastructure. C. any claim based upon or arising out of, directly or indirectly, in whole or in part, the unsolicited dissemination of any electronic communication to actual or prospective customers of the Insured or any third parry, including, but not limited to, actions brought under the TelecOMMUnications Act, the Communications Decency Act, or any other fed- eral, state or local legislation, regulation or law protecting a person or entity's right of seclusion or privacy. D. any claim based upon or arising out of, directly or indirectly, in whole or in part, any seizure, nationalization, confis- cation, destruction, or deletion by or on behalf of or in the name or right of any local, state, federal, or foreign ad- rni.nistrative, governmental, or regulatory agency, entity, tribunal or similar or equivalent body of any protected in- f rmation or computer or electronic systems held or used by the Insured. E. any claim based upon or arising out of, directly or indirectly, in whole or in part, any use, application transmission or creation of malicious code. F. any claim based upon or arising out of, directly or indirectly, in whole or in part any unlawful, unauthorized or un- disclosed obtaining, gathering, collecting, acquiring, using, distribution or sale of any inforrnation of any type, nature or kind including but not limited to protected information. G. any claim based upon or arising out of, directly or indirectly, in whole or in part, any network security and privacy wr•ougfrrl act or privacy breach event which was committed or which took place in whole or in part before the ret- roactive date stated in the Declarations. H. any claim based upon or arising out of, directly or indirectly, in whole or in part, any violation of any federal, state, local or foreign securities -related legislation, regulation or law. I. any claim based upon or arising out of, directly or indirectly, in whole or in part, any war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), rebellion, revolution, insurrection, war -like action, coup, usurped powers or military power. EO 12 70 10 14 Page 12 of 17 ❑ 157 J. any claim based upon or arising out of, directly or indirectly, in whole or in part, any violation of any United States economic or trade sanction, including but not limited to, sanctions administered by The United States Treasury De- partment's Oft -tee of Foreign Assets Control (OFAC). K. any claim based upon or arising out of, directly or indirectly, in whole or in part any prior or pending litigation, claim, fact, circumstance, subject, decision, transaction, event, situation, cause, proceeding or investigation made, presented, transmitted, filed or commenced on or before the inception date of this policy stated in the Declarations, or alleging or derived from the same litigation, claim or related claim, fact, circumstance, subject, decision, transac- tion, event, situation, cause, proceeding or investigation underlying or alleged therein. VII. EXCLUSIONS APPLICABLE ONLY TO PRIVACY BREACH EXPENSE This policy does not apply to: A. any Privacy Breach Event based upon or arising out of, directly or indirectly, in whole or in part, any false, mis- leading, deceptive, fraudulent or misrepresenting statements in advertising activities. B. any Privacy Breach Event based upon or arising out of, directly or indirectly, in whole or in part, any inadequate or incomplete description of the price of goods, products or services. C. any Privacy Breach Event based upon or arising out of, directly or indirectly, in whole or in part, any gambling, contest, lottery, promotion or game of chance. D. any Privacy Breach Event based upon or arising out of, directly or indirectly, in whole or in part, the actual or al- leged failure to make licensing fee or royalty payments. E. any Privacy Breach Event based upon or arising out of, directly or indirectly, in whole or in part, any costs or ex- penses incurred in the reprinting, recall, or disposal of any media including any content or products containing me- dia created by any Insured. F. any Privacy Breach Event based upon or arising out of, directly or indirectly, in whole or in part, brought by or on behalf of the Federal Trade Commission, the Federal Communications Commission or similar governmental entity in such entity's regulatory or official capacity. G. any Privacy Breach Event based upon or arising out of, directly or indirectly, in whole or in part, any media activi- ties, media wrongful acts or circumstances that any Insured knew or could have reasonably foreseen or expected to result in a claim. VIII. EXTENDED REPORTING PERIOD As a condition precedent to your obtaining an Automatic Extended Reporting Period (AERP) or an Extended Reporting Period (ERP), the full premium of this policy, premium for endorsements or audits, and payment of deductibles must have been paid in full. Neither the AERP nor the ERP reinstate or increase the Limits of Liability. Neither the AERP nor the ERP extend the policy period or change the scope of coverage afforded by this policy. A. Automatic Extended Reporting Period (AERP) If we or you cancel or non -renew this policy for any reason other than non-payment of premium, non-payment of de- ductible, non-compliance with any terms and conditions of this policy, or fraud or material misrepresentation, then you shall be entitled to an Automatic Extended Reporting Period (AERP) period of (60) sixty days from the date of policy expiration or cancellation to report claims in writing to us which are first made against the Insured during the policy period and arise out of a professional incident, pollution incident, network security and privacy wrong- ful act, privacy breach event or media wrongful act which takes place subsequent to the retroactive date and prior to the policy expiration or cancellation date. If the ERP in Section B. below is purchased then this AERP shall be included within such ERP. B. Extended Reporting Period (ERP) If we or you cancel or non -renew this policy for any reason other than non-payment of premium, non-payment of de- ductible, non-compliance with any terms and conditions of this policy, or fraud or material misrepresentation, then you shall be entitled to purchase an ERP from the options below which begins from the date of policy expiration or cancellation to report claims in writing to us which are first made against the Insured during the policy period or ERP and arise out of a professional incident, pollution incident, network security and privacy wrongful act, privacy breach event or media wrongful act which takes place subsequent to the retroactive date and prior to the policy expiration or cancellation date. EO 12 70 10 14 Page 13 of 17 ❑ W7 1. ERP Options a) One year for a premium not to exceed 125% of the annual premium. b) Two years for a premium not to exceed 150% of the annual premium. c) Three years for a premium not to exceed 175% of the annual premium. Your right to purchase the ERP must be exercised by notice in writing to us no later than (30) thirty days after the expiration or cancellation date of this policy and must include payment of premium for the ERP. Upon re- ceipt of the written notice to us and the premium for the ERP, the entire premium is deemed fully earned and is non-refundable. IX. LIMITS OF LIABILITY AND DEDUCTIBLE A. The Limits of Liability stated in the Declarations is the maximum we will pay regardless of the number of Insureds, individuals or organizations that make a claim or number of claims made. B. Limit of Liability — Aggregate The Limit of Liability — Aggregate, as stated in the Declarations, is the maximum amount we will pay for all claim expenses and damages for all claims covered under this policy. C. Limit of Liability — Each Claim Subject to the Limit of Liability - Aggregate, the Limit of Liability — Each Claim, as stated in the Declarations, is the maximum amount we will pay for claim expenses and damages attributable to any one claim covered under this policy. D. Our duty to defend will end when our Limits of Liability have been exhausted by payment of claim expenses and/or damages or when our Limits of Liability have been tendered to a court of competent jurisdiction. E. Deductible The deductible amount stated in the Declarations applies to each claim and shall be paid by the Named Insured. The deductible applies to claim expenses and damages and the Limits of Liability shall apply in excess of the de- ductible stated in the Declarations. We may advance payment of part or all of the deductible amount and upon noti- fication of such payment being made, the Insured must promptly reimburse the Company for the deductible amounts advanced by us. F. Mediation of Claim If mediation is used as a means to resolve a claim made against the Insured, and such claim is resolved solely, di- rectly and immediately by the mediation, then the deductible obligation of the Insured shall be reduced by 50%, subject to a maximum credit of $25,000. We shall reimburse the Insured for any applicable payment made prior to the mediation as soon as practicable after the conclusion of the mediation. X. SUPPLEMENTARY PAYMENTS A. Pre Claim Assistance If during the Policy Period, you report a professional incident, pollution incident, network security and privacy wrongful act or media wrongful act to us in accordance with Section III. INCIDENT REPORTING PROVSIONS until such time a Claim is made, we will pay all costs or expenses that we incur, or that your incur, with our prior written consent, for put -poses of investigating, mitigating or avoiding a Claim, Any payment made by us under this provision shall be in addition to the applicable Limit of Liability of this Policy and shall not be subject to any reten- tion. B. ADA, FHA, OSHA, EPA Regulatory / Administrative Actions Reimbursement We will reimburse the Insured, upon written request, for reasonable attorney's fees and expenses incurred by the In- sured with our prior written consent in responding to a regulatory or administrative action brought directly against the Insured during the Policy Period by a government agency under the Americans with Disabilities Act of 1990 (ADA), the Fair Housing Act (FHA), the Occupational Safety and Health Act (OSHA) or Environmental Protection Agency (EPA) provided that the regulatory or administrative action arises out of a professional incident, pollution incident or media wrongful act and: 1. the professional incident, pollution incident or media wrongful act took place in the Policy Territory; and EO 12 70 10 14 Page 14 of 17 ❑ 159 2. the professional incident, pollution incident or media wrongful act took place subsequent to the retroactive date and prior to the expiration or termination date of this policy; and 3. prior to the inception date of this policy stated in the Declarations, no Insured knew or could have reasonably foreseen or expected that the professional incident, pollution incident or media wrongful act might give rise to such a regulatory or administrative action. Our obligation under- this section shall be limited to $30,000 in the aggregate for the Policy Period. After the Com- pany has paid $30,000 under these provisions, the Company shall not be obligated to pay any further attorney's fees, costs and, or expenses for such Regulatory/Administrative Action. Any payment made by us under this provision shall be in addition to the applicable Limit of Liability of this Policy and shall not be subject to any retention. C. Disciplinary Proceeding Reimbursement We will reimburse the Insured for reasonable attorney's fees, costs and expenses incurred in responding to a disci- plinary proceeding that is both first brought by a licensing authority against the Insured and reported in writing to the Company during the policy period by reason of: 1. a professional incident that took place in the Policy Territory; and 2. a professional incident that took place subsequent to the retroactive date and prior to the expiration or termina- tion date of this policy; and 3. prior to the inception date of this policy stated in the Declarations, no Insured knew or could have reasonably foreseen or expected that the professional incident might give rise to a regulatory or administrative action stat- ed herein. The maximum amount payable under this section, regardless of the number of disciplinary proceedings or the num- ber of Insureds, shall be $5,000 per policy period. The Company shall not be obligated to defend any disciplinary proceeding, or pay any fine, penalty or award resulting from any disciplinary proceeding. Any payment made by us under this provision shall be in addition to the applicable Limit of Liability of this Policy and shall not be subject to any retention. XI. CONDITIONS A. INSURED'S DUTIES IN THE EVENT OF A CLAIM 1. If a claim to which this policy applies is made against an Insured, you must give us written notice as soon as practicable, but in no event, subject to Section VIII. EXTENDED REPORTING PERIOD, notice must be given no later than policy expiration or cancellation date. Notice must be given to Admiral Insurance Company (A Berkley Company), Attention: Claims Department, Mt. Laurel Corporate Park, 1000 Howard Blvd., P.O. Box 5430, Suite 300, Mt. Laurel, NJ 08054 or e-mail: admclaimsradmiralins.com. 2. All Insureds must fully cooperate with us in the conduct, defense and investigation of any claim or suit. Upon the Company's request, we may require the Insured to submit to an examination under oath; provide us with written statements as requested by us or your attendance at meetings with us; produce and make available rec- ords, documents and other materials which we deem relevant to the claim; attend hearings, depositions and tri- als; assist in affecting settlements, securing and giving evidence and obtaining the attendance of witnesses. 3. The Insured must not make any payment, admit any liability, settle any claim, assume any obligations, or ac- cept or reject an arbitration award without our prior written consent. 4. The Insured must do whatever is necessary to secure and preserve any rights of indemnity, contribution or ap- portionment that the Insured may have. 5. The Insured shall accept our assignment of counsel and the Insured shall refrain from discussing any claim or suit with anyone other than counsel retained to represent the Insured or our representatives. B. Transfer of Rights of Recovery If there is a payment made by us, we shall be subrogated to all of the Insured's rights of recovery against any person or organization. The Insured will cooperate with us and do whatever is necessary to secure these rights. You must not waive or prejudice such rights. We agree to waive this tight of subrogation against a client of the Insured to the extent that the Insured had, prior to the claim, entered into a written, duly executed agreement to waive such rights. EO 12 70 10 14 Page 15 of 17 ❑ E1�11 C. Other Insurance This Insurance shall apply in excess of any other valid and collectible insurance available to any Insured, whether such insurance is stated to be primary, contributory, excess, contingent or other, including any self -insured retention or deductible portion thereof. This condition does not apply to other insurance that is specifically written to apply in excess of the limits provided by this policy. D. Changes Made to this Policy The terms and conditions of this policy cannot be waived or changed except by specific written endorsement issued by us and made part of the policy. E. Assignment of the Insured's Interest The interest of the Insured under this policy is not assignable to any other person or organization, except with the Company's written consent. F. Cancellation This policy may be canceled by the Named Insured by returning the policy to us or our authorized representatives with a written expression of its intention to cancel. The Named Insured can also cancel this policy by written notice to us stating at what future date cancellation is to be effective. If the Named Insured cancels, earned premium shall be computed using the customary short rate table or the amount stated elsewhere in this policy as Minimum Earned Premium, whichever is greater. We can cancel the policy by providing written notice to the Named Insured, at the address last known to us. We will provide written notice at least thirty (30) days before cancellation is to be effective and the earned premium will be computed pro rata. However, if we cancel because you fail to pay a premium or deductible when due, only ten (10) days written notice of cancellation will be given and earned premium will be computed using the customary short rate table. The mailing of any notice of cancellation shall be sufficient proof of notice. This policy will terminate on the effective date of the cancellation. Return of unearned premium is not a condition of cancellation. Unearned premium will be returned by us as soon as practicable. G. Bankruptcy Bankruptcy or insolvency of the Insured or the Insured's estate shall not relieve us of any of our obligations under this policy. H. Application The statements made in any Applications) and any supplementary material(s) are deemed to be made on behalf of the Named Insured and all other Insureds and are deemed material. Upon the binding of coverage, the Applica- tion(s) shall be attached and become part of this policy. This policy is issued based upon the truth and accuracy of the representations made in any Application(s) and any supplementary material(s). This policy is void as to the Named Insured and all other Insureds in any case of fraud and/or misrepresentation made in any Application(s) or any supplementary material(s). I. Audit We may examine and audit your books and records at any time during the policy period and within three (3) years after the expiration or iermination date of this policy, as far as they relate to this policy. J. Action Against Us No action shall be brought against us by any Insured, unless, as a condition precedent thereto: 1. all Insureds have fiilly complied with all the terms and conditions of this policy; and 2. the amount of damages has been fixed or rendered certain: a) by final judgment against the Insured after trial of the issues; or b) the time to appeal such judgment has expired without an appeal being taken; or EO 12 70 10 14 Page 16 of 17 ❑ 161 c) if appeal is taken, after the appeal has been determined; or d) the claim is settled in accordance with the terms and conditions of this policy. In no event shall any action brought by anyone be maintained against us unless such action is brought within twenty- four (24) months from the time the right to bring action first became available. K. False or Fraudulent Claims If an Insured reports any claim knowing such claim to be false or fraudulent, this policy shall become void and all insurance coverage hereunder shall be forfeited as of the inception,date of this policy. L. Terms and Conditions of Policy Conformed to Statute Where necessary, the terms and conditions of this policy will be amended to conform to applicable law. M. Change in Controlling Interest If, during the Policy Period: 1. a Named Insured merges into or consolidates with another entity such that the Named Insured is not the sur- viving entity; 2. another person or entity acquires the Named Insured; 3. another person or entity acquires a controlling interest in the Named Insured; or 4. there is a divestiture or sale of more than fifty percent of a Named Insured's assets and/or liabilities; then the coverage under this Policy will continue for the Named Insured, but only for professional incidents, pol- lution incidents, network security and privacy wrongful acts or media wrongful acts that occur before the date of such Change in Controlling Interest described above. This will apply unless you notify us within thirty (30) days of such event and we issue an endorsement stating otherwise. N. Premium The premium amount for this policy is stated in the Declarations and is for coverage for the policy period. If during the policy period there is a change in coverage afforded, we have the right to adjust the premium as of the date of change. Any premium adjustment shall be made in accordance with our prevailing rules and rates. Premium shown as advance premium is a minimum and deposit premium. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable by notice to the first Named In- sured. If the premium for this policy is a flat premium, it is not subject to adjustment. EO 12 70 10 14 Page 17 of 17 0 162 Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Deciara- tions. The words "we", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. ""w. I'hn InsuraI- S Gr AVV2A107239 0901117 Item Two of the Declarations shows the "autos" that are covered "autos" for each of your cover- ages. The following numerical symbols describe the "autos" that may be covered "autos". The sym- bols entered next to a coverage on the Declara- tions designate the only "autos" that are covered "autos". A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 Any "Auto" 2 Owned "Autos" Only those "autos" you own (and for Liability Coverage any "trailers" you don't Only own while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private pas - Passenger senger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned "Autos" Only those "autos" you own that are not of the private passenger type (and for Other Than Pri- Liability Coverage any "trailers" you don't own while attached to power units vate Passenger you own). This includes those "autos" not of the private passenger type you "Autos" Only acquire ownership of after the policy begins. 5 Owned "Autos" Only those "autos" you own that are required to have No -Fault benefits in the Subject To No- state where they are licensed or principally garaged. This includes those Fault "autos" you acquire ownership of after the policy begins provided they are re- quired to have No -Fault benefits in the state where they are licensed or princi- pally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they Subject To A are licensed or principally garaged are required to have and cannot reject Compulsory Uninsured Motorists Coverage. This includes those "autos" you acquire own - Uninsured Mo- ership of after the policy begins provided they are subject to the same state torists Law uninsured motorists requirement. 7 Specifically De- Only those "autos" described in Item Three of the Declarations for which a scribed "Autos" premium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any Only "auto" you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Nonowned Only those "autos" you do not own, lease, hire, rent or borrow that are used in "Autos" Only connection with your business. This includes "autos" owned by your "employ- ees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your busi- ness or your personal affairs. CA 00 01 03 06 Copyright, ISO Properties, Inc., 2005 Page 1 of 12 163 19 Mobile Equip- Only those "autos" that are land vehicles and that would qualify under the ment Subject definition of "mobile equipment" under this policy if they were not subject to a To Compulsory compulsory or financial responsibility law or other motor vehicle insurance law Or Financial where they are licensed or principally garaged. Responsibility Or Other Motor Vehicle Insur- ance Law Only_ B. Owned autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Decla- rations, then you have coverage for "autos" that you acquire of the type described for the remainder of the policy period. 2. But, if Symbol i is entered next to a cover- age in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that coverage only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that cov- erage-, and b. You tell us within 30 days after you ac- quire it that you want us to cover it for that coverage. _ ._...-_ .C: +✓attain "Tray ers,'Mobile EquipmeriUArid _ Temporary Substitute Autos If Liability Coverage is provided by this Cover- age Form, the following types of vehicles are also covered "autos" for Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads 2. "Mobile —equipment" while -being --carried or towed by a covered "auto". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction. Page 2 of 12 SECTION it - LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance ap- plies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or ex- pense" to which this insurance applies, caused by an "accident' and resulting from the owner- ship, maintenance or use of covered "autos". However, we will only pay for the "covered pol- lution cost or expense" if there is either "bodily injury" or "property damage" to which this in- surance applies that is caused by the same "accident". inro have +ha right and duty defend an,, sured" against a "suit" asking for such damages or a "covered pollution cost or expense". How- ever, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "property damage" or a "covered pollution cost or expense" to which this insur- ance does not apply. We may investigate and settle any claim or "suit" as we consider appro- priate. Our duty to defend -or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your per- mission a covered "auto" you own, hire or borrow except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. Copyright, ISO Properties, Inc., 2005 CA 00 0103 06 164 (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a busi- ness of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while mov- ing property to or from a covered "auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "in- sured" described above but only to the extent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (in- cluding bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (3) The cost of bonds to release attach- ments in any "suit" against the "in- sured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day because of time off from work. (5) All costs taxed against the "insured" in any "suit" against the "insured" we defend. (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "insured" we defend, but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. CA 00 01 03 06 The Hanover 4Insurance Group_ AMA107239 0901117 b. Out -Of -State Coverage Extensions While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Li- ability Coverage to meet the limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passen- gers or property. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the fol- lowing: 1. Expected Cr Intended Injury "Bodily injury" or "property damage" ex- pected or intended from the standpoint of the "insured". 2. Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property damage" oc- curs subsequent to the execution of the contract or agreement; or b. That the "insured" would have in the ab- sence of the contract or agreement. 3. Workers` Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability bene- fits or unemployment compensation law or any similar law. 4. Employee Indemnification And Employer's Liability. "Bodily injury" to: a. An "employee" of the "insured" arising out of and in the course of: (1) Employment by the "insured"; or Copyright, ISO Properties, Inc., 2005 Page 3 of 12 165 (2) Performing the duties related to the conduct of the "insured's" business; or b. The spouse, child, parent, brother or sis- ter of that "employee" as a consequence of Paragraph a. above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capac- ity; and (2) s To any obligation to share G uai niayeS with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily injury" to domestic "employees" not entitled to workers' compensation benefits or to li- ability assumed by the "insured" under an "insured contract". For the purposes of the Coverage Form, a domestic "employee" is a person engaged in household or domestic work performed principally in connection with a residence premises. 5. Fellow Employee "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the con- duct of your business. 6. Care, Custody Or Control a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment"; or b. Machinery or equipment that is on, at- tached to, or part of, a land vehicle that would qualify under the definition of "mo- bile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally ga- raged. 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been completed or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or opera- tions. Your work includes warranties or represen- tations made at any time with respect to the fitness, quality, durability or performance of any of the items included in Paragraph a. or b. above. Your work will be deemed completed at the earliest of the following times: ........ t�roperty-demageu --to- or --covered frefifi�.riro�----_ _.__.__ _...__(.1)._.Wherr all --of the work called -for-_._. cost or expense" involving property owned contract has been completed. or transported by the "insured" or in the "in- (2) When all of the work to be done at the sured's" carra, custody or control. But this site has been completed if your con - exclusion does not apply to liability assumed tract calls for work at more than one under a sidetrack agreement. site. * "Bodily injury" or "property damage" result- ing from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for move- ment into or onto the covered "auto"; or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". 8. Movement Of Property By Mechanical Device (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or sub- contractor working on the same proj- ect. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. 11. Pollution "Bodily injury" or "property damage" result - "Bodily injury" or "property damage" arising ing from the movement of property by a me- chanicai device (other than a hand truck) out of the actual, alleged or threatened dis- unless the device is attached to the covered charge, dispersal, seepage, migration, re - "auto". lease or escape of "pollutants": 9. Operations a. That are, or that are contained in any "Bodily injury" or "property damage" arising property that is: out of the operation of: Page 4 of 12 Copyright, ISO Properties, Inc., 2005 CA 00 0103 06 166 T11, nover 4 Insurance Gr4?11p- AMA107239 0901117 (1) Being transported or towed by, han- dled, or handled for movement into, onto or from, the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "in- sured", Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, mi- grate, or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mo- bile equipment". Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "in- sured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and a. War, including undeclared or civil war; b. Warlike action by a military force, includ- ing action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by gov- ernmental authority in hindering or de- fending against any of these. 13. Facing Covered "autos" while used in any profes- sional or organized racing or demolition contest or stunting activity, or while practic- ing for such contest or activity. This insur- ance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered "autos", "insureds", premiums paid, claims made or ve- hicles involved in the "accident", the most we will pay for the total of all damages and "cov- ered pollution cost or expense" combined, re- sulting from any one "accident" is the Limit of Insurance for Liability Coverage shown in the Declarations. All "bodily injury", "property damage" and "cov- ered pollution cost or expense" resulting from continuous or repeated exposure to substan- tially the same conditions will be considered as resulting from one "accident". No one will be entitled to receive duplicate payments for the same elements of "loss" under this Coverage Form and any Medical Payments Coverage Endorsement, Uninsured Motorists Coverage Endorsement or Underinsured Motor- ists Coverage Endorsement attached to this Coverage Part. SECTION III - PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage From any cause except: (2) The discharge, dispersal, seepage, (1) The covered "auto's" collision with migration, release or escape of the another object; or "pollutants" is caused directly by such upset, overturn or damage. (2) The covered "auto's" overturn. 12. War b. Specified Causes Of Loss Coverage "Bodily injury" or "property damage" arising Caused by: directly or indirectly out of: (1) Fire, lightning or explosion; CA 00 01 03 06 Copyright, ISO Properties, Inc., 2005 Page 5 of 12 167 (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; (5) Mischief or vandalism; or (6) The sinking, burning, collision or de- railment of any conveyance trans- porting the covered "auto". c. Collision Coverage Caused by: (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn_ 2. Touring We will pay up to the limit shown in the Declarations for towing and labor costs in- curred each time a covered "auto" of the pri- vate passenger type is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage - Bitting A Bird Or Animal - Falling Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto", we will pay for the following under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or mis- siles. However, you have the option of having glass breakage caused by a covered "auto's" collision or overturn considered a "loss" under Collision Coverage. 4. Coverage Extensions a. Transportation Expenses We will pay up to $20 per day to a maxi- mum of $600 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the pri- vate passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses in- curred during the period beginning 48 hours after the theft and ending, regard- less of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Decla- rations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indi- cate that Collision Coverage is pro- vided for any covered "auto". However, the most we will pay for any expenses for loss of use is $20 per day, to a maximum of $600. B. Exclusions 1. We will not pay for "loss" caused by or re- sulting from any of the following. Such "loss" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the "loss". a. Nuclear Hazard (1) The explosion of any weapon em- ploying atomic fission or fusion; or (2) Nuclear reaction or radiation, or ra- dioactive contamination, however caused. b. War Or Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, in- cluding action in hindering or defend- ing against an actual or expected at- tack, by any government, sovereign or other authority using military person- nel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. Page 6 of 12 Copyright, ISO Properties, Inc., 2005 CA 00 01 03 06 HAnover Insurance Group- AW2A1n7239 0901117 2. We will not pay for "loss" to any covered "auto" while used in any professional or or- ganized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that cov- ered "auto" is being prepared for such a contest or activity. 3. We will not pay for "loss" caused by or re- sulting from any of the following unless caused by other "loss" that is covered by this insurance: a. Wear and tear, freezing, mechanical or electrical breakdown_ b. Blowouts, punctures or other road dam- age to tires. 4. We will not pay for "loss" to any of the fol- lowing: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Any device designed or used to detect speed measuring equipment such as ra- dar or laser detectors and any jamming apparatus intended to elude or disrupt speed measurement equipment. c. Any electronic equipment, without regard to whether this equipment is permanently installed, that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. d. Any accessories used with the electronic equipment described in Paragraph c. above_ Exclusions 4.c. and 4.d. do not apply to: a. Equipment designed solely for the repro- duction of sound and accessories used with such equipment, provided such equipment is permanently installed in the covered "auto" at the time of the "loss" or such equipment is removable from a housing unit which is permanently in- stalled in the covered "auto" at the time of the "loss", and such equipment is de- signed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or b. Any other electronic equipment that is: (1) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or CA 00 01 03 06 (2) An integral part of the same unit housing any sound reproducing equipment described in Paragraph a. above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. 5. We will not pay for "loss" to a covered "auto" due to "diminution in value". C. Limit Of Insurance 1. The most we will pay for "loss" in any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable de- ductible shown in the Declarations. Any Com- prehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. SECTION Ill - BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions. - A. Loss Conditions 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss", either may demand an appraisal of the "loss". In this event, each party will se- lect a competent appraiser. The two ap- praisers will select a competent and impar- tial umpire. The appraisers will state sepa- rately the actual cash value and amount of "loss". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. Copyright, ISO Properties, Inc., 2005 Page 7 of 12 169 If we submit to an appraisal, we will still re- tain our right to deny the claim. 2. Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compli- ance with the following duties: a. In the event of "accident", claim, "suit" or "loss", you must give us or our author- ized representative prompt notice of the "accident" or "loss". Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any .injured persons and witnesses. b. Additionally, you and any other involved "insured" must: (1) Assume no obligation, make no pay- ment or incur no expense without our consent, except at the "insured's" own cost. (4) Agree to examinations under oath at our request and give us a signed statement of your answers. 3. Legal Action Against Us No one may bring a legal action against us under this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Liability Coverage, we agree in writing that the "'Inssured" has an obliga- tion to pay or until the amount of that ob- ligation has finally been determined by judgment after trial. No one has the right under this policy to bring us into an ac- tion to determine the "insured's" liability. 4. Loss Payment - Physical Damage Coverages At our option we may: a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our ex- pense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised (2) Immediately send us copies of any value. request, demand, order, notice, sum- if we pay for the "loss", our payment will in- mons or legal paper received con- clude the applicable sales tax for the dam- cerning the claim or _ "suit". or stolen proper - --------___1___.. ------------- (3) Cooperate with us in the investigation 5. Transfer Of Rights Of Recovery Against or settlement of the claim or defense Others To Us against the "suit". . 4 s (4) Authorize us to obtain medical rec- ords or other pertinent information. (5) Submit to examination, at our ex- pense, by physicians of our choice, as often as we reasonably require. c. If there is "loss" to a covered "auto" or its equipment you must also do the follow- ing: (1) Promptly notify the police if the cov- ered "auto" or any of its equipment is stolen. (2) Take all reasonable steps to protect the covered "auto" from further dam- age. Also keep a record of your ex- penses for consideration in the set- tlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or disposition. Page 3 of 12 If any person or o{ganiz_W on to or for WVill we make payment under this Coverage Form has rights to recover damages from another, those rights are ,transferred to us. That per- son or organization must do everything nec- essary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud . This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally conceal or misrepresent a material fact con- cerning: a. This Coverage Form; Copyright, ISO Properties, Inc., 2005 CA 00 0103 06 170 b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the re- vision is effective in your state. 4. No Benefit To Bailee - Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provision of this Coverage Form. 5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insur- ance. For any covered "auto" you don't own, the insurance provided by this Cov- erage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is con- nected to another vehicle, the Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a mo- tor vehicle you do not own. (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Cover- age, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Para- graph a. above, this Coverage Form's Li- ability Coverage is primary for any liabil- ity assumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. The nover Insurance Group- AW2A107239 0901117 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy be- gan. We will compute the final premium due when we determine your actual ex- posures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. The due date for the final premium or retrospec- tive premium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the be- ginning of each year of the policy. 7. Policy Period, Coverage Territory Under this Coverage Form, we cover "acci- dents" and "losses" occurring: a. During the policy period shown in the Declarations; and b. Within the coverage territory. The coverage territory is: a. The United States of America; b. The territories and possessions of the United States of America; c. Puerto Rico; d. Canada; and e. Anywhere in the world if. (1) A covered "auto" of the private pas- senger type is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and (2) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and posses- sions of the United States of America, Puerto Rico, or Canada or in a settle- ment we agree to. We also cover "loss" to, or "accidents" in- volving, a covered "auto" while being trans- ported between any of these places. CA 00 01 03 06 Copyright, ISO Properties, Inc., 2006 Page 9 of 12 171 8. Two Or More Coverage Forms Or Policies Issued By us If this Coverage Form and any other Cover- age Form or policy issued to you by us or any company affiliated with us apply to the same "accident", the aggregate maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the high- est applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form. SECTION V - DEFINITIONS A. "Accident" includes continuous or repeated ex- posure to the same conditions resulting in "bodily injury" or "property damage". B. "Auto" means: (1) Being transported or towed by, han- dled, or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property In which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "in- sured". 1. A land motor vehicle, "trailer" or semitrailer Paragraph a. above does not apply to fuels, designed for travel on public roads; or lubricants, fluids, exhaust gases or other 2. Any other land vehicle that is subject to a similar "pollutants" that are needed for or compulsory or financial responsibility law or result from the normal electrical, hydraulic other motor vehicle insurance law where it is or mechanical functioning of the covered licensed or principally garaged_ "auto" or its parts, if: However, "auto" does not include "mobile (1) The "pollutants" escape, seep, mi- equipment". grate, or are discharged, dispersed or released directly from an "auto" part C. "Bodily injury" means bodily injury, sickness or designed by its manufacturer to hold, ersa___.store - --receive--or --d-ispose--of--s-uch - — - - -- resulting from any of these. "pollutants"; and D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or 2. Any claim or "suit" by or on behalf of a gov- ernmental authority for damages because of testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying or neu- tralizing, or in any way responding to or as- sessing the effects of "pollutants". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged. or threatened discharge, disper- sal, seepage, migration, release or escape of "pollutants": a. That are, or that are contained in any property that is: (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraph 6.b. or 6.c. of the definition of "mobile equipment". Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with re- spect to "pollutants" not in or upon a cov- ered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. Page 10 of 12 Copyright, ISO Properties, Inc., 2005 CA 00 01 03 06 172 rr,,> nover Insurance Group- AMA107239 0901117 E. "Diminution in value" means the actual or per- b. That pertains to the loan, lease or rental ceived loss in market value or resale value of an "auto" to you or any of your "em- which results from a direct and accidental ployees", if the "auto" is loaned, leased "loss". or rented with a driver; or F. "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary worker". G. "Insured" means any person or organization qualifying as an insured in the Who Is An In- sured provision of the applicable coverage. Ex- cept with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. H. "Insured contract means: 1. A lease of premises; 2. A sidetrack agreement; 3. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; 4. An obligation, as required by ordinance, to indemnify a municipality, except in connec- tion with work for a municipality; 5. That part of any other contract or agreement pertaining to your business (including an in- demnification of a municipality in connection with work performed for a municipality) un- der which you assume the tort liability of an- other to pay for "bodily injury" or "property damage" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any con- tract or agreement; 6. That part of any contract or agreement en- tered into, as part of your business, pertain- ing to the rental or lease, by you or any of your "employees", of any "auto". However, such contract or agreement shall not be considered an "insured contract" to the ex- tent that it obligates you or any of your "em- ployees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees". An "insured contract" does not include that part of any contract or agreement: a. That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; or c. That holds a person or organization en- gaged in the business of transporting property by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. I. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to per- form duties related to the conduct of your busi- ness. "Leased worker" does not include a "tem- porary worker". J. "Loss" means direct and accidental loss or damage. K. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads; 4. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equip- ment such as graders, scrapers or roll- ers. 5. Vehicles not described in Paragraph 1., 2., 3., or 4. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: a. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers. 6. Vehicles not described in Paragraph 1., 2., 3. or 4. above maintained primarily for pur- poses other than the transportation of per- sons or cargo. However, self-propelled vehi- cles with the following types of permanently attached equipment are not "mobile equip- ment" but will be considered "autos": CA 00 01 03 06 Copyright, ISO Properties, Inc., 2005 1. Page 11 of 12 173 a. Equipment designed primarily for: (1) Snow removal; (2) Road maintenance, but not construc- tion or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting or well servicing equipment. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are consid- ered "autos" L."Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. Page 12 of 12 M. "Property damage" means damage to or loss of use of tangible property. N. "Suit" means a civil proceeding in which: 1. Damages because of "bodily injury" or "property damage"; or 2. A "covered pollution cost or expense", to which this insurance applies, are alleged. "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the "insured" must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the insured submits with our consent. ®. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. P. "Trailer" includes semitrailer. Copyright, ISO Properties, Inc., 2005 CA 00 0103 06 174 2016-226 WHATCOM COUNTY COUNCIL AGENDA BILL NO. CLEARANCES Initial Date .I?at ec iye in Council Office Agenda Date Assigned to: Originator: ! L.,i 7/12/16 Finance/Council Kraig Olason t- Division Head: Rob Ney p q F J E JUL Dept. Head: 1( �"� At. Jon Hutchings . WHATCOM COUNTY Prosecutor: Dan Gibson I 06 & COUNCIL Purchg;Budget• Brad Bennett P" 6i2+11v Executive: Jack L.ouws TITLE OF DO T: Birch Point Collaborative Drainage System Repair - Construction Support Services — Amorterra Engineering & Consulting, LLC ATTACHMENTS: 1. Memorandum 2. Contract information sheet 3. Contract and related exhibits 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.) This scope of work provides construction and post -construction engineering support services for the Birch Point Collaborative Drainage System Repair Project. The project includes a new inlet, upsized cross culvert under Semiahmoo Drive, and new conveyance system to the beach as well as restoration of all disturbed areas, including road -cut on Semiahmoo Drive, within county right -of way and private property impacted by the construction activity. 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. V2.0 175 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT .ION HUTCHINGS DIRECTOR MEMORANDUM TO: The Honorable Jack Louws, County Executive Honorable Members of Whatcom County Council THROUGH: Jon Hutchings, Public Works Director,, FROM: Rob Ney, Special Programs Manager% Kirk Christensen, PE, Stormwater Supervisor STORMWATER 322 N. Commercial St. Suite 101 Bellingham, WA 98225 Telephone: (360) 778-6210 FAX: (360) 778-6211 RE: Birch Point Collaborative Drainage System Repair - Construction Services Contract DATE: June 24, 2016 Enclosed are two (2) originals of the agreement for Construction Services Assistance for the Birch Point Collaborative Drainage System Repair project between Whatcom County Public Works, Stormwater, and Amorterra Engineering & Consulting, LLC for your review and signature. ■ Background and Purpose Local flooding from major storm events on Birch Point has occurred regularly along a portion of the 8600 block of Semiahmoo Drive. The cross culvert under Semiahmoo Drive is undersized as is the conveyance pipe from the top of the bluff to the beach. Heavy rains overwhelm the existing conveyance system resulting in flooding and damage to adjacent properties and potentially to Semiahmoo Drive. The beach bluff in this area is 70 feet above the beach and is subject to natural and flood induced landslides. The project will replace the current failing conveyance system from east of Semiahmoo Drive to the beach at Semiahmoo Bay with a totally enclosed conveyance system. Amorterra was chosen from the 2015 open roster for general professional architectural, engineering, and other consultant services (RFQ #15-01). ■ Funding Amount and Source This contract in the amount of $39,930.00 will be funded by fees collected through the Birch Bay watershed and Aquatic Resources Management District (cost center 169250, work order 18884). Please contact Kraig Olason at extension 6301, if you have any questions or concerns regarding the terms of this agreement, Encl. va.0 176 WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET 94 01 G 0-70 61' Originating Department: Public Works Stormwater Contract or Grant Administrator: Kraig 01aSon Contractor's / Agency Name: Amorterra Engineering & Consulting, LLC Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑ Yes ✓ 1Vo ❑ u Aiiieiiuiiieiit or ' *-- �S7rr � no inn ka)) n 1 !` + +F• Re11eWa1, `tJer Vv L t J.Vo.1VV `Q)� Vl1b111Q1 vVllllCN t i. Does contract require Council Approval? Yes ✓ No ❑ If No, include WCC: (see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes ❑ No ✓ If yes, grantor agency contract number(s): CFDA#: Is this contract grant funded? Yes ❑ No ✓ If yes, Whatcom County grant contract number(s): Is this contract the result of a RFP or Bid process? Contract 169250 Yes ✓ No ❑ If yes, RFP and Bid number(s): RFQ-15-01 Cost Center: Work order 18884 Is this agreement excluded from E-Verify? No ❑ Yes ✓ If no, include Attachment D Contractor Declaration form. If YES, indicate exclusion(s) below: ❑ Professional services agreement for certified/licensed professional. ✓ Contract work is for less than $100,000. ❑ Contract for Commercial off the shelf items (COTS). ❑ Contract work is for less than 120 days. ❑ Work related subcontract less than $25,000. ❑ Interlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA. Contract Amount:(sum of original contract amount and any Contracts that require Council Approval (incl. agenda bill & memo) prior amendments): $ 39,930.00 4 Professional Services Agreement above $20,000. This Amendment Amount: • Bid is more than $50,000. . Amendments that have either an increase greater than 10% or $ provide a $10,000 increase in amount (whichever is greater) Total Amended Amount: RENEWALS: Council approval is not required when exercising an $ option to renew that is provided in the original contract. Summary of Scope: Construction support services for the Birch Point Collaborative Drainage System Repair project. Term of Contract: Expiration Date: 12/31/16 Contract Routing: 1. Prepared by: DB 2. Attorney signofi Daniel L. Gibson 3. AS Finance reviewed: bbennett 4. IT reviewed (if IT related): 5. Contractor signed: 6. Submitted to Exec.: 7. Council approved (if necessary): 8. Executive signed: 9. Original to Council: _ v2.o Date: 6/17/16 Date: 06123116 Date: 6/24/16 Date: Date: 6 Date: - Date: Date: Date: 177 Whatcom County Contract No. 016 6 7004 CONTRACT FOR SERVICES Birch Point Collaborative Drainage Repair project Amorterra Engineering & Consulting, LLC Amorterra Engineering & Consulting LLC , hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 7 , Exhibit A (Scope of Work), pp. 9 to 13 , Exhibit B (Compensation), pp.14 to , Ex1,u{uu;f C /I CeI tlfill catev vf 1nn,s wranocn\ . 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 12th day of July , 2016, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31 st day of December , 2016. The general purpose or objective of this Agreement is to: provide construction support services for the Birch Point Collaborative Drainage Repair project, 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 $39,930.00 . 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 ha a been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this da of J a ' , 2016_. p 9 — Y CONTRACTOR: Amorterra Engineering & Consulting, LLC Gabe Ng, -OE, P incipal En eer 4Z STATE OF WASHINGTON ) COUNTY OF ) On this_ day of ` 2016, before me personally appeared Gabe Ng to me known to be the Principal Engineer of Amorterra Engineering & Consulting, LLC, and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NQTAR PUB nd for the §ate of Washington, re i in a LYN/v My commission expires 1 9 A Lu:o 0TAR %0 °Q WA Contract for Services - 2016 Birch Pt Collaborative Drainage - Amorterra v 1.0 Page 1 178 WHATCOM COUNTY: Recommended for Approval: a' G, `s 7 i Jon Hutchings, Pu f orks Director Date Approved as to form: Dan Gibson, Chief Civil Deputy Prosecutor Date Approved: Accepted for Whatcom County: By: Jack Louws, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 2016, before me personally appeared Jack Louws, 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. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires CONTRACTOR INFORMATION: Amorterra , LLC Gabe Ng, PE, Principal Engineer Address: PO Box 1253 Bellingham, WA 98227 Contact Name: Gabe Ng, PE, Principal Engineer Contact Phone: Phone: 206-718-5252 Contact FAX: Contact Email: Email: gng@amorterra.com Contract for Services - 2016 Birch Pt Collaborative Drainage - Amorterra Page 2 v 1.0 179 GENERAL CONDITIONS Series 00-09: Provisions Related to Scope and Nature of Services 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: Not Applicable 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 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. Contract for Services - 2016 Birch Pt Collaborative Drainage - Amorterra v 1.0 Page 3 m 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 cet forth in a nntire to the r.nntrartnr of the artinn renidred and/nr the amniint rp.mired to mire anv 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: Not Applicable 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. 31.1 Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection with performance of this Agreement, shall be the sole and absolute property of the County. 31.2 Patent/Copyright Infringement: Not Applicable 32.1 Confidentiality: Not Applicable Contract for Services - 2016 Birch Pt Collaborative Drainage - Amorterra Page 4 v 1.0 181 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 insurance with the following minimums: 1) Commercial General Liability coverage -- a) Property Damage - $500,000.00 per occurrence b) General Liability & Bodily injury- $1,000,000.00 per occurrence. A Certificate of insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". This insurance shall be considered as primary and non-contributory, and shall waive all rights of subrogation. The County insurance shall not serve as a source of contribution. 2) Professional Liability - $1,000,000 per occurrence: If the professional liability insurance is a claims made policy, and should the contractor discontinue coverage either during the term of this contract or within three years of completion, the contractor agrees to purchase tail coverage for a minimum of three years from the completion date of this contract or any amendment to this contract. 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 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. In case of damages caused by the concurrent negligence of Contractor, its subcontractors, its successors or assigns, or its agents, servants, or employees, and the County, its appointed or elected officers, employees or their agents, then this indemnification provision is enforceable only to the extent of the negligence of the Contractor, its agents, or its 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. The parties specifically agree that this agreement is for the benefit of the parties only and this agreement shall create no rights in any third party. 35.1 Non -Discrimination in Employment: 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. Contract for Services - 2016 Birch Pt Collaborative Drainage - Amorterra v 1.0 Page 5 182 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-Disrriminatinn in pliant Geryirec- Nnt Arnrnlirahle 36.1 Waiver of Noncompetition: Not Applicable 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: Kraig Olason, Stormwater Senior Planner — 322 N. Commercial St. Bellingham, WA 98225 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: Not Applicable 38.2 Certification RegardingFederalDebarment Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: Not Applicable 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 Contract for Services - 2016 Birch Pt Collaborative Drainage - Amorterra Page 6 v 1.0 183 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 (^nntrar_.tnr Commitment - Warranties and Representations: Not Applicahle 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. b. Notice of Potential Claims: 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. 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: Contract for Services - 2016 Birch Pt Collaborative Drainage - Amorterra v 1.0 Page 7 He 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 - 2016 Birch Pt Collaborative Drainage - Amorterra Page 8 v 1.0 185 amorterra EXHIBIT "A" (Scope of Work) Birch Point Collaborative Drainage System Repair Project Construction Services provided by Amorterra Engineering & Consulting, LLC May 19 9n1 F BACKGROUND Major storm events in 2005, 2010, and 2012 have resulted in water overtopping Semiahmoo Drive. These events contributed in varying measure, depending upon the event, to landslides on the high bluff and damage to homes and/or structures on leased Washington State Dept. of Natural Resources (DNR) property. Land ownership in this area is a mixture of privately -owned land, DNR-owned land leased to local residents, and County -owned property. Local land owners and DNR representatives contacted the Birch Bay Watershed and Aquatic Resources Management (BBWARM) District requesting its assistance in developing a solution to this flooding problem. SCOPE OF WORK Description of Project The existing cross culvert across Semiahmoo Drive and the head -works and pipe to the beach are unable to convey large storm events. This results in local flooding and exacerbates the instability of the "feeder bluffs" adjacent to the beach. Over time, repeated flooding may not only damage private property but could affect the stability of Semiahmoo Drive. Significant landslides can create water quality problems for Contract for Services - 2016 Birch Pt Collaborative Drainage - Amorterra v 1.0 Page 9 io Semiahmoo Bay. The proposed system conveys water from about 240 acres east of Semiahmoo Drive to a cross culvert under Semiahmoo Drive where it crosses private property and outlets to Semiahmoo Bay. Frequent floods during high rainfall events have caused damage to downstream properties and ponding over Semiahmoo Drive. The repair involves installing an improved inlet on the east side of Semiahmoo Drive, upsizing the cross culvert under Semiahmoo Drive and installing a new outlet pipe to the beach. The system repair/upgrade is proposed for construction during August 2016. Basis for Scone of Work This scope of work is for the construction phase and post -construction phase of the Birch Point Collaborative Drainage System Repair Project. The project includes a new inlet, upsized cross culvert under Semiahmoo Drive, new conveyance system to the beach, and restoration of disturbed areas through pavement and gravel surfacing or lawn placement or landscape restoration. The work described above and in the following tasks constitutes services to be provided by Amorterra to Whatcom County. Amorterra's role is to provide construction inspection and construction engineering and management support for Whatcom County. The design engineers for the project are GeoEngineers, Inc. and Davido Consulting Group, Inc. Subtasks are described for each phase. Similar subtasks are described in the fee estimate exhibit. The following tasks include a description of the work involved and the associated deliverable(s) for each task. TASK 1: CONSTRUCTION INSPECTION SUPPORT Construction Inspection support for services during construction includes the following items: 1.1 Document pre -construction conditions by taking photos as well as develop field notes prior to construction start. Prepare electronic filing system to track photos. 1.2 Review project Plans and Specifications as well as project site to assure project understanding. 1.3 Prepare for and attend Pre -Construction meeting 1.4 Inspect work methods and products; verify compliance with PROJECT contract plans and specifications. Attend weekly construction meetings and assist with agenda preparation and review any meeting summaries for accuracy. 1.5 Inspect and document materials, quantities, sources to verify compliance with PROJECT contract plans and specifications. 1.6 Inspect and document equipment; verify compliance with approved submittals and PROJECT contract plans and specifications. 1.7 Coordinate with adjacent property owners and document correspondence and agreements. 1.8 Coordinate with utility companies and document correspondence and agreements. 1.9 Develop, maintain and share a site log listing issues, decisions and changes/resolutions to be reviewed at weekly meetings or as needed. 1.10 Assist the COUNTY with monitoring compliance with Wage Rates. 1.11 Coordinate construction survey. 1.12 Prepare Inspector's Daily Reports and Field Note Record for Drainage. Document Contractor employees and Subcontractor employees on site. Document force account work. 1.13 Verify and document permit compliance. 1.14 Develop/prepare project punch list items. Contract for Services - 2016 Birch Pt Collaborative Drainage - Amorterra Page 10 v 1.0 187 1.15 Prepare "As -Built" drawings as described in the Whatcom County As -Built / Record Drawing Policy & Procedure. Assumptions • Project construction will be completed in less than 30 working days. • Amorterra will not direct contractor work. The COUNTY will perform the following specific activities: • Perform all pre -award requirements for the contract. o ACCcpu�lv�aintail -)LCicnt of Intent, AffiucvILofv/ag�WIi L lv0 I 1U IMO. • Check Business Licenses and other requirements of bid • Check Industrial Insurance Account • Review subcontractor certification 420-004 • Final Voucher 134-146 • Weekly Payroll review • Retain and verify Certified Payrolls • Process Contractor Documentation such as RFI's, claims, correspondence outside of what can be covered by the inspector or engineer. • Assist Inspector in assuring project is in compliance with all permit conditions. Deliverables • Inspector's Daily Reports • Construction observation photos • Field Note Record for Drainage • Submissions to Design Engineers as needed • Monthly contractor pay estimates TASK 2: CONSTRUCTION ENGINEERING/MANAGEMENT SUPPORT Construction Engineering/Management support for services during construction includes engineer level and administration staff engaged in the following items: 2.1 Submittal Review and transmittal — Review and transmit up to 20 contractor submittals. Each submittal will take 1.5 hours on average to process as engineer staff and 1 hour on average as administrative staff. 2.2 RFI Review - Review up to 5 requests for information (RFI). Each RFI will take 2 hours on average to process. 2.3 Change Order (CO) Preparation - Review up to 2 change orders assisting the County with documentation, cost, and negotiation. Each CO will take 2 hours on average to process. 2.4 Direct and document force account work. Total of 17 hours for preparation, drafting and documentation and 15 hours for administration 2.5 Review inspector daily reports (IDRs) - Provide comments/concerns as applicable. Each IDR will take 1/2 hour on average to process. 2.6 Construction Kickoff meeting — At least one consultant representatives will attend a construction kick-off meeting. Total of 4 hours for preparation, attendance and follow-up. Contract for Services - 2016 Birch Pt Collaborative Drainage - Amorterra v 1.0 Page 11 um 2.7 Onsite Meetings - At least one consultant representative will attend 5 onsite meetings with Whatcom County and Contractor staff. The schedule of the meeting will be determined during the construction period. Each meeting will take 3 hours for preparation of agenda, attendance, meeting minutes and follow-up on average. 2.8 Phone Meetings - At least one consultant representative will participate by phone in 4 meetings with Whatcom County and Contractor staff. The schedule of the meeting will be determined during the construction period. Each meeting will take 2 hours for preparation, attendance and follow-up on average. 2.9 Construction close-out meeting - At least one consultant representative will attend a construction ciose-out meeting. The consultant will review and provide comment on the punch -list developed by Whatcom County or the project inspector. Total of 6 hours for preparation, attendance and follow- up. 2.10 Administration Assistance — Support County staff in project file management, confirming labor rates, equipment rates, pay estimates and meeting with County staff to coordinate consultant processes, policies and procedures with County requirements. Assumptions • All administrative coordination and contract management activities with the Contractor will be performed by Whatcom County, with the exception of onsite coordination and management of the Contractor to facilitate the progress and completion of the site work. • The process for submitting Request for Approval of Material (RAM), RFI's, and change orders, will be discussed with the Contractor at the Pre -construction meeting. • Consultant will implement a routing system for review and comments that includes the contractor and County. • Consultant will maintain a transmittal log (spreadsheet) for tracking RAMs, RFIs and other Submittals. • Reference to "Engineer" in the Project Specifications directing onsite Contractor operations during working periods are assumed to apply to primarily as the onsite engineer or Whatcom County when deemed necessary. • Whatcom County or the Engineer of Record will lead all meetings including developing the agenda and preparing meeting minutes. • The processing time for RAM, RFI responses, and change orders will be determined with input from the contractor and Whatcom County at the pre -construction meeting. • Survey services for construction staking and as -built survey will be contracted by Whatcom County and done by others. • Prepare and route pay estimates to Contractor • Obtain from the Contractor a list of labor and equipment force account rates. • Verify these rates with the Certified Payrolls and AGC Blue Book. * Amorterra will coordinate with design engineers when major changes are proposed by the contractor. • "Record Drawings" will be developed by the design engineer of record following the County's As - Built / Record Dwg Policy & Procedure. In addition, no bubbles/clouds and no strike outs shall be used. Record Drawings shall show all final as constructed final dimensions. Contract for Services - 2016 Birch Pt Collaborative Drainage - Amorterra Page 12 v 1.0 We Deliverables • Review up to 20 contractor submittals for 34 bid items. • Review up to 5 RFI submittals. • Process and document up to 2 change orders. • Review and comment (as appropriate) on up to 30 daily inspector reports. + Attend one construction kick-off meeting. • Attend up to 4 on -site construction coordination meetings. • Participate by phone in up to 4 construction coordination meetings. All +.-....+' +.-....�..,.'++.,In i-! hmi++.�Ic dill he ��� orl olon+rnn holly in nn nrnnni�i=A Minn ex etem P'�II l•VIIJ LI UV IIoII 11 all�lll ltlals a11U 0U&J1111l1GIJ VV111 K.1� o"V-U �,I�.vil vlli-_ Y 111 ull v1yu111Lvu I.....y �v which will be delivered to the County at contract completion. • Attend one construction close-out meeting and a list of punch list items based on visual inspection. • "As -Built" drawings in PDF format • Develop draft monthly contractor pay estimates — up to 3 TASK 3: PROJECT MANAGEMENT Project Management for services during construction includes the following items: 3.1 Provide ongoing daily project management and coordination with the County staff. Correspondence includes emails, letters, transmittals, and telephone conversations not otherwise covered in other tasks. 3.2 Prepare monthly progress reports which include a summary table comparing amount expended and remaining budget. 3.3 Coordinate labor, meeting key scheduling milestones and maintaining budget. Deliverables • Monthly invoices and progress reports. SCHEDULE AND BUDGET Construction and post -construction phase services will be completed in a timely fashion as needed to keep the construction on schedule for anticipated substantial completion date of September 16, 2016 and a contract completion date of December 31, 2016. The attached Exhibit B (spreadsheet) gives the basis for the not -to -exceed estimate of $39,930 for these services. Budget Narrative Contract amounts shall not exceed the total budget referenced (above). As consideration for services provided in Exhibit A, Scope of Work, the County agrees to compensate the contractor according to the hourly rates provided in the project budget (Exhibit B). Other reasonable expenses incurred in the course of performing the duties herein shall be reimbursed including mileage at the current IRS rate. Lodging and per diem shall not exceed the GSA rate for the location where services are provided. Other expenditures such as printing, postage, and telephone charges shall be reimbursed at actual cost plus 10%. Expense reimbursement requests must be accompanied by copies of paid invoices. Costs of alcoholic beverages are not eligible for reimbursement. Reimbursement for air travel (if applicable) will be at coach rates. Any work performed prior to the effective date or continuing after the completion date of the contract, unless otherwise agreed upon in writing, will be at the contractor's expense Contract for Services - 2016 Birch Pt Collaborative Drainage - Amorterra v 1.0 Page 13 190 IEXHIBIT "B" Job No. 201608 Client: W hatcom County Birch Point Collaborative Job Name: Drainage System Repair Project Date: 6/23/2016 w W u.i Z Z O Z U - i— W Z W Z Z Q F- W z UJ W U Zui Z= Z � Z Z W 0 _ d. W W W F- <t Total Cost Task Task Description 1 I CONSTRUCTION INSPECTION 1 .1 Document Pre -construction Conditions 8 8 $640 1 .2 Review Project Plans & Specs 4 4 $320 1 .3 Prepare and Attend Pre -Construction Meeting4 4 $320 1 A Inspect Work Methods and Product & WeeklyMeetings 8 8 $640 1 .5 Inspect Materials; VerifyCompliance with Project 12 12 $960 1 .6 Inspect Equipment; VerifyCompliance with Project 8 8 $640 1 .7 Coordination with adjacent Property Owners 16 16 $1 280 1 .8 Coordination with UtilityCompanies 10 10 $800 1 .9 Developand Maintain Site Log4 8 12 $1 060 1 .10 Assist Countywith Wage Rates 2 2 $160 1 .11 Coordinate Construction Survey 4 4 $320 1 .12 Prepare Inspection Correspondence, Records and Reports 160 160 $12 800 1 .13 Verify & Document Permit Compliance 2 2 $160 1 .14 Develop/Prepare Punch List 4 4 $320 1 .15 Prepare As Built Drawings 4 8 12 $1,060 Subtotalsl 0 1 0 8 258 06t3 21 CONSTRUCTION ENGINEERINGIMANAGEMENT SUPPORT 2 .1 Submittal Review 30 15 45 $3 975 2 .2 RFI Review 10 4 14 $1 270 7.3 Change Order Preparation 4 6 10 $750 2 .4 Direct and Document Force Account Work 15 15 30 $2 400 2 .5 Review Daily inspector Reports 15 15 $1 575 2 .6 Construction Kickoff meeting 5 1 5 $525 2 .7 Onsite Meetings 15 15 1 $1 575 2 .8 Phone Meetings 8 8 $840 2 .9 Construction Close out Meeting 8 8 $840 2710 lAdministration Assistance 40 40 $2,200 Subtotalsi 0 1 0 1 110 1 0 1 80 190 $15 JSt 3 PROJECT MANAGEMENT 3 .1 Coordination and Correspondence with Project Team 8 8 $1 000 3 .2 monthly Progress Reports and Invoicing 4 4 $500 3 .3 Coordinate Labor, Milestone and Budget 8 8 $1 000 Subtotals 0 20 0 0 0 0 ., ; ' ,. $2, , 0, Contract for Services - 2016 Birch Pt Collaborative Drainage - Amorterra Page 14 v 1.0 191 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 6/23/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCERFAX Michael J Hall &Company 19660 10th Ave NE Poulsbo WA 98370 CONTACT NAME: -- - ----- - ---- A CONNo Ext :360-598-3700 ! (A/C, No): E-MAIL ADDREss:certificates�a hallandcompang.com,__..____.__--_____-___,___.__________-__ ER(S)AFFORDING COVERAGE______,_-NAIC # INSURER A :NAVIGATORS_. INSURANCE COMPANY INSURED AMORLLC-01 INSURER B:RLI INSURANCE_COMPANY_.._.__....__ .I't 056_-_...-._ INSURER C : - -� AmorTerra LLC 4681 Bedford Ave Bellingham WA 9822E INSURER D : j —------------ -- --- — — --- -- --r _ _ ___ _ INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 1476574463 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR -TYPE OF INSURANCE .- - INSR �WVDI-----�-POLICY NUMBER---- MOLICYEFF MMIDD/YYYY -� ---- --� -- -------_--- INSR ADDUSUBR POLICY EFF POLICY EXP LIMITS B GENERAL LIABILITY PSB0003975 11/6/2015 11/6/2016 !EACH OCCURRENCE $1,000,000 - — -- -- X COMMERCIAL GENELIABILITY DAMAGE TO RENTED CGENERAL 1 __ � � � � j PREMISES(,Eaoccprrenc� �$1,000,000 CLAIMS -MADE 'X- OCCUR ! I J_M_EDEXP(Any one _per son) X r XCU/BFPD/OCP- PERSONAL & ADV INJURY I $1,000,000 _ !!—X� Separation Insds LG - GENERAL AGGREGATE $2,000,000 J --------------- i —------- - GEN'L AGGREGATE LIMIT APPLIES PER: •!� PRODUCTS - COMP/OP AGG -$2,000,000 POLICY IX I PRO- LOC ------ --------------�• $ ------ JECT B ;AUTOMOBILE LIABILITY 11/6/2015 11/6/2016 PSB0003975 (EaaccidenlZ__ -_ - _ $1,000,000 _ ! ! BODILY INJURY (Per person) + $ i ANY AUTO _ ! f so_ �i ALL OWNED_._ SCHEDULED BODILY ILYINJURY(Peraccident)1 $ _ AUTOS �_; AUTOS - _ X HIRED AUTO SX ;NON -OWNED PROPERTY DAMAGE _ $ AUTOS is UMBRELLA LIAB OCCUR C - EACH OCCURRENCE is _ .. EXCESS LIAB 1 , CLAIMS MADE i AGGREGATE ._ ___,_- $ _. ------- ---__ .---- � ----- --_-..------- -- --___- DEDI RETENTION$ $ g WORKERS COMPENSATION PSB0003975 i 1116I2015 > 11/6/2016iX I WC STATU- OTH WA Stop Ga AND EMPLOYERS' LIABILITY Y! N TORY LIMITS .__._._ER -__-- P P________ ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? a N ! Al---- ----- ----- (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under .__--- DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT I $2,000 000 A Professional Liab;Claims Made CM15DPLO419391V 11116/2015 ; 11/6/2016 1$1,000,000 Per Claim I$2,000,000 Aggregate i I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder is/are an Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured. The Commercial General Liability insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance. A waiver of subrogation applies to the Commercial General Liability, Auto Liability and WA Stop Gap / Employers Liability in favor of the Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Whatcom County Public Works THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 322 N. Commercial Street, Suite 301 ACCORDANCE WITH THE POLICY PROVISIONS. Bellingham WA 98225-4042 United States AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION, All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE 111.1.11192 -_. Policy Number: RLI Insurance Company Named Insured: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. rJaf Ass �A N 24 4w, 001111 Rik 4 M1, i, This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II -- LIABILITY C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product -completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION III H.2. Other Insurance -- COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an PPB 304 02 12 additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION 11 — LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of 'your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Page 1 of 1 193 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-227 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: D 6/28/16 - (\)��� 'nJ ,, JU0 5 2016 TC C C COUNCIL 7/12/16 Finance /Council Division Head:JULDept. Head: CD /� Prosecutor: fta� 2� l (�% Purchasing/Budget:MA tl lfze Executive: TITLE OF Contract for Services Agreement — Building Assessment Studies and Cost Estimates for1p,21fal Improvements at the Jail (Public Safety Building) and Work Center. ATTACHMENTS: Proposed Contract Documents 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.) COMMITTEEACTION. 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.wh(itcotii.wa.u,,,vlcoitticil. 194 WHATC®M COUNTY ADMINISTRATIVE SEVICES Whatcom County Courthouse 311 Grand Ave, Suite 108 Bellingham, WA 98225-4083 MEMO TO: Jack Louws, County Executive FROM: Michael Russell, Facilities Manager FACILITIES MANAGEMENT 316 Lottie Street Bellingham, WA 98225-4010 Phone: 360.778-5360 Fax: 360.778-5361 Facilities@co.whatcom.wa.us MICHAEL RiUSSELL Facilities Manager DATE: June 29, 2016 E: Contract for Services Agreement — Building Assessment Studies and Cost Estimates for Capital Improvements at the Jail (Public Safety Building) and Work Center. Attached are two (2) originals of the contract for the Contract for Services Agreement — Building Assessment Studies and Cost Estimates for Capital Improvements at the Jail (Public Safety Building) and Work Center between Whatcom County and design2LAST, inc. for your review and signature. a Background and Purpose This contract is to provide building assessment services for the Jail and Work Center buildings, including verification of existing facility conditions and configurations, structural integrity analysis, define any upgrades required for Code Compliances, and determine work required to safely and efficiently operate the facilities prior to the existing jail being replaced. Funding Amount and Source Funding amount needed for this contract is $151,882.94. This contract funding is provided through the Jail Improvement Fund. Differences from Previous Contract This project is a one-time agreement. Please contact Michael Russell at extension 5365, if you have any questions or concerns regarding the terms of this agreement. Enclosures 195 WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORAUTION SHEET a 0 1(,e ®-7 0 0 5' Originating De artment: Facilities Management Contract or Grant Administrator: Michael Russell Contractor's / Agency Name: Clesign2LAST, inc. Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No Yes ® No ❑ If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: Does contract require Council Approval? Yes ® No ❑ If No, include WCC: (see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes ❑ No ® If yes, grantor agency contract number(s): CFDA#: Is this contract grant funded? Yes ❑ No ❑ If yes, Whatcom County grant contract number(s): Is this contract the result of a RFP or Bid process? Contract Yes ® No ❑ If yes, RFP and Bid number(s): 16-13 Cost Center: 337100 Is this agreement excluded from E-Verify? No ® Yes ❑ If no, include Attachment D Contractor Declaration form. If YES, indicate exclusion(s) below: ® Professional services agreement for certified/licensed professional. ❑ Contract work is for less than $100,000. ❑ Contract for Commercial off the shelf items (COTS). ❑ Contract work is for less than 120 days. ❑ Work related subcontract less than $25,000. ❑ Interlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA. Contract Amount:(sum of original contract amount and any Contracts that require Council Approval (incl. agenda bill & memo) prior amendments): $ 151,882.94 • Professional Services Agreement above $20,000. This Amendment Amount: • Bid is more than $50,000. . Amendments that have either an increase greater than 10% or $ provide a $10,000 increase in amount (whichever is greater) Total Amended Amount: RENEWALS: Council approval is not required when exercising an $ '151,882.94 option to renew that is provided in the original contract. Summary of Scope: This contract between Whatcom County and design2LAST, inc. is for the Contract for Services Agreement, Building Assessment Studies and Cost Estimates for Capital Improvements at the Jail (Public Safety Building) and Work Center, in the amount of $151,882.94 Term of Contract: Expiration Date: Contract Routing: 1. Prepared by: Dee Ebergsonv� Date: 6/28/16 2. Attorney signoff. Date: 3. AS Finance reviewed: Date:. 4. IT reviewed (if IT related): Date: 5. Contractor signed: Date: 6. Submitted to Exec.: Date: 6, 0--16 . 7. Council approved (if necessary): Date: 8. Executive signed: Date: 9. Original to Council: Date: Last Edited 060414 196 'WHATCOM COUNTY 5 of lip I design2LAST, inc, hereinafter called Designer, and Whatcorn County, hereinafter referred to as County (hereinafter also referred to as Owner), agree and contract as set forth in this Agreement, including: General Conditions, pp. 1 to 21, Exhibit A (Scope of Work), pp. 22 to 25, Exhibit B (Compensation), pp. 26 to 54 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 following the issuance of a notice to proceed, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31 day of, December, 2017. The purpose or objective of this Agreement is to provide planning, design, and construction administration for the Building Assessment Studies and Cost Estimates for Capital Improvements at the Jail (Public Safety Building) and Work Center 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 Designer is to perform all necessary design services for the Project as set forth in the Agreement between Owner and Designer. Designer, through itself and its Design Consultants, has agreed to provide such architectural, engineering, and other services required by this Agreement and the other Contract Documents ("Services"). The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $151,882.94. The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Designer acknowledges and by signing this contract agrees that the Insurance provisions contained in this Agreement, and Indemnification provisions set forth in Paragraphs and subsections of 9.1 and 9.2. 7.1 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 oraL--, 2016. DESIGNER: design2LASY, inc. Lam Strauss, AIA LEED AP BD&C, President & CEO STATE OF WASHINGTON ) ) ss. COUNTY OF ) y`"�to iYtlf�'! On this day of _ , 2016, before me personally appeared Lauri Strauss to me known to be the President & CEO of deJkn2LAST, inc. and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. ®® 011 ®' 111/4 Cp ®®� ,� ,�. • .•�s ory E.p,�•® NO ARY PU IC in and for the State of Washington, residing ® NOTARY (Pooat AV W •► `" My mmission e piresPUBLIC Z P 4 ®® ®.••o°° General Conditions Contract for Desidil design2LAST, inc. and WHATCOM CO v 1.0 Page 1 197 WHATCOM COUNTY: Approved as to form: By: ! im 1 1 Prosecuting A to ey , Date Approved: Accepted for Whatcom County: :3 Jack Louws, Whatcom County Executive STATE OF WASHINGTON ) ss COUNTY OF WHATCOM ) On this day of 2016, before me personally appeared JACK LOUWS, 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. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires DESIGNER INFORMATION: design2LAST, inc. Address Design2LAST, inc. 543 Main Street, Suite 101 Edmonds, WA 98020 Contact Name: Lauri Strauss, AIA LEED AP BD&C, President & CEO Contact Phone: (426) 673-7269 General Conditions Contract for Design Services Agreement design2LAST, inc. and WHATCOM COUNTY v to Page 2 us GENERAL CONDITIONS CONTRACT FOR DESIGN SERVICES 1.1.1 Scope of Services: The Designer agrees to provide to the County professional 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. The intent of the drawings and specifications is to include all items necessary for the proper execution and completion of the project: Included in the base fees are Construction Document Services, Bidding Phase, Construction Contract Administration Phase, and Closeout Services. 1.2.1 Terms used in this Agreement shall have the meanings set forth unless otherwise provided herein, with the following specific terms defined as follows: .1 Additional Services refers to those services identified in Section 2.8 hereof. .2 Agreement refers to this executed contract between Owner and Designer. .3 Construction Phase Services refers to those services identified in Section 2.7 hereof. .4 Day or Days shall mean calendar days unless otherwise specifically noted in the Contract Documents. .5 Design Consultant is a qualified, licensed design professional who is not an employee of Designer, but is retained by Designer, or employed or retained by anyone under contract with Designer, to furnish design services required under the Contract Documents. .6 Design Phase Services refers to those services set forth in Sections 2.5 and 2.6 hereof. .7 Design Schedule refers to the schedule setting forth the dates by which Designer must perform the various Services required herein, consistent with the Project Schedule. .8 Designer's Fee shall refer to the compensation due Designer for the performance of the Services as set forth herein. .9 Hazardous Conditions are any materials, wastes, substances and chemicals deemed to be hazardous under applicable Legal Requirements, or the handling, storage, remediation, or disposal of which are regulated by applicable Legal Requirements. .10 Legal Requirements are all applicable federal, state and local laws, codes, ordinances, rules, regulations, orders and decrees of any government or quasi -government entity having jurisdiction over the Project or Site, or any Services. .11 Owner's Project Criteria are developed by or for Owner to describe Owner's program, requirements and objectives for the Project, including use, space, price, time, site and expandability requirements, as well as submittal requirements and other requirements. Owner's Project Criteria may include conceptual documents, design criteria, performance requirements and other Project -specific technical materials and requirements. .12 Project Schedule refers to the schedule setting forth the dates by which the various stages of both the design and construction of the Project must be performed so as to satisfy Designer's or any Contractors'obligations to Owner. General Conditions Contract for Design Services Agreement design2LAST, inc. and WHATCOM COUNTY v 1.0 Page 3 199 .13 Site is the land or premises on which the Project is located. .14 Designer is any person or entity retained by Owner as an independent Designer to perform a portion of the design work for the Project. .15 Sub -Consultant is any person or entity retained by a Designer as an independent Designer to perform any portion of the Designer's work and shall include materialmen and suppliers. .16 Substantial Completion is the date on which the Project, or an agreed upon portion of the Project, is sufficiently complete so that Owner can occupy and use the Project or a portion thereof for its intended purposes. .17 Services shall include all Design Phase Services, Construction Phase Services and Additional Services required by the Contract Documents or as may be authorized in writing by Owner. 1.3 Contract Documents 1.3.1 The Contract Documents, in addition to this Agreement, are comprised of the following: .1 All written modifications, amendments and change orders to this Agreement; .2 This Agreement, including all exhibits and attachments, executed by Owner and Designer; .3 Written Supplementary Conditions, if any, executed by Owner and Designer; .4 The design Schedule; 1.3.2 The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted consistent with construction and design industry standards. In the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents, this Agreement shall take precedence. 2.1 Services Required of Designer 2.1.1 Designer shall, consistent with applicable state licensing laws, provide the Services, including architectural, engineering and other design professional services, as described in this Agreement and in accordance with the Contract Documents. Designer agrees that such Services shall be provided through qualified, licensed (when required) design professionals who are either (i) employed by Designer or (ii) procured by Designer from qualified, licensed Design Consultants 2.1.2 Designer shall not engage the services of any Design Consultant without first obtaining the approval of Owner, which approval shall not be unreasonably withheld. Designer agrees that each Design Consultant shall be fully bound to Designer in the same manner as Designer is bound to Owner for all the requirements of the Contract Documents to the extent applicable to the Design Consultant's scope of services. Designer shall at all times be responsible for the services performed by its Design Consultants, and shall coordinate the services of its Design Consultants to satisfy Designer's obligations under the Contract Documents. Nothing in this Agreement shall relieve Designer from responsibility for the services performed by its Design Consultants, or create any legal or contractual relationship between Owner and any Design Consultant. 2.1.3 If Owner contracts for other design work on the Project with separate design professionals under Owner's control, Designer agrees to reasonably cooperate and coordinate its activities with those of such separate design professionals. General Conditions Contract for Design Services Agreement design2LAST, inc. and WHATCOM COUNTY v 1.0 Page 4 200 2.1.4 Designer shall only communicate with Owner, Contractor, Owner's Consultants, or Sub -Consultants through Owner unless the parties agree otherwise 2.1.5 Within seven (7) days after execution of this Agreement, Owner and Designer will meet to discuss issues affecting the administration of the Services and to implement the necessary procedures, including but not limited to those relating to the schedule for the Services, schedule updates, review of submittals, and payment, to facilitate the ability of the parties to perform their obligations under the Contract Documents and allow Designer to meet its obligations to design the Project consistent with the Contract Documents, without compromising any professional obligations of Designer. 2.2 Standard of Care 2.2.1 The standard of care for all design professional services performed by Designer and its Design Consultants pursuant to this Agreement shall be the care and skill ordinarily used by members of the design profession practicing under similar conditions at the same time and locality of the Project. 2.3 Legal Reg girements 2.3.1 Designer agrees to perform the Services in accordance with all applicable Legal, regulatory, and code Requirements in effect at the time of performing Services. 2.3.2 Designer's Fee and/or the Design Schedule shall be adjusted to compensate Designer for the effects, if any, of any changes in the Legal Requirements enacted after the date of the Agreement or arising from interpretations made by the Authority Having Jurisdiction (AHJ) during the course of the project affecting the performance of the Services. Such effects may include, without limitation, revisions Designer is required to make to the Construction Documents because of changes in Legal Requirements. 2.4 Key Personnel 2.4.1 Designer agrees that the Key Personnel assigned to perform the Services shall be as listed in paragraph 2.4.2 below. Designer shall not change such personnel without prior written approval by the Owner. 2.4.2 Key Personnel. The following individuals/positions are considered KEY PERSONNEL as per RFQ proposal. 2.5 Permits and Approvals 2.5.1 Designer shall provide reasonable assistance to Owner in obtaining any permits, approvals, and licenses which are not Designer's obligation to obtain, but which are required for the construction of the Project. 2.5.2 Designer shall make any revisions to the Construction Documents reasonably necessary to secure permits, approvals, and licenses, including those which have been denied for failure of the Construction Documents to meet Legal Requirements. If such revisions are necessary for reasons beyond the control of Designer or its Design Consultants, Designer shall be compensated for such revisions as a change to this Agreement. 2.6 Design Services 2.6.1 In accordance with the times set forth in the Design Schedule, Designer shall submit to Owner all interim design submissions and revisions required. Such design submissions shall be in the form and quantity called for in the Contract Documents and may include design criteria, drawings, diagrams and specifications setting forth the Project requirements. Owner and Designer agree that prior to the scheduled date for submitting all design submissions to Owner, Owner and Designer will hold meetings for the purpose of discussing and monitoring the General Conditions Contract for Design Services Agreement design2LAST, inc. and WHATCOM COUNTY v 1.0 Page 5 201 design for consistency with the requirements of the Contract Documents, as well as Owner's pricing and other assumptions. 2.6.2 In accordance with the Contract Documents and the times set forth in the Design Schedule, Designer shall submit to Owner Construction Documents setting forth in detail drawings and specifications describing the requirements for construction of the Project. Designer shall perform agreed upon revisions and submit revised Construction Documents to Owner for Owner's approval Timely and in accordance with the project construction schedule. The Construction Documents shall be consistent with the latest set of interim design submissions; as such submissions may have been modified in a design review meeting. Designer shall provide the Construction Documents in the form and quantity called for in the Contract Documents; actual costs plus pass through charges for the printing of these submission documents shall be paid for as a reimbursable expense. 2.6.3 Designer shall attend and participate in such meetings as are held between Owner and Contractor to discuss interim design submissions and the Construction Documents. If requested, Designer shall identify during such meetings, among other things, the evolution of the design and any significant changes or deviations from the Contract Documents, or, if applicable, previously submitted design submissions. Minutes of the meetings will be prepared and maintained by Designer and provided to all attendees for review. 2.6.4 In addition to the interim design submissions and the Construction Documents, Designer shall, if requested by Owner, prepare interim design submissions and Construction Documents the parties agree are required to permit commencement of construction on a portion of the Project before the entire Construction Documents for the Project are completed. 2.6.5 Owner's approvals of interim design submissions and the Construction Documents are for the purpose of mutually establishing a conformed set of Construction Documents compatible with the requirements of the Contract Documents. 2.6.6 Designer will, at its own cost, revise any interim design submission or the Construction Documents to correct any of its errors, mistakes or omissions. Designer shall also design to an Owner -defined Design Budget and, at its own cost, make such revisions as are required to achieve such budget, so long as the intended design can be accomplished for such budget meeting the Owner's program and sustainability criteria. Any and all such revisions required of this paragraph shall be performed timely and so as not to jeopardize the Design Schedule and/or the Project Schedule. 2.6.7 For purposes of this Agreement, the Construction Cost of Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Designer and shall include Contractors' general conditions costs, overhead and profit, and state sales tax. The Cost of the Work does not include the compensation of the Designer, the costs of the FF&E, permitting costs, financing, necessary contingencies for changes in the Work or other costs that are the responsibility of the Owner. 2.6.8 The Owner's budget for the Cost of the Work shall be provided for the Designer and may be adjusted throughout the Project as required to meet the programmed needs. Evaluations of the Owner's budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Designer, represent the Designer's judgment as a design professional. It is recognized, however, that neither the Designer nor the Owner has control over the cost of labor, materials or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market or negotiating conditions. The Designer cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Designer. 2.6.9 In preparing estimates of the Cost of Work, with prior written consent of Owner, the Designer shall be permitted to include contingencies for design, bidding and price escalation; to determine, after consulting with and gaining approval of Owner, what materials, equipment, component systems and types of construction are to be included General Conditions Contract for Design Services Agreement design2LAST, inc. and WHATCOM COUNTY v 1.0 Page 6 202 in the Contract Documents; with Owners prior written consent, to make reasonable adjustments in the program scope of the Project; and with the written consent of Owner, to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Designer's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requests undesignated or special cost estimating services, the Designer shall provide such services as an Additional Service. 2.6.10 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall, at its sole and absolute discretion, .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate services .4 in consultation with the Designer, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .5 implement any other mutually acceptable alternative. 2.6.11 If the Owner chooses to proceed under Section 2.6.10.4 the Designer, without additional compensation shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 2.6.10.1. 2.7 Construction Phase Services 2.7.1 Designer during the bidding phase, shall prepare required addenda, clarifications and responses to questions involving the bidding documents. 2.7.2 Designer shall timely provide requested clarifications and interpretations of the Construction Documents (often referred to as "RFI's"), which shall be consistent with the intent of, and reasonably inferable from, the Contract Documents. Designer shall make all revisions to the Construction Documents necessary to reflect the clarifications in response to BFI's for the proper construction of the Project 2.7.3 Designer shall review and, take appropriate action on submittals, including shop drawings, product data and samples, as may be required by the Construction Documents or as reasonably required by the Owner so as to authorize the Contractor to proceed with fabrication or installation. Designer shall expeditiously inform Owner of any revisions that are necessary as a condition to Designer's actions on submittals. The time within which Designer shall Review and respond to submittals will be as established at the meeting required by Section 2.1.5 hereof. Designer's review shall not relieve Contractor of responsibility for construction means and methods, or safety precautions. Except for performance based specification submittals, Designer's review will not constitute a change from the design shown in the Construction Documents unless the change is expressly noted as a change to the Construction Documents by clouding in the submittal. 2.7.4 Designer shall review, and if acceptable, with the consent of Owner, take appropriate action upon, any substitutions for materials or equipment proposed by Contractor. 2.7.5 Designer shall, if requested by Owner, review any inspection reports or tests involving the construction of the Project and provide its comments to Owner. Designer is not responsible for the accuracy or completeness of the tests or inspections. 2.7.6 Designer shall at appropriate intervals visit the Site to determine in general if the construction is proceeding in accordance with the Construction Documents. Designer shall promptly notify Owner of any defects, deficiencies, deviations, omissions, or violations observed by Designer in the construction of the Project, and make recommendations to Owner on how to proceed. Designer and Designer's consultants shall visit the Site an average of once per month, or as otherwise provided in Exhibit A, Scope of Work during the period of construction, or more as necessary to perform their professional duties under this Agreement. General Conditions Contract for Design Services Agreement design2LAST, inc. and WHATCOM COUNTY v 1.0 Page 7 203 2.7.7 Designer shall attend meetings with Owner, Contractors, and Consultants to discuss design issues which may arise during construction. 2.7.8 Designer shall provide such certifications as may be necessary relative to Substantial, or Final Completion and Acceptance of the work. 2.7.9 Designer's provision of the Construction Phase Services shall not be construed to make Designer responsible for (i) the acts or omissions of Contractor, or any Sub -Contractors, (ii) the means, methods, sequences, and techniques of construction of the Project or (iii) safety precautions and programs in connection with the construction of the Project. Nothing in this Agreement shall create any duties to or legal or contractual relationship between Designer and any Contractor or Subcontractor. If the Owner authorizes deviations from the documents prepared by the Designer or its Consultants without written agreement of the Designer, the Owner shall indemnify, defend and hold harmless the Designer, its Consultants and their respective agents and employees from and against claims, damages, losses and expenses, arising out of or resulting from such deviations. 2.8 Additional Services 2.8.1 Additional Services, if any, agreed upon by the parties shall be compensated as set forth in Exhibit A or in a written amendment to this Agreement. Additional Services are those services not specifically described as part of Services in this Agreement. Additional Services include, without limitation, making revisions to documents due to adjustments in the program, project budget, enactment of revisions to codes subsequent to the preparation of such documents and providing services required due to significant changes in the Project including, but not limited to: size, quality, complexity, construction cost, schedule or method of bidding or negotiation and contracting for construction. Additional Services will not include necessary modifications or corrections that are required to correct errors, omissions, miscalculations or ambiguities to the project caused by the Designer. 2.8.2 LEED Certification. If the Owner requires that the Project utilize and meet a L.E.E.D. certification Standard, The Owner recognizes that the process of design and construction for such certification and registration has additional costs. If the stated Project Budget is unable to meet this requirement, the Owner will either provide additional budget resources to meet the intended certification requirements or will acknowledge the need to abandon the certification without fault or cost impact to the Designer's services. In the case of abandonment, due to budget constraints, the Owner will compensate the Designer for services rendered to date. INFORMATION AND RESPONSIBILITIES OF OWNER 3.1.1 Owner shall provide timely reviews and approvals of all interim design submissions and the Construction Documents consistent with the turnaround times set forth in the Design Schedule and the Owner -Contractor Agreement, or as agreed to by the parties at the meeting required under Section 2.1.5 hereof. Designer shall timely respond to Owner reviews and approvals consistent with the project schedule or as agreed to by the parties. 3.1.2 Contractor shall timely submit to Designer all submittals, including shop drawings, product data and samples, for Designer's review and action consistent with the Project Schedule, or as agreed to by the parties at the meeting required under Section 2.1.5 hereof. Timely submittal means in accordance with the times noted in the submittal schedule; (Standard two weeks for most submittals with a portion of the submittals required to be processed quicker) times to be agreed upon between Designer and Owner when appropriate. Designer will provide a schedule of items to be submitted by Owner for Designer's review. 3.1.3 Owner shall provide timely notice to Designer of any delays to the Project caused by Designer. General Conditions Contract for Design Services Agreement design2LAST, inc. and WHATCOM COUNTY v 1.0 Page 8 204 3.1.4 Owner shall provide the following information and materials to Designer, unless otherwise agreed. .1 Surveys describing the property, boundaries, topography and reference points for use during construction, including existing service and utility lines; .2 Geotechnical studies describing subsurface conditions, and other surveys describing other latent or concealed physical conditions at the Site; .3 Temporary and permanent easements, zoning and other requirements and encumbrances affecting land use, or necessary to permit the proper design and construction of the Project and enable Designer to perform the Services; .4 A legal description of the Site; .5 As -built and record drawings of any existing structures at the Site; .6 Environmental studies, reports and impact statements describing the environmental conditions, including Hazardous Conditions, in existence at the Site; .i Owner's Project Criteria developed in conjunction with Designer; .8 Test and inspection reports required for the satisfactory completion of the work as agreed between Owner and Designer. 9 A Desired Project Substantial Completion Date. 3.2 Delays in Design Services If Designer's performance of the Services are delayed for any reason so as to impact the Design Schedule or the Project Schedule, Designer shall promptly notify Owner in writing of the cause(s) of such delay within sufficient time to permit Owner to provide timely notice to Contractors or Consultants. To the extent the delay is due to any act, neglect or omission on the part of Designer, Design Consultants, or anyone for whom they are responsible, Designer shall compensate and indemnify Owner for all resulting reasonable costs and damages to Owner. If the delay is caused by Owner or others for whom Owner is responsible, the Designer's Fee and the Design Schedule shall be adjusted to compensate Designer for the effects, if any, of the delay. If the delay is caused by Owner's Contractor or other party in privity with the Owner and not the Designer, the Designer's Fee and the Design Schedule shall be adjusted to compensate Designer for the effects, if any, of the delay if and only to the extent Owner secures such compensation and time from the Contractor or other responsible party. Delays associated with errors in the Owner's cost estimating and scheduling services are not attributable to the Designer. PAYMENTS TO DESIGNER 4.1.1 Designer's Fee shall be the compensation due Designer for the performance of the Services, including all Design Phase Services, Construction Phase Services, and Additional Services, and for Reimbursable Costs, all as set forth in this Agreement. Unless otherwise provided in the Contract Documents, the Designer's Fee is deemed to include all sales, use, consumer and other taxes mandated by applicable Legal Requirements. 4.1.2 Designer will be compensated for the Design Phase Services, Construction Phase Services, Additional Services, if any, and Reimbursable Costs as set forth in Exhibit B. General Conditions Contract for Design Services Agreement design2LAST, inc. and WHATCOM COUNTY v 1.0 Page 9 205 APPLICATIONS FOR PAYMENT 5.1 General Provisions for Pavment 5.1.1 Beginning with the first month after the Date of Commencement, Designer shall submit on a monthly basis for Owner's review and approval, Designer's certified Application for Payment requesting payment for all Services performed as of the date of the Application for Payment. The Application for Payment shall be accompanied by all supporting documentation required by the Contract Documents and/or established at the meeting required by Section 2.1.5 hereof. Payment calculations are more specifically described in Exhibit B. 5.1.2 The Application for Payment shall constitute Designer's representation that (i) the Services have been performed consistent with the Contract Documents, (ii) the Services have progressed to the point indicated in the Application for Payment, (iii) Design Consultants have been paid all amounts previously received by Designer on account of their services, and (iv) there are no claims, obligations or liens outstanding or unsatisfied for labor, services, taxes, or other items performed, furnished, or incurred for or in connection with the Services. 5.1.3 Owner shall make payment on Designer's properly submitted and accurate Monthly Application for Payment within thirty (30) days after Owner's receipt. 5.1.4 At the time Designer submits its final Application for Payment to Owner, Designer shall provide (i) all deliverables required by the Contract Documents; (ii) an affidavit that there are no claims, obligations or liens outstanding or unsatisfied for or in connection with the Services which will in any way affect Owner's or Owner's interests; (iii) a general release executed by Designer waiving, upon receipt of final payment by Designer, all claims, except those claims previously made in writing to Owner and remaining unsettled at the time of final payment; and (iv) certificates of insurance confirming that required coverages will remain in effect consistent with the requirements of the Contract Documents. Owner shall make payment on Designer's properly submitted and accurate final Application for Payment within thirty (30) days after Owner's receipt of final payment from Owner on account of Designer's final Application for Payment, provided also that Designer has satisfied the requirements for final payment set forth herein. 5.2.1 Accounting and Payment for Designer Services: Payment to the Designer 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 Designer for any costs or expenses incurred by the Designer in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Designer, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 5.2.2 Taxes: The Designer understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Designer authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Designer will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Designer to make the necessary estimated tax payments throughout the year, if any, and the Designer is solely liable for any tax obligation arising from the Designer's performance of this Agreement. The Designer hereby agrees to indemnify the County against any demand to pay taxes arising from the Designer's failure to pay taxes on compensation earned pursuant to this Agreement. General Conditions Contract for Design Services Agreement design2LAST, inc. and WHATCOM COUNTY v 1.0 Page 10 206 The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Designer must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Designer's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 5.2.3 Withholding Payment: In the event the County's Administrative Officer determines that the Designer has failed to perform its contractual obligations under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Designer an 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 Designer to termination or damages, provided that the County promptly gives notice in writing to the Designer 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 Designer 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 Designer 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 an amount so required to be paid and to charge the same to the account of the Designer, (3) to set off any amounts so paid or incurred from amounts due or to become due the Designer. In the event the Designer obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Designer by reason of good faith withholding by the County under this clause. 5.2.4 Labor Standards: The Designer agrees to comply with state and federal requirements, as applicable, 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; 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. DESIGNER'S PROJECT REPRESENTATIVES 6.1.1 Designer designates the individual listed below as its Senior Representative ("Designer's Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under Section 10 hereof: (Identify individual's name, title, address and telephone numbers) 6.1.2 Independent Contractor: The Designer's services shall be furnished by the Designer 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 Designer as an independent Contractor. The Designer acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Designer 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 Designer 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 on a Schedule C, 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. General Conditions Contract for Design Services Agreement design2LAST, inc. and WHATCOM COUNTY v 1.0 Page 11 207 Designer 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. 6.1.3 Assignment and Subcontracting: The performance of all activities contemplated by this agreement shall be accomplished by the Designer. 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. 6.1.4 Ownership of Items Produced: When the Designer creates any copyrightable materials or invents any patentable property, the Designer 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 with respect to the project for which they were created. Designer further agrees to make research, notes, and other work products produced in the performance of this Agreement available to the County upon request. 6.1.5 Confidentiality: The Designer, its employees, Subconsultants, and their employees shall maintain the confidentiality of all proprietary or confidential information provided by the County or acquired by the Designer 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. Designer shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Designer 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 Designer's breach of this provision. 6.1.6 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 Designer shall preserve and maintain all financial records and records relating to the performance of services 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. Designer 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 Designer, then the Designer agrees to notify the Administrative Officer as soon as it is practical. DESIGNER'S INSURANCE REQUIREMENTS 7.1.1 Prior to starting Services, Designer shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property (including loss of use) and loss or damage resulting from professional errors and omissions, which may arise out of operations by Designer or by any Design Consultants or by anyone employed by any of them, or by anyone for whose acts any of them may be liable. Such insurance shall not be less than the greater of coverages and limits of liability specified below, any coverages and limits of liability specified in the Contract Documents or coverages and limits required by law. All Insurance to be furnished by Designer shall be from an Insurer admitted and authorized to issue insurance in the State of Washington. The Insurer shall have a Bests Rating no lower than A--. If its rating falls below A-- Designer shall replace that insurer with one with the required Bests rating at no additional cost to Owner. General Conditions Contract for Design Services Agreement M design2LAST, inc. and WHATCOM COUNTY v 1.0 Page 12 7.1.2 Designer shall procure and maintain the provide proof of coverage by a Certificate Project under the coverage: Workers' Compensation Employer's Liability Commercial General Liability $1,000,000 each $1,000,000 disease $1,000,000 disease $2,000,000 each $2,000,000 Comprehensive Automobile Liability $2,000,000 each Professional Errors and Omissions $2,000,000 each $2,000,000 annual following minimum insurance coverages and limits of liability and of Insurance and endorsements and specifically name this County Statutory Limits accident policy limit each employee occurrence aggregate (applicable on a per project basis) accident claim aggregate Commercial General Liability insurance required under this paragraph shall be written on an occurrence form (ISO Form CG 00 01 or equivalent) and shall include coverage for Products/Completed Operations extending six (6) years after final acceptance of the Project by Owner or such longer period as the Contract Documents may require), Broad Form Property Damage including Completed Operations, Personal Injury with Employment Exclusion (if any) deleted, Blanket XCU and Blanket Contractual Liability insurance applicable to Designer's defense and indemnity obligations under Article 10, and other contractual indemnities assumed by Designer under the Contract Documents.. Comprehensive Automobile Liability insurance required under this paragraph shall include coverage for all owned, hired and non -owned automobiles. All Commercial General Liability coverage shall include a waiver of subrogation against Owner. If the required Professional Errors and Omissions insurance is written on a claims made basis, the retroactive date shall be prior to the start of Designer's Work. Designer agrees to maintain such coverage for six (6) years after final acceptance of the Project by the Owner or such longer period as the Contract Documents may require. Renewal policies during this period shall maintain the same retroactive date. 7.1.3 Employer's Liability, Commercial General Liability and Comprehensive Automobile Liability insurance may be arranged under single policies for full minimum limits required, or by a combination of underlying policies with the balance provided by an Excess or Umbrella Liability policy. The general aggregate on the Commercial General Liability coverage shall apply on a project specific basis. 7.1.4 Designer shall endorse its Commercial General Liability (including products/completed operations coverage): and Comprehensive Automobile Liability and Umbrella/Excess Liability policies to add Owner, and such other parties as Owner is required under the Contract Documents to name the County, officials, employees and agents as additional insureds on Designer's insurance, as "additional insureds" with respect to liability arising out of (a) operations performed for Owner or Owner by or for Designer, (b) acts or omissions of Owner in connection with their general supervision of operations by or for Designer, (c) Designer's use of Owner's tools and equipment, and (d) claims for bodily injury or death brought against Owner by Designer's employees or the employees of Designer's consultants of any tier, however caused, related to the performance of Services under this Agreement. Such insurance afforded to Owner, and others as additional insureds under Designer's policies shall be primary insurance and not excess over, and Owner's insurance shall be non-contributory. Designer's insurance waives all rights of subrogation. General Conditions Contract for Design Services Agreement _m design2LAST, inc. and WHATCOM COUNTY v 1.0 Page 13 209 7.1.5 Designer shall require its Design Consultants to procure and maintain, from insurance companies authorized to do business in the state in which the Project is located, the insurance coverages set forth in this Article. 7.1.6 Designer shall maintain in effect all insurance coverages required under this Article, or by the other Contract Documents, at Designer's sole expense and with insurance carriers licensed to do business in the State in which the Project is located and having a current A.M. Best rating of no less than A-, unless another A.M. Best rating is specifically accepted by Owner in writing. Deductibles or Self Insured Retention on any policies furnished for this project shall not be more than $100,000 for each claim. 7.1.7 Prior to commencing any services hereunder, Designer shall provide Owner with Certificates and Endorsements evidencing that (i) all insurance obligations required by the Contract Documents are in force and in effect and will remain in effect for the duration required by the Contract Documents and (ii) no insurance coverage will be canceled. Owner shall have the right to examine any policy required under this Agreement Copies of the complete insurance policies to be provided under this agreement shall be provided to Owner within seven (7 days)of the signing of this contract, which includes requests made by email. 7.1.8 All insurance policies shall contain a provision that coverages and limits afforded thereunder shall not be canceled, materially changed, or non -renewed or restrictive modifications added without thirty (30) days prior written notice to Owner. Certificates of Insurance and Endorsements shall be filed with Owner prior to start of Designer's Work. Renewal Certificates and Endorsements shall be provided to Owner not less than ten (10) days prior to the expiration date of any of the required policies. All Certificates of Insurance and Endorsements shall be in a form acceptable to Owner and shall provide satisfactory evidence that Designer has complied with all insurance requirements. Owner shall not be obligated to review such certificates or other evidence of insurance, or to advise Designer of any deficiencies in such documents, and receipt thereof shall not relieve Designer from, nor be deemed a waiver of Owner's right to enforce, the terms of Designer's obligations hereunder. 7.1.9 The required minimum limits of insurance indicated above shall not in any way restrict or diminish Designer's liability under this Agreement. Owner's right to recover under insurance provided under this article shall not be limited by other portions of the agreement that limit the liability of any party to the proportion of its relative fault for the purpose of indemnification for certain types of claims. 7.2 Waiver of Subrogation 7.2.1 Designer and Designer's insurer shall waive all rights of subrogation. 7.2.2 Designer and Owner waive against each other and Design Consultants, Owner's separate Designers, Consultants, Sub -Consultants, agents and employees of each and all of them, all damages covered by Builder's Risk insurance, except such rights as they may have to the proceeds of such, insurance. Owner and Designer shall, where appropriate, require similar waivers of subrogation from Design Consultants and Consultants and shall require each of them to include similar waivers in their contracts. 8.1 Patent and Copyright Infringement 8.1.1 Designer shall defend any action or proceeding brought against Owner based on any claim that the Project, or any part thereof, or the operation or use of the Project or any part thereof, constitutes infringement of any United States patent or copyright, now or hereafter issued. Owner shall give prompt written notice to Designer of any such action or proceeding and will reasonably provide authority, information and assistance in the defense of same. Designer shall indemnify and hold harmless Owner from and against all damages and costs, including but not limited to attorneys' fees and expenses awarded against Owner or Owner in any such action or proceeding. Designer agrees to keep Owner informed of all developments in the defense of such actions. 8.1.2 If Owner is enjoined from the operation or use of the Project, or any part thereof, as the result of any such patent or copyright suit, claim, or proceeding, Designer shall at its sole expense take reasonable steps to procure the General Conditions Contract for Design Services Agreement design2LAST, inc. and WHATCOM COUNTY v 1.0 Page 14 210 Owner's right to operate or use the Project, or applicable part thereof. If Designer cannot so procure such right within a reasonable time, Designer shall promptly, at Designer's option and at Designer's expense, (i) modify the Project, or applicable part thereof, so as to avoid infringement of any patents, or copyrights, or (ii) replace said work with work that does not infringe or violate any such patent or copyright, and is consistent with the Contract Documents. 8.1.3 Sections 8.1.1 and 8.1.2 above shall not be applicable to any suit, claim or proceeding based on infringement or violation of a patent or copyright (i) relating solely to a particular process or product of a particular manufacturer specified by Owner or Owner and not offered or recommended by Designer to Owner or Owner; or (ii) arising from modifications to the Project by Owner or Owner after acceptance of the Project. If the suit, claim or proceeding is based upon events set forth in the preceding sentence, Owner shall defend, indemnify and hold harmless Designer to the same extent Designer is obligated to defend, indemnify and hold harmless Owner in Section 10.1 . I above. 8.1.4 The obligations set forth in this Section shall constitute the sole agreement between the parties relating to liability for infringement or violation of any patent or copyright. DESIGNER'S GENERAL INDEMNIFICATION RESPONSIBLITIES 9.1 Indemnification by Designer 9.1.1 To the fullest extent permitted by law, the Designer agrees to indemnify, defend and hold harmless, the County and its departments, elected and appointed officials, employees and volunteers, from and against damages, losses and expenses, including but not limited to court costs, reasonable attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) to the extent 1) caused by any negligent acts of the Designer its employees, agents or volunteers or Designer's subcontractors and their employees, agents or volunteers; or 2) Designer's breach of this Agreement; or 3) are based upon the Designer or its subcontractors' use of, presence upon or proximity to the property of the County. This indemnification obligation shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of the County. In the event of the concurrent negligence of the Designer, its subcontractors, employees or agents, and the County, its employees or agents, this indemnification obligation of the Contractor shall be valid and enforceable only to the extent of the negligence of the Designer, its subcontractors, employees and agents. This indemnification obligation of the Designer shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the Designer hereby expressly waives, as to the Owner and solely for the purposes of this Agreement, any immunity afforded by such acts. The foregoing indemnification obligations of the Designer are a material inducement to County to enter into this Agreement, are reflected in the Designer's compensation, and have been mutually negotiated by the parties. In> ' s by Designe 9.1.2 Participation by County — No Waiver. The County reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of Designer's indemnity obligations under this Agreement. General Conditions Contract for Design Services Agreement design2LAST, inc. and WHATCOM COUNTY v 1.0 Page 15 211 9.1.3 Survival of Designer's Indemnity Obligations. The Designer agrees all Designer's indemnity obligations shall survive the completion, expiration or termination of this Agreement. 9.1.4 Indemnity by Subcontractors. In the event the Designer enters into subcontracts to the extent allowed under this Agreement, the Designer's subcontractors shall indemnify the County on a basis equal to or exceeding ' Designer's indemnity obligations to the County and its subcontractors shall provide proof of Insurance verifying this condition. 9.2 No Limitation on Indemnity If an employee of Designer, anyone employed directly or indirectly by Designer or anyone for whose acts any of them may be liable has a claim against any party indemnified pursuant to Section 9.1 above, Designer's indemnity obligation set forth in Section 9.1 above shall not be limited by any limitation on the amount of damages, compensation or benefits payable by or for Designer, or other entity under any employee benefit acts, including workers' compensation or disability acts. DISPUTES 10.1 General: Differences between the Designer 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. 10.1.1 Notice of Potential Claims: The Designer 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 Designer has given the County a written Notice of Potential Claim within thirty (30) 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 Designer 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. Designer 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. 10.1.2 Detailed Claim: The Designer shall not be entitled to claim any such additional compensation, or extension of time, unless within forty-five (45) days of the accomplishment of the portion of the services from which the claim arose, and before final payment by the County, the Designer 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. 10.1.3 Dispute Mitigation and Resolution. As an express condition precedent to mediation, arbitration, or other actions on claims by either Owner or Designer the parties, through the Owner and the Designer's Project Representative designated in Article 6 of this agreement shall enter into good faith discussions. The Designer's Project Representative shall have all necessary authority to resolve any disputes and Owner's Representative shall have authority to recommend resolution to the legislative or administrative body with authority to approve any settlement or resolution. 10.1.4 Mediation. If the discussions provided in Paragraph 10.1.3 do not result in resolution of the dispute the Parties shall endeavor to resolve the dispute through mediation using the procedures of the Uniform Mediation Act RCW 7.07.010 et. seq. The Mediation shall be convened within thirty (30) business days of the matter being discussed under General Conditions Contract for Design Services Agreement design2LAST, inc. and WHATCOM COUNTY v 1.0 Page 16 212 Paragraph 10.1.3. Either party may terminate the mediation at any time after the first session, but the decision to terminate shall be delivered in writing to the non -terminating party and to the mediator. 10.1.5 Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this Agreement or otherwise, including issues of specific performance, shall be determined by arbitration in Bellingham, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this Agreement. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this Agreement shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including reasonable expenses, costs and attorney fees and pre -award interest to the prevailing party, but only if such recovery is provided for by statute or regulation, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in the Superior Court of the State of Washington for Whatcom County. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. No arbitration conducted pursuant to this paragraph shall be consolidated with any other proceeding and no additional parties may be added, except upon written consent of both Owner (County) and Designer. Provided that Designer agrees that appropriate provisions allowing any of its subconsultants to be joined in any arbitration proceeding between Owner and Designer shall be included in all such sub -consultant agreements with Designer. 10.1.6 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. 10.1.7 Duty to Continue Performance. Designer shall continue to perform the Services and Owner shall continue to satisfy its payment obligations to Designer, pending the final resolution of any dispute or disagreement between Owner and Designer. 10.2 Termination 10.2.1 Termination for Default If the Designer defaults by failing to perform any of the material obligations of the contract after notice of default or an opportunity to cure 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 Designer in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the services elsewhere. Termination shall be effective upon Designer'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 Designer shall not be entitled to receive any further payments under the contract until all services 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 Designer. The Designer shall bear any extra expenses incurred by the County in completing the services, including all increased costs for completing the services, and all damage sustained, or which may be sustained by the County by reason of such default. 10.2.2 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 Designer shall be entitled to payment for actual services performed. An equitable adjustment in the contract price for partially completed services will be made, but such adjustment shall General Conditions Contract for Design Services AgreementYT- design2LAST, inc. and WHATCOM COUNTY v 1.0 Page 17 213 not include provision for loss of anticipated profit c Agreement by the County at any time during the term, breach of contract by the County. 1 deleted or uncompleted work. Termination of this whether for default or convenience, shall not constitute 10.2.3 Conversion of Termination for Default to Termination for Convenience. Should it be determined by any Court or Arbitrator that Owner improperly terminated Designer for Default, such termination shall be converted to a Termination for Public Convenience and Designer shall be afforded any relief under that article. 10.3 Threshold Contingency on Owner Claims Against Designer The parties hereby establish a design contingency based upon three per cent (3%) of the construction cost as defined in article 2.6.7 of this agreement. The parties understand and agree that the nature of the design process is such that the plans, specifications and other documents prepared by the Designer under this agreement may contain errors, omissions, conflicts, ambiguities, and uncertainties requiring clarification, corrections, and modifications may increase the costs to construct the project. Accordingly Owner has established a design contingency equal to three per cent (3%) of the cost of the work. The contingency applies to increases in construction costs, including money paid to the contractor on account of claims. This contingency expressly includes costs to provide required construction and components. Costs referred to as "betterments" or "improvements," describing work and components that should have been included in the project, or included to a particular quality, but were omitted, are included in this contingency amount to the extent that they are incurred because work is installed out of sequence or causes conflict, demolition, patching, delays and or repairs that would otherwise have not have been incurred had the work been originally included in the construction documents. Costs incurred by the Owner, excluding any improvements or betterment cost (as defined in this article), in excess of this design contingency shall be the responsibility of Designer, but only to the extent caused by the Designer and its Subconsultants, negligent acts, errors, or omissions in the performance of services under this agreement. Owner will not make a claim against Designer until the three per cent (3%) contingency amount has been reached. Nothing in this article will waive the right of designer to defend against or contest the propriety of any charge under this article. The responsibility of Designer for the costs of any change orders or claims in excess of the contingency percentage shall be determined on the basis of the contract, and the professional standard of care applicable to this project. ASSIGNMENT 11.1 Neither Designer nor Owner shall, without the written consent of the other, assign, transfer or sublet any portion or part of the Services or the obligations required by the Contract Documents. 11.2 Successorship Owner and Designer intend that the provisions of the Contract Documents are binding upon the parties, their employees, agents, heirs, successors and assigns. MISCELLANEOUS 12.1 The failure of Owner to insist, in any one or more instances, on the performance of any of the obligations required by the other under the Contract Documents shall not be construed as a waiver or relinquishment of such obligation or right with respect to future performance. General Conditions Contract for Design Services Agreement design2LAST, inc. and WHATCOM COUNTY v 1.0 Page 18 214 12.2 Headings The headings used in this Agreement or any other Contract Document, are for ease of reference only and shall not in any way be construed to limit or alter the meaning of any provision. 12.3 Notice Whenever the Contract Documents require that notice be provided to the other party, notice will be deemed to have been validly given (i) if delivered in person to the individual intended to receive such notice, (ii) four (4) days after being sent by registered or certified mail, postage prepaid to the address indicated in this Agreement or (iii) if transmitted by facsimile, by the time stated in a machine generated confirmation that notice was received at the number of the intended recipient. 12.4 Amendments The Contract Documents may not be changed, altered, or amended in any way except in writing signed by a duly authorized representative of each party. 12.5 Survival Designer's obligations under this Agreement shall not be released, and shall specifically survive, the completion of all Services hereunder, final payment to Designer, and the termination of this Agreement for any reason. 12.6 No Release of Information for Advertising and Promotion Designer shall not publish, release, disclose or announce to any member of the public, press, official body or any other third party any information concerning this Agreement, or any part thereof, without the prior written consent of Owner except as required by law. Neither the names of Owner, nor of the site, shall be used in any advertising or other promotional context by Designer without the prior written consent of Owner ADMINISTRATION OF THE DESIGN CONTRACT 13.1 The County hereby appoints, and the Designer 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: Michael Russell, Facilities Manager Whatcom County Facilities Management 316 Lottie Street Bellingham, WA 98225 (360) 676-6746 13.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Designer expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, provided in this agreement extend to any claim brought by or on behalf of any employee of the Designer. This waiver is mutually negotiated by the parties to this agreement as evidenced by the signature of the Designer below. Designer by 13.3 Non -Discrimination in Employment: 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 General Conditions Contract for Design Services Agreement design2LAST, inc. and WHATCOM COUNTY v 1.0 Page 19 215 orientation, age, marital status, disability, or veteran status. The Designer 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 Designer is governed by such laws, the Designer 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, sexual orientation, age, marital status, 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 Designer 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 Consultant, provided that the foregoing provision shall not apply to contracts or Consultants for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 13.4 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Designer 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 Designer 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 Designer to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 13.5 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 Designer to the County's Administrative Officer under this Agreement. Notice to the Designer for all purposes under this Agreement shall be given to the address provided by the Designer herein above in the "Designer Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. 13.6 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. 13.7 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. 13.8 Waiver: Waiver .of any breach or condition of this contract by Owner shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this Agreement shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure Owner 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. General Conditions Contract for Design Services Agreement design2LAST, inc. and WHATCOM COUNTY v 1.0 Page 20 216 13.9 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. General Conditions Contract for Design Services Agreement��� design2LAST, inc. and WHATCOM COUNTY v 1.0 Page 21 217 General Conditions Contract for Design Services Agreement�T^______._._____W__�.____.______�__�__. design2lAST, inc. and WHATCOM COUNTY v 1.0 Page 22 218 Phase 1A 1. Participate in Post Award Kick-off meeting via Teleconference with County 2. Research and review existing documentation; floor plans and previous reports for both the Jail and Work Center; provided by Whatcom County. 3. Phone Interview or On Site Meeting during time of field investigation with Jail Commander -this will be a general conversation to discuss current operations and operational concerns. This will also be an opportunity to discuss any ideas that the commander may have for improving current operational conditions. 4. Provide a written assessment of operations -this will provide an executive summary that addresses current problems based on floor plan review and interview with the Jail Commander and previous review with other staff. Summarize and prioritize possible solutions that could improve efficiency over the next 5 years. A second topic would be major facility changes that could occur (if determined) that would be 5-10 year solution. Minor graphics may be provided if needed to provide visual clarity to item being narrated. a. Provide a summary of cost vs. benefit (keep in mind this would be a generalized statement because there would not be any design concept to address) b. Provide professional level recommendation i. Discuss what other types of interviews need to be performed and what might need to be addressed to develop Phase 1B. ii. Or indicate to move forward with jail design and construction iii. Or ... other option may be not yet thought of 5. Perform Uniformat* Level I (Class 5), [or Level II (Class 4)(as necessary to communicate to stakeholders)] Facility Condition Assessment to include: a. Develop, distribute, review and analyze, pre -survey of condition deficiencies questionnaire b. One day, survey of building(s), rapid visual, support disciplines, to establish parametric costs. i. Architectural ii. Civil iii. Structural iv. Mechanical v. Electrical vi. Security vii. Kitchen/Laundry c. Estimate deficiencies generated by survey team and engineers d. Develop basis of estimates (BOE), (Meng generates estimates in accordance with AACEi* Recommended Practices) e. Analyze Meng Analysis models for Jail facilities, compare to preliminary Whatcom conditions, generate parametric level one cost analysis, parametric building renewal costs f. Generate parametric estimates for structural deficiencies g. Generate parametric estimates for code compliance h. Generate parametric estimates for operational improvements i. Generate parametric estimates for suggested improvements, (presume up to 5 suggestions) j. Participate in cost -benefit analysis study/workshop, assist in generating support costs i. Meet with facilities and maintenance personnel 6. Provide draft assessment report for review with Whatcom County Officials 7. Participate on on -site review meeting to discuss the draft report and County Comments 8. Provide final assessment report 9. Develop a presentation for the public -review with Whatcom County 10. Present findings to County Council and /or the Public 11. Review outcome with Whatcom County staff and determine if there is a need to go into Phase I or other solution. General Conditions Contract for Design Services Agreement design2LAST, inc. and WHATCOM COUNTY v 1.0 Page 23 219 Deliverables Phase 1A Draft Assessment Report Submittal to include: a) Executive Summary i) Narrative of potential areas where operational issues should be further investigated 1. Overview of code compliance 2. Summarize and prioritize possible solutions that could improve efficiency over the next 5 years. 3. (Optional as determined) List major facility changes that could occur that would be 5-10 year solution 4. Summary of cost vs. benefit ii) Parametric level one cost analysis 1. Structural deficiencies 2. Code compliance 3. Operational improvements 4. Suggested improvements iii) Prioritize the list of issues that must be further investigated and schedule for completing each project recommended iv) Recommendations v) Schedule for performing Phase lb Final Submittal to include final versions of the Report Exclusions Phase IA a. Interviews with mid and lower level staff not listed above b. Programming and space analysis c. Detailed staffing analysis for current conditions or for proposed d. Conceptual Design concepts e. Detailed cost estimates f. Life cycle costing g. Uniformat Level II survey detail, data h. AACEi Level 3, 4, and 5 estimating (also known as AACEI Class 3 to 1) i. Database generation of survey data j. Uniformat II systems renewals and deficiencies k. Uniformat 11 subsystems renewals and deficiencies 1. System and subsystem opportunities not stated in work scope above in. Additional presentations not listed above n. On site meetings excluding presentations o. Work identified in Whatcom County RFQ 16-13 in Phase 1-13, 2, and 3 p. Estimating exclusions: design document phased estimates, line item breakdowns (productivity rates, crew breakdowns), vendor quotes and bid analysis. Phase 1B Effort as determined by scope defined in Phase I A and approved for continuation by the County Deliverables Phase 1B — TBD As determined by the scope and complexity of each task Phase 2 Design work for each task order as determined by scope defined in Phase I B approved for construction by the County. Deliverables Phase 2 Drawings and specifications for each task ordered scoped General Conditions Contract for Design Services Agreement design2LAST, inc. and WHATCOM COUNTY v 1.0 Page 24 220 Phase 3 Bidding/Construction Administration services for each task order identified for completion by the County Deliverables Phase 3 As determined by the scope and complexity of each task Schedule design2LAST, inc. is prepared to begin work on this contract immediately. Upon notice to proceed, we will prepare a schedule showing the dates for each of the milestones for Phase IA. Phase IA will take approximately 4-8 weeks to complete the draft submittal after NTP. The County will have a review period, after which, we will schedule a review meeting with the team and stakeholders. The team will need about one week after that meeting to update the report with the comments received at the meeting and submit the final Report. Phase 1 B schedule will be determined by the tasks identified and approved by Whatcom County to be further investigated from task IA. Phase 2 and Phase 3 schedule will be determined by the tasks identified and approved by Whatcom County for design and construction. General Conditions Contract for Design Services Agreement design2LAST, inc. and WHATCOM COUNTY v 1.0 Page 25 221 (COMPENSATION) As consideration for the services provided pursuant to Exhibit A, Scope of Services and allowable expenses, the County agrees to compensate the Designer according to the fee schedule provided. Other reasonable expenses incurred in the course of performing the duties herein shall be reimbursed. Mileage at IRS rate, lodging and per diem at a rate not to exceed the GSA rate for location where services are provided. 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. Other expenditures such as printing, postage and telephone charges and Subconsultants Fees shall be reimbursed at actual cost plus 10%. Any work performed prior to the effective date of this contract or continuing after the completion date of the same unless otherwise agreed upon in writing, will be at the Designer's expense. Total fee for contract is not to exceed one hundred fifty one thousand eight hundred eighty-two dollars and ninety-two cents ($151,882.94) The Contract Number, set forth, shall be included on all billings or correspondence in connection therewith. The Consultant may bill the County progressively not more than once per month (30 days). Progressive billings will be for the amount of work complete. 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O. iLI CL Y n. d Y •� c N tC5 � n3 N ^ a aj f6 (6 l6 N C �O 3 3 3 3 3 3 3 3 3 a a a a a a a a a O O .Y n3 o � a (U a a' a v o (V p i � v O @ p 0) N O O O O O N a o m c Q E _ v O ° u_ v x3 y u a v= r Q Q vGU 3 V 3 QJ Q/ O V C u may- C O C V V 'zh O N , N O O O O O O O O O N M tl' Vol o O^ a0 00l x x x x -hd ae x x N N VI VI N N IA VI VI 229 33 34 230 Q N O N n Q1 C 0. V O O O l0 d V} N V W V1 rl ri O m N 'i N N Q O O C a O N O N � +/T — O C,0 lD 00 N 00 O O d' ti 01 7 CO O cy O M Q7 N H w O c a a - o v o v H yo � V 0 •- O W G a � o E '� .� c °o�9.xv m -cp0 c E c' v E — E o c v= c,= o, -Q v � E v o m a v° w J n. j v E a v v n C v a c vh a ¢ o. N 0~ l7 No a o 231 35 1 lilli ill'i . 1 232 RUN WHATCOM COUNTY JAIL FCA - Design2Last FACILITY CONDITION ASSESSMENT PROJECT REFERENCE # 16910.00 6/7/2016 Od `o c y rn c c o y N J E O C7 p N a L m c U c O a LU N � 6 LD U 0 4 U O O n O Q U U Phase 1 A, Task 100 7 62 2 10 0 1. Participate in Post Award Kick-off meeting 4 1 2 2 4 2 2 2 2 2 8 0 2 2 2 2 2. Review existing docs from Whatcom County 3. Phone Interview or Mtg - Ref. Operations 4a. Operations assessment, cost vs. benefit 4b. Operations planning, additional data collection 5. Level I Facility Condition Assessment a. Presurvey Database set up- level 1 or 2 Team training Survey forms, survey team data b. Field Assessment, Jail & Work Release c. Develop deficiencies, estimate cost d. Develop basis of estimates (BOE) e. Meng Jail facility cost model Run parametric renewal model f. Generate parametric estimates for structural deficiencies 4 g. Generate parametric estimates for code compliance 4 h. Generate parametric estimates for operational improvements 4 4 i. Generate parametric estimates for suggested improvements, (presume up to 5 suggestions) j. Cost -benefit analysis study/ workshop, assist in generating supporting costs 4 8 4 2 8 6. Draft Report 7. Review Mtg Phase 1 A, Task 200 0 17 2 4 0 8. Final Report 4 3 4 4 2 2 4 9. Develop Presentation 10. County Council Presentation General Public Presentation 11. Strategic planning for Phase 1 B Phase 2 0 0 0 0 0 Pending MENG Analysis 37 233 Phase 3 0 1 0 1 0 1 0 1 0 ubtotal Hours 7 79 4 14 0 1A Direct Hourly rate $92.47 $51.12 $37.65 $19.23 )HD (275%) $254.29 $140,58 $103,54 $52.88 ally Burdened Rate $346.76 $191,70 $141.19 $72.1 1 filling Rate $450.79 $249.21 $183.54 $93.75 ubto'bd Labe $3,1514 $19.688 $734 $1,312 PROF1 30% PROC off On consuit ntr 307. PROFESSIONAL FEES Phase 1 A, Task 100 $19,911 Phase 1 A, Task 200 $4,979 Phase I $0 Phase 2 $0 SUBTOTAL $24,890 EXPENSES Mileage Travel (other)/ Parking $670 $622 $48 TOTAL BUDGET $26,560 ME:NG Analysis 234 39 235 June O'2O16 Design2LA6T S43Main Street, Suite1Q1 Edmonds, VVA98820 ATTENTION Lauri Strauss REGARDING VVhatcnrnCounty Building Assessment Studies Jail and Work Center Bellingham, Washington REFERENCES RFPletter dated May 31,ZO16 We are pleased to provide you with this proposal for engineering services for the above referenced project. We will provide engineering services in accordance with the attached consultant spreadsheet provided. We understand that the scope ofwmrk is to be phased and the project schedule is to begin upon notice to proceed and will have a duration of 4-8 weeks to complete phase 1A. SCOPE 0pSERVICES SUMMARY The scope of services for phase 1A includes engineering services as identified on the attached Mechanical, Electrical and Te|ecommunicationsconsultant spreadsheet tabs "task 100 and task 200^ |nsummary, the scope ofwork includes; m Telephone coordination with the owner and A/Eteam ° (1) on -site visitto review existing systems ° Completion of -the FKAasproduced byMeng Ana|ysis ° Develop a narrative ofexisting systems and recommendations For improvements (one ortwo options per system) w ROM cost estimates for proposed recommendations ~ Delivery ofa stakeholders = Respond to draft review/ | 100% deliverable. Basis: Hourly Houdyservices listed, plus reimbursable expenses. xmount: l� Engineering (Har�is) a. MeuhanicaL—...... ......... —....... ---- b, Electrical ---......... ...... ...... ... '--___ ........ c. Te!econnmunicatiun$5ecurlty--- .... ....... --- Subtotal...... .................. --......... ....... ..................... 2. Reimbursable Expenses a. AJ(owances---- Task 1OU= .8(9570)+.8(500) . $ 9,570 --'� 9'57O --'� 9,570 --'� 28,710 1 $ 11500 TOTAL FEE ............. .........,......... ..... ...........30,210 HA R G I S 40 236 June 8, 2016 Whatcom County Building Assessment Studies H A R G 1 5 page 2 ADDITIONAL SERVICES IF REQUESTED The following items may be contracted as additional services in addition to our proposal. Additional Site Visits beyond Basic Services ($1,200 Per Site Visit) Electrical load monitoring Energy Modelling Utility rebate programs Thank you for the opportunity to submit this proposal far engineering services. Erik Stearns, PE Patrick Shannon, MCSE, RCDD, PMP Principal - Electrical Principal — Security & Telecommunications ACCEPTED BY Signed Nam., ---- - Title Date -- KL/ps m:\gg.vol\admin.voi\tee\client (owner)\government\whatcom county building assessment\1613C fpg 2016C608 whatcom county building survey.doo, 237 41 a ' a Q W W J O O � O C O a Q m a , c m 0 M E N (0 k- C O (A C O N V U N d , O) U N L U Q � 01 W L U Q U} m � C 0 O to N O O V1 w N N tp l0 C N 1p l6 V d I� n N O � � (0 O. U C a` o E N U N N L N S' O 3 OU >C y .� coO U - O U C N O ` d o Q O o T `m a C N o, N m . u of c G G m O E N a)q) E E E (D w U N. m -oo E v aci E O aTi �' m m vl c E o E E y m> B c m -o � _ O U N of m ..., - c C E E m 9 U E o c C a- (0 O E E c O G X V) N N O N N U ul N o U � NL" C O y 0 0 o .`U. U T ID o co V .3 `m_ . 3� 0 o N m .a .0 a _, ... 3 c m II - o o g m a aOi a�i a�i c>> a> a o m E ccv o' m ¢ m 3 m a� .m Q �' O C� w °� m ami o c� O .Q C ._ o m m o 0 m o o m o r_ �'m mm v a' °' m mo ai •- m m m o a m rn�MI-la- Xa0� I I I I CLI T11, CAN 238 C LU W w a E a Q c a c m Cl M E m > m C c c 0 v , d o. � En m a U N L U Q � W C U Q U) K> ro U V � Qt ul ri N ro 0. U C d _ 3= n N C ro c N .c` c m O 3 C ,on o N a O OU O .cu C O V m N . ro C "O O ID -- p� a c N 0 0 E ID a C C E E O C Q 0 N N m E E w �41 '� �° E O U N c N 9 � E N C o o C O N E N ro O L E o N m c o E ro °J a Q o'er ", 0 m c v m v E (6 > U to N u_ @ o a ro a> � v a o 0 mo- m> a n c> E m 3 s '> > a ro d O K a o c� o o c� C. IO O O y N N cV .a U .O N" Ol IDN N a@ C cn x r o° a d ❑ ❑ Q ro 239 43 44 240 CLMmNGEmR AZ/OCIATIV (=400S RVICEE A -MO L,*i...l'1140RY 11803 10"IsTAVE. CT E, STE. 203 PU"Ai_LUP, V%iASH1\IGT0N 98373 '253` 841-78 1 i� PAX i2531 a4"-7435 mail: info@clevengerassoc.com wnrrw.clevengerassoc.com June 08, 2016 Lauri Strauss, AIA LEED AP BDEtC President, CEO Design 2 Last Inc. 543 Main St, Suite 101 Edmonds, WA 98020 Re: Whatcom County Justice Food Service and Laundry Facilities Conditions Assessment: Phase 1A Dear Lauri: As requested we are pleased to provide a proposal assessing current conditions of the existing jail and work center food service and laundry facilities. On acceptance this agreement is to be between Design 2 Last Inc. (Client) and Clevenger Group Inc., dba Clevenger Associates (Consultant). Project Description Currently approximately 1500 meals per day are prepared and served to the population of the existing jail and work center. Phase 1A is to tabulate and score the effectiveness and conditions of related facilities in meeting program needs. Consultant deliverables includes: A. Making a site visit to become familiar with existing foodservice and laundry facilities, equipment and systems. This will include identifying operational and facility/equipment deficiencies and components noting code compliance issues as well as assessing equipment condition for possible continued use or replacement. B. Provide a written narrative of findings identifying equipment needing replacement or upgrade due to age/condition and to bring systems or equipment up to operational standards and current code compliance. This narrative will score identified issue on a scale of 1-5, prioritizing implementation of recommendations according to immediate, mid and long term phases. C. Join conference calls and amend documentation as required to complete the assignment. Fee Proposal This proposal based on the fees quoted below and as scheduled in Appendix A. Consultant remuneration for all work shall be billed monthly for time expended. 241 45 Lauri Strauss - Food Service and Laundry Facilities Conditions Assessment: Phase 1A June 8, 2016 A. Site Visit $ 1,485.00 B. Narrative $ 4,730.00 C. Conference Calls $ 990.00 Estimated Reimbursables $ 200.00 Task 100 = 80% Total $ 7,405.00 Task 200 = 20% Hourly rates scheduled are to apply to any optional services delivered or any authorized changes after approvals or other requested revisions, etc. Principal/Partner ..................... $195.00 per hour Officers ............................. 165.00 per hour Sr. Project Manager ..................... 125.00 per hour Project Manager ....................... 95.00 per hour CAD Draftsperson ....................... 65.00 per hour Administrative Support ................... 65.00 per hour Should the scope of the project vary significantly, it is agreed the fee limits will be adjusted accordingly. Consultant fees are based on using standard procedures, formats for drawings, specifications, contractor submittals and invoices. Special requirements will be accommodated on a time and material basis. Reimbursable Expenses In addition to the fees quoted, out of pocket costs to be reimbursed for automobile mileage at the rate set by the United States Federal Government for tax purposes and out-of-pocket expenses for common carrier surface and subsistence white traveling. Special mailings, courier charges, printing and copying costs, telephone communications and reproduction of plans and specifications wilt be charged at cost. Project Staffing Brent Hatt, Vice -President, of Clevenger Associates will be the chief project executive. He will be supported by Tony Clevenger, President. Brent and Tony are supported by a staff of 7 in Seattle plus professionals in offices located in California, New York and the Philippines. Enhanced Revit or AutoCAD software in fully networked computers with high-speed Internet capabilities and web conferencing are in use. Terms of Payment Payments are net thirty (30) days against monthly billings. Consultant reserves the right to stop work on the entire project in the event of a sixty (60) day payment delinquency from date of invoice. In the event of litigation, the laws of the State of Washington shall apply and the prevailing party shall be awarded the attorney's fees and cost. Should the project be deferred or abandoned, there will be no obligation for payment by the Client for subsequent phases beyond those authorized. Consultant will only bill for time expended and/or the actual percentage completed during each phase. Schedule Consultant is staffed to begin immediately and meet any reasonable project schedule. R 242 46 Lauri Strauss - Food Service and Laundry Facilities Conditions Assessment: Phase 1A June 8, 2016 Ownership of Documents All Design Documents, Drawings, Specifications, and reference materials generated by Consultant are solely for the use of the Client in the performance of work covered by this agreement. All such documents are Proprietary in nature and shall not be copied, duplicated in any fashion, distributed, displayed for review or otherwise exhibited to any parties not authorized, in writing, by the Consultant. Such actions may be subject to damages as deemed appropriate by a Court of Law. Insurance To protect our clients and fellow design professionals, Clevenger Associates maintains comprehensive insurance in each of the following areas: Type of Coverage Professional Liability General Liability Automobile Insurance, including Employee's use of vehicles owned by others Workman's Compensation Company Lloyds of London Travelers Insurance Travelers Insurance State of Washington Limits $2,000,000 $2,000,000 $1,000,000 State of Washington (Copies of current policies in force will be provided upon request.) An AIA formatted contract is also acceptable. Thank you for requesting our proposal and for considering Clevenger Associates for the project. We look forward to working with Design2Last on the assignment. Respectively submitted, CLEVENGER ASSOCIATES APPROVED: DATE: Brent Halt V.P. Operations / Projects Director BH:ch 243 47 2 2 a a El j / \ ( S 8 § � R a 2 _ in _ vi- in w m - $ k _ / c \ / o m o \ \ 0 0 0 0 0 0 QD ® / — / } 0 ro ¥ + / e o in m z 0 « o 2 en \ \ / � — \ o a m _ cn } _ \ 4 / \ \ Lij \ \ } § \ ' j E } _ 244 m mqplfafiFz= 245 WO, SCBC Engineering FLLC AE Program Management I Structural Engineering 543 Main St, Suite 106 Edmonds, WA 98020 June 6, 2016 Lauri Strauss Principal in Charge design2 LAST inc 543 Main St., Suite 101 Edmonds, WA 98020 Reference: design2 LAST fe-e proposal levier to Whatcom County F c1il1ftes Management dated 31 May 2016 Subject: Structural Engineering Consultation Fee Proposal: Whatcom County Building Assessment Studies - Jail and Work Center: Phase 1 A Ms. Strauss: SCBC Engineering, PLLC. welcomes the opportunity, once again, to assist design2 LAST and is pleased to provide a proposal for Professional Services for the subject project. Project &++ummary: Provide building assessment services for the Jail and Work Center Buildings, including verification of existing facility conditions and configurations, structural integrity analysis, define any upgrades required for Code Compliances, and determine work required to safely and efficiently operate the facilities prior to the existing jail being replaced. Structural Englneertng Scope of Work' • Review existing Architectural and Structural drawings • Review existing evaluation reports for items which may have structural implications • Participate in Facility Condition Assessment which includes a 1 day field survey of the buildings • Participate in weekly team meetings • Meet with facilities and maintenance personnel • Provide structural recommendations narrative • Participate in review conference meeting in Whatcom County Assumptions & Exclusions.- • All structural information we will need to conduct our investigation will be available to us on the existing architectural and structural drawings to be provided by Whatcom County Facilities Management. Any work to obtain record drawing information from City of Bellingham is excluded. Fee Proposal Whatcom County Building Assessment Studies SCBC Engineering, PLLC. Ph 425.745.9926 (C 206.351,2217) bnon.moll _se@gmail. or-n /v,/'/�,v.scpcen_gireering— rn 50 �:� • Field investigation/Verification is limited to one, 8 hour, site visit. Demolition of finishes for observation of structure beneath would be done by others and before any site visit. • Coordination meetings will be handled telephonically or will occur at the SCBC office. • All disciplines other than Structural engineering are excluded. SC C has received from design2 LAST or Whatcom County Facilities Management the following information to date, • Public Safety Building 1981 Drawings in pdf format. • Jail Work Center 2006 Record drawings in pdf format • DLR exiting and structural repairs report dated 20 Dec 2000 in pdf format • Crack monitoring data report dated 23 Mar 2006 in pdf format • Public Safety Building crack photos from 2010 in jpg format • US Dept of Justice report "Assessment of existing Jail and Work Center" in pdf format • Phase 1 Condition Survey Draft Report- 17Sept2007 by Krazan and Associates in pdf format • Sheriff's response to council questions 23 Apr 2015 in pdf format Schedule, We estimate the investigation, study and recommendations will require 3 - 4 weeks from the date of receipt of the formal notice to proceed and the following items: • Geotechnical reports for both facilities • 2002 to 2010 assessments and reports of the HDR Jail Planning Group • 2003 Whatcom County Public Safety Building Evaluation HDR Group • 2003 Whatcom County Public Safety Building Preliminary Study for Story Addition, Geiger Engineers This assumes timely reviews and comments by the key stakeholders and receipt of critical information in keeping with this schedule. Compensation: We propose compensation for the effort to provide this Scope of Work as follows: • A lump sum basis billed monthly asset forth below. Our fee is 9,1180.00. Any services provided that are not covered in the outlined scope of work will be considered additional services. We will notify you if we are asked to perform any additional services prior to executing them and will provide you with an estimated fee for such services. Any agreed upon additional services will be billed at our standard hourly rate according to the rate schedule below. Anticipated expenses such as printing have been included in the above fee. 'Expenses . include, • Reproduction, binding and delivery of all technical reports / details. ..., Fee Proposal Whatcom County Building Assessment Studies SCBC cngineering, PLLC. Ph 425.745.9926 (C 206.351.2217) orian.moll.se@clrna'Lcom v, ,%v\/v.scbcengineer nci_com 51 247 Applicable professional rates wifl, be, • Principal -in -Charge / Project Manager: $150/Hr • Senior Structural Engineer: $135/Hr • Senior Architect: $135/Hr • Senior Structural CAD draftsperson: $95/Hr • Word Processing / Clerical: $65/Hr Payments: Billing will be on a monthly basis reflective of work performed to date. Balances not received within 60 days will accrue interest at 1.5% per month. Limes ation of Liabtllity- SCBC is a Professional Limited Liability Company (PLLC) In recognition of the relative risks and benefits of the project to both the Client and the Design Professional, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, and not withstanding any other provision of this agreement, the total liability, in the aggregate, of the Design Professional and the Design Professional's officers, employees, agents and sub - consultants, and any of them, to the Client and anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages of any nature whatsoever arising out of, resulting from or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract or warranty, express or implied, of the Design Professional or the Design Professional's officers, directors, employees, agents or sub -consultants, or any of them, shall not exceed the total compensation received by the Design Professional under this Agreement, or the total amount of $10,000.00, whichever is greater. If you find our terms satisfactory, please indicate your acceptance by signing and returning one copy to our office. We look forward to working with you on this project. Please feel free to contact me with any questions you may have. Sincerely, Brian E. Moll PE,SE Principal -in -Charge SCBC Engineering FLLC A Structural Engineering company 543 Main St., Suite 106 Edmonds, WA 98020 425.745.9926 (Alt 206.351.2217) br aan.mol .se@gvnall,com waYw.scb,,:engineerang.co SCBC Engineedrg ?LLC is authorized to Proceed with the Scope of Work as outlined above. Accepted by: Lauri Strauss, design2 LAST Inc Date Fee Proposal Whatcom County Building Assessment Studies SCBC Engineering, PLLC. Ph 425.745.9926 (C 206.351.2217) rian.rnollse@r_,LmuiL.corn wrn,,/w.scbcei-_girl eering_corn 52 . ,7 < 2 Ln E § \ 2 5 ca f :3 / E 8 249 53 WM A TrO411 r0VIVTY r0II7V(7L A GENDA BILL NO. 2016-228 CLEARANCES Initial Date Da _k ei in Council O ace A ends Date Assigned to: SM 6130116 U L [) July 12, 2016 FINANCE Originator: _ Division F/ead: JUL q 4� T 9COUNTY 7/12/16 Council Dept. Head: �jCOUNCIL Prosecutor:/l �% 1 PurchasingBudget:��I Executive: ' 15- 6 TITLE OF DO Economic Development Investment Program — Interlocal Grant Agreement with City of Bellingham ATTACHMENTS: Memorandum; Interlocal Grant Agreement 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 all 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.) On June 141h, 2016, the County Council approved the EDI Board's funding recommendation in support of a $1,100,000 grant to the City of Bellingham for use towards their project entitled Waterfront District Arterial Streets. Attached is the Interlocal Grant Agreement between the County and the City of Bellingham that outlines the terms of this agreement. We respectfully request the Council's approval for the County Executive to execute this Interlocal Agreement. 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.-- 251 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 P�COM CAL y �q`ShING��C� MEMORANDUM TO: Whatcom County Council members FROM: Jack Louws, County Executive RE: EDI Program - Interlocal Grant Agreement with The City of Bellingham DATE: July 1, 2016 Jack L®uws County Executive Enclosed are two (2) originals of an Interlocal Grant Agreement between Whatcom County and the City of Bellingham for your review and approval. ■ Background and Purpose On June 14, 2016, the Council adopted the EDI Board's recommendation to provide funding through the EDI Program for the City of Bellingham's Waterfront District Arterial Streets project. This grant agreement is being presented to you now for approval. Once approved, we respectfully request your authorization for the County Executive to execute this agreement. ■ Funding Amount and Source $1,100,000 will be drawn from the EDI Program's grant program. This program funding is derived from the Public Utilities Improvement Fund. Please contact me with any questions or concerns regarding the terms of this agreement. Enclosures 252 Office (360) 778-5200 FAX (360) 778-5201 TRS: 711 WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET 014 6 -7p 6 Originating Department: County Executive Contract or Grant Administrator: Suzanne Mildner, Grant Coordinator Contractor's / Agency Name: City of Bellingham Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑ Yes ® No ❑ If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: Does contract require Council Approval? Yes ® No ❑ If No, include WCC: (see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes ® No ❑ If yes, grantor agency contract number(s): CFDA#: Is this contract grant funded? Yes ❑ No ® If yes, Whatcom County grant contract number(s): Is this contract the result of a RFP or Bid process? Contract Yes ❑ No ® If yes, RFP and Bid number(s): Cost Center: 332229 Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form. If YES, indicate exclusion(s) below: ❑ Professional services agreement for certified/licensed professional. ❑ Contract work is for less than $100,000. ❑ Contract for Commercial off the shelf items (COTS). ❑ Contract work is for less than 120 days. ❑ Work related subcontract less than $25,000. ® Interlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA. Contract Amount:(sum of original contract amount and any Contracts that require Council Approval (incl. agenda bill & memo) is prior amendments): • Professional Services Agreement above $20,000. $ 1,100,000. • Bid is more than $50,000. This Amendment Amount: . Amendments that have either an increase greater than 10% or $ provide a $10,000 increase in amount (whichever is greater) Total Amended Amount: RENEWALS: Council approval is not required when exercising an $ option to renew that is provided in the original contract. Summary of Scope: Interlocal Grant Agreement with the Cityt of Bellingham utilizing ED .1 Program funding (from the Public Utilities Improvement Fund) for use in the City's Waterfront District Arterial Streets project. Term of Contract: Expiration Date: n/a Contract Routing: 1. Prepared by: SM Date: 2. Attorney signof£ Date: 3. AS Finance reviewed: Date: 4. IT reviewed (if IT related): Date: 5. Contractor signed: Date: 6. Submitted to Exec.: 9 Date: 7. Council approved (if necessary): Date: 8. Executive signed: Date: 9. Original to Council: Date: 6/30/16 07 /of /(4 Last Edited 060414 253 Whatcom County Contract No. Economic Development Investment Program Interlocal Grant Agreement PARTIES This Agreement is made by and between Whatcom County (hereinafter referred to as the County), and the City of Bellingham (hereinafter referred to as the City). II TERM This Agreement takes effect upon execution hereof by the authorized representatives of both parties and continues in effect until all payments required under Section V, MUTUAL CONSIDERATION, Subsection B(ii), PAYOUT OF GRANT FUNDING, have been made or until terminated as provided for in Section Vill, TERMINATION. The purpose of this Agreement is to provide funding support for the Waterfront District Arterial Streets Project (hereinafter referred to as the Project) using certain County funds designated for such infrastructure development. These funds will be used to complete the Project as outlined in the Economic Development Investment (EDI) Program Application as attached (Attachment B). IV RECITALS The Parties make this Agreement based on and in recognition of certain relevant facts and circumstances including: A. Sales and use taxes are collected in and for the County under authority of RCW 82.14.370 and Whatcom County Code 2.130 for the purpose of financing public facilities in the County, and the proceeds are deposited in the Whatcom County Public Utilities Improvement Fund. B. The City will construct the Project. The Project will be partially funded by a $1,100,000 grant from the Whatcom County Public Utilities Improvement Fund, and the balance of the Project will be funded by the City of Bellingham and federal funding, as outlined in Attachment C. The Project improvements, when complete, will be owned and maintained by City of Bellingham. C. RCW 82.14.370 was adopted to serve the goals of promoting the ongoing operation of businesses in rural distressed areas, promoting the expansion of existing businesses in rural Interlocal Grant Agreement between Whatcom County and the City of Bellingham Page 1 of 7 254 distressed areas, attracting and developing new businesses, and providing family wage jobs and the development of communities of excellence in such areas. The parties expect the Project to further these goals. D. RCW 82.14.370 defines public facilities to include bridges, roads, domestic and industrial water facilities, sanitary sewer facilities, earth stabilization, storm sewer facilities, railroad, electricity, natural gas, buildings, structures, telecommunications infrastructure, transportation infrastructure, or commercial infrastructure, and City facilities in the state of Washington. E. The County has created the EDI Board to review applications for loans and grants from the Public Utilities Improvement Fund and to make recommendations for Public Utilities Improvement Fund investments based on commitment of other funds, potential for resulting job creation, and other factors. F. The EDI Board has reviewed the application for Public Utilities Improvement Funds and has recommended approval to the Whatcom County Council. G. The County EDI Board has reviewed and recommended this project application be approved with a recommendation of a grant in the amount of $1,100,000. A copy of the EDI application for this project is attached by reference to this Agreement. H. The Whatcom County Council reviewed the recommendation, and approved a grant to the City from the Public Utilities Improvement Fund in the amount of $1,100,000. I. The Public Utilities Improvement Fund balance is sufficient to make the requested grant to the Project. J. RCW 39.34 authorizes interlocal agreements whereby municipal governments may jointly exercise the powers granted to each. V MUTUAL CONSIDERATION The parties do not intend to create any new or separate legal or administrative entity by this Agreement but intend for this mutual Agreement to govern the County's financial support for the Project. The terms and conditions contained herein reflect the voluntary participation of the parties. A. CITY OF BELLINGHAM RESPONSIBILITIES: The City hereby agrees as follows: (i) The City shall be responsible for all aspects of the design and construction of the project. (ii) The City shall be responsible for all aspects of the public works construction contract administration, which shall include, but not be limited to, advertising, bidding, and awarding the contract. The City will comply with all applicable laws, rules and regulations relating to bidding the project. The County shall have no responsibility for the Project other than the funding set forth herein. Interlocal Grant Agreement between Whatcom County and the City of Bellingham Page 2 of 7 255 (iii) If the scope of the Project or the Project budget has changed from that which was submitted with the City's application for EDI funding, the City shall provide the County the following updated documents: 1) a detailed description of the project; 2) a project budget itemizing major improvements together with the estimated cost of the improvements; and 3) a schedule showing sources and uses of funding for the project. (iv) The City shall provide the County with a final report showing the actual cost of the project and the actual sources and uses of funding for the project. B. WHATCOM COUNTY`S RESPONSIBILITIES: The County hereby agrees as follows: (i) COUNTY GRANT —The County shall issue a grant to the City for up to One Million One Hundred Thousand Dollars and Zero Cents ($1,100,000.00) for the Project described herein. This grant shall be by County warrant drawn on the Public Utilities Improvement Fund and payable to the City upon approval of this agreement by the Whatcom County Council and the City, and pursuant to the terms contained in (ii), Payout of Grant Funding, below. (ii) PAYOUT OF GRANT FUNDING —The County shall pay out the grant funding to the City up to a maximum of One Million One Hundred Thousand Dollars and Zero Cents ($1,100,000.00) of the total project costs. This amount shall be paid in accordance with Attachment A, attached hereto. Disbursements of grant funding shall be made contingent upon and subject to the continued commitment of the other project funding sources. (iii) Unless the parties to this agreement mutually agree in writing to modify the consideration, the funding identified herein is all the County is obligated to pay towards this project. The City agrees to protect the County from, hold it harmless from, and indemnify it for, any charges that may be levied in excess of the agreed amount. VI RECORDS, REPORTS AND AUDITS The City agrees to maintain such records, make such reports and follow such procedures pertaining to this Agreement as may be reasonably required by the County and as are typically maintained and made by the City in the undertaking of a project of this nature. All City records pertaining to this Agreement and the Project work shall be retained by the City for a period of three (3) years after final audit unless a longer period is required to resolve audit findings or litigation. The County and other authorized representatives of the State government shall have access to any books, documents, papers, and records of the City which pertain to this Agreement or the Project work for the purpose of making audit, examination, excerpts, and transcriptions. VII RELATIONSHIP OF PARTIES AND AGENTS Neither the City nor the County shall have authority to execute contracts or to make commitments on behalf of the other, and nothing contained herein shall be deemed to create the relationship of employer and employee or principal and agent between the County and the City. This agreement does not create, either implicitly or explicitly, any right, duty or obligation that is not expressly provided for herein. Interlocal Grant Agreement between Whatcom County and the City of Bellingham Page 3 of 7 256 The City represents that it has or will secure at its own expense all personnel, contractors, and/or subcontractors required in order to perform the Project work. Such personnel shall not be employees of, or contractors with the County for purposes of the project described herein. All such personnel, contractors, and/or subcontractors shall be fully qualified (as determined by the City in its sole discretion) and authorized/permitted under State and/or local law to perform such services. VIII TERMINATION If the City fails to comply with the terms and conditions of this Agreement, the County may pursue such remedies as are legally available, including, but not limited to, the termination or closeout of this Agreement in the manner specified herein: A. TERMINATION FOR CAUSE— If the City fails to comply with the terms and conditions of this Agreement, the County will give notice to the City in writing of its failure to comply. The City will be given thirty (30) days from date of notice to comply with the terms of the Agreement or submit a plan acceptable to the County to bring the City into compliance with the Agreement within a time period reasonably acceptable to the County. Failure to comply with the terms and conditions of this Agreement by either party shall constitute an event of default. In the event of default by the City and a failure by the City to cure as provided for herein, the County may take such remedial actions under the law as are available to cure the default, including the imposition of the reasonable costs of collection. In the event of default by the County, the City may take such remedial actions under the law as are available to cure the default, including specific performance. B. TERMINATION FOR OTHER GROUNDS —This Agreement may be terminated in whole or in part by mutual consent and written agreement between the parties, duly authorized and executed, setting forth the conditions of termination, including effective date and, in case of termination in part, that Portion to be terminated. IX COMPLIANCE WITH LAWS The County and the City shall comply with all applicable laws, ordinances, and codes of the Federal, State and local governments with regard to the performance of this Agreement. X INTEREST OF MEMBERS OF THE COUNTY AND THE CITY No member of the governing body of either party and no other officer, employee, or agent of either party who exercises any functions or responsibilities in connection with the planning or carrying out of the Project shall have any personal financial interest, direct or indirect, in this Agreement. XI HOLD HARMLESS AND INDEMNITY To the extent permitted by law, the City shall indemnify and hold harmless the County, its officers, agents, and employees, from all liability, loss or damage, including costs of defense they may suffer as a result of claims, demands, actions, costs, or judgments which result from the activities to be performed by the City, its agents, employees, or subcontractors pursuant to this Agreement. Interlocal Grant Agreement between Whatcom County and the City of Bellingham Page 4 of 7 257 XII ASSIGNABILITY The City shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment or novation) without prior written consent of the County thereto, provided, however, that claims for money by the City from the County under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the County by the City. XIII NON -WAIVER The failure of either party to insist upon strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement. XIV CONTRACT MODIFICATIONS No modification or waiver of any clause or condition of this Agreement shall be binding upon either party unless such modification or waiver is in writing and duly authorized and executed by the County and the City. XV SEVERABILITY If any Portion of this Agreement is changed per mutual agreement or any Portion is held invalid, the remainder of this Agreement shall remain in full force and effect. XVI NOTICES Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand - delivered to the parties to their addresses as follows: TO CITY: Ted Carlson, Public Works Director City of Bellingham 104 West Magnolia Street Bellingham, WA 98225 TO COUNTY: Brad Bennett, Finance Manager c/o Whatcom County Executive's Office 311 Grand Avenue, Suite 108 Bellingham, WA 98225 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand -delivered. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. XVII INTEGRATION This Agreement contains all terms and conditions to which the County and the City agreed, and this Agreement supersedes all of their previous understandings and agreements, written and oral, with respect to this grant transaction. There are no other oral or written agreements lnterlocal Grant Agreement between Whatcom County and the City of Bellingham Page 5 of 7 258 between the City and County as to the grant terms contained herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing, duly authorized and executed by both parties. XVIII GOVERNING LAW AND VENUE All questions of the validity, construction, and application of this Agreement shall be governed by the laws of the State of Washington. Venue for any suit between the parties arising out of this Agreement shall be the Superior Court of the State of Washington in and for Skagit County, Washington. Upon execution of this agreement by the parties hereto, the County shall cause it to be recorded with the Whatcom County Auditor, or otherwise published pursuant to the requirement contained within RCW 39.34.040. IN WITNESS WHEREOF, the County and the City have executed this Agreement as of the date and year last written below. EXECUTED, this Mayor Attest: day of , 2016, for the City OF BELLINGHAM Departmental Approval: Department Head Approved as to Form: Finance Director Office of the City Attorney STATE OF WASHINGTON ) ) ss. COUNTY OF Whatcom ) On this day of , 2016, before me personally appeared KELLI LINVILLE, to me known to be the Mayor of the City of Bellingham and who executed the above 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 Interlocal Grant Agreement between Whatcom County and the City of Bellingham Page 6 of 7 259 EXECUTED, this day of Approved: Accepted for Whatcom County: Jack Louws, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) 2016, for WHATCOM COUNTY: On this day of , 2016, before me personally appeared JACK LOUWS, to me known to be the COUNTY EXECUTIVE of Whatcom County, who executed the above 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 Approved as to form: Chief Civil Deputy Prosecutor Date Interlocal Grant Agreement between Whatcom County and the City of Bellingham Page 7 of 7 260 Attachment A City of Bellingham — Waterfront District Arterial Streets Project Grant Payout Requirements The not -to -exceed amount for this grant agreement is $1,100,000.00. The grant funding will be disbursed as follows: When the Project construction budget is 50% (Fifty percent) expended, the City of Bellingham will provide evidence of such in the form of invoices for project expenses to the Whatcom County Executive's Office, 311 Grand Avenue, Suite 108, Bellingham, WA 98225. Upon County acceptance of evidence that the Project, as outlined in the project application, is 50% expended, grant funds will be made available by warrant within 30 days. The City's invoice request for grant funds should reference the Whatcom County assigned interlocal agreement number. 261 0ti t3ELI- City of .Bellingh-am Public Works Department -IS7-!t N G-� February 22, 2016 Economic Development Investment Board (EDI Board) Attn: lack Lol1WS, Whatcom County Executive 311 Grand Avenue Bellingham, WA 98225 EDI Board Members: The City of Bellingham is pleased to submit the Waterfront - Granary/Laurel Street application for Whatcom County's Economic Development Investment (EDI) Program. The Granary/Laurel Street project will be the first and primary arterial street connection through the Waterfront Redevelopment Area. The project will be a multi -modal connection as outlined in the Waterfront District Master PIat) adopted by the City of Bellingham and the Port of Bellingham, and will consist of a frill street section with, City utilities, structural connection to Roeder, street lighting and private utilities. EDI funding in the amount of $1.1 million, added to $6.7 million in secured Federal funding, and $2.6 million in City of Bellingham local funding, will ensure this important street connection will be constructed. The project is currently under design and is scheduled to begin construction in late 2017. Thank you for your consideration and please let me know if you have any questions regarding this application. Sincerely, Ted A. Carlson Public Works Director City of Bellingham ISnpinc erin;; 104 W, thagnolia Sheri. Suite 109 Rellinglmm, OVA 98P,'J (360) 778-7900 Fax: (360) 778-7901 1 VY: (360) 778-8382 pw6i{:ob.c:rg Jataual Resources Pinsical: 2200 Nevada Streel Maihnu: 22 ).1 Pacific Street Bellingham, WA 98229 (,360) 778-7800 Fax:(360)778-7801 pw(ikob.org Operations 2221 Pacific, Strc°et Hellingham. WA 98229 (360)778-7700 Pax: (3GQ) 178..7701 ps fi?coh.nrg 262 Economics Investments Program Mi s wong w� Jack Louws, Whatcom County Executive 263 Whatcom County Economic Development Investment (EDI) Program Revolving Loan and Grant Program to Encourage Creation or Retention of Private Sector Jobs Preliminary Information and Application Note: The intent of this Program is to be consistent with State law, RCPV 82.14.370 1. Who is eligible to apply: Local general or special-purpose governments and higher education. 2. What projects are covered: Construction ofpublically owned infrastructure, facilities, and related improvements, which enable or encourage the creation or retention of private sector businesses and jobs in Whatcom County consistent with EDI Program Policy Objectives. 3. What activities are fundable: New construction, refurbishment, replacement, rehabilitation, renovation or repair. Demolition is allowable if tied to construction. Soft costs allowed within scope of construction budget. No land acquisition except right-of-way included in a construction project. 4. What can you use the fiends for: Transportation (roads, bridges, rail), utility services (water, sewer, storm, energy, telecom) and public buildings or structures. S. Other Limitations: Planning/feasibility only projects are not eligible. Minimum local match is 10% of EDI request. EDI Board will make recommendations to the County Council which makes the final decision. Preferential Project Types First Preference -- "JOBS IN HAND PROJECTS" — These types of projects will allow for the immediate creation and/or retention of jobs by providing public infrastructure that directly supports jobs. A perfect example would be a private business that will build or move into a facility and hire employees if a road is built or if water/sewer lines are extended to the site. These types of proposals would include a commitment by the private sector employer to create jobs and provide private investment. Second Preference — "BUILD IT AND JOBS WILL COME PROJECTS" — These types of projects will construct public infrastructure but are not associated with a specific commitment from a private business to locate and/or create jobs. A perfect example would be the construction of roads and utility infrastructure to serve a new business park that would benefit multiple businesses. Third Preference -- COMMUNITY ENHANCEMENT PROJECTS" — These types of projects generally improve the physical appearance or create community assets to enhance the business climate. Examples would be boardwalk, streetscaping, downtown structures, and other publicly -owned facilities that malce a community or region more attractive to existing or future businesses. Last Updated: 11/18/13 NO hatcorn County Economic Development Investment (EDI) Program Revolving Loan and Grant Program to Encourage Creation or Retention of Private Sector Jobs Preferential Project Terms First Preference — EDT LOAN --- Due to the preferred revolving nature of EDI funds, proposals that are loan only will receive higher scoring. Loan terms and interest rate structure matches the Public Works Trust Fund program. The county will maintain discretion to modify such as including a deferral period. Second Preference — LOAN/GRANT COMBINATION — The preferred combination of grant funds and loan funds is 1/3 grant, 2/3 loan. Third Preference — EDT GRANT — Due to the "one-shot" nature of grants, projects of equal scoring requesting a grant only will be scored lower than another similar project requesting a loan/grant mix. Preferential* Project Amounts (Guidelines) .YOBS IN BAND PROJECTS - $1,000,000 litnit if grant only. $2,000,000 limit if combination of grant and loan. $3,000,000 limit if loan only. BUILD IT AND .YOBS WILL COME PROJECTS - $500,000 limit if grant only. $1,000,000 limit if combination of grant and loan. $1,500,000 limit if loan only. COMMUNITY ENHANCEMENT PROJECTS - $250,000 lirnit if grant only. $500,000 limit if combination of grant and loan. $750,000 limit if loan only. *Based on compelling reasons, the EDI Board and County Council may consider exceptions Past Performance Have you received EDI Program funding in the past? __ X ; Yes _ No If yes, provide project name and EDI grant/loan awarded: [Repot Market Square, $214k (2004), 0akerview Overpass $750k (2012) and Northwest Regional St:nrmwater Facility $2.5illl (2014). If yes, EDI Program staff and/or the EDI Board. may conduct: an audit to review performance measures against projected outcomes, such as job creation projections. Has your jurisdiction received any audit findings from the Washington State Auditor in the past 10 years? Yes; _ X No. If yes, provide details: Last Updated: 11/18/13 265 Whatcom County Economic Development Investment (EDT) Program Revolving Loan and Grant Program to Encourage Creation or Retention of*Private Sector Jobs f p ; Evidence of Planning X Project included on an adopted regional economic strategy ("CEDS" list). _X_ Project included hi the applicant's Comprehensive Plan. Project included in the applicant's Capital Expenditure Plan or adopted. budget. COMMENTS: POINTS Preferential. Project TyT)e NOTE: in 2007, Whatcorn County Council set -aside Bands for the development of an eligible Bellingham waterfront development project in lieu of participating in the Local Infrastructure Financing Tool, The grant amount set -aside is $1.1 IVL _ .lobs In Hand 10 points _ Build It And Jobs Will Cone 5 points Coiuzuunity Enhancement 2 points Preferential Project Terms Loan Only 10 points I_,oai-dGrant 5 points _Grant Only 2 points Preferential Project Amounts Within Dollar Limits 5 points Outside Preferred Dollar Limits 0 points TOTAL POINTS To proceed to other parts of the application and to receive EDT Board review, a proposed project must score 10 or more points on the move section. 11 Last Updated: 11/18/13 266 Whatcom County Economic Development Investment (EDI) Program Revolving Loan and Grant Prograin to Encourage Creation or Retention Of Private Seclor Jobs PROJECT APPLICANT Applicant Name: City of Bellingham Applicant Address: 104 West Magnolia Street — Applicant Contact Person: Ted Carlson Applicant Email and Phone Number:— tcarlson@cob,,or 360 778-7998 PROJECT TITLE Waterfront District Arterial Streets PROJECT AMOUNT REQUESTED $ $1,100,000* EDI rOTAL - (Loan $0; Grant $1,100,000) $ —_$2,600,000 Local Match (10% of EDI request minimum) * The County approved a $1,100,000 EDI grant in 2007 to support the development of a suitable and eligible capital project. PROJECT TYPE Jobs In I -land -X- Build It And Jobs Will Come Community Enhancement PROJECT TERMS Loan Only - Grant/Loan -X- Grant Only If a loan, term requested: _ (years) PROJECT LOCATION: Waterfront District in Bellingham's City Center, specifically within the Downtown Waterfront Area. Please see Exhibit A: Project Location. PROJECT DESCRIPTION (one page limit) 5 Last Updated: 11/18/13 267 Witatco00County Economic Development Investment m Revolving Loan and Grant Progrm mEnvoni-ageCreation m'Retention q/Trivo SemorJobs Background 8&Readiness The City of Bellingham and the Port of Bellingham have made great progress in reaching the community's goal of transitioning Bellingham's waterfront from a heavy industrial abandoned site to a thriving mixed use extension ofBeUinghano'sdowntown neighborhood, Major milestones include: v/ Entitlements - The City and the Port adopted the Waterfront District Master Plan, Development Regulations, aPlanned Action Ordinance, and Development Agreement. v/ Partner Commitments - The Interlocal Agreement was executed between the City and the Port outlining financial responsibilities for each party. '' Environmental Restoration - Cleanup of Whatcom Waterway, a $30M undertaking, is currently underway and cleanup of the land within the Downtown Waterfront Area is scheduled for summer of 2016. ~/ Site Premaratioo-Thern joritvufthepu(pandtissuep|antfaci!ityandstructureshavebeen demolished. ,~ Developer - The Port "entered into a Master Development Agreement with Harcourt Developments for the land within the Downtown Waterfront Area. ,/ Design and Construction of Phase Development - The City has begun designing Granary and Laurel, VVhatconn Waterway Park and Harcourt Development has submitted permits for the Granary building and has begun exploring feasibility of the developing the second building. The City completed a $2.1 million renovation of the Central Avenue pier improving access at the north end of the waterfront site, as well as, the $3.5 million Wharf Street roundabout improving access to the southern portion of the Waterfront site. Reaching these milestones were important prerequisites to submitting a specific capital project per Whatcom County'sdirection in2O07. The City, Port and Harcourt are now prepared for implementation ofspecific public and private development projects. Project The "Project" is to design and construct the first and primary arterial street connection through the Downtown Waterfront Area site, specifically, construction of Granary Avenue and Laurel Avenue, See EXHIBIT A. The Project will be multi -modal, as outlined in the adopted Waterfront District Master Plan, and designed and built 10serve pedestrians, bicyclists, vehicles and transit. The Project vviUc.noiutufafuUroadcrossaectionvvith 0U, utilities, structural connection to Roeder, streetscapeimprovements, lighting and franchiseutilities. In addition, utility and road connections tofuture |nce| access streets inthe Downtown Waterfront and the Log Pond area will beaccommodated. The Project vvi}lrneettheCity'sarberia|streetob|igationsunti(Phaso3,or until development exceeds 1million square feet. l. Complete the public proJect budget and status o[funds below, l[BI)Ifunds are approved is funding 100% complete? X Yes No Last Updated: 11/18/13 Whatc;orn C:onnty Economic Development Investment (EDI) Program Revolving Loam and Grant Program to Encourage Creation or Retention of Private Sector Jobs Funding Source Amount Planned/Applied For Secured Federal Dollars $6,700,000 Yes No Yes No State Dollars $0 Yes No Yes ^ No Local Dollars $2,600,000 Yes No Yes No _ EDI Funding $1,100,000 Yes No Yes No TO`l'AI, $10,400,000 2. Describe the amount of outside (private) funding committed to the project (eg. Plant and equipment). None. Per the Agreement entered into by the City and Port, the City is responsible for constructing Granary and laurel arterials. Private funding is being secured by Harcourt to design and construct the buildings, which will utilize the arterial streets. 3. Describe the public infrastructure being proposed. Include engineering estimates and a site map detailing the proposed improvements as Attachments A and B. The Project includes installation drive lanes, parking areas, bike facilities, sidewalks, street trees, utilities (public and private), signals, future connections and a railroad crossing along the proposed corridor at Laurel Avenue. 4. Describe how these improvements will enhance or encourage community vitality and stimulate other private development in the area. The Waterfront District provides significant economic opportunities in a key part of Bellingham's city center. Through our Agreement, the Port and the City recognized the importance in creating conditions within this District, including site cleanup and the construction of this Project, in order to make the area attractive to further investment by private developers, especially during the first phase of redevelopment. 5. List all permits and environmental reviews required for the public project and detail their status (completed, in -process, etc.) Preliminary Engineering Environmental Review Design Engineering Right -of -Way Construction Permits Environmental Permits Bid Documents Award Construction Contract Begin Construction Project Operational Last Updated: 11/18/13 In Process Date Completed J -- Dec 2015 Prelim Dec 2013 Final Oct 2016 x Oct 2016 x July 2016^ T� Oct 2016 Sept 2016 7 269 Whateom County Economic Development Investment (EDI) Program Revolving Loan and CiPant PPogram to Encourage Creation or Retention of Private Sector Jobs 6. Are any other public jurisdictions involved in this project? If so, in what way? Port of Bellingham - The Port is the current landowner for much of the area within the Downtown Waterfront Area, The Port has an agreement with Harcourt. The Port is responsible for cleanup activities on site and will be dedicating the right-of-way for this Project. WSDOT -• WSDOT is overseeing the City's $6.7M. The Project will be reviewed and approved by WSDOT. 7. Who will maintain the public facility/infiastructure to be completed with EDI funds? Will this project impact utility rates within the jurisdiction? The City of Bellingham. Utility rates will not be impacted. 8. Will this project directly generate a revenue stream that could be used to repay an EDT loan? Will this project spur indirect revenues that could be used to repay an EDI loan? If no to either question — why? The City is not seeking an EDI loan. However, by way of background, in order to meet its financial obligations, the City will be relying on the increase in tax revenues and other fees from the development to pay for the City's share of this Project as well as future streets and park infrastructure. The City also expects to rely upon other federal and state grants to help offset its costs. 9. What other revenue sources are available for this project and. have they been considered. This includes forming a Local Improvement District (LID or ULID), issuing Councihnanic Bonds, Revenue Bonds, or other source(s). The City is responsible for several large capital projects within the Waterfront District including site cleanups, parks and other streets totaling over $100M. A variety of funding sources as well as methods for payment have and will be considered. For this specific project, grants and local Street and Deal Estate Excise Tax have been determined the most suitable mix of funds. A LID is not being considered given the City and Port Agreements. Bonds as well as the Local Infrastructure Financing Tool are being considered for other City commitments (i.e. site cleanup). 10. Describe the private development project that will be supported by this public facility project. If there is a corrunitted private sector partner include Contingency Agreement (Attachment C). The Port has entered into a Master Development Agreement with Harcourt May 2015, The agreement can be viewed on the Port website: http://www.portofbellingham.com/DocumentCenter/View/5409 11. Explain why the private development requires the proposed public improvement(s). Due to the unique and expensive challenges associated with redeveloping the former industrial waterfront site, including lack of infrastructure and environmental clean-up, public funding is needed to spur private investment. Currently there is no suitable access or utility service within the Downtown Waterfront Area. Last Updated: 11/18/13 270 Whatcom County Economic Development Investment (EDI) Program Revolving Loan and Grant Program to Encourage Creation or Retention of Private Sector Jobs 12. What is the status of the associated private development review and permits. List all permits required and give the current status (applied for, being reviewed, issued). Note: Dates inserted are for the FIRST development project within the Downtown Waterfront Area, the Granary building. Tenant improvements will be permitted separately. The building is expected to be open to the public in 2017. Other private development review will be on -going for the next several decades. In Process Date Completed Environmental Review X June 2016 Construction Permits X June 2016 Environmental Permits �X June 2016 13. Describe the type of industry or economic activity the public development will attract. What is the strategy to attract industry to the project site? The Downtown Waterfront Area is planned to accommodate up to 2.8 Million sf of commercial and residential development over the next 20-40 years. The Downtown Waterfront Area will be an extension of Downtown Bellingham with a full range of professions and economic sectors. In order to stimulate interest and excitement in this new District and take advantage of the wonderful views, Harcourt is planning to tenant the Granary building (at the corner of Roeder and Granary Avenue) with mix of restaurants, pubs and retail on the ground floor and professional offices on the upper floors. Harcourt is currently looking at the feasibility of redeveloping the Boardmill building (along Laurel Avenue) into a hotel and conference facility. These two buildings will serve as anchors to solicit interest from housing and professional office investors and developers. In addition, Western Washington University plans to develop up to 450,000 square feet of class rooms, administrative offices or community meeting space within the downtown Waterfront area. 14. List the number of projected jobs, by type, to be retained and/or created by the private entity. Downtown Waterfront Area Jobs Downtown Waterfront Area Phase 1 Square footage j jabs Phase 2 Square footage / jobs Phase 3 Square footage / jabs Office 180,000 / 288 110,000 / 176 100,000 / 160 Retail 20,000 / 32 40,000 / 64 40,000 / 64 Residential 300,000 / not included 300,000 / not included 360,000 / not included Total Jobs 320 240 224 Today, the Downtown Waterfront Area has zero permanent jobs, Phases 1 through 3 are defined by the pace of development not by years. However, the City anticipates it will take approximately 20 years to build out the square footage outlined in the table above. An additional 1.3 million square feet of development is anticipated within the Downtown Waterfront Area in Phases 4 and 5. IJ Last Updated: 11/18/13 271 Whatcom County Economic Development Investment (EDI) PI-091-am Revolving Lome and Grant Program to Encourage Creation or Retention of Private Sector Jobs 15. How does this project support the economy of Whatcom County and how does it fit into a county wide economic development strategy? The Waterfront District is a 240 acre brownfield site in Whatcom County's regional center, downtown Bellingham. It is one of the largest underutilized sites in the County with potential to employ thousands of people and generate millions in revenue. The site can serve various sectors within our economy including marine trades and shipping, manufacturing, professional offices, technology, and higher education. Redevelopment of the Waterfront District achieves the following adopted action items listed in the Whatcom County Comprehensive Economic Development Strategy: o/ Identify, preserve and invest in our infrastructure and other physical assets to enhance the economic competitiveness of the region. v/ Support the retention, growth and attraction of businesses in the region. Foster economic prosperity in a way that promotes the creation of opportunities that align with our shared desire to enjoy and sustain our natural environment. ✓ Understand that the Regions' environmental resources are important assets that draw people here and are integral to Whatcom County's strong sense of place. ✓ Advocate for and support the region's educational institutions, especially its university and colleges. 16. What will the effect of this project be on the natural environment -- does the project address any issues related to public health, pollution, or quality of life? The Port and City commitments to the Waterfront District improve public health, pollution and quality of life in a variety of ways. Working with the State of Washington, we are cleaning up all the listed MICA sites within the District, improving wildlife habitat and creating a healthy and dynamic place to live, work and play. The Project, construction of roadways and utilities, will better manage area stormwater which will improve water quality for area stormwater discharging to Bellingham Bay. In addition, the roadway construction will complement the current environmental clean-up that is key to the overall site development. 17. Does this project address any existing issues related to public safety and/or does it increase public safety in the future or address a potential future public safety issue? The installation of the railroad crossing will ensure public safety at the existing railway corridor. In addition, the looped water system will provide more reliable water service (fire flow) to the eventual residents and businesses in the Downtown Waterfront and bog Pond area. The street access through the site will support bicycle and pedestrian facilities and will increase regional connectivity. 18. Describe specific quantifiable measures of the outcomes, other than purely jobs, that will demonstrate project success. Describe how you will measure this and explain what you expect to show as progress toward the outcome. 10 Last Updated: 11/18/13 272 Whateoin County Economic Development Investment (EDI) Program Revolving Loan and Grant Program to encourage Creation or Retention of Private Sector Jobs Outcomes: f Completion of the project is on time and within budget. o Open by December 2017 o Does not exceed $10A million ✓ New pedestrian, bike and vehicle access to Bellingham Bay. o Whatcom community has access to a part of Bellingham that has never been available to the public. ✓ Installation of access and utilities serving over 1 million square feet of development. o Development exceeds 1 million square feet. V Improved safety at the rail crossing. o The new crossing at Laurel will be built to quiet zone requirements and accommodate vehicles, bike and pedestrians in both directions. ✓ High quality infrastructure requiring minimal maintenance. o Utilities will be built to City of Bellingham and other relevant standards to be consistent with current maintenance practices. Both public and private systems will be connected to adjacent existing systems and looped where possible. Application for Funding — Certification I HEREBY CERTIFY THAT THE INFORMATION GIVEN IN THIS APPLICATION TO WHATCOM COUNTY FOR INVESTMENTS IN ECONOMIC .DEVELOPMENT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. Signature of Responsible Public Official: _ -' rv�_'=- Date ' 11 Last Updated: 11/18/13 273 Whatcom County Economic Development Investment (EDI) Program Revolving Loan and Grant Program to Encourage Creation or Retention of Private Sector Jobs EDI Technical Advisory Committee PROJECT SCORING SHEET S = Strong M = Medium 3 pts 2 pts l pt W = Weak S M W ECONOMIC IMPACT Develops economic development infrastructure T Retains or grows existing businesses Spurs additional private sector investment Will create new jobs Will retain existing jobs Provides above average wages Promotes community revitalization Will have significant local impact Will have significant regional impact Project will likely result in lasting benefit to the local community Project will likely result in lasting benefit to the regional community 3 pts 2 pts 1 Pt S M W ENVIRONMENT AND QUALITY OF LIFE Protects and/or improves the natural environment W� Supports the sustainable use of environmental resources Provides significant contribution to improved health or quality of life Will contribute to public safety, public health, or aesthetic improvements to community Reduces pollution — water, wastewater, or storm drainage 3 pts 2 pts l Pt S M W SAFETY AND PUBLIC SUPPORT Project improves safety _J Project addresses a current safety issue Project is supported in approved local plans 3 pts 2 pis 1 Pt S M W FISCAL CONSIDERATIONS Project budget is well thought out and reasonable Match funds in hand and sufficient Is there a demonstrated need for financing Source of loan repayment demonstrated Asking for both grant and loan 12 Last Updated: 11/18/13 274 Whatcom County Economic Development Investment (EDI) Program Revolving Loan and Grant Program to Encourage Creation or Retention of Private Sector Jobs PROTECT SCORING S = Strong M = Medium 3 pts 2 pts i Pt W = Weak S M W PROJECT READINESS Level of completion — engineering and design _ Detailed schedule provided Extent to which permits, approvals and other authorizations are met Time period over which private investment will occur and jobs created Total Number of Boxes Checked x3 x2 x1 MultipIied By Associated Points TOTAL SCORING POINTS Bonus Points: TOTAL OF ALL SCORING POINTS (Max 81, Mid 54 and Minimum 27) Add: 100 points if Project is "Jobs In Hand" Add: 50 points if Project is "Build It and .lobs Will Come" Add: 25 points if Project is "Community Enhancement" Add: 100 points if Request is Loan Only Add: 50 points if Request is Loan/Grant Combination Add: 25 points if Request is Grant Only GRAND TOTAL OF ALL SCORING POINTS (Max 281, Mid 154, Minimum 77) SCORING ASSESSMENT Scoring Rance of Points 281 points to 170 points _ Compelling Application — funding should be strongly considered 169 points to 125 points Moderate Application — funding might be considered Less than 125 points — Weak Application — funding should not be considered 13 Last Updated: 11/18/13 275 RESOLUTION NO, 2016.05 'A RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION REQUESTING FUNDING FROM WHATCOM COUNTY'S ECONOMIC DEVELOPMENT INVESTMENT (EDI) PROGRAM TO PARTIALLY FUND THE CONSTRUCTION OF ARTERIAL STREETS IN THE WATERFRONT DISTRICT. WHEREAS, the City and the Port have been working cooperatively since 2005 to 'redevelop the Waterfront District into a mixed -use urban waterfront with commercial, industrial, residential, public, and recreational uses; and WHEREAS, the Waterfront District is a Brownfield site, The upland properties were historically zoned and used for industrial purposes, including marine industrial uses, fish processing, paper and pulp mill uses, two municipal landfills, a deep water shipping terminal, and wood treatment facilities, The aquatic land uses included a process water treatment facility and two federal channels; and WHEREAS, in 2013 the City and the Port adopted a Sub -Area Plan and a Development! Agreement to guide and facilitate redevelopment of the Waterfront District; and WHEREAS, in 2013 the City adopted Development Regulations, Design Standards, and a Planned Action Ordinance to regulate development within the Waterfront District; and WHEREAS, in 2013 the City and Port entered into an Interlocal Agreement for Facilities within the Waterfront District to allocate obligations for phased implementation of site cleanup, streets and parks; and WHEREAS, the redevelopment of the Waterfront District is a long-term effort, -equiring a phased implementation and partnerships with other agencies, including Whatcom —ounty and state and federal agencies; and WHEREAS, both the Port and the City agreed to direct their increased property tax 'evenue from the Waterfront District and surrounding properties toward meeting the City's )bligations to construct streets and parks through a state -authorized Local Infrastructure {inancing Tool ("LIFT") for a 25-year period; and WHEREAS, in 2007 Whatcom County Council set aside funds for the development of In eligible Bellingham waterfront development project in lieu of participating in the Local nfrastructure Financing Tool; and resolution #2016.05 City Or Bellingham CITY ATTORNEY 2I0 Lottie Street Bellingham, Washington 98225 Telephone (360) 778-8270 276 WHEREAS, the City is preparing to design and construct the first and primary arterial street connection through the Downtown Waterfront Area site, specifically, the construction of Granary Avenue and Laurel Street; and WHEREAS, constructing Granary Avenue and Laurel Street will create conditions making the area attractive to private investors and developers and this application will further the objectives of the EDI program; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BELLINGHAM THAT: The Mayor of Bellingham is authorized to submit an application to Whatcom County requesting funding from Whatcom County's Economic Development Investment program to partially fund construction of arterial streets in the Waterfront District. PASSED by the Council this $th day of February, 2016. A A FORM: of tf to ffty Attorney, Resolution #2016-05 City of Bellingham CITY ATTORNEY 210 Lottie Street Bellingham, Washington 98225 Telephone (360) 778-8270 277 A/ 3 34 E� ugga IY 278 w w Q z2 C7 V) Z w LLJ m Q CL m w L Z V 0 O O 'a (a E O � N N O O co CL0 C C CL tD O O n O Un u i ao tl, m a L n u d w J w � J � LU LJLIo y M: u S N v LLJ Z w N O O m u v LLI Q J J nf D � Q MIMMEMi to ev ti J Q 0 N z 0 Q 279 U) O u z 0 v F- cn Z O Y V Q m O w -}O. W O w m d Q LL Q Q _Z V o w J N LL- UJ m m W U, w V 0 _Z w z O U W GL, LO t o u O a ^ :c m m -o V) m o oo ca O o- o m csy Q v L C o 4� M l7 `� m -o 0 II 0 V, ? 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J tL W ac U cr U Q z f1' z Z 2 Z u h O I J 2 0 h Z p Z L7 J � Z Z 0 F G in O h= Z n H 00 z V�_ oo -� zF Q �L 00 ° J U U Q Z Z W F �^ Z J uj v�Iczuu�ao 0 0 moo o w0 F-= ,-[ N M 'd' Ln w N 00 M ri c N E CD 6 QS 0 N 281 k F- a N LL w v ix w w z z uU 282 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-229 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator SW 06/29/16 im� rr -, ,- II�� �\� C E E 07/12/16 Finance Committee _ 7/12/16 -- _Council Division Head: I_� l V JUL1 WHAT COM COUNTY Dept. Head: Prosecutor: Purchasin /Bud et: // COUNCIL ` Executive: TITLE OF D : Bid #16-30 2016 Drydocking, Repair & Maintenance of the Whatcom Chief Ferry 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 Equipment Services Division is requesting approval to award bid 16-30, and approval for the Executive to enter into a contract for the annual drydocking, repair, and maintenance of the Whatcom Chief Ferry. Three bids were received and the recommendation is for award to the low bidder, Lake Union Drydock Company, for a total cost of $488,826.00. This is a planned project and funds were approved in the current budget. 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: .co.whatcom.wa.us/council. EQUIPMENT SERVICES DIVISION 901 W. Smith Road Bellingham, WA 98226-9610 Phone (360) 778-6400 Fax (360) 778-6401 Eric L. Schlehuber, Division Manager To: Brad Bennett, AS Finance Manager Through: Jon Hutchings, Public Works Director - From: Eric L. Schlehuber, PW Equipment Services Manager(�5) Date: June 29, 2016 Re: Bid #16-30, Drydocking, Repair & Maintenance of the Whatcom Chief (2016) 0 Requested Action Approval requested to award the bid and subsequent contract for the 2016 Annual Drydocking, Repair and Maintenance of the Whatcom Chief to the lowest responsive bidder, Lake Union Drydock Company in Seattle, Washington in the total amount of $488,826.00. ® Background and Purpose Bids were duly advertised and submitted for the annual drydocking, repair and maintenance of the Whatcom Chief Ferry. Public Works Equipment Services Division contracts out annually the drydocking of the Whatcom Chief Ferry. Bid responses were received Tuesday, June 28, 2016. We received responses from three vendors. This year's drydock is anticipated to take up to three weeks from September 8 to September 29, 2016. The Engineer's estimate was $371,425.00 as compared to the low bid amount of $488,826.00. The reasons for this variance are as follows: • The single biggest cost difference is for actual drydocking of the vessel. Drydocking costs appear to have increased significantly over the last two years. The low bid for this item in 2014 was $41,000. The low bid for this item in 2016 is $85,000. • There is an additional $25,000 in miscellaneous work that was not accounted for in the original Engineer's cost estimate. • The work items related to fixing the leaking exhaust piping and replace the exhaust silencers/mufflers and expansion joints are higher than estimated. It is likely the bidders increased their estimates to cover the uncertainty of these work items. • The bids for replacing five thin spots on the hull (identified by the 2014 Condition and Valuation Survey and required to be corrected by both the USCG and our vessel insurance carrier) and sandblasting the steering gear compartment void spaces are quite a bit higher than the Engineer's estimate. The bids vary quite a bit between the shipyards ($27,000-$45,000 and $50,000-$80,000 respectively). • Other items that have some level of uncertainty show a larger discrepancy from the Engineer's estimate, but also a larger variance between the bids. Specifically this includes the items to inspect/repair propellers, replace rusted fresh water tank with a poly tank and fixing a leak in the bilge piping. Page 1 of 2 Factoring in the above items the low bid exceeded our Engineers estimate by approximately $92,000 or just under 25%, however it is unlikely we could get a more competitive bid this year. I am requesting that we award the bid because the timely repair and maintenance of the vessel is necessary to insure its continued safe and reliable operation 365 days a year. Listed below is the detailed bid tabulation for the lowest responsive and responsible bid that meets minimum specifications of the three bid responses received for the annual drydocking for 2016. DRYDOCKING, REPAIIRS,'& MAINTENANCE OF THE WHATCOM CHIEF (2016) VENDOR TOTAL Lake Union Drydock Company $488,826.00 0 Funding Amount and Source Adequate funds exist within the 2015-2016 ER&R fund budget and is within the budgeted expenditure amount for repairs and maintenance as approved during the 2015-2016 budget process. I am requesting Executive and the Whatcom County Council approval to award this bid and subsequent contract to Lake Union Drydock Company (Seattle, Washington) for a total of $488,826.00. 0 Recommended Action Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the July 12, 2016 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 6405 if you have any questions or concerns. Page 2 of 2 285 WHATCOM COUNTY ADMINISTRATIVE SERVICES (FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager DATE: June 29, 2016 TO: Jack Louws, County Executive FROM: Brad Bennett, AS Finance Manger SUBJECT: Award of Bid 16-30, 2016 Drydocking, Repair & Maintenance of the Whatcom Chief Ferry BACKGROUND Bids were advertised for the annual drydocking, repair, and maintenance service for the Whatcom Chief Ferry. Three bids were received on June 28, 2016. The bid totals are as follows: VENDOR TOTAL BID Puglia Engineering $528,123.00 Foss Maritime $708,766.00 Lake Union Drydock 7$488,826.00 Public Works Equipment Services Division requests approval to award the bid and enter into a contract with the low bidder Lake Union Drydock Company, in the amount of $488,826.00. FUNDING This is a regularly budgeted project and funds for this purchase were approved in the current budget. I concur with this recommendation. A Finance Manager Approved as Recommended: County Executive Date of Council Action jyo� L6 0473 Ulu f UUIV11 Date,geceived in Council Offfce Agenda. Date A�jsi CLEABANCES Initial Date Origindtor: M.A. 211012016 2/9/2016 COTW Uatt W. Aamot Division Head: 2/23/2016 COTW iWark Personius - — Dept Head.- .2 3/22/16 SCOW C Sam Ryan Prosecutor: 3/29/2016 SCOTTR Royce 3uckinglzom PurchasinglBudget: 4/5/20T-6 SCOTW AN' 1,1 4/19/2016 SCOTW Executive: Jack Louivs 5/3/2016 SCOTW// Public Hearing 1� AG TITLE OF D 5/10/2016 ISCOTW 5/17/2:016 SCOTW t5/3L/20�6 3CTOW Discussion regarding Whatcorn County Comprehensive Plan Chapter 2, Land Use 6/14/2016 SCOTW t6/21/16 SCOTW 7 5/2016 SCOTW CONT. ON ATTACHED PAGE ATTA-CM EiVT.- Related paperwork can be found at: www.co.whatcom-wa.usZ2346/Comprehensive-Plan.-Update-Process SEPA review required? ( X ) Yes ( ) IVO Should Clerk schedule a hearing? Yes X ) NO SEPA review completed? ( X ) Yes ( ) IVO SUIMM4RY STATMWElYT Pff LEGAL !YDITICE LAivGUAGE. (If this gteyn ts ar ardinance or requires apn-bllc hearing, you must provide the languagefor use in the required public notice. Be specific and cite RCWor WCCas appropriate. Be clear in explaining the intent of the action.) The Council is conducting the Whatcom County Comprehensive Plan and urban growth area (UGA) review as required by the Growth Management Act under RCW 36.70A.130. It is anticipated that the County Council will adopt an ordinance amending the Whatcorn County Comprehensive Plan and UGAs by the end of June 2016. COlPflWAY T TEE A, C TI 2/9/2016: Briefed and discussed. Approved motions to 5/3/2016: Public Testimony Received preliminarily accept recommendations for the Urban Growth Areas (UGAs) 2/23/2016: Briefed and discussed 3/22*/2016: Briefly discussed- Committee voted to affirm previous decision to support the proposed Birch Bay UGA 3/29/2016: Discussed and provided preliminary direction 4,15/2016- Discussed and provided preliminary direction 14/19/2016: Comments Received 14/19/2016: Discussed and provided preliminary direction 0/3/2016: Comments Received and prelim. direction given 5/10/2016,-, Comments Received and prelim. direction given ,15/17/2016: Comments received but not discussed 5/31/2016: This was not discussed Ordinance or Resolution Number: 6/14/2016: Comments not received and not discussed Related File: 6/21/20164. Comments received and prelim. direcLiga-glygn— AB2016-047 CONTIENUED ON ATTACHED PAGE Please 1'%Jjte: Once adopted and signed, ordinances and resogutious are availablefor viewing andprinting on ;rn-wa, the CoggnVs websiteat.- WHATCOM COUNTY COUNCIL AGENDA BILL Page Two AB2016-047B COMMITTEE ACTION.• 7/5/2016: Comments received and held for a week Agenda Date Assigned to: 71512016 SCOTW 711212016 SCOTW COUNCIL ACTION.• KW County Council Preliminary Draft June 21, 2016 2 - Land Use 1 Chapter Two 2 Land Use 3 4 Introduction 5 6 The fundamental precepts of this elhlapteF andthe Whatcom County Comprehensive 7 Plan are+s to comply with the Growth Management Act (GMA), adhere to the 8 County -wide Planning Policies and implement the Vision for Whatcom County_ —as 9 10 *** VISION *** Whatcom County is a place where urban growth is concentrated in urban areas, where there is a distinct 'boundary between "urban and rural uses, where agricultural use is encouraged, and where resource lands and water resources are protected, egfaffts. Rural areas are peaceful and quiet with less traffic and congestion than in urban areas. There is low -density development with open spaces allowing for privacy. A sense of community is retained and local central is—exeresed-input is considered in land use decisions. 11 12 Chapter Organization 13 14 The Land Use chapter and map include a set of adopted land use designations 15 which combine the predicted needs of future populations with the availability of 16 land and the desires of residents. These needs and desires are expressed through 17 the goals;_ and policies, and ac-tiens included below as well as through 18 implementation of the land use map. This chapter is divided into sections that 19 address: 20 21 • Overall Land Use 22 • Urban Growth Areas UGAs 23 • Rural Lands 24 • Urban Growth Area Reserves 25 • Special Study Areas 26 • Comprehensive Plan Designations 27 • Open Space 28 • Essential Public Facilities; and 29 • Adult Businesses 30 • Historic and Cultural Resources 11 I Process 3 Whatcom County Comprehensive Plan 2-1 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 I GMA Goals; and County -Wide Planning Policies, and Gemmuhity 3 4 The Land Use chapter supports many of the GMA goals. The land use plan is based 5 on a vision of Whatcom County that concentrates growth in urban areas but 6 recognizes the need for economic diversity across the country. This chapter has 7 been coordinated with all other chapters in the plan. Natural resource industries are 8 encouraged and property rights and the permitting process are addressed. 9 10 I County -Wide Planning Policies (CWPP), found in Appendix C, are supported 11 throughout the Land Use chapter in goals, policies, and actions and in land use 12 designations. 13 14 The "Urban Versus Rural Distinctions" and "Urban Growth Areas" sections of the 15 CWPP are addressed by discouraging urban levels of development outside urban 16 growth areas, allowing small cities adequately sized UGAs, accommodating the 17 projected population and calculating needed land area, defining rural areas and 18 drawing distinct boundaries between rural and urban areas, and minimizing impacts 19 on resource lands and environmentally sensitive areas. 20 21 The "Contiguous, Orderly Development and Planning in Urban Growth Areas" 22 section of the CWPP is addressed through the urban growth area analysis and 23 identification of areas where timely and adequate services can be provided. 24 The "Open Space/Greenbelt Corridors" section of the CWPP is addressed and 25 supported in goals and polices in the Open Space section of this chapter and in the 26 designation of Open Space Corridors. 27 28 Goal 6 of the Growth Management Act, regarding Property Rights and the "Private 29 Property Rights" section in the CWPP 30 have been addressed by the emphasis on incentives including transfer of 31 development rights rather than downzoning. The Fiscal Impact section of the CWPP 32 has been addressed by providing urban growth areas in the county, providing for 33 economic development opportunities in the eastern portion of the county; and 34 addressing fiscal impact in interlocal agreements with cities. 35 36 The Citizen Participation goals of both the Growth Management Act and the County- 37 Wide Planning Policies have been addressed in the development of this chapter 38 through 39 , citizen committee participation, town hall 40 meetings, and public hearings. Also, specific goals and olp iciesactiens give direction 41 for property owner notification and the establishment of on -going citizen committee 42 input. 43 44 The Land Use chapter also incidentally addresses and is coordinated with many 45 1 others ef the County -Wide Planning Policies. 46 Whatcom County Comprehensive Plan 2-2 290 County Council Preliminary Draft June 21, 2016 ter 2 - Land Use 1 Overall Land Use 2 3 Introduction 4 5 Purpose 6 7 The purpose of this section is to provide a broad, general direction for land use 8 policy in Whatcom County. It is the foundation upon which all of the subsections of 9 the Land Use chapter are based: 10ngeehan*srn e f m 11 12 Process 13 14 The Land Use chapter was developed to address future land use in Whatcom 15 County in accordance with Section 36.70A.070 of the Growth Management Act. It 16 represents the county's policy plan for growth over the next twenty years. The Land 17 Use chapter implements many of the goals and objectives in the other plan 18 chapters through adopted land use designations and other action 19 recommendations. 20 21 The Land Use chapter was also developed in accordance with the County -Wide 22 Planning Policies 23 2031 Vmsiening reeengn9enElatiens and eengfflunity value statengents, and was 24 integrated with the other plan chapters to ensure consistency throughout the 25 comprehensive plan. The Land Use chapter considers the general distribution and 26 location of land uses, the appropriate intensity and density of land uses given 27 current development trends, and the provision of public services. Oil- "11. FRPMR-OwIffil, 41 GMA Requirements 42 43 Section 36.70A.070 of the Growth Management Act requires that the 44 comprehensive plan of a county include a land use element which designates 45 proposed general distribution and general location and extent of the uses of land, 46 where appropriate, for agriculture, timber production, housing, commerce, industry, Whatcom County Comprehensive Plan 2-3 291 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 recreation, open spaces, general aviation airports, public utilities, public facilities, 2 and other land uses. It is required to include population densities, building 3 intensities, and projections of future population growth. Building intensity can be 4 described in terms of such variables as lot coverage, building height, and the 5 spacing between buildings and property lines and between buildings and other 6 structures. The GMA also states that the goals and policies of the Shoreline 7 Management Program are considered elements of the Comprehensive Plan (RCW 8 36.70A.480). 9 10 Background Summary 11 12 Most of the non-federal land in unincorporated Whatcom County is dedicated to 13 forestry and agricultural uses. The next largest category of land use is residential. 14 Much smaller areas of the county are dedicated to industrial, commercial, and other 15 uses. 16 17 The goal of growth management is to provide sufficient land area with adequate 18 facilities and utilities either presently available or economically feasible to 19 accommodate future growth. This means having an adequate distribution of land to 20 provide housing, services, jobs, and resource land for the expected population. 21 Whatcom County has almost 790 square miles of area outside of National Park and 22 I National Forest, which will accommodate the expected increase in population—e€ 23 over the 20-year planning period in Whatcom County. However, this 24 growth must be accommodated in ways that achieve desired land use goals. 25 26 An adequate supply of serviced industrial and commercial land must also be 27 provided to accommodate the projected increase in employment. it :s expeeted that 28 an increase ef apprexingately 33,188 29 ei=eated in the next twenty yeaFs. 30 31 A key need for meeting land demands to generate family wage employment is land 32 that is "ready to go" for industrial development. Mest-Many potential industrial 33 employers seeking to locate in Whatcom County require large tracts of land where 34 the infrastructure and site improvements are already in place. This is a major 35 missing element of the industrial land supply. 36 37 It is important to assess the demand and supply of land planned and zoned for 38 various types of uses to meet the economic needs of the county, as well as utilize 39 this information to guide policy decisions regarding land use. The multiplicity of 40 values reflected in the vision statements must all be considered, in addition to the 41 competing goals and policies in other chapters of the comprehensive plan. Having 42 adequate residential lands must include adequate provision of services, and it 43 means densities that meet the mandates of the Growth Management Act to prevent 44 urban sprawl as well as reflecting the desires of Whatcom County residents. 45 Industrial lands should be provided in areas that have access to transportation 46 routes and adequate infrastructure and can meet the demands of market trends. Whatcom County Comprehensive Plan 2-4 292 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 Commercial areas should also be located so as to provide the kinds of goods and 2 services that meet the needs of local residents with consideration given to market- 3 driven forces. Sufficient urban land must be provided to accommodate growth. 4 Rural areas with a range of densities must also be available. All of this needs to be 5 done in light of those aspects of the county which are most valued: water quality, 6 productive agricultural land, economic development in rural areas, distinct 7 boundaries between rural and urban areas, and predictability in land use plans. 8 9 Issues, Goals, and Policies 10 11 Issues for this section were drawn from these edent,ffe ^ the Growth Management 12 Act and public participation. 13 , 14 SUFveys/questiennaires and ether ngethedis were used te identify what was 15 16 17 Accommodating Growth 18 19 I The Growth Management Act requires, and the Vision statementGemmunity Value 20 Statements encourages concentrating growth inte urban growth areas. This allows 21 for efficient provision of services and preservation of rural areas as quiet, open 22 spaces where development pressures are not such that extraordinary regulations 23 must be imposed. A distinct boundary is needed between rural and urban areas, 24 discouraging sprawl, maintaining desired rural lifestyles, and conserving agricultural 25 land. 26 27 I Goal2A: Ensure designationprev4sion of sufficient land and 28 densities, with consideration of water availability, to 29 accommodate the growth needs of Whatcom County and 30 protect the local economy, rural lifestyle, habitat, fish, 31 and wildlife which are the cornerstone qualities that 32 make the county a desirable place to live. 33 34 Policy 2A-1: Concentrate urban levels of development within designated 35 urban growth areas. 36 37 Policy 2A-2: Draw a distinct boundary between urban and rural uses. 38 39 Policy 2A-3: Provide a range of land uses designations that -which considers 40 locational and market factors as well as required quantities of 41 land. 42 43 Policy 2A-4: Designate land uses that reflect the best use of the land. 44 45 Policy 2A-5: Provide predictability to property owners in land use 46 designation. Whatcom County Comprehensive Plan 2-5 293 County Council Preliminary Draft 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 June 21, 2016 Chapter 2 - Land Use Policy 2A-6: Allow appropriate development in existing small self-contained communities through the use of the "Rural Community" land use designation. Policy 2A-7: Establish sufficient levels of developable residential, commercial, and industrial lands informed by approved population and economic forecasts inventory of existing use, land capacity outside of critical areas and buffers cost of infrastructure, legally available water, and goals and policies of all chapters of this plan. aced. fesidential, Fri , and industrial Policy 2A-8: Include business/industry parks, tourist/resort areas, and allowance for existing crossroads commercial areas within urban growth areas or limited areas of more intensive rural development. Policy 2A-9: Retain existing rural and heavy industrial areas in the northwestern region of the county within urban growth areas or limited areas of more intensive rural development. Policy 2A-10: Recognize the importance of tourism and its influence on the need for land for various types of development. Policy 2A-11: Ensure that the development potential of contiguous lands in common ownership is not compromised when urban growth boundaries and/or LAMIRD boundaries are designated. This should be accomplished without expanding UGA boundaries beyond that ownership and without bridging natural divisions of urban/rural land uses such as roads, rivers, and other natural features. Policy 2A-12: Adoption of residential, industrial and commercial comprehensive plan or zoning designations in rural areas must comply with the criteria for "limited areas of more intensive rural development" in the Growth Management Act (RCW 36.70A.070(5)). Policy 2A-13 Allow for adequate economic development to provide economic sustainability, adequate employment opportunities, and services in and for the rural areas. Whatcom County Comprehensive Plan 2-6 294 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 2 Policy 2A-14: Strive to establish by December 2017 a clear, predictable, and 3 fair process for allowing expansion of urban growth areas that 4 considers reasonable measures to mitigate the impacts of 5 residential development in rural lands, agricultural areas 6 (broadly defined), and sensitive watersheds. This process should 7 include: 8 1. Consultation with a focus group of potential TDR/PDR users 9 in the building industry. 10 2. Convening a multi -stakeholder work group, including the 11 Cities, tasked with: 12 • Reviewing the current TDR and PDR programs. 13 • Identifying political, financial, and regulatory barriers to 14 effective TDR and PDR programs_ 15 • Identifying opportunities and solutions for creating a 16 workable TDR program. 17 • Identifying mechanisms to create a PDR fund that could 18 be used to protect important agricultural and rural lands. 19 • Recommending policy and regulatory amendments 20 necessary to implement the above policy. 21 • Identifying proposed sending areas in critical areas, the 22 Agricultural Zone, and the Rural Study Areas. 23 • Identifying receiving areas. 24 • Identifying other factors and/or growth management 25 tools. 26 ® Exchangeable development rights that have economic 27 value, with the potential for multiple methods of assigning 28 and converting value. 29 30 • Interlocal agreements that grant economic value to 31 exchangeable development rights and that insure 32 development rights can be used in receiving areas. Whatcom County Comprehensive Plan 2-7 295 County Council Preliminary Draft June 21, 2016 Chanter 2 - Land Use 1 3 Based upon the findings of the multi -stakeholder work group, 2 consider strategies that could require purchase, transfer or 3 otherwise incentivize removal of potential development rights 4 from rural or resource lands in exchange for UGA expansions 5 and other upzones. 7 Policy 2A-15 Strive to improve predictability to property owners regarding the 8 connection between legal water use, and land use and 9 development by: 10 11 • Supporting completion of groundwater studies that provide a 12 better understanding of water quantities available and the 13 connection between groundwater use and in -stream flow levels. 14 15 • Supporting the efforts of water purveyors to develop new legal 16 water sources and the infrastructure and systems necessary to 17 transport that water to existing water users that lack safe 18 potable water or sufficient water rights. 19 20 Encouraging a negotiated water rights quantification and 21 settlement between .the Lummi Nation Nooksack Indian Tribe 22 and other water users in the Nooksack River basin. 23 24 • Encouraging the Department of Ecology to protect instream 25 flows, particularly in times of extremely low summer flows. 26 27 • Coordinating_ with the Department of Ecology to find solutions 28 to provide adequate water for out -of -stream users while 29 protecting in -stream flows. Potential solutions may include 30 consideration of recycling, conservation, water banking, public 31 water system interties, stream recharge augmentation, change 32 in place of use, desalinization and other alternative water supply 33 measures. 34 35 • Requesting the Department of Ecology to create a water 36 management plan for exempt wells in closed water basins that 37 better alms in -stream flows with current water rights and legal 38 decisions on hydraulic continuity. 39 40 Resort Communities and Master Planned Resorts Whatcom County Comprehensive Plan 296 County Council Preliminary Draft June 21, 2016 2 - Land Use The County's resort areas are important to the economic viability of the County's tourist industry and provide numerous and varied recreational opportunities for county residents and visitors. Historically important resort areas include Birch Bay, Point Roberts, the Semiahmoo area, and the Mount Baker winter recreational area. Resort communities provide recreational opportunities for residents of the surrounding areas. Goal2B: Encourage the continued viability of existing resort communities and allow the development of new Master Planned Resorts in the future. Policy 2B-1: Permit through the planned unit development process master planned resorts in settings of significant natural amenities within urban growth areas. Policy 2B-2: New large-scale resort development in rural areas outside of UGAs and outside established resort areas, should only be permitted as Master Planned Resorts and only when substantially in compliance with these policies and with RCW 36.70A.360. Policy 2B-3: Work with property owners in the resort communities to develop an understanding of the unique needs of these areas and evaluate land use regulations for their responsiveness to these needs. Policy 2B-4: New resort development and Master Planned Resorts should be developed consistent with the development regulations established for critical areas. Policy 2B-5: No new urban land uses should be allowed in the vicinity of Master Planned Resorts, except in areas otherwise designated as urban growth areas under the Comprehensive Plan. Policy 2B-6: Capital facilities, utilities, and services, including those related to sewer, water, storm water, security, fire suppression, and emergency medical, provided on -site shall be limited to meeting the needs of the master planned resort. Such facilities, utilities, and services may be provided to a master planned resort by outside service providers, including municipalities and special purpose districts, provided that all costs associated with service extensions and capacity increases directly attributable to the master planned resort are fully borne by the resort. A master planned resort and service providers may enter into agreements for shared capital facilities and utilities, provided that such Whatcom County Comprehensive Plan 2-9 297 County Council Preliminary Draft June 21, 2016 ter 2 - Land Use facilities and utilities serve only the master planned resort or urban growth areas. Policy 213-7: Master Planned Resorts should only include other residential uses within its -their boundaries if residential uses are integrated into and support the on -site recreational nature of the resorts. The density of such residential uses should be consistent with density requirements of the zoning code.p+af,Te#--torTit development ai eta Reason for change: Planned unit developments are only allowed within UGAs (WCC 20.85.020). Since this policy applies to both UGAs and areas outside UGAs, it should reference the zoning code regulations. Policy 213-8: Master Planned Resorts should only be approved when it can be demonstrated that on -site and off -site impacts to public services ` and infrastructure have been fully considered and mitigated. Policy 213-9: Master Planned Resorts should not be located on designated agricultural lands. Master Planned Resorts should not be located on forestry resource lands designated under the Comprehensive Plan. Capital Facilities There should be a relationship between provision of services and land use designations. Levels of service need to be set that will assure adequate services within realistic financing capabilities. This needs to be balanced against the amount of funding which taxpayers are willing to support. Goal 2C: Channel growth to areas where adequate services can be provided. Policy 2C-1: Coordinate capital facilities and land use planning. Policy 2C-2: Support the comprehensive plan with capital facility plans that facilitate urban growth in UGAs at acceptable urban levels of service. Policy 2C-3: Preclude urban development within a UGA until public services and facilities are available. Policy 2C-4: Prior to modifying growth allocations or UGA boundaries, ensure that capital facility plans address the following elements: Whatcom County Comprehensive Plan 2- 10 WN County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use • Provide a 20-year facility plan to serve urban growth within the UGA boundaries. • Provide financial plans addressing at least a 6-year period with funding sources. • Address existing un-served areas as well as new UGA expansion areas. the Gernprehensive Plan, ef the- 2011. Recendliatien steps will inelt- - - :- ia- I, - --------- - -----• . The County will coordinate with city, special district, and other service providers to ensure amendments to capital facility plans support the Comprehensive Plan. 44 Reason for Change: In the 2009 UGA review, policies were placed in the 45 comprehensive plan relating to "reconciliation" of the capital facility plans with the Whatcom County Comprehensive Plan 2- 11 299 County Council Preliminary Draft June 21, 2016 2 - Land Use 1 land use plans. One of the main reasons that reconciliation policies were adopted 2 was that the GMA had different deadlines for conducting the UGA review and 3 updating the remainder of the comp plan. The GMA has since been amended to 4 delay the comp plan update requirement from 2011 to 2016 and to require the next 5 UGA update by 2016. Because of the changes to the GMA, "the 'land use and capital 6 facilities planningefforts are being' considered at the same time and no longer 7 require a "reconciliation" process. 8 9 Regulations 10 11 It is very important to Whatcom County citizens to maintain local control over land 12 use decisions. At the same time seme people want to see Fegulations st"Feulllllll�� 13 and reduced. Regulations should be clear, concise, and predictable with enough 14 flexibility to allow for reasonable and efficient decision -making. Regulations should 15 be enforced. People weuld like to see an Promote and maintain incentive programs 16 to encourage land to be used in ways that meet community goals. 17 18 Goal 2113: Refine the regulatory system to ensure accomplishment 19 of desired land use goals in a fair and equitable manner. 20 21 Policy 2D-1: Eliminate unnecessary regulations. 22 23 Policy 2D-2: Eliminate regulations that could be more effectively achieved 24 through incentive or education programs. 25 26 Policy 2D-3: Streamline development regulations to eliminate unnecessary 27 time delays. 28 29 Policy 2D-4: Coordinate permitting requirements among jurisdictions to 30 minimize duplication and delays. 31 32 Policy 2D-5: Provide enforcement of regulations. 33 34 Policy 2D-6: Review and update the Whatcom County Shoreline Management 35 Program in accordance with the schedule in the Shoreline 36 Management Act (RCW 90.58.08 )).ass the State issuers new 37 Updates should improve the integration of the 38 Shoreline Program with Growth Management and with the 39 Cherry Point Aquatic Reserve Management Plan in order to 40 provide predictability and consistency in regulation, and 41 eliminate regulatory redundancy. 42 43 Reason for Change: The Whatcom County Shoreline Management Program applies 44 to the marine waters adjacent to Cherry Point area and to the uplands within 200' 45 of the shoreline. The Cherry Point Aquatic Reserve Management Plan, which is a Whatcom County Comprehensive Plan 2- 12 300 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 state plan, applies to state owned aquatic lands adjacent to the Cherry Point area 2 (except the areas subject to aquatic leases). It makes sense to consider the state 3 plans for these aquatic lands as the Whatcom County Shoreline Management Plan 4 applies to these same aquatic lands. 5 6 Policy 2D-7: Incompatible uses will be discouraged adjacent to public use 7 airports to preserve the safety and efficient use of these 8 airports. Incompatible uses are land uses that: 9 • Could be impacted by airplane noise; 10 • Could create or be impacted by airplane accidents; or • Create height hazards that could adversely impact aircraft .11 12 that are taking off or landing. 13 14 Policy 2D-8: Require disclosure of potential airport noise impacts to people 15 who are buying or obtaining a permit on property within one 16 mile of a public use airport. 17 18 Policy 2D-9: Land uses that are incompatible with the operation of the 19 Bellingham International Airport or Lynden Airport should be 20 discouraged when Whatcom County evaluates conditional use 21 permits and rezones. Specifically, Whatcom County should 22 follow the process set forth below when considering whether 23 proposed conditional use permits and rezones would allow 24 incompatible land uses: 25 26 Notify the applicable airport representative of the proposed 27 conditional use permit or rezone. Consider comments 28 submitted by the airport representative relating to 29 compatibility of the proposed land use with the operation of 30 the airport; and 31 32 Determine whether the proposed conditional use or rezone is 33 within zone 1 (runway protection zone), zone 2 (inner 34 approach/departure zone), zone 3 (inner turning zone), zone 35 4 (outer approach/departure zone), zone 5 (sideline zone), 36 ( or zone 6 (traffic pattern zone) as shown on in the Safety 37 Compatibility Zone Examples from the California Airport Land 38 Use Planning Handbook (Shutt Moen Associates, January 39 2002, p. 9-38). Safety compatibility zone "example 1" will be 40 applied to the Lynden Airport and safety compatibility zone 41 "example 3" will be applied by the Bellingham International 42 Airport; and 43 44 Compare any proposed or potential land uses within zones 1 45 through 6 with the Basic Safety Compatibility Qualities and 46 the Safety Compatibility Criteria Guidelines in the California Whatcom County Comprehensive Plan 2- 13 301 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Airport Land Use Planning Handbook (Shutt Moen Associates, January 2002, pp. 9-44, 9-45 and 9-47) and identify incompatible land uses. • The above provisions of Policy 2D-9 do not apply to property owned by the airport. However, airport owners should assess the compatibility of land uses proposed on airport property with operation of the airport. Policy 2D-10: Discourage tall structures around public use airports that hamper the efficient and safe use of navigable airspace. Specifically, discourage structures from exceeding the height of the imaginary surfaces defined in Federal Aviation Regulations (FAR) Part 77 around airports that have mapped such imaginary surfaces (airports that have mapped Part 77 imaginary surfaces are shown in Appendix I of the Whatcom County Comprehensive Plan). Goal2E: Encourage both a stewardship ethic and respect for cultural resources and natural systems and processes as well ash support individual responsibility to achieve community values. Policy 2E-1: Provide education on the assets of the community and offer incentives for individual citizens to take responsibility to protect those assets. Goal 2F: Make use of incentive rroog_rams that can effectivelyG-ive-a high prierity to the use of a comprehensive pregrarn encourage achievement of land use goals. Policy 2F-1: Develop a set of incentives, including economic, which encourages property owners to achieve land use goals. Policy 2F-2: Base incentive programs on suggestions from citizens, government officials, and experts in the field. Policy 2F-3: Revise regulations to include incentive programs. Policy 2F-4: Review and adopt, where appropriate, incentive programs such as cluster density bonuses in urban growth areas, purchase of development rights, transfer of development rights., and tax deferrals. Whatcom County Comprehensive Plan 2- 14 302 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Policy 2F-5: Monetary compensation as an economic incentive shall be based only on market value at the time of compensation, not on "possible" future value of the land. Policy 2F-6: Monitor incentive programs on a five-year basis to ensure the comprehensive plan goals are being achieved. Develop an alternate approach if necessary, using adaptive management steps to effect compliance with individual programs. Rationale for Change: This policy has been modified and moved to Chapter 11, Environment. Public Participation in Decision -Making LMMA Goal2G: Encourage citizen participation in the decision -making process. Policy 2G-1: Examine and improve methods to notify affected property owners of proposed land use changes. Policy 2G-2: Ensure early and continuous public involvement in planning decisions through development and implementation of public participation plans for large-scale, long-range planning activities. Property Rights Property rights are an important issue in Whatcom County. Peeple want to use t land as they wi -Land can be used as desired as long as it doesn't conflict with the rights of others. It is not necessary for the preservation of property rights and protection of the environment and resources to conflict with one another. People are looking for ways to achieve all of these things. They understand that it is important to protect the community's general interest. Goal2H: Preserve private property rights while recognizing the importance of the rights of the community, including protecting the natural environment and conserving resources. Whatcom County Comprehensive Plan 2- 15 303 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 2 Policy 2H-1: Review and retain regulations that serve to protect the public 3 welfare, health, and safety. 4 5 Policy 2H-2: Establish incentive programs such as cluster density bonuses in 6 urban growth areas, purchase of development rights and 7 voluntary, workable transfers of development rights, where 8 appropriate, to compensate property owners whenif rights are 9 unduly infringed upen. 10 11 Policy 2H-3: Provide information to the public as to government's role and 12 responsibility in relation to property rights. 13 14 Diverse Cultural Composition 15 16 I Whatcom County is becoming more diverse and people 17 undeFstand that accepting this diversity is important. 18 19 Goal 23: Encourage individuals to honor and respectaeeept cultural 20 diversity in our community. 21 22 Policy 21-1: Encourage the preservation of cultural resources. 23 24 Policy 23-2: Ensure that land use policies are not discriminatory. 25 26 Policy 23-3: Cooperate with Tribal governments to ensure local traditions are 27 respected in all land -use decisions. 28 29 Policy 2J-4: Protect culturally and spiritually significant places from non- 30 essential development that is viewed as incompatible by the 31 affected community. 32 33 Flooding 34 35 Flooding of rivers and streams in Whatcom County is a natural event due to the 36 combination of climate, geology, and topography present in the region. Two major 37 floods occurred in 1989 and 1990 along the Nooksack River, with damage estimates 38 running over $20 million for 1990 alone. The cities of Nooksack, Everson, Sumas, 39 and Ferndale are often flooded by the Nooksack. 40 41 , 42 Flood damage can also occur along smaller streams in Whatcom County, especially 43 on those streams associated with alluvial fans. 44 45 The majority of the Nooksack River floodplain is currently used for agricultural 46 purposes. Residential density within the floodplain is low; however, several major Whatcom County Comprehensive Plan 2- 16 304 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use transportation routes cross the floodplain and may behave been temporarily closed during periods of flooding. Increased building development within the floodplain, and especially within the floodway where flood water velocity can be great enough to sweep away structures, could heighten the existing level of flood hazards along the Nooksack. Development on alluvial fans can also increase flood hazards. Chapter 11: Environment, contains more detailed discussion of flood issues, as well as goals and policies for managing flood hazards in Whatcom County. Goal 2K: Discourage development in areas prone to flooding. Policy 2K-1: Limit lands in one -hundred year floodplains to low -intensity land uses such as open space corridors or agriculture. Policy 2K-2: Use the Lower Nooksack River Comprehensive Flood Hazard Management Plan as a basis to balance land use and flooding. Policy 2K-3: Prohibit expansion of urban growth areas into floodplains, except where allowed under the GMA, and consider danger to individuals related to flooding when designating land use in other areas. Policy 2K-4: Encourage multi -purpose problem solving relative to flooding, aquifer recharge, improved water quality, water for human consumption, and fish habitat. Consider the purchase of land along the Nooksack River for flood water storage that could be utilized by cities and water providers. Policy 2K-5: Development in flood prone areas must comply with adopted regulations to mitigate identified flood hazards. Regions of Whatcom County Not all parts of Whatcom County have the same available resources and land use options. A one -size -fits -all approach to comprehensive planning may not adequately serve the needs of different regions of the county. Whateern Ceunty is a large and diverse county. Peeple living dif the eeunty have different pFierities and understanding ef what eenstitutes rural and urban lifestyles. it is ingpertant te eitize te emphasize these r-egienal differenees. Goal2L: Recognize the important regional differences within Whatcom County. Policy 2L-1: Use the subarea planning process, where appropriate, to identify and support distinctions among different areas of the county. Whatcom County Comprehensive Plan 2- 17 305 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Policy 2L-2: Retain and periodically review the adopted Subarea Plans (Lummi Island, Cherry Point -Ferndale, Urban Fringe, Birch Bay Community Plan, Foothills, and Point Roberts). Subarea Plans 1. Utilize a process which ensures consistency between the Whatcom County Comprehensive Plan and subarea plans. The subarea plan review process should include the following steps: a. Consistency Analysis. The County should review subarea plans based on the priority order in subsection "2" for gaps, overlaps, or inconsistencies. Topics include, but are not limited to, plan boundaries, growth forecasts, land uses, capital facilities and services, horizon year, and other appropriate issues. b. Regional and Local Government Coordination. The County should consult and coordinate with cities where city -associated UGAs are included in subarea plan boundaries. c. Public Participation. Each subarea plan update process will be based on a public participation program that addresses citizen input on the key issues associated with the subarea plan update. d. Subarea Plan Amendment. Only those portions of existing subarea plans in conflict with the Comprehensive Plan are required to be amended. Local issues of concern or changed conditions may be addressed. e. Comprehensive Plan Revisions. Where the subarea plan process recommends growth levels, growth boundaries, or other essential features, Comprehensive Plan amendments will be considered in conjunction with the subarea plan update process. Land capacity analysis may also be updated if appropriate. 2. Prioritize review of subarea plans. Subarea plans should be reviewed in the following order. Whatcom County Comprehensive Plan 2- 18 306 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use a. Post-GMA Subarea Plans addressing UGAs. These subarea plans should be reviewed and amended, if necessary, during Whatcom County's periodic review of the comprehensive or repealed. Subarea plans addressing UGAs associated with a city should be coordinated with the city's comprehensive plan update process. b. Post-GMA Subarea Plans addressing Rural Areas. These subarea plans should be subject to a consistency review. If significant inconsistencies are found, these should be considered for potential update during Whatcom County's periodic review of the comprehensive plan or repealed. Minor updates may be considered through the County's docket process in subsequent years. c. Pre-GMA Subarea Plans. These should be repealed or updated in accordance with County department work programs or the docketing process. Priority criteria may be used to determine the order of update. Example criteria include: i. whether update is needed for health, safety, or welfare concerns; ii. whether there is a city -associated UGA included in the subarea plan boundaries - in which case, the subarea plan update could be timed to be developed in association with or following city comprehensive plan update process; iii. whether the subarea plan would benefit from broader policy concepts to be completed in advance or in tandem, such as agricultural land protection measures; iv. whether a significant policy objective would be met by amending the plan. In the event there is an inconsistency between a Subarea Plan and the Whatcom County Comprehensive Plan, the Whatcom County Comprehensive Plan shall prevail. Policy 2L-3: Emphasize forestry uses with some provision for rural and agricultural uses in the south and southeastern regions of the county. Whatcom County Comprehensive Plan 2- 19 307 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Policy 2L-4: Support the rural economic base by permitting natural resource based industries, cottage industries, forestry, fishing and agriculture in rural areas, as well as commercial and industrial activity contained within designated Rural Communities. Policy 2L-5: Emphasize agriculture in the north central regions of the county. Fish and Wildlife Whatcom County has historically enjoyed abundant and diverse fish and wildlife ... . ENCTz.;c� oil __NIN pepulatiens.-Maintaining healthy fish and wildlife populations is a vital goal in maintaining the quality of life in Whatcom County. Chapter 11: Environment, contains additional discussion of fish and wildlife issues, as well as goals and policies regarding fish and wildlife habitat protection and management. Goal 2M: Protect and encourage restoration of habitat for fish and wildlife populations including adequate in -stream flows. Policy 2M-1: Ensure that new land uses do not degrade habitat of threatened and endangered species. Policy 21VI-2: Ensure that existing land uses do not cause further degradation of habitat for threatened and endangered species. Policy 2M-3: Develop educational tools and incentives to encourage existing land uses to restore degraded habitat to properly functioning conditions, especially for threatened and endangered species. Policy 2M-4: Plaee a not ^^ aAII permits issued by the County for clearing or development activity within 'A mile of the documented habitat of threatened or endangered species, as shown on the County Fish Distribution Map, shall include notice toa+ert-+i=�g the property owner ofte the presence of these species. Policy 2M-5: Require subdivisions and short plats to be designed in a manner to protect fish habitat and water quality when a fish bearing stream or river passes through the site. Policy 21VI-6 Engage the Wildlife Advisory Committee to develop recommendations of critical habitat and species protection areas, and for a system to monitor the status of fish and wildlife habitat function. Whatcom County Comprehensive Plan 2- 20 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 Policy 2M-7 Engage in efforts to better define ground water resources and 2 connection to surface water, current water usage, water rights, 3 adequate in -stream flows, and policy barriers that create 4 conflicts between these things. 5 6 7 8 9 10 11 12 13 14 Urban Growth Areas 15 16 Introduction 17 18 This section presents policies, map designations and rationale for the urban growth 19 areas for Bellingham, Blaine, Everson, Ferndale, Lynden, Nooksack, Sumas, Birch 20 Bay, Columbia Valley, and Cherry Point. Map 2-18 shows designated urban growth 21 areas. 22 Purpose 23 24 The Growth Management Act requires the designation of urban growth areas (RCW 25 136.70A.110). These areas aFe-te include cities and other areas characterized by 26 urban growth or adjacent to such areas, and are to -be -designed to accommodate 27 the projected population growth for twenty years. Any growth that occurs outside 28 the areas cannot be urban in nature. The Act further specifies that urban growth 29 should, first, be located in areas that already have adequate existing public facilities 30 and service capacity and, second, in areas where such services if not already 31 available, can be served adequately by a combination of both existing public 32 facilities and serves -services and any additional public facilities and services that 33 are provided by either public or private sources. 34 35 The purpose of this section is to establish areas within the County where growth will 36 be directed. The boundaries, as defined, are an attempt to concentrate growth and 37 provide urban areas in accordance with expected growth needs while ensuring the 38 county's identified values to preserve private property rights and reduce 39 unnecessary regulations. 40 41 Process 42 43 Planning staff worked with representatives from each city 44 to develop the methodologies, policies, forecasts 45 and allocations for each urban area. Each city was asked to submit a proposed 46 Urban Growth Area, along with growth allocation requests, for the County to Whatcom County Comprehensive Plan 2-21 309 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 consider. Following receipt of those requests, the County Council held a public 2 hearing before developing a response to city proposals and final action. 3 4 I Urban Growth "reps --Background Summary 5 6 Each city provided information in their comprehensive plans, in work sessions with 7 planning staff, and at public hearings and work sessions before the County Council 8 to provide the data and assumptions used as a guide in setting Urban Growth Area 9 8boundaries. The comprehensive plans for each city and the written and oral input 10 provided by them at the public hearings and work sessions serve as background for 11 establishing UGAs. The cities worked with Whatcom County staff to develop a single 12 methodology for analysis of the urban land capacity within the County. Such 13 variables as; average population per household, occupancy, residential and 14 employment densities, infrastructure requirements, natural systems and critical 15 areas constraints, ownership and development trends, and appropriate market 16 factors to assure adequate supply and affordable housing were considered. 17 18 Urban Growth Areag Issues, Goals, and Policies 19 20 21 Overall 22 23 The Growth Management Act assigns the responsibility of designating urban growth 24 areas to counties. Growth is to be encouraged within urban growth areas and 25 discouraged outside them. Urban Growth Areas are set in accordance with the 26 policies established in Chapter 36.70A RCW and applicable county -wide 27 planning policies. The County should work with cities to ensure that comprehensive 28 plans are coordinated and consistent. 29 comprehensive plans fer the municipalities and their supporting justifleatien. 30 Modifications have been incorporated into this plan during the 10 year UGA review 31 based upon several criteria: 32 33 • The need to assure logical service boundaries, 34 35 • The need to avoid isolated pockets or abnormally irregular boundaries, 36 37 • Consideration of land needs and capacity analysis of residential, commercial 38 and industrial needs within urban areas, and 39 • Identification of special needs with respect to unique non -city industrial sites 40 I (suchasCherry Point), and County areas for which the County will actively 41 support incorporation as appropriate (s eh as Birch Bay; or Columbia Valley). 42 43 County -Wide Planning Policies set guidelines for designating city urban growth 44 areas including: 45 Whatcom County Comprehensive Plan 2- 22 310 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Small cities' UGAs shall be of an adequate size to allow them to become viable economic centers. • The size of cities' UGAs shall be consistent with their ability to provide services. • UGAs shall include contiguous areas with urban characteristics and zoning. • Sufficient land shall be provided within UGAs to accommodate the 20-year urban growth projection, plus a reasonable land supply market factor. • Setting of UGAs shall minimize impacts on agricultural land, forestry, mineral resources, watersheds, water resources, and critical areas. Cities should absorb additional population at appropriate urban densities before expanding into areas where growth would adversely impact critical areas or resource lands. .01 I ow - -- -- - : ; Reason for change: Prior to 2009, UGAs were divided into long term planning areas (LTPAs) and short term planning areas (STPAs). STPAs could be annexed and public water & sewer could be provided for urban development. LTPAs could not be annexed and public water & sewer could not be provided for urban development. In the 2009 UGA review, the County Council rezoned LTPAs to STPAs, so there are no LTPAs remaining (Ordinance 2009-071). 40 In deciding appropriate ways to manage land within urban growth areas, there are 41 ( some overriding guidelines suggested in the Growth Management Act and; County- 42 Wide Planning Policies. 43 44 GMA requires counties to include areas and densities sufficient to permit the urban 45 growth that is projected to occur in the county for the succeeding twenty-year Whatcom County Comprehensive Plan 2- 23 311 County Council Preliminary Draft June 21, 2016 2 - Land Use 1 period. Urban growth should be first located in areas already characterized by 2 urban growth that have existing public facility and service capacity to serve such 3 development, second in areas already characterized by urban growth that will be 4 served by a combination of both existing public facilities and services and any 5 additional needed public facilities and services that are provided by either public or 6 private sources. 7 8 County -Wide Planning Policies require establishment of interlocal agreements 9 between the county and cities to manage development within urban growth areas 10 until annexation takes place. Factors to be addressed in these agreements include a 11 mechanism to compensate jurisdictions that suffer revenue losses without 12 attendant reductions in service delivery demands, and mitigation for activities 13 related to development. It should be assured that utilities can be delivered at urban 14 levels of service within city urban growth areas. 15 16 Timing of required improvements and who pays for these improvements within 17 urban growth areas are issues to be addressed between the county and cities. This 18 is particularly difficult when costly transportation improvements are required within 19 an urban growth area prior to annexation by a city. Transportation planning for 20 Whatcom County assumes that costs and installation of the improvements would be 21 completed by the city associated with the urban growth area. In the case of 22 Bellingham where some growth will continue to occur prior to annexation, this may 23 need to be negotiated. 24 25 Areas within designated urban growth areas which are not yet ready for urban 26 levels of density can become a problem if they are allowed to develop at low 27 densities_ because a subuFban 11-and use patterns can become established that will 28 disrupt later in -filling at urban densities. Other areas have environmental, 29 constraints such as flood plains and sensitive watersheds which would dictate using 30 lower densities. 31 32 County Wide Planning Pelicies call fer the eeunty te becenge a geveffiment ef rural 33designated Urban 34 Gr, wth Areas 35 36 Outside urban growth areas, the presence of urban levels of services can put 37 financial pressure on rural areas to develop more densely than desired. County- 38 Wide Planning Policies restrict cities from delivering urban levels of water and sewer 39 service for urban uses outside urban growth areas. 40 41 The Growth Management Act requires that the County plan for a 20-year population 42 growth that is within the range projected by OFM unless the County has studies to 43 prove that a different figure is justified. The -men} 2929 E)FM ejectie n fur 44 Whateem Geunty i=anges fFeng a Low prejectien ef 216,300 45 . The County's 46 population projectionfigure is within OFM's range and therefore requires Whatcom County Comprehensive Plan 2- 24 312 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use no further justification.the natdue to ure of gFewth ferecasts, and :.nty will within twe years (by 2011)and -- Goal 2N: Establish —Within Urban Growth Areas,$ ies outside present city limits, within the County will maintain jurisdiction until annexation or incorporation of the property. During this interim period the following policies shall be in place to assure that the purposes of this plan and growth management are in fact accomplished. Policy 2N-1: Establish urban growth areas for cities, first, by determining the capacity of the existing city limits to accommodate growth in the 20 year planning period. If it is determined that additional land is needed to accommodate the projected allocated growth, or to meet other goals of the GMA, then include contiguous areas which have urban characteristics;; and, finally, by including other suitable areas that demonstrate the ability to provide adequate public facilities and services at urban levels of service to accommodate growth. Policy 2N-2: Re-evaluate UGA boundaries when significant changes in city land uses are proposed. Policy 2N-3: Consider cities and UGAsShert Tei=nq Planning Areas as receiving areas for development rights transferred from sending areas. Policy 2N-4: Ensure that cities or other service providers do not extend sewer or urban levels of water service to serve new —areas e€—uFbt densitiesoutsideurban growth areas except when necessary to protect basic public health and safety and the environment and when such services are financially supportable at zoned densities and do _not permit urban development. unless engeFgeney er health hazards exist-. Reason for change: The above language better reflects the GMA provisions relating to extension of urban services outside of UGAs (RCW 36.70A.110(4)). Policy 2N-5: Protect resource lands by controlling or buffering adjacent uses and encouraging increased densities within existing city boundaries before expanding into county resource lands. Policy 2N-6: Encourage provision of serviced industrial sites by cities. Whatcom County Comprehensive Plan 2- 25 313 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 County Council Preliminary Draft June 21, 2016 2 - Land Use Policy 2N-7: Consider mixed -use zoning, where appropriate, to encourage walkability. - - - : be in : addFess issues such as timing, legical areas, and--��mie balance betweefc-eemmerelial, industrial, residential and ether lands within the UGA. Reason for change: Mixed use zoning may facilitate the ability to walk between residential and commercial areas. 'Interlocal agreements are addressed under Goal 2R and associated policies below. Whatcom Countv seeks to support and encourage the cities in efforts to increase residential densities within their jurisdictions throughout the planning period, as a way to increase vitality, reduce the cost of services, manage outward growth, and protect the environment. The County encourages cities to approve new residential developments at city-wide average net densities as shown below, while respecting uniaue characteristics of each cit • Bellinaham - six to 24 units per net acre; • Ferndale - six to 10 units per net acre; • Lynden - six to 10 units per net acre; • Blaine - four to six units per net acre; • Everson - four to six units per net acre; • Nooksack - four to six units per net acre; and • Sumas - four to six units per net acre. The County should approve new residential developments at overall average net densities as shown below, while respecting unique characteristics of each community: • Birch Bay - five to ten units per net acre; and • Columbia Valley - four to six units per net acre. Whatcom County Comprehensive Plan 2- 26 314 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Policy 2P-1: Encourage cities to adopt and implement policies and development regulations that promote urban densities. €nee densities at desired evels. Policy 2P-2: Consider natural limitations on the development capacity of land, such as critical aquifer recharge areas or floodplains, and other characteristics unique to each city, such as seasonal population or adjacent county urban zoning, in designating urban growth areas and densities. Policy 2P-3: Encourage in -filling to occur in existing areas with urban characteristics in a manner which is more harmonious with existing neighborhood character. Policy 2P-4: Encourage housing to develop with the greatest possible mix of household incomes by utilizing such techniques as lot clustering, varied lot sizes, small scale multi -family dwellings, and responsible reductions in infrastructure requirements for subdivisions. Goal 2Q: Ensure that development in the Birch Bay and Columbia Valley Unincorporated Residential Reereationall Urban Growth Areas is of an urban level and proceeds in a logical and efficient manner. .-:. :: - - - - - Reason for change: The County has already established development standards that apply in urban areas. The Birch Bay UGA was covered under the Western Washington Phase II Municipal Stormwater Permit (which became effective August 1, 2013) and this will necessitatechanges in the future to the stormwater rules for Birch Bay (see Ordinance 2013-050). These changes are already required by state and federal rules. Policy 2Q-1-2: Ensure that service providers do not extend sewer or urban levels of water service to serve new areas of urban densities outside urban growth areas except when necessary to protect basic public health and safety and the environment and when such services are financially_ supportable at zoned densities and do not permit urban development. unless emergency er health Whatcom County Comprehensive Plan 2- 27 315 1 2 3 4 5 6 7 8 9 10 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Reason for change: The above language better reflects the GMAprovisions relating to extension of urban services outside of UGAs (RCW 36.70A.110(4)). Policy 2Q-2-3: Establish Work with urban service providers located within Un;nCorpeF Urban Growth Areas, if 4ate; to coordinate urban service and facility planning with land use planningadd Fess ceerdinatien and tinging ef ser-vice extensions. to n•nc 11 12 Peliey 2Q-4 v rYv ru,,,� GJ3TJtUnee �cv id tia'M .f .. a' I1Fba G th AFeas F.. the .-peso f 13 14 F .�� t, c �e flit to rdeF! b --�-G-th� ,-RFtea —,,=etTs—o.�-a-� �� urban F 15 de 16 17 Policy 2Q-3-5: Encourage the establishment of an advisory committee for the 18 Birch Bay and Columbia Valley 19 Urban Growth Areas to provide a 20 mechanism to interface with the County regarding their 21 respective community development issues. 22 23 Policy 2Q-4: Provide planning assistance to citizens of the Birch. Bay and 24 Columbia Valley Urban Growth Areas for the purpose of 25 developing and implementing Subarea or Community Plans to 26 further define future uses and facilitate orderly urban 27 development. 28 29 Policy 2Q-55: Encourage and assist the citizens of Birch Bay and Columbia 30 Valley Urban Growth 31 Areas with incorporation' neeFperatien requiFements when 32 appropriate. 33 34 Goal2R: 35 36 37 38 39 40 41 42 43 44 45 Establish an interlocal agreement with each city which sets out general guidelines to address revenue sharing, the provision of services, management of growth, annexation, delivery of services, protection of critical areas, and designation of open space within urban growth areas. Policy 2R-1: Include in interlocal agreements, a clear, predictable, and fair formula for revenue sharing agreements which compensates jurisdictions that suffer revenue loss without attendant reduction in service demands as a result of annexation. Whatcom County Comprehensive Plan 2- 28 316 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Policy 2R-2: Establish procedures for development project review within urban growth areas which protect the interests of both the city and the county. GeneFally, city develepment standards a adopted levels ef sei=viee sheuld be applied within UFban gi=e areas. Reason for change: Cities generally do not extend public water and sewer outside city limits. When public water and sewer is not available in residential areas, County zoning in UGAs requires a minimum density of one dwelling per 10 acres (see Policy; 2R-4 below). It may not be appropriate to require urban development standards for non' -urban development. Policy 2R-3: Responsibility for construction of capital facilities, including transportation facilities to accommodate urban levels of growth, generally, should be assigned to cities. In some cases, timing may require installation of these improvements prior to annexation. In these cases, interlocal agreements should address allocations of costs and revenues between cities and the county. Policy 2R-4: Limit development within urban growth areas with no municipal sewer and water service through zoning at a density no greater than one unit per ten acres. Policy 2R-5: Ensure that deve+epr e +twithin urban gr-E)wth areas and have eeeF this planning with the eeunty Coordinate with cities on UGA planning, facilitating urban development, balancing commercial industrial and residential lands in the UGA timing of annexations, service extensions and linkingage-e€ greenbelts and open space. Policy 2R-6: Use the existing geographical information system and €encourage itsthe use and coordinate withC-aeFdinatien of the existing geographieal infe-matien system by the cities and the eetrnty--to provide a consistent and economical data base for making land use decisions. 39 Goal 2S: Ensure adequate land supply is provided to accommodate 40 twenty years of growth within urban growth areas. 41 42 Policy 2S-1: Review all urban growth areas at least every eightten years--er 43 in accordance with the Growth Management Act. 44 in city comprehensive plans. Coordinate with cities to determine 45 the population and employment growth projected to occur 46 within the urban growth areas, and revise the urban growth Whatcom County Comprehensive Plan 2- 29 317 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use area boundaries, if necessary, to ensure they are appropriately sized to accommodate the projected growth within the planning period. Policy 2S-2 Ensure that land use plans provide for development at urban densities within the 20-year planning period. Policy 2S-3 Facilitate phasing of development within urban growth areas as follows: • Require at least ten acre minimum lot sizes within unincorporated portions of urban growth areas until public facilities and services are provided to serve such development at urban levels of service. • Recognizing that UGAs are sized to accommodate urban growth over a 20 year period and that all land within UGAs will not be required to meet urban land needs immediately, allow Agriculture and Rural Forestry zoning designations, on an interim basis, within UGAs. These zones function as holding districts that will allow continued resource land uses in the near term while protecting these areas from suburban sprawl. It is anticipated that they will be rezoned to allow phased urban development within the 20-year planning period when public facilities and services can be provided at urban levels of service. Policy 2S-4: Coordinate with cities to maintain a land capacity analysis methodology that is consistently applied to all urban growth areas, including a common definition of net developable land_; upen which planned net densities ai=e bas When determining urban land needs, assume that urban densities will be developed within UGAs over the 20-year planning period. Reason for change: Planned net densities are set forth in Goal 2P. Policy 2S-5: Annually monitor population growth and publish a report no later than November 1 of each year that analyzes population growth trends over five years in comparison with the adopted population growth projections._ compa=gg-tf�a ons-foF the If the trend over five years indicates that population growth in urban growth areas is sign_ificantty higher than adopted projections, Goordinate with the cities to consider appropriate action. Actions may- include`amendin growth projections, or amending, urban growth area densities or Whatcom County Comprehensive Plan 2- 30 318 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 boundaries.-if�e -f- e� er�� aes, the loll- ind;, e I-, gr�th 2 of l -d f; e-ref ra to --1: N3-,---ad-e-pt-ed 3re�ec-4-tet�� 4 5 1 Reason for change: Coordinated monitoring required in policies 2S-5 and 2DD-1. 6 7 1 Goal 2T: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Establish Urban Growth Areas within which annexations and urban levels of development can occur and outside of which urban levels of development will not occur. This is intended to be a sprawl preventing measure_ where —a need--exists--to outward, where finall plans for urban we not yet 0 n place, and where joint planning at the development regulation 'eve' "s appropriate. This —wiry""' l -assure -'both eanfermanee and eensisteney for future plans a Reason for change: Prior to 2009, UGAs were divided into long term planning areas (LTPAs) and short term planning areas (STPAs) STPAs could be annexed and public water & sewer could be provided for urban development. LTPAscould not be annexed and public water & sewer could not be provided for urban development. In the'2009 `UGA review, the County Council rezoned LTPAs to STPAs, so there are no LTPAs remaining (Ordinance 2009-071). Therefore, STPAs are no longer needed. - - -&Lwow--- : - -- - - - 11 nil - : Whatcom County Comprehensive Plan 2- 31 319 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Am _:. r-MEROMM NOW. - -- - - - - - : Mu -- - -- ;- Policy 2T-1-2: Land within a UGA that is not served by public water and sewer euFFent zening until a new jeint plan is identified and the Short Ter-rfl Planning Area is meved, but with will have the following additienal -limitations on development which shall be included in the County development regulations: MeMMMM - :. Whatcom County Comprehensive Plan 2- 32 320 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use • AR-dDevelopment shall be done in a manner which will not preclude development at urban levels of density when the area is annexed into the city. • No residential development shall occur at a gross density greater than one dwelling unit per ten acres. • All residential land divisions will be developed as cluster subdivisions. All clustered lots will be grouped together in one cluster. Clustered lots will be as small as possible in order to maintain a large reserve tract available for future urban development. Wells, sewage disposal systems, and easements associated with these facilities may be placed on the reserve tract only if it is not feasible to place them within the boundaries of the clustered lots. • When public water and sewer serve the site, the reserve tract of a cluster subdivision may be developed with urban densities allowed in the zoning district. • If the clustered lots are served by wells, sewage disposal facilities and/or associated easements that are located on the reserve tract, then the clustered lots will be required to hook up to public water and sewer when the reserve tract is developed with urban densities. The intent of this provision is to ensure that the reserve tract can be developed to its fullest potential, and such development will not be restricted by the existence of wells, sewage disposal facilities and easements associated with these facilities. : - IN : :- - - :- - - MTO _ . . - -- -- Whatcom County Comprehensive Plan 2- 33 321 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 County Council Preliminary Draft June 21, 2016 Bellingham 2 - Land Use Bellingham's Urban Growth Area (UGA) was first established in 1997 as a result of a lengthy public involvement process. Three geographical areas comprise the City's UGA: Bellingham's Northern UGA, the Geneva/Watershed Resource Protection UGA, and the Yew Street UGA. TegetheF, aeees. Background In 1984, Whatcom County developed the Urban Fringe Subarea Plan (UFS Plan) applicable to approximately 20,000 acres located immediately north, west and east of Bellingham's city limits. SlateF and Smith Feads are genei=ally this area's Recognizing that uncoordinated and unplanned growth poses a threat to the local environment and sustainable economic development, Bellingham and Whatcom County began a process in early 1990 to update the land use section of the Urban Fringe Subarea Plan. In September 1997, the Whatcom County Council adopted an updated plan. This Plan was subsequently amended in 1999, 2004, 2008 and 2009_ The next Urban Fringe Plan update will and new only includes the entire Bellingham UGA. 36 • 37 During that sange peFied ef tinge, the Gity and its UGA gFew y 11,345 38 ' 39 peFied. 40 41 Urban Fringe Subarea Plan 42 43 The UFS Plan provides the policy framework for addressing the impacts and 44 opportunities of growth in Bellingham's UGA. It addresses County zoning 45 designations, comparable City zoning upon annexation, land uses, development 46 standards and Transfer of Development Rights from the Lake Whatcom Watershed Whatcom County Comprehensive Plan 2- 34 322 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use to receiving areas in the UGA. The Plan addresses a number of important objectives related to plan development, public participation, land use, housing, density, the natural environment, open space, parks, recreational opportunities, transportation, utilities and other public services. Plan updates will be made in the context of the Growth Management Act planning goals, the Countywide Planning Policies, the UGA goals and policies of the Whatcom County Comprehensive Plan and Bellingham's Comprehensive Plan. • -- I MR !gq- - IS"` -- - -- ; a MW Goal2U: Evaluate every eight#en years or as necessary Bellingham's Urban Growth Area to determine if the UGA is sufficient in size to accommodate twenty year growth projections, provide an adequate supply of affordable housing, industrial, commercial and recreational development and recognize historical development patterns and commitments for service. Policy 2U-1 Consider new data, research and public participation when conducting the UGA review. Policy 2U-2-1: Establish a n VIA pPeriodically update procedures for joint city/county review of development proposals in the UGA prior to annexation. Reason for change: The County and City have an existing interlocal agreement that has established procedures for development review in the UGA. Policy 2U-3-2: Work with Bellingham to identify and establish a system of neighborhood parks, greenbelts and open space to serve the urban growth area as it develops. Reason for change: The County and City have an existing interlocal agreement that addresses certain capital facility improvement costs. Whatcom County Comprehensive Plan 2- 35 323 County Council Preliminary Draft June 21, 2016 ter 2 - Land Use 1 Policy 2U-4: Review land supply analysis and consider appropriate urban 2 growth area boundaries consistent with the Growth Management 3 Act and County -wide Planning Policies. 4 5 Policy 2U-5: Review and update the interlocal agreement with Bellingham, 6 prior to expiration of the current interlocal agreementlas 7 I needed, to provide for: 8 9 • Coordinated growth management and capital facility 10 planning 11 12 • timing and provision of utility services and other urban 13 services--- 14 15 • timing and procedures to be used for review of adequate 16 land supply; 17 18 • timing of annexations�- 19 20 • revenue sharing formulas prior to and after annexation-- 21 22 ( • development standards and regulations.-- 23 24 • joint City/County review of development proposals in the 25 UGAi- 26 27 . affordable housing; and.. 28 29 • transfer of development rights within the City of 30 Bellingham. 31 32 Policy 2U-6: Whatcom County and Bellingham should continue to coordinate 33 protection and development within the Lake Whatcom 34 Watershed. 35 36 Policy 2U-7: Whatcom County and Bellingham should designate receiving 37 areas within the City of Bellingham and its UGA for Transfer of 38 Development Rights from the Lake Whatcom Watershed. 39 40 Policy 2U-8: The City and Whatcom County should designate appropriate 41 zoning and residential densities in Bellingham's UGA consistent 42 with Whatcom County's Comprehensive Plan and Bellingham's 43 Comprehensive Plan as amended. 44Bellingham's 45 Whatcom County Comprehensive Plan 2- 36 324 1 2 3 4 5 6 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Reason for change: The County and City have an existing interlocal agreement that addresses growth management planning and development review in the UGA. This interlocal agreement also addresses development standards in the UGA. The City will recommend City standards to apply in the UGA, and the County will review these standards and consider adoption. 7 8 1 Policy 2U-939: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 1 Policy 2U-1034: Annexation should be considered prior to or concurrently with the extension of City sewer and water and prior to urban development. Annexations should be a logical extension of the city boundaries and not create unincorporated islands. The Geneva and Hillsdale areas, located within the Lake Whatcom Watershed, are designated urban growth areas in order to allow the City of Bellingham to annex these areas. The City has a long-term interest in the water quality of Lake Whatcom because the City is responsible for providing Bellingham with safe drinking water from the Lake. Whatcom County and the community also have long-term interests in the watershed based upon the special environmental sensitivity of the Lake Whatcom Watershed as a drinking water source and the Total Maximum Daily Load (TMDL) findings requiring a reduction of phosphorus inputs into the lake. Therefore, only non -urban densities should be allowed in that portion of the Urban Growth Area within the watershed. The City ef Bellingham these aFeas To allow sufficient time feF these expleratei=y discussions to occur and fE)F Bellingham to pursue annexatien ef mal. - -: - - - - ' VC " Reason for change: Bellingham and Whatcom County will consider land use changes in the 2016 comprehensive plan update. Whatcom County Comprehensive Plan 2- 37 325 1 2 3 4 County Council Preliminary Draft June 21, 2016 Chanter 2 - Land Use WhatCorn County I co*t1P ehere*#rye Pw, Map GAS I r,=7 ill I ji• , Urban Growth A1t19 Resma Whatcom County Comprehensive Plan 2- 38 326 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 2 Blaine 3 4 1 Blaine is the northwestern -most city in Whatcom County. and is here -fie 4,66- 5 peeple. The city is divided by Drayton Harbor into two parts: central Blaine and the 6 Semiahmoo area to the west. These two areas are distinctly different areas of 7 Blaine. The central area is a traditional northwestern city with a vibrant downtown 8 surrounded by neighborhoods of single family houses. The central area includes an 9 extension of largely undeveloped, incorporated land about 3 miles out H Street. The 10 Resort at Semiahmoo is located in west Blaine. 11 12 Both the County and the City of Blaine are concerned about water quality in 13 Drayton Harbor. Drayton Harbor has a rich history as a shellfish resource. Studies 14 have shown that fecal coliform levels in Drayton Harbor are high and have led to 15 the closure of shellfish harvesting beds. Harvest has been restricted due to fecal 16 pollution since 1952 with closures beginning in 1988. In 1995 the Drayton Harbor 17 Shellfish Protection District was established. Drayton Harbor was entirely closed to 18 commercial shellfish harvest in 1999. In 2004, 575 acres were upgraded to 19 conditionally approved with closures occurring after heavy rainfall. Currently the 20 conditionally approved portion is closed from November through February. Several 21 water bodies in the watershed are on the 303(d) list, including California and 22 Dakota Creeks. In 2007, the County adopted an update to the Drayton Harbor 23 Shellfish Protection District Recovery Plan. This plan reflects the success of 24 reopening some areas for shellfish harvesting in 2004 and outlines future plans for 25 Drayton Harbor restoration. In 2014, the City initiated a three-year project 26 intended to identify point and non -point sources of pollution and take corrective 27 action. The study targets Cain Creek, which also contributes pollutants to the 28 Harbor through tidal flushing from Semiahmoo Bay. Land uses throughout the 29 watershed contribute to water quality in the Harbor and efforts by both the County 30 and the City are necessary to manage water quality. 31 32 The uninceFperated UGA aFeund Blaine -ally designated in 1997. it was 33 !aFger- then but all that r-emains teday w-as dhe�- eFiginally. The 1997 plan states. 34 35 ,.l,,ded in the UG : 36 37 "...because of its location sandwiched between the westem and eastem expanses ef 38 the Blaine city limits whieh, at this tinge, is 39 included because of the UFban 'eve! ef zening hister-ically assigned by the eeUnty 40 .. Blaine seeks eentFel of this at=ea te eeeFdinate tFanspeqation planning and 41 ." 42 43 GtheF aFeas induded in the YGA were lai=gely due te the aFea's 44 45 Whatcom County Comprehensive Plan 2- 39 327 1 2 3 4 5 6 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use -- -WN :: : -- im :. OW The City of Blaine provides public sewer, water, stormwater, and police services. Public schools for the area are operated and maintained by the Blaine School District. Fire protection services are provided by North Whatcom Fire and Rescue (Fire District # 21). -- - - - - - WIN I Reason for change: Additional service provider information will be in the Whatcom County 20-Year Capital Facilities Plan and, where available, individual service provider plans. 43 Areas included in the UGA - (Map UGA-2) 44 45 As part of the 2009 UGA Update, portions of the Blaine UGA were removed to place 46 1 Blaine's land supply in closer relationshippfex+n ty to its projected population Whatcom County Comprehensive Plan 2- 40 328 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use growth. . Only the eastern portion of the unincorporated UGA and a small area south of the city remains in the UGA. The rest of the UGA has reverted to a Rural designation. Goal2V: Provide a sufficient Urban Growth Area for Blaine to accommodate future growth needs, ensure ate -adequate housing, commercial and industrial land supplies supply and meet Growth Management Act and county land use goals. Policy 2V-1: Work cooperatively with Blaine to increase critical area protection and water quality controls sufficient to protect shellfish harvesting and marine resources in Drayton Harbor. Policy 2V-2: Encourage Ensu re that Blaine to implement in - fill policies in the wed -Blaine Comprehensive Plan. Policy 2V-3: Readjust the Urban Growth Area as urban services are plan iedmade available and need is demonstrated. Policy 2V-4: Ensure that adequate capital facilities can be provided to the Blaine Urban Growth Area. Policy 2V-5: Review and update the interlocal agreement with Blaine, prior to expiration of the current interlocal agreementas needed, to provide for: • Coordinated growth management and capital facility planning; UGA that ensures censisteney with BlaDne's stags Reason for change: Development in the UGA is subject to Whatcom'County Comprehensive Plan, development regulations and development standards until annexation occurs. • County adeptien a maintenance of 10-acres zoning for the UGA which would allow urban densities to develop only with extension of city water and sewer; +t=� Reason for change: The County already has zoning that requires 10 acre densities in the Blaine UGA until public water and sewer are extended. Whatcom County Comprehensive Plan 2- 41 329 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 • identification of needed capital improvements and 2 establishment of funding mechanisms;-Y will be 3 paid €eF 4 . timing and procedures to be used for review of adequate 5 land supply; and 6 • consistency with the Coordinated Water System Plan. Whatcom County Comprehensive Plan 2- 42 330 1 County Council Preliminary Draft June 21, 2016 Whatcom County' Comprehensive Plan ter 2 - Land Use Map UGA-2 iN�ORRfAT - Blaine Urban Growth Area �Q�QP'CoM G%Fys6s s�or-11w t—r S63 pntsi Kn rxtuttm1 UwO `�� t��x'1 ', I Incorporated City "`"""""""TXTNB urban Growth Area bxupt.bu. af•d!.Y•vtr-sa lmn are inaNK wM. 0 025 o5 Whatcom County Comprehensive Plan 2- 43 094 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 Everson 2 3 ( Everson urban growth area is located in centralw-esteFn Whatcom County, northeast 4 of Bellingham. The City and its UGA serve the surrounding area as a commercial, 5 retail and industrial center. The entire UGA is accessible by two major state 6 highways, SR 544 and SR 9, that connects the city to the Canadian border and to 7 points further south. The IJGA is alse accessible by Burlington Northern railway 8 passes through the eastern portion of the UGA. 9 10 Flood prone areas, preservation of agricultural resource land, appropriate use or re- 11 use of adjacent mineral resource lands and provision of adequate urban level 12 services; are among the factors considered in determining the City of Everson 13 Urban Growth Area boundary. 14 15 The City is bisected by the Nooksack River, which periodically floods and inundates 16 parts of downtown Everson. Lying to the south of Everson are mineral resource 17 lands and several active gravel mines. 18 19 Everson UGA is also adjacent to agricultural lands. County goals include working 20 cooperatively with the City of Everson to enhance or maintain the county's 21 agricultural land base. 22 23 The City of Everson provides public sewer, water, stormwater, and police services, 24 while public schools for the area are operated and maintained by the Nooksack 25 Valley School District. Fire protection services are provided by Fire District # 1. T-be 26 27 . With 28 eenseFvatien and Fe distFibutien n9easuFes, the Gity Planner- has indieated that Ell by - - issues that- number service 34 The Gity dees have GempFehensive Sewer Plan, Gity Evers 35 gFewth. net a ...GempFehensive Plan, Capital and ef / - - • 38 exeeed sewage- capacity• treatment be in the futuFe • te analysis shewsthat, the • plant will necessaFy • - for - meet needs ef prejeeted \eeksaek grewth the yeaF planning in Eversen Sewage TFeatment Plant, share40 have te begin / cests opeFating the develep and plans a / I 44 eeepeFative effeFt te a een9prehe-i—- needs- :. - - the i yeaF FiFe District #1 dees planning - - have : . facilities Altheugh I net eLIFFently 1 Neeksaek Scheel DistFiet a capital EveFsen, Neeksack plan. Sumas does have seFVing and -a. net Whatcom County Comprehensive Plan 2- 44 332 County Council Preliminary Draft June 21, 2016 2 - Land Use Reason for change: Additional service provider information will be in the Whatcom County'20-Year Capital Facilities Plan and, where available, individualservice provider plans. The urban growth area for Everson is intended to provide sufficient land area to accommodate future urban growth with adequate public services, while minimizing impacts to resource lands and critical areas. County goals encourage Everson to develop residentially zoned areas at average net densities of four to six units per net developable acre. Net developable acreage is calculated by subtracting areas with development limitations such as steep slopes, flood areas, and other critical areas, and land needed for rights -of -way, utilities, infrastructure and open space. Areas included in the UGA - (Map UGA-3) East This area, located east and south of the existing city limits, straddles State Route 9 and adjacent rail access, and drops below the southern boundary of City of Nooksack. The proposed uses for this area are industrial to the east and residential to the west of SR 9. North An area northwest of Everson is included in the UGA to allow expansion of the existing Everson Riverside Park. West The most likely place for future development is in the upland areas located west of the city limits, adjacent to existing residential development, and with a public school in close proximity. Proposed future zoning for this area includes a mix of uses including industrial, commercial, and residential_ f Reason for change: County Comprehensive Plan Policy 2S-3 already recognizes that Agriculture zones functionas holding districts within UGAs. South An area to the south of the existing city limits is in the UGA. This land is outside of the floodplain and adjacent to existing residential and industrial uses. Goal 2W: ProvideSet an Urban Growth AreaBoundary for Everson which accommodates future growth needs and recognizes constraints imposed by Nooksack River Whatcom County Comprehensive Plan 2- 45 333 County Council Preliminary Draft June 21, 2016 2-Land Use flooding and adjacent designated agriculture and mineral resource lands Policy 2W-1: Work with Everson to adopt measures to limit development in floodplains. Policy 2W-2: Recognize adjacent mineral resource lands as potential urban development areas and work with Everson and land owners to develop an environmentally safe plan to facilitate this conversion. Policy 2W-3: Avoid new land uses that are an identified threat to groundwater quality within the delineated wellhead protection area of the Everson wellfield. Policy 2W-4: Review and update the interlocal agreement with Everson, prior to expiration of the current interlocal agreementas need, to provide for: • Coordinated growth management and capital facility planning; • identification of needed capital facility improvements and funding mechanisms; • timing and procedures to be used for review of adequate land supply.- • consistency with the Coordinated Water System Plan- • cooperation regarding conversion of mineral resource lands; and. Lill- e^;Sting city. Reason for change: Land west of the existing city has already been designated as UGA, where annexation and development are allowed. To the west of the UGA are Agricultural and Rural lands, which are not slated for urban development. The existing interlocal agreement specifies a process for joint city/county planning, but does not specify the location of future UGA expansions. Reason for change: The GMA already contains significant restrictions on UGA expansions into floodplains (RCW 36.70A.110(8)). Additionally, Policy 2W-1 addresses development in the floodplain. Finally, property in the floodplain is already regulated in a uniform manner by the flood regulations. Whatcom County Comprehensive Plan 2- 46 334 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use long term measures to assure compatibility with resource lands. Whatcom County Comprehensive Plan 2- 47 OCR County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Whatcom County I Comprehensive Plan Map UGA-3 - Everson Urban Growth Area c�QpQP�Com OOG 19 — i Incorporated City k' «�«;°°�«tea«s �,�«��s trw° 2015 �'«$ Urban Growth Areaa N : x; Urban Growth Area Reserve '� Seryjo�° 1 Whatcom County Comprehensive Plan 2- 48 336 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Ferndale County goals encourage Ferndale to develop residentially zoned areas at overall average net densities of five -six to ten units per net developable acre. Net developable acreage is calculated by subtracting areas with development limitations such as steep slope, flood areas, and other critical areas, and land needed for rights -of -way, utilities, infrastructure, and open space. Issues in defining the Ferndale Urban Growth Area include protection of wetlands, provision of serviced industrial land, inclusion of sufficientadjaeerrt land with planned services to accommodate projected urban growth, _and urban levels ef proximity to the Bellingham UGA and proximity to the North Bellingham Rural Neighborhood. The Grandview Industrial area -Park is included in the urban growth area. This inclus-ien-supports the policies in the Economics chapter of this plan to provide a sufficient supply of serviced industrial land. GrowthFerndale will provides most of the urban governmental services within the Urban • and police for- fiFe pr-eteetien and sehe Public schools for the area are operated and maintained bv the Ferndale School District. Fire protection services are provided by -- - Gempr-ehensive Sewer Plan, 11 ::: 1, W 11 - - - Reason for change: Additional service provider informationwill be in the Whatcom County 20-Year Capital Facilities Plan and, where available, individual service provider plans. Areas included in the UGA - (Map UGA-4) North The Urban Growth Area extends north to include the industrial area around the Grandview Road / I-5 interchange. Land -A certain area between the Grandview industrial area and the Ferndale city center is designated Urban Growth Area Reserve, as this area has been identified astray -be a logical extension of the Urban Growth Area in the future. Whatcom County Comprehensive Plan 2- 49 337 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Reason for changer The City of Ferndale adopted Ordinance # 1619 to annex 144 acres in the Grandview area, including all the commercial zoned land, in Dec. 2010. West Areas west of the city are included in the UGA, as these areas are generally located in proximity to existing water lines, sewer lines, City streets and/or schools. Ml --ME - - - South Land southeast of the City, near the intersection of I-5 and Slater Rd., is included in the UGA to accommodate commercial development. The State Whatcom Council of Governments, Whatcom County, City of Ferndale, City of Bellingham, Lummi Nation, and Port of Bellingham are coordinating long-range transportation improvements in the Slater Rd. area. Goal 2X: Provide a sufficient Urban Growth Area for Ferndale to accommodate future growth needs, meet Ferndale's long- term visionretain existing eharaeter and attain Growth Management Act and county land use goals. Policy 2X-1: Support City of Ferndale planning efforts for in -fill development within the existing city limits and development of its UGA. Policy 2X-2: Ensure that adequate capital facilities can be provided to the Grandview Industrial area within a timely fashion to accommodate development of the area. Policy 2X-3: Establish a revenue sharing agreement which fairly compensates the county if a loss of revenue from the Grandview Industrial Area exceeds reduction in associated costs. Policy 2X-4: Encourage Ferndale to work towards development of a "wetland bank" to mitigate impacts of development on scattered wetland areas within the city. Policy 2X-5: Review and update the interlocal agreement with Ferndale, prior to expiration of the current interlocal agreementas to provide for: • Coordinated growth management and capital facility planning; Whatcom County Comprehensive Plan 2- 50 338 1 2 3 4 5 6 7 8 9 10 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use • policies regarding utility service outside the UGA,-- • identification of needed capital facility improvements and funding mechanismsestabiffshngent ef hew they will be • zoning designations and density within the UGA.-- • coordination with the county of greenbelts and open space.-. • timing and procedures to be used for review of adequate land supply; and- • consistency with the Coordinated Water System Plan_ Whatcom County Comprehensive Plan 2- 51 339 1 County Council Preliminary Draft June 21, 2016 Whatcom County I Comprehensive Plan Chanter 2 - Land Use Map UGA-4 - Ferndale Urban Growth Area .111! 'Com "s, G 1 Incorporated City �sRi we°wTM x "sn aew°s a'iraMs w us ns �°�Q P 20,1 yam% F �y�m. n. rca.>•smaaw*.W�. am.mm.«ro �x Urban Growth Area Urban Growth Area Reserve c/S Sorvtcm`' Whatcom County Comprehensive Plan 2- 52 KS11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Lynden County goals encourage Lynden to develop residentially zoned areas at average net densities of fire six to ten units per net developable acre. Net developable acreage is calculated by subtracting areas with development limitations such as steep slopes, flood areas, and other critical areas, and land needed for rights -of -way, utilities, infrastructure, and open space. Issues in defining the Lynden Urban Growth Area include preservation of agricultural resource lands and accommodating projected urban growth over the planning period.—allewed— within- Lynden is surrounded by agricultural resource lands. The Growth Management Act requires cities to protect adjacent resource lands through the adoption of buffers or the regulation of uses. The city of Lynden provides public water, sewer, stormwater, police and fire protection services. ngest of the urban geve nrrrental services, The City of Lynden and the Washington State Department of Ecology have an existing dispute over the city's water rights. The city has entered into a memorandum of agreement (MOA) with Ecology to address long-standing water right issues. The Lynden School District also serves the area.has a eapital faeolities plan, which has been adepted by Whateeng Geunty. Fife Capital Facilities Pla-n-. Reason for change: Additional service provider information will be in the Whatcorn County 20-Year Capital Facilities Plan and, where available, individual service provider plans. The Lynden Urban Growth Area has been designated to provide a sufficient land supply for Lynden and minimize impact on adjacent agricultural resource land. 35 36 Areas included in UGA - (Map UGA-5) 37 38 North 39 A tract of 'Land in the northwest area of Lynden has been included in the UGA. 40 While this is prime agricultural land, it is logically located for service provision and 41 is necessary to adequately accommodate Lynden's growth needs through the 20- 42 year planning period. The City of Lynden has been the lead in developing the Pepin 43 Creek realignment project in the UGA for the last 10 to 15 years. This has involved 44 coordination with the County, WSDOT, WDFW, DOE, North Lynden Watershed 45 Improvement District and other impacted shareholders. This project would realign 46 deep road -side ditches alona Benson Road and Double Ditch Road into a single Whatcom County Comprehensive Plan 2- 53 341 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 stream channel roughly centered between the two. The project is intended to 2 address flooding, fish habitat, and roadside drainage that impacts water quality and 3 creates narrow roadways without adequate shoulders. It will also provide a new 4 trail corridor and provide space in the existing right-of-ways for bike and pedestrian 5 movements. Double and Benson eFeek, 6 ditches in this area, have been by the Department of Fish and Wildlife -- 7 end renge a scFeeks. if thos aFea develeps in the futuFe, the -tt 8 West A large amount of land located west of Lynden is included to facilitate industrial and commercial growth for the City of Lynden and accommodate a city stormwater detention facility. 16 I South 17 There are several relativelv smaller areas south of Lvnden in the UGA. 19 I Goal 2Y: ProvideBesignate an Urban Growth Area for Lynden of 20 sufficient size to accommoda aprevide future growth, 21 protect the existing character of Lynden, and minimize 22 impact on county resource lands. 23 24 1 Policy 2Y-1: Review eeunty zoning Fegulations to eEnsure that conditional 25 uses in the agricultural zone do not discourage the development 26 of such uses within the City of Lynden. 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Reason for change: This policy was originally adopted in the 1997 Comprehensive Plan. The County previously narrowed the range of conditional uses allowed in the Agriculture zone in 2001 (Ordinance 2001-020). The proposed amendment would address any future proposals to modify the conditional use provisions in the Agriculture zone. Policy 2Y-2: Require Work with Lynden to develope long term measures to assure compatibility of adjacent uses to Wined aid -designated agricultural resource lands. Reason for change: The proposed modification would provide a collaborative approach to ensure compatibility between urban development and designated agricultural resource lands. Policy 2Y-3: Review and update the interlocal agreement with Lynden, rp for to expiration of the current interlocal agreementes-needed, to provide for: Whatcom County Comprehensive Plan 2- 54 342 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use • Coordinated growth management and capital facility planning; • restrict extension of urban levels of service to the urban growth areas. • identification of needed capital facility improvements and establishment of funding mechanismsLhow they will be • zoning designations and density within the UGA- • timing and procedures to be used for review of adequate land supply; and- • consistency with the Coordinated Water System Plan and demonstration of sufficient water rights for current and projected needs. Policy 2Y-4: Land uses that are incompatible with the operation of the Lynden Airport should be discouraged when rezoning land in the Urban Growth Area west of Benson Rd. and south of Badger Rd. Specifically, Whatcom County should follow the process set forth below when considering whether a proposed rezone discourages incompatible land uses: • Determine whether any land in the proposed rezone is within zone 1 (runway protection zone), zone 2 (inner approach/departure zone), or zone 3 (inner turning zone) as shown on Safety Compatibility Zone Example 1 from the California Airport Land Use Planning Handbook (Shutt Moen Associates, January 2002, p. 9-38). • Compare the land uses allowed by the proposed zoning with the Basic Safety Compatibility Qualities for zones 1, 2, and 3 and the Safety Compatibility Criteria Guidelines for zones 1, 2, and 3 in the California Airport Land Use Planning Handbook (Shutt Moen Associates, January 2002, pp. 9-44 and 9-47) and identify incompatible land uses. • Determine whether land in zone 1, 2 or 3 is proposed for a zoning district that allows residential land uses, schools, day care centers, hospitals, nursing homes, or above ground bulk fuel storage. • Unless no alternatives are feasible, require residential land uses, schools, day care centers, hospitals, and nursing homes to be clustered or otherwise located outside of zones 1, 2 and 3 and require above ground bulk fuel storage to be located outside of zones 1, 2 and 3. The intent is to preserve as much open space as possible in zones 1, 2 and 3. Whatcom County Comprehensive Plan 2- 55 343 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 County Council Preliminary Draft June 21, 2016 ter 2 - Land Use Policy 2Y-5: Land uses that are incompatible with the operation of the Lynden Airport should be discouraged if expansion of the Urban Growth Area west of Benson Rd. and south of Badger Rd. is considered. Specifically, the Lynden Urban Growth Area should not be expanded in this area unless it can be demonstrated that: Residential land uses, schools, day care centers, hospitals, nursing homes, and above ground bulk fuel storage would be clustered or otherwise located outside zone 2 (inner approach/departure zone), zone 3 (inner turning zone), and zone 4 (outer approach/departure zone) as shown on Safety Compatibility Zone Example 1 from the California Airport Land Use Planning Handbook (Shutt Moen Associates, January 2002, p. 9-38). Reason for change: The City of Lynden annexed the property that is the subject of Policy 2-Y6 in 'March 2015. This annexation included a covenant extinguishing residential development rights on the property. Therefore, Policy 2-Y6 should be removed from the Whatcom County Comprehensive Plan. Whatcom County Comprehensive Plan 2- 56 344 1 County Council Preliminary Draft June 21, 2016 Whatcom County I Comprehensive Plan Chapter 2 - Land Use Map UGA-5 a PANGBORN� O m� 4AVLMAN s - < ire fl WISER LAKE �WISEti LAKE' ! � ; J - Lynden Urban Growth Area Incorporated City Urban Growth Area YNFOpMq p�0 Q�Yc COD, o�pP�Com �� 2015 •v�� �� AfA[t%Sgip NYyf FO IOW�M651 YiM(Mf YMi UbEfl'8 (qWO rop..usu..axvw�.mw wan�o m. �� �,- .. x�,...,,�R,m�aen,emxm"n-' n..s MYb�Nai�ete�hM eNT.%amC� lokwn W KNM w/ 5 • : " Whatcom County Comprehensive Plan 2- 57 I County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Nooksack The Nooksack urban growth area is located in centralwestem Whatcom County, northeast of Bellingham. The UGA is located immediately to the east and northeast of the City of Everson, and is served by a major state highway, SR 9 that connects the City to the Canadian border and to points further of Sungas7 From points south, Burlington Northern railway passes through the town center, on the way to Canada. The Community's expressed vision is to maintain an atmosphere of safe and friendly family living in a small town rural setting, while protecting and enjoying the natural environment and agricultural lands of the surrounding area, and promoting development of new jobs and businesses_ , 2984) . Flood prone areas, preservation of agricultural resource land, appropriate use or re- use of adjacent mineral resource lands, and provision of adequate urban level services, are among the factors considered in designating the City of Nooksack Urban Growth Area boundary. The Nooksack UGA is located entirely within the Sumas River watershed, with portions of the City's eastern boundary following the Sumas River as it flows north toward Sumas and British Columbia, Canada. Nooksack is surrounded on all sides by physical constraints that present challenges to development. West of the city limits is the Nooksack River floodplain with a history of recurrent flooding, and east of the city are the Sumas River, Breckenridge Creek, and Swift Creek, all of which are prone to flooding. Mineral resource designated lands with active mining operations are located northeast of the city limits. The Nooksack UGA includes nay-a'se been Odentified-as- n areas with high aquifer recharge susceptibility, protected by City and County critical areas regulations. Nooksack UGA is surrounded by agricultural land, or rural land identified with agricultural soils on nearly all sides. County goals include working cooperatively with the City of Nooksack to enhance or maintain the county's agricultural land base. The City of Nooksack collects and transmits wastewater to City of Everson's Sewage Treatment Plant for treatment. Both cities provide funding for operation and maintenance of Everson's sewer treatment facility. The City ef next 13 to 15 years_� NeitheF eity has a Gempt=ehensive Sewer Plan adopted, but efforts aFe beginning. 41--e h-ave- a plan that will n9eet futuFe needs thFeugh the 29 Whatcom County Comprehensive Plan 2- 58 346 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use The City of Nooksack has a Water System that provides water to the City and a portion of the UGA. . The Plan eeveFs the 20 year planning period tht=eugh 2 The City of Nooksack purchases water from the City of Sumas, pi=eviding 199 aet=e feet ef wateF annually to Neeks per the terms of a mutual supply agreement between Sumas and Nooksack and the Nooksack Valley Water Association (NVWA). Sumas has water rights to provide City of Nooksack with adequate supply necessary to support projected growth. Public schools for the area are operated and maintained by the Nooksack Valley School District. Fire protection services are provided by Fire District # 1. Reason for change: Additional service provider information will be in the Whatcom County 20-Year Capital Facilities Plan and, where available, individual service provider plans. The urban growth area for Nooksack is intended to provide sufficient land area to accommodate future urban growth with adequate public services, while minimizing impacts to resource lands and critical areas. County goals encourage Nooksack to develop residentially zoned areas at average net densities of four to six units per net developable acre. Net developable acreage is calculated by subtracting areas with development limitations such as steep slopes, flood areas, and other critical areas, and land needed for rights -of -way, utilities, infrastructure and open space. Areas included in the UGA - (Map UGA-6) North Land northwest of the existing city limits, north of Tom Rd., has been included in the Urban Growth Area. This land is mostly located outside the floodplain and, after annexation, is planned for future industrial development. East Land east of the existing city limits and north of Breckenridge Creek has been included in the Urban Growth Area. This land is mostly located outside floodplains, and upon annexation Nooksack has indicated a willingness to provide urban services. This area currently contains the Nooksack Elementary School and an adjacent cemetery, both of which are considered public uses. The majority of the remaining area is planned for residential development. Whatcom County Comprehensive Plan 2- 59 347 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use South Land south of the existing city limits and east of SR 9 has been included in the Urban Growth Area. This land, formerly in the Everson Urban Growth Area, is planned for future residential and commercial development. West Land west of the existing city limits, adjacent to the Nooksack Valley Middle School has been included in the Urban Growth Area. This land is located within the floodplain and, after annexation, is planned for ball fields. Goal 2Z: Provided an Urban Growth Areal for Nooksack which accommodates future growth needs and recognizes constraints imposed by Nooksack and Sumas River flooding, and adjacent designated agriculture agr cultural uses, and mineral resource lands.g isst+es� Policy 2Z-1: Work with Nooksack to adopt measures to limit development in floodplains. Reason for change: The City of Nooksack reviewed zoning in 2013 and shifted some land within the City into anew "'Open Space/Agriculture" zone. Policy 2Z-2-3: Encourage Nooksack to pursue multi -family development and to adopt measures to develop within the existing city limits at increased densities. Policy 2Z-34: Ensure Nooksack can provide adequate urban services to accommodate projected population growth within the urban growth area. Policy 2Z-4§: Review and update the interlocal agreement with Nooksack, prior to expiration of the current interlocal agreementas needed, to provide for: • Coordinated arowth manaaement and capital facilitv planning' • identification of needed capital facility improvements and funding mechanismsadequate seuFees ef funding. • timing and procedures to be used for review of adequacy of land supply- • consistency with the Coordinated Water System Plan-- Whatcom County Comprehensive Plan 2- 60 MW 1 2 3 4 5 6 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use • periodic reexamination of flood prone and agricultural areas- • measures for protection of adjacent resource lands through control of incompatible uses and/or buffers;. and. • long term measures to assure compatibility with resource lands. Whatcom County Comprehensive Plan 2- 61 349 County Council Preliminary Draft June 21, 2016 Whatcom County I Comprehensive Plan Everson ) �3ajt Chapter 2 - Land Use Map UGA-6 SERG - Nooksack Urban Growth Area _.. 1 Incorporated City b ....�..: Urban Growth Area s,o,„6M «,,Ys666R,A„ NNE A6AEF1tf#i WiM1Nf l6UAWM6b f Nh.ueuW YkuW.nt er.)nrv.m W9.NWf rwrtM arcuuammw maau.NNa� xrxa,w.:aamuww ace.,w. m+,ua. na4, ea aexa.+r Xr 41,4 QOQN(COMR C0011,0 G Jo 2015 l( :: i -�_ rf � . N A Urban Growth Area Reserve pmxis,kw. erhp b,.R491ron sevvuM Et®w. Gys s.rvi10 Whatcom County Comprehensive Plan 2- 62 350 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Sumas The Sumas urban growth area is located in north central Whatcom County along the USA -Canada international border, with the communities of Everson and Nooksack to the southwest. The UGA is served by two state highways (SR 9 and SR 547) connecting the City to the Canadian border and extending to points further south and east. The Community's vision for the UGA is to take advantage of its location and function as an international border crossing to capitalize on commercial and retail economic opportunities presented by border traffic_; and4The City has also expressed an interest in becoming a regional industrial center. The UGA is served by Burlington Northern railway. 13 Flood prone areas, preservation of agricultural resource land, and provision of 14 adequate urban services, are among many factors considered in designating the 15 City of Sumas Urban Growth Area boundary. The UGA and surrounding area 16 consists of gently sloping terrain, tributary streams and creeks draining into the 17 meandering northward flowing Sumas River. The UGA is also surrounded by 18 designated agricultural land on all sides. County 19 goals include working cooperatively with the City of Sumas to enhance or maintain 20 the county's agricultural land base. 21 22 Urban level service capacities must be considered when establishing geographic 23 boundaries to accommodate future urban growth. The City of Sumas has a Water 24 System that serves the City. This -Plan 25 , 26 which is slightly less than what the Geunty has alleeated feF urban gi=ewth duFing 27 the 20 yeaF planning period. State law , eq. — , , unie"pal systengs te update WSP�s 28 . 29 The City of Sumas owns and operates seven wells in two major well fields that 30 provide a significant quantity of water within recognized water rights. City of Sumas 31 supplies wholesale water to the Sumas Rural Water Association—(SRWA) the 32 Nooksack Valley Water Association and the City of Nooksack. 33 in the 2090 Plan, 34 1,000,000 35 20 yeaF planning peri&d-. 37 City of Sumas collects and transports wastewater across the USA -Canada border for 38 treatment in the City of Abbotsford, British Columbia, Canada, on a contractual 39 basis. This agreement extends through the year 2028. 40 , it appeaFs that the Gity has sufficie 41 eapaeity te n9eet the gi=ewth allecated within the 20 yeai= planning peFied. 42 43 Public schools for the area are operated and maintained by the Nooksack Valley 44 School District. Fire protection services are provided by Fire District #_ 1_4_, l•7 Whatcom County Comprehensive Plan 2- 63 351 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use - - - - :. -MR I 1111110. IN - IN M-e :: Reason for change: Additional service provider informationwill be in the Whatcom County 20-Year Capital Facilities Plan and, where available, individual service provider plans. The urban growth area for Sumas is intended to provide sufficient land area to accommodate future urban growth with adequate public services, while minimizing impacts to resource lands and critical areas. County goals encourage Sumas to develop residentially zoned areas at average net densities of four to six units per net developable acre. Net developable acreage is calculated by subtracting areas with development limitations such as steep slopes, flood areas, and other critical areas, and land needed for rights -of -way, utilities, infrastructure and open space. Areas included in the UGA - (Map UGA-7) An area south of Sumas and east of SR9 has been designated urban growth area to accommodate future growth needs. Goal 2AA: Provided an Urban Growth AreaBoundary for Sumas which accommodates future growth needs and recognizes the unique constraints imposed by flooding of the Sumas River and the Nooksack River and designated Agriculture lands. Policy 2AA-1: Ensure Sumas can provide adequate urban services within the urban growth area. Policy 2AA-2: Work with Sumas to adopt measures to limit development in floodplains. Policy 2AA-3: Encourage Sumas to increase densities for areas located outside the floodplain. Policy 2AA-4: Avoid new land uses that are an identified threat to groundwater quality within the delineated wellhead protection area of the Sumas City wellfield and May Road wellfield. Policy 2AA-5: Review and update the interlocal agreement with Sumas, prior to expiration of the current interlocal agreement, to provide Whatcom County Comprehensive Plan 2- 64 352 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use egeEiate and adept aninteFleeal agFeement=R'-�wre� - • Coordinated growth management and capital facility planning; • restriction of extension of urban levels of service outside the urban growth area- • identification of needed capital facility improvements and funding mechanisms paid fei� • timing and procedures to be used for review of adequate of land supply,- • consistency with the Coordinated Water System Plan- • protection of groundwater quality within the wellhead protection areas of the Sumas wellfields�. • re-examination of the densities outside the floodplain to see if they can be increased -Land- • long term measures to assure compatibility with resource lands. Whatcom County Comprehensive Plan 2- 65 353 County Council Preliminary Draft June 21, 2016 Whatcom County I Comprehensive Plan Chapter 2 - Land Use Map UGA-7 INfOR W4, - Sumas Urban Growth Area GQpQP,OM 00t, us Lam. ...� Incorporated Cityrnx*xxix rxs aio°ewS Os rmc+ir`xcmxns 2015 wc.nsrcm.oas xp..nxrmm,.o-awm#vx.xra r �r ,. F upkr. W'rYr,¢cgW aav++dr�,aW cean�q Um + Urban Growth Area ° N Urban Growth Area Reserve p� o.°zs as usyst �SS.N1.4, 1 Whatcom County Comprehensive Plan 2- 66 354 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Birch Bay and Columbia Valley Urban Growth Areas B+reh--Bay, Sudden alley, anddz�The Birch Bay UGA and Columbia Valley —VGA are unincorporated areas with sizable populations and substantial amounts of existing, residential/recreational development. These areas are characterized by a mix of permanent residents, recreational units and/or second home use, which reflects both the population growth that has occurred in the unincorporated areas of Whatcom County and the resort/recreational nature of these areas. Birch Bay UGA Birch Bay is a resort community which has historically been a second -home resort area with a trend toward permanent, often retirement homes. A high proportion are eeeupied. The eengmunity, hewever, feels that, However, the trend is shifting to more permanent residents because of the attractiveness of the Birch Bay area anda-s the cost of housing in other areas of the county. incFeases. TFIRr—E;- 2000 cens ceunted S,094 heusing units in the BiFeh Bay Census Designated Plaee, including FecFeatienal units and • Water and sewer are provided by Birch Bay Water and -Sewer and 'A'alf-eir District which has a network of water lines throughout most of the district. Birch Bay Water and Sewer District has the capability of providing sewer service to the entire urban growth area, but the present sewer system covers a much smaller geographic area than the water distribution system. The sewer service area also includes land which was removed from the Birch Bay Urban Growth Area. er is ineluded in the Blaine The district purchases water under a contractual agreement from the City of Blaine. In April 2002, the District entered into a 30 year contract with the City of Blaine to purchase water adequate to serve the District's projected need for water through 20322822. The District continues to work closely with Blaine as the need for water changes given -with updates to the population projections. The District also has a drilled by and pen -ding River, r Whatcom County Comprehensive Plan 2- 67 355 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 1in 2002Between 2001 and 2003, a citizen group developedeetfTleted a Community 2 Plan for the Birch Bay Urban Growth Area and surrounding rural area. The Birch Bay 3 Community Plan, as revised, was adopted as a Subarea of the Whatcom County 4 Comprehensive Plan in 2004 and provides more detailed background information 5 and policy direction regarding growth and development within Birch Bay. Where 6 there are conflicts between the Birch Bay Community Plan and the Whatcom County 7 Comprehensive Plan, Tthe County Comprehensive Plan shall prevail. 8 9 In 1992, an attempt was made to incorporate Birch Bay; however, it was defeated 10 by the voters. In 2008, the county completed an incorporation feasibility study for 11 the Birch Bay UGA which identified the issues with and benefits of incorporating. It 12 concluded that Birch Bay incorporation was financially feasible given the 13 community's tax base and service needs. The community has not made another 14 attempt to incorporate as of 2015.2009. 15 16 Columbia Valley¢IE UGA 17 18 Located in the northeast region of the developed portion of the county, the 19 Columbia Valley UGA is the most populous area in the eastern part of Whatcom 20 County. 21 22 The Columbia Valley area, like many other areas in Whatcom County, was originally 23 developed to cater to a seasonal population, primarily Canadians who are allowed 24 to spend up to six months per year in the United States. 200�.S, Census da 25 26 vacant. However, this area has become attractive for permanent residents and has 27 transitioned to a higher percentage of year-round residents. The lots are affordable 28 and the current and projected development will provide an available work force for 29 economic development. 30 31 Columbia Valley includes two large subdivisions, Paradise Lakes and Peaceful 32 Valley, which are located along both sides of Kendall Road (SR547). The UGA also 33 includes several lakes, a wetland complex along Kendall Creek, and some 34 undeveloped land. The Columbia Valley was originally designated as an urban 35 ( growth area in 1999. Between 2000 and 20138, the population of the UGA has 36 increased by approximately 30%.ngeFe than 5911' Additionally, the population 37 increases in the summer because of the recreational units in the UGA. 38 39 Paradise Lakes has public roads and continues to utilize septic systems for sewage 40 disposal. The Columbia Valley Water District (formerly Evergreen Water -Sewer 41 District) provides public water service to residential and camper lots within the 42 Paradise Lakes divisions. Peaceful Valley has private roads and a water and sewer 43 system managed by Water District 13. 44 45 Public transit service is provided to the Columbia Valley/Kendall area by the 46 Whatcom Transportation Authority (WTA). Local east -county law enforcement is Whatcom County Comprehensive Plan 2- 68 356 County Council Preliminary Draft June 21, 2016 2 - Land Use 1 I provided by a full time resident Sheriff's Deputy that is based out of ri the 2 East Whatcom Regional Resource Center. The small town of Kendall, located 3 outside of the UGA, has a commercial district, fire station, and an elementary 4 school. - - - • _ 1 C : r • _ • • _ - : • - TIM ? 'C 14 N A _ • _ • • r G 15 MEW • ..♦. _. MI.Mr _ _ _ i • _ _ _ r _ C i • • • • • r • • • • _ • i _ : • _ _ _ _ 1 r 21 0 C : - 23 • _ • _ �: • ..... C r : C • C: - C i • : C' r r C - - : : • • : • C ♦ - • C • • C • ' • i ♦ :: C • • Go-- _ • _ : 30 : • C ♦ : : : : ' 0 : : • i • • - / • • • •• • ': : : C :C • _ • • i _ _ 35 C' C : 0_ �_ _ :• 36 • • . :USEMU• • . : • ♦ : C : C 39 "ti G -C • CC : •r NOW III __ •. C__ r 0•_ _ �_ CC • _ �• 145 • • Whatcom County Comprehensive Plan 2- 69 357 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use - . : - 1 - • - - - A : . - :: :. - WIN! - :- Reason for change: Sudden Valley text has been modified and moved to the Lake Whatcom section of Chapter 11, Environment. Goal 2BB: Recognize Birch Bay and the Columbia Valley area as county urban growth areas, not associated with existing cities. Policy 2BB-1: Work with the Birch Bay Water and Sewer District to foster water and sewer plans that are coordinated and consistent with the Whatcom County Comprehensive Plan. Work with Birch Bay Water and Sewer District and the City of Blaine to resolve any issues of jurisdiction. amend the District seFVieeaFeaboundaries b � r. + with the .d I rb �d �cr—r�—cvrr.7TS� e—�-e`v'isiia—vrv�a7-ri�rza-'-aTrUDistrict that were Femeved frem the III— I A .. Policy 2BB-2: Work with North Whatcom Fire and Rescue the Blaine School District, the Washington Department of Transportation and other interested parties to foster capital facility plans for the Birch Bay UGA that are coordinated and consistent with the Whatcom County Comprehensive Plan.Werk with Bir-ch Bay Policy 2BB-3 Recognize the resort nature of Birch Bay, including the significant second home factor when analyzing land supply for urban growth area boundaries. Recognize the recreational Whatcom County Comprehensive Plan 2- 70 358 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use nature of a portion of the Columbia Valley UGA when analyzing land supply for urban growth area boundaries. Policy 2BB-4: Birch Bay is unique with its traditional cottages on small lots that enhance the character of the area. In order to facilitate continuation of this traditional character, encourage small lot single family development in the Birch Bay UGA. Propose amendments to the Resort Commercial zoning district, applicable only to single family dwellings, that increase density to between 10 and 20 dwelling units/acre, reduce setbacks and require pervious surfaces for driveways or other methods of stormwater infiltration. Policy 2BB-5 Encourage incorporation of Birch Bay when financial viability can be achieved without including the Cherry Point Industrial Area within proposed city boundaries. Policy 2BB-6S: Recognize the impacts of tourist development on local residents in the Birch Bay, Sudden Valley, and Columbia Valley UGAs and provide for mitigation of those impacts. Policy 2BB-76: Work with Water District 13 and the Columbia Valley Water District to foster water and sewer plans that are coordinated and consistent with the Whatcom County Comprehensive Plan. Policy 2BB-8 Work with Fire District 14 the Mount Baker School District the Washington Department of Transportation and other interested parties to foster capital facility plans for the Columbia Valley UGA that are coordinated and consistent with the Whatcom County Comprehensive Plan. and public service issues se that the Gelurribia Valley UGA can Capital facility plans should provide the information required by RCW 36.70A.070(3). Policy 2BB-9-7: Study the Columbia Valley UGA to identify the factors necessary to create an economically viable city, the implications of such development within the County overall, and make recommendations as to how and when incorporation should be initiated. Policy 2BB-108: Require unplatted areas in the Columbia Valley UGA to obtain "ability to serve" letters from schools, fire districts, and water and sewer service providers and demonstrate adequate road capacity in order to receive county approval for new subdivisions. Whatcom County Comprehensive Plan 2- 71 359 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Policy 2BB-119: For new subdivisions, encourage the use of clustering with adequate setbacks along Kendall Creek, Kendall and Sprague lakes, and wetlands to avoid environmental degradation of surface waters, to enhance/restore fish habitat relative to complying with listings under the Endangered Species Act, where they might apply, and to protect the aquifer underlying the Columbia Valley. Policy 2BB-12�8: For existing lots in the Columbia Valley UGA, encourage the use of appropriate stormwater best management practices and connection to public sewer to protect surface waters and the aquifer. Any new building permits on existing lots must be able to demonstrate that the water service is available to provide adequate water as a precondition to the issuance of a permit. Policy 2BB-1314: Encourage use of low impact development (LID) standards in the Columbia Valley UGA. Policy 2BB-144-2: Recognize the need for light impact industrial land uses within the Columbia Valley Urban Growth Area. Consider establishing a light impact industrial zone located on the north side of Limestone Road in accordance with the policies of the Foothills Subarea Plan. Policy 2BB-1533: Recognize the Columbia Valley UGA as a developing urban community with potential to establish a viable town center, which includes commercial uses, a variety of residential housing types, and institutional uses. Reason for change: Sudden Valley policies have been moved to the Lake Whatcom section of Chapter 11, Environment. Reason for change: Sudden Valley policies have been moved to the Lake Whatcom section of Chapter 11, Environment. Whatcom County Comprehensive Plan 2- 72 360 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Reason for change: Sudden Valley policies have been moved to the Lake Whatcom section of Chapter 11, Environment. Reason for change: Sudden Valley policieshave been moved to the Lake Whatcom section of Chapter 11, Environment. MM--- - - rMAIROMMOUNIUMIL A MR q I Reason for change: Sudden Valley policies have been moved to the Lake Whatcom section of Chapter 11, Environment. ional now Kurai LommuniLy ;i ype +1 LAI-IlKIJ ana suDjeCL LO ilmiLaLions In ivoncy LJJ-i Lnrougn Reason for change: Sudden Valley is no longer designated as a Recreational Subdivision in the Comprehensive Plan. Reason for change: Sudden Valley policies have been moved to the Lake Whatcom section of Chapter 11, Environment. Whatcom County Comprehensive Plan 2- 73 '0� 1 County Council Preliminary Draft June 21, 2016 Whatcorn County I C—p€ehe-ove pw, Chapter 2 - Land Use u a,a y s j; g s z g -Birch Bay Urban Growth Area �Cn���. ®a. �s Urban (�rK wth faro l �rht i n Gm+Mh fare Re5em ffi Whatcom County Comprehensive Plan 2- 74 362 I County Council Preliminary Draft June 21, 2016 Whatcom County I Comprehensive Plan Chapter 2 - Land Use Map UGA-9 - Columbia Valley Urban Growth Area COS, sis U5eC�MR p( Urban Growth Area °:r°iMUiAY-NM 3°RiA1-1.YNf°�a.A ax eu� xarxrre wumrxa ar�.e+ee.m ew°�� 2015 wn+ ma.=+x',n..u•r,•ar�.Aw mw.a�n ar ,f' f Urban Growth Area Reserve qS serv1-4' Whatcom County Comprehensive Plan 2- 75 363 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Major Industrial Urban Growth Area / Port Industrial Cherry Point The Cherry Point Urban Growth Area (UGA) contains approximately 7,000 acres of industrial land. The land has long been planned and designated by Whatcom County for industrial development and is currently the site of three major industrial facilities including two oil refineries and an aluminum smelter. Together, these three existing industries own ee upy about 4,400471-88 acres of the total Cherry Point industrial lands. in addition te existing industry, the -- - -IrAhM - - - l .l��i!.�t!l�l:t•.\:/iFl.liil iaw►:Iitrl�t�l�\w�t••�t•:1��1��lt Fl•i�ww�t��il:a.l�� �\.1.1.t!\.���1�1•i1�l�l�►.I�ll�• Because of the special characteristics of Cherry Point, this area has regional significance for the siting of large industrial or related facilities. Because of the large acreage demands of the types of industries likely to locate there, the remaining undeveloped acreage at Cherry Point will likely be absorbed during the 20 year planning period. The Cherry Point shoreline also has great importance to the fisheries and ecology of Northern Puget Sound because it provides essential spawning habitat for what once was the largest herring stock in Washington State. This herring stock has supported important commercial fisheries in the past and provides forage for salmonids and other important marine species. In 2010, the DNR recognized the need to "protect the significant environmental resource of aquatic lands at Cherry Point" (CPAR Management Plan p. 1), completed the Cherry Point Environmental Aquatic Reserve Management Plan, and designated the Cherry Point Aquatic Reserve to ensure long- term environmental protection of the area.1n SeptengbeF 2903, is expeeted that the final supplemental EIS will be published in spFing ef 2005. The pFepesed Teserve extends from the southern boundary of Birch Bay State Park to the northern border of the Lummi Indian Nation Reservation. The site excludes three existing aquatic land leases (BP, Intalco, GeneeePhillips 66 shipping piers) and one proposed aquatic land lease The overall purpose of the Cherry Point Aquatic Reserve (AR) is to ensure long-term environmental protection for local habitats and species (CPAR MP p. 1). Specific goals include protection and recovery (as applicable) of Cherry Point herring, Whatcom County Comprehensive Plan 2- 76 364 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 Nooksack Chinook salmon, Qround fish, marine mammals seabird/duck and 2 shorebird communities, Dungeness crab, and submerged native aquatic vegetation 3 (CPAR MP p. 2). Another goal is to cooperate with other stakeholders "to minimize 4 and reduce identified impacts of human activities on the species and habitats within 5 the Reserve" (CPAR MP p. 2). 6 7 The Management Plan acknowledges that the existing industries, complying with 8 laws and regulations do not conflict with the Aquatic Reserve although their 9 activities may pose risks for the Aquatic Reserve. Indeed, the industries' need for 0 buffer space and their compliance with shoreline management requirements means 1 that much of the Aquatic Reserve shoreline is in substantially natural riparian 2 vegetation and bluff processes proceed without interference. Existing industries can 3 serve the Aquatic Reserve's objectives so long as they are managed according to 4 the Plan and so long as the lessees actively work to further goals for the Reserve 5 CPAR MP p. 2). 6 17 The County and industrial users have long recognized that the Cherry Point area 18 exhibits a unique set of characteristics that makes land there not only locally but 19 regionally important for the siting of major industrial developments especially 20 where deep water access for shipping is a critical locational factor. These 21 characteristics were articulated in the Overall Economic Development Plan (OEDP) 22 for Whatcom County adopted by the Whatcom County Council of Governments in 23 1 May, 1993,,-amid in the 1997 Property Counselors Report on supply and demand for 24 industrial land in Whatcom County and at Cherry Point, the 2002 Greater Whatcom 25 Comprehensive Economic Development Strategy, and the 2003 Whatcom County 26 Industrial Land Study, and the 2015 Whatcom County Comprehensive Economic 27 Development Strategy. 28 29 The characteristics that make Cherry Point unique as a site for major industrial 30 development include the following: 31 Port Access - The marine waters off Cherry Point provide deep water access for 32 shipping. Deep water access for shipping was a major siting consideration for the 33 three major industries currently located at Cherry Point and for the--twe 34 industrial/shipping facilities currently being proposed. 35 36 Rail Access - Cherry Point is served by a branch line of the Burlington Northern 37 mainline serving western Washington from Blaine to Portland. Rail service is 38 considered to be vital to statewide as well as local interests for the competitive 39 movement of freight. Rail service is particularly important in relation to water borne 40 commerce. The Cherry Point area has the rail access to support marine terminals 41 and industrial users in the area. The BP refinery at Cherry Point uses the railroad to 42 ship calcined coke to U.S. markets and to other port facilities for transshipment to 43 ( foreign markets. Both the BP and Phillips 66 refineries receive crude oil shipments 44 by rail. 45 Whatcom County Comprehensive Plan 2- 77 365 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Proximity to Canada, Alaska and Foreign Ports - Cherry Point occupies a unique location for the siting of industry because of its close proximity to Canada and because of its shorter travel distance than other regional port facilities for shipping to Alaska and to other Pacific Rim locations. The Cherry Point industrial area benefits from proximity to Canada, as trade between the U.S. and Canada grows in response to the lifting of trade barriers under the Free Trade Agreement_ of 1989. Canadian exports to the U.S. are expected to increase and Canadian firms exporting to the U.S. are expected to seek locations in the U.S. as a way of improving access to U.S. markets. Additionally, just as other port facilities in Washington are constrained by lack of extensive upland areas to support major industrial development, Canadian port facilities are likewise constrained. There are limited expansion sites available at Roberts Banks and in the Vancouver Harbor, and development sites further up the Fraser River are constrained by limitations on vessel draft. Marine terminals at Cherry Point could serve a portion of the potential growth in Canadian marine cargo. Presence of Necessary Utilities and Infrastructure Cherry Point is;as been a major industrial area in Whatcom County. -s;, ee-t;e y 960' Plant have all been opeFating at CheFFY Peint feF meFe than thir-ty yeaFS.- The Phillips 66 Ferndale Refinery was constructed in 1954, the Alcoa Intalco Works Aluminum Smelter in 1966, and the BP Cherry Point Refinery in 1971. The infrastructure to support these industries and future industrial users at Cherry Point is in place and includes the following: Electric Power: Electric Power is available from three providers in the Cherry Point area: Puget Sound Energy, Public Utility District #1 (PUD #11, and Bonneville Power Administration. Puget Sound Energy owns two electrical generating facilities at Cherry Point. The electricity generated by these two facilities can be transmitted outside the region into the grid for supply to Puget's customers or some of it can be consumed by Cherry Point customers through interties with the PUD #1. Puget Sound Energy also acquires power from outside the region and transmits it via their transmission grid into Cherry Point. The BP Cherry Point Refinery purchases electrical supply on the market and pays Puget Sound Energy to transmit the power and operate distribution systems to provide that power to the refinery. PUD #1 purchases electricity from the Bonneville Power Administration and takes ownership of that power at the Bonneville substation in Bellingham and then transmits it over its transmission line to Cherry Point to serve the Phillips 66 Ferndale Refinery. Whatcom County Comprehensive Plan OM 366 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 PUD #1 and Puget Sound Energy have interties at Cherry Point allowing the 2 transmission of power in and out of Cherry Point depending on the amount of power 3 generated and consumed at Cherry Point. 4 The Bonneville Power Administration supplies power directly to the Alcoa Intalco 5 Works aluminum production facility. 6 One ef these pFevideFs, 7 8 9 V. �ble ... feF Cherry Peint industrial usei=s eveF the past few years. The pFepesed 10 11 12 Water: Whatcom County Public Utility District #1 currently provides industrial 13 process water to all major industrial facilities at Cherry Point and has contracts in 14 place to provide process water to properties that are currently undeveloped.twe 15 PUD # 1 16 also operates a small system to provide potable water to one industry-(Praxairl. 17 Birch Bay Water and Sewer District provides potable water to the BP Cherry Point 18 Refinery. The other industries operate their own water treatment facilities and reat 19 PFOcess wate to provide potable water for their facilities. 20 21 Sewer: Sewer service is not typically required for large industrial developments. 22 Most of the existing industrial users provide their own on -site sewage treatment 23 and waste water treatment. Sewer service for domestic wastewater is provided to 24 the BP Refinery by the Birch Bay Water and Sewer District. If and when sewer 25 service should become necessary for other industries, service could be provided on 26 a contractual basis with the Birch Bay Water and Sewer District, which borders the 27 Cherry Point industrial area on the north. 28 29 Natural Gas: Natural gas is currently available at Cherry Point. 30 31 ( All-weather Roads: Grandview and Slater Rroads, the major east -west connectors 32 between Cherry Point and Interstate-5, provides all-weather road access to Cherry 33 Point. 34 35 The industries currently located at Cherry Point are a substantial part of the 36 economic base of Whatcom County and the region and the economic welfare of the 37 county is strongly tied to the health of these industries and their ability to flourish 38 and expand as opportunities present themselves. These industries need to be 39 protected from the inappropriate encroachment of incompatible uses; particularly 40 residential uses that could affect their ability to expand. The best means for 41 protecting these industries from incompatible adjoining uses and to assure their 42 continued regulatory conformity is to maintain the industrial land use designation of 43 these lands and adjoining properties currently designated for industrial 44 development. The Cherry Point industrial lands have been designated for industrial 45 development and as a direct result of the industrial designation, incompatible and 46 inappropriate residential development has been curtailed. Whatcom County Comprehensive Plan 2- 79 367 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 2 Goal 2CC: Maintain Cherry Point as an unincorporated urban growth 3 area based on its unique location and characteristics and 4 its significant contribution to the overall industrial land 5 supply and Whatcom County's tax base. 6 7 Policy 2CC-1: Designate Cherry Point as a major industrial Urban Growth Area 8 to accommodate major users that need to be located away from 9 concentrated urban residential areas and that can manage their 10 activities in such a way that they do not conflict with the goals 11 of the Aquatic Reserve Management Plan. 12 13 Policy 2CC-2: Ensure that developments in the Cherry Point UGA maintain 14 management plans to accomplish the goals of the Aquatic 15 Reserve Management Plan. 16 17 Policy 2CC-3: Assure that Cherry Point's unique features of large parcelization, 18 port access, and transportation availability are maintained and 19 ( protected from incompatible development. 20 21 Policy: 2CC-43: Require the master planning of each large parcel in advance of 22 any development or subdivision at Cherry Point. 23 24 Policy: 2CC-54: Require the designation and site plan for a major user (generally 25 40 acres or more) before the development of accessory or 26 supporting uses to assure that accessory or supporting uses are 27 compatible with and will not interfere with the major industrial 28 user. 29 30 Policy: 2CC-6S: Specify 160 acres as a minimum area for planning, prior to the 31 commitment of a parcel for a major user (40 acres or more, 32 singularly or as a cluster or group). 33 34 Policy: 2CC-76: Permit support activities, warehousing, shipping, machine repair 35 and service, educational services, food service and 36 conveniences, to locate on a parcel only after the completion of 37 a master plan, and the identification and site plan approval for 38 the major user. 39 40 ( Policy 2CC-8-7: Resist inclusion of Exclude Cherry Point as part of any future 41 incorporation of Birch Bay. 42 • to protect interests of the property owner in terms of 43 taxation and urban regulations; 44 • to preclude urbanism near "smokestack" industries; 45 • to preserve county government tax base. 46 Whatcom County Comprehensive Plan 2- 80 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 Policy 2CC-98: Continue to work with service providers that serve Cherry Point 2 to ensure the delivery of services and to allow it to develop to 3 its fullest potential. 4 5 Policy 2CC-109: It is the policy of Whatcom County to limit the number of piers 6 at Cherry Point by establishing a development moratorium. 7 Notwithstanding the above, this moratorium shall not affect, nor 8 otherwise apply to, any proposed pier that Whatcom County 9 approved under its Shoreline Management Program prior to 10 adoption of the moratorium. 11 12 Policy 2CC-1110: RCW 36.70A.365 requires the implementation of Traffic Demand 13 Management (TDM) programs for the designating of a Major 14 Industrial Urban Growth Area. Any employer in the Cherry Point 15 Urban Growth Area that employs one hundred or more full-time 16 employees at a single worksite who begin their regular work day 17 between 6:00 am and 9:00 am on weekdays for at least twelve 18 continuous months during the year are required to meet the 19 TDM requirements of WCC 16.24. 20 21 Policy 2CC-12: Work with the Cherry Point industries to maximize public access 22 to the Cherry Point beaches without compromising industrial 23 security. 24 25 Policy 2CC-13: Cooperate with the DNR and existing industries to monitor 26 the effects of industrial activities on water quality and habitat 27 functions in and adjacent to the Cherry Point Aquatic 28 Reserve. Whatcom County Comprehensive Plan 2- 81 369 1 County Council Preliminary Draft June 21, 2016 Whatcom County I Comprehensive Plan Chapter 2 - Land Use Map UGA-10 a W i a� BROWN RCROVF Y ,. �41 �b... f1 s &sire / Terrell, VVAU IINE S AITLR - Cherry Point Urban Growth Area flQeQP(co"'p S, Major Port/industrial UGA 4v 2015 "w rxRm mmrxR Rauwaxa ar nn. . tmaR xaav �v rryr.:.cs¢eevranb mw"s ON` j }l{ SS a�aP+ts INMi9 URa:ma Ce �rMabt4 plaaa�++N ¢M �' kn.� Rk�i"r KWraiwa en vro MM ua. Whatcom County Comprehensive Plan 2- 82 370 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 Rural Lands 21 3 Introduction 4 5 Purpose 6 7 The purpose of the Rural Lands section is to provide direction for land use decisions 8 in the rural areas of Whatcom County. 9 10 GMA Requirements 11 12 The state Growth Management Act (GMA) requires counties to include a Rural 13 element in their comprehensive plan in accordance with RCW 36.70A.070. GMA 14 defines rural lands as those that are located outside urban growth areas and which 15 do not include designated agriculture, forestry, or mineral resource lands of long- 16 term commercial significance. Agriculture, forestry and mineral resource lands are 17 addressed separately in Chapter 8: Resource Lands. 18 19 GMA requires counties to provide for a variety of rural densities and uses in its rural 20 areas, and to adopt measures to protect the rural character —the —area, as 21 . The GMA (RCW 36.70A.030(15)) defines "rural 22 character" as "patterns of land use and development established by a county in the 23 rural element of its comprehensive plan: 24 25 • In which open space, the natural landscape, and vegetation predominate 26 over the built environment; 27 • That foster traditional rural lifestyles, rural -based economies, and 28 opportunities to both live and work in rural areas; 29 0 That provide visual landscapes that are traditionally found in rural areas and 30 communities; 31 • That are compatible with the use of the land by wildlife and for fish and 32 wildlife habitat; 33 • That reduce the inappropriate conversion of undeveloped land into sprawling, 34 low -density development; 35 • That generally do not require the extension of urban government services; 36 and 37 • That are consistent with the protection of natural surface water flows and 38 ground water and surface water recharge and discharge areas." 39 40 GMA allows counties to designate "limited areas of more intensive rural 41 development" (LAMIRDs) where more intensive uses have been established within 42 their rural areas. Counties making such designations must adopt measures to 43 minimize and contain the existing areas or uses of more intensive rural 44 development. In its findings preceding the GMA, the legislature states that rural 45 counties must have flexibility to create opportunities for business development and 46 must have the flexibility to retain existing businesses and allow them to expand. Whatcom County Comprehensive Plan 2- 83 371 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Rural Character and Lifestyle Rural Whatcom County is the portion of the County not planned for either urban or resource use and its character differs from that of the County's urban and resource areas. While agriculture and forestry are practiced in the rural areas, it is generally on a smaller scale than in the resource areas that are set aside specifically for those purposes. The rural areas provide an important buffer between urban areas and resource lands, and the character of the rural areas is differentiated from the urban areas by less intensive uses and densities, and greater predominance of vegetation, wildlife habitat, and open space. Small unincorporated communities have existed in the rural areas for many decades but have not become urban centers. Land uses in these communities are more intensive than those in the surrounding rural areas, and provide rural residents places to shop, eat, play, etc, and access public services such as schools, libraries, and post offices without having to travel to cities. The businesses in these communities are important contributors to the economy of Whatcom County. Even outside these settlements, residents of the rural areas have established home occupations, cottage industries, and small-scale businesses that are an important part of the County's traditional rural economy. Historically, rural Whatcom County has been a place of great variety. Residential densities vary greatly from homes on 10 or 20 acre lots to lots smaller than one acre in the rural communities and neighborhoods that have been established over the years. The scale and intensity of rural businesses varies from the home occupations, cottage industries, and resource -based industries to the more intensive commercial and manufacturing uses, though the County's largest commercial and industrial uses have been established in the urban areas. Whatcom County's rural lifestyle is one where residents enjoy views of a green landscape dotted by homes and barns, and have an appreciation for clean water and air. Residents can work and shop in small rural communities, or earn a living on their own rural lands, but these enterprises do not detract from the overall sense of openness and predominance of the landscape in the rural area. Rural Whatcom County has long been a place to raise children with the values of hard work and responsible stewardship of the land, and where residents can grow food and livestock for themselves or for market. While rural property owners do not expect to be provided with urban -level services, they enjoy a quality of life and sense of self-sufficiency not ordinarily found in the urban areas. In the rural element of this chapter, Whatcom County establishes policy consistent with the findings of the legislature and with the above vision of rural character and lifestyle that will: • Help preserve rural -based economies and tradition lifestyles, • Encourage the economic prosperity of rural residents Whatcom County Comprehensive Plan 372 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 • Foster opportunities for small-scale, rural -based employment and self 2 employment, 3 • Permit the operation of rural -based agriculture, commercial, recreational, and 4 tourist businesses that are consistent with existing and planned land use 5 patterns, 6 • Be compatible with the use of the land by wildlife and for fish and wildlife 7 habitat, 8 • Foster the private stewardship of the land and preservation of open space, 9 and 10 • Enhance the rural sense of community and quality of life. it 12 Goal 2DD: Retain the character and lifestyle of rural Whatcom 13 County. 14 15 Policy 2DD-1: Concentrate growth in urban areas per the population 16 projections in Chapter 1 of this plan, and recognize rural lands 17 as an important transition area between urban areas and 18 resource areas. As part of the population growth monitoring 19 report required in Policy 2S-5, compare non -urban population 20 growth trends with the adopted non -urban population rg owth 21 projection. If the trend over five years indicates that non -urban 22 growth is significantly higher than B 23 th-e- ,;, ;�,=sT�de==�ri�„ 24 tl1e 25 pFevieuS-- year --and— "—k.11� aUa�fiteEi 2 6 p-e p-uai -gfewth -pre ' - isap p a ren t 27 thatgrewti—eccar L id2--the—ta bats—gre �L;—are-a-s 28 ineensist-enfr whit adopted projections, the County shall take 29 action to address the discrepancy. Actions may include changing 30 the allocation of the projected population growth during the 31 comprehensive plan update required per RCW 36.70A.130(1), or 32 changing development regulations to limit growth outside the 33 urban growth areas. In addition, as the County and cities review 34 the capacity for growth in the urban growth areas, the county 35 should coordinate with the cities to ensure that policies are in 36 place that are consistent with encouraging growth in the urban 37 areas and reducing demand for development in rural areas. 38 39 Reason for change: 'Coordinate monitoring required in policies 2S-5 and 2DD-1. 40 41 Policy 2DD-2: Protect the character of the rural area through the County's 42 development regulations. In addition to the policies of this plan 43 that provide measures governing rural development, the 44 following County's key development regulations are 45 incorporated into this plan by reference to assure that the plan 46 contains measures to protect rural character: Whatcom County Comprehensive Plan 2- 85 373 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use A. Measures to contain or otherwise control rural development and reduce the inappropriate conversion of undeveloped land into sprawling, low -density development: 1. Limit the expansion of areas of more intensive development and higher rural densities through Policies 2A-8, 2A-9, 2DD-1, 2DD-8, 2GG-2, 2GG-3, 233-1 through 8, 2KK 1 and 2, 2LL-1 through 4, and 2MM-1 through 4 of this plan. 2. Provide options to reserve areas of land suitable for agriculture, forestry, or open space through lots clustering in the following Zoning Code provisions, adopted herein by reference: a. WCC 20.32.305, .310, and .320, Lot clustering, Residential Rural District; b. WCC 20.34.305, .310, and .320, Lot clustering, Rural Residential Island District; c. WCC 20.36.305, .310, and .320, Lot clustering, Rural District; d. WCC 20.71.350, .351, and .352, Lot clustering, Water Resource Protection Overlay District. 3. Prohibit short subdivisions outside of urban growth areas and limited areas of more intensive rural development that would require extension of public sewer except for health or safety reasons through the following Whatcom County Land Division regulations adopted herein by reference: a. WCC 21.04.090, Sewage Disposal, Short Subdivisions. b. WCC 21.05.090 Sewage Disposal, Preliminary Long Subdivisions. B. Measures to assure visual compatibility of rural development with the surrounding rural area: 1. Ensure that the visual landscapes traditionally found in rural areas and communities are preserved through limitations on structural coverage of lots in the following Zoning Code provisions, adopted herein by reference: a. WCC 20.32.450 Lot coverage, Residential Rural District; Whatcom County Comprehensive Plan ORE 374 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use b. WCC 20.36.450 Lot coverage, Rural District. 2. Require that lots developed under the lot clustering option be designed and located to be compatible with valuable or unique natural features as well as physical constraints of the site through standards provided in the following Zoning Code provisions, adopted herein by reference: a. WCC 20.32.310 Lot clustering design standards, Residential Rural District; b. WCC 20.34.310 Lot clustering design standards, Rural Residential -Island District; c. WCC 20.36.310 Lot clustering design standards, Rural District; d. WCC 20.71.351 Lot clustering design standards, Water Resource Protection Overlay District. 3. Protect the aesthetic assets of the rural areas and soften the impact of structures through landscape buffers and setback requirements provided in the following Zoning Code provisions, adopted herein by reference: a. WCC 20.80.200 Setback requirements; b. WCC 20.80.300 Landscaping. 4. In the Point Roberts Rural Community, regulated visual aspects of development through the standards in the following Zoning Code provisions, adopted herein by reference: a. WCC 20.72.350 Building setbacks/buffer areas, Point Roberts Special District; b. WCC 20.72.651 Facility design, Point Roberts Special District; c. WCC 20.72.653 Tree canopy retention, Point Roberts Special District; d. WCC 20.72.654 Site design/view corridors, Point Roberts Special District. C. Measures to protect critical areas and surface and groundwater resources: 1. Protect the functions and values of critical areas (geologically hazardous areas, frequently flooded areas, critical aquifer recharge areas, wetlands, and habitat conservation areas) and the ecological Whatcom County Comprehensive Plan 2- 87 375 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use processes that sustain them, through WCC 16.16 Critical Areas provisions, adopted herein by reference. 2. Minimize the adverse effects of discharges from on - site sewage systems on ground and surface waters through WCC 24.05, adopted herein by reference. 3. Preserve and protect unique and important water resources through development standard in WCC 20.71 Water Resource Protection Overlay District and WCC 20.51 Lake Whatcom Watershed Overlay District, adopted herein by reference. 4. Protect surface and ground water resources through stormwater management standards established in the County's Development Standards per WCC 20.80.630 through .636, WCC 20.51 and 12.08.035 referenced in the following Zoning Code provision, adopted herein by reference: a. 20.32.656 Drainage, Residential Rural District; b. 20.34.659 Drainage, Rural Residential -Island District; c. 20.36.656 Drainage, Rural District; d. 20.37.655 Drainage, Point Roberts Transitional District; e. 20.44.652 Drainage, Recreation and Open Space District; f. 20.59.704 Drainage, Rural General Commercial District; g. 20.60.655 Drainage, Neighborhood Commercial District; h. 20.61.704 Drainage, Small Town Commercial District; i. 20.63.654 Drainage, Tourist Commercial District; j. 20.64.655 Drainage, Resort Commercial District; k. 20.67.653 Drainage, General Manufacturing District; I. 20.69.655 Drainage, Rural Industrial and Manufacturing District. 5. Assure that subdivisions meet requirements for critical areas, shoreline management, and stormwater management through the standards in the following Whatcom County Land Division regulations, adopted herein by reference: Whatcom County Comprehensive Plan 376 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use a. WCC 21.04.034 Application Procedures, Short subdivisions. b. WCC 21.05.037 Hearing Examiner Notice Hearing and Decision, Preliminary Long Subdivisions. 6. Limit water withdrawals resulting from land division through the standards in the following Whatcom County Land Division regulations, adopted herein by reference: a. WCC 21.04.090 Water supply, Short Subdivisions. b. WCC 21.05.080 Water supply, Preliminary Long Subdivisions. 7. Regulate groundwater withdrawals by requiring purveyors of public water systems and private water system applicants to comply with Washington State Department of Ecology water right requirements per WCC 24.11.050, adopted herein by reference. 8. Require evidence of an adequate water supply prior to issuance of any building permit, per WCC 24.11.060, adopted herein by reference. 9. Determine adequacy of water supply for building permit applications proposing to use a well, spring, or surface water, per WCC 24.11.090, .100, .110, .120, .130, .160, and .170, adopted herein by reference. 10. Limit phosphorus entering Lake Whatcom through WCC 20.51 Lake Whatcom Watershed Overlay District and Lake Whatcom and Lake Samish due to the application of commercial fertilizers to residential laws and public properties through WCC 16.32, adopted herein by reference. 11. Protect vital drinking water, sensitive habitats, and recreational resources within the Department of Ecology's designated Western Washington Phase II Municipal Stormwater Permit area and the Lake Whatcom watershed by prohibiting illicit discharges to the county's stormwater collection system through WCC 16.36 Illicit Discharge Detection and Elimination Program, adopted herein by reference. Whatcom County Comprehensive Plan on. 377 County Council Preliminary Draft June 21, 2016 ter 2 - Land Use 12. Maintain standards for clearing activity in highly valued water resource areas, environmentally sensitive areas, or areas where natural conditions are so unstable that clearing activity in the area can result in hazardous conditions per WCC 20.80.735 Water Resource Special Management Area, adopted herein by reference. D. Measures to protect against conflicts with the use of agricultural, forest, and mineral resource lands: 1. Ensure separation of new residences from agricultural and forestry uses through setback requirements in the following Zoning Code provisions, adopted herein by reference: a. WCC 20.80.255 Agricultural District, Supplementary Requirements; b. WCC 20.80.256 Forestry districts, Supplementary Requirements; c. WCC 20.80.258 All districts, Supplementary Requirements. 2. Ensure separation of businesses from agricultural uses through setback requirements in the following Zoning Code provisions, adopted herein by reference: a. WCC 20.59.600 Buffer area, Rural General Commercial District; b. WCC 20.60.550 Buffer area, Neighborhood Commercial District; c. WCC 20.61.600 Buffer area, Small Town Commercial District; d. WCC 20.63.600 Buffer area, Tourist Commercial District; e. WCC 20.64.550 Buffer area, Resort Commercial District; f. WCC 20.67.550 Buffer area, General Manufacturing District; g. WCC 20.69.550 Buffer area, Rural Industrial and Manufacturing District. 3. Require that all discretionary project permits within one half mile of areas designated in this plan as Rural, Agriculture, Commercial Forestry, or Rural Forestry, or within 300 feet of areas designated as Mineral Resource Whatcom County Comprehensive Plan 2- 90 378 County Council Preliminary Draft June 21, 2016 Lands, be subject following Whatcom herein by reference: Chapter 2 - Land Use to disclosure practices in the in the County Code provisions, adopted a. WCC 20.40.662 Use of Natural Resources, Agriculture District; b. WCC 20.42.652 Use of Natural Resources, Rural Forestry District; c. WCC 20.43.662 Use of Natural Resources, Commercial Forestry District; d. WCC 14.02 Right to Farm; e. WCC 14.04 Right to Practice Forestry; f. WCC 14.16 Mineral Resource Land Disclosure. Policy 2DD-3: Encourage property owners to conserve forested areas, agricultural land, and open space by utilizing current -use taxation provisions (RCW 84.34). Policy 2DD-4: Conserve open space, park land, and trails for recreational use, as well as to protect essential habitat such as riparian areas and wetlands. Policy 2DD-5: Use an "Agriculture Protection Overlay Zone" designation in certain Rural zoned areas as a way to help achieve the goal of conserving and enhancing Whatcom County's agricultural land base. Policy 2DD-6: In the "Agriculture Protection Overlay Zone" on parcels 20 acres and larger with Rural 5 acre and Rural 10 acre zoning, require non -agriculturally related development to be clustered where it would not create more conflicts with accepted agricultural practices, on a maximum of 25 percent of the available land with the remainder available for open space and agricultural uses. Development standards shall provide flexibility to achieve development potential in cases of natural limitations. Policy 2DD-7: Maintain the historic character and cultural roles of each rural area and community. Policy 2DD-8: Allow more intensive uses in limited areas of more intensive rural development designated consistent with RCW 36.70A.070(5)(d), which provide public and commercial services and employment opportunities. Reduce the inappropriate conversion of undeveloped land into sprawling, low density development in the rural area by establishing clearly defined boundaries for these areas as well as criteria for creating or Whatcom County Comprehensive Plan 2- 91 379 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 County Council Preliminary Draft June 21, 2016 2 - Land Use changing those boundaries consistent with RCW 36.70A.070(5)(d). Policy 2DD-9: AssuFe--Promote economic prosperity for rural areas and allow rural property owners reasonable use of their land by continuing to allow legal nonconforming uses. Policy 2DD-10: Adopt incentive programs, such as purchase of development rights, transfer of development rights, and tax deferrals, to achieve desired land use policies in rural areas and in areas where there are compelling reasons to do so. Rural Services Development in rural areas should not receive urban levels of service except where necessary to protect public health, safety, and the environment. Services should be coordinated to ensure that rural areas receive appropriate services including law enforcement protection, fire protection, and emergency services. The Whatcom County Public Works Department maintains county roads. Most of the residential development in rural areas uses individual on -site septic systems. Some drinking water is provided by on -site wells and in other cases it is provided by water districts or water associations. Goal 2EE: Ensure that rural areas are provided with services consistent with the rural character and that development patterns do not encourage an increased service level or degrade water quality. Policy 2EE-1: Recognize domestic water systems, volunteer fire protection, emergency services, law enforcement protection, transportation, public transit services and public utilities typically associated with rural development as appropriate services in designated rural areas. Rural services do not include storm or sanitary sewers. Policy 2EE-2: Coordinate and plan public facilities, services, roads, and utilities to ensure that rural areas have appropriate and adequate rural levels of service necessary to maintain a rural lifestyle. Coordinate with rural service providers to ensure efficient and effective service to rural areas. Policy 2EE-3: Pursue measures through which new development would help pay for increased demands on critical rural services such as fire and emergency service. Whatcom County Comprehensive Plan 2- 92 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 Policy 2EE-4: Prohibit extension or expansion of municipal public sewer 2 systems outside urban growth areas or LAMIRDs except where it 3 is necessary to protect public health, safety and the 4 environment, and when such services are financially supportable 5 at rural densities and do not permit urban development. 6 7 Policy 2EE-5: Ensure that adequate on -site wells and on -site sewage and 8 septic systems are properly installed, monitored, and 9 maintained. Provide technical assistance to property owners, 10 and require necessary improvements when needed to protect 11 health, safety and environmental quality. 12 13 Policy 2EE-6: Promote better land use practices and protect water quality by 14 encouraging landowners and developers to investigate and 15 implement innovative subdivision, septic system designs, and 16 stormwater management. 17 18 Policy 2EE-7: Ensure county coordination with service providers to determine 19 if new or infill development will have necessary services. 20 Require concurrent review of new development to ensure 21 adequate level of service at rural standards are available at the 22 time of development. 23 24 Policy 2EE-8: Public services and public facilities necessary for rural 25 commercial and industrial uses shall be provided in a manner 26 that does not permit low -density sprawl. Uses may utilize urban 27 services that previously have been made available to the site. 28 29 Rural Employment Opportunities 30 31 Many residents in rural Whatcom County depend on cottage industries, home 32 occupations, small businesses, and natural resource -based jobs for their livelihood. 33 These types of businesses support the local economy and are compatible with the 34 rural lifestyle desired by county residents. 35 36 Commercial and industrial uses located within Rural Communities, Rural Tourism, 37 and Rural Business areas are also important contributors to the local economy, 38 providing jobs and services to rural residents. 39 40 Goal 2FF: Provide employment opportunities in the rural parts of 41 Whatcom County. 42 43 Policy 2FF-1: Support small businesses, cottage industries, home occupations, 44 resource -based, tourist, recreational, and other appropriate 45 industries in the rural areas of Whatcom County. New rural 46 commercial and industrial uses that are more intensive than Whatcom County Comprehensive Plan 2- 93 381 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 County Council Preliminary Draft June 21, 2016 2 - Land Use those permitted within rural zones as home occupations or cottage industries should be located within designated Rural Communities and Rural Business areas. Policy 2FF-2: Support resource -based industries that require only rural services, conserve the natural resource land base, and help maintain the rural character and lifestyle of the community. Assure adequate facilities, mitigation and buffers through development regulations. Policy 2FF-3: Ensure that business operations do not adversely impact adjacent residential, agricultural or forest land, or compromise water quality and quantity. Policy 2FF-4: Allow home -based occupations, cottage industries and small- scale tourist and recreational uses throughout the rural area provided they do not adversely affect the surrounding residential uses, agricultural uses, forestry uses, or rural character. Rural —Lands --Land U s e Rural Designation Lands outside the County's urban and resource areas include a variety of uses and densities. Traditionally, Whatcom County's rural areas have been characterized by a spectrum of uses ranging from farms and large -lot residential areas to recreational communities and small towns. The more intensive uses in that spectrum (commercial/industrial areas and residential areas with densities greater than one unit per five acres) are contained within the boundaries of Rural Community, Rural Tourism, or Rural Business designations (LAMIRDs) and Neighborhood designations. The remainder of the rural areas are designated Rural and contain traditional rural residential and farm uses as well as small home -based and conditionally -permitted businesses. The rural character of the lands designated as Rural should not be compromised by the encroachment of more intensive development. Commercial and industrial uses in the rural areas not contained within a Rural Community designation must meet GMA criteria for small-scale tourism or isolated business uses (RCW 36.70A.070(5)(d)(ii) and (iii). Portions of the rural area that historically contain larger lots have been zoned for densities of one dwelling per ten acres. These areas provide for a variety of densities important to the rural character and shall be retained. Rezones from R10A to allow higher densities are limited to those R10A areas that are adjacent to established higher densities. Whatcom County Comprehensive Plan 2- 94 382 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 Goal 2GG: Designate Rural areas to contain a variety of uses and 2 densities while retaining their traditional rural character. 3 4 Policy 2GG-1: Provide a variety of residential choices at rural densities which 5 are compatible with the character of each of the rural areas. 6 7 Policy 2GG-2: The Rural designation includes areas of traditional rural uses 8 and gross residential densities at or below one unit per five 9 acres. To reduce the inappropriate conversion of undeveloped 10 land into sprawling, low density development in the rural area, 11 more intensive development shall be contained within Rural 12 Community, Rural Tourism, or Rural Business designations, 13 which are limited areas of more intensive rural development 14 (LAMIRDs), and predominantly residential areas with established 15 densities greater than one unit per five acres shall be contained 16 in Rural Neighborhood designations. 17 18 Policy 2GG-3 Proposed 44uses and densities within the Rural designation 19 should reflect established rural character. Rezones within the 20 Rural designation should be consistent with the established rural 21 character and densities. Land in the R10A district may be 22 rezoned to a rural zone that allows a higher density only if: 23 24 A. Residential density (the average size of parcels that 25 contained a residence as of January 1, 2013) within 500 26 feet of the area to be rezoned is less than 7.5 acres. 27 B. The proposed rezoning area is not in a designated urban 28 growth area reserve, and 29 C. The proposed rezoning area is not within an area 30 designated as a rural study area in the 2007 Rural Land 31 Study accepted by the County in Resolution 2009-040. 32 33 Policy 2GG-4: Minimize potential conflicts of rural residential development near 34 designated natural resource lands to prevent adverse impacts 35 on resource land uses. 36 37 Policy 2GG-5: Provide landowners with incentives and options to develop their 38 property at densities that may be less than the underlying zone, 39 when necessary to protect critical areas and high -value resource 40 lands. 41 42 Policy 2GG-6: Ensure that flexible development patterns such as cluster 43 subdivisions effectively preserve open space and agricultural 44 land and do not create the need for more intensive rural 45 services. 46 Whatcom County Comprehensive Plan 2- 95 383 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 Policy 2GG-7: Development within Rural designations shall be consistent with 2 rural character as described in this chapter. 3 4 Limited Areas of More Intensive Rural Development (LAMIRDs) 5 6 RCW 36.70A.070(5)(d)(i) through (iii) allows counties to designate limited areas of 7 more intensive development (LAMIRDs) for three types of development patterns in 8 the rural areas: 9 10 • Type I: "Rural development consisting of the infill, development, or 11 redevelopment of existing commercial, industrial, residential, or 12 mixed -use areas..." Existing development is defined as that which 13 existed on July 1, 1990. 14 • Type II: "The intensification of development on lots containing, or new 15 development of, small-scale recreational or tourist uses, including 16 commercial facilities to serve those ... uses, that rely on a rural 17 location and settin " 18 • Type III: "The intensification of development on lots containing isolated 19 nonresidential uses or new development of isolated cottage 20 industries and isolated small-scale businesses that are not 21 principally designed to serve the existing and projected rural 22 population and nonresidential uses, but do provide job 23 opportunities for rural residents..." 24 25 Areas designated in this plan as Rural Communities are Type I LAMIRDs. Rural 26 Tourism designations are Type II LAMIRDs and Rural Business designations are 27 Type III LAMIRDs. 28 29 The purpose of LAMIRDs is to place limits on more intensive development and 30 prevent it from adversely affecting the character of the surrounding rural areas. 31 Rural Communities (Type I LAMIRDs) are areas characterized by more intensive 32 uses at the time Whatcom County began planning under GMA. Rural Tourism 33 designations (Type II LAMIRDS) apply to lots that contain small-scale tourist uses. 34 Rural Business designations apply to lots that contain isolated small-scale business. 35 The criteria listed under Goal 2HH were used to designate Rural Communities and 36 Rural Business areas (the Type I and Type III LAMIRDS) in 2010 and should be 37 used to establish future Rural Tourism and Rural Business designations (Type II and 38 III LAMIRDs) and to evaluate future proposed modifications to Rural Community, 39 Rural Tourism, and Rural Business designations (Type I, II, and III LAMIRDs). 40 41 Goal 2HH: Establish LAMIRD Designation Criteria 42 43 Policy 2HH-1: Rural Community (Type I LAMIRD) designation criteria 44 45 A. Location Criteria. Rural Communities may be designated in 46 an area that: Whatcom County Comprehensive Plan 2- 96 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1. Was characterized by existing development more intensive than surrounding rural areas (residential or non- residential) as of July 1, 1990, and 2. Is not currently designated by the Comprehensive Plan as Urban Growth Areas (UGAs) or Resource Lands, and B. Additional Location Criteria. The following may serve as additional criteria for Rural Community designation (relative to the specific circumstances of the area, and in combination with each other): 1. The existing (1990) residential built environment was more intensively developed than surrounding areas; 2. Public services are available to serve potential infill, such as adequate potable water and fire protection, transportation facilities, sewage disposal and stormwater control; or 3. The area is planned for more intensive development in a post-GMA local subarea plan. 4. Existing zoning prior to designation as a Rural Community, except existing zoning may not be a sole criterion for designation. C. Outer Boundary Criteria. For land meeting the criteria described in A and B above, Rural Community boundaries must minimize and contain areas of intensive development and be delineated predominately by the built environment, and shall include: 1. Areas that were intensively developed and characterized by the built environment (including water lines or other utility lines with capacity to serve areas of more intensive uses) on July 1, 1990. 2. Areas that on July 1, 1990 were not intensively developed may be included within Rural Community boundaries if they meet any of the following conditions: a. Including the area helps preserve the character of an existing (built) natural neighborhood; b. Including the area allows the logical outer boundary to follow a physical boundary such as bodies of water, streets and highways, and land forms and contours; c. Including the area (or in limited cases, a portion of the parcel) prevents the logical outer boundary from being abnormally irregular; Whatcom County Comprehensive Plan 2- 97 385 County Council Preliminary Draft June 21, 2016 ter 2 - Land Use d. Including the area is consistent with efficient provision of public facilities and services in a manner that does not permit low -density sprawl; e. Including the area does not create a new pattern of low -density sprawl. Policy 2HH-2: Rural Tourism (Type II LAMIRD) designation criteria A. Location Criteria. Rural Tourism may be designated on land that: 1. Consists of one lot, or more than one lot, and 2. Is not currently designated by the Comprehensive Plan as Urban Growth Areas (UGAs) or Resource Lands, and 3. Is characterized by the intensification of development on lots containing, or new development of, small-scale recreational or tourist uses, including commercial facilities to serve those uses, that rely on a rural location and setting, but that do not include new residential development, other than a dwelling unit accessory to the business for use by the owner -manager or caretaker. 4. Does not exceed 20 acres. B. Additional Criteria The following serve as additional criteria for Rural Tourism designation: 1. The area may include pre-existing residential development, but not new (except for dwelling units accessory to the business for use by the owner -manager or caretaker), and 2. The area may serve more than the local existing & projected rural population, and utility lines with capacity to serve areas of more intensive uses) on July 1, 1990. 3. Public services and public facilities shall be limited to those necessary to serve the recreation or tourist use and shall be provided in a manner that does not permit low -density sprawl. Policy 2HH-3: Rural Business (Type III LAMIRD) designation criteria A. Location Criteria. Rural Business may be designated on land that: Whatcom County Comprehensive Plan • :A County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 2 1. Is not currently designated by the Comprehensive 3 Plan as Urban Growth Areas (UGAs) or Resource 4 Lands, and 5 2. Consists of a lot or small group of lots that either: 6 7 a. Contain nonresidential uses and is located 8 within a commercial, manufacturing, or 9 industrial zoning district at the time of 10 original county -initiated designation, or 11 b. Allow for new development of isolated 12 cottage industries and isolated small scale 13 businesses that are not principally designed 14 to serve the existing and projected rural 15 population and nonresidential uses, but do 16 provide job opportunities for rural residents. 17 18 B. Additional Criteria. 19 20 1. A Rural Business designation on a lot or small 21 group of lots containing nonresidential uses shall 22 be separated from other LAMIRD designations, 23 regardless of type, by no less than one-half mile by 24 public road, except where the other LAMIRD is 25 separated by a major physical feature such as a 26 water body, freeway, major road, or other physical 27 feature. 28 2. In the event that the listed criteria result in the 29 need to choose one proposed designation over 30 another, preference is given to a proposed use 31 that: 32 33 a. Provides the greatest number of job 34 opportunities for rural residents. 35 36 b. Is located at a controlled public road 37 intersection. 38 39 Rural Communities 40 41 Rural Communities are areas that have historically served as centers of activity and 42 services for surrounding rural areas, or have been established as more intensive 43 rural residential development. In many cases, they are served by public services 44 and facilities, including schools, libraries, post offices, and/or public transportation. 45 These areas are Type I LAMIRDs and include small unincorporated towns and other 46 areas where a concentration of commercial and public uses have been in existence Whatcom County Comprehensive Plan 2- 99 387 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 since before the adoption of the GMA in 1990. Typically, these are mixed -use areas 2 containing both residential and nonresidential uses developed at a greater intensity 3 than is generally found in outlying rural areas. This more intensive development is 4 contained within the boundaries of the Rural Community designations, preventing 5 the expansion of more intensive uses and densities into the surrounding rural 6 areas. Because undeveloped lots may be included within Rural Community 7 boundaries, infill development is possible, but at an intensity consistent with the 8 development that existed in 1990. 9 10 Areas designated as Rural Communities are: Acme, Axton & Guide Meridian, Birch 11 Bay-Lynden & Valley View, Cain Lake, Custer, Deming, Diablo, Emerald Lake, 12 Glacier, Hinotes Corner, Kendall, Lake Samish, Laurel, Lummi Peninsula, Maple 13 Falls, Newhalem, Nugents Corner, Point Roberts, Pole & Guide Meridian, Sandy 14 Point/Sandy Point Heights, Smith & Guide Meridian, Sudden Valley, Van Wyck, and 15 Wiser Lake. 16 17 Goal 233: Designate areas of more intensive rural development that 18 existed on July 1, 1990 as Rural Communities. 19 20 Policy 23J-1: Areas designated as Rural Communities shall meet the criteria 21 stated in this chapter and the requirements of RCW 22 36.70A.070(5)(d)(i), which describes limited areas of more 23 intensive rural development consisting of the infill, 24 development, or redevelopment of existing commercial, 25 industrial, residential, or mixed -use areas, including necessary 26 public facilities and public services to serve the limited area. 27 28 Policy 2JJ-2: Boundaries of Rural Communities shall meet the criteria stated 29 in this chapter, and the requirements of RCW 30 36.70A.070(5)(d)(iv), which requires limited areas of more 31 intensive rural development to be clearly identifiable and 32 contained within a logical outer boundary delineated 33 predominately by the built environment as it existed on July 1, 34 1990. 35 36 Policy 2JJ-3: Additional Rural Communities shall not be designated, nor shall 37 boundaries of Rural Communities be changed unless the area of 38 the proposed addition meets the criteria stated in this chapter, 39 and requirements of RCW 36.70A.070(5)(d) . Designated 40 Resource Lands should not be redesignated as Rural 41 Communities. 42 43 Policy 2JJ-4: Within the Rural Communities, encourage adequate economic 44 development to provide current and future residents' 45 employment needs, and provide rural residents places to shop, 46 eat, and access to public services. Whatcom County Comprehensive Plan 2- 100 RM County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 Policy 2JJ-5: Within Rural Communities development or redevelopment in 2 terms of size, scale; use, or intensity shall be consistent with the 3 character of the area on July 1, 1990. 4 5 Policy 2JJ-6: Lands inside Rural Community designation boundaries that are 6 within low -density residential zones (one residence per five 7 acres or less density) or resource zones, or are federally owned, 8 should not be re -zoned to allow more intensive uses and 9 densities. 10 11 Policy 2JJ-7: Land uses within Rural Communities, except for industrial uses, 12 should be principally designed to serve the existing and 13 projected rural population. 14 15 Policy 23J-8: Encourage future public participation activities to develop 16 additional planning goals and policies specific to residents' needs 17 and preferences in individual Rural Communities. 18 19 Rural Tourism 20 21 Whatcom County's scenic rural areas are enjoyed by residents and tourist alike. 22 Small scale recreation or tourist uses that rely on a rural setting provide income 23 opportunities for rural residents and contribute to the local economy. GMA allows 24 counties to designate new Type II LAMIRDs for new small-scale recreation and 25 tourist uses. The Rural Tourism designation limits and contains such uses, which 26 can be more intensive than surrounding rural uses. 27 28 Goal 2KK: Provide opportunities for small-scale recreational or 29 tourist uses in rural areas. 30 31 Policy 2KK-1: Lands designated for Rural Tourism shall meet the criteria 32 stated in this chapter, and the requirements of RCW 33 36.70A.070(5)(d)(ii), which describes limited areas of more 34 intensive rural development consisting of the intensification of 35 development on lots containing, or new development of, small- 36 scale recreational or tourist uses, including commercial facilities 37 to serve those uses, that rely on a rural location and setting, but 38 that do not include new residential development(other than a 39 dwelling unit accessory to the business for use by the owner- 40 manager or caretaker). 41 42 Policy 2KK-2: Designated Resource Lands shall not be redesignated as Rural 43 Tourism. 44 45 46 Whatcom County Comprehensive Plan 2- 101 0• County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Rural Business Many businesses have been established in commercial and industrial zones outside of Rural Community areas. These uses, which are more intensive than those found in surrounding rural areas, provide commercial services and job opportunities for rural residents. The Rural Business designation permits uses to continue while preventing the spread of businesses in sprawl development patterns. GMA allows counties to designate new Type III LAMIRDs for new isolated small- scale businesses. To ensure that these uses remain isolated and do not lead to strip development, criteria for Rural Business designation include spacing requirements from other Rural Business designations as well as Rural Communities. The areas designated Rural Business under Type III guidelines are: Birch Bay- Lynden & I-5, Blue Canyon, Guide Meridian Border Crossing, North Lake Samish & I-5, Slater & Elder, Van Zandt, and Welcome. Goal 2LL: Designate Rural Business areas to limit and contain nonresidential uses. Policy 2LL-1: All lands designated Rural Business shall meet the Rural Business designation criteria stated in this chapter, and the requirements of RCW 36.70A.070(5)(d)(iii), which describes limited areas of more intensive rural development consisting of the intensification of development on lots containing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses. Policy 2LL-2: On lots in a Rural Business area where businesses did not exist on July 1, 2012, the new businesses shall be "small-scale" as described in the development regulations. On lots where businesses existed on July 1, 2012, development regulations should not hold the business to a "small-scale" standard. Policy 2LL-3: Uses in the Rural Business designation need not be principally designed to serve the existing and projected rural population and nonresidential uses, but provide job opportunities for rural residents. Policy 2LL-4: Designated Resource Lands shall not be redesignated as Rural Business. Whatcom County Comprehensive Plan 2- 102 390 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 Rural Neighborhoods 2 3 The GMA does not set a maximum allowed residential density for rural areas. A 4 large majority of the lands designated as Rural are zoned for one residence per five 5 or ten acres, however, a small proportion has been developed under a zoning that 6 allows densities greater than one dwelling per five acres where public water service 7 is available. These areas have their own unique rural character (as compared with 8 the higher densities contained within LAMIRDs) and they serve to provide a needed 9 variety of rural densities. However, it is important to maintain the character of the 10 more traditional rural areas and prevent expansion of these areas of higher rural it densities beyond their traditional limits. 12 13 This plan recognizes the unique qualities of these established Rural Neighborhoods 14 and contains them within boundaries that reflect the extent of these areas in 2011. 15 Unlike the Rural Communities, these areas are not LAMIRDs. 16 17 GOAL 2MM: Designate Rural Neighborhoods to recognize and contain 18 rural areas that have been established with 19 predominantly residential uses with higher densities than 20 surrounding rural areas. 21 22 Policy 2MM-1: Areas zoned for densities greater than one dwelling per five 23 acres shall be contained within Rural Neighborhood boundaries. 24 Rural Neighborhood boundaries shall not be expanded beyond 25 those established in 2012, which were drawn to include areas 26 that were developed at higher rural densities in 2011. 27 28 Policy 2MM-2: In the Whatcom County Code, the Rural and Rural Residential 29 zoning districts may include Rural Residential Density Overlays 30 that may be applied to areas within the Rural Neighborhood 31 designation where higher density rural residential development 32 has already occurred. The overlay should allow for infill 33 development with lot sizes consistent with those of surrounding 34 lots, where public water service is available. The overlay shall 35 limit eligibility of lots based on the percentage of surrounding 36 lots that were developed in 2011, and shall establish a 37 maximum density that may be achieved using the overlay. The 38 Rural Residential Density Overlays shall not be created or 39 expanded outside of Rural Neighborhoods or into areas where 40 higher density rural development has not occurred; such 41 expansion is not consistent with maintaining the traditional 42 character of the surrounding rural areas. 43 44 Policy 2MM-3: Rural Neighborhoods are designated adjacent to Urban Growth 45 Areas only in areas where developed densities exceeded one Whatcom County Comprehensive Plan 2- 103 391 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 dwelling per 2.5 acres in 2011, and there is little potential for 2 efficient urban development in the future. 3 4 Policy 2MM-4: Urban governmental services shall not be extended into a Rural 5 Neighborhood unless such extensions are shown to be necessary 6 to protect basic public health and safety and the environment, 7 and when such services are financially supportable at rural 8 densities and do not permit urban development. 9 10 Urban Growth Area Reserves 11 12 The Whatcom County Comprehensive Plan Land Use Map includes the designation 13 of Urban Growth Area Reserves. Urban Growth Area Reserves means a land use 14 designation that may be applied to those areas which are adjacent and contiguous 15 to either incorporated or unincorporated Urban Growth Areas which appear to be 16 suitable for future inclusion in the respective Urban Growth Area. The purpose of 17 the Urban Growth Area Reserve varies by urban area. Expansion of urban growth 18 into the Reserve area may occur if criteria are met. 19 20 Upon establishing an Urban Growth Area Reserve, Whatcom County will establish 21 land use controls intended to reserve the area for future urban densities and 22 development by limiting the potential of the properties to be developed with 23 incompatible uses, densities, or public facilities which would interfere with the likely 24 expansion of urban development in the future. Properties in these areas should 25 generally have land use designations of no more than one unit per ten acres, and 26 uses such as agriculture, forestry, conservation, and low density residential 27 development, may be encouraged provided that the continuation of such uses may 28 not be a basis for preventing future expansion of the Urban Growth Area to the 29 Urban Growth Area Reserve. 30 31 General criteria for transferring properties from the Urban Growth Area Reserve to 32 the Urban Growth Area are set forth below: 33 34 1. Need for Land Capacity. The need for additional land is necessary to 35 accommodate projected urban growth, as documented in a land capacity 36 analysis. 37 eapaeity than analyz A transfer from Urban Growth Area Reserve to Urban 38 Growth Area will not be allowed which would provide capacity to 39 accommodate substantially more than 20 years of urban growth. Additional 40 consideration can be made regarding the mix of housing and employment 41 opportunities that are required to serve the Urban Growth Area which could 42 be accommodated in the Urban Growth Area Reserve and which cannot be 43 accommodated within the Urban Growth Area. 44 45 2. Adequate Public Facilities and Services. There are plans and capacity to serve 46 the areas with urban governmental services as set forth in the Growth Whatcom County Comprehensive Plan 2- 104 392 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 Management Act. There is no requirement to extend these services prior to 2 transferring the area from Urban Growth Area Reserve to Urban Growth 3 Area, but the Capital Facility Plans must document the capacity and plans to 4 serve at urban levels of service within the 20-year planning period. 5 6 3. Land Use Plans. The respective city, or county for unincorporated Urban 7 Growth Areas, has ahave comprehensive plans and land use regulations in 8 place to allow for the transition from Urban Growth Area Reserve to Urban 9 Growth Area. The respective jurisdiction will also have in place development 10 regulations that ensure urban densities are achieved within the existing 11 Urban Growth Area. Urban Growth Area Reserves should be jointly planned 12 between Whatcom County and the respective city. 13 14 4. Natural Resource Lands. Expansion into the Urban Growth Area Reserve will 15 not allow uses that are incompatible with adjoining natural resource lands 16 unless mitigated through buffers, increased setbacks or other measures as 17 necessary to maintain the productivity of the adjacent resource lands. If the 18 expansion is into lands zoned Agricultural, the city and county shall have an 19 interlocal agreement or regulations in place that implement a program that 20 outlines the respective roles in protecting at least 100,000 acres of 21 agricultural land in Whatcom County. 22 23 5. Environment. Land use regulations are in place to ensure protection of the 24 environment and sensitive watersheds. 25 26 6. Open Space Corridors. Continued provisions are made for open space 27 corridors within and between Urban Growth Areas where not otherwise 28 precluded by previous development patterns. 29 30 Below are issues, established by urban area that must be addressed in order to 31 authorize areas to be re -designated from Urban Growth Area Reserve to Urban 32 Growth Area. 33 34 Bellingham Urban Area 35 36 I The south Yew St. and the south Caitac areas have been designatedas Urban 37 Growth Area Reserves. Prior to re -designating the south Yew St. area to UGA, need 38 for additional land capacity must be demonstrated, planning for adequate public 39 facilities and services must be completed, and potential impacts on Lake Padden 40 water quality must be addressed. Prior to re -designating the south Caitac area to 41 UGA, need for additional land capacity must be demonstrated and planning for 42 1 adequate public facilities and services must be completed. 43 44 Whatcom County Comprehensive Plan 2- 105 393 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use NN -- - A _ _ . :. _ - _ : Reason for change: The City of Bellingham recommended retaining the south Yew St. area in the UGA Reserve and adding the south Caitac area into the UGA Reserve. Birch Bay Urban Area An area bisected by Blaine Rd., generally north of Arnie Rd., has been designated as Urban Growth Area Reserve. Prior to re -designating this area to UGA, need for additional land capacity and planning for adequate public facilities and services must be demonstrated. The area currently zoned R10A west of Blaine Rd. should maintain a density of one dwelling/10 acres in recognition of the wetlands and floodplain in this area Reason for change: The growth forecast can be accommodated in the existing UGA without expansion into the UGA Reserve at this time. The text above provides guidance relating to any future proposals to expand the UGA into the UGA Reserve. Blaine Urban Area There are no areas proposed for Urban Growth Area Reserve adjacent to the Blaine Urban Growth Area. Cherry Point Urban Area There are no areas proposed for Urban Growth Area Reserve adjacent to the Cherry Point Industrial Urban Growth Area. Columbia Valley Urban Area Whatcom County Comprehensive Plan 2- 106 00V County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 An area on the west side of the UGA has been placed into an Urban Growth Area 2 Reserve. This area is within lands designated as geologically hazardous, and 3 suitability for urban development has not yet been demonstrated. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Everson Urban Area Land to the north of Everson along Trap Line Road is designated as Urban Growth Area Reserves. This area was previously designated as agricultural lands of long- term commercial significance. The Everson UGA has been reduced in other areas and those lands were put into agricultural lands of long-term commercial significance, thus not causing a reduction in the resource land designations in the LJ Urban r`r..wth Ar L1 �-1 Fye a-hr` ueh the Everson area. rr6 's "' ea-r.�.s�roz-�r-rrv-aarrzrr�eim" . The Urban Growth Area Reserve should be jointly planned with the city and county in conjunction with Urban Growth Area plans. Reason for change: The 100,000 acre goal is already addressed in the general criteria for transferring properties from the Urban Growth Area Reserve to the Urban Growth Area. 23 24 Ferndale Urban Area 25 26 Lands in the vicinity of Enterprise Rd. and Slate —Rd. have been designated as 27 Urban Growth Area Reserves for future employment growth at the request of the 28 City of Ferndale. A portion of the Enterprise UGA Reserve on the northeastwest side 29 of the Ferndale Urban Growth Areas is within the Drayton Harbor Watershed. The 30 City may utilize this area as a corridor to provide utilities to the Grandview area. 31 , is 32 adjaeent te and abuts the Bellingham an. censultation with the City ef 33 Bellingham will be required befeFe this aFea is designated as FeFndale YGA. BetIVI 34 tThe Enterprise and Slater -Urban Growth Area Reserves includes existing rural and 35 residential uses that must be considered when developing land use plans Fer these 36 areas. Lands in the Vista/Brown, Thornton, Mtn. View and Douglas Rd. areas have 37 been designated as Urban Growth Area Reserves for future residential growth. 38 These Reserves are logical areas for the city to grow and should be jointly planned 39 with the city and county in conjunction with Urban Growth Area plans. 40 41 Lynden Urban Area 42 43 There are no areas proposed for Urban Growth Area Reserve adjacent to the 44 Lynden Urban Growth Area. 45 Whatcom County Comprehensive Plan 2- 107 395 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use AK WA Reason for change: The City of Lynden has proposed re -designating the UGA Reserve to UGA. Nooksack Urban Area An area east of the Sumas River and south of Breckenridge Creek has been designated as an Urban Growth Area Reserve. This area is currently used primarily for agricultural uses, and includes lands that may be flooded and exposed to Naturally Occurring Asbestos (NOA) from a natural landslide adjacent to Swift Creek. Heldina this aFea in an Urban Growth Area Reserve will allew the eever-tunitv This area will be kept in reserve status until the County has determined that development will not expose future residents and employees to unacceptable risk from naturally occurring asbestos. The Urban Growth Area Reserve should be jointly planned with the city and county in conjunction with Urban Growth Area plans. Reason for change: The 100,000 acre goal is already addressed in the general criteria for transferring properties from the Urban Growth Area Reserve to the Urban Growth Area. 38 39 Sumas Urban Area 40 41 Growth of Sumas is constrained by agricultural lands. Lands in agricultural use on 42 the south end of Sumas along Hovel Road have been designated as an Urban 43 Growth Area Reserve. While there is sufficient land within the city to accommodate 44 projected growth, there is little surplus, and growth outward may become 45 necessary. This area will be kept in reserve status until the County has determined Whatcom County Comprehensive Plan 396 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use that development will not expose future residents and employees to unacceptable risk from naturally occurring asbestos. The Urban Growth Area Reserve should be jointly planned with the city and county in conjunction with Urban Growth Area plans. Special Study Areas Whatcom County Comprehensive Plan 2- 109 397 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use : :- : - - . - • - :: - : •MM -- - - • : - : • ::: : - : G 41 . - . . I : W..16 w 10- - 15 " 111,11 - • - - - - 19 r : - r - - • s : - " " : • : - G : " • - - - - : " 611 • YANEW: I - - S 25 • • • : - 27 • - - • : 30 31 32 33 35 C G • 0 : • : r G :: • " : " • : . . . • : • 37 : • - • - • • • . . • . . wil • : C : r - - : - I _ 42 . :•........ "" -- I- .• - - G ::: I • :•-. "" • Whatcom County Comprehensive Plan 2- 110 RM 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use - : - - - r :.. . _MUNIM&WARNEIR a.- ....... _ _ MOR ■ 1 . _ IOWIWM�Ilk% NIVAIWA Whatcom County Comprehensive Plan 2- 111 399 1 2 3 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use -rNM . � �„i • , : : ' : __ :. : : • _fir � 191Kl.�11► _ _ . Reason for change: The Lake Whatcom text, goals and policies have been modified and moved to Chapter 11. Sudden Valley goals and policies are included below. Sudden Valley Sudden Vallev was established in the earlv 1970s as a recreation/resort area located on the shore of Lake Whatcom, entirely within the Lake Whatcom Watershed. Over the last thirty years it has developed into a semi -urban residential area. Sudden Valley is organized as a homeowners association which maintains and operates common facilities and land. Despite its recreational beginnings, this unincorporated area is now composed primarily of permanent residents —numbering approximately 7000—with some recreational units and second homes as well. Water and sewer are provided by the Lake Whatcom Water and Sewer District. Public transit service is provided by the Whatcom Transportation Authority (WTA). Natural gas is available only to limited portions of Sudden Valley. Security is provided by a very small, private, contracted force and the Sheriff's Department. There is a small commercial area surrounded by Sudden Valley, and an immediately neighboring station of the South Whatcom Fire Authority. The area includes Lake Whatcom shoreline with lake access as well as wetlands, natural preserves, and land that will remain forever undeveloped. Of its 1,545 acres, 835 acres - over half - are permanent open space with established parks, trails, and recreational areas, with an additional 140 acres of golf course. Whatcom County Comprehensive Plan 2- 112 M County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 1 Sudden Vallev lies within the Lake Whatcom Watershed where limitina development 2 has been identified as desirable. As a result, Sudden Valley is not a candidate for 3 incorporation or UGA status. However, because Sudden Valley represents a sizable 4 population, the Sudden Valley Community Association (SVCA) is a recognized 5 participant in County and Lake Whatcom planning. 6 7 8 Goal 2NN: Recognize Sudden Valley as a Rural Community (Type_1 9 LAMIRD) with unique challenges that require active 10 participation in the planning process. 11 Policy 2NN-1: Liaison with SVCA on issues of mutual concern in Sudden Valley. 12 Policy 2NN-2: Facilitate meeting the unique needs of Sudden Valley due to its 13 location within the Lake Whatcom Watershed. 14 15 Policy 2NN-3: Recognize the existing parcelization and the commitment for 16 development of the remaining multi -family parcels in Sudden 17 Valley. 18 19 Policy 2NN-4: Work with the Community Association towards voluntary density 20 reduction of additional lots within Sudden Valley. 21 22 Policy 2NN-5: If vacant lots in the Lake Whatcom watershed come available 23 due to a tax foreclosure the County may acquire them, remove 24 the developments rights and then place them back on the 25 market through the public auction process to recover any 26 residual value. 27 28 Policy 2NN-6: Support Lake Whatcom Water and Sewer District's effort to 29 maintain adequate sewer capacity and control stormwater run- 30 off in keeping with appropriate environmental controls and the 31 Sudden Valley Community Association's density reduction goal. 32 33 Policy 2NN-7: Work with all parties to maintain, and appropriately plan for 34 infrastructure, public services, and stormwater retention so that 35 Sudden Valley can develop to its appropriate -potential. 36 37 38 Private Parcels Surrounded by National Park or National Forest 39 40 There are a number of private parcels in Whatcom County which are completely 41 surrounded by National Forest and National Park land. Some of these have houses 42 built on them, primarily for seasonal use, but most represent mining patents and 43 are used, or have been used, only for mining. The majority of these parcels are Whatcom County Comprehensive Plan 2- 113 401 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use located in the Mt. Baker area or the Slate Creek area near the eastern border of the county with their access primarily by Forest Service roads. w.;- .: - - Reason for change: Interim zoning was replaced with the new Title 20 zoning for these areas in 1999. Goal:2®ONW: Continue to recognize private parcels surrounded by National Park or National Forest as part of Whatcom County's jurisdiction. Policy 200Pd-Pd-1: Increase the potential for land exchanges, and other voluntary mechanisms, in order to reduce the checkerboard ownership and jurisdictional patterns within eastern Whatcom County. Subdivisions on the Lummi Reservation There are over 2,000at leas ' t t , parcels on the Lummi Reservation, many of which are owned by non -Indians. As Federal policy has changed and tribal lands have been allowed to be removed from trust to fee status, state and county regulations have become applicable. The County has made efforts to work closely with local tribes on land use directions. The requirements of the Growth Management Act cannot be applicable to reservation trust lands, even when a checkerboard pattern has developed. It is the full intent of this County, when possible, to continue working cooperatively with area tribes on land use, watershed planning, utility planning and the coordinated water system plan. Most platted areas have sewer, which is provided by the Lummi Sewer District. Goal 2PP: Seek resolutions that satisfy the requirements of Growth Management, the needs of the non -tribal residents and the goals of the Lummi Nation. Policy 2PP-1: Work with the residents and the Lummi Nation to establish adequate water and sewer for the existing platted lots. Policy 2PP-2: Whatcom County will administer land use policy on fee lands and prohibit discriminatory land use practices. Whatcom County Comprehensive Plan 2- 114 402 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 County Council Preliminary Draft June 21, 2016 Comprehensive Plan Designations Map ter 2 - Land Use The Comprehensive Plan designations map (Map 22 18) is intended to provides direction for future land use decisions in Whatcom County. It is officially adopted as part of this document. Because of the scale of the map, specific boundaries are identified on maps in the County Planning and Development Services office. These descriptors are intended to be general in nature. More specific criteria and explanation may be incorporated into comprehensive plan chapters or subarea plans. Title: Urban Growth Areas Purpose: To denote where future urban growth may occur. Definition: Areas characterized by urban growth that have adequate existing public facility and service capacities; areas characterized by urban growth that can be served adequately by a combination of both existing public facilities and any additional public facilities and services that are provided by either public or private sources; and lands adjacent to areas characterized by urban growth. Locational Criteria: First urban growth may be located on lands characterized by urban growth that have adequate existing public facility and service capacities; next urban growth may be located on lands characterized by urban growth that can be served adequately by a combination of both existing public facilities and services and any additional public facilities and services that are provided by either public or private sources; and finally urban growth may be located on lands adjacent to areas characterized by urban growth. Title: Urban Growth Area Reserve Purpose: To denote lands which appear to be suitable for future inclusion in an adjacent and contiguous Urban Growth Area when the need arises and adequate public facilities and services can be provided, and other issues identified in the comprehensive plan are addressed. Definition: Areas that are not yet suited for urban growth but are logical areas in which the urban area would likely grow beyond current growth allocations after being properly designated as an Urban Growth Area. Whatcom County Comprehensive Plan 2- 115 403 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Locational Criteria: Areas adjacent and contiguous to Urban Growth Areas in which urban development would likely occur beyond current growth allocations. Title: Major Industrial Area / Port Industrial - Urban Growth Areas Purpose: To reserve appropriate areas to attract heavy industrial manufacturing uses and provide employment opportunities while minimizing land use conflicts and off -site impacts. Definition: Land area for large-scale heavy industry that has a high impact on the surrounding neighborhood and environment. Locational Criteria: Industry should be located in areas adequate for its use away from residential centers, but within reasonable commuting distance; near transportation facilities and services. Title: Master Planned Resort Purpose: To recognize and contain resort areas that existed on July 1, 1990, or permit new master planned resort areas that depend on a setting of significant natural amenities. Definition: Historic or new resorts -ate development that is self- contained and fully integrated, in a setting of significant natural amenities, with primary focus on destination resort facilities consisting of short-term visitor accommodations associated with a range of developed on -site indoor or outdoor recreational facilities. Reason for change: Planned unit developments are only allowed within UGAs (WCC 20.85.020), and not within Rural areas. Locational Criteria: Resorts may be located in urban or rural areas within a setting of significant natural amenities. Title: Rural Community (Type I LAMIRD) Purpose: To recognize rural development consisting of the infill, development, or redevelopment of commercial, industrial, residential, or mixed uses areas that existed on July 1, 1990 and limit and contain more intensive rural land uses within logical outer boundaries. Whatcom County Comprehensive Plan 2- 116 M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Policies on the definition and locational criteria for Rural Communities are found under Goals 2HH and 2JJ in this chapter. Title: Rural Tourism (Type II LAMIRD) Purpose: To recognize small-scale recreational or tourist uses in rural areas, and to limit and contain more intensive rural development on those lots. Policies on the definition and locational criteria for Rural Tourism designations are found under Goals 2HH and 2KK in this chapter. Title: Rural Business (Type III LAMIRD) Purpose: To recognize development on lots containing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses, to limit and contain more intensive development on those lots. Title: Policies on the definition and locational criteria for Rural Business designations are found under Goals 2HH and 2LL in this chapter. Rural Neighborhood Purpose: To recognize and contain rural areas that have been established with predominantly residential uses with higher densities than surrounding rural areas. Title: Policies on the definition and locational criteria for Rural Neighborhood designations are found under Goal 2MM in this chapter. Rural Purpose: To provide opportunity for a variety of low -density residential development including cluster development with the flexibility to practice farming or forestry, or operate a home occupation or cottage industry; to retain a sense of community. Also to encourage agriculture and forestry activities through the use of incentives. Policies on the definition and locational criteria for Rural designations are found under Goal 2GG in this chapter. Whatcom County Comprehensive Plan 2- 117 405 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Title: Agriculture - Resource Lands Purpose: To recognize and promote agriculture in Whatcom County and protect prime agricultural soils and productive agricultural lands from conversion to other uses. To prevent conflicts between residential and agricultural uses. Definition: Commercial agriculture lands generally located on parcels 40 acres or larger, with one dwelling unit per 40 acres or legal lot of record allowed. Reason for Change: The Agriculture designationhas lots that are smaller than 40 acres. The zoning generally allows a house on an existing legal lot of record. Locational Criteria: Agriculture designation criteria are set forth in Chapter 8, Resource Lands. Title: Rural Forestry - Resource Lands Purpose: To provide flexibility in use, enabling the landowner to live on the land and practice forestry and forestry -related industry. Definition: Lands used primarily for growing trees with some low -density residential development. Locational Criteria: Rural Forestry designation criteria _a_reset forth in Chapter 8 Resource• - -�an� aeeessedbypFivatereads built - • : Geunty pFepeqy : - -in tax defen=ed Title: Commercial Forestry - Resource Lands Purpose: To provide land base for commercial forestry activities and provide predictability of future land use to forest land owners. Definition: Land primarily devoted to commercial timber production. Locational Criteria: Commercial Forestry designationcriteria are set forth in Chapter Resource • • long terng --rss�!trnnsr+�rir_r _ ems eengmereia tirnbeF pFeduetien;: - - :. - "Tf larger n size; land in tax defer -red stati Whatcom County Comprehensive Plan 2- 118 M County Council Preliminary Draft June 21, 2016 Title: Mineral Resource Lands - Resource Lands 2 - Land Use Purpose: To ensure a long-term supply of mineral resources and provide predictability in land use. Definition: Lands of long-term commercial significance for the extraction of minerals. ocational Criteria: MRL designation criteria are set forth in Chapter 8, Resource Lands.Preven n9ineFal resources- tLeFffi cemme -- density FUFal areas, desi ated ... ultural lands geneFally with Non PFime Fai=mlandd hen deffienStFated te be higheF value as a mineral FeseuFee than:r-eseuin Title: Public Recreation Purpose: To provide the public with open space and recreational opportunities; to protect conservation areas. Definition: Areas with unique scenic or recreational amenities. Locational Criteria: Parcels owned or managed by public or private agencies for recreational or conservation use. 0: . : 9- r j .. ` C R wl+J�•L �rLLi ` Reason for Change: There is no designation on the Whatcom County Comprehensive Plan map called "Special Study Areas." 36 37 Open Space 38 1 39 Introduction 40 41 Cascade peaks, forested mountains, the Nooksack drainage, farmlands, riparian 42 corridors, lakes, shorelines and islands contain the natural beauty and character of 43 Whatcom County's landscape. This setting contributes greatly to the quality of life 44 enjoyed by county residents who value its elements of environmental quality, 45 scenic beauty and recreational opportunities. Whether thought of as broadly as a Whatcom County Comprehensive Plan 2- 119 407 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 mountain range and the marine waters of the Strait of Georgia, or as narrowly as a 2 1 small corridor between two buildings in a Ssmall Ttown, open spaces are essential 3 components to the health and well-being of individuals and communities. Purpose This section, in keeping with the Growth Management Act, serves to identify and designate open spaces and open space corridors, and encourage their retention. 10 Process 11 12 staff. 13 'r-mmmitte_ have alFeady defined and 14 identifierI ttHinaper-tant natural areas, open spa 15 and e0ffideFs, and seenie andu nuat oul eseurce lands. Many ef these lands are 16 inc neer-eatien pen Spa-ce 17 18 '-s 19 general epen space system. Staff Feviewed and incorporated existing pelieies and 20 21 plans, , C-Fiteria and Public 22 , 23 exeeFpted when eensistent with the GMA and taileFed to iinfleermatien gathered 24 threugh the Visioning Preeess-.--The- first draft was ..V,.-..ed by the 25 GeeFdinating Gengn9ittee fer censistency with etheF elements %„f the .draft W4.-,teern 26 Geunty Gen9prelhensive Klan .„d .drafte 27 28 GMA Requirements 29 30 The GMA requires Whatcom County to designate the general location of open space 31 lands, and to "encourage the retention of open space and development of 32 recreational opportunities, conserve fish and wildlife habitat, increase access to 33 natural resource lands and water, and develop parks" (GMA Planning Goal, RCW 34 ( 36.70A.020 (9)). Map 2--29 shows the distribution of lands currently enrolled under 35 Whatcom County's open space taxation program (see below). 36 37 The act also has a requirement to identify open space corridors within and between 38 urban growth areas to include "...lands useful for recreation, wildlife habitat, trails, 39 and connection of critical areas..." (RCW 36.70A.160). This law authorizes the 40 public purchase of such corridors. 41 42 Map 2-344 shows proposed Open Space Corridors for Whatcom County. 43 44 Open Spaee Background Summary 45 Whatcom County Comprehensive Plan 2- 120 M County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Whatcom County contains many public open space lands such as county and state parks and state and national forest lands. Whatcom County stewards over 15,000 acres of parkland.Whateem County Parks and Recreation Department maintains acres.park sites totaling ever 4,090 The Washington State Parks Department stewardsepeFates more than 2,400870$8 acres of state parks. The WashingtoR State stewards over 88,00090--G acres of statte F-"es} land in Whatcom County, including two Natural Resource Conservation Areas. These forest lands are generally open to the public for recreational uses, except for seasonal and some special use restrictions. The US Forest Service and the North Cascades National Park manage over 800,000 acres of land in the eastern portion of the county for timber, recreation, wildlife habitat, fisheries production, and wilderness. 14 Under the provisions of the Open Space Taxation Act (RCW 84.34), Whatcom 15 1 County may classifyw+ as "Open Space" farms, forests, and beneficial 16 open lands upon request by individual land owners when such lands meet adopted 17 criteria and policies. These adopted policies are contained in the policies established 18 in this section. A Public Benefit Rating System that implements the policies rates 19 each application under consideration. 20 21 Properties which qualify under the county's Open Space program are granted partial 22 relief from property taxes in exchange for maintaining their land in open space use 23 as defined by state law and county policies. Some open space categories require 24 that a landowner provide public access provisions to the property while other 25 categories do not have this requirement. According to latest Assessor's information, 26 1119,907" acres were classified under the County's open space program in 27 20142002, 94%95% of which were classified as Open Space Agriculture. Most of 28 the forested areas in Whatcom County, however, are classified as forest lands 29 under RCW 84.33. This law phased out the ad valorem system for taxing timber 30 land. This act was meant to encourage forestry and reforesting of forests for the 31 continued enjoyment of present and future generations. See Map 2-29 for the 32 location of these areas. 34 With the existence of these areas, it rmay Lbeh d frieye -'CFe-is-rin-a-d�� 35 need -fog aer� �p ,-an estimated 125,000 36 acres are available near population eenteFs. For privately held open space lands, 37 there can be strong pressures to convert resource lands and rural areas to more 38 urban environments. Additionally, while Whatcom County has more than 130 miles 39 of saltwater shoreline, only about 6% is currently in public ownership and freely 40 accessible to the public. With the county projecting a growing population and 41 expanding development, the opportunity for additional public access is reduced 42 almost every day. r�ai� y-Hebert 43--t-hec-®VI"ateo„ G'oao�l�isiertir�g-Ge-n ttee"I-U. �'-�=tee AA ram,.-.„ r,d-If]r•l,r., .-.. ri 4-L, ., h ...-+•-, r,+- Facing 44 A'Fese -e" as,�- pest Isaac air, � 45 46 Whatcom County Comprehensive Plan 2- 121 e County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 Issues, Goals, and Policies 2 3 Open Space Areas 4 Whatcom County residents consider open space and the conservation of farm and 5 timber land to be essential to the quality of life in Whatcom County. As urban 6 growth pressures increase, open space, farms, forests, and shorelines are becoming 7 more valuable to the residents of the county. Loss of open space is perceived by 8 the people of Whatcom County as an adverse impact to the quality of life. 9 10 Goal 2QQ: Conserve or enhance important natural, cultural, and 11 scenic resources. 12 13 Policy 2QQ-1: Protect and encourage voluntary restoration of streams, stream 14 corridors, wetlands, natural shorelines, fish habitat and aquifers 15 through education and incentive programs. For willing 16 landowners, purchase property or acquire easements for 17 riparian and channel migration zone areas to protect habitat of 18 threatened and endangered species. 19 20 Policy 2QQ-2: Protect soil resources. 21 22 Policy 2QQ-3: Protect unique or critical wildlife and native plant habitat. 23 24 Policy 2QQ-4: Promote conservation principles by example or by offering 25 educational opportunities. 26 27 Policy 2QQ-5: Enhance the values of abutting or neighboring parks, forests, 28 wildlife preserves, nature reservations or sanctuaries or other 29 open space lands. 30 31 Policy 2QQ-6: Enhance recreation opportunities. 32 33 Policy 2QQ-7: Preserve scenic vistas, historic, and archaeological sites. 34 35 Open Space Corridors 36 37 Retaining open spaces between and within cities and small population centers 38 contributes to the high quality of life in Whatcom County. The need for jurisdictions 39 to coordinate in designating Open Space Corridors in order to preserve the quality 40 of life desired by residents, provide connector trails and public access, protect 41 wildlife habitat, and ensure areas for recreation becomes greater as the population 42 of the county continues to grow and urban areas continue to expand. 43 44 Goal2RR: Identify and protect open space corridors within and 45 between urban growth areas. These corridors should 46 include trails and other lands useful for recreation, while Whatcom County Comprehensive Plan 2- 122 410 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 emphasizing wildlife habitat, and connection of critical 2 areas, where feasible. 3 4 Policy 2RR-1: Identify marine, riverine, and other riparian corridors as 5 essential elements of open space corridors. 6 7 Policy 2RR-2: Identify contiguous forested landscapes as essential elements of 8 open space corridors. 9 10 Policy 2RR-3: Identify tidelands and floodplains as essential elements of open 11 space corridors. 12 13 Policy 2RR-4: Identify estuaries, lakes, and rivers as naturally occurring open 14 space corridors. 15 16 Policy 2RR-5: Plan greenway corridors within urban growth areas. Ensure 17 development is consistent with these corridors through the 18 permit process and incentive programs. 19 20 Policy 2RR-6: Include common open space in which pedestrian and bicycle 21 pathways may be integrated in new developments. 22 23 Goal 2SS: Promote coordination among the county, cities, Port of 24 Bellingham, and other appropriate jurisdictions in order 25 to protect linked greenbelts, parks, and open spaces. 26 27 Policy 2SS-1: Encourage all jurisdictions to provide adequate neighborhood 28 parks and play areas within safe walking and bicycling distances 29 of residential neighborhoods. 30 31 Policy 2SS-2: Link county open space corridors with those of adjacent 32 jurisdictions where viable. 33 34 Policy 2SS-3: Encourage separation of urban growth areas through planning, 35 development regulations, open space purchase, conservation 36 easements, and other appropriate mechanisms. 37 38 Encouraging Open Space Conservation 39 40 A variety of methods act to encourage the retention of open space. These range 41 from regulatory restrictions to incentives and to public purchase. It has been the 42 policy of Whatcom County to create an equitable tax climate for the landowner 43 willing to maintain land as open space, through the use of the Open Space Taxation 44 Act. While the Growth Management Act authorizes the purchase of open space 45 corridors, in many cases incentive -based measures may be more flexible, 46 productive, and desirable. Whatcom County Comprehensive Plan 2- 123 411 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 Public and private conservation organizations such as the Nature Conservancy, the 2 Trust for Public Land, and the Whatcom Land Trust serve important functions such 3 as assisting in negotiating with property owners, providing funding sources, and 4 accepting conservation easements and land donations. Often such organizations 5 can act quickly to provide interim preservation during the time period necessary for 6 government action to occur. 7 8 Finally, protection of private property rights ishas been identified thi=eugh the 9 Visiening Process as an important issue for Whatcom County residents that needs 10 to be expressed in public policy concerning open space. 11 12 Goal 2TT: Ensure equity between the public benefit and the private 13 burden while encouraging open space retention. 14 15 Policy 2TT-1: Retain valuable agriculture and forestry lands by enrollment in 16 Whatcom County's open space taxation program. 17 18 Policy 2TT-2: Recognize that some parcels in the open space taxation 19 program, while key components of the open space system, may 20 not be open to the public. 21 22 Policy 2TT-3: Support the conservation of fish and wildlife habitat through 23 enrollment in Whatcom County's open space taxation program. 24 25 Policy 2TT-4: Support the retention of open space and open space corridors 26 through the use of education and incentives, such as purchase 27 or transfer of development rights, density bonuses within UGAs, 28 cluster development, and acquisition of easements. 29 30 ( Policy 2TT-5: Avoid inflexibi Aug_ment land use regulations by engaging in a 31 proactive program of public investment, landowner incentives, 32 and other actions aimed at preserving open space. 33 34 Policy 2TT-6: Improve public access to shorelines and other lands using such 35 mechanisms as purchase or transfer of development rights, 36 density bonuses within UGAs, and open space tax status. 37 38 Policy 2TT-7: Utilize the Conservation Oppertunity MatFix developed by the 39 Task a,= -evaluating 40 Evaluate _conservation opportunities, comparing conservation 41 alternatives, and developing a list of priority sites. 42 43 Policy 2TT-8: Make expenditures for public purposes, such as open space, 44 parks or greenbelts, with existing public funds and other sources 45 as appropriate. New local taxes for these purposes should be 46 imposed only upon the vote of the people. Whatcom County Comprehensive Plan 2- 124 412 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Policy 2TT-9: Support the conservation of unique environmental features through the creative use of cluster subdivisions. Policy 2TT-10: Support the incorporation of stream greenbelts into subdivision design as common open space and provide incentives for stream buffers greater than those legally required. Policy 2TT-11: Support the important role of public and private conservation organizations. Policy 2TT-12: Support public and private land trusts in acquiring conservation easements that provide open space attributes, consistent with the intents of property owners. Policy 2TT-13: Review the goals of Preserving a Way of Life: A Natural Heritage Plan for Whatcom County, a-s-endorsed by the Whatcom County Council in 1991 and continue to implement those goals which are appropriate, beneficial, consistent with this plan, and within the County's fiscal capabilities. Policy 2TT-14: Consider an update to Whatcom County 0 n Space Policies and Criteria and Public Benefit Rating System (as amended in 1995 under Ord. No. 1995-040) to further incentivize voluntary fish and wildlife habitat enhancement and protection on private owned lands and shorelines. Open Space Corridors Map The Open Space Corridors Map (2-310) indicates both areas of interest for acquisition or easements to implement the open space objectives and other areas which will remain private but because of their nature serve as visual or wildlife corridors. This does not imply that all sites will be acquired, nor have their development potential reduced. Property owners may or may not have been contacted regarding otential public access. Essential Public Facilities Introduction Essential public facilities are those facilities that are ''typically difficult to site, such as airports, state education facilities and 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-' (RCW 36.70A.200, Siting of essential public facilities). Whatcom County Comprehensive Plan 2- 125 413 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use The county has also designated telecommunication towers, water treatment plants, sewer treatment plants, and water storage facilities as essential public facilities. Reason for change: Regional transit authority facilities as defined in RCW 81.112 were added to the Fist of essential public facilities by the State legislature in 2010 (Senate Bill 6279). However, regional transit authorities may only be established in two or more contiguous counties each having a population of 400,000 or more (RCW 81112.030). Therefore, this change to the state statute does not apply to Whatcom County. Instead of adding regional transit authority facilities to the list above, the quotes will simply be removed. Purpose This section of the Land Use chapter outlines a r-ecernmended—process for identifying essential public facilities, defining locational criteria for such facilities, selecting sites for them, and establishing an appeal mechanism as required by the RCW. The process emphasizes avoidance of process duplication, considers the long- and short-term impacts of such siting, provides for effective public review and participation, and stresses compatibility with neighboring land uses. Process This section was prepared with consideration of information and procedures adopted by other jurisdictions. An Essential Public Facilities Advisory Committee composed of citizen, business, health care and government representatives met in 2001-2002 and recommended modifications to this chapter to refine the process for siting essential public facilities. The original essential public facilities ordinance was adopted in 2004 and has since been amended. The pFecess adapted feF use by selectien process at the state level. GMA Goals; and County -Wide Planning Policies and Visk Gemmunity Value Statements The GMA goal of encouraging citizen participation and coordination is served by this section. This section has been prepared to satisfy that goal while also meeting the intent of the County -Wide Planning Policies (CWPPs)_ and the geneFal guidelines e the Visiening Gengn9unity Value Statements. The CWPPs require identification of appropriate land for public facilities, a cooperative and structured process to consider siting of essential public facilities of a regional; or state-wide nature. Adoption of this section and implementation of its goals and policies satisfies Growth Management goals, Visioning Gengmunity Value Statengents, and County -Wide Planning Policies. Whatcom County Comprehensive Plan 2- 126 414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use GMA Requirements RCW 36.70A.200 requires that each county include a process for identifying and siting essential public facilities. The RCW defines essential public facilities as those facilities that are typically difficult to site, such as airports, state education facilities, and state or regional transportation facilities, state and local correction facilities, solid waste handling facilities, and in -patient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities for sex offenders. Additionally, the county has designated telecommunication towers, water treatment plants, sewer treatment plants, and water storage facilities as essential public facilities. This section meets the requirements of the Growth Management Act. Background Summary Essential public facilities include those facilities considered difficult to site because of potential adverse effects related to size, bulk, hazardous characteristics, noise, or public health and safety. The Growth Management Act (RCW 36.70A.200) and the Washington Administrative Code (WAC 365-195-550848) indicate that essential public facilities: • Are typically difficult to site; • Provides a public serviceServe a public need, including a local serviceneed; and • Are provided, substantially funded or contracted for by government or subject to public service obligations. County -Wide Planning Policies (CWPP) stipulate that the county and cities must identify appropriate land for public facilities meeting the needs of the community. Adopted CWPPs require the county and cities to develop a cooperative and structured process, including public involvement at an early stage, to consider siting of public facilities of a regional; or state-wide, er fewer ^' nature. Any new facilities or major expansions of existing facilities must conform to these local siting procedures. Reason for change: County -wide Planning Policy K-2 references regional and state- wide facilities, but not federal facilities. The CWPPs also address the desirability of shared rights -of -way when not in conflict with wildlife, technical, or public health and safety concerns. Whatcom County Comprehensive Plan 2- 127 415 County Council Preliminary Draft June 21, 2016 Issues, Goals, and Policies Siting Essential Public Facilities Chapter 2 - Land Use Essential public facility siting may not be prohibited by any local plan or regulation; the Growth Management Act, however, empowers local government to determine those plans, policies, and regulations that are most appropriate to county communities. An equitable distribution of public facilities is important to avoid an unfair concentration of any such facilities within the county. A well-defined appeal process must be part of any siting process. Some essential public facilities, federal facilities for example, must meet multiple levels of siting and permitting approval; coordination is important to avoid unnecessary and costly delays brought about by redundant processes. Goal 2UU: Utilize the established process for siting essential public facilities. Policy 2UU-1: Adhere to the process for essential public facility site selection as outlined in the comprehensive plan and zoning ordinance. This process is summarized as follows: • An applicant for an essential public facility should consult with the Whatcom County Planning & Development Services Department very early in the process of developing a proposal to determine the siting criteria and County permit requirements for the proposed facility. • Essential public facilities that are allowed as a permitted use are processed administratively by the Planning & Development Services Department. • Essential public facilities that require a conditional use permit require a public hearing before the hearing examiner. Netiee in the newspapeF, netiee pested en the ef the subjeet site must be aeeemplished. Reason for change: Notice provisions are set forth in Whatcom County Code 2.33.060 and .070. • Siting criteria in the comprehensive plan and zoning ordinance will be applied when deciding where to site essential public facilities. Policy 2UU-2: Where possible, use essential public facilities sites jointly for public benefit; trails or open space, for example, could share a corridor or site used primarily for transportation. Whatcom County Comprehensive Plan 2- 128 416 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Policy 2UU-3: The Growth Management Act identifies certain essential public facilities and the County Council has taken legislative action, with the assistance of an essential public facilities advisory committee, to identify additional essential public facilities. A proponent or government agency shall apply for a comprehensive plan amendment to add a particular land use to the adopted list of essential public facilities. In order to be added to the list of essential public facilities, the applicant must demonstrate that the facility: • Is typically difficult to site; • Provides a public serviceSeFves a publie need, which may be a local serviceeed; and • Is provided, substantially funded or contracted for by government or subject to public service obligations. Policy 2UU-4: If significant amendments to the essential public facility siting process are proposed in the future, an essential public facilities committee consisting of citizen, business, health care, and government representatives, as appropriate, will be appointed by the County Executive to make recommendations relating to the proposed amendments. Goal 2VV: Utilize the established siting criteria for essential public facilities. Policy 2VV-1: Locate essential public facilities that generate traffic equal to or greater than similar -sized residential or commercial development near major transportation corridors. Policy 2VV-2: Do not site essential public facilities where they would have a probable significant adverse impact on critical areas or designated resource lands_designated as envirenngent tareas ,n I;ndq sensi Policy 2VV-3 Site essential public facilities on property where needed expansion of the facility, based upon population forecasts, level of service standards or projected facility needs, can be accommodated within a 20-year planning period. Policy 2VV-4 State and regional highways in unincorporated Whatcom County that have been designated as essential state or regional transportation facilities are I-5, State Route 539 (the Guide Meridian), State Route 546/9 (Badger/GaFFisen from the Guide to Sumas), and State Route 20 to eastern Washington. Other transportation facilities in unincorporated Whatcom County that Whatcom County Comprehensive Plan 2- 129 417 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use have been designated as essential public facilities are Amtrak Cascades passenger rail service, the Burlington Northern Santa Fe railroad tracks, and the Cherry Point marine port facilities. Such facilities in the City of Bellingham include Fairhaven Station (intercity passenger rail terminal), Bellingham Cruise Terminal (Alaska Ferry), and the Port of Bellingham (marine port). Additionally, State Route 543 (the truck route at the Blaine border) is an essential public facility located within the city limits of Blaine. Widening of existing state highways or railroad tracks (including construction of sidings) and siting new state highways or railroad tracks should be planned in the Washington Highway System Plan, Amtrak Cascades Plan and the Freight Rail Plan. The state will invite the Regional Transportation Planning Organization and the County to participate in planning studies, review design plans, and provide comments when siting new or expanded state highways or railroad tracks. Highways and railroad tracks that qualify as essential public facilities should be sited in accordance with all of the following principles. These facilities should be located: • In a manner that minimizes or mitigates noise impacts to surrounding residential areas. • Outside of the Lake Whatcom Watershed, unless there are no viable alternatives. • In a manner that allows continued fish passage beyond the road or railroad tracks or restores blocked passage. • In a manner that avoids or mitigates wetland impacts. • In a manner that minimizes impacts of additional impervious surfaces by treating stormwater runoff. • In a manner that encourages a vibrant economy by facilitating the efficient movement of people and freight. • In a manner that accommodates pedestrians, bicycles, and transit. Major passenger intermodal terminals should be located in General Commercial, liar st —o,;,mre; ;—Airport Operations, Urban Residential -Medium Density or industrial zones. Reason for change: Whatcom County Ordinance 2012-032 relating to rural land use planning and limited areas of more intensive rural development (LAMIRDS), amended the Tourist Commercial zoning district to no longer allow major passenger intermodal terminals. Whatcom County Comprehensive Plan 2- 130 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Freight railroad switching yards and terminals should be located in industrial zones. Marine port facilities should be located within the Heavy Impact Industrial zone of the Cherry Point Major/Port Industrial Urban Growth Area. Policy 2VV-5: Airports in Whatcom County are the Bellingham International Airport; and the Lynden Municipal Airport_ and the Blaine Municipal AiFpe,"t". Bellingham International Airport, which is in unincorporated Whatcom County, serves both general aviation traffic and commercial airline traffic. Lynden airports, which isa-Fe within the city limits ef these i=espeetive eities, serves general aviation traffic. There is also a sea plane base called Floathaven on Lake Whatcom. and a sea plane base ealled the PeFt of Bellingham Sea Plane ase en Bellinghanq Bay-. Reason for change: The Blaine Airport closed in December 2008. Additionally, the Portof Bellingham indicated, in an e-mail of 12/2/2014, that they do not operate a sea 'plane base on Bellingham Bay. Within unincorporated Whatcom County, general aviation and commercial airports will be sited in the Airport Operations District. Compatibility of surrounding land use, including evaluation of height hazards, safety based upon aircraft accident data, and noise impacts, will be evaluated when a new Airport Operations District or an expansion of an existing Airport Operation District is proposed, as follows: • Height hazards - Towers and other objects that penetrate the imaginary surfaces established in 14 CFR Part 77 Safe Efficient Use and Preservation of thgfteets Affecting Navigable Airspace, shall be identified and mapped by the applicant. The applicant shall demonstrate to the County that existing objects that penetrate the imaginary surfaces as defined in 14 CFR Part 77 will not create a hazard to operation of the proposed airport. The applicant shall also demonstrate to the County that objects that could be allowed by zoning to penetrate the imaginary surfaces as defined in 14 CFR Part 77 will not create a hazard to operation of the proposed airport. • Safety - Aircraft accident data shall be evaluated in the context of the densities and types of existing land uses and land uses allowed by zoning that are in proximity to the proposed airport. Specifically, for general aviation Whatcom County Comprehensive Plan 2- 131 419 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use airports or commercial airports that also serve general aviation traffic, existing land uses and zoning around the proposed Airport Operations District shall be compared to the Safety Compatibility Zone Examples, Basic Safety Compatibility Qualities, and Safety Compatibility Criteria Guidelines in the California Airport Land Use Planning Handbook (Shutt Moen Associates, January 2002, pp. 9- 38 to 9-40, 9-44, 9-45, and 9-47). Special attention shall be given to whether or not the proponent has purchased the land in safety compatibility zone 1 as identified in the California Airport Land Use Planning Handbook (Shutt Moen Associates, January 2002, pp. 9-38 to 9-40). • Noise - The applicant shall map the projected 55, 60 and 65 DNL noise contours. The County shall evaluate noise impacts to existing land uses and land uses allowed by zoning within the mapped 55, 60 and 65 DNL noise contours. • The County shall consult with and consider the comments of the Federal Aviation Administration and the Washington Department of Transportation - Aviation Division. • Mitigation, such as removing objects that create height hazards, will be encouraged to achieve compatibility with surrounding land uses. Policy 2VV-6: State education facilities in Whatcom County are Western Washington University, Whatcom Community College and Bellingham Technical College and related facilities. The main campuses of these state education facilities are located within the city limits of Bellingham. It is anticipated that they will remain within Bellingham over the planning period. However, research, recreational, satellite educational and other facilities associated with these institutions may be located outside of Bellingham within unincorporated Whatcom County. State education facilities should generally be located in commercial, rural, residential, light impact industrial, or general manufacturing areas. They should only be allowed in the Airport Operations zone if related to airport operations training. They should not be located on resource lands, except that educational facilities related to forestry should be allowed in the forestry designations and educational facilities relating to agricultural Whatcom County Comprehensive Plan 2- 132 420 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use operation training should be allowed in the agriculture designation. Policy 2VV-7 Correctional facilities in Whatcom County are the Public Safety Building (County Jail), the minimum security correction facility l- e--altemat-ive—ca;Teetie building, and the juvenile detention facility in the County Courthouse. These three facilities are adjaeent te one anethei= in dewntown Bellingham. City of Bellingham fE)F weFk Felease beds. Reason for change: The County opened the minimum security corrections facility on Division Street, which is not in downtown Bellingham, in 2006. Additionally, the County has not contracted for work release beds since 2006. Within unincorporated Whatcom County, new correction facilities should be sited in accordance with all of the following principles. New facilities should be located: • With convenient access to major transportation corridors; • With convenient access to frequent transit service; • In areas that will not create excessive traffic, noise, or glare impacts on surrounding residential properties; • In areas that have access to adequate utilities and infrastructure; • In areas where there is convenient access to the courts, the sheriff's office, law offices, medical services, fire protection services, and community & social services. • Outside the 100-year floodplain; • Outside seismic hazard areas. If no suitable sites are available outside of seismic hazard areas, correction facilities may be located within such areas if adequate mitigation measures are undertaken; • Outside of landslide hazard areas; • Outside of mine hazard areas; • Outside of alluvial fans; • Outside the 65 DNL noise contour of airports; • At least 500' from gas pipelines with a maximum operating pressure 500 or greater pounds/square inch gage (psig); • At least 100' from gas pipelines with a maximum operating pressure between 251 - 499 psig; • At least one quarter mile from public and private schools. Policy 2VV-8: Solid waste handling facilities in Whatcom County currently include two primary transfer stations,—a—eanstFuetien & Whatcom County Comprehensive Plan 2- 133 421 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use d „lido a oLVPZ.—faF;TTTL,es drop box collection stations moderate risk waste fixed facilities small business and household hazardous waste collection), a vactor waste transfer station, and composting and. recycling facilities. Additionally, there are anaerobic digesters, biosolids land application, facilities, private industrial landfills, and landfills in post -closure status. The two -nmary transfer stations are located within the City of Ferndale. Municipal solid waste transported to these transfer stations, by either self -haulers or one of two local certificated haulers, is transported to landfills located lecatie rs outside of Whatcom County_„effi these sites. The construe & d e m e l *tt6Tr—debris lan d fi l i— isle care—inn—H e Fn i Rd. , -ated Whateern Geunty. The "clean green" yard waste facility is located within the City of Bellingharn, and' Ts J-maintained by the City ef Bellingham and WhatceFn County. Reason for change: The above solid waste handling facility; information was updated based upon information provided by the Whatcom County Health Department. Within unincorporated Whatcom County, solid waste handling facilities will be sited in accordance with all of the following principles: 1. Type III solid waste handling facilities as defined by WCC 20.97.429, including but are not limited to municipal solid waste landfills, incinerators, and transfer stations (but excluding uses set forth in subsection (2�).� will be located: a. Within industrial and forestry zones. They may be located within a rural zone only when the site has been identified for such a solid waste facility in the adopted subarea plan; b. At least 1,500' from all zoning district boundaries, except commercial forestry and industrial zones; c. At least 1,500' from public parks, public recreation areas, or publicly owned wildlife areas; d. At least 1,500' from archeological and historical sites that are registered with the State Office of Archeology & Historic Preservation; e. At least 1,500' from shorelines that are within the jurisdiction of the Shoreline Management Program; f. At least 1,500' from rivers, streams or creeks that contain documented threatened or endangered fish species; Whatcom County Comprehensive Plan 2- 134 422 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use g. Outside the 10-year time of travel boundary of a public water system's delineated wellhead protection area; h. Outside the Lake Whatcom watershed; i. Outside the 100-year floodplain; j. In accordance with Hazardous Wildlife Attractants on or Near Airports (Federal Aviation Administration Advisory Circular 150/5200-33), solid waste facilities and sites that handle putrescible waste will be located: i. At least 10,000' from airports serving turbine - powered aircraft (Bellingham International Airport); ii. At least 5,000' from airports serving piston - powered aircraft (BlaineLynden Municipal Airports). 2. Inert material landfills will be located: a. Within industrial and forestry zones. They may be located within a rural zone only when the site has been identified for such a solid waste facility in the adopted subarea plan; b. At least 500' from all zoning district boundaries, except commercial forestry and industrial zones; c. At least 500' from public parks, public recreation areas, or publicly owned wildlife areas; d. At least 500' from archeological and historical sites that are registered with the State Office of Archeology & Historic Preservation; e. At least 500' from shorelines that are within the jurisdiction of the Shoreline Management Program; f. At least 500' from rivers, streams or creeks that contain documented threatened or endangered fish species; g. Outside the 10-year time of travel boundary of a public water system's delineated wellhead protection area; h. Outside the Lake Whatcom watershed; i. Outside the 100-year floodplain. Commercial composting facilities are solid waste handling facilities, but do not qualify for essential public facility status. Whatcom County Comprehensive Plan 2- 135 423 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Policy 2VV-9: Personal wireless communication facilities and broadcast towers have been constructed at various locations around Whatcom County. Personal wireless communication facilities, such as cell phone towers, shall be sited in accordance with Whatcom County Code 20.13. Broadcast towers, such as TV and radio towers, are allowed with a conditional use permit in all zoning districts. Proximity to airports and potential hazards to aviation will be considered when siting new towers or increasing height of existing towers. Policy 2VV-10: Sewage treatment plants in Whatcom County currently serve cities, water & sewer districts, the Lummi Nation, and a state park. Within unincorporated Whatcom County, sewage treatment plants will be sited in accordance with all of the following principles: 1. New sewage treatment plants will be located outside of the 100-year floodplain, unless the applicant demonstrates that alternative sites are not feasible; 2. New sewage treatment plants will be located outside the 10-year time of travel boundary of a public water system's delineated wellhead protection area; 3. New sewage treatment plants will be located, in accordance with Hazardous Wildlife Attractants on or Near Airports (Federal Aviation Administration Advisory Circular 150/5200-33), as follows: a. At least 10,000' from airports serving turbine - powered aircraft (Bellingham International Airport); b. At least 5,000' from airports serving piston - powered aircraft (BlaineLynden Municipal Airports); 4. New sewage treatment plants will be buffered from existing high -density residential land uses. Expansion of existing sewage treatment plants will provide buffering from existing high -density residential land uses to the extent possible; Whatcom County Comprehensive Plan 2- 136 424 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 5. New sewage treatment plants and expansion of existing sewage treatment plants will be constructed in a manner to shield light and glare from surrounding land uses. Policy 2VV-11: Water treatment plants in Whatcom County are currently operated by cities, water & sewer districts, water associations and other public water system operators such as industries at Cherry Point. Within unincorporated Whatcom County, water treatment plants will be sited in accordance with all of the following principles: 1. New water treatment plants will be located outside of the 100-year floodplain, unless the applicant demonstrates that alternative sites are not feasible; 2. New water treatment plants and expansion of existing water treatment plants will be constructed in a manner to shield light and glare from surrounding land uses. 3. New water treatment plants will be located: a. At least 500' from natural gas pipelines with a maximum operating pressure of 500 or greater pounds/square inch gage (psig). b. At least 100' from natural gas pipelines with a maximum operating pressure between 250 and 499 psig; c. At least 500' from pipelines that carry liquid gas, oil or other petroleum products. Policy 2VV-12: Water storage facilities owned and operated by a public water utility for the sole purpose of providing required fire flow are a permitted use in all zoning districts provided: • Volume does not exceed 50,000 gallons; and • Height does not exceed 12 feet above the ground level measured within 20 feet in all directions of the tank. Other water storage facilities for potable water and/or fire flow owned and operated by a public utility are allowed with a conditional use permit in all zoning districts. Policy 2VV-13: Substance abuse facilities, mental health facilities, and group homes have been constructed at various locations around Whatcom County. 1. In compliance with RCW 36.70A.410, Whatcom County will not treat a residential structure occupied by persons with handicaps differently than a similar residential Whatcom County Comprehensive Plan 2- 137 425 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use structure occupied by a family or other unrelated individuals. "Handicaps" are as defined in the federal fair housing amendments act of 1988. 2. Within unincorporated Whatcom County, substance abuse crisis facilities and mental health crisis facilities will not be located within 600' from any of the following: • Public schools; • Private schools; • School bus stops, • Licensed day care • Licensed pre-school facilities; • Public parks; • Publicly dedicated trails; • Sports fields; • Playgrounds; • Recreational and community centers; • Public libraries; and • Public and private youth camps Policy 2VV-14: There are currently no secure community transition facilities for sex offenders located in Whatcom County. Within unincorporated Whatcom County, secure community transition facilities for sex offenders will be sited in accordance with all of the following: 1. Secure community transition facilities shall not be located adjacent to, immediately across the street or parking lot from, or within the line of sight of existing risk potential facilities, which are: • Public schools; • Private schools; • School bus stops, • Licensed day care • Licensed pre-school facilities; • Public parks; • Publicly dedicated trails; • Sports fields; • Playgrounds; • Recreational and community centers; • Churches, synagogues, temples or mosques; • Public libraries; • Public and private youth camps; and • Other uses identified by the State Department of Social and Health Services pursuant to RCW 71.09.020(134�). Whatcom County Comprehensive Plan 2- 138 426 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use "Within the line of sight" shall mean that it is possible to reasonably visually distinguish and recognize individuals. An unobstructed visual distance of 600' shall be considered to be within the line of sight. Line of sight may be considered to be less than 600' if the applicant can demonstrate that visual barriers exist or would be created that would visually screen the risk potential facility from the secure community transition facility. 1. No more than one secure community transition facility, with a maximum of three people (other than staff), shall be located within Whatcom County. 2. The average response time of emergency services to a proposed secure community transition facility will be balanced against the proximity of the proposed secure community transition facility to the above risk potential facilities. Great weight will be given to sites that are farthest removed from the risk potential facilities listed above. 3. In identifying potential sites within a county for the location of a secure community transition facility, the State Department of Social and Health Services shall work with local governments to provide for the equitable distribution of such facilities. In coordinating and deciding upon the siting of secure community transition facilities, great weight shall be given by the county and cities within the county to: a. The number and location of existing residential facility beds operated by the department of corrections or the mental health division of the department of social and health services in each jurisdiction in the county; and b. The number of registered sex offenders classified as level II or level III and the number of sex offenders registered as homeless residing in each jurisdiction in the county. "Equitable distribution" means siting or locating secure community transition facilities in a manner that will not cause a disproportionate grouping of similar facilities either in any one county, or in any one jurisdiction or community within a county, as relevant. Whatcom County Comprehensive Plan 2- 139 427 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 2 Whatcom County should seek a financial mitigation agreement 3 from the Department of Social and Health Services for costs 4 associated with law enforcement training, emergency procedure 5 training and other expenses identified under RCW 71.09.344. 6 7 Policy 2VV-15: If significant amendments to the essential public facility siting 8 criteria are proposed in the future, an essential public facilities 9 committee consisting of citizen, business, health care, and 10 government representatives, as appropriate, will be appointed it by the County Executive to make recommendations relating to 12 the proposed amendments. 13 14 Goal 2WW: Provide for broad participation in the siting process by 15 affected agencies, citizens and any other interested 16 parties. 17 18 Policy 2WW-1: Assure that any specific procedure for siting facilities considered 19 as regional or essential is consistent with county comprehensive 20 plans and County -Wide Planning Policies. 21 22 Goal 2XX: Utilize the established review or appeal procedure to 23 resolve differences of opinion regarding facility site 24 selection. 25 26 Policy 2XX-1: Appeals relating to essential public facility siting shall be decided 27 by the Hearing Examiner and/or County Council, in accordance 28 with the zoning ordinance, prior to proceeding with any appeals 29 to Superior Court. 30 31 Policy 2XX-2: County regulations will not preclude the siting of essential public 32 facilities in designated zoning districts. 33 ` 34 Adult Businesses 35 36 Introduction 37 38 Purpose 39 40 The purpose of the adult business section is to prevent crime, protect residential 41 areas and sensitive uses from incompatible uses, protect retail trade, maintain 42 property values, preserve the quality of life in Whatcom County, protect gateways, 43 corridors and connections in the community, preserve rural character and protect 44 children from increased hazards created by adult businesses. 45 46 Process Whatcom County Comprehensive Plan 2- 140 County Council Preliminary Draft June 21, 2016 ter 2 - Land Use 1 2 Because of adverse secondary effects of adult businesses, the County Council 3 established a year -long moratorium in 1998 on accepting new applications until 4 appropriate policies and regulations could be established governing adult 5 businesses. Whatcom County Planning Division staff originally drafted this section in 6 response to the moratorium. It was reviewed with a representative of the Whatcom 7 County Prosecuting Attorney's office with regard to Constitutional issues. The 8 Planning Commission held a public hearing before final adoption by the County 9 Council. 10 11 GMA Requirements 12 13 The GMA does not require a Comprehensive Plan to address adult businesses. 14 However, a county is authorized to plan for land use in general (RCW 36.70A.070). 15 Additionally, the Comprehensive Plan can include any elements relating to the 16 physical development within its jurisdiction (RCW 36.70A.080). 17 18 Background Summary 19 20 Whatcom County provides an outstanding quality of life that is worthy of preserving 21 for future generations. This quality of life is partially dependent upon controlling 22 crime, protecting residential areas, protecting businesses, preserving rural 23 character and maintaining property values. Adult businesses can adversely impact 24 the quality of life and, therefore, Whatcom County should regulate where such uses 25 are allowed. 26 27 Issues, Goals, and Policies 28 29 Location of Adult Entertainment Establishments 30 31 Adult businesses have been shown to create adverse secondary effects upon the 32 community in the form of crime, harming other forms of retail trade, impacting 33 property values and causing deterioration in the quality of life. Such secondary 34 effects can intensify when adult businesses are located in close proximity to one 35 another. Regulating the location of adult businesses is necessary in unincorporated 36 Whatcom County in order to protect the quality of life and minimize adverse 37 secondary impacts of such businesses. 38 39 Goal 2YY: Utilize the established criteria for the location of adult 40 businesses. 41 42 Policy 2YY-1: Adult businesses will be allowed with administrative approval 43 use permits in Light Impact Industrial zoning districts that are 44 located within City Urban Growth Areas. Adult businesses will 45 not be allowed in the Light Impact Industrial zone immediately 46 southeast of the Bellingham International Airport because, as Whatcom County Comprehensive Plan 2- 141 429 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 the main entrance to the airport, it serves as a gateway to the 2 community. 3 4 Policy 2YY-2: Adult businesses will not be allowed in other zoning districts. 5 6 Policy 2YY-3: Adult businesses will not be allowed within 1,000 feet of a 7 school, day care, church, park, library, residential zoning 8 district, rural zoning district, Interstate-5, or state highway. 9 10 Policy 2YY-4: An adult business will not be allowed within 1,000 feet of any 11 other adult business. 12 13 Policy 2YY-5: Non -conforming adult businesses werewill be terminated by 14 operation of the Whatcom County Code inNevengber �, 2000. A 15 maximum of four one-year extensions could have been -be 16 granted if needed to recoup financial expenditures made in the 17 business. 18 19 Historic and Cultural Resources 20 21 Cultural resources contribute materially to a sense of place and identity and civic 22 pride. Economic dividends come from cultural tourism and downtown revitalization. 23 Whatcom County recognizes a number of benefits which result from cultural 24 resource preservation. A strong cultural resources management program enables 25 the County to fulfill its legal obligation to avoid potential harmful impacts on cultural 26 resources. The preservation of historic and archeological resources contributes to 27 Whatcom County's rural and cultural character. Historically significant lands, sites 28 and structures, which are part of and help illustrate the collective culture of the 29 people, are important resources for the County. One of the Planning Goals of the 30 GMA is to 'Identify and encourage the preservation of lands sites and structures 31 that have historical or archaeological significance." 32 33 Goal 2ZZ: Recognize Whatcom County's historical and archeological 34 attributes and identify and encourage the preservation of 35 lands sites and structures that have historic or 36 archeological significance. 37 38 Policy 2ZZ-1: Whatcom County shall prepare a cultural resource inventory to 39 identify and document archeological and historic resources.. 40 41 Policy 2ZZ-2: _ The County's cultural resource inventory shall be updated on a 42 continuing basis to ensure the inventory's usefulness as a 43 historic preservation and land use tool. 44 45 Policy 2ZZ-3: The County's cultural resource inventory shall be coordinated 46 with similar proarams maintained by municipalities and Tribes Whatcom County Comprehensive Plan 2- 142 430 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use within the county to ensure the comprehensiveness of the inventory. Policy 2ZZ-4: Consistent with its resources and based on the standards of the cultural resources inventory, the County shall provide technical assistance to local groups whose work can be incorporated into the County's inventory. Policy 2ZZ-5: The County shall seek to preserve and enhance archeological, historic, and cultural resources by enacting a qualifying historic preservation ordinance and carrying out the mandates of that ordinance. Policy 2ZZ-6: The County shall meet its cultural resource management obligation under federal state, and local regulations in an efficient and effective manner. Policy 2ZZ-7: Consistent with its resources, the County shall provide technical assistance on cultural resource matters. Policy 2ZZ-8: The County shall promote preservation of identified archeological, historic, and cultural resources. Policy 2ZZ-9: _ On projects under its authority, the County shall consistently seek to mitigate negative impacts to cultural resources. Policy 2ZZ-10: The County shall undertake through a public/private partnership a coordinated long-range planning in conjunction with representatives of arts, heritage, and tourism organizations, to develop strategies for preserving and enhancing cultural resources. Policv 2ZZ-11: The Countv shall continue to cooaerate with cultural aroups and the organized representatives of the tourism industry to promote cultural tourism and ensure that cultural tourism projects remain eligible for funding assistance through its hotel/motel tax fund program. Reason for change: The above Historic and Cultural Resources text, Goal and Policies were modified and moved from Chapter 10, Design. Whatcom County Comprehensive Plan 2- 143 431 1 2 3 4 5 6 7 8 9 10 11 12 W County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use WON Reason for change: Goal 2D, Policies 2D-1 2D-2, 2D-3, 2D-4, 2G-1 and 21-1-1 address most of the above issues. :- - -:. :- Reason for change: The Executive or Council can appoint an advisory committee and consider their recommendations at any time. Reason for change: Industrial parks are allowed in urban growthareas zoned for industrial' uses.` The LAMIRD designations were amended and no longer include a" "Crossroads Commercial" designation. :: WiN N WON 11 ::- - ::�::►w:.�.: ; - - : . Reason for change: Clustering is generally allowed by zoning. PDRs and TDRs are addressed by policies 2F-4 and-2DD-10. Mitigation banks are addressed in Chapter 11, Environment. E-w I a 4 W 101 M r r-v"-v I M MR W 3 M- F-1 NO W- I . . . . BLW. . . Reason for change: The County can docket or consider these items at any time. Whatcom County Comprehensive Plan 2- 144 432 1 2 3 4 5 6 7 8 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 County Council Preliminary Draft June 21, 2016 Reason for change: Policy 2E-1 is similar to the above action item. ter 2 - Land Use Reason for change: The County may establish committees at any time as priorities and resources allow. Reason for change: An EIS is being prepared for the 2016 Comprehensive Plan Update/UGA review. Reason for change: Policy 217-6 is to monitor incentive programs on a five-year basis. 31 32 Subarea Plans 33 34 101,8._..__._. 35 area boundaFies as identified in this plan, ensure consisteney with this plan, 36 37 subaFea plan aetien itengs that aFe eensistent with this plan. 38 39 40 41 42 43 44 45 Reason for change:;A number of old subarea plans have been repealed. Others will be updated, as appropriate, consistent with the Whatcom County Comprehensive Plan Policy 2L-2. - 3 u - ... . . ..... ExaFn;ne alternatives fer meeting the transper-tatien. and utility needs fe-r Sudden Valle, Whatcom County Comprehensive Plan 2- 145 SK 1 2 3 County Council Preliminary Draft June 21, 2016 2 - Land Use Reason for change: Policy 61-8 ;in Chapter 6 (Transportation) addresses bus serviced to Sudden Valley. Chapter 5generally addresses utilities and chapter 11 generally addresses stormwater. 4 5 X- I0.._.___Gentinue the industrial land supply studdy, identify d itienal 6 'industri. -n n=the �n� Whatieeng Geunty Gemprehensive 7 8 Reason for change: The County, in conjunction with the cities, is undertaking a land 9 capacity analysis to identify land available for urban land uses in conjunction with 10 the 2016 Comprehensive Plan update and UGA review. 11 121 ._1_1 13 te ensure eensisteney with land use plans and regulatie 14 15 Reason for change: Policy 2K-2' addresses the Comprehensive Flood Hazard 16 Management Plan. Whatcom County Public Works Department indicated that an 17 update to the Comprehensive Flood Hazard Management Plan will commence in 18 2015 or 2016. 19 20 Citizen involvement 21 221 ol2s ' cernngittees te participate in the 23 . 24 25 Reason for change: Policy 2Q-4 addresses advisory committees for Birch Bay and 26 Columbia Valley. County -wide Planning Policy A-2 also addresses advisory 27 committees. 28 291_ 13. lmprey .. land u -�� use 30 --- ..-- -- s. Cl�eisien 31 32 Reason for change: Policy;2G-1 addresses notice. 33 34 Tinitagf vv 35 36 1 Using_1__.... 37 . 38 39 Reason for change: The City/County Planner Group meets on a regular basis to 40 coordinate growth management planning, including land capacity and UGA review. 41 42 1 Urban Growth Areas 43 Whatcom County Comprehensive Plan 2- 146 434 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Reason for change: The County's GIS personnelcoordinate with cities and special purpose districts on an informal, as needed basis. 8 9 1- n 1 6a 10 nt within Blaine's UGA that ensures consisteney with Blain 11 12 13 14 15 Reason for change: The County and the City of Blaine approved an interlocal agreement in 2012 that addresses processing development applications in the Blaine UGA. 16 17 181- o17eAdept and n9aintain County ze.nifflg I.--F the Blaine UGA which weuld a" 20 commitment to annex within a very specifie. tirneline and under- veFY speeific 21 ed;tiQ„s 22 23 24 25 26 27 Reason for Change: The County already has zoning that requires 10 acre residential densities in the Blaine UGA until public water and sewer are extended. At the current time, the City typically does not extend public water and sewer prior to annexation. • - nle Ite develep an appFepr-iate • adequately pFeteet t- HaFbei= water-shed. 30 - : - 31 32 33 34 35 36 37 Reason for change: Chapter 11 and Policy 2V-1 in Chapter 2 address Drayton Harbor. �nR� ............. rnre�_ Reason for change: Chapter 11 Goal 2K and associated policies in Chapter 2, and Policy 2P-2 in Chapter 2 address flooding. 38 • s - .: - a time fFarne andpi=eeess to weFk with the Gity ef and 'and EveFsen •' ewnei=s: develop - - plan : faeglitate eenvelsiell:- •ieFal FeseuFee lands -to Eversen :uFbaner- FuFal land uses. • • Reason. - Whatcom County Comprehensive Plan 2- 147 435 County Council Preliminary Draft June 21, 2016 Chanter 2 - Land Use 12-3_;2. WeFk with cities te develep regulatiens 'Ehat assure compatibility ef H 2 . 3 4 5 6 Reason for change: Policies 2W-4 (Everson), 2Y-2 (Lynden), 2Z-4 (Nooksack) and 2AA'-5 (Sumas) address this issue. Additionally, the interlocal agreements address resource lands. 7 82 - 2:1, .._..._._. 9 _.__..__._. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Reason for change: The GrowthManagement Act requires UGA review by 2016 and every eight years thereafter. -- M-4 - M-1-4 _ _;: Reason for change: Interlocal agreements are addressed in the policies for each city. Interlocal agreements were approved in 2012 and extend through the year 2022. 40 41 - 22 a.. _._.._ ,-te 42 43 AFeas 44 Whatcom County Comprehensive Plan 2- 148 436 1 2 3 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use Reason for change: Water and sewer service for the Birch Bay and Columbia Valley unincorporated UGAs is addressed in Policies 2BB-1 and 2BB-6. 42T-21 WeFk with the Sudden Valley Gernmunity Asseeiatien te implement the 5 density :- - • '- • • •- •s- - .a• -• .• • ` - on geing eemmunicatiens- - 10 IL-3, Columbia Valley Water District -- Community ` 11 tewaFds mutually beneficial infrastructure solutions including combined .G' 13 1621);25 Develop a mechanism for addressing neighber-heed parks in Bellin-gharn-Is 17 Urban Grewth Area - develepment occurs prier• Urban Fringe - and the city/eeunty 19 process to address nrl-i-I I 1 1 park needs in Bellingham's LJGA if 20 - :: : -- 21 22 '- • alLejOliflife- - • •• ••• •. .•a - -• •• 23 243)--,,2..6,--,,-,-,--,-Centinue te werk wi h Belling,harn- -- manage the- Whatcern watershed 26 with the ••• jeintly adepted inteFlecal agFeem Focus on continued 28 Program. in _ werk with the affected jurisdietiens and secure fund�ng 29 for programs. 31 s e •- •- • -• • .• • 32 33 2 .Review and medify (as needed) the current develepment review preeess 34 shed to rain tier with--e� 35 36 37 1 Reason for change: This has been moved to Chapter 11, Environment. 38 3932 23 40result of ---sewer in Rural zene in the Lake Whateern 41 Watershed-. 42 43 1 Reason for change: This has been modified and moved to Chapter 11 Environment. MI, Whatcom County Comprehensive Plan 2- 149 437 County Council Preliminary Draft June 21, 2016 Chapter 2 - Land Use 1 Open Spaee 2 33-, -.2 9 5 . 6 7 8 Reason for change: Incentives are generally addressed in Policies 2QQ-1, 2Ti'-4 and 2Tf-5. 93 3Ce 10 4_._.___ _. ^ . 11 12 1 Reason for change: This issue is generallyaddressed in Policies 2Tf-1 and 2TT-3. 13 143- Dr, 31. 15 ___this ehaptef-T 16 17 18 -I : ig i a =031:. - - MY - - - -- Reason for change: This is generally addressed in Chapter 9 and Policy 2Tf-13 in Chapter 2. 26 27347-e33, 28 ether rs-te 29 €aEi l+take-Mroiecsiv,of th se designated sites. 30 31 32 Reason for change: Policy 2Tf-8 generally addresses` funding. Policy 2TT-11 generally: addresses the role of conservation organizations. Whatcom County Comprehensive Plan 2- 150 WHATCOM COUNTY Health Department Leading the community in promoting health and preventing disease. Memorandum TO: WHATCOM COUNTY COUNCIL FROM: Regina Delahunt, Director DATE: FEB 16, 2016 Regina A. Delahunt Director Greg Stern, M.D. Health Officer RE: HEALTH REVIEW OF 2016 COMPREHENSIVE PLAN --LAND USE CHAPTER Overview: As one step in the implementation of the County's Healthy Planning Resolution #2015-038, Health Department staff will provide an overview of health recommendations for selected chapters of the 2016 Comprehensive Plan Update to the County Council. The attached matrix includes recommendations for the Land Use Chapter that were provided to County Planning and Development Services (PDS) staff and describes current status in the Planning Commission's recommended draft. Process: The process for developing and incorporating the recommendations included: Technical review of the 2008 Comprehensive Plan by Alta Planning and Design (2013), identifying opportunities to strengthen specific policies in the plan from a health perspective • Planning workshop to prioritize health topics and associated policy recommendations with Public Health Advisory Board (PHAB), PDS staff, health department staff, and community stakeholders (March 2014) • Refinement of policy recommendations based on PHAB, County PDS and stakeholder input (Spring 2014) • Correspondence and connection with County PDS to integrate recommendations into draft chapters, as feasible and appropriate Support for PHAB feedback to Planning Commission on specific issues and recommendations • Review and analysis of the status of health recommendations in the Planning Commission's draft chapters. Recommendations: For the Land Use Chapter, all of WCHD's policy recommendations were either included in the 2016 draft or otherwise adequately addressed. 509 Girard Street Bellingham, WA 98225-4005 (360) 778-6000 FAX (360) 778-6001 WhatcomCountvHealth PUBLIC HEALTH ALWAYS WORKING FOR A SAFER AND HEALTHIER WHATCOM COUNTY www.whatcorncounty.us/health 1500 North State Street Bellingham, WA 98225-4551 (360)778-6100 FAX (360) 778-6101 WhatcomCoHealth ' 439 There were two occurrences where the language was not added to a policy for which WCHD suggested additional language be included to strengthen the policy. The first recommendation was to add language to recognize parks and gathering areas as open spaces to be integrated in new developments (Policy 2RR-6); however this recommendation is already addressed through other mechanisms. The second was to add an explicit walkability standard to Policy 2SS-1, which encourages jurisdictions to provide parks and play areas within safe walking distance of neighborhoods. The transportation chapter includes policies that address this walkability standard for the County, and cities will determine their own standards, so the fact that a walkability standard is not included in Policy 2SS-1 is not consequential. One of the eight policy additions we recommended was added to the Land Use Chapter. Three suggested additions are addressed elsewhere in the plan (Economics and Transportation chapters) or in existing zoning code. Three potential additions can be addressed through other mechanisms than the comprehensive plan. 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O t y: ". p O The following documents are available at the whatcom county council office. e WHATCOM COUNTY, WA COMPREHENSIVE PLAN REVIEW ACTIVE LIVING AND HEALTHY FOOD ACCESS POLICY ANALYSIS MEMORANDUM SEPTEMBER 2012 450 Health Impact Review of the Whatcom County Comprehensive Plan Literature Summary: Access to Healthy Food 451 Comprehensive Literature Summary: Physical Activity 452 Health Impact Review of the Whatcom County Comprehensive Plan Literature Summary: Mental Health 453 Comprehensive Literature Summary: Social Context 454 Comprehensive Literature Summary: Injury &Safety 455 Healthy Planning Workshop: Summary Report PUBLIC HEALTH Overview + Background Over the past five years, community improvement processes and plans have prioritized the need to focus on the built environment and relationship to health outcomes. Staff at the Whatcom County Health Department and members of the Public Health Advisory Board are involved in a project to explore how to integrate public health into community planning and design, specifically through the Whatcom County Comprehensive Plan. The goal of this project is to create a set of prioritized policy recommendations for the 2016 update of the Whatcom County Comprehensive Plan that have the potential to improve the health & well-being of Whatcom County residents. Many aspects of health are connected to community planning and design; however during this phase of the project, the focus was on policies that help achieve goals identified in the Whatcom County Community Health Improvement Plan: promoting healthy and active living by expanding access to healthy food; creating safe places to walk, bike, play and connect; and limiting exposure to harmful substances. The purpose of the Healthy Planning Workshop was to move from generalized, best practice comprehensive plan policies that are health -promoting to specific policies that are best suited for the Whatcom County comprehensive plan. 456 PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT 210 Lottie Street, Bellingham, WA 98225 Telephone: (360) 778-8300 Fax: (360) 778-8302 TTY: (360) 778-8382 March 2, 2016 Whatcom County Council 311 Grand Avenue Bellingham, WA 98225 Re: Bellingham Urban Growth Area Review Dear Council Members, Thank you for the opportunity to provide written comments for the record in the County's urban growth area review/comprehensive plan update process. Several assertions have been made by representatives of the Caitac and S. Yew Street areas that require a response. These assertions are related to the County's land capacity analysis and the City's financial impact analysis and utility planning for the Caitac area. Land Capacity Anal The Council has heard testimony related to the methodology and accuracy of the County's land capacity analysis (LCA), using the recent Dewey Valley annexation as an example. As we stated in our oral testimony, the assertion that the LCA contains an overstated buildout for the Dewey Valley area is incorrect. The confusion lies in the initial buildout projections given to the Bellingham City Council during the annexation review process, The LCA had, and has the correct buildout projection (98-195 new homes) for the area, , Others have stated that the LCA over estimates development capacity in areas of the city that contain a range of allowed densities. For example, in areas with zoning that allows 6 to 12 units per acre, the LCA uses the base density of 6 units per acre to forecast future growth capacity. It was incorrectly suggested that the LCA uses the mid- point density figure in these areas (or 9 units per acre in this example). Additional assertions were made regarding basic flaws in LCA methodology, primarily related to wetland buffers. As the Council is aware, the same LCA methodology was used in all the jurisdictions, including the rural areas. Changes in the methodology at this point in the process would require the County and all other jurisdictions to reassess their land capacity and population allocations. 457 Financial Impact Analvsis'and Utility Plans Caitac representatives, both in a February 5, 2016 letter to you and in oral testimony questioned the results of the City's financial impact analysis (F1A) for the Caitac area. They asserted that the FIA contained errors as to the improvements that would be needed to serve the area, and the costs to the public for the improvements. As we indicated in our previous testimony, the FIA methodology is fairly standard, used by many jurisdictions to identify potential costs to provide the full range of urban services to an annexation area. It has >been ;used by the City for over a decade now. Mr. Jones's testimony regarding the Caitac property raised a number of issues that should be clarified. The 2/5116 letter discusses the difference between the draft 2007 sewer plan and the approved 2009 plan. The information in the 2007 document is irrelevant as the 2009 plan addressed the ability of the City to treat the potential future sewage for the adopted population and employmentgrowth numbers. This total population estimate stayed consistent with only general locations of future growth within the existing UGA's changing. The plan was not a conveyance plan and therefore did not establish where future growth would occur, only general areas of the city and UGA for input of the sewage into the system. Mr. Jones assertion that the City's sewer plan anticipates and accounts for development of the Caitac property is misleading. In 2013, a water system plan update was approved by the City. Using this most up to date plan clears up many of Mr. Jones's misunderstandings of the City's future water system. Throughout the letter, he refers to the "350 Cordata Zone" tank and the "460 King Mountain Water Reservoir" as separate projects. The 2013 Water plan clarifies that there will only be one water reservoir constructed on upper King Mountain, not two. That tank will provide service to most properties in northern Bellingham, not just the Caitac property. The Kearney Street Pump Station will be installed in conjunction with the reservoir construction. The estimated' price tag of $4„250,000 is not an error as it also includes additional. conveyance pipe work and not just the pump station. The comparison to the cast to build the Birch Street pump station is misleading. That pump station was constructed privately in 2005 for $800,000 per the developers supporting costs submitted to the City. Obviously, construction costs have increased substantially since 2005. A City constructed pump station is required to be built under prevailing wage rules which also increases the cost; Additionally, the letter alludes to the fact that many future infrastructure projects will not be built without funding from Caitac, and therefore land near the Caitac property will not develop. This may or may not be true. Any inclusion of the Caitac properties would provide additional participants in funding future projects, however they are not reliant on Caitac to be constructed. On February 9t", the County Council assigned Bellingham the responsibility to accommodate over 31,000 additional residents during the planning period without any changes to the City's UGA. On February 2211a, the City Council directed staff to use the County -approved population growth figure in the update to our comprehensive plan. The Council indicated a willingness to accept the higher growth figure primarily because 2 M-01 it does not require changes to the UGA. We are proceeding in goad faith based on the County Council's February 9t" vote. Changing direction at this point in the process by revising the City's UGA boundary would make it very difficult to complete our work on the comprehensive plan update by the statutory deadline. Please contact me if you have any questions regarding this information. Sincerely, Greg Aucu , AICP Assistant Director C Mayor: Linville Bellingham City Council Bellingham Planning Commission Darcy Jones; Jones Engineering Linda Twitchell, BIAWC` 3 July 12, 2016 IMM�= Eli i Chapter 2 - Land Use Page and line numbers reflect Planning Commission Recommended Draft dated 1114116 (htt : wa- whatcomcounty.civicplus.com/DocumentCenter/Viewll5150). To improve clarity of Councilmember requested changes, previous edits (i.e. staff and Planning Commission) are included, but not show as edits. Previous changes made by the Council are underlined or s&uc-k eu but not bold. New changes are in bold. 1) p. 2-73; lines 21-25: Because of the special characteristics of Cherry Point, including deep water port access, rail access, and proximity to Canada, this area has lone had regional significance for the siting of large industrial or related facilities. The Phillips 66 Ferndale Refinery was constructed in 1954, the Alcoa Intalco Works Aluminum Smelter in 1966, and the BP Cherry Point Refinery in 1971. Cherry Point is also important historically and culturally to the Coast Salish people, and part of the usual and accustomed fishing area for five treaty tribes, reserved under the Treaty of Point Elliot of 1855. The Lummi Nation and Western Washington University have identified an ancestral village dating back over 3,000 years ago in this area. The Cherry Point UGA contains sites of Primary archeological and cultural significance. Since the designation of this area for industrial development years ago, newer scientific study of the shoreline ecology has identified Cherry Point's unique function as part of the Fraser River/Salish Sea ecosystem and the associated Cherry Point Aquatic Reserve has been designated by the state Department of Natural Resources to recognize the ecological importance of the aquatic lands in this area. Since adoption of earlier versions of this Comprehensive Plan there has been an increasing recognition of the impacts that fossil fuel use and transportation has on human health, and both the local and global environment. The Cherry Point UGA contains the second-largest emitter of carbon air pollution in Washington State (Ecology, June 2016) and scientific findings show that the use of refined or unrefined fossil fuels overseas contribute up to 16% of the mercury in the soil in the Northwest from return air from Asian burning of those fossil fuels, and that carbon deposition in water from air emissions are the maior contributor to ocean acidification. Recent studies by NOAA have found that very small amounts of hydrocarbons lead to congenital heart E•1 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 2 — Land Use failure in iuvenile herring and salmon, and may have contributed to the crash of the Cherry Point Herring stock. Qe^^u-Ce of the IaFge aGFeage demands of the types f ' dUStr:es likely +e le...++e +her.. the remaining undeveloped aeFeage (Weimer) 2) p. 2-74; lines 6-13: The Aquatic Reserve Management Plan acknowledges that so long as the existing industries, complying with all federal, state and local laws and regulations, they may de not conflict with the Aquatic Reserve although their activities may pose risks for the recovery of species and other goals of the Aquatic Reserve. indeed the :...d,.s+r:es' need for h,.#er space and +he:r ra pliaA,.e with she -re -line management r .:remen+-s Me-ans that - Much of the Aquatic Reserve shoreline is in substantially natural riparian vegetation and bluff processes proceed without interference. Existing shoreline and upland stream and wetland functions and values are of continuing importance to the recovery and protection of species identified in the Aquatic Reserve Management Plan. The area includes one of the last undeveloped intertidal wetlands of any size in Northern Puget Sound, with importance to iuvenile salmon and other species. Existing industries may continue tocan serve the Aquatic Reserve's objectives so long as they are managed according to the Plan and so long as the lessees comply with applicable legal requirements and actively weFk the goals of the Reserve (CPAR MP p. 2). (Weimer) 3) p. 2-74; lines 15-25: The County and industrial users have long recognized that the Cherry Point area exhibits a unique set of characteristics that makes land there not only locally but regionally important for the siting of ma ewexisting industrial developments. While deep water access made future shipping facilities desirable in the past, recent actions by federal and state regulators denying a proposed fourth pier at Cherry Point have underscored the fact that any future industrial development will undergo scrutiny for compliance with federal and state laws, including treaty rights. Based on the public record developed during this plan review and best available science in the record, the County no longer supports construction of additional export docks or piers at Cherry Point due to environmental and treaty right concerns related to: (a) physical interference with shoreline functions and values; (b) physical interference with traditional, historic and commercial fishing and shellfish harvesting at the Cherry Point shoreline; and (c) the increased risk of catastrophic and cumulative small oil and fuel spills from increased large vessel traffic, potential collisions with tankers and other vessels serving the existing three piers at Cherry Point, and related barge traffic and support vessels. .,n., where deep water an,•ess 2 461 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 2 — Land Use t'e..,nrehen-si.,e Cnenemilr. Development StFaten., (Weimer) 4) p. 2-74; lines 27 - p. 2-75, line 14: The characteristics that make made Cherry Point unique as a site for the existing major industrial developments include the following: Port Access — The marine waters off Cherry Point provide deep water access for shipping. Deep water access for shipping was a major siting consideration for the three major industries currently located at Cherry Pointe Rail Access — Cherry Point is served by a branch line of the Burlington Northern mainline serving western Washington from Blaine to Portland. Rail service is considered to be vital to statewide as well as local interests for the competitive movement of freight. Rail service is particularly important in relation to the water borne commerce of the existing users. Proximity to Canada, Alaska and Foreign Ports - Cherry Point occupies a unique location for the siting of industry because of its close proximity to Canada and because of its shorter travel distance than other regional port facilities for shipping to and from Alaska and to other Pacific Rim locations. The large acreage, good rail access and proximity to Washington State and Canadian ports makes the remaining upland area at Cherry Point suitable for major sustainable, clean -energy manufacturing or production of other commercial or industrial products. The Cherry Point industrial area benefits from proximity to Canada, as trade between the U.S. and Canada grows in response to the lifting of trade barriers under the Free Trade Agreement. Canadian exports to the U.S. are expected to increase and Canadian firms exporting to the U.S. are expected to seek locations in the U.S. as a way of improving access to U.S. markets. of putpAchip Pert fa 'I't' a I: pwice constrained There n e ii-Mited expansian_sitps up the FFaser River are GGWAFained by limit-atin-ns- can %; (Weimer) 462 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 2 — Land Use 5) p. 2-76; lines 9-16: Water: Whatcom County Public Utility District #1 currently provides industrial process water to all major industrial facilities at Cherry Point and has additional water available GGAtFaGts in ~'^^A to provide process water to properties that are currently undeveloped. PUD # 1 also operates a small system to provide potable water to one industry (Praxair). Birch Bay Water and Sewer District provides potable water to the BP Cherry Point Refinery. The other industries operate their own water treatment facilities to provide potable water for their facilities. Existing industries consume large quantities of water, in many cases drawn from the Nooksack River. It is the County's policy to support renewed efforts to reduce both water consumption levels and the quantity of discharges, in favor of recycled water use. (Weimer) 6) p. 2-76; lines 32-43: The industries currently located at Cherry Point are a substantial part of the economic base of Whatcom County and the region and the economic welfare of the county is strongly tied to the health of these industries and their ability to flourish and expand appropriately as opportunities present themselves. While Tthese existing industries need to be protected from the inappropriate encroachment of incompatible uses; particularly residential uses that could affect their ability to expand. At the same time, the expansion of these industries needs to be done in ways that do not significantly impact the ecology of the Salish Sea or encourage expanded use of fossil fuels. The best means for protecting these industries from incompatible adjoining residential uses and to assure their continued regulatory conformity is to maintain the industrial land use designation of these lands and adjoining properties currently designated for industrial development. The Cherry Point industrial lands have been designated for industrial development and as a direct result of the industrial designation, incompatible and inappropriate residential development has been curtailed. (Weimer) 7) p. 2-77; Policy 2CC-3: Assure that Cherry Point's unique features of large parcelization, existin port access, and rail transportation availability are maintained and protected from incompatible development. (Weimer) 8) p. 2-77; Policy 2CC-7: Permit support activities, warehousing, shipping rail shipment, machine repair and service, educational services, food service and conveniences, to locate on a parcel only after the completion of a master plan, and the identification and site plan approval for the major user. (Weimer) 9) p. 2-77; Policy 2CC-8: Continue to work with service providers that serve Cherry Point to ensure the delivery of services and to allow it to develop to its fullest potential. Cherry Point industries provide family wage jobs and fuel for our county and 4 463 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 2 - Land Use Washington State. It is the responsibility of Cherry Point industries to fully cooperate and coordinate with our local firefighters, EMS, and environmental protection agencies to guard public health and safety and reduce environmental impacts and in sharing information pertaining to and necessary for protecting public health, safety and the environment. (Brenner) 10) p. 2-77; Policy 2CC-9: Continue to work with service providers that serve Cherry Point to ensure the delivery of services and to allow it to develop to its fullest potential, consistent with other County policies mandating and supporting energy and water conservation. (Weimer) 11) p. 2-78; Policy 2CC-10: It is the policy of Whatcom County to limit the number of industrial piers at Cherry Point by establishing a development moFaterlum— AIGMAMithstanding the above, this Merate-ri,-,M shall ne-t- Aeet, ROF otheFwise apply to, any pFepo bier that1Al tser.,-G-GuAty appFG-Ved-under itsShoreli„e-Management to the existing three approved leases identified in the Lands Commissioner's Order No. 201037 designating the Cherry Point Aquatic Reserve (BP, Intalco, and Phillips 66) to: • Support and remain consistent with the state Department of Natural Resources' withdrawal of Cherry Point tidelands and bedlands from the general leasing program and species recovery goals of the Cherry Point Aquatic Reserve designation and CPAR MP; • Further public health and safety; • Recognize federal actions upholding treaty rights; • Protect traditional commercial and tribal fishing; • Prevent conflicts with vessel shipment operations of existing refineries that could lead to catastrophic oil or fuel spills; and • Adhere to best available science documenting species decline in the Salish Sea and at Cherry Point and enhance the likelihood of reaching the recovery goals of the CPAR and the Puget Sound Partnership's recovery goals for Year 2035. This policy shall be implemented as of the date of adoption of this Plan, including but not limited to: • during review of pending applications, • as a Council declaration of changed conditions affecting public health and safety concerning impacts of shoreline use at Cherry Point, in the reopening of any hearing on existing approvals; • during consistency determinations of new applications; and • at all levels of County land use review, as a health and safety policy, as a substantive SEPA policy under RCW 43.21C.060, and as a basis for modifying and interpreting development and zoning regulations. M July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 2 — Land Use This policy potentially provides greater protection of the shoreline than other County policies or regulations and therefore takes precedence and is controlling over any conflicting policy or regulation. (Weimer) 12) p. 2-78; New Policy 2CC-14: In recognition of national policy protecting the unique ecosystem of Puget Sound/the Salish Sea. as reflected in the Magnuson Amendment to the Marine Mammal Protection Act, 33 USC Sec. 476(b), and to protect human and environmental health, the County shall immediately adopt County regulations and rules governing land use practices that prohibit the development or expansion of any new or existing infrastructure within the Cherry Point UGA , limited to the following: No officer, employee, or other official of Whatcom County shall issue, amend, renew, grant, or otherwise approve any easement, vacation of right-of-way, permit, license, or any authorization or entitlement of any kind under County authority that would have the effect of facilitating construction, renovation, modification, or alteration of any terminal, dock, or other facility in, on, adjacent to, or affecting the navigable waters of the Salish Sea (Puget Sound), which may result in any increase in the volume of crude oil capable of being handled at any such facility, other than oil to be refined at that facility for consumption in the State of Washington. The Whatcom County zoning code, development regulations, and SEPA policies shall reflect and implement this policy directive. (Weimer) 13) p. 2-78; New Policy 2CC-15: Without delaying implementation of the foregoing policy (2CC-13), the Countv shall undertake a studv to be completed by December of 2017 to examine existing County laws, including those related to public health, safety, development, building, zoning, permitting, electrical, nuisance, and fire codes, and develop recommendations for legal ways the County can work to limit fossil fuel exports. The study shall review and analyze any legal advice freely submitted to the County by legal experts on behalf of a variety of stakeholder interests, and make that advice public as part of the study report • Based on the above study, develop proposed Comprehensive Plan amendments and associated code and rule amendments for Council consideration as soon as possible. • Until the above mentioned amendments are implemented, the Prosecuting Attorney and/or the County Administration shall on a bi-weekly basis, provide the County Council a written summary listing all known pre -application correspondence or permit application submittals and notices, federal, state, or local, that involve activity with the potential to expand the export of fossil fuels from Cherry Point. (Weimer) 465 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 2 — Land Use 14) p. 2-113; Policy 2NN-3: Recognize the existing parcelization and the eemmi+m^^+ f9F development of the remaining development potential of multi -family parcels in Sudden Valley. (Donovan) 15) p. 2-113; Policy 2NN-8: Work with all parties to maintain, and appropriately plan for infrastructure, public services, and stormwater retention so that Sudden Valley can develop to appropriately. (Donovan) Proposed Reconsideration of Previous Changes in these proposed reconsiderations, previous changes made by the Council are underlined or StFuek eu% but not bold. New changes are shown in bold. Previous Council changes proposed for deletion are highlighted. 16) p. 2-73; lines 27-41: The Cherry Point shoreline also has great importance to the fisheries and ecology of Northern Puget Sound because it provides essential spawning habitat for what once was the largest herring stock in Washington State. This herring stock has supported important commercial fisheries in the past and provides forage for salmonids and other important marine species. In August 2000 and again in November 2010, the State Lands Commissioner ordered the Cherry Point tidelands and bedlands withdrawn from the state's general leasing program except for existing leases and designated them as the "Cherry Point Aquatic Reserve." In December 2010, the DNR recognized the need to "protect the significant environmental resource of aquatic lands at Cherry Point" (CPAR Management Plan p. 1), and completed the Cherry Point Environmental Aquatic Reserve Management Plan to ensure long-term environmental protection of the afeaAguatic Reserve. The rReserve extends from the southern boundary of Birch Bay State Park to the northern border of the Lummi Indian Nation Reservation. T"^ A;a*^ ^�^'••�'^c thr-pe existing aquatis land leases (11P, IntalGe, Phillip"6 shipping pileFS) and one PFOpesed aquatic, land lease (Gateway Pae;f;G TefR4P4� (Weimer) 17) p. 2-77; New Policy 2CC-2: Ensure that existing developments in the Cherry Point UGA maintain and operate under management plans that to accomplish the goals of the Aquatic Reserve Management Plan. Ensure that future developments or expansions within the Cherry Point UGA are consistent with the following: • Clean -energy and low -carbon emitting industries are favored; • Strict avoidance of estuaries and near -shore wetlands, as they play not only an important role in protecting habitat, but also serve as flood storage areas in the absorption of future sea level rise; M•• July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 2 —Land Use • Additional hardening of the shoreline through bulkheads or other methods at Cherry Point is prohibited; • Any proposed new development is consistent with an archeological study designed in cooperation with the Lummi Nation and reviewed by the Lummi Nation as part of the record for any permitting review; • Water -intensive uses are prohibited and any new development shall utilize state-of-the-art water recycling manufacturing technology to minimize water use. (Weimer) Tabled Items 18) p. 2-78; New Policy 2CC-14: It is the policy of Whatcom County to have zoning and land use practices consistent with 33 USC Sec. 476[b]. As such, no officer, employee, or other official of Whatcom County shall, or shall have the authority to issue, renew, grant, or otherwise grant or approve any easement, vacation of right- of-way, permit, license, or other authority that facilitates constructing, renovating, modifying, or otherwise altering a terminal, dock, or other facility in, on, or immediately adjacent to, or affecting the navigable waters of the Salish Sea (Puget Sound), which may result in any increase in the volume of crude oil capable of being handled at any such facility, other than oil to be refined for consumption in the State of Washington. Whatcom County zoning code shall reflect this policy. (Donovan) 467 July 12, 2016 Changes Approved Marc 29 Proposed Council Changes to Comprehensive Plan Chapter 2 —Land Use 1) p. 2-1; Vision Statement: Whatcom County is a place where urban growth is concentrated in urban areas, where there is a distinct boundary between urban and rural uses, where agricultural use is encouraged, and where resource lands and water resources are protected Rural areas are peaceful and quiet with less traffic and congestion than in urban areas. There is low -density development with open spaces allowing for privacy. A sense of community is retained and local it Rigad. input is considered in land use decisions. (Weimer) 2) p. 2-2; lines 32-34: ...providing for economic development opportunities in the eastern portion of the countyrand addressing fiscal impact in interlocal agreements with cities. (Brenner) 3) p. 2-2; lines 37-40: ...Planning Policies have been addressed in the development of this chapter through citizen committee participation, town hall meetings, and public hearings. (Brenner) 4) p. 2-5; Goal 2A: Ensure designation of sufficient land, and densities to accommodate the growth needs of Whatcom County and protect the local economy, rural lifestyle, habitat, fish and wildlife which are the cornerstone qualities that make the county a desirable place to live. (Brenner) 5) p. 2-6; Policy 2A-8: Include business/industry parks, tourist/resort areas, and allowance for existing crossroads commercial areas ... (Brenner) 6) p. 2-6; Policy 2A-12: Adoption of residential, industrial and commercial comprehensive plan... (Brenner) 7) p. 2-12; Policy 2F-4: Review and adopt, where appropriate, incentive programs such as cluster density bonuses in urban growth areas, purchase of development rights, transfer of development rights and tax deferrals. (Brenner) 8) p. 2-4; lines. 31-35: A key need for meeting land demands to generate family wage employment is land that is "ready to go" for industrial development. Many potential industrial employers seeking to locate in Whatcom County require large tracts of land where the infrastructure and site improvements are already in place. (Weimer) 9) p. 2-5; Goal 2A: Ensure designation of sufficient land, water and densities to accommodate the growth needs of Whatcom County and protect the local economy, rural lifestyle, July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 2 — Land Use habitat, fish and wildlife which are the cornerstone qualities that make the county a desirable place to live. (Weimer, Donovan) 10) p. 2-6: Policy 2A-7: Establish sufficient levels of developable residential, commercial, and industrial lands informed by approved population and economic forecasts, inventory of existing use, land capacity outside of critical areas and buffers, cost of infrastructure, legally available water, and goals and policies of all chapters of this plan. (Weimer) 11) p. 2-6; New Policy 2A-14: Strive to establish by December 2017, a clear, predictable, and fair process for allowing expansion of urban growth areas that considers reasonable measures to mitigate the impacts of growth. This process should include: Convening a multi -stakeholder work group, including the Cities, tasked with: • Reviewing the current TDR and PDR programs. • Identifying political, financial, and regulatory barriers to effective TDR and PDR programs. • Identifying opportunities and solutions for creating a workable TDR program. • Identifying mechanisms to create a PDR fund that could be used to protect important agricultural and rural lands. • Recommending policy and regulatory amendments necessary to implement the above policy. • Identifying proposed sending areas in critical areas, the Agricultural Zone, and the Rural Study Areas. • Identifying receiving areas. • Identifying other factors and/or growth management tools. Based upon the findings of the multi -stakeholder work group, consider strategies that could require purchase, transfer or otherwise incentivize removal of potential development rights form rural or resource lands in exchange for UGA expansion and other upzones. (Staff) Changes Approved April 1) p. 2-8; Policy 213-7: Master Planned Resorts should only include other residential uses within its their boundaries if residential uses are integrated into and support the on -site recreational nature of the resorts.... (Brenner) 2) p. 2-11; Policy 2D-9 (In. 34):... or zone 6 (traffic pattern zone) as shown eta in the Safety Compatibility Zone Examples... (Brenner) 10 469 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 2 — Land Use 3) p. 2-13; lines 32-35: Property rights are an important issue in Whatcom County. their. land as they wish Land can be used as desired as long as it doesn't conflict with the rights of others. It is not necessary for the preservation of property rights and protection of the environment and resources to conflict with one another. (Brenner) 4) p. 2-14; Policy 21-1-2: Establish incentive programs such as cluster density bonuses in urban growth areas, purchase of development rights and voluntary, workable transfers of development rights, where appropriate, to compensate property owners wfaew if rights are unduly infringed upon. (Brenner) 5) p. 2-18; Goal 2M: Protect and encourage restoration of habitat for fish and wildlife populations including adequate in -stream flows. (Weimer) 6) p. 2-19; New Policy 2M-7: Remain aeth Engage in efforts to better define ground water resources and connection to surface water, current water usage, water rights, adequate in -stream flows, and policy barriers that create conflicts between these things. (Weimer) 7) p.2-25; Policy 2Q-5: Encourage and assist the citizens of Birch Bay and Columbia Valley Urban Growth Areas with theFequiFementsto incorporateion when appropriate. (Brenner) 8) p. 2-27; 2S-5: Annually monitor population growth and publish a report no later than November 1 of each year that analyzes population growth trends over throe -five years in comparison with the adopted population growth projections. If the trend over seveFal7five years indicates that population growth in urban growth areas is significantly higher than adopted projections, coordinate with the cities to consider appropriate action. Actions may include amending growth projections, or amending urban growth area densities or boundaries. (Donovan) 9) p. 2-35: Bellingham UGA Map: Amend map to show South Caiac and South Yew Street as UGA Reserve. (Donovan) 10) p. 2-102; lines 36-38: Oell*ngham Urban The south Yew St. and the south Caitac areas have been designated as Urban Growth Area Reserves. Prior to re -designating the south Yew St. area to UGA, need for additional land capacity must be demonstrated, planning for adequate public facilities and services must be completed, and potential impacts on Lake Padden water quality must be addressed. Prior to re -designating the south Caitac area to UGA, need for additional land capacity must be demonstrated and planning for adequate public facilities and services must be completed. (Staff) 11 470 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 2 —Land Use Changes Approved April 1 3) p. 2-18; Policy 2M-6: Engage the Wildlife Advisory Committee to develop recommendations of critical habitat and species protection areas, and for a system to monitor the status of fish and wildlife habitat function. (Browne) 10) p. 2-73; lines 31-34: In 2010, the DNR recognized the need to "protect the significant environmental resource of aquatic lands at Cherry Point" (CPAR Management Plan p. 1),-and completed the Cherry Point Environmental Aquatic Reserve Management Plan, and designated the Cherry Point Aquatic Reserve to ensure long-term environmental protection of the area. (Donovan) 12) p. 2-74; lines 6-13: The Management Plan acknowledges that the existing industries, complying with laws and regulations, do not conflict with the Aquatic Reserve although their activities may pose risks for the A ug atic Reserve. Indeed, the industries' need for buffer space and their compliance with shoreline management requirements means that much of the A vatic Reserve shoreline is in substantially natural riparian vegetation and bluff processes proceed without interference. Existing industries can serve the A ug atic Reserve's objectives so long as they are managed according to the Plan and so long as the lessees actively work to further goals for the Reserve (CPAR MP p. 2). (Weimer) 13) p. 2-77; New Policy 2CC-2 (renumber existing 2CC-2 and subsequent 2CC policies): Ensure that developments in the Cherry Point UGA maintain management plans to accomplish the goals of the Aquatic Reserve Management Plan. (Donovan) 14) p. 2-77; Policy 2CC-7: Resist inclusion of Exclude Cherry Point as part of any future incorporation of Birch Bay. (Brenner) 15) p. 2-82; Policy 2DD-1: Concentrate growth in urban areas per the population projections in Chapter 1 of this plan, and recognize rural lands as an important transition area between urban areas and resource areas. As part of the population growth monitoring report required in Policy 2S-5, compare non -urban population growth trends with the adopted non -urban population growth projection. If the trend over cavar-a1 five years indicates that non -urban growth is significantly higher than adopted projections, the County shall take action to address the discrepancy.... (Weimer) 17) p. 2-128; Policy 2VV-7: Correctional facilities... New facilities should be located:... 12 471 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 2 —Land Use • At least one quarter mile from public and private schools. (Weimer) 18) p. 2-23; Goal 2P: ..d eRraeWage FemaiRiRg s.M.aller..ities to establish RAW resident �l developmem a% aveFage densities Of fQUF URitS per net- residential aGFe, whole Whatcom County seeks to support and encourage the cities in efforts to increase residential densities within their iurisdictions throughout the planning period, as a way to increase vitality, reduce the cost of services, manage outward growth, and protect the environment. The County encourages cities to approve new residential developments at city-wide average net densities as shown below, while respecting unique characteristics of each city: • Bellingham — six to 24 units per net acre; • Ferndale — six to 10 units per net acre; • Lynden — six to 10 units per net acre; • Blaine — four to six units per net acre; • Everson - four to six units per net acre; • Nooksack - four to six units per net acre; and • Sumas - four to six units per net acre. The County should approve new residential developments at overall average net densities as shown below, while respecting unique characteristics of each community: • Birch Bay - five to ten units per net acre; and • Columbia Valley - four to six units per net acre. (Staff) Changes Approved May 1) p. 2-5; Goal 2A: Ensure designation of sufficient land and densities, with consideration of water availability, to accommodate the growth needs of Whatcom County and protect the local economy, rural lifestyle, habitat, fish and wildlife which are the cornerstone qualities that make the county a desirable place to live. (Weimer) 2) p. 2-6; New Policy 2A-15: Strive to improve predictability to property owners regarding the connection between legal water use, and land use and development by: • Supporting completion of groundwater studies that provide a better understanding of water quantities available and the connection between groundwater use and in -stream flow levels. 13 472 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 2 — Land Use • Supporting the efforts of water purveyors to develop new legal water sources and the infrastructure and systems necessary to transport that water to existing water users that lack safe potable water or sufficient water rights. • Encouraging a negotiated water rights quantification and settlement between the Lummi Nation Nooksack Indian Tribe and other water users in the Nooksack River basin. • Encouraging the Department of Ecology to protect instream flows, particularly in times of extremely low summer flows. • Coordinating with the Department of Ecology to find solutions to provide adequate water for out -of -stream users while protecting in -stream flows. Potential solutions may include consideration of recycling, conservation, water banking, public water system interties, stream recharge augmentation, change in place of use, desalinization, and other alternative water supply measures. • Request the Department of Ecology to create a water management plan for exempt wells in closed water basins that better aligns in -stream flows with current water rights and legal decisions on hydraulic continuity. (Weimer) 3) Reject proposed expansion of Birch Bay UGA. (Donovan) Changes Approved day 1.0 1a) p. 2-28; Restore language in Goal 2T: Establish Urban Growth Areas within which annexations and urban levels of development can occur and outside of which urban levels of development will not occur. This is intended to be a sprawl preventing measure. (Donovan) 1b) p. 2-28; New Policy 2T-1 and renumber 2T policies: Discourage UGA expansion that does not border an incorporated city. (Donovan) 1c) p. 2-28; UGA map: Restore the Birch Bay UGA map to previous map with no extension into the floodplain. (Donovan) 2a) p. 2-100; Restore and edit Sudden Valley to Chapter 2: Sudden Valley Sudden Valley was established in the early 1970s as a recreation/resort area located on the shore of Lake Whatcom, entirely within the Lake Whatcom Watershed. Over the last thirty years it has developed into a semi -urban 14 473 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 2 — Land Use residential area. Sudden Valley is organized as a homeowners association which maintains and operates common facilities and land. Despite its recreational beginnings, this unincorporated area is now composed primarily of permanent residents —numbering approximately 7000—with some recreational units and second homes as well. Water and sewer are provided by the Lake Whatcom Water and Sewer District. Public transit service is provided by the Whatcom Transportation Authority (WTA). Natural gas is available only to limited portions of Sudden Valley. Security is provided by a very small, private, contracted force and the Sheriff's Department. There is a small commercial area surrounded by Sudden Valley, and an immediately neighboring station of the South Whatcom Fire Authority. The area includes Lake Whatcom shoreline with lake access, as well as wetlands, natural preserves, and land that will remain forever undeveloped. Of its 1,545 acres, 835 acres — over half — are permanent open space with established parks, trails, and recreational areas, with an additional 140 acres of golf course. Sudden Valley lies within the Lake Whatcom Watershed where limiting development has been identified as desirable. As a result, Sudden Valley is not a candidate for incorporation or UGA status. However, because Sudden Valley represents a sizable population, the Sudden Valley Community Association (SVCA) is a recognized participant in County and Lake Whatcom planning. 2b) New Goal 2NN: Recognize Sudden Valley as a Rural Community (Type 1 LAMRID) with unique challenges that require active participation in the planning process. 2c) New Policy 2NN-1: Liaison with SVCA on issues of mutual concern in Sudden Valley. 2d) Move Policy 2NN-2: Facilitate meeting the unique needs of Sudden Valley due to its location within the Lake Whatcom Watershed. (From p. 11-33; Policy 11K-14) 2e) Move Policy 2NN-3: Recognize the existing parcelization and the commitment for development of the remaining multi -family parcels in Sudden Valley. (From p. 11-33; Policy 11K- 15) 2f) Move Policy 2NN-4 (as edited by Council): Work with the Community Association towards voluntary density reduction of additional lots within Sudden Valley. (From p. 11-33; restored Policy 11K-16) 2g) Move Policy 2NN-5 (as edited by Council): If vacant lots in the Lake Whatcom watershed come available due to a tax foreclosure the County may acquire them, remove the developments rights and then place them back on the market through the public auction process to recover any residual value. (From p.11-33; Policy 11K- 16) 15 474 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 2 —Land Use 2h) Move Policy 2NN-6: Support Lake Whatcom Water and Sewer District's effort to maintain adequate sewer capacity and control stormwater run-off in keeping with appropriate environmental controls and the Sudden Valley Community Association's density reduction goal. (From p.11-33; Policy 11K-17) 2i) Move Policy 2NN-7: Work with all parties to maintain, and appropriately plan for infrastructure, public services, and stormwater retention so that Sudden Valley can develop to its appropriate potential. (From p.11-33; Policy 11K-18) (Staff) 1) p. 2-73; lines 37-41: The reserve extends from the southern boundary of Birch Bay State Park to the northern border of the Lummi Indian Nation Reservation. The site excludes three existing aquatic land leases (BP, Intalco, Phillips 66 shipping piers) and one proposed aquatic land lease (Gateway P^^ifi^ Te..... im-I si%e). (Brenner) 2) p. 2-92; Policy 2GG-3: Proposed uses and densities within the Rural designation should reflect established rural character. Rezones within the Rural designation should be consistent with the established rural character and densities. Land in the R10A district may be rezoned to a rural zone that allows a higher density only if:... (Donovan) Changes Approved March 2 1) p. 2-13; Policy 2F-6: Monitor incentive programs on a five-year basis to ensure the comprehensive plan goals are being achieved. Develop an alternate approach if necessary u, sing adaptive management steps to effect compliance with individual programs. (Brenner) 4) p. 2-78; New Policy 2CC-13: Cooperate with the DNR and existing industries to monitor the effects of industrial activities on water quality and habitat functions in and adjacent to the Cherry Point Aquatic Reserve. (Brenner) 5a) p. 2-6; New Policy 2A-14: Strive to establish by December 2017, a clear, predictable, and fair process for allowine expansion of urban growth areas that considers reasonable measures to mitigate the impacts of *FeyA4 residential development in rural lands, agricultural areas (broadly defined), and sensitive watersheds. This process should include: 1) Consultation with a focus group of potential TDR/PDR users in the building industry. 2) Convening a multi -stakeholder work group, including the cities, tasked with: • Reviewing the current TDR and PDR programs. • Identifying political, financial, and regulatory barriers to effective TDR and PDR programs. 16 475 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 2 — Land Use • Identifying opportunities and solutions for creating a workable TDR program. • Identifying mechanisms to create a PDR fund that could be used to protect important agricultural and rural lands. • Recommending policy and regulatory amendments necessary to implement the above policy. • Identifying proposed sending areas in critical areas, the Agricultural Zone, and the Rural Study Areas. • Identifying receiving areas. • Identifying other factors and/or growth management tools. • Exchangeable development rights that have economic value, with the potential for multiple methods of assigning and converting value. • Interlocal agreements that grant economic value to exchangeable development rights and that insure development rights can be used in receiving areas. 3) Based upon the findings of the multi -stakeholder work group, consider strategies that could require purchase, transfer or otherwise incentivize removal of potential development rights form rural or resource lands in exchange for UGA expansion and other upzones. (Donovan) (alternative to 4b) 17 476 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-778-5900, TfY 800-833-6384 360-778-5901 Fax Memorandum TO: Honorable Whatcom County Council Members FROM: Mark Personius, Assistant Director PDS DATE: 07/5/2016 SUBJECT: Cherry Point UGA Policies J.E. '"Sam" Ryan Director At the July 5, 2016 Committee of the Whole meeting regarding the Comprehensive Plan Update, several new policies and narrative text were proposed in the Cherry Point UGA section of Chapter 2—Land Use. These suggested policy changes would have the effect of significantly limiting potential new and/or expansion of existing heavy industrial activities and uses that process fossil fuels in the Cherry Point UGA. These proposed policies would constitute a significant change in land use/shoreline policy for the County affecting Cherry Point. There are potential legal and regulatory consistency issues raised by these proposals as well as potential economic development and fiscal impacts to be considered. These proposed changes were introduced after the Planning Commission had completed their review and recommendations on the 2016 Comprehensive Plan Update and were not considered as part of the SEPA environmental review process for the 2016 Comp Plan Update. Council referred the proposed amendments to PDS staff for further review. Staff recommends that a change of this degree, with new policies and implications to consider, warrants more review than we are able to give it within the current timeline for the Comprehensive Plan Update. The public should have more of an opportunity to review and comment on the changes as the proposed policies have the potential to affect many different stakeholders. Given the potential implications of these proposed changes and to provide for more thorough review, evaluation and public input, PDS staff recommends Council consider substituting the following new policy in -lieu of the proposed Cherry Point UGA narrative and policies included in the July 5th Council agenda packet (including proposed changes to Policies 2CC-2, 2CC-10, 2CC-13 and 2CC-14): Policy 2CC- The County shall examine existing County laws, including those related to public health safety, fety, development building zoning, permitting, electrical, nuisance, and fire codes, to develop recommendations for addressing the export of fossil fuel and encouragement of renewable energy. This review will include analysis of any legal advice freely submitted to the County by legal experts on behalf of a variety of stakeholder interests, and make that advice public as part of the report. Based on recommendations the Council may docket and develop proposed Comprehensive Plan amendments and associated code amendments for further consideration. Thank you for your consideration on this matter. 477 HATCONI COON Y COQDNM AGENDA BILL NO. AB2016-047K CLEARANCES Initial ®ate 1 ®ate Received in Council Office Agenda Late Assigned to., Originator. t Cliff Strongy$/9S 3 Natural Resources ? 2/23/2046 committee Division Head: 1 Mark Personius ( 4/5/2016 SCOTW r Dept. Head: �"" Sam. R an l ✓� �! "! 4 j; 4/19/2016 SCOTW ProsecutorFEB Royce Buckingham °� i" 5/3/2016 SCOTW '�- r�s.�;. e �,,�, 4 i 5/17/2016 Public -Hearing PurchasinglBudget / . I,4 ti 5 t a� 5/31 2016 SCOTW - CO3��, 6/21/2016 SCOTW Executive: e' "a 6%�$72016 S Jackt_ouws 7/5/2016 SCOTW -- __ TITLE ®F®C&JIIi{�'. CONT . ON ATTACHED PAGE Discussion and preliminary Council direction on Comprehensive Plan Chapter 11, Environment 11, ''ATTACH ra Preliminary draft, Comprehensive Plan Chapter 11, Environment Related paperwork can be found at: www.co. whatcom. wa. us/2346/Comprehensive-Platedate-Process SEPA review required? (A ) Yes t ( Should Clerk schedule a hearing? ( )Yes ( J atl0 SEPA'review completed? (X ) Yes ( )NO t SUMVARYSTATENENT OR LEGAL r TICE LAaNGUAGEe (1f this item is an ordinance or requires a public hearing, you must I. provide tite language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in e:(slaining the intent of the action.) The Whatcom County Council will hold a public hearing on May 17, 2016, regarding the periodic update of the Whatcom County Comprehensive Plan, Chapter 11, Environment (AB2016-047K). This hearing will give the public an opportunity to provide comments to the County Council relating specifically to Chapter 11. (' The Council is conducting the Whatcom County Comprehensive Plan and urban growth area 9 (UGA) review as required by the Growth Management Act under RCW 36.70A.130. It is anticipated that the County Council will adopt an ordinance amending the Whatcom County Comprehensive Plan and UGAs by the end of June 2016. 1 kk.'2/23/2016: Briefed and discussed 5/17/2016• Public Testimony Received ' 4/5/2016: Discussed and provided preliminary direction( :4/19/2016: Comments received 15/31/2016: This item was not discussed 14/19/2016: Discussed and proved preliminary direction.. 15/3/2016- Comments received } 5/3/2016: Discussed and provided preliminary direction 6/21/2016: Comments received; did not discuss 6/28/2016- Comments received, but did not discuss :7/5/2016: Comments received and prelim. direction given. - CONTINUED ON ATTACHED PAGE ........... Related File: Ordinance ®r l$�'S®Idddt®8I Number. AB2016-047: 1 Phase Piot°e, Once adopted and signed, ord%ances and resolutions are availabl-e fair -viewing and printing on the County's website at. MW WHATCOM COUNTY COUNCIL AGENDA BILL Page Two AB2016-04K COMMITTEE ACTION.• Agenda Date Assigned to: 711212016 SCOTW COUNCIL ACTION.• 479 County Council Preliminary Draft May 3, 2016 ter 11 - Environment 1 Chapter Eleven 2 Environment 3 4 Contents 5 Introduction.................................................................................................. 6 Chapter Organization.................................................................................. 7 Purpose..................................................................................................... 8 GMA Goals and County -Wide Planning Policies ................................................ 3 9 GMA Requirements..................................................................................... 3 10 Environmental Setting................................................................................. 11 Environmental Management............................................................................ 12 Introduction............................................................................................... 13 Background Summary................................................................................. 14 Issue, Goals, and Policies............................................................................. 6 15 I Community and Environmental Protection .................................................. 67- 16 Administration and Regulation................................................................... 8 17 I The Environment and Property Rights......................................................9-1-G 18 Climate Change...................................................................................... 11 19 Natural Hazards........................................................................................... 1 20 Introduction.............................................................................................. 13 21 Background Summary........................................................................... . 14-13 22 Issues, Goals, and Policies.......................................................................... 1 23 Water Resources..................................................................................... 1 -- 24 Introduction......................................................................................... 212-0 — 25 Background Summary................................................................................ 21 26 Whatcom County Water Resource Programs...............................................22 27 Issues, Goals, and Policies...................................................................... 232-2 28 Watershed Planning and Management ................................................... 232-2 29 Surface Water and Groundwater........................................................... 2524 30 Stormwater and Drainage........................................................................ 26 31 Water Conservation............................................................................ . 31 32 Lake Whatcom Watershed.................................................................... 3134 33 Natural Systems...................................................................................... 33-3-2 34 Introduction......................................................................................... . 33 -- 35 Background Summary........................................................................... 4 -- 36 Fish and Wildlife Populations and Habitat ............................................... 3433 37 Marine Resources Management............................................................. 3584 Whatcom County Comprehensive Plan 11-1 E'1 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 Shoreline Management Program........................................................... 3736 2 Issues, Goals, and Policies...................................................................... 3736 3 General - Natural Systems................................................................... 3736 4 Fish and Wildlife Populations and Habitat ............................................... 393-8 5 Wetlands........................................................................................... 414G 6 Marine Habitat.................................................................................... 4342 7 Other Marine and Marine Dependent Organisms and Systems ................... 4646 8 9 Introduction 10 Each person in Whatcom County has a fundamental right to a healthful and safe 11 environment in which to live and grow. With this right comes a responsibility to 12 contribute to the protection and enhancement of our natural environment. 13 Consequently, an important goal of the Whatcom County Comprehensive Plan is to 14 protect or enhance the county's environmental quality. This means that, individually 15 and collectively, we have the obligation to protect these resources for our children 16 and their children. Essential to this is the establishment of safe development 17 1 practices and patterns that do not significantly disrupt natural systems and that 18 ensure the continuation of ample amounts of clean water, natural areas, farmlands, 19 forest lands, and fish and wildlife habitat. 20 Chapter Organization 21 This chapter is composed of an introduction and four sections organized by topic 22 heading. The first section, entitled "General Environmental Management," 23 addresses general environmental goals and policies. The remaining three sections 24 deal with Natural Hazards, Water Resources, and Natural Systems. An "etien 25 26 and -pelieies—Together, the elengents sections of this chapter provide the direction 27 necessary to ensure and promote long-term sustainability of the environment in 28 Whatcom County. 29 30 31 32 33 34 35 36 37 38 39 Reason for Change: Action plan has been deleted, and unaccomplished actions added to the policies. Purpose Whatcom County's natural environment, with its seasonally abundant supply of water, its beauty, and its other natural resources, has attracted people to our community for generations. This setting is important to our sense of well- beinas-pk4, to our health, to our economic well-being, and to our future. Yet sSustaining these assets in the face of increasingly intense human activity h-as becomes more difficult eve,—theeach years. The challenge of protecting this environment while accommodating growth w4+4-requires maintaining guidelines for development so that ri -growth does Whatcom County Comprehensive Plan 11-2 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 not ultimately overrun the very assets that brought most of us here. The purpose of 2 this chapter is to create such a-bftguidelines. 3 Preeesq 4 ' 5 , 6 whe were seleeted by the Geunty Executive in Octeber 1993. The ETF's 7 weFe divided —'tnte—twe—tasks! 8 cCempFehensive pPlan, 9 implement the previsions ef the CCOMPFehensive pP 10 MembeFs ef the ETF paFtieipated in the eeunty's 11 tewn hall meetings te explain the cemmittee's 12 public input i=egai=ding the enviFenment. The values and alternatives gatheF 13 threugh the Visiening Precess aFe Fefleeted in this ehapteF. 14 GMA Goals; and County -Wide Planning Policies, and Visioning Community 15 Value Statements 16 GMA Planning Goal 10, "Environment," provides the directive for much of this 17 chapter. It requires Whatcom County to "protect the environment and enhance the 18 state's high quality of life, including air and water quality, and the availability of 19 water." In addition, some of the goals and policies of this chapter support Planning 20 Goal 9, "Open Space and Recreation," which directs the county to "conserve fish 21 and wildlife habitat." 22 Relative to environmental protection, Whatcom County's County -Wide Planning 23 Policies (CWPP) give the most attention to water issues. They state, "The quality of 24 life and economic health of Whatcom County communities depend on the 25 maintenance of a safe and reliable water supply. All jurisdictions and water 26 purveyors should cooperate to ensure the protection and quality of the area's water 27 resources." Five-sSpecific policies address water, promoting inter -jurisdictional 28 cooperation in conserving, protecting, and managing the water resource, and in 29 reducing water pollution. The CWPP also support protecting wildlife habitat and 30 corridors, natural drainage features, and "other environmental, cultural and scenic 31 resources." 32 GMA Requirements 33 The GMA alse-requires Whatcom County to identify and manage critical areas in 34 such a manner as to prevent destruction of the resource base and reduce potential 35 losses to property and human life. The GMA has identified Critical Areas to include 36 the following areas and ecosystems: 37 • Wetlands 38 I • 39 waterCritical Aquifer Recharge Areas 40 • Fish and wildlife habitat conservation areas Whatcom County Comprehensive Plan 11-3 MM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment Frequently flooded areas Geologically hazardous areas- :. :. .: - - - - - - - •..........- �- - ; TM �-Wfkyelwn RE - Reason for Deletion: These references are old. Newer, pertinent documents are referenced below and in the bibliography. Environmental Setting Whatcom County bedrock geology can be divided provinces. From east to west these provinces are the Crystalline Core, the Northwest Cascades System, the Juan Island system. Tectonic activity over the past 15 present North Cascades and the formation of Moun composite volcano. t into five bedrock geologic Methow terrain, the Cascade Fraser Lowland, and the San million years has created the Baker, a 10,000-foot high The mountains of Whatcom County, as well as the streams, lakes, valleys, a-nd-hills, and shoreline,h.,,�aElnffes are the result of millions of years of geologic events. Over 2.5 million years ago, during the Ice Ages, glacial ice invaded the Puget Sound lowlands from the north at least four times, with the last major glacial event, the Fraser Glaciation, ending approximately 12,000 years ago. A minor advance of glacial ice, the Sumas Advance, ended approximately 10,000 years ago. The ice formed from the accumulation of snow in the British Columbia Coast Range and interior of British Columbia. Numerous glaciers are still present within the mountains of Whatcom County, and some of these mountain glaciers formerly extended far down the mountain valleys of the County. The underlying bedrock was deeply eroded during these glacial events creating very steep mountainsides, and in some areas, particularly in northwestern Whatcom County, a thick sequence of glacial related sediments was deposited. The glacial ice was approximately 6,000 feet thick in the vicinity of Bellingham. Whatcom County Comprehensive Plan 11-4 MW County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 Two main glacial advances are the most important to our area, the Salmon Springs 2 glaciation and the later Vashon glaciation. Each time the massive glacier advanced, 3 it dammed up the Puget lowlands to form a huge lake. As the floating ice melted., 4 sand, gravel, clay and occasional boulders would melt out of the ice and fall to the 5 sea floor. This deposit, the Bellingham Drift, covers the ground surface over a large 6 area of western Whatcom County. Each time the Ice Age glacier advanced, it also 7 compacted underlying sediments with its great weight. It created a concrete -like 8 material called "till" (also known as "hardpan") beneath it. Because the Bellingham 9 Drift consists primarily of clay and silt, it is relatively impermeable; water tends to 10 accumulate on the ground surface. Wetlands are common on the Bellingham Drift. 11 On the bottom of the lake, "rock flour" —the finely ground remains of rocks 12 pulverized by glacial action —settled out. These deposits became the familiar "blue 13 clays" of the Puget lowland. The milky color of the Nooksack River is due to the 14 same kind of rock flour, created by glacial activity on the slopes of Mount Baker. 15 Additionally, each time the glacier retreated, water from the melting ice deposited 16 thick layers of sand and gravel known as "outwash." The outwash areas are 17 typically where we find our most productive aquifers, since these loose sands and 18 gravel are porous and drain rapidly. While these areas absorb rainwater for our 19 later use from wells, they are also vulnerable to contamination. An example of this 20 phenomenon is found in the outwash sands and gravels resulting from the Sumas 21 Advance. Large melt water streams and rivers flowed from this glacier depositing 22 the Sumas Outwash sands and gravels. The Sumas Outwash sands and gravels 23 make up the best non-floodplain farmland in the County and some of the highest 24 quality construction gravel depositsaswell. Abandoned outwash channels were 25 formerly used as sources of peat. 26 I Each of these glacial sediments —lake bed deposits, till and outwash—is present in 27 various places pli�and in varied combinations in Whatcom County. 28 These sediments provide both the formations that hold the groundwater for many 29 of the area's wells, and the parent material for most of the different soils. 30 Out of these long physical processes a complex natural ecology has emerged that 31 supports a diversity of wildlife. Many of our lakes, rivers, and streams support fish 32 including, but not limited to, native species such as the five pacific salmon 33 (Chinook, Coho, Sockeye, Chum, Pink) as well as Steelhead, Rainbow Trout, 34 Cutthroat (coastal and resident), Bull Trout, and Dolly Varden. Every year salmon 35 return to spawn in the streams and rivers of Whatcom County. Bufflehead and 36 goldeneye ducks winter here. Additionally, numerous bird species including scoters, 37 snow geese, trumpeter swans, canvasbacks, cormorants, grebes, loons, and other 38 migrating waterfowl pass through every spring and fall as they travel between their 39 breeding grounds in Alaska and Canada and their wintering grounds in California 40 and Mexico. Mallards, Canada geese, great blue herons, and numerous songbirds 41 live in the county year-round. Maintaining these unique resources is a high priority 42 for both present and future county residents. Whatcom County is home to a distinct 43 subspecies of the Great Blue Heron, which is the third largest colony in the Puget 44 Sound area. The wetlands, fields, streams, and nearshore habitat in the county Whatcom County Comprehensive Plan 11-5 . ;. County Council Preliminary Draft May 3, 2016 11 - Environment 1 support many birds of special concern, such as the bald eagle (ESA threatened), 2 1 the pileated woodpecker (candidate for State threatened list), and the peregrine 3 falcon (ESA monitored). The National Audubon Society has designated Semiahmoo, 4 Drayton Harbor, and Birch Bay as "important Bird Areas." 5 Environmental Management 6 Introduction 7 General environmental goals and policies are intended to provide guidance for 8 environmental management that will promote environmental protection and good 9 stewardship practices through a balance of public education and involvement; 10 incentives, acquisition and voluntary programs; land use planning and regulations; 11 environmental monitoring; and intergovernmental cooperation. These goals and 12 policies are also intended to provide guidance to County government as it assists its 13 citizens in maintaining a balance between individual property rights, economic 14 development., and environmental protection. 17 Background Summary 18 Development in the last 100 years has had a significant impact on the natural 19 I environment in Whatcom County. At the turn of the 20t" century, the areas 20 surrounding Lynden, Sumas, and Ferndale were logged, drained, and converted to 21 agricultural land. In the intervening years, many of the remaining forests were 22 logged, many streams re-routed and channelized, and much of the native 23 vegetation removed and replaced with a wide variety of introduced vegetative 24 types. Roads now crisscross most areas, with homes, farms, businesses, and 25 industriesy scattered throughout the county. 26 Issue, Goals, and Policies 27 There are designated glands in Whatcom County that can still accommodate 28 extensive -development. T4I —_Whatcom eCounty also has areas that are sensitive to 29 human activity (wetlands, streams, lakes, marine shorelines) and lands that can 30 pose a hazard to the community (floodplains and unstable slopes). In these These 31 are the areas where development must be carefully planned or limited to maintain 32 environmental quality and public safety. This can be done through the creation and 33 implementation of goals and policies that seek to reduce hazards and prevent 34 adverse environmental impacts. 35 Community and Environmental Protection 36 The elements of the natural environment —water, air, soil, plants, and animals —are 37 interconnected and interdependent, functioning as one dynamic ecosystem. 38 Environmental resources within this ecosystem are extensive and, in some cases, Whatcom County Comprehensive Plan 11-6 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 ( irreplaceable. They provide important beneficial uses to the community such as: the 2 supply of clean drinking water; management of stormwater run-off and flood 3 hazard manpggrnentee-n�; support for a wide variety of fish and wildlife; fresh 4 airy and a sense of place that --in which ,residents invest4a, enjoy, and expect. 5 Some of these same resources result in serious environmental constraints or pose a 6 hazard to development and a danger to the community. Flooding in the Nooksack 7 River is frequent and impacts much of the valley floor. There are numerous 8 wetlands and hydric soils throughout the lowlands that provide critical wetland 9 ( functions but and are generally unsuitable for inhibit development. The steep 10 gradient and geologic structure of the mountain ranges in conjunction with heavy 11 annual precipitation can contribute to slope instability and flood -prone drainage 12 basins. 13 Much of the environmental degradation and destruction to property occurs as a 14 result of a lack of information or understanding—knewlefilge—rather than willful 15 action. Natural systems are subtle and complex. Too often both their benefits and 16 hazards are not readily apparent to the community. Additionally, baseline 17 I information is not always available to help identify pfejeet-the real costs or hazards 18 of building in Whatcom County. There is ma be -a need for further research and 19 education. 20 Goal 11A: Protect natural resources and systems, life, and property 21 from potential hazards. 22 Policy 11A-1: Support good stewardship of Whatcom County lands, and apply 23 this principle to the management of public lands. 24 Policy 11A-2: Protect the environment through a comprehensive program that 25 includes voluntary activity, education, incentives, regulation, 26 enforcement, restoration, monitoring, acquisition, mitigation, 27 and intergovernmental coordination. Y Y -d g t EnViFen ^ Y 28 Policy 11A-3: Continue to identify,- a-n� designate,,. a�cl p�otec C,Tm�,,,,-,- 29 Critical Areas and other important environmental features. 30 I Policy 11A-4: Manage designated Environmentally --Critical Areas (€CAs) as 31 neede.to minimize or protect against environmental 32 degradation and reduce the potential for losses to property and 33 human life. 34 Policy 11A-5: Actively pursue voluntary, cooperative, and mutually beneficial 35 efforts aimed at advancing county environmental goals. 36 Policy 11A-6: Aim to meet or exceed national, state, 37 and regional Fegulatiens the requi air quality standards. Work 38 with the Northwest Clean Air Agency to ensure compliance with 39 applicable air quality standards. Develop and implement Whatcom County Comprehensive Plan 11-7 M:. 1 2 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment Reason for change: No individual jurisdiction adopts its own air monitoring programs; the Northwest Clean Air Agency performs this role. 3 Policy 11A-7: SUsing Best Available Science, support efforts to educate and 4 inform the public as to the benefits of a healthy and viable 5 environment, their ecologically fragile areas, and their economic 6 and social value. 7 Policy 11A-8: C-Lead and/or coordinate efforts with property owners, citizen 8 groups, and governmental and non -governmental agencies in 9 furthering Whatcom County's environmental goals and policies. 10 Policy 11A-9: Cooperate with state and federal agencies and neighboring 11 jurisdictions to identify and protect threatened and endangered 12 fish and wildlife species and their habitats. 13 Policy 11A-10: Support acquisition, conservation easements, open space, and 14 other such programs to protect high -value natural areas as 15 identified through the GMA planning process, the Natural 16 Heritage Plan, the state Priority Habitats and Species (PHS) 17 program, the Lake Whatcom Management Program, and other 18 sources. 19 Policy 11A-11: Designate high -value open space and natural areas for 20 acquisition, conservation easements, open space, and other 21 such programs to protect these natural areas upon request or 22 consent of the property owner. 23 Policy 11A-12: Broadly inform the 6Uzefts-.people of the-Whatcom Ccounty of 24 the locations of potential development constraints associated 25 with natural conditions. Information should include known 26 natural hazards; and an assessment of the potential danger to 27 both the property owner and the public. 28 Administration and Regulation 29 There are currently a multitude of regulations and administrative processes at the 30 1 federal, state and local level that, together have become excessive and difficult to 31 understand. Conflicting regulations and complicated administrative processes can 32 create undue hardship on community members and result in reduced levels of 33 environmental protection. e: '!een,&_- n,,tira, me r.-ai 34 35 r if "j f, k :its ,i" .t :1 p( :X lti `. i " �.,� _, _ �_ .., 36 . rr�'i �f �- �. ?, .�� v ... t tc,, E z ,.1; fz 1 .. 4.. . , 37 �����.'���:�-_ 6�egulat inspection and enforcement of environmental re ulations 38 are currently inconsistent and lack effectiveness. The combination of comilex 39 regulations and inadequate enforcement have led to a lack of administrative 40 predictabfft widgeWread violations, and ultimately to environmental deterioration. Whatcom County Comprehensive Plan 11-8 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment -tar,,Ir nait in, n ci u i cl 0 n ........ ...... - - --------- .. ..... . . 2 c r v h- 3 4 Reason for Change: Amended by the P/C because they thought the language too negative. 5 Goal 11113: Simplify and harmonize regulations E-i-a-s-e-i 6 e,,-, i otdrcmirrvfi 1-'g-'gur+ 7 ft Ma - ee'4e'arr de-, im?, - -relating to the identification, 8 delineation, and protection of environmental features. 9 Policy: 1113-1: Develop, as a significant prif�component of a comprehensive 10 environmental management program, non -regulatory measures 11 that include voluntary activity, education, incentives, 12 restoration, acquisition, advanced mitigation-',,.er'',"'-'�--'r--�'itif,-Aa i, ion 13 done a ,'J v a r, c'-, e o f i - rn r and intergovernmental 14 coordination. 15 Policy 1113-2: Provide incentives for good stewardship of the land through the 16 use of non -regulatory and innovative land use management 17 techniques. 18 Policy 1113-3: Support education as an important tool in developing public 19 appreciation for the value of natural systems and provide the 20 public with informational materials and presentations relating to 21 natural system functions, regulations, and issues. 22 Policy 1113-4: Promote cooperation and coordination among involved 23 government agencies when multiple agencies have jurisdiction 24 over aspects of a single project. 25 Policy 1113-5: Process the environmental review of building and development 26 permit applications within an established timeframe that is 27 predictable and expeditious. 28 Policy 1113-6: Provide clear, timely, appropriate, and understandable direction 29 to citizens, developers, and property owners. 30 Policy 1113-7: IZ--- Simp, I,Y, ...,Ensure regulations as as simple as possible and 31 establish —maintain -effective inspection, compliance, and 32 enforcement measures. 33 Policy 1113-8: Recognize the policies of the Whatcom County Shoreline 34 Management Program as constituting a "Shoreline Element" of 35 this plan. The shoreline program regulations and policies shall 36 be considered to be consistent with this plan until sueh time as 37 38 The Environment and Property Rights 39 Prior to the 1970s, growth in Whatcom County was relatively slow and received 40 little management. As a result, private property owners were left to their own Whatcom County Comprehensive Plan 11-9 EM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment resources as they determined how best to use their land. However, as increasing numbers of people htavice-moved to this area and settled, a greater demand hwas been -placed on Whatcom County's natural resources. The problems that arise from this situation have caused many to realize that what one person does with his-ef-Lher property may have an impact on the larger environmental system that sustains us as a community and on the property -rights of other property owners. Land use decisions can no longer be considered exclusively private matters. We are aware t public actions impact every private citizen in Whatcom County and t-hwat private actions may have public consequences as well. To that end the law must protect the public good from detrimental private .actions. Nevertheless, the right of the individual to use his or her property, within the bounds permitted by law, is a value supported by law and the community and must be recognized when making land use decisions in Whatcom County. 15 1 Goal IM In implementing Whateern Gounty environmental 16 policies, provide for protection of private property rights, 17 economic opportunities, and plan appropriately for 18 growth. 19 Policy 11C-1: Actively pursue voluntary and cooperative efforts that advance 20 Whatcom County's goals in a mutually beneficial manner. 21 ( Policy 11C-2: Review eurrent eernprehensive When adopting new 22 environmental protection programs to ensure that they 23 consider multiple economic parameters including development 24 objectives,, ate -impacts, and the economic benefits of the 25 natural environment as both a resource and an amenity. 26 27 28 29 30 31 32 33 34 35 36 37 38 Fe Policy 11C-3: Emphasize an approach to environmental protection � �' use of conservation easements, open space taxation, land acquisition, purchase/volunta. ryo workable transfer of development rights, and other mechanisms to -that assist affected property owners ti rG ,r W,..raw c.�a ..# r t �.{1.',t — e`a�< ':i": F r- �. s e— t�,�.� a�"''7 � f f i; 1'i 1,+,'.�s' - "ice' t l ? ' _ . -:° ';`; . Policy 11C-4 _ Avoid standards and procedures likely to require compensation to property_ owners or invalidation of such rules__- r�=e star4d_ad- and --pi t—eq+eeofn of sue', rules, Reason for change: The P/C thought it best to avoid regulations leading to compensation for takings, rather than build compensation into the system. Whatcom County Comprehensive Plan 11-10 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 Climate Change 2 Climate chanae is a alobal phenomenon that has the potential for sianificant local 3 impacts to natural resources, ecosystem functions, as well as human health, 4 infrastructure, and the economy. In Washington State, the Climate Impacts Group 5 .(CIG), a consortium of scientists at the University of Washington, has done the 6 most extensive analysis of potential local climate change impacts in the Pacific 7 Northwest. Based on a range of climate change model projections, as well as peer- 8 reviewed scientific publications, the CIG concludes that during the next 20-40 years 9 the Pacific Northwest climate may change significantly. See Climate Change 10 Impacts and Adaptation in Washington State; Technical Summaries for Decision 11 Makers, Climate Impacts Group, University of Washington, December 2013. The 12 CIG confirms that global climate models project mid-21St century temperatures in 13 the Pacific Northwest th-a-�higher than the natural range of temperature 14 observed in the 20t" century. The CIG reports that as a result of likely climate 15 change —causing slightly higher average annual temperature —impacts to the Pacific 16 Northwest will likely affect a broad spectrum of the natural environment, but most 17 notably changes to water resources, including: 18 ® More precipitation falls as rain rather than snowfall in the Cascades due to an 19 increased snow -line elevation 20 ® Decreased (winter) mountain snowpack and earlier (spring) snowmelt; 21 ® Higher winter streamflow in rivers that depend on snowmelt; 22 ® Higher winter streamflow in rain -fed river basins resulting in scouring floods 23 that negatively affect salmon populations if winter precipitation and rain-on- 24 snow events increases in the future as projected; 25 ® Earlier peak (spring) streamflow in rivers that depend on snowmelt; 26 ® Lower summer streamflow in rivers and streams° and 27 ® Decreased water in summer for irrigation, fish, human consumption and 28 recreational use (more drought -like conditions). 29 Climate change impacts are likely to include longer -term shifts in forest types 30 and species, potentially increasing wildfire risk and greater exposure to insects 31 and disease. Nearshore and riverine fisheries may be subjected to increased 32 stress due to even lower average summer stream flows (and higher summer 33 stream temperatures) and increased acidity in Puget Sound. Agricultural sector 34 concerns include the cost of climate adaptation, development of more climate- 35 resilient technologies, and management and availability of adequate water 36 supplies. Susceptibility to natural hazards is also expected to intensify due to 37 climate change, including increased landslides erosion and coastal and riverine 38 flooding due to more winter rainfall, and potential rising sea levels. 39 In 2007, Whatcom County completed a Climate Protection and Energy Conservation 40 Action Plan that laid out specific actions and targets for reducing greenhouse gas Whatcom County Comprehensive Plan E'1 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 emissions and increasing energy conservation efforts in response to potential 2 climate change. 3 In addition many insurance industry experts are now factoring in the costs of 4 climate change into insurance premiums as the increase in the frequency and 5 severity of extreme weather events around the world results in a corresponding. 6 increase in claims costs. 7 Local government, residents and business must anticipate that as the climate 8 changes, more frequent and severe damage to private and public infrastructure will 9 occur. Maintenance costs and insurance premiums can be expected to increase 10 according. (Brownel 11 Reason for Change: Climate change was not addressed in the Comprehensive Plan 12 Goal11D Strengthen the sustainability of Whatcom County's 13 economy, natural environment, and built communities by 14 responding and adapting to the impacts of climate 15 change. 16 Policy 11D-1 Whatcom County's natural resource -based economic sectors, 17 natural systems, water resources, infrastructure, emergency 18 management, and public health all face peteig'Eially noteworthy 19 climate change related risks in the future. The County should 20 consider potential long-range climate change implications into 21 its on -going functional planning and implementation actions. 22 The County should: 23 1. Study the resilience of its natural and built environments to 24 the potential impacts of climate change; 25 2. Identify the relative vulnerability of these sectors to climate 26 change; and, 27 1,3uExamine the adaptive capacity of these sectors to cope 28 with or mitigate climate change and take advantage of any 29 beneficial opportunities. 30 Policy 11D-32 Develop strategies that encourage a diversified and sustainable 31 economy that is resilient to the impacts of climate change. 32 Policy 11D-43 Promote the efficient use, conservation, and protection of water 33 resources. 34 Policy 11D--54 Pursue strategies to reduce the vehicle miles traveled (VMT) in 35 the county by encouraging expanded availability and use of 36 public transportation, carpooling, and non -vehicular modes of 37 transportation. 38 Policy 11D--75 Establish land use patterns that minimize transportation -related 39 greenhouse gas emissions and encourage the —preservation of 40 natural resource lands _and _the protection of water_ resources_ Whatcom County Comprehensive Plan 11-12 Mall 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment Policy 11D-6o _ Convene a climate impact advisory committee by 2017. The advisory committee should consist_ of (but not be jimited tot gents_ i,n enemy efficiency and carbon emission reduction, representatives from Whatcom County, and interested community members. The committee will be tasked with: ® Evaluating Whatcom Coun_ ty's_ co Lance with _meeting targets set forth in the 2007 Climate Plan; ® Establishing new targets that meet or exceed state_ and federal climate impact goals; ® Updating the Climate Plan at minimum every five years, or as needed to meet targets; ® Recommending updates to the Whatcom Count Comprehensive Plan in accordance with meeting Whatcom County's emission reduction goals; and ® Ensuring t.hai Whatcom County government facilities and operations are designed to meet _ or exceed goals and standards resolved in the current Climate Protection and Energy Conservation Action Plan. Policy 11D-7: Encourage sustainability by developing strategies and practices to increase the use of renewable, net -neutral carbon energy in Whatcom Counly_ facilities and County vehicles, with a goal of net zero man-made carbon emission by-2050. Policy 11D-8: Encourage sustainabilijby develo ing strat__egies and practices to reduce landfill waste from Whatcom County government facilities to near zero. Policy 11D-9: Identify responsible parties and agencies and encourage them to identify and properly seal and/or burn .methane that is escaping into the atmosphere from wells. Reason for Change: Address most current scientific assessments of potential, local climate change impacts. 31 Natural Hazards 32 Introduction 33 The location, climate, and geology of Whatcom County combine to create many 34 natural hazards to people and their developments. Earthquakes, volcanoes, 35 ( landslides, and flooding str- ngs and FiveFsare some of the major natural hazards 36 found in our region. Additionally, old mines are scattered around the county that 37 could be dangerous to the community. Natural Hazards goals and policies are 38 intended to provide guidance to county government as it assists its citizens in 39 effectively managing natural hazards in a manner whiehthat minimizes the danger Whatcom County Comprehensive Plan 11-13 492 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 to each member of this community, while continuing to provide for economic 2 opportunities. 3 Background Summary 4 ( Natural Hazards include the following (Map 2711-4): 5 Landslide Hazards - The geologically recent retreat of glaciers from the Whatcom 6 County landscape, succeed by contemporaneous geomorphic processes of erosion, 7 sediment transport, deposition, isostatic rebound and tectonic u I%t has left many 8 hillsides over -steepened and susceptible to naturally occurring and human- 9 triggered slope failure l-a,=�'s„� and erosioneaFth-rnevem . Several large, well- 10 known landslides are presently active e*�,s in Whatcom County, such as the Swift 11 Creek Slide on Sumas Mountain 12=z=ee-k ` t x-;5 _.. In addition, numerous. large-scale pre -historic slope failure 13 deposits have been mapped by past workers and are readily identified in more 14 recently available LiDar imagery. Various slope failure processes contribute to the 15 mosaic of landslide hazards present in the Gcounty 16 set is-e 1IA -1a and the 17 potential exists for a multitude of impacts ranging from_periodic small- to large- 18 scale rockfall and slides, ass v.-ell a-s-t-h-ePEAial-for massive debris slides and 19 /avalanches, destructive debris flows, and deep-seated earthflows, slumps and 20 slides These landslides processes act on �°,� h--fhe 21 large- and small-scale, and though much less catastrophic in nature, smaller 22 landslides occur more frequently and pose a continual y, hazard to County residents 23 and infrastructurealso exist in- . in -a ILJI jf 24 pfesern, e--of-eCertain types of geologic conditions and formations afe-commonly 25 cause landslides, namely the Chuckanut Formation and 26 the Darrington Phyllite, but are also frequently observed in unconsolidated glacial 27 sediments, in the presence of day -lighting_ groundwater seams and springs,on 28 slopes in excess of 35 percent, along coastal bluffs and in areas of fluvial. 29 erosion susceptible to !-e-erta eo its®ns In- }"^ ' a 19�-4-I��� s 30 - c d-wher-e 31 -i eta . 32 1 Reason for Change: "Updated due to updated knowledge. 33 Alluvial Fan Hazards - Alluvial fan hazards areas exist where steep mountain 34 streams flow onto floodplains or into lakes and deposit debris and sediment. 35 Because these streams are steep and flow in confined canyons, they can carry more 36 sediment and debris than a similar -sized stream flowing over flat land. During a 37 large storm, streams on alluvial fans can create catastrophic flooding and debris 38 floods, such as were experienced in 1983 in the Lake Whatcom area. During this 39 storm event, the Sudden Valley development on Lake Whatcom incurred significant 40 damage to property from flooding and debris flows on the Austin Creek alluvial fan. 41 Flood Hazards - Heavy winter rains and a transient snowpack combined with the 42 steep and sometimes unstable slopes of Whatcom County's foothills create Whatcom County Comprehensive Plan 11-14 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 conditions ideal for flooding and debris flows along many of our rivers and streams. 2 The Nooksack River floodplain alone covers 38,000 acres in Whatcom County. In 3 1989 and 1990, the Nooksack River overflowed and flooded lowland Whatcom 4 County causing millions of dollars of damage. During some extreme floods, the 5 Nooksack River overflows near Everson and adversely impacts residents along 6 Johnson Creek in Sumas, and in the Abbotsford area of British Columbia. It is 7 predicted that climate change will exacerbate flooding, due to increased sea I-yel 8 and changes in rainfall patterns. Significant damage may result from these such 9 floods. In 1991, Whatcom County formed a countywide Flood Control Zone District 10 to address the major flooding issues in the county. 11 12 13 14 15 16 17 18 19 20 21 22 23 37 38 39 40 41 42 43 44 Volcanic Hazards - The presence of Mt. Baker is an asset to our region. Its 10,778-foot peak is one of the dominant features of Whatcom County's landscape. However, Mt. Baker is also considered one of the most potentially active volcanoes in the Cascade Range, and of the six major volcanoes in the range, Mt. Baker is considered by geologists to be very hazardous during and after an eruption. Tfae frequency of Mt. Baker voleanie events aver -ages onee every 200 years. The last, recorded signifleant event was abeut 200 years age. Pyroclastic flows, ash flows, and especially volcanic mudflows, (also called .known as laharsh are believed to be the greatest dangers to human life and development in Whatcom County. Geologic evidence indicates that an eruption on Mt. Baker caused a major nudflew-lahar about 6,00 -6,600 years ago -that inundated the Middle Fork Nooksack Valley from its headwaters downstream past the confluence with the North Fork at Welcome. The same nudflew, ,,lahar is now known to have been over 300 feet deep in the upper reaches of the Middle Fork and extended as far east west as Nugent's Corner, . A major rnudflew-lahar along the Nooksack would divert the river from its channel and cause mass flooding. Fortunately, volcanic eruptions are infrequent with periods of hundreds and thousands of years between events, but this infrequency also makes forecasting a volcanic eruption extremely difficult. However, a major eruption of Mt. Baker would pose a serious threat to human life and property. The deeply weathered nature of the rocks forming Mt. Baker may also fail, triggering a mudflow that would travel rapidly down the stream channels ringing the volcano and result in damage similar to that from a volcanic eruption trigger. Mapping over the past decade of other Cascade volcanoes has demonstrated massive mudflows extending from the volcanoes to Puget Sound, and from Mount Rainier and Glacier Peak. Reason for Change: According to web research, the eventfrequencydoesn't appear to be true; in fact there doesn't appear to be a'frequency to the known events. Earthquake Hazards - Whatcom County lies within the influence of the convergent date margin between the Pacific and North American Plate termed the Cascadia Subduction Zone. Regionally -extensive and damaging;—a--saaaje-r earthquakes, termed mega -thrusts, are possible when stress generated between the subducting Pacific Plate and over-riding North American Plate is released. fa-ak afe'a-@ff-t%ie--c$a�.—rhl-c:-e:.ca-scaaia sta-bd �cai��:r®�1 Z�i1e-il-a'cs-t-hrc' Whatcom County Comprehensive Plan 11-15 . •. County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 peteff ix far -A mega -thrust earthquake is capable of generating an earthquake of 2 magnitude 9, ek —or greater., and research has indicated an approximate 3 recurrence interval ofee aloes every--500-600 years. Associated with the 4 stresses generated at the convergent plate margin are shallow, crustal faults that 5 are mapped T+fis- type )f ear 1 6 throw hout Whatcom County. Earthquake activity on these fault systems is much 7 more frequent than that observed at the Cascadia Subduction Zone, and thehes 8 earthquakes Ices- new Deming area i s 9 considered one; feft-u of the 10 most seismically active areas in Washington. Recent research has shown Chet -these 11 crustal faults are capable of generating a magnitude '7 earthquake with an average 12 recurrence interval of T11 hese-typs� ee er�1 frequer�tEy f30 to 50 years en ��e 13 While all buildings are susceptible to damage from 14 seismic -shaking ear-+Ll�quakes, structures built on peat soils, -large areas of non- 15 structural fill, or liquefiable soils are prone to more severe shaking during an 16 earthquake. If the shaking is strong enough, or of sufficient duration, structures 17 may collapse, or ._ become damned due to building fatigue, ground 18 settlement liquefaction, armor lateral spreading. In addition to seismic hazards 19 posed by the Cascadia Subduction Zone, a significant mega -thrust earthquake has 20 the potential to _generate a large and destructive tsunami that has the potential to 21 affect most low -bank areas of the County. 22 1 Reason for Change: Updated due to updated knowledge. 23 Mine Hazards - Mine hazard areas are sites of abandoned underground mine 24 shafts, adits, and mine tailings. Coal mining was a major industry in Whatcom 25 1 County in the early part of the 20t" century, and several major mines were 26 developed in various parts of the county. All of the formerly active mines are now 27 no longer worked and are abandoned. For the most part these mine locations are 28 known and mapped, such as the extensive coal mines under the northern part of 29 the City of Bellingham and in the Blue Canyon area of South Lake Whatcom. 30 Issues, Goals, and Policies 31 Landslides - Siting human development on or adjacent to known landslide hazard 32 areas can create health and safety risks-fei�--h-u _eta -and 33 The risks can be elevated due to extreme 34 weather events and earthquakes-;-, but may also occur with little or no warning. of 35 +In the case of the Swift Creek LandslideStHT as in the release of asbestos- 36 laden sediment poses an additional risk to public health. Development activity can 37 a s- -de-stabilize naturally unstable slopes and impact natural systems. However, 38 Ppredicting the exact timing, location, or extent of a damaging landslide is difficult, 39 and in particular areas of the Gcounty landslide hazards are not possible to 40 com��letely mitigate or avoid. In some circumstances, the development of upland 41 properties m— -h IEe 42 I°tee Ee) , downslope neighbors and natural systems +gray -fie 43 fa-c d at risk from rockfall or landslides —a s a -result --ems Whatcom County Comprehensive Plan 11-16 MGM County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 develcent. A similar relationship holds true for development at the toe of a 2 potentially unstable slope. In either event, development in proximity to landslide 3 hazards must proceed in consideration of potential impacts in order to ensure life 4 safety and preserve and protect public and private infrastructure. 5 Reason for Change: Updated due to updated knowledge. 6 Alluvial Fans - Because alluvial fan areas are associated with streams, are 7 generally gently sloping and elevated above the adjacent floodplain, and are 8 located at the base of mountains, they have historically been popular places to 9 develop. However, once every 10-25 years, a large storm event occurs in our area 10 and ,,,.-r,-eek-,s homes and developments, causing damage to property, 11 natural systems, and sometimes loss of lives. 12 Flooding - Floodwaters from the Nooksack River can damage R+F,-:fl--homes, 13 agricultural areas, businesses, and industries in the small cities situated along the 14 river; fish and wildlife habitat and other natural systems; and disrupt transportation 15 and utility corridors. Storm tides can flood homes and roads along low, exposed 16 marine shorelines in the Birch Bay, Sandy Point, Point Roberts, and Gooseberry 17 Point areas. Homes along Lake Whatcom, Lake Samish, and Cain/Reed Lakes have 18 I also been impacted by flooding during extreme storm events. Property and public 19 safety are also impacted by rapid channel morphology eyents. 20 Volcanos - A volcanic eruption or mudflow at Mount Baker could potentially 21 severely affect river flow on the Nooksack River or Baker River and cause severe 22 property damage near the volcanoes or along mudflew lahar routes. A lahAr is a"' 23 xU d oc-er�varuatJ n n d - o--------- --..ua 9,evetep— --4- -1 -t+��--f kjea4-�s, 24 a i i d lffi a d -i 1 i c, slou ---- -------- -------- - - - ---- 25 10 F dinanee. 26 Note: The P/C added this text, modified from language submitted by the BIAWG 27 Earthquakes - A major earthquake eeuld—mayli�kel�and significantly affect 28 Whatcom County. If the shaking is strong enough, buildings may collapse, roads 29 could be damaged, and/or communications, power, and utilities could be severely 30 disrupted, mud and rock slides could occur on unstable slopes, and local sea levels 31 may change as shorelines assume altered post -quake elevations. 32 Reason for Change: Recommended changes by the Marine Resources Committee. 33 Mines - Some abandoned mine areas may pose a risk of ground subsidence from 34 the collapse of abandoned mine shafts. Air and water pollution may also be hazards 35 associated with abandoned mine tailings and trapped toxic gases. Development on 36 or near mine hazards could be adversely impacted. 37 Gas wells - Several exploratory (oil -& gas wells have been drilled around the county 38 over the last 70+vears. Some of these present r)ote.ntial environmental hazards due 39 toongoing_leakage of gas. Whatcom County Comprehensive Plan 11-17 Em County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 ®Id Landfills - There are known abandoned landfills in the County and possibly 2 some that are unknown. There are also several sites around the County that 3 contain large numbers of abandoned vehicles . and other debris. As with most 4 landfills these locations moose some decree of risk of hazardous substances leaking 5 into local aquifers. 6 Balanced Management - A central issue common to all development in natural 7 hazard areas is the need for Whatcom County to balance the responsibility of local 8 government to protect the public interest and provide for a safe and healthy 9 environment while safeguarding the rights of private property owners. 10 Economic Impact - Damage to private and public property resulting from the 11 siting of human development in areas of natural hazards is significant to the people 12 of Whatcom County. The 1990 Nooksack River floods caused over $20 million 13 ( dollars of —in damage to roads, bridges, buildings, and farmland. Disaster relief 14 efforts are expensive and dangerous to conduct during an emergency. Public efforts 15 to reduce hazards, such as the establishment of the Flood Control Zone District, are 16 also expensive. 17 Goal 11OF: Minimize potential loss of life, damage to property, the 18 expenditure of public funds, and degradation of natural 19 systems resulting from development in hazardous areas 20 such as floodplains, landslide -prone areas, seismic 21 I hazards areas, volcanic impact areas, abandoned mine 22 and exploratory as well locations, potentially dangerous 23 alluvial fans, and other known natural hazards by 24 advocating the use of land acquisition, open space 25 taxation, conservation easements, growth planning, 26 I regulations, and other options to discourage, or minimize 27 develo meat, or prohibit inappropriate development in 28 such areas. 29 30 31 32 33 34 35 36 Reason for change: We do use regulations as well as these other measures to achieve this. Policy 11DF-1: Avoid or minimize public investments for future infrastructure development on known natural hazard areas. Policy 11DF-2: UtilizeUse th-e Best Available Science to research and investigate the nature and extent of known natural hazards in the county and make this information available to the general public and policy makers in an accessible and understandable form. 37 Policy 11DF-3: Broadly inform the people of Whatcom c���s-of-tbe---e ounty of 38 the locations of known natural hazards, and the potential for 39 adverse impacts of such natural hazards to the health, safety, 40 and welfare of people and their propertyies. 41 1 Policy 119F-4: Ferngally eEstablish acceptable levels of public risk for 42 development in known natural hazard areas based upon the Whatcom County Comprehensive Plan 11-18 497 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 I nature of the natural hazard; and levels of public risk, and 2 establish maintain regulatory -criteria for approving, 3 disapproving, conditioning, or mitigating development activity. 4 -11 permitted tHT��-h-abitatlen 5 -as -ties 6 er 7 ef—the--=�atu -- evelepment)- ar-e 8 e rs-i tI p ,LO Olued-lie 9 -of s4 at ILI pted-e -ItsL -e sensitive or federally 10 ;i�t�dGr=, . 11 Policy llDF-65: Prohibit the siting of critical public facilities in known natural 12 hazard areas unless the siting of the facility can be shown to 13 have a public benefit which that outweighs the risk of siting in 14 the particular hazard area. 15 Policy ---- 16 consistent with the findings and Teeon,mendatie,7s—o; the 17 Gemprehensive F4eed Hazard M3nagement Plan. 18 Reason for Change: Similar to and redundant with new policy 11F-15. 19 Policy 119F-&76: Maintain Develop a comprehensive program of regulatory and 20 non -regulatory mechanisms to achieve Natural Hazard goals and 21 policies. This program should include such mechanisms as 22 education, tax incentives, zoning, land use regulations, 23 conservation easements, purchase of development rights, 24 transfer of development rights, and public acquisition. 25 ( Policy 11BF-987: Review and reviseBe consistent with the Natural Hazard goals 26 and policies and consider the locations of Natural Hazard Areas 27 when establishing or changing zoning patterns and densities. 30 31 32 33 34 35 36 37 38 39 40 41 Reason for Change: Policies 11F-9 -15, below, were moved from the Action Items section which is being deleted. Policy 11DF-1-998: To address the causes of floodina and avoid expensive and maintenance -intensive bank protection measures, the County sha4should prioritize its floodplain property acquisition program._ a-r-,r a;.'__.7.. -I s and maintenanee intensive bank oreteetben measures-. Policy 11DF-3-09: Ta�c stops tU dDiscourage ade.,iE.ibnalriew 3-lood-pkarr, eve opment th�_�loodpli_�_ Policy 119F-110: Require applicants for development permits located in natural hazard areas to provide development plans designed to minimize the potential to exacerbate the natural hazard as well Whatcom County Comprehensive Plan 11-19 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 as the risk of damage to property or threats to human health 2 and safety. In natural hazard areas where engineering solutions 3 cannot be designed to withstand the forces expected to occur 4 under the design event of a particular natural hazard, or off -site 5 adverse impacts to adjacent properties or natural systems 6 cannot be adequately mitigated, Whatcom County may deny 7 development permits intended for permanent or seasonal 8 human habitation. 9 Policy llDF-121: Consider conducting a public process with affected citizens, 10 technical experts, and decision -makers to establish 11 recommended levels of public risk for each of the identified 12 natural hazards. In developing recommended levels of public 13 risk for natural hazards, consider the appropriate variables 14 affecting developments in hazardous areas. These variables may 15 include: 16 • Specific types of risk associated with the particular hazard 17 area;- 18 • The gradation of hazards associated with a particular geo- 19 hazard;- 20 . Level of detail necessary to map hazard areas. 21 . Different levels of risk associated with different ownership 22 classes (e.g. public ownership versus private ownership);_ 23 • Different levels of risk associated with different types of 24 land uses;.. and, 25 ® Mitigation measures related to specific adverse impacts of 26 development in hazard areas. 27 Once a set of risk levels have been identified,, propose these risk 28 levels for adoption by the County Council as the level to which 29 future development must be designed -a -;-&� 30 few��. 31 Policy llDF-1-32: yConsider establishing acceptable levels of public risk for 32 use in approving and conditioning development activity in 33 known natural hazard areas. The established level of risk may 34 be expressed as the potential hazard posed as determined by 35 scientific and historical methods applicable to each specific 36 natural hazard. 37 Policy llDF-143: Review the findings and recommendations of alluvial fan hazard 38 evaluations and make appropriate recommendations for land 39 use and zoning regulations to the County Council to assist in 40 reducing the hazards posed on these fans. Whatcom County has Whatcom County Comprehensive Plan 11-20 MU, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 County Council Preliminary Draft May 3, 2016 ter 11 - Environment completed or nearly completed alluvial fan evaluations of Canyon Creek Jones Creek, and Glacier -Gallop Creeks. Policy llBF-154: Review the findings and recommendations of the Comprehensive Flood Hazard Management Plan (CFHMP) and make appropriate recommendations for land use and zoning regulations to the County Council to assist in the implementation of the CFHMP. Policy 11F-15: Identify known locations of abandoned wells that could rp oduce methane and/or other hazardous substances and where immediate danger of methane and hazardous substance leaking exists condition development approvals on affected parcels to mitigate those impacts. Reason for Change: Policies 11F-9 15, above, were moved from the Action Items, section which is being deleted. 15 Water Resources 16 Introduction 17 Water resources refer to the numerous surface waters such as lakes, streams, 18 wetlands; groundwateria-gu4efs�, estuaries; and marine waterbodies within 19 Whatcom County (Map 211-1). These waterbodies are often integrally linked 20 through the complex network referred to as the water cycle. The water cycle 21 describes the series of transformations that occur in the circulation of water from 22 the atmosphere onto the surface and into the subsurface regions of the earth, and 23 then back from the surface to the atmosphere. Water resources of Whatcom County 24 provide_ natural beauty; recreation; habitat for fish and wildlife; water for drinking, 25 agriculture, and industry; and other benefits essential to the quality of life and 26 economic health of the community. The quality of life and economic health of our 27 county's communities depend on the maintenance of a safe and reliable water 28 supply. Decisions affecting any element of the water environment must be based on 29 consideration of the effects on other elements. 30 Background Summary 31 Whatcom County has 16 major freshwater lakes, 3,012 miles of rivers and streams, 32 over 37,000 acres of wetlands, 134 miles of marine shoreline, and aquifers 33 containing an undetermined amount of groundwater. These water resources serve 34 multiple uses,. including providing a source of drinking water for the people of 35 Whatcom County. Surface water sources such as Lake Whatcom, the Nooksack 36 I River, and Lake Samish provide water to more than half the county residents, with 37 the remainder relying on groundwater, either from individual wells or from about 38 300 public water systems. Agriculture relies on both ground and surface water for 39 irrigation, drinking water for livestock, and facility wash down. Businesses and 40 industries may also require water, sometimes in substantial quantities, fromer non- Whatcom County Comprehensive Plan 11-21 500 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 potable as-� e'! asand potable supplies. Water is also essential to meet many of 2 what are referred to as "in -stream" uses, such as far —recreation, shellfish growing 3 and harvesting, habitat for fish and wildlife habitat, aesthetics, and other uses and 4 benefits. 5 Groundwater is contained in aquifers, which are subterranean layers of porous rock 6 I or soil. Most of the surficial aquifers in Whatcom County are replenished by 7 rainwater, theugh seme may eentain wateF tFapped duFing glaeial peri . Aquifers 8 are often integrally linked with surface water systems and are essential for meeting 9 in -stream and out -of -stream water needs such as for drinking water, agriculture, 10 ether and -industry, and other uses. 11 Rainfall that 12 runs into drainage courses such as ditches, streams, wetlands, rivers, 13 lakes, and the Strait of Georgia supports local surface and marine waters. Natural 14 and manmade drainage systems have many important functions, including storing 15 excess water flow, purifying surface water, recharging groundwater, conveying 16 water, and supporting important biological activities. As more areas in Whatcom 17 County are being urbanized, natural water resource systems are being replaced 18 with built systems, leading to permanent changes in hydrology. 19 Whatcom County government has a major role in helping to maintain these benefits 20 through its many responsibilities and programs, particularly in the areas of health, 21 safety, land use, and development. The intent of the following goals and policies is 22 to provide guidance to Whatcom County government as it assists its citizens in 23 effectively managing our water resources in a manner that ensures that the 24 benefits of those resources are maintained far into the future. The water resource 25 section focuses primarily on groundwater and surface water management. Surface 26 water management relates generally to watershed protection and 27 stormwater/drainage systems. However, some policy direction may indirectly be 28 provided for areas such as wetlands, estuaries, streams, and marine waterbodies 29 within the Water Resource section. Some of these areas are covered in more detail 30 in other sections within the Environment Chapter. 31 1 Whatcorn County Water Resource Procirams 32 ( Whatcom County has and/or participates in numerous water resource programs 33 aimed at protectina and enhancina water auality and auantity, including: 34 • WRIA 1 Watershed Management Project; 35 • Lake Whatcom Watershed Managements 36 • Groundwater Protection & Manaae_ment; 37 ® Flood Hazard Management; and, 38 ® Stormwater Management. 39 These programs are described in Appendix G. 40 Reason for Change: The 'Planning Commission felt that the descriptions of the 41 County's water resource and 'salmon 'recovery programs should be in an appendix Whatcom County Comprehensive Plan 11-22 501 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 rather than the body of this chapter, mostly for brevity's sake, but also because 2 their organization may be changing soon. 3 Issues, Goals, and Policies 36 Goal11E-G: Protect and enhance water quantity and quality and 37 promote sustainable and efficient use of water resources. 38 Policy 11€G--21: Maintain as a high priority the protection of water quality and 39 quantity, and asseciated features like watersheds and aquifers. Whatcom County Comprehensive Plan 11-23 502 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment Policy 11€G-2: Actively participate in and support WRIA 1 Watershed Planning efforts associated with the coordination of local federal tribal and state agencies to achieve integration or consistency between the various levels of environmental regulations relating to the County. in eenjunetien with the cities, etheF n9un sustainable d e ffi .:ent use of w-.tei= r Policy 11€G-83: Work cooperatively with Federal, State, and local jurisdictions, Tribal governments, municipal corporations, and the public to implement the goals and; policies, and aeti n items eritain d in of this -the er I'o_mor_e_hensi_ve _DPlan as well as state water resources and water quality laws. Policy _1 G-4; . Pc - _ the coordi_n_ation_. of all _local_ water and land_ rr�an_a_�._nt>ort_ plan, a__nd _d-a,ta----tc ergs,urq_-adequate oversight of water quantity_ and .Qualit_y_._issues. Policy 11€G-5: Manage water resources for multiple instream and out -of -stream beneficial uses, including ceningensurate will= instream flows set by the State Department of Ecology. Reason for Change: Recommended change by Dept. of Ecology. When issuing water rights, the state's surface water & groundwater codes specifically do not 'prioritize one beneficial use above another. Also, in -stream flows and water rights are all by priority date. Policy 11€G--16: Actively promote and participate in education, research, and information opportunities whiehthat better improve our understanding of the county's complex water resource systems. New information should be considered in the development and evaluation of management actions. 34 I Policy 11€G-37: Pursue the most effective methods for protecting water quantity 35 and quality, through both regulatory (e.g. zoning, enforcement, 36 fines) and non -regulatory approaches (education, incentives, 37 and technical/financial assistance). Emphasis should be placed 38 on non -regulatory approaches where possible and effective. 39 ( Policy 11€G-98: Track the development of policies and regulations at the local, 40 state, and federal level. Provide input to those regulations and Whatcom County Comprehensive Plan 11-24 503 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 policies as necessary to ensure that the interests of Whatcom 2 County are considered. 3 Policy 11-FG-69: In conjunction with all jurisdictions, develop and adopt 4 programs to protect water quality and quantity within 5 watersheds, aquifers, and marine waterbodies thatwhieh cross 6 jurisdictional boundaries. 7 Policy 11€G-4410: Promote awareness and participation in management and 8 protection efforts by individual citizens and the community as a 9 whole. 10 Surface Water and Groundwater 11 SuFfaee water systems face sediment, nutrient, baeteFia, , metals, and 12 13 supplies in senge areas are alse vulnerable te eentaminatffien. Nitrates, arsenie, 14 baeteFia, elevated ehleFine levels, E9B,, L 15 feund in seme greundwateF supplies at levels that exeeed these eensidered safe fe 16 dFinl6ng wateF. 17 Reason for Change: Background information is now provided in Appendix G. 18 Goal 11-FH: Protect and enhance Whatcom County's surface water 19 and groundwater quality and quantity for current and 20 future generations. 21 1 Policy 11FH-1: Manage surface water systems,— he -re- --apprapri-atej on a 22 watershed basis. 23 Kcal. c 1 —Fi 2 - ®o_r_di_n t _ fc its e _._ ring --_ail water users in Whatcc_rn Count-y 24 into cornol_ance with state and federal water laves in a _way_that 25 e_nha_nce _stream, fl _w ,-__water__c �a lityq__ nd Piste d wyidlif 26 habitat, 29 30 31 32 33 34 35 36 37 38 39 40 RFC: The P/C felt that the County should be coordinating such efforts with other` agencies. Policy 11FH-2-3: In conjunction with the public and appropriate local, Sstate, Tribal.,_ and Ffederal jurisdictions, defined arrd—identify, and develop management strategies for watershed basins and subbasins whieh that may require special protection. These areas may include aquifers, critical aquifer recharge areas as defined under the Growth Management Act, Groundwater Management Areas, wellhead protection areas, and high priority watersheds such as those specified under WAC 400 (Local Planning and Management of Non -point Source Pollution), WRIA Watershed Management Planning, and under legislative policy direction (e.g. Nooksack Basin, Lake Whatcom, Lake Samish and Drayton Harbor). Whatcom County Comprehensive Plan 11-25 504 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 Policy IIF 7.! Gentinue identifying areas that require speeial pFetectien such 2 as wellhead pFeteetien areas, aquifers, and high pFierity 3 watersheds, and that knowledge inte manageme 4 actiens, 5 general publie. 6 , 7 Tribal, 8 Management efforts 9 should consider both water quality and quantity. Water quality 10 efforts should help reduce the likelihood that potential it contaminant sources will pollute water supplies. Water quantity 12 efforts should include consideration and protection of recharge 13 areas a. pnro-pri-ate-and potential effects on stream flow. 14 Reason for Change: The above three policies were similar, so combined into one. 15 Policy 11FH.-4: Support the implementation of local and state 16 Watershed Action Management Plans, the Lower Nooksack 17 Strategy, he Lake Whatcom Management Program, NPDES 18 Phase II Permitting, and the WRIA Watershed Management 19 Projects 20 pollution. 21 Policy 11-FH-5: Pursue the adoption and implementation of ground and/or 22 surface water management plans and their integration e the 23 plans into local comprehensive plans. Designate the Lake 24 Whatcom and Lake Samish Watersheds as a —high priorityies in 25 this effort. 26 Policy 111-1-6: Oppose the use of hydraulic fracturing in oil and gas wells (also 27 known as "frackian to avoid the potential degradation of water 28 guality in aquifers and other round water. 29 Stormwater and Drainage 33 i on develeprigent has taken is associated with surface areas drainage where built place.- 34 in these areas, ef natural systems with systeFris results 37 • quality. VaFieus land have frem 39 uses disturbed by can signifieant- develepment, farming, legging gFeund grading, new fill lakes, and ean reduee life 40 river- er StFearn ehannel eapacity, srigall and smetheF aquatie and Whatcom County Comprehensive Plan 11-26 505 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 , gar -den chengieals, and aningal wastes inte the, 2 wateF systeng; 4 Reason for Change: 'Background information is now provided in Appendix G. 5 Goal 116I: Protect water resources and natural drainage systems by 6 controlling the quality and quantity of stormwater runoff. 7 Policy 11GI-1: Manage stormwater runoff to minimize surface water quality and 8 quantity impacts and downstream impacts on channel 9 morphology, property owners, and aquatic species and habitats. 10 Policy 11GI-2: Maintain or enhance, when appropriate, natural drainage 11 systems and natural water storage sites in order to better 12 protect water quality, moderate water quantity, minimize 13 environmental degradation, and reduce public costs. 14 Policy 11GI-3: Limit the alteration of natural drainage systems and natural 15 water storage sites without mitigating measures. Such 16 measures should not degrade water quality or fish and wildlife 17 ( habitat; and should not increase hazards to the community. 18 I Policy 11GI-4: Support the use by resource industries, —=such as agriculture, 19 forestry, and mineral resource extraction --of management 20 practices that minimize erosion and sedimentation, and 21 significantly reduce pollutants. 22 ( Policy 11GI-5: Evaluate the role of watersheds in the maintenance of water 23 quality and quantity and determine what cumulative impacts 24 development activity may have on watershed hydrology. 25 Policy 11GI-6: Develop specific stormwater management programs for each 26 1 drainage basin within the county's jurisdiction whichthat may be 27 impacted by urban levels of development. Recognize the Lake 28 Whatcom Watershed, Lake Samish, and Drayton Harbor as high 29 priorities in this effort. Coordinate efforts with the Lake 30 Whatcom Management CommitteePolicy Group —program, the 31 various shellfish protection districts, and other watershed 32 management p+ansentities. 33 Policy 11GI-7: Establish, as a high priority, a stormwater maintenance program 34 w4i-c�that asensures that stormwater systems are adequately 35 maintained and function at or near design capacity. 36 Policy 11GI-8: 'tro-n.gly __i_n. ert-ivE ____Enl--ourpe --the use of low impact 37 development strategies. Minimize the amount of impervious 38 surface whenever practicable by using natural engineering 39 I design methods such as the use of open, grassed., street swales 40 and rain gardens instead of curbs and gutters. Where feasible, Whatcom County Comprehensive Plan 11-27 506 County Council Preliminary Draft May 3, 2016 ter 11 - Environment 1 encourage alternate surfacing options and other techniques 2 associated with low impact development (see Glossary). 3 Policy 11GI-9: Develop and administer stormwater management standards as 4 required by the NPDES Phase II Permit. 5 Policy 11GI-10: Develop and administer regulations and incentives such that 6 there is no net loss of ecological functions and values of 7 regulated wetlands and fish and wildlife habitats. 8 Policy 11I-11: Place a high priority on integrating impervious surface reduction 9 incentives into policies, regulations, and standards feF the ' Upke 10 W�teo-ana o ke S 1 hn, watershed-s. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Reason for Change: Policy 11I-11 comesfrom the Action Plan that was removed from this chapter. Policy 11I-12: Develop and implement comprehensive stormwater management programs and strategies designed to address runoff from all private and public developments and facilities within regulated and sensitive watersheds. 1. Imolement the Western Washinaton Phase II Municipal Stormwater Permit as part of the National Pollutant Discharge Elimination System (NPDES) Program. Incorporate watershed considerations into the development of a comprehensive stormwater manaaement �strateav for designated areas. 2. Review Stormwater Special Districts Standards, Watershed Protection Districts and other related codes that address runoff treatment from potentially polluting surfaces for their applicability to other sensitive watersheds with the Technical Advisory Committee and other appropriate agencies. Coordinate efforts for ongoing monitoring and evaluation within the sensitive watersheds and NPDES areas. 1.3. Amend subdivision, zoning, and other land use regulations and design standards to ancoi-I a e that land use activities minimize the amount of impervious surface. 4. Identify and implement a long-term funding source to provide for water resource protection services, including non - point source identification and enforcement of applicable county regulations. 5. Focus on the Lake Whatcom watershed as a high priority in developing a stormwater management program. Develop a stormwater management plan that achieves a uniform level of protection throughout the Lake Whatcom watershed. Whatcom County Comprehensive Plan 11-28 AM County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment ;W"12 T• ..- • • • 4 • • :- ME lier • r•'1 r • - • • ..- - r 13 - i ii` Y.i i� .•.r 14 16 17 • a - 19 20 21 - r # 22 w i ► I i r r` 24 25 i er i wires i+ ar' — :r 26 27 • • — 29 30 31 32 — — 33 r r .- .- ..- -.. 35 ': . r: r •� i t : 4' 36 37 • • �' # it • -i # r -Y-, i ■ - r ` .. 4, - 4 - 42 4 s Whatcom County Comprehensive Plan 11-29 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment Reason for Change: The double underlined and struck out policy was an action item. The new language (underlined) is a rewrite of the policy by Public Works. Whatcom County Comprehensive Plan 11-30 509 County Council Preliminary Draft May 3, 2016 1 Water Conservation ChaQter 11 - Environment 2 Goal 11-3: Peliey 11E 4., Support water conservation, 3 reclamation, a -reuse measures, and education as a 4 means to ensure sufficient water supplies in the 5 future. 6 Policy 11€J-71: Support and assist water users in the development of cost- 7 effective means of improving efficiency of water use. 8 1 Policy 11€J-82: Support efforts to establish and protect sustainable water 9 supplies to meet existing and future demands for water in the 10 county. 11 Policy 11J-3: Develop and_implement�lans to comply with -the Department of 12 Ecoloay's instream flow and water management rules and water 13 resources management programs. 14 Lake Whatcom Watershed 15 Goal 2MMI1-K: Prioritize the Lake Whatcom =r6a lt e as an area in 16 which to minimize development, repair existing 17 stormwater problems (specifically for phosphorus), and 18 ensure forestry practices do not negatively impact water 19 quality. Provide sufficient funding and support to be 20 successful. 21 ( Policy 11-K-1: Work with property owners to find acceptable development 22 solutions at lower overall densities than the present zoning 23 allows. 24 Policy 2MM11-K-2: Develop a storm drainage utility district or other funding 25 mechanism to deal with the unique problems of development in 26 a drinking water watershed. 27 Policy 2MM11-K-3: Recognize that all users of Lake Whatcom water have an 28 interest in the resource and should share in the cost of its 29 protection. 30 Policy 11-K-4: Work cooperatively with the City of Bellingham, aed--the_L1a_kco 31Whatcom Water_ Sewer istrlcC,uate - Di t ict _1 r� _ r_ 32 ), cab e ;si € � ,ris to identify, review, and, as appropriate, 33 recommend changes to existing monitoring programs that will 34 address the needs of the various jurisdictions. Place a -particular 35 focus on the information needed to evaluate the impacts of 36 additional development and_siormwater manago_mcnt__r calsuare 37 in the watershed. Include an analysis of the diversion from the 38 Middle Fork of the Nooksack. Coordinate efforts with the Lake 39 Whatcom Management Committee process. Whatcom County Comprehensive Plan 11-31 510 1 2 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment Reason for Change: "Applicable associations added by P/C in response to the Sudden Valley Community Association's request. 3 Policy 2MM11-K-5: Evaluate and pursue, as appropriate, the use of incentives to 4 encourage voluntary lot consolidation, transfer or purchase of 5 development rights, current use taxation, and participation in 6 open space conservation programs. 7 Policy 2MM11-K-6: Do not allow density bonuses within the Lake Whatcom 8 Watershed. 9 Policy 2MM11-K-7: Work cooperatively with the City of Bellingham and r,{-le _La-ko 10 Whatc-orr�_._Water_�����}._Sew_or_Distr€ct`v��ate--Di�.��„-ct_�� to develop 11 benchmarks to determine_ the effectiveness of management 12 options; when goals have been achieved; or when additional 13 actions are necessary. 14 1 Policy 2MM11-K-8: Continue to develop and refine structural and non-structural 15 best management practices (BMPs), both voluntary and 16 required, to minimize development impacts within the Lake 17 Whatcom watershed. . 18 Policy 2MM11-K-9: Work to keep scarr , e ' � sAhU,' � a �_- > ; �`� kre 19within the Lake Whatcom 20 watershed in public ownership, and support managing forestry 21 ( on Fhb_, esk_j lands in a manner that minimizes sediment and 22 phosphorus yields from streams. 23 ( Policy 2MM11-K-10: Encourage the location of public services, such as schools, 24 libraries, parks/operj __s _pce_._....-_and post offices within Rural 25 Communities that would likely reduce the vehicle miles traveled 26 within the watershed. 27 28 29 30 31 32 33 34 35 M Reason for change: This change was recommended by the County Health` Department. Policv _2_M.M11—K a 1. < �i,7e �s �e,BEiI �� t .� S� - % __ _- . ti_ '�.P`.,.,.e D, _i hn tj .E'r' ai c ���t� ( �� � i€jt-'s 1 ii�i r _ i _. � d x is { it w si,_r L°� ;" a� i — — f' ' I .' � i , z s �," s YP 4 �f1( f R ar-, if ;f -- �- - 114an , rar;u i ` ,i 1. i 3 �U11- E1 tag` T ...- � i Ie .. ec ..._ _ _ �. — y7��and_'s _.� [ .I I ' + t a r Reason for change: This text was moved from the action plan items in Chapter 2. 37 P 1 i 2MM11-K - 12 f� i d d4 � --i1�i Pst � -� ,' ,�, rir �_i o c, � __._. U,38 - -_ - ._ 39 co . # wid r v 40 ( Reason for change: This text was moved from the action plan items in Chapter 2. Whatcom County Comprehensive Plan 11-32 511 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 Poi9M11-K_ H 2 i �l Z t�Ls _ 4 i ? ,� r� �, �u .. 5 N. Reason for change: This text was moved from the action plan items in Chapter 2. Note: Policies 11-K-14 through >21 were moved from Chapter 2. 7 1 Policy 2B611-K-14:Facilitate meeting the unique needs of Sudden Valley due to its 8 location within the Lake Whatcom Watershed. 9 1 Policy 2-B-B11-K-15:Recognize the existing parcelization and the commitment for 10 development of the remaining multi -family parcels in Sudden 11 Valley. 12 Policy 2BB11-K-16: Work with the Community Association towards voluntary 13 achievement of the density reduction , of 14 additional lots within Sudden Valley. 15 16 17 18 19 20 21 22 23 24 25 26 27 Reason for change: 'According to Public Works, the density reduction program has been completed; thus, this policy is no longer needed. Policy 2$-B11-K-17: If vacant lots in the Lake Whatcom watershed come available due to a tax foreclosure the County may acquire them remove the developments ri hg is and then place them_ back on the market through the public auction process_to recover any residual value.if- the --eetnty--ac s---t+&eugh--tax fereelesure, cansideF selling thern as nen buildable -lets. Policy 2-B-Bll-K-18: Support Lake Whatcom Water and Sewer District's effort to maintain adequate sewer capacity and control stormwater run-off in keeping with appropriate environmental controls and the Sudden Valley Community Association's density reduction goal. 28 Policy 2B-B11-K-2419: Work with all parties to maintain; and appropriately plan 29 for infrastructure, public services, and stormwater retention so 30 ( thF_ -Sudden Valley can develop to its appropriate potential. 31 Note: Policies" 11-K-14 through 21 were moved from Chapter 32 Natural Systems 33 Introduction 34 "Natural systems" refers to the complex biological ecosystem that has 35 gFew-rtdeveloped from the geologic setting of Whatcom County. It includes fish and 36 wildlife, as well as diverse vegetation that has adapted to a variety of physical and 37 climatic conditions (Map 2511-2, Map Z611-3). Natural Systems goals and 38 policies are intended to provide guidance to county government as it assists citizens Whatcom County Comprehensive Plan 11-33 512 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 to effectively manage and enhance these natural systems, and ensures that the 2 benefits of these systems are maintained far into the future. 3 Background Summary 4 ( Whatcom County provides a wide variety of natural habitats w4ikEl=�that support and 5 shelter a diverse array of fish and wildlife species. The county's wildlife is 6 particularly varied and abundant when compared to many other areas of 7 Washington State. There are a number of factors that have contributed to this: 8 abundant water resources, rich soils, mild climate conditions, and a moderate 9 degree of urbanization are among the most important. Among the habitats of 10 importance to fish and wildlife are the following: 11 • wetlands, lakes, and streams; 12 • nearshore, intertidal, and—estuarinees habitats and marine habitats 13 including, but not limited to, kelp and eelgrass beds 14 . riparian areas and other travel corridors, 15 • snags and downed logs. 16 • forested habitats in a variety of successional stages 17 • caves, cliffs, and talus slopesi 18 • grasslands and cultivated fields; and, 19 • thickets and fence rows. 20 Aquatic habitats include rivers, streams, ponds, lakes, and their riparian borders. 21 Together, these habitats are essential to Whatcom County's fish and wildlife. 22 Twenty-six species of fish —including twelve economically important stocks of 23 salmon and trout —inhabit fresh water in Whatcom County for all or part of their life 24 cycles. Healthy flowing streams and rivers, as well as off -channel wetland habitats, 25 are essential to the survival of the majority of these fish. Wetland ponds, especially 26 beaver ponds, provide optimal habitats for rearing and over -wintering of young 27 fish, particularly Coho salmon and cutthroat trout juveniles. 28 Most regional wildlife species regularly use aquatic and riparian habitats for 29 breeding, feeding, shelter, and migratory activities. Of this large grouping, over half 30 are dependent upon wetland habitats at some point in their life cycles, and would 31 decline or disappear in the absence of wetlands. Wetlands also contain unique 32 vegetative communities that harbor many species of rare and unusual plants. 33 1 Native Fish and Wildlife Populations and Habitat 34 Optimum habitat for Pacific Northwest salmon and other fish is one that resembles 35 the riparian landscape of pre -settlement times: braided streams wandering freely 36 through nearly continuous forest; trees overhanging and partly fallen into streams; 37 stream beds with abundant logs, step waterfalls, pools, and cutbanks—wand 38 vegetated marine and estuarine communities. In most cases, it is not realistic to 39 return to that state. However, measures can be taken to retain or regain those 40 features whichthat provide the minimum requirements of a viable fishery. Whatcom County Comprehensive Plan 11-34 513 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 The best habitat for native wildlife includes native plants, which that have ,,,,,,,yed 2 are more closely matched to local 3 soils, climate, and wildlife. They provide the right kinds of food, shelter, and 4 diversity needed by wildlife. Native plants frequently need less watering, spraying, 5 ( pruning, fertilizing, and or other maintenance than do exotic or imported plants. 6 Loss of native vegetation through conversion to ornamental vegetation and non- 7 native species often results in loss of wildlife habitat, increased competition to 8 native wildlife from introduced species, such as starlings, and increased 9 maintenance needs. Loss of native vegetation also can occur through invasions 10 such as the spread of Spartina, which can drastically displace important native 11 eelgrass communities. IN 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Salmon Recovery Program The decline of salmonids throughout Washington and the Pacific Northwest over the past century is well established. Since 1991, numerous evolutionarily significant units (ESUs) of Pacific salmonids have been listed as endangered or threatened under the Endangered Species Act (ESA), including those of chinook, coho, chum, sockeye, and steelhead. Decline in salmonid abundances have been attributed to widespread loss and degradation of habitat, due to hydropower, residential and urban development, agriculture, and forestry. Fishing and hatchery production have also contributed to declines. �t �it .rE-€I nl,1nahl[: _i3ti_ ._: ...__ Reason for Change: The Planning Commission felt that the descriptions of the County's water resource and salmon recovery programs should be in an appendix rather than the body of this chapter, mostly for brevity's sake, but also because their organization may be changing soon. Marine Resources Management Marine habitats include all salt water bodies and their shorelines, kelp beds, eelgrass meadows, salt marshes, beaches, and mudflats. These habitats play a vital role in the health of the local environment as well as of the broader Puget Sound region. They provide spawning, rearing, and feeding grounds for a wide variety of marine life, as well as refuge for juvenile and adult fish, birds, and shellfish. The vegetation on back -shore marshes and within estuaries buffers adjacent upland areas by absorbing wave energy and slowing erosion. Symptoms of ecosystem stress include: declining stocks of salmon, bottomfish, and fore fish; closures of recreational and commercial shellfish beds; degradation and losses of eelgrass beds, kelp forests and other marine habitats; and dwindling populations of seabirds and marine mammals. The Northwest Straits Marine Conservation Initiative was authorized by Congress in 1998. The Initiative established the Northwest Straits Commission and Marine Resources Committees (MRCs) in seven western Washington counties, including Whatcom County Comprehensive Plan 11-35 514 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 Whatcom County. The MRCs' main purpose is to guide local communities, using up- 2 to -date information and scientific expertise, to achieve the important goals of 3 resource conservation and habitat protection within the Northwest Straits. The 4 Whatcom County MRC acts as an advisory committee to the Whatcom County 5 Council. 6 Shellfish Recovery 7 Many of the marine waterbodies in Whatcom County support natural and cultured 8 bivalve shellfish, including oysters and many species of clams. The warm, nutrient- 9 rich tide flats in and around Lummi, Portage, and Birch Bays; and -Drayton Harbor;; 10 and Eliza and Lummi Islands represent unique water resources in this regard. 11 Commercial shellfish growers, recreational clam and oyster harvesters, and Native 12 Americans have used this resource for many years. It is an important part of our 13 community's heritage. 14 Our ability to grow and harvest shellfish that is safe for human consumption is 15 directly linked to surface water quality and the influence it has on marine waters. 16 The primary measure of water quality for shellfish harvesting is bacterial 17 contamination associated with human sewage and animal wastes. Potential sources 18 of fecal bacteria include municipal sewage treatment plants, on -site sewage 19 systems, boat waste, farm animals, pets, and wildlife. Since 1995, valuable 20 shellfish beds in Portage Bay and Drayton Harbor have been downgraded (harvest 21 prohibited) due to non -point pollution impacting recreational, tribal, and commercial 22 harvesting. In 2014, Portage Bay was identified as a threatened Shellfish Growing 23 Area by the Washington Department of Health. (Washington Department of Health, 24 2014) 25 Shellfish Protection Advisory Boards 26 Whatcom County has three Shellfish Protection District Advisory Beafd-sCommittees, 27 one for each of the Shellfish Protection Districts: Birch Bay, Drayton Harbor, and 28 Portage Bay. Each advises the County Council on proposed actions and operations 29 relating to the restoration of water quality in their respective watersheds. 30 Shellfish Recovery Plans 31 Shellfish Recovery Plans have been created for each of three districts. The plans 32 outline the primary sources of bacteria and actions to improve water quality... 33 • Drayton Harbor Shellfish Recovery Plan (20Q7)l 34 ® Portage Bay Shellfish Recovery Plan (2014), Portage Bay Initial Closure 35 Response Strategy (1998l; and, 36 • Birch Bay Initial Closure Response Strategy (2009); 37 Pertinent Documents 38 ® Whatcom Marine Resources Committee 2011 - -E32015 Strategic Plan (2010) 39 This document outlines the MRC's mission, vision, of d--values, the-iF- goals, affd 40 objectives, and strategies for achieving them. Whatcom County Comprehensive Plan 11-36 515 County Council Preliminary Draft May 3, 2016 1 I Shoreline.:Proararr Chanter 11 - Environment 2 The State Legislature passed the Washington State Shoreline Management Act 3 (SMA) in June 1971. The SMA was overwhelmingly passed by public initiative in 4 1972. Under the SMA, each county and city was required to prepare a shoreline 5 "master program" in accordance with the shoreline guidelines issued by the State 6 Department of Ecology in 1972. 7 The Whatcom County Shoreline Management Program (SMP), WCC Title 23, is the 8 document that implements the goals and policies of the SMA at the local level. It 9 was adopted in 1976 in accordance with RCW 90.58. The goals and policies of the 10 Whatcom County Shoreline Management Program also constitute the shoreline 11 component of the Whatcom County Comprehensive Plan. 12 Under the provisions of the SMA, all development along shorelines of the state is 13 required to comply with the provisions of local shoreline master programs. The 14 Whatcom County Shoreline Management Program works with other chapters of the 15 Whatcom County Code to protect and preserve saltwater and freshwater shorelines 16 throughout the county by managing natural resources and directing development 17 and land use suitable for the shoreline environment. 18 The Whatcom County Shoreline Management Program jurisdiction includes: 19 • More than 130 miles of marine shoreline; 20 • More than 60 miles of lake shoreline; 21 • More than 220 miles of stream channels -and, 22 ! All wetlands and floodways associated with the above shorelines, together 23 with all upland areas within 200-feet of the Ordinary High Water Mark 24 OHWM . 25 Whatcom County and the Washington State Department of Ecology (DOE) share 26 joint authority and responsibility e-ffor the Whatcom County SMP. Whatcom County 27 Planning and Development Services is the primary agency responsible for 28 implementation of the Whatcom County Shoreline Management Program. 29 Issues, Goals, and Policies 30 General - Natural Systems 31 Growth and urbanization of the land base have and may continue to impose a risk 32 to the degradation and reduction of natural systems. Wetlands and estuaries 33 continue to be lost incrementally. Streams and their adjacent riparian habitat are 34 affected by land clearing, ditching, erosion, and road building. Lakeshore 35 development degrades the foreshore environment for waterfowl and other species, 36 as well as negatively affecting water quality. It is estimated that Washington has 37 also lost approximately one-third of its historic eelgrass beds from a variety of 38 causes, including dredging, shading, and filling. Large -diameter snags and downed 39 logs, an essential feature for dozens of wildlife species, are lost during clearing or 40 intensive forest management. Forested habitats are lost to a number of 41 development processes including urbanization, agriculture, increased rural/ Whatcom County Comprehensive Plan 11-37 516 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 suburban housing density, and timber harvesting. The delicate environment of cliffs 2 and caves may be affected by housing development, mining, and other activities. 3 Conversely, grasslands, thickets, fields, and fence rows are habitats largely 4 provided and enhanced by human activities, and are thus fairly abundant and 5 stable within the developing county. The existence of farms, in particular, has 6 contributed to an abundance of these more open, pastoral habitats. 7 Many stream systems in Whatcom County have been altered by agriculture, 8 forestry, development, and flood control practices, contributing to Iow_stroamaflow ,_ 9 fisheries loss, water pollution, sedimentation and other problems. These impacts 10 can directly affect the fisheries resources by depositing silt and debris into 11 I spawning beds, by removing trees that shade and cool the water, bank 12 arm orinastabilizing ankks, interfering with the recruitment and establishment of 13 large woody debris (LWD), by obstructing fish passage with culverts and roads, by 14 altering natural channels through filling, bank hardening, and channelizing. In 15 addition, the physical processes that create functional habitats for fish life stages 16 are altered by increasing flows through stormwater runoff or consuming water 17 volume for other out -of -stream uses. 18 Finally, the cultural value of functioning habitats, including wetlands and the fish 19 and wildlife they harbor, has often been ignored in land use decisions. The 20 gathering of fish, game, and other natural resources forms a central aspect of many 21 cultures in this region. Also, the mere presence of these natural resources 22 constitutes a community amenity that is a substantial part of our local economic 23 base. 24 ( Goal 11HL: Protect and enhance natural systems, which provide 25 economic, ecological, aesthetic, and cultural benefit. 26 Policy 11HL-1: Define and identify habitats and habitat features important to a 27 balanced and sustainable web of life that surports fish and 28 wildlife. 29 Policy 11HL-2: Develop and adopt programs which that protect habitats 30 are essential to the conservation of species that have been 31 identified as endangered, threatened, or sensitive by the state 32 or federal government. These programs should maintain and 33 encourage restoration of habitat conditions for threatened -listed 34 species. 35 Policy 11#1--3: Develop and adopt programs which that provide incentives for 36 th-e protection of environmentally fragile areas or critical wildlife 37 habitats and corridors. 38 Policy 11#L-4: Where feasible, incorporate fish and wildlife habitats into public 39 capital improvement projects,---En-d--�onr�id r- -per-ate 40 _ cakingogra. Whatcom County Comprehensive Plan 11-38 517 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 1 Policy 1144L-5: Provide measures to mitigate negative water quality and 2 quantity impacts from both public and private alterations of 3 natural drainage systems. 4 Policy 11,4L-6: Consider sensitive fish, shellfish, and wildlife species and their 5 habitats when establishing zoning densities and patterns. 6 ( Policy 11+4L-7: Promote voluntary fish and wildlife habitat enhancement 7 projects through educational and incentive programs. These 8 projects, which can be done by individuals, organizations, and 9 ( businesses, sheeld--will buffer and expand fish and wildlife 10 habitat. 11 Policy 11#L-8: Give careful consideration to the siting of industrial, commercial, 12 residential, and other land use designations when located near 13 important marine habitats. 14 ( Policy 11+4L-9: Protect, retain, and enhance the beneficial uses and functions of 15 streams and rivers. Define and identify the beneficial uses and 16 functions of streams and rivers, which includinge- wildlife and 17 fisheries habitat, water quality, open space, aesthetics, and 18 recreation. 19 Policy 11#L-10: Protect and enhance natural systems when flood hazard 20 management eef�t-Fe4-measures are utilizedused. 21 Policy 11 4L-11: Regulate the operation of river gravel extraction activities in 22 such a manner so as to provide long-term protection of fish and 23 wildlife habitat and water quality. 24 Policy 11k#L-12: SuppEnsure th-a design and development of residential and 25 I industrial development that minimizes disturbance to rivers, 26 streams, and functioning riparian areas. 27 Policy 11HL-13: Evaluate the full value of the fishery —including its cultural and 28 economic value —in land use decisions that may impact that 29 fishery. Unavoidable impacts to an individual habitat or fishery 30 she-u4-shall be mitigated. 31 Fish and Wildlife Populations and Habitat 32 Goal IIJM: Protect and enhance natural systems that support native 33 fish and wildlife populations and habitat. 34 Policy 11JM-1: Strongly discourage any activity that might cause significant 35 degradation of the fishery resource or habitat. 36 Policy 113M-2: Protect arnd_ ern nle.. Supp r t the -protection and -enhancement 37 of -significant fish spawning and rearing habitat, food resources, 38 refugia (shelter), and travel passages. Whatcom County Comprehensive Plan 11-39 518 County Council Preliminary Draft Ma v 3, 2016 Chapter 11 - Environment 1 Policy 113M-3: 1.1.1lhen—p®5s-ible,; Establish non -regulatory mechanisms and 2 incentives for development that accommodates the habitat 3 needs of fish and wildlife and encourages good stewardship 4 practices. 5 Policy 11JM-4: Support protection and enhancement of fish and wildlife habitat 6 through site design in new development. 7 Policy 113M-5: Native vegetation and soils on stream -banks and shorelines 8 should be disturbed as little as possible. In situations where re- 9 vegetation is necessary to restore stream bank or shoreline 10 stability and provide shading, site -specific native plants should 11 be used. Retention of vegetated riparian areas on all lake and 12 marine shorelines should .shall also be encouraged. 13 Policy 113M-6: Discourage shoreline armoring. Instead, -Eencourage natural or 14 bio-engineering solutions such as planting native vegetation, 15 engineered log jams/LWD, and beach nourishment along 16 eroding banks to address stream and shoreline bank erosion 17 problems. Riparian buffers should be replanted with suitable 18 native vegetation as a part of all bank stabilization projects. 19 Policy 11-JM-7: Encourage native vegetation and soils retention and plantings 20 whichthat provide or maintain the beneficial uses and functions 21 of streams, rivers, lakes, and marine shorelines. 22 Policy 11-JM-8: Maintain and encourage restoration of habitat functions for 23 threatened and endangered fish species. 24 Policy 11M-9: Use Best Available Science to inform the creation of regulations 25 to mitigate adverse impacts of development adjacent to rivers, 26 streams and marine shorelines. 27 28 29 30 31 32 33 34 35 36 37 38 39 Policy 11M-10: Encourage landowners to protect surface water quality with filter strips or other appropriate water cleansing mechanisms installed between lawns, landscaping, livestock pens, or agricultural fields and waterbodies. Reason for Change': Proposed policies 11M-9 and 11M-10 were proposed by the Marine Resources Committee. Policy 11M-11: Formulate and implement a comprehensive, �°vvatefsned landscape -based, environmental management program to protect fish and wildlife. The program wi44should include the following: 1. Formulate an administrative approach to the review of development and planning proposals that consider natural system policies...; Whatcom County Comprehensive Plan 11-40 519 N 3 4 5 6 7 8 9 10 11 12 13 County Council Preliminary Draft Mav 3, 2016 Chapter 11 - Environment 2. Investigate and develop programs for acquisition and restoration of important fish and wildlife habitat areas; 3. Develop and enter into cooperative agreements with State and Federal agencies and neighboring jurisdictions for the purpose of identifying and protecting natural systems...; 4. Identify and map important habitat corridors throughout the countv;- and, �e11........ _Support the development of a-n--educational beek4et materials which lists describes and characterizes the appropriate use of native vegetation to enhance natural systems in Whatcom County. Reason for Change: Proposed policy 11M-11 comes from the Action Plan that was removed from this chapter. 14 Policy 11M-12: Consider establishing formal meander limits for the Nooksack 15 River, precluding additional development within this zone, and 16 promote the River and Flood property acquisition program 17 within these areas. 18 19 Reason for Change: Proposed policy 11M-12 comes from the Action Plan that was removed from this chapter. 20 Policy 11M-13: Diligently work to prevent and reduce the spread of invasive 21 species. 22 Reason for Change: New policy suggested by Dept. of Ecology. 23 24 25 26 27 30 31 32 33 34 35 36 37 Policy 11M-14: Actively participate in and support WRIA 1 Salmon Recovery efforts to return self-sustaining salmonid runs to harvestable levels through: the restoration of healthy rivers, marine shorelines, and natural processes; the careful use of hatcheriesy; and responsible harvest. Reason for Change There were no policies acknowledging the County'sposition regarding salmon recovery or its work with the Salmon Recovery Board. Wetlands Wetlands are crucial environmental features in Whatcom County. Once thought of as waste areas and unproductive lands, it is now known that wetlands provide invaluable functions in aquifer recharge, groundwater storage, floodwater detention, pollutant removal and purification of water supplies, as well as provision of fish and wildlife habitat. Loss of wetlands has been due to many factors, including urbanization, and to a large degree to agricultural development and associated drainage projects. Whatcom County Comprehensive Plan 11-41 520 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 A plethora of complex and often confusing laws govern the definition, delineation, 2 and protection of wetlands. These laws originate at national, state, and county 3 levels. Land managers and private citizens often experience difficulty in 4 interpreting, synthesizing, and applying wetland regulations. In general, however, 5 state regulations must comply with federal standards and local regulations must 6 comply with both federal and state standards. 7 Goal 11KN: Conserve and enhance tpet-regulated wetlands. 8 Policy 114<N-1: Recognize natural wetlands such as swamps, bogs, saltwater 9 marshes, and ponds for their value in cleaning water, reducing 10 flood damage, providing valuable habitat for plants, fish and 11 wildlife, and as sites for groundwater recharge. 12 1 Policy 11+EN-2: Develop and adopt criteria to identify and evaluate wetland 13 functions that meet the Best Available Science standard and 14 that are consistent with state and federal guidelines. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Policy 11+F,N-3: Biological functions of wetlands are complex and interwoven. Evaluate the full range of potential and immediate economic impacts in land use decisions relating to wetlands, including fisheries, wildlife, recreation, farmlands, sustainable resources, air and water quality, flood hazard management-ee real estate, cultural attributes, and other c^'�„titi�suses. Policy 11K-N-4: Encourage land development to avoid—r�rwetland impacts. Impacts to in —pert —ant r.eniulatedwetlands should be contingent upon full mitigation measures that equitably compensate for wetlands impacts, on a case -by -case basis. Approved mitigation measures shall include resources for long-- term monitoring and adaotive management of mitigation outcomes to assure effectiveness. Strongly discourage alteration of land that results in the degradation of >~y _e_1__an_d?_s nif�cant wetlands. Reason for Change: The P/C felt that mitigation monitoring should last longer than 5 years, and that the applicantshould pay for it. They also agreed that "significant should be replaced with 'type 1 and 2," as it better defines what the County would consider significant. Policy 11+FN-5: Property rights and public services are an -essential components of our political and economic system. Where such rights and public services are significantly compromised by the goal of wetland preservation, adverse wetland impacts may be permitted through standardized mitigation. This may include avoidance impact minimization, restoration, enhancement, creation, or off -site compensation for loss of wetland functions in accordance with mitigation seauencina. Whatcom County Comprehensive Plan 11-42 521 County Council Preliminary Draft May 3, 2016 11 - Environment 1 ( Policy 114EN-6: Recognize beneficial wetland uses, functions, and values. 2 Support protection of fish and wildlife habitat, water quality, 3 plant diversity, flood attenuation and low -flow contribution, and 4 water storage through planning, acquisition, incentive programs, 5 and mitigation. 6 Policy 11+EN-7: Development proposalsapplicationsshould be assessed on a 7 case -by -case basis so that marginal wetlands are not preserved 8 at the expense of upland areas with higher habitat value. 9 Marine Habitat 10 Marine habitats include a'! salt water bedies and their sheFelines, kelp beds, salt marshes, beaehes, and mudflats. These habitats. all 12 Fele in the health of the leeal enviienn,nt as well as ef the bFeade, P., 13 region. They previd. rearing, and feeding grounds far a wide variety ef 14 marine life as well as fer juvenm"C-;--X-TF-TIC,-.'F--X-X',!U",U-'t fish, birds, and shellfish. 15 vegetation en bae S11,E)re marshes - • areas 0 abseFbingr : i - : : - 17 Sympterris : eeesystern- -- stecks• -:' :: • and populations19 lesses ef eelgrass beds, kelp forests, and other marine habitats; and dwindling 20 : seabirdsmarine -- 23 ■ 1I in seven western Washington -- - 24 Whateeng County. The 54Pr-S' se is to guide leeal eerringunities, using up - main puFpe 25 to date - • : - and seie Re te---__hi.eve the impeFtant goal • - • - • - ' • 30 Goal 11L-®: Protect and enhance marine resources in Whatcom 31 County. 32 I Policy 11L0-1: Support the Whatcom County Marine Resources Committee in 33 their ---its pursuit of the Northwest Straits Commission 34 benchmarks as follows: 35 Broad county participation in MRC's. 36 A net gain in high -value habitat and ecosystem functions..--- 37 A net reduction in shellfish bed closures..-, 38 Measurable increases in factors supporting bottomfish 39 recovery.-� 40 Population increases in other key indicator species..-, 41 Coordination of scientific data.- Whatcom County Comprehensive Plan 11-43 522 County Council Preliminary Draft May 3, 2016 1 ( Successful public education and 2 The establishment of a regional Chanter 11 - Environment 4 Policy_1_10_ ._Promote naturaHzed.-l�oreli_nc_buficEs and restoration of ip-- 5 ye etats�02- 6 Reason for Change: Policy 110-3 was added by the P/C. • Many of thebedies in Whateem Geunty suppeFtnatural• bivalve shellfish, ineludingand many ef speeies of elams. The 10 - - -- areund Lummi, 11 -arbor, and E'Oza and Lummi islands represent unique water Feseurees an-El12 regard. CemmeFeial shellfish growers, recreational clam and eysteF harvesters, 13 Native AmeFoeans have utilized this resource feF many years. it is an Important part 15 eur ability to grow and harvest shellfish that is safe fE)F human en is 16 directly linked te surfaee water quality and- 17 The primary measure ef water quality fer shellfish -. • human sewage and animal wastes. Potential • of fecal baeteria inelude- - plants, :- site sewage 20 systems, beatwaste, farm animals, pets, and wildlife. Sinee 1995, valuable shellfish 21 beds in PeFtage Bay and Harber have been downgraded harvest, 22 pFehibited) due to non peint pellutien impacting FeeFeatienal, tribal, and eemmercial 23 harvesting. Ift—In july 20032jU4, Birch, PftEtq_ g::Bay was added identifiwe�� 24 threatened ShellfishGrewinq A..:..:.ythei . :...:.: Department 25 Washingten State list ef threatened shellfish harvesting U-Ne-u-s. ("Washingten 26 Department ef Health, 27 1 Reason �6r Change- This text was moved to an earlier section of this chapter.� 28 I Goal 11#4P: Protect and enhance shellfish habitat in commercial and 29 recreational areas i ensure a productive 30 resource base for long-term use. 31 ( Policy 11MP-1: Identify and designate marine shellfish habitat for commercial 32 and recreational uses. 33 1 Policy 11MP-2: Restore degraded waters within the drainage basins of shellfish 34 growing areas to a level that allows/supports shellfish 35 harvesting by work with the Department of Ecology, Tribes, 36 Department of Health, and affected property owners to improve 37 water quality. 38 Reason for Change: Suggestion by Dept. of Ecology. 39 Policy 11P4P-3: Protect shellfish resources by means of pollution prevention and 40 enforcement when n_ece sary. This should include surface and Whatcom County Comprehensive Plan 11-44 523 County Council Preliminary Draft May 3, 2016 1 groundwater 2 that--wfl to 3 restoration. ter 11 - Environment monitoring for early detection of pollution whieh minimize the damage and cost of resource 4 1 Policy 11P4P-4: Improve knowledge of the importance of protecting, preserving, 5 and improving the quality of shellfish habitat within the County. 6 Seek out valuable partnerships that will raise awareness, 7 provide education, and enhance shellfish habitat. 8 1 Policy 11P P-5: Develop Low Impact Development standards in shellfish habitat 9 areas. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Policy 11MP-6: Identify and encourage the use of stormwater treatment systems and Best Management Practices thatwM-bi4pto reduce fecal coliform bacteria levels in stormwater that discharginges directly into shellfish habitat areas and enceuFage theiF use and Policy 11MP-7: Solicit input from the Puget Sound Aetien Teang staff and Shellfish Protection District advisory committees and appropriate state, federal, and tribal agencies when considering updates to the Comprehensive Plan that relate to shellfish protection. Policy 11MP-8: Identify and restore functions, selected through best available landscape -based science, of key wetland areas, whieh—are Policy 11MP-9: Modify county roadside ditch maintenance procedures to protect water quality. Policy 11P -P-10: Continue to partner with jurisdictions in British .Columbia.. to minimize impacts on water quality, including twhat affects+r shellfish habitat. Reason for change: Proposed Policies 11P-11 through 16 were moved from Action Plan, which has been deleted. Policy 11P -P-11: Work within the structure of County programs such as the WRIA Watershed Management Planning process to achieve improvements in land use Best Management Practices that will positively affect change in marine water quality. Policy 11MP-12: Continue to develop programs that help —identify potential pollution sources and ensure timely and science -based approaches are used in response to problems as they arise. Policy 11MP-13: Develop educational tools and opportunities to raise public awareness of marine issues and to inform them of how they can have a positive impact by helping preserve these marine resources. Whatcom County Comprehensive Plan 11-45 524 2 3 4 5 11 12 13 14 15 16 17 18 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment Policy 11MP-14: Identify areas (such as wetlands and the nearshore environment) that are important to shellfish habitat preservation. Also identify river and stream processes that adversely impact shellfish habitat. Use this information when making land use management and preservation decisions. Policy 11P4P-15: Create a tracking mechanism to document progress made toward improving downgraded shellfish areas. This information will be useful not only in hel�te-sugporting an upgrade when water quality shows improvement, but also in is preventing degradation in currently approved shellfish areas. Policy 11P4P-16: Work with etherthe County Shellfish Advisory BeeFds eCommittees, Marine Resources Committee, Salmon Recovery Fund Board, ai=�d WRIA Watershed Management Board, and other local, state, federal, and tribal agencies Rjaffnfne-to address issues associated with shellfish, shellfish area closures and shellfish habitat. Reason for change: Proposed Policies 11P-11 through 16 were moved from Action Plan, which has been deleted. 19 Policy 11P4P-17: €Consider establishing the Drayton Harbor Watershed as a 20 sending area when considering a tra„s-fc-r,Fa transfer of 21 development rights (TDR) program sending in- the DFayter� 22 Harbor W ateF, hed 23 24 25 Reason for change: Policy 11P-17 was moved from Policy 217-7 and edited. It was tabled by Council over the wording "voluntary, workable" added by Brenner throughout Ch. 11 wherever TDR was used. 26 Policy 11P-18 Support the Department of Health's On -Site Sewage System 27 (OSS) Program as a means to lower degradation of our 28 waterways. 29 30 31 32 33 34 35 36 37 38 39 40 Reason for Change: Monitoring septic ,systems is an important component of helping keep our waters clean. Our Marine system sugoorts not onlv local, critical, and alobal fisheries resources but also a_myriad of interdependent organisms, the importance of which we lack the capacity to fully grasp. The Marine ecosystem is a complex web of life that is increasingly affected by anthropogenic impacts. Toxics, hormones, heavy metals, and other harmful substances flushed into nearshore and marine environments with storm water have been shown to have deleterious cumulative impacts on a range of aquatic and marine dependent organisms. Whatcom County will take steps to halt the practice of treating its streams and rivers as a storm sewer and the marine system as a water treatment facility. Whatcom County Comprehensive Plan 11-46 525 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 Policy 11-Q_ Promote Best Management Practices, land use, and stormwater 2 policies that result in a minimal release of harmful chemicals 3 and metallic substances into surface water and the marine 4 environment. 5 Reason for Change: Recommended addition by the MarineResources Committee. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Note. The Action Plans in each of the Comprehensive Plan elements is proposed` for deletion, as many of the items have been accomplished. Those that have not been accomplished are being considered for adding into the policies, above. - - -- - - - . MMMO - �- - - --- -- - -- -- - -- - - :. : - 520 -- : Reason for deletion This work has been accomplished through the adoption of the Critical Areas Regulations, participation in the WRIA 1 planning' process and development of the Watershed Plan, participation in the Salmon Recovery planning process and development of the Salmon Recovery Plan, and other similar plans. in eengplianee with the eengpFehensive plan, meet the GM ,..J.,,.nqents, and are capable mental i=egulatiens must e— e— e— e— e— ' ef being adnginisteFed in an effierien, include the fellewinig� Whatcom County Comprehensive Plan 11-47 526 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 e-- 2 r' 3 e- 4 e- 5 e- 6 �- 7 e— ' 8 9 e— ' 10 e— , 11 12 �-- 13 o vtr-re,- Local -rm-v-n-rn-„-rrern:a,-RegdratTvrr.re-r�ta,na-aras 14 1 Reason for deletion: This action has been accomplished. • existing develepment t t previde the detailed speeifications • - mental -Fegi=ams in - -g County. At a minimum, • - •ld _ - complingent the • • 20 • • - • - 21 23 24 Because standaFds t -ly pFevide the teehnical • 25 - these - by - - - • develepment - • - - 27 and develepment. 28 Reason for deletion- This �aciionhas been accomplished. l, tribal, - - - - • ♦ - - state - - - eF -sisteney between federal, - tcal - • -ulatiens - - to - eeunty. The betO Feduce-eenfliets, and duplicatien in 35 i i n. 36 1 Reason for deletio . This action item has been moved to Policy 11E-5. ® t•■ ��l.lr\�lil►=r►��i�l►1R L��l•\�\�i•\.......... \.....i1•li� �[•�����lN!Lw►�1 i1��\w�\�!7 38 39 40 41 Reason for deletion: This has been largely accomplished through the adoption of the Critical Areas Regulations, WCC Chapter 17 (Flood Damage Prevention), and the Comprehensive Flood Hazard Management Plan. Additionally, it has been included to Policy 11D-11. Whatcom County Comprehensive Plan 527 County Council Preliminary Draft May 3, 2016 1 Chapter 11 - Environment -- : - -- - — -- -- :- - - :--- - - •(.0 - - - 11 1 Reason for deletion: This action item has been accomplished. I 12 :: systems feF tFacking develepngent in sensitive 13 the Lake -- Lake Sangish, DFayten HarbeF, and h Bay 14 water -sheds eF pFierity aFeas eentaining habitats by - 15 listed -- - e16 1Reason for deletion: this action item has 'been �6complisbed. r endangered 17 Maintain a weFking relationship with a leeal Land TFust and/eF ether • similaF eFganizations. in deing se, Whateem Geunty- uld seek 1 edueatien, acquisitien, mitigation 21 -- - - - eenseFvation easements, 22 :: 23 1 Reason for deletion - This action item 'has been acc6mplished. 24 25 26 27 , and etheF interests. The pregrangs will be 28 29 Educanen 31 Teehni i Assistanee 33 Aeq a+s+t+eR 34 35 ineentives suieh-asevelepment Rights Transfer, Tax E)„F FFal 36 eta 37 Mitigation Banking 38 A h al 4ttee sh„u l d he established to ae.,, lep thew. 39 40 Whatcom County Comprehensive Plan 11-49 528 County• Preliminary Draft May 3, • Chapter 11 - Environment Reason• deletion• e-- • e -• : - - - : - - - ` • Hazards, 1 and Natural Systems).`analysis ef - • existing enfeFeement effeetiveness sheuld establish the requiFements- 10 --. enfereement needs. 16 language), ean fill eut the application witheut expending laFg-e • peFieds ef tinge. in meeting -e eeunty - - pursue • 1 ,, n : : and -le - ngit - - - 23 A. —7'Vle.�eeptable permit pFeeessing time. /','-....flexibi1ity when - : - 25 pFeperty while still - : - : - -valu 26 —Review by pre appiceved, private seEtE)F pFefessienals, where 27 - - : : : - : - • administFative - : 1 eeffimunity,and ingplementatien ef the-- ::. 34 11 Reason for deletion: This action item has been accomplished. • - -- - -0 M. 2- 39 Reason for deletion: This action item has been accomplished. /1 Natural Hazards Whatcom County Comprehensive Plan 11-50 529 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ME 21 24 25 a -in 27 28 29 30 31 32 33 34 35 36 37 38 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment _.._.� Lam\•mgI\:�l:�\:\wiles■•►w:��ll lt����t.\��[��■�:�.I.1►i\�i il9 Mow - - - - -- - - - - : : - - - - - - -: - : Reason for deletion: This action item has been moved to Policy 11D-12. Reason for deletion: Moved to policies. Reason for deletion: In considering any density changes, natural hazard areas are always considered. NOW I'M -- - - --MMINK.—MMEM.- - 27tL Whatcom County Comprehensive Plan 11-51 530 County Council Preliminary Draft May 3, 2016 11 - Environment effleient use of rceseut=eesby - -- in efferts ef theen Gengngittee, the 3 Whateem WateF Utilities Gengrnittee (WWUG), WRIA Watei=shedPlanning, and et-etheF avenues 5 Reason for deletion: These items are similar to�ppjicies already included above. 6 A Gentinue identifying aFeas that require spee"al preteetien such as and high - FieFity watersheds, and 10 Reason for deletion, This item has been moved to Policy 1117-�. 12 management plans and pFeteetien effei=ts, and integFate thein : eeffipFehensive 14 SuppeFt existing and pending pregFangs sueh as these dir-eeted at Lake 1 :: - -t). The 'eve' ef SUppeFt feF these- budgeting-- - 22 1 Reason for deletion: These items are similar to policies aiready included above. Watei=shed Aetien Plans,_ Lake Whateeng ManagementPFegFam, Reason Tor deletion, This item has been moved to Policy lif-..8. • - - - - - - - . :: • eptiens feF Feview by - :. 1 :: eFiteFia feF establishing- :. pFetectien aFeas, a32 --trz-f-vee-ufage ngeteFing of publie water- systengs with UFban Growth Areas. euFFent process te establish a eeuntywide i=eseuFees manageffientbedy. 35 1 Reason for deletion: These items are similar to policies already included above. 531 County Council Preliminary Draft May 3, 2016 Whatcom County Comprehensive Plan Chapter 11 - Environment 11-53 532 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment - integrating surface Feduetien Sam - • - - - . -- - - - - - : : :- :: Reason for deletion: This action has already been incorporated into PDS` procedures. IMM LARMISMIC r - : - : Alk. srd� �Mr"Mmq a - -- :- Reason for deletion: This item has been moved to Policy 11J-11 Whatcom County Comprehensive Plan 11-54 533 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment -: - -- natural systengs. TA eerFideFs thFeughoutthe :. • Support the develeprrient 7 describes, and ehaFaeteFizes the -- ef native vegetatien • te enhanee natural systems in Whateem • 1 Reason fordeletion* This acti• been accompiioed. ::.M"z7- the Geurity fish and wildlife: 13 purpese of further identifying, understanding, and supporting 14 stewardship of wildlife speeies and their habitats. This pFegrarn ngay 15 include -- - spaee tax incentives, eeepeFative • volunteer steWaFdship pregrangs, site speeifie n9anagerriefft—pla-ri-s-, - - • --71erFt the deveieprrient ef educatienal pFegFaFns • eurriulative impaets to fish and wildlife freFri- - 20 - - Fflarine andnes, especially in 21 areas ef higher density These23 habitat censervatien areas. plans - full acceunt, take inte 24 the- - the the pla ined--unding landuse activities andCenStFaints. 27 of regulatiens that address fish and wildlife preteetien. 29 pFevide design standards and specificatiens feF the passage ef fish 30 - : • -eulveFtS whereneeessary and feasible.- - 31 that - - ebstructiens te fish passage. 32 1 Reason for deletion: These action items haye-been accomplished. II RReason for deletion -:OThis act4ii"on item has been accOmplished. Whatcom County Comprehensive Plan 11-55 534 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 aidentify existing and histerieally ingpertant fish habitats. include a 2 eerripenent that seeks te pFeteet and FesteFe these habitats and te 3 mitigate future impacts te fish habitats. 4 1 Reason for deletion: This action item has been accomplished. 5 Determine appFepriate strearn and Fiver buffer widths, based ::- 6 Best -- Science that will eptingize fish and wildlife habitat and 7 water quality. 11 C2 Amend the Whateern Geunty SherelineManagement PFegFaFn L3 pFeteet threatened and endangered species, eensistent with RGW •• • and-_ :: • Ainend theAreaand s regulations to protect threatened e. .172, which calls feF • -special eensideratien 19 necessary to preserve or enhance anadrerrieus fisheries, and 20 Department ef Eeelegy rules relating te Best Available Science (WAG 195, ■ 22 In- we • Review and consider angendrigents te the Whateern threatened29 Develepment Standards, SterrnwateF Management chapter, te protect, 30 - Review andeensideramendments 31 to the SteFmwater Management chapter with the 32 I)epaFtngent ef Eeelegy's- . 33 1 Reason for deletion: This action item has been accomplished. ..... .. EMIS W • - - - Reason for deletion- This action item has been accomplished. Whatcom County Comprehensive Plan 11-56 535 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment 1 AL sh feFmal ~~, e-a-r,-aC,—�s—o,—nTe--re®ksaek—Rivy River, preelude 2 , and pFemete the Rivet= and 3 . 4 1 Reason for deletion: This item has been moved to Policy 113-12 5 finds 6 $ , assigning buffers, 9 addresq',-- an wetlands and habitat fei= listed species that fellews, 10 . 11 12 i=eduetiens and mitigatien. 13 1 Reason for deletion: These items have been accomplished. - :: :: - eFdeF te pretect wetlandsn- 17 Whateeng County. This eernpenent will includethe - 18 -- 19 Describe, inventeFy, and - - wetland systems in Whateeng 20 Geunty. Assess the funetiens and values ef these systengs 21 relate te fish, wildlife, water quality, and wateF quantity. 22 1 Reason for deletion: These action items have been accomplished. 23 Iw Synthesize the myFiad fedeFal, state and local Fegulatiens relating te deeument that- :: . be as brief and cencise as pessible. 27 Reason for deletion. This action item has been accomplished. • - - - . : :: all:allew for: eut : 30 should inelude pFevisiens fei= the eFeatien ef eff site wetland Mitigation 31 and fer the- : - and use ef mitigationbanking. 32 Reason for Change. There are other options for achieving this. 33 34 35 36 37 Whatcom County Comprehensive Plan 11-57 536 10 11 12 13 14 15 16 17 County Council Preliminary Draft May 3, 2016 Chapter 11 - Environment Reason for deletion: Moved to policies Policy 11M-11 through 11M-16. Whatcom County Comprehensive Plan 11-58 537 July 12, 2016 Chapter 11 - Environment Page and line numbers reflect Planning Commission Recommended Draft dated 111412016 (htt : wa- whatcomcounty.civicpius.com/DocumentCenter/Viewll5160). To improve clarity of Councilmember requested changes, previous edits (i.e. staff and Planning Commission) are included, but not show as edits. Previous changes made by the Council are underlined or struck eut, but not bold. New changes are in bold. 1) p. 11-30; New Policy 11J-9: Request the Department of Ecology to determine how much water is being used in Whatcom County and provide the information to the WRIA 1 Planning Unit to assist in its recommendations to the Whatcom County Council. (Brenner) 2a) p. 11-31; Policy 11K-2: Develop a StGFm dFai. age utility dirt.-„-+ „ the.- funding Fnee anism to dea with the unique FObleFA „f devel ,., eRt ; a drinking , „teF watershed. and implement funding mechanisms proposed in the 2008 Lake Whatcom Comprehensive Stormwater Plan to support lake water quality protections by 2020. (Brenner) (alternatives to 53b and 53c) 2b) p. 11-31; Policy 11K-2: Develop a StOFFR drainage utility distFiet OF 9thor funding .neGhanism to deai with the unique r„hlem of d..... lep eRtin a dFi.,l.i. g water Watershed and implement the fair and equitable funding mechanisms called for in the 2008 Lake Whatcom Comprehensive Stormwater Plan to support lake water quality protections by 2018. (Weimer) (alternative 53a and 53c) 2c) p. 11-31; Policy 11K-2: Develop a storm drainage utility district or other funding mechanism to deal with the unique problems of development in a drinking water watershed. Implement a fair and equitable funding mechanism to support lake water quality protections by 2020. (Donovan) (alternative 53a and 53b) 3a) p. 11-31; Policy 111K-4: Work cooperatively with the City of Bellingham, a44d-the Lake Whatcom Water and Sewer District, and applicable associations and organizations to identify, review, and, as appropriate, recommend changes to existing monitoring programs+h-.+will .,d-d-ress the needs of thev.aousi....iSdi,...o,.o better improve lake water quality. (Brenner, Donovan) 3b) Place a particular focus on the information needed to evaluate the impacts of additional development and stormwater management measures in the watershed. InrOlude an -analysis of the diver-sion from. the A4*d-d-lp- Fork of the Alaaksaak Coordinate efforts with the Lake Whatcom Management Committee process. (Donovan) 1 538 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 11- Environment 4) p. 11-31; Policy 11K-7: Work cooperatively with the City of Bellingham and the Lake Whatcom Water and Sewer District to develop and track benchmarks to determine: the effectiveness of management options; when goals have been achieved; and/or when additional actions are necessary. (Brenner) 5a) p. 11-32; Policy 11K-9: Work to keep state publically-owned forest lands within the Lake Whatcom watershed in public ownership... (Donovan) 5b) ...and support managing forestry on these lands in a manner that minimizes sediment and phosphorus yields from streams, and is consistent with Best Available Science (BAS) data, in order to protect and enhance water quality. (Brenner, Donovan) 6a) p. 11-32; Policy 11K-10: Encourage the location of public services, such as schools, libraries, parks/open space, and post offices within RuFal Communities Sudden Valley ... (Brenner, Donovan) 6b) ...that would likely in an attempt to reduce the vehicle miles traveled within the watershed. (Brenner) 7) p. 11-32; Policy 11K-11: Continue to work with Bellingham and Lake Whatcom Water and Sewer District to protect and manage the Lake Whatcom watershed in accordance with the 1998 jointly adopted interlocal agreement. Focus on continued implementation of the 5-Year Work Plans of the Lake Whatcom Management Program. In addition, work with the affected jurisdictions and secure funding for programs that protect and enhance water quality. (Brenner) 8) p. 11-32; Policy 11K-12: Review and modify (as needed) the current development review process for projects in the Lake Whatcom Watershed to ensure coordination with other jurisdictions to streamline regulations that improve and protect water quality. (Brenner) 9a) p. 11-33; New Policy 11K-20: Urban Growth Areas shall not be designated or expanded within the Lake Whatcom Watershed. (Brenner) 9b) ..., and rezones that allow greater residential densities will not be allowed. (Weimer) 10) p. 11-34; lines 4... 12: Among the habitats of importance to fish and wildlife are the following: • caves, cliffs, rocky balds, and talus slopes; (Brenner) 11) p. 11-34; lines 25-26: Most Fegiepai terrestrial wildlife species regularly use aquatic and riparian habitats for breeding, feeding, shelter, and migratory activities. (Brenner) 19 539 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 11- Environment 12) p. 11-34; lines 46 — p. 11-35 line 5: Loss of native vegetation through conversion to ornamental vegetation and non-native species eften can results in loss of wildlife habitat, increased competition to native wildlife from introduced species such as starlings, and increased maintenance needs. Loss of native vegetation also can occur through invasions of non-native species, such as the spread of Spartina, which can drastically displace important native eelgrass and muciflat communities. (Brenner) 13) p. 11-35; lines 12-15: Decline in salmonid abundances have been attributed to widespread loss and degradation of habitat, due to hydropower, residential and urban development, agriculture, and forestry, and fishing and hatchery production. cif -and (Brenner, Sidhu) 14) p. 11-35; lines 27-28: Marine habitats include all salt water bodies and their shorelines, kelp and micro algae beds, eelgrass meadows, salt marshes, beaches, and mudflats. (Brenner) 15) p. 11-36; lines 16-22: The primary measure of water quality for shellfish harvesting is bacterial contamination associated with human sewage and ^ FA^' I-•^9*eC fecal coliform. There are many Rpotential sources of fecal bacteria, such as ;",tee municipal sewage treatment plants, on -site sewage systems, boat waste, farm animals, pets, and wildlife. Since 1995, valuable shellfish beds in Portage Bay and Drayton Harbor have been downgraded (harvest prohibited) due to non - point pollution impacting recreational, tribal, and commercial harvesting. (Brenner, Sidhu) 16) p. 11-37; lines 37-39: Growth Development and urbanization of the land base have and may continue to isle is result in the degradation and reduction of Ratural systems ecosystem functions. Wetlands and estuaries continue to be lost incrementally. (Brenner) 17) p. 11-38; lines 9-19: Many stFearA s .stems :r .A-1hat .,,.,, County have been alte..ed by agriculture These impaos Gan directly affeet the fishpripc (Sidhu) 540 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 11- Environment 18) p. 11-38; line 20, new paragraph: Agriculture can enhance or restore natural systems as undeveloped open spaces and current forestry practices can, and do in many cases provide shade and cool water for salmon habitat, and stabilize banks. With agriculture and forestry being so important to our survival, it is imperative we acknowledge this in our environmental chapter. (Brenner) 19) p. 11-38; lines 21-26: Finally, the r.-It-malwal-P fach 2nd wildlife they haFboF, has Gften been ignere-d- in 12-nd- ---se- d-e-c-i-siens The gatheFing Gf fish, game, and- ether nat, wal rese, irces farms. a rentmil- aspeist of many cultums in this Fegion. Also, the meFe a eAr—e Of *P-Se wati.r-al Finally, a healthy and functioning ecosystem, including forests, wetlands, fish, wildlife, and native plants they harbor, is an identified resource. A healthy ecosystem supports diverse and abundant wildlife, fish, and plant populations, and is necessary. The gathering of fish, game, and other natural resources forms a central aspect of many cultures in Whatcom County. The mere presence of these natural resources constitutes a community amenity that is a substantial part of our local economic base. (Brenner) 20) p. 11-38; Policy 11L-1: -ne-fine and- identify habitats and- ha-bitat fA--atsures impeFtaRt W 2 h2l2AGPd Define and identify species, habitats, and habitat features important to a balanced and sustainable web of life, biodiversity, and especially important to fish, native plants, and wildlife. Create, and regularly update an Ecosystem Report. (Brenner) 21) p. 11-38; Policy 11L-2: Develop and adopt programs that protect habitats essential to the conservation of species that have been identified as endangered, threatened, or sensitive by the state or federal government as well as habitats identified as necessary in the Ecosystem Report.. These programs should maintain and encourage restoration of habitat conditions for listed species of concern, as well as habitats identified as having significant biodiversitv, connectivity and other important features and functions. (Brenner) 22) p. 11-38; Policy 11L-3: Develop incentives for the protection of environmentally fragile areas or critical plant and wildlife habitats and- c-orriders as well as habitats that provide connectivity (corridors). (Brenner, Sidhu) 23) p. 11-39; Policy 11L-7: Promote voluntary fish and wildlife habitat enhancement projects through educational and incentive programs, such as purchase of development rights or habitat conservation easements. These projects, which can be done by individuals, organizations, and businesses, sheuld will buffer and expand fish, Ip ant, and wildlife habitat. (Brenner) 4 541 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 11- Environment 24) p. 11-39; Policy 11L-8: Give careful consideration to the siting of industrial, commercial, residential, and other land use designations when located near important marine, terrestrial, or other critical habitats. (Brenner) 25) p. 11-39; New Policy 11L-14: Consider the value of wildlife populations in land use decisions that may impact them, their associated habitats, and connectivity. (Brenner) 26) p. 11-39; New Policy 11L-15: Mitigation to Habitat Conservation Areas should be tracked and monitored to ensure no net loss to natural area. (Weimer) 27) p. 11-39; New Policy 11L-16: Monitor Habitat Conservation Areas to obtain a baseline of correct conditions and to ensure no net loss and avoidance of cumulative impacts. (Weimer) 28) p. 11-39; New Policy 11L-17: New Urban Growth Areas shall not be designated in or expanded in to the Lake Whatcom Watershed. (Donovan) 29) p. 11-40; Goal 11M: Protect and enhance natural systems ecosystems that support native fish, Ip ant, and wildlife populations and habitat. (Brenner) 30) p. 11-40; Policy 11M-2: Protect ate -enhance significant fish spawning and rearing habitat, food resources, refugia (shelter), and travel passages. (Sidhu) 31) p. 11-40; Policy 11M-10: Encourage landowners to voluntarily protect surface water quality with filter strips or other appropriate water cleansing mechanisms installed between lawns, landscaping, livestock pens, or agricultural fields and waterbodies. (Sidhu) 32) p. 11-41; Policy 11M-11: Formulate and implement a comprehensive, landscape -based, environmental management program to protect fish and wildlife. The program should include the following: 1. Formulate an administrative approach to the review of development and planning proposals that consider natural system policies:,- 2. Investigate and develop programs for acquisition and restoration of important fish, plant, and wildlife habitat areas.. 3. Work cooperatively with local , state, and federal jurisdictions and departments (such as the Department of Natural Resources, Department of Fish and Wildlife, and Department of Ecology), tribal entities, local jurisdictions, organizations, and individuals for the purpose of developing and entering into cooperative agreements with State and Federal agencies and neighboring jurisdictions for the purpose of identifying and protecting natUFals !cosystems. 4. Identify and map important habitat corridors and connectivity throughout the county:; and 5 542 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 11- Environment 5. Support the development of educational materials which lists, describes, and characterizes the appropriate use of native vegetation to enhance na#UFal-systems ecosystem functions in Whatcom County. (Brenner) 33) p. 11-41; Policy 11M-13: Diligently work to prevent and/or reduce the establishment and/or the spread of invasive species. (Brenner) 34) p. 11-41; New Policy 11M-15: Participate in protection and improvement of biodiversity. (Brenner) 35) p. 11-41; New Policy 11M-16: Consider establishing important habitat areas as sending areas after creating a voluntary, workable transfer of development rights (TDR) program. (Brenner) 36) p. 11-43; New Policy 11N-6 (renumber subsequent policies): Mitigation of wetlands should be reviewed and tracked over time to ensure no net loss of wetland function. (Donovan, Weimer) 37) p. 11-43; New Policy 11N-9: A baseline of wetland ID and function should be made to track and prevent net loss and avoid cumulative impacts. (Weimer) 38) p. 11-42; lines 6-10: Wetlands are crucial environmental features in Whatcom County. AnGe thGught aFeas and URPFGduGtive lands, it is now known that- Wetlands provide invaluable functions in aquifer recharge, groundwater storage, floodwater detention, pollutant removal and purification of water supplies, as well as provision of fish and wildlife habitat. (Brenner) 39) p. 11-42; lines 10-12: Loss of wetlands has been due to many factors especially urbanization. (Brenner, Sidhu) 40) p. 11-44; Goal 110: Protect and enhance marine ecosystems and resources in Whatcom County. (Brenner) 41) p. 11-45; Policy 11P-2: Restore degraded waters within the drainage basins of shellfish growing areas to a level that allows/supports shellfish harvesting by work with the Department of Ecology, Tribes, Department of Health, Department of Fish and Wildlife, and affected property owners to improve water quality. (Brenner) L 543 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 11- Environment Proposed Reconsideration of Previous Changes In these proposed reconsiderations, previous changes made by the Council are underlined or s#FueIF ems, but not bold. New changes are shown in bold. Previous Council changes proposed for deletion are highlighted. 42) p. 11-7; Policy 11A-4: Manage designated Critical Areas (€GAs) as needed, as needed to ,;;;,;; i minimize or protect against environmental degradation and reduce the potential for losses to property and human life. (Brenner, Sidhu) 43) p. 11-8; lines 38 - p.11-9, line 2: There are currently a multitude of regulations and administrative processes at the federal, state and local level that together have become excessive and difficult to understand. Conflicting regulations and complicated administrative processes can create undue hardship on community members and result in reduced levels of environmental protection. RegwlatGFN �� fad violations, and ultimately ital deteFiGFatieo, 44) p. 11-11; lines 29-30: Higher winter streamflow in rain -fed river basins Fesult*na iR11yeds that negative y ^e^t ^alm^_R populations if winter precipitation vents increases in the future as projected (Brenner, Sidhu) 45) p. 11-12; lines 4- : In 2007, Whatcom County completed a Climate Protection and Energy Conservation Action Plan that laid out specific actions and targets for reducing greenhouse gas emissions and increasing energy conservation efforts in response to potential climate change. Increase research and implementation of desalination with many other coastal communities to potentially provide more potable water and offset the impacts of climate change. In addition many insurance industry experts are now factoring in the costs of climate change into insurance premiums as the increase in the frequency and severity of extreme weather events around the world results in a corresponding increase in claims costs. Local government residents and businesses must anticipate, that as the climate changes more frequent and severe damage to private and public infrastructure w+44 may occur. Maintenance costs and insurance premiums e—an be experAedd We may increase accordingly. (Brenner, Sidhu) 544 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 11- Environment 46) p. 11-12; Policy 11D-1: Whatcom County's natural resource -based economic sectors, natural systems, water resources, infrastructure, emergency management, and public health all face potentially neteweFthy climate change related risks in the future. The County should consider potential long-range climate change implications into its on -going functional planning and implementation actions. (Brenner, Sidhu) 47) p. 11-17; lines 1-6: Volcanos —A volcanic eruption or mudflow at Mount Baker could potentially severely affect river flow on the Nooksack River or Baker River and cause severe property damage near the volcanoes or along lahar routes. A lahar is an extremely rare and unpredictable occurrence. Evacuation routes should be planned and made public. Development should be regulated ar=G FdiAg to the Development should be regulated according to the Critical Areas Ordinance. (Brenner, Sidhu) 48) p. 11-18; Restore Policy 11F-5: as habl adveFse 94 site im is to ether „ oldie er. natu -..! systems (these impaCAS I+' from the into aeti n of the natu Fal hazy Fr! and the pFepesed development) aFe minimized OF mitigated. PFebable adveFse impacts sheuld be pFevented eF avoided in habitats ef state OF fedeFally listed sensitive plant and animal speGies. Allow permitted uses that do not require human habitation, so lone as probable adverse off -site impacts to other properties or natural systems (those impacts resulting from the interaction of the natural hazard and the proposed development) are minimized or mitigated. Probable adverse impacts should be prevented or avoided in habitats of state or federally listed sensitive plant and animal species. (Brenner, Sidhu) Tabled 49) p. 11-30; New Policy 11J-7: Implement a plan with the Department of Ecology by 2025 to measure and record commercial and agricultural water usage. (Donovan) Ez? 545 July 12, 2016 Changes Approved April Proposed Council Changes to Comprehensive Plan Chapter 11- Environment 1) p. 11-4; lines 23-26: Over 2.5 million years ago, during the Ice Ages, glacial ice invaded the Puget Sound lowlands from the north at least four times, with the last major glacial event, the Fraser Glaciation, ending approximately 12,000 years ago. (Brenner) 2) p. 11-6; lines 5-12: General environmental goals and policies are intended to provide guidance for environmental management that will promote environmental protection and good stewardship practices through a balance of public education_ and involvement; incentives, acquisition and voluntary programs; land use planning and regulations; environmental monitoring; and intergovernmental cooperation. These goals and policies are also intended to provide guidance to County government as it assists its citizens in maintaining a balance between individual property rights, economic development,. and environmental protection. (Brenner) 3) p. 11-6; lines 21-23: At the turn of the 20th century, the areas surrounding Lynden, Sumas, and Ferndale were logged, drained, and converted to agricultural land. (Brenner) 4) p. 11-8; Policy 11A-11: Designate high -value open space and natural areas for acquisition, conservation easements, open space, and other such programs to protect these natural areas upon request or consent of the property owner. (Brenner) 5) p. 11-8; lines 38-40: There are currently a multitude of regulations and administrative processes at the federal, state, and local level that, together, have become excessive and difficult to understand. (Brenner) 6) p. 11-11; lines 9-11: Climate change is a global phenomenon that has the potential for significant local impacts to natural resources, ecosystem functions, as well as human health, infrastructure, and the economy. (Brenner) 7) p. 11-11; lines 14-16: Based on a range of climate change model projections, as well as peer -reviewed scientific publications, the CIG concludes that during the next 20-40 years the Pacific Northwest climate may change significantly. (Brenner) 8) p. 11-11; lines 39 — p. 11-12, line 2: Agricultural sector concerns include the cost of climate adaptation, development of more climate -resilient technologies,. and management and availability of adequate water supplies. Susceptibility to natural hazards is also expected to intensify due to climate change, including increased landslides, erosion, and coastal and riverine flooding due to more winter rainfall, and potential rising sea levels. (Brenner) 0 546 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 11- Environment 9) p. 11-12; Policy 11D-1: Whatcom County's natural resource -based economic sectors, natural systems, water resources, infrastructure, emergency managements, and public health all face potentially noteworthy climate change related risks in the future.... (Brenner) 10) p. 11-12; Policy 11D-3: Promote the efficient use, conservation, and protection of water resources. (Brenner) 11) p. 11-14; lines 37-39: Pyroclastic flows, ash flows, and especially volcanic mudflows, (also known as lahars), are believed to be the greatest dangers to human life and development in Whatcom County. (Brenner) 12) p. 11-27; Policy 111-3: Limit the alteration of natural drainage systems and natural water storage sites without mitigating measures. Such measures should not degrade water quality or fish and wildlife habitat., and should not increase hazards to the community. (Brenner) 13) p. 11-27; Policy 111-8: Strongly incentivize the use of low impact development strategies. Minimize the amount of impervious surface whenever practicable by using natural engineering design methods, such as the use of open, grassed, street swales and rain gardens instead of curbs and gutters. Where feasible, encourage alternate surfacing options and other techniques associated with low impact development (see Glossary). (Brenner) 14) p. 11-32; Policy 11K-10: Encourage the location of public services, such as schools, libraries, parks/open space, and post offices within Rural Communities that would likely reduce the vehicle miles traveled within the watershed. (Brenner) 15) p. 11-34; lines 46 — p. 11-35, line 3: Loss of native vegetation through conversion to ornamental vegetation and non-native species often results in loss of wildlife habitat, increased competition to native wildlife from introduced species, such as starlings, and increased maintenance needs. (Brenner) 16) p. 11-42; lines 10-12: Loss of wetlands has been due to many factors, including urbanization, and to a large degree to agricultural development and associated drainage projects. (Brenner) 17) p. 11-43; Policy 11N-6: Recognize beneficial wetland uses, functions, and values. Support protection of fish and wildlife habitat, water quality, plant diversity, flood attenuation, and low -flow contribution, and water storage through planning, acquisition, incentive programs, and mitigation. (Brenner) 18) p. 11-10; lines 6-15: Prior to the 1970s, growth in Whatcom County was relatively slow and received little management. As a result, private property owners were left to their own resources as they determined how best to use their land. However, as 10 547 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 11- Environment increasing numbers of people have moved to this area and settled, a greater demand has been was placed on Whatcom County's natural resources. The problems that arise from this situation have caused many to realize that - what one person does with hisLoFher property may have an impact on the larger environmental system that sustains us as a community and on the rights of other property owners. (Brenner) 19) p. 11-10; lines 17-19: Land use decisions can no longer be considered exclusively private matters. We are aware that public actions impact every private citizen in Whatcom County and that private actions may have public consequences as well. (Brenner) 20) p. 11-10; Policy 11C-2: When adopting new environmental protection programs, consider multiple economic parameters including development objectives, aPA impacts, and the economic benefits of the natural environment as both a resource and an amenity. (Brenner) 21) p. 11-11; lines 25-32: • More precipitation falls as rain rather than snowfall in the Cascades due to an increased snow -line elevation; • Decreased (winter) mountain snowpack and earlier (spring) snowmelt; • Higher winter streamflow in rivers that depend on snowmelt; • Higher winter streamflow in rain -fed river basins if winter precipitation increases in the future as projected; • Earlier peak (spring) streamflow in rivers that depend on snowmelt • Lower summer streamflow in rivers and streams; and • Decreased water in summer for irrigation, fish, human consumption and recreational use (more drought -like conditions)_ (Brenner) 22) p. 11-13; Policy 11D-5: Establish land use patterns that minimize transportation -related greenhouse gas emissions and encourage the preservation of natural resource lands and the protection of water resources. (Brenner) 23) p. 11-13; lines 34-35: Various slope failure processes contribute to the mosaic of landslide hazards present in the Ccounty and the potential exists for a multitude of impacts ranging from periodic small- to large-scale rockfalls and slides, massive debris slides and avalanches, destructive debris flows, and deep-seated earthflows, slumps, and slides. These landslide processes act on both large- and small- scale, and though much less catastrophic in nature, smaller landslides occur more frequently and pose a continually hazard to County residents and infrastructure. Certain types of geologic conditions and formations aFsemmen 11 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 11- Environment commonly cause landslides, namely the Chuckanut Formation and the Darrington Phyllite, ... (Brenner) 24) p. 11-14; lines 43-45: The same lahar is now known to have been over 300 feet deep in the upper reaches of the Middle Fork and extended as far west as Nugent's Corner. (Brenner) 25) p. 11-15; lines 8-10: Mapping over the past decade of other Cascade volcanoes has demonstrated massive mudflows extending from the volcanoes to Puget Sound, and from Mount Rainier and Glacier Peak. (Brenner) 26) p. 11-15; lines 30-32: Recent research has shown that these crustal faults are capable of generating a magnitude 7 earthquake with an average recurrence interval of 30 to 50 years. (Brenner) 28) p. 11-17; lines 30-31: The 1990 Nooksack River floods caused over $20 million dollars of in damage to roads, bridges, buildings, and farmland. (Brenner) 29) p. 11-19; Policy 11F-9: To address the causes of flooding and avoid expensive and maintenance - intensive bank protection measures, the cGounty should prioritize its floodplain property acquisition program. (Brenner) 30) p. 11-21; lines 5-8: Water resources of Whatcom County provide_ natural beauty; recreation; habitat for fish and wildlife; water for drinking, agriculture, and industry; and other benefits essential to the quality of life and economic health of the community. (Brenner) 31) p. 11-21; lines 15-21: Whatcom County has 16 major freshwater lakes, 3,012 miles of rivers and streams, over 37,000 acres of wetlands, 134 miles of marine shoreline, and aquifers containing an undetermined amount of groundwater. These water resources serve multiple uses., including providing a source of drinking water for the people of Whatcom County. Surface water sources such as Lake Whatcom, the Nooksack River, and Lake Samish provide water to more than half the county residents., with the remainder relying on groundwater either from individual wells or from about 300 public water systems. (Brenner) 32) p. 11-21; lines 32-35: Aquifers are often integrally linked with surface water systems and are essential for meeting in -stream and out -of -stream water needs such as for drinking water, agriculture, ether industry, and other uses. (Brenner) 33) p. 11-22; lines 3-6: The intent of the following goals and policies is to provide guidance to Whatcom County government as it assists its citizens in effectively managing our water resources in a manner that ensures that the benefits of those resources are maintained far into the future. (Brenner) 12 549 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 11- Environment 34) p. 11-22; lines 18-22: • WRIA 1 Watershed Management Project; • Lake Whatcom Watershed Management; • Groundwater Protection & Management; • Flood Hazard Management; and • Stormwater Management; (Brenner) 35) p. 11-24; Policy 11G-6: Actively promote and participate in education, research, and information opportunities that better improve our understanding of the county's complex water resource systems. New information should be considered in the development and evaluation of management actions. (Brenner) 36) p. 11-25; Policy 11H-3: In conjunction with the public and appropriate local, Sstate, Tribal, and Ffederal jurisdictions, define, and identify and develop management strategies for watershed basins and subbasins that may require special protection. These areas may include aquifers, critical aquifer recharge areas as defined under the Growth Management Act, Groundwater Management Areas, wellhead protection areas, and high priority watersheds such as those specified under WAC 400 (Local Planning and Management of Non -point Source Pollution), WRIA Watershed Management Planning, and under legislative policy direction (e.g. Nooksack Basin, Lake Whatcom, Lake Samish, and Drayton Harbor). (Brenner) 37) p. 11-26; Policy 11H-5: Pursue the adoption and implementation of ground and/or surface water management plans and their integration into local comprehensive plans. Designate the Lake Whatcom and Lake Samish Watersheds as a high priorityies in this effort. (Brenner) 38) p. 11-27; Policy 111-4: Support the use by resource industries, such as agriculture, forestry, and mineral resource extraction of by management practices that minimize erosion and sedimentation, and significantly reduce pollutants. (Brenner) 39) p. 11-31; Policy 11-K-4: Work cooperatively with the Ccity, and Lake Whatcom Water and Sewer District, and applicable associations to identify, review, and, as appropriate, recommend changes to existing monitoring programs that will address the needs of the various jurisdictions. Place a particular focus on the information needed to evaluate the impacts of additional development and stormwater management measures in the watershed. Include an analysis of the diversion from the Middle Fork of the Nooksack. Coordinate efforts with the Lake Whatcom Management Committee process. (Brenner) 40) p. 11-31; Policy 11-K-7: Work cooperatively with the City and the Lake Whatcom Water and Sewer District to develop benchmarks to determine_ the effectiveness of management options; when goals have been achieved; or when additional actions are necessary. (Brenner) 13 550 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 11- Environment 41) p. 11-33; Policy 11-K-18: Work with all parties to maintain., and appropriately plan for infrastructure, public services, and stormwater retention so that Sudden Valley can develop to its appropriate potential. (Brenner) 42) p. 11-33; lines 37-40: Natural Systems goals and policies are intended to provide guidance to county government as it assists citizens to effectively manage and enhance these natural systems= and ensures that the benefits of these systems are maintained far into the future. (Brenner) 43) p. 11-34; lines 6-14: • wetlands, lakes, and streams; • nearshore, intertidal, estuarine habitats, and marine habitats including, but not limited to, kelp and eelgrass beds;, • riparian areas and other travel corridors; • snags and downed logs; • forested habitats in a variety of successional stages; • caves, cliffs, and talus slopes; • grasslands and cultivated fields; and • thickets and fence rows_. (Brenner) 44) p. 11-34; lines 36-37: ... stream beds with abundant logs, step waterfalls, pools, an4 cutbanks, and vegetated marine and estuarine communities. (Brenner) 45) p. 11-35; lines 28-36: These habitats play a vital role in the health of the local environment, as well as of the broader Puget Sound region. They provide spawning, rearing, and feeding grounds for a wide variety of marine life, as well as refuge for juvenile and adult fish, birds, and shellfish. The vegetation on back -shore marshes and within estuaries buffers adjacent upland areas by absorbing wave energy and slowing erosion. Symptoms of ecosystem stress include: declining stocks of salmon, bottomfish, and forage fish... (Brenner) 46) p. 11-36; lines 7-9: The warm, nutrient -rich tide flats in and around Lummi, Portage, and Birch Bays, and Drayton Harbor, and Eliza and Lummi Islands represent unique water resources in this regard. (Brenner) 47) p. 11-36; lines 7-9: Shellfish Recovery Plans Shellfish Recovery Plans have been created for each of three districts. The plans outline the primary sources of bacteria and actions to improve water quality.: • Drayton Harbor Shellfish Recovery Plan (2007); • Portage Bav Shellfish Recovery Plan (2014). Portage Bav Initial Closure Response Strategy (1998) ; and 14 551 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 11- Environment • Birch Bay Initial Closure Response Strategy (2009); Pertinent Documents • Whatcom Marine Resources Committee 2011-2015 Strategic Plan (2010) This document outlines the MRC's mission, vision, aPA values, theia= goals and objectives, and strategies for achieving them. (adjust formatting as appropriate) (Brenner) 48) p. 11-37; lines 20-26: The Whatcom County Shoreline Management Program jurisdiction includes: • More than 130 miles of marine shoreline; • More than 60.miles of lake shoreline; • More than 220 miles of stream channels; and • All wetlands and floodways associated with the above shorelines, together with all upland areas within 200-feet of the Ordinary High Water Mark (OHWM), (Brenner) 49) p. 11-37; lines 28-29: Whatcom County and the Washington State Department of Ecology (DOE) share joint authority and responsibility of for the Whatcom County SMP. (Brenner) 50) p. 11-37; lines 37-38: Growth and urbanization of the land base have and may continue to impose a risk to the degradation and reduction of for natural systems. (Brenner) 51) p. 11-38; Policy 11L-3: Develop and adopt programs that provide incentives for Vqe protection of environmentally fragile areas or critical wildlife habitats and corridors. (Brenner) 52) p. 11-38; Policy 11L-12: Ensure tha design and development of residential and industrial development minimizes disturbance to rivers, streams, and functioning riparian areas. (Brenner) 53) p. 11-41; Policy 11M-14: Actively participate in and support WRIA 1 Salmon Recovery efforts to return self-sustaining salmonid runs to harvestable levels through the restoration of healthy rivers, marine shorelines, and natural processes, careful use of hatcheries, and responsible harvest. (Brenner) 54) p. 11-41; Policy 11M-11: Formulate and implement a comprehensive,. landscape -based, environmental management program to protect fish and wildlife. The program should include the following: 6. Formulate an administrative approach to the review of development and planning proposals that consider natural system policies,; 7. Investigate and develop programs for acquisition and restoration of important fish and wildlife habitat areas,; 15 552 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 11- Environment 8. Develop and enter into cooperative agreements with State and Federal agencies and neighboring jurisdictions for the purpose of identifying and protecting natural systems'; 9. Identify and map important habitat corridors throughout the county'; and 10. Support the development of educational materials which lists, describes, and characterizes the appropriate use of native vegetation to enhance natural systems in Whatcom County. (Brenner) 55) p. 11-43; Policy 11N-5: Property rights and public services are an essential components of our political and economic system. Where such rights and public services are significantly compromised by the goal of wetland preservation, adverse wetland impacts may be permitted through standardized mitigation. This may include avoidance, impact minimization, restoration, enhancement, creation, or off -site compensation for loss of wetland functions in accordance with mitigation sequencing. (Brenner) 56) p. 11-43; Policy 11N-7: Development proposals applications should be assessed on a case -by -case basis so that marginal wetlands are not preserved at the expense of upland areas with higher habitat value. (Brenner) 57) p. 11-44; Policy 110-1: Support the Whatcom County Marine Resources Committee in its pursuit of the Northwest Straits Commission benchmarks as follows: ■ Broad county participation in MRC's'; ■ A net gain in high -value habitat and ecosystem functions'; ■ A net reduction in shellfish bed closures'; ■ Measurable increases in factors supporting bottomfish recovery'; ■ Population increases in other key indicator species'; ■ Coordination of scientific data,; ■ Successful public education and outreach efforts'; and ■ The establishment of a regional system of Marine Protected Areas (MPA's). (Brenner) 58) p. 11-45; Goal 11P: Protect and enhance shellfish habitat in commercial and recreational areas in efder--to ensure a productive resource base for long-term use. (Brenner) 59) p. 11-46; Policy 11P-10: Continue to partner with jurisdictions in British Columbia to minimize impacts on water quality, including that-affes*ing what effects shellfish habitat. (Brenner) 60) p. 11-47; lines 31-33: Whatcom County will take steps to halt the practice of treating its streams and rivers as a storm sewer and the marine system as a water treatment facility. (Brenner) 16 553 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 11- Environment 61) p. 11-2; lines 13-20: This chapter is composed of an introduction and four sections organized by topic heading. The first section, entitled "General Environmental Management," addresses general environmental goals and policies. The remaining three sections deal with Natural Hazards, Water Resources, and Natural Systems. Together, the sections of this chapter provide the direction necessary to ensure promote long-term sustainability of the environment in Whatcom County. (Brenner) 62) p. 11-7; line 13-14 Much of the environmental degradation and destruction to property occurs as a result of a lack of information/understanding rather than willful action. (Brenner) 63) p. 11-7; Policy 11A-4: Manage designated Critical Areas (€CAs) as-Aeededrto minimize a protect against environmental degradation and reduce the potential for losses to property and human life. (Donovan, Weimer) 64) p. 11-8; Policy 11A-7: Support efforts using best available science to educate and inform the public as to the benefits of a healthy and viable environment, ecologically fragile areas, and their economic and social value. (Weimer) 65) p. 11-8; Policy 11A-8: Lead and/or coordinate efforts with property owners, citizen groups, and governmental and non -governmental agencies in furthering Whatcom County's environmental goals and policies. (Weimer) 66) p. 11-8; Policy 11A-12: Broadly inform the ^i*i-menc of the people of Whatcom County residents of the locations of potential development constraints associated with natural conditions. Information should include known natural hazards., and an assessment of the potential danger to both the property owner and the public. (Brenner) 67) p. 11-8; lines 38 - p.11-9, line 2: There are currently a multitude of regulations and administrative processes at the federal, state and local level that together have become excessive and difficult to understand. Conflicting regulations and complicated administrative processes can create undue hardship on community members and result in reduced levels of environmental protection. Regulatory inspection and enforcement of environmental regulations are currently inconsistent and lack effectiveness. The combination of complex regulations and inadequate enforcement have led to a lack of administrative predictability, widespread violations, and ultimately to environmental deterioration. Thoughtful and 17 554 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 11- Environment efficient regulations play an important part in protecting the environment. (Brenner, Weimer) 68) p. 11-9; Policy 1113-7: " Ensure regulations are as simple as possible and maintain effective inspection, compliance, and enforcement measures. (Brenner) 69) p. 11-10; Policy 11C-3: Emphasize an approach to environmental protection by encouraging the use of conservation easements, open space taxation, land acquisition, purchase/voluntary, workable transfer of development rights, and other mechanisms that assist affected property owners. Avoid extreme standards and procedures that are likely to require compensation to property owners or invalidation of such rules. (Brenner) 70) p. 11-10 lines 17-23:Land use decisions can no longer be considered exclusively private matters. We are aware public actions impact every private citizen in Whatcom County and private actions avoid standards and procedures that are likely to require compensation to property_ owners or invalidation of such rules may have public consequences as well. To that end, the law must protect the public good from detrimental private actions. Nevertheless, the right of the individual to use his or her property, within the bounds permitted by law, is a value supported by law and the community and must be recognized when making land use decisions in Whatcom County. 71) p. 11-11; lines 18-21: The CIG confirms that global climate models project mid-215t century temperatures in the Pacific Northwest a will be higher than the natural range of temperature observed in the 20t" century. (Brenner) 72) p. 11-11; lines 29-30: • Higher winter streamflow in rain -fed river basins resulting in scouring floods that negatively affect salmon populations if winter precipitation and rain -on -snow events increases in the future as projected (Donovan) 73) p. 11-12; Policy 11D-1: Whatcom County's natural resource -based economic sectors, natural systems, water resources, infrastructure, emergency management and public health all face Willy noteworthy climate change related risks in the future.... (Donovan) 74) p. 11-13; New Policy 11D-6: Convene a climate impact advisory committee by 2017. The advisory committee should consist of (but not be limited to) experts in energy efficiency and carbon emission reduction, representatives from Whatcom County, and interested community members. The committee will be tasked 555 July 12, 2016 with: Proposed Council Changes to Comprehensive Plan Chapter 11- Environment • Evaluating Whatcom County's compliance with meeting targets set forth in the 2007 Climate Plan; • Establishing new targets that meet or exceed state and federal climate impact goals; • Updating the Climate Plan, at minimum every five years, or as needed to meet targets; • Recommending updates to the Whatcom County Comprehensive Plan in accordance with meeting Whatcom County's emission reduction goals; and • Ensuring that Whatcom County government facilities and operations are designed to meet or exceed goals and standards resolved in the current Climate Protection and Energy Conservation Action Plan. (Weimer) 75) p. 11-13; New Policy 11D-7: Encourage sustainability by developing strategies and practices to increase the use of renewable, net -neutral carbon energy in Whatcom County facilities and County vehicles, with a goal of net zero man-made carbon emission by 2050. (Donovan) 76) p. 11-13; New Policy 11D-8: Encourage sustainability by developing strategies and practices to reduce landfill waste from Whatcom County government facilities to near zero. (Donovan) 77) p. 11-16; lines 11-12: Landslides — Siting human development on or adjacent to known landslide hazard areas can create health and safety risks for (Brenner) 78) p. 11-17; lines 1-6: Volcanos —A volcanic eruption or mudflow at Mount Baker could potentially severely affect river flow on the Nooksack River or Baker River and cause severe property damage near the volcanoes or along lahar routes. A lahar is an extremely rare and unpredictable occurrence. Evacuation routes should be planned and made public. Development sho,-ld he regulated a^...yin., to the (Donovan) 79) p. 11-18; Policy 11F-3: Broadly inform the people of Whatcom n7+0m-^^c of the c6ounty residents of the locations of known natural hazards, and the potential for adverse impacts of such natural hazards to the health, safety, and welfare of people and their propertyies. (Brenner) 19 556 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 11- Environment 80) p. 11-18; Policy 11F-5: Allow permitted uses that do not require human habitation so long as probable adverse off -site impacts to other properties or natural systems (those impacts resulting from the interaction of the natural hazard and the proposed develop..._.._ uses) are minimized or mitigated. Probable adverse impacts should be prevented or avoided in habitats of state or federally listed sensitive plant and animal species. (Brenner) Approved April 1 1) p. 11-12; lines 4- : In 2007, Whatcom County completed a Climate Protection and Energy Conservation Action Plan that laid out specific actions and targets for reducing greenhouse gas emissions and increasing energy conservation efforts in response to potential climate change. In addition many insurance industry experts are now factoring in the costs of climate change into insurance premiums as the increase in the frequency and severity of extreme weather events around the world results in a corresponding increase in claims costs. Local government residents and business must anticipate that as the climate changes, more frequent and severe damage to private and public infrastructure will occur. Maintenance costs and insurance premiums can be expected to increase accordingly. (Browne) 2) p. 11-13; New Policy 11D-9: Identify responsible parties and agencies and encourage them to identify and properly seal and/or burn methane that is escaping into the atmosphere from wells. (Browne) 3) p. 11-17; line 22, insert new paragraphs: Gas wells - Several exploratory oil & gas wells have been drilled around the county over the last 70+years. Some of these present potential environmental hazards due to ongoing leakage of gas. Old Landfills - There are known abandoned landfills in the County and possibly some that are unknown. There are also several sites around the County that contain large numbers of abandoned vehicles and other debris. As with most landfills these locations pose some degree of risk of hazardous substances leaking into local aquifers. (Browne) 4) p. 11-17; Goal 11F: Minimize potential loss of life, damage to property, the expenditure of public funds, and degradation of natural systems resulting from development in hazardous areas such as floodplains, landslide -prone areas, seismic hazards areas, volcanic impact areas, abandoned mine and exploratory gas well locations, potentially dangerous alluvial fans, and other known natural hazards 20 557 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 11- Environment by advocating the use of land acquisition, open space taxation, conservation easements, growth planning, regulations, and other options to discourage or minimize development, or prohibit inappropriate development in such areas. (Browne) 5) p. 11-19; Policy 11F-12: Consider conducting a public process with affected citizens, technical experts, and decision -makers to establish recommended levels of public risk for each of the identified natural hazards. In developing recommended levels of public risk for natural hazards, consider the appropriate variables affecting developments in hazardous areas. These variables may include: • Specific types of risk associated with the particular hazard area'; • The gradation of hazards associated with a particular geo-hazard'; • Level of detail necessary to map hazard areas'; • Different levels of risk associated with different ownership classes (e.g. public ownership versus private ownership),; • Different levels of risk associated with different types of land uses'; and • Mitigation measures related to specific adverse impacts of development in hazard areas. Once a set of risk levels have been identified, propose these risk levels for adoption by the County Council as the levels to which future development must be designed.. (Brenner) 7) p. 11-26; Policy 111-1-4: Support the implementation of local and state Watershed Management Plans, the Lower Nooksack Strategy, the Lake Whatcom Management Program, NPDES Phase II Permitting, and the WRIA Watershed Management Projects. (Brenner) 8) p. 11-26; New Policy 11H-6: Oppose the use of hydraulic fracturing in oil and gas wells (also known as "fracking") to avoid the potential degradation of water quality in aquifers and other ground water. (Mann) 9) p. 11-28; Policy 111-11: Place a high priority on integrating impervious surface reduction incentives into policies, regulations, and standards ^r,� ;tea~"^ `�.:'«��. and lake watersheds. (Weimer) 10) p. 11-28; Policy 111-12: Develop and implement comprehensive stormwater management programs and strategies designed to address runoff from all private and public developments and facilities within regulated and sensitive watersheds. 1. Amend subdivision, zoning, and other land use regulations and design standards to encourage that land use activities minimize the amount of impervious surface. 2. Identify and implement a long-term funding source to provide for water resource protection services, including non -point source identification and enforcement of applicable county regulations. 3. Focus on the Lake Whatcom watershed as a high priority in developing a stormwater management program. Develop a stormwater management 21 558 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 11- Environment plan that achieves a uniform level of protection throughout the Lake Whatcom watershed. Ensure coordination and communication with the public and affected jurisdictions, such as the Lake Whatcom Water and Sewer District, the Sudden Valley Community Association, and the City of Bellingham. 4. Ensure that existing stormwater standards are adequately enforced within Stormwater Special Districts, Watershed Protection Districts, and the NPDES areas. (Brenner) 11) p. 11-30; Goal 11-J: Support water conservation, reclamation, reuse measures, and education as a means to helping ensure ensure sufficient water supplies in the future. (Brenner) 12) p. 11-30; New Policy 11J-3: Develop and implement plans to comply with the Department of Ecology's instream flow and water management rules and water resources management programs. (Donovan) 13) p. 11-33; Restore Policy 2K-16 with edits: Work with the community association towards voluntary achievement of the density reduction additional lots within Sudden Valley. (Brenner) Approved May 3 1) p. 11-18; Delete Policy 11F-5: pFevented eF aveided in habitats of state OF fedeFally listed sensitive plam and animal species. (OFenneF) 3) p. 11-36; lines 26-31: Shellfish Protection District Advisory Committees Whatcom County has three Shellfish Protection District Advisory Committees, one for each of the Shellfish Protection Districts: Birch Bay, Drayton Harbor, and Portage Bay. Each advises the County Council on proposed actions and operations relating to the restoration of water quality in their respective watersheds. (Weimer) 4) p. 11-38; lines 9-11: Many stream systems in Whatcom County have been altered by agriculture, forestry, development, and flood control practices., contributing to low stream 22 559 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 11- Environment flows, fisheries loss, water pollution, sedimentation,, and other problems. These impacts can directly affect the fisheries resources by depositing silt and debris into spawning beds, by removing trees that shade and cool the water, bank armoring stabilizing ban4vq interfering with the recruitment and establishment of large woody debris (LWD), by obstructing fish passage with culverts and roads, by altering natural channels through filling, bank hardening, and channelizing. (Brenner) 5) p. 11-38; Policy 11L-7: Promote voluntary fish and wildlife habitat enhancement projects through educational and incentive programs. These projects, which can be done by individuals, organizations, and businesses, should will buffer and expand fish and wildlife habitat. (Brenner) 6) p. 11-38; Policy 11L-13: Evaluate the full value of the fishery —including its cultural and economic value —in land use decisions that may impact that fishery. Unavoidable impacts to an individual habitat or fishery should shall be mitigated. (Brenner) 7) p. 11-40; Policy 11M-3: When possibkly Eestablish non -regulatory mechanisms and incentives for development that accommodates the habitat needs of fish and wildlife and encourages good stewardship practices. (Brenner) 8) p. 11-40; Policy 11M-5: Native vegetation and soils on stream banks and shorelines should be disturbed as little as possible. In situations where re -vegetation is necessary to restore stream bank or shoreline stability and provide shading, site -specific native plants should be used. Retention of vegetated riparian areas on all lake and marine shorelines slaeuld shall also be encouraged. (Brenner) 9) p. 11-41; Policy 11M-13: Diligently work to prevent and reduce the spread of invasive species. (Brenner) 10) p. 11-42; Policy 11N-3: Biological functions of wetlands are complex and interwoven. Evaluate the full range of potential and immediate economic impacts in land use decisions relating to wetlands, including fisheries, wildlife, recreation, farmlands, sustainable resources, air and water quality, flood hazard management, real estate, cultural attributes, and other entities uses. (Brenner) 11) p. 11-45; Policy 1113-3: Protect shellfish resources by means of pollution prevention and enforcement when necessary. This should include surface and groundwater monitoring for early detection of pollution that to minimize the damage and cost of resource restoration. (Brenner) 12) p. 11-45; Policy 11P-6: Identify and encourage the use of stormwater treatment systems and Best Management Practices that will help to reduce fecal coliform bacteria levels in stormwater discharging directly into shellfish habitat areas. (Brenner) 23 560 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 11- Environment 13) p. 11-46; Policy 11P-12: Continue to develop programs that help identify potential pollution sources and ensure timely and science -based approaches are used in response to problems as they arise. (Brenner) 14) p. 11-46; Policy 11P-15: Create a tracking mechanism to document progress made toward improving downgraded shellfish areas. This information will be useful,. not only in helping to-suppeFt supporting an upgrade when water quality shows improvement, but also in helping W p event preventing degradation in currently approved shellfish areas. (Brenner) 15) p. 11-47; Policy 11P-17: Consider establishing the Drayton Harbor Watershed as a sending area when considering a voluntary, workable transfer of development rights (TDR) program-44. (Brenner) 1) p. 11-20; New Policy 11F-16: Identify known locations of abandoned wells that could produce methane and/or other hazardous substances and where immediate danger of methane and hazardous substance leaking exists, condition development approvals on affected parcels to mitigate those impacts. (Browne) 2) p. 11-33; Policy 11K-16: If vacant lots in the Lake Whatcom watershed come available due to a tax foreclosure the County mayacquire them, remove the developments rights and then place them back on the market through the public auction process to recover any residual value. (Browne) 1) p. 11-2; lines 9-19: Essential to this is the establishment of safe development practices and patterns that do not significantly disrupt RatUFal systeecosystems and that ensure the continuation of ample amounts of clean water, natural areas, farmlands, forest lands, and fish and wildlife habitat. (Brenner) 2) p. 11-2; lines 13-16: This chapter is composed of an introduction and four sections organized by topic heading. The first section, entitled "General Environmental Management," addresses general environmental goals and policies. The remaining three sections deal with Natural Hazards, Water Resources, and dal Ecosystems. (Brenner) 3) p. 11-7; lines 13-15: Much of the environmental degradation and destruction to property occurs as a result of a lack of information rather than willful action. NatUFalsyste s Ecosystems are subtle and complex. (Brenner) 24 561 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 11- Environment 4) p. 11-9; Policy 1113-3: Support education as an important tool in developing public appreciation for the value of natural-syste►s ecosystems and provide the public with informational materials and presentations relating to natural system functions, regulations, and issues. (Brenner) 5) p. 11-12; Policy 11D-1: Whatcom County's natural resource -based economic sectors, Aa#uFal-systte s ecosystems, water resources, infrastructure, emergency management, and public health all face potentially noteworthy climate change related risks in the future. The County should consider potential long-range climate change implications into its on -going functional planning and implementation actions. (Brenner) 6) p. 11-16; lines 16-17: Development activity can de -stabilize naturally unstable slopes and impact natural systems ecosystems. (Brenner) 7) p. 11-16: lines 20-23: In some circumstances, the development of upland properties may place downslope neighbors and aa#UFa!-systeaas ecosystems at risk from rockfall or landslides. (Brenner) 8) p. 11-16: lines 34-36: However, once every 10-25 years, a large storm event occurs in our area and streams flood homes and developments, causing damage to property, aa#ural systems ecosystems, and sometimes loss of lives. (Brenner) 9) p. 11-17; Goal 11F: Minimize potential loss of life, damage to property, the expenditure of public funds, and degradation of na#UFal-syste+aas ecosystems resulting from development in hazardous areas... (Brenner) 10) p. 11-19; Policy 11F-11:... In natural hazard areas where engineering solutions cannot be designed to withstand the forces expected to occur under the design event of a particular natural hazard, or off -site adverse impacts to adjacent properties or natural systems ecosystems cannot be adequately mitigated, Whatcom County may deny development permits intended for permanent or seasonal human habitation. (Brenner) 11) p. 11-33; lines 30-40: NatUFal SySte*As-Ecosystems Introduction 25 562 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 11- Environment Ecological systems or ecosystems refer to the natural systems that have developed within the geologic and geographic setting of Whatcom County. Whatcom County contains a significant number of distinct ecosystem types, with associated fish, wildlife and plant species, as well as many other living organisms. This biodiversity has evolved and adapted according to the specific physical and climatic conditions of the county (Map 11-2 Map 11-3). Ecosystem goals and policies are intended to provide guidance to county government as it assists people to manage and protect these ecosystems. Additionally they ensure other benefits are maintained far into the future. (Brenner) 12) p. 11-37; lines 33-39: Issues, Goals, and Policies General — Natural Ecosystems Growth and urbanization of the land base have and may continue to impose a risk to the degradation and reduction of natuFal systeecosystem functions. Wetlands and estuaries continue to be lost incrementally. (Brenner) 13) p. 11-38; Goal 11L: Protect and enhance na%uFal systems ecosystems, which provide economic, ecological, aesthetic, and cultural benefit. (Brenner) 14) p. 11-39; Policy 11L-10: Protect and enhance natUFal systems ecosystem functions when flood hazard management measures are used. (Brenner) 15) p. 11-3; lines 7-12: GMA Planning Goal 10, "Environment" (RCW 36.70A.020(10)), provides the directive for much of this chapter. It requires Whatcom County to "protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water." In addition, some of the goals and policies of this chapter support Planning Goal 9, "Open Space and Recreation" RCW 36.70A.020(9))," which directs the county to "conserve fish and wildlife habitat." (Brenner) 16) p. 11-3; lines 18-22: Specific policies address water, promoting inter -jurisdictional cooperation in conserving, protecting, and managing the water resource, and in reducing water pollution (CWPP Policies N.1— 6). The CWPPs also support protecting wildlife habitat and corridors, natural drainage features, and "other environmental, cultural and scenic resources." (Brenner) 17) p. 11-5; lines 30-32: Every year salmon return to spawn in the streams and rivers of Whatcom 26 County. Whatcom County is located within the Pacific Migratory Flyway and 563 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 11- Environment serves as a stopover and critical habitat area for many migratory birds. Bufflehead and goldeneye ducks winter here. (Brenner) 18) p. 11-5; lines 38-43: Whatcom County is home to a distinct subspecies of the Great Blue Heron, which is has the third largest colony in the Puget Sound area. The wetlands, fields, streams, and nearshore habitat in the county support many birds of special concern, such as the bald eagle (cc^ threatened - Bald and Golden Eagle Protection Act), the pileated woodpecker (candidate for State thrPatPnPd-listing), and the peregrine falcon (ESA menitered-candidate species). (Brenner) 19) p. 11-6; lines 20-23: Development in the last 100 years has had a significant impact on the natural environment in Whatcom County. At the turn of the 201" century, the some areas surrounding Lynden, Sumas, and Ferndale were logged, drained and converted to agricultural land and other types of development. (Brenner, Sidhu) 20) p. 11-6; lines 31-34: There are designated lands in Whatcom County that can still accommodate development. Whatcom County also has areas that are sensitive to human activity, including (wetlands, streams, lakes, marine shorelines), and lands that can pose a hazard to the community, including ifloodplains and unstable slopes}. (Brenner) 23) p. 11-8; lines 42 — p. 11-9, line 2: Regulatory inspection and enforcement of environmental regulations are currently inconsistent and lack effectiveness. The combination of complex regulations and inadequate enforcement have led to a lack of administrative predictability, widespread violations, and ultimately to environmental deterioration. Thoughtful, comprehensible, and efficient regulations play an important part in educating the public and protecting the environment. (Brenner, Sidhu) 24) p. 11-9; Policy 11B-7: deep Ensure regulations are as simple and easy to understand as possible and maintain effective inspection, compliance, and enforcement measures as necessary. (Brenner, Sidhu) 26) p. 11-10; lines 17-20: Land use decisions can no longer be considered exclusively private matters. We are aware that public actions impact every private citizen in Whatcom County and that private actions may have public consequences as well. To that end, to the extent allowed by law, regulations should the lam: must protect the public good from detrimental private actions. (Sidhu) 27 564 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 11- Environment 29) p. 11-13; New Policy 11D-6: Convene a climate impact advisory committee by 2017. The advisory committee should consist of (but not be limited to) experts in energy efficiency and carbon emission reduction, representatives from Whatcom County, and interested community members. The committee will be tasked with: • Evaluating Whatcom County's compliance with meeting targets set forth in the 2007 Climate Plan; • Establishing new targets that meet or exceed state and federal climate impact goals; • Updating the Climate Plan, at minimum every five years, or as needed to meet targets; • Recommending updates to the Whatcom County Comprehensive Plan in accordance with meeting Whatcom County's emission reduction goals; and • Ensuring that Whatcom County government facilities and operations are designed to meet or exceed goals and standards resolved in the current Climate Protection and Energy Conservation Action Plan. • Recommend updates to Whatcom County land use policies and development regulations to support renewable energy development goals. (Mann) 30) p. 11-13; New Policy 11D-10: Create updates to Whatcom County land use policies and development regulations to support renewable energy development goals. (Brenner) 31) p. 11-14; lines 19-30: Flood Hazards — Heavy winter rains and a transient snowpack combined with the steep and sometimes unstable slopes of Whatcom County's foothills create conditions ideal for flooding and debris flows along many of our rivers and streams. The Nooksack River floodplain alone covers 38,000 acres in Whatcom County. In 1989 and 1990, the Nooksack River overflowed and flooded lowland Whatcom County causing millions of dollars of damage. During some extreme floods, the Nooksack River overflows near Everson and adversely impacts residents along Johnson Creek in Sumas, and in the Abbotsford area of British Columbia. It is projected that climate change will increase flood risk, due to increased sea level and changes in rainfall patterns. Significant damage may result from such floods. In 1991, Whatcom County formed a countywide Flood Control Zone District to address the major flooding issues in the county. (Brenner) 32) p. 11-14; lines 31-35: The presence of Mt. Baker is an asset to our region. Its 10,778-foot peak is one 28 of the dominant features of Whatcom County's landscape. However, Mt. Baker is also considered one of the most petentiall active volcanoes in the Cascade 565 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 11- Environment Range, and of the six major volcanoes in the range, Mt. Baker is considered by geologists to be very hazardous during and after an eruption. (Brenner) 33) p. 11-18 Policy 11F-2: Use Best Available Science and data to research and investigate the nature and extent of known natural hazards in the county and make this information available to the general public and policy makers in an accessible and understandable form. (Brenner) 34) p. 11-19; Policy 11F-11: Require applicants for development permits located in natural hazard areas to provide development plans designedto minimize the potential to exacerbate the natural hazard as well as the risk of damage to property or threats to human health and safety. In natural hazard areas where engineering solutions cannot be designed to withstand the forces expected to occur under the design event of a particular natural hazard, or off -site adverse impacts to adjacent properties or natural systems cannot be adequately mitigated, Whatcom County may deny development permits intended for permanent or seasonal human habitation as described in the Critical Areas Ordinance. (Sidhu) 35) p. 11-20; Policy 11F-12: Consider conducting a public process with affected citizens, technical experts, and decision -makers to establish recommended levels of public risk for each of the identified natural hazards. In developing recommended levels of public risk for natural hazards, consider the appropriate variables affecting developments in hazardous areas. These variables may include: • Specific types of risk associated with the particular hazard area:,- • The gradation of hazards associated with a particular geo-hazard.. • Level of detail necessary to map hazard areas:,- • Different levels of risk associated with different ownership classes (e.g. public ownership versus private ownership) • Different levels of risk associated with different types of land uses:; and • Mitigation measures related to specific adverse impacts of development in hazard areas. Once a set of risk levels have has been identified, propose these risk levels for adoption of legislation by the County Council as the levels to which future development must be designed and apprepFiate leGations feF them. (Brenner, Sidhu) 36) p. 11-21; lines 19-23: Surface water sources such as Lake Whatcom, the Nooksack River, and Lake Samish provide water to more than half the county residents with the remainder relying on groundwater either from individual wells or from about 300 public water systems. Agriculture relies on both ground and surface water for a variety of uses, including irrigation= and drinking water for livestock-,-a-n4 faGility wash down. (Brenner, Sidhu) 29 566 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 11- Environment 38) p. 11-23; Policy 11G-2: Actively participate in and support `RIA , W. tprched DlanniRg efforts to coordinate local, federal, tribal, and state agencies to achieve integration and/or consistency between the various levels of environmental regulations relating to the County. (Brenner) 40) p. 11-24; Policy 11G-7: Pursue the most effective methods for protecting water quantity and quality, through both regulatory (e.g. zoning, enforcement, fines) and non -regulatory approaches (education, incentives, and technical/financial assistance). Emphasis sha-ld shall be placed on non -regulatory approaches where possible and effective. (Brenner, Sidhu) 41) p. 11-25; Policy 11H-2: Coordinate efforts to bring all water users in Whatcom County into compliance with state and federal water laws in a way that enhances stream flows, water quality, and fish and wildlife habitat while advocating for adequate water for existing agriculture. (Brenner, Sidhu) 43) p. 11-26; New Policy 11H-6: Monitor, prevent, and reduce the establishment of invasive species in Whatcom County waterbodies. (Brenner) 47) p. 11-29; Policy 111-12: Develop and implement comprehensive stormwater management programs and strategies designed to address runoff from all private and public developments and facilities within regulated and sensitive watersheds. 5. Implement the Western Washington Phase II Municipal Stormwater Permit as part of the National Pollutant Discharge Elimination System (NPDES) Program. Incorporate watershed considerations into the development of a comprehensive stormwater management strategy for designated areas. 6. Review Stormwater Special Districts Standards, Watershed Protection Districts, and other related codes that address runoff treatment from potentially polluting surfaces for their applicability to other sensitive watersheds with the Technical Advisory Committee and other appropriate agencies. Coordinate efforts for ongoing monitoring and evaluation within the sensitive watersheds and NPDES areas. 7. Amend subdivision, zoning, and other land use regulations and design standards to encourage that land use activities minimize the amount of impervious surface. 8. Identify and implement a long-term funding source to provide for water resource protection services including non -point source identification and enforcement of applicable county regulations. 9. Focus on the Lake Whatcom watershed as a high priority in developing a stormwater management program. Develop a stormwater management plan that achieves a uniform level of protection throughout the Lake Whatcom watershed. Ensure coordination and communication with the 30 567 July 12, 2016 Proposed Council Changes to Comprehensive Plan Chapter 11- Environment public and affected jurisdictions, such as the Lake Whatcom Water and Sewer District, the Sudden Valley Community Association, and the City of Bellingham. 10. Ensure that existing stormwater standards are adequately enforced within Stormwater Special Districts, Watershed Protection Districts, and the NPDES areas. 11. Prioritize stormwater polluting areas and develop retrofits for areas most likely to impact sensitive waters. (Brenner) 48) p. 11-30; New Policy 11J-4: Coordinate local water and land management efforts, plans, and data to ensure adequate oversight of water quality and quantity issues. (Brenner) 49) p. 11-30; New Policy 11J-5: Quantify water use to promote conservation. (Donovan) 50) p. 11-30; New Policy 11J-6: Utilize water use data to encourage conservation and maintain availability of water for agriculture and instream flow. (Donovan) 31 L016-047L CLEARANCES PneElaP Date Date deceived in council efface Agrenda Date Assi ned 8®e Originator: K.A. 61112016 611412016 special Committee of Allatt W. Aamot �� ,� fir S `� Er V 4 jUN �y�},[gg�� COUNTY the Whole Division Head: Mark Personius� / ' 6/21/16 SCOTW Dept. Head: Sam Ryan �, � 6/28/2016 SCOTW/Public Hearing Prosecutor: Royce Buckingham 7/5/2016 SCOTW Purchasing/Budget: 7/12/2016 SCOTW Executive: E Jack Louws } ,�� l ? j Afternoon COTW, June 28: Discussion and preliminary Council direction on Comprehensive Plan Appendices. Evening Council Meeting, June 28: Public hearing on Comprehensive Plan Appendices. A7l'71 W HIIV ENT. 1. Cover letter 2. Draft Planning Commission Findings SEPA review required? ( X ) yes ( ) A® Should Clerk schedule a hearing? ( ) Fes ( ) NO SEPA review completed? ( X ) Yes ( ) NO S UNWAR Y STA T ENEI' T PR LEGAL NDTIC E LANGUAGE: (f this item isas 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.) Under the Growth Management Act, Whatcom County and the seven cities within the County must complete the periodic update of their comprehensive plans and review urban growth areas in 2016 (RCW 36.70A.130). The Planning and Development Services Department would like to discuss Comprehensive Plan Appendices with Council. The Appendices are: Appendix A — Glossary, Appendix B — List of Acronyms, Appendix C — GMA Goals, County -wide Planning Policies and Visioning Value Statements, Appendix D — Bibliography, Appendix E — Whatcom County 20-Year Capital Facilities Plan, Appendix F — Six Year Capital Improvement Program for Whatcom County Facilities, Appendix G — Transportation Impact Fee Background Information (proposal — delete the existing Appendix G and replace with a description of the County's water resource and salmon recover programs), Appendix H — Airport Overlay Zones, and Appendix I — Airport FAR Part-77 Imaginary Surfaces. cC01P.¢$I����Il7l TE E A CTIIO N. CO U1NCIlIL ACT1191I\i- 6/14/2016: Briefed and discussed 6/28/2016: Public Testimony Received 6/21/2016: Comments received; did not discuss 6/28/2016: Comments received and held in Committee 7/5/2016: Comments received but not discussed Related County Contract #. Related ]F6le l�fuzn aerso Ordinance or resolution Number: AB2016-047 Please otea Once adopted and signed, ordinances and resolutions are av aulablefor viewing aindl dyrinting on the County's avebsite ato wwm :coo wh atco . wa. us1cou ciZ 569 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-778-5900, TTY 800-833-6384 360-778-5901 Fax Memorandum J.E. "Sam" Ryan Director TO: The Honorable Jack Louws, Whatcom County Executive The Honorable Whatcom County Council FROM: Matt Aamot, Senior Planner•=�,r" THROUGH: Mark Personius, Assistant Director�A? DATE: June 1, 2016 SUBJECT: Comp Plan Update/UGA Review - Appendices As you know, Whatcom County has initiated a multi -year project to update the Whatcom County Comprehensive Plan and conduct the urban growth area (UGA) review, as required by the Growth Management Act. The Comprehensive Plan update and UGA review is being conducted in coordination with the seven cities in Whatcom County. It is anticipated that the Council will adopt an ordinance relating to the Comprehensive Plan update and UGA review in July 2016. Staff would like to discuss Comprehensive Plan Appendices with the Council on June 14, 2016. The Appendices are: • Appendix A - Glossary; • Appendix B - List of Acronyms; • Appendix C - GMA Goals, County -Wide Planning Policies and Visioning Value Statements; • Appendix D - Bibliography; • Appendix E - Whatcom County 20-Year Capital Facilities Plan; • Appendix F - Six Year Capital Improvement Program for Whatcom County Facilities; • Appendix G - Transportation Impact Fee Background Information (proposed for deletion); • Appendix H - Airport Overlay Zones; and • Appendix I - Airport FAR Part-77 Imaginary Surfaces. 570 The Council has requested a summary of the substantive changes made by the Planning Commission. The Planning Commission considered the Appendices on May 26, 2015. Planning Commission changes to the staff recommendations include the following: Appendix F (Six -Year Capital Improvement Program) - Add the following note under the inventory of existing parks: "Pursuant to RCW 36.87.130, there are also public access properties on right-of-way ends that intersect shorelines." The proposed amendments to the Appendices will be posted on the County's website at: http://www.whatcomcounty.us/1170/Comprehensive-Plan-Updates . Thank you for your consideration of this matter. We look forward to discussing it with you. 571 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION FIT May 26, 2016 Regular Meeting 1 1 Call To Order: The meeting was called to order, by Whatcom County Planning 2 Commission Chair, Nicole Oliver, in the Whatcom County Northwest Annex at 6:30 3 p.m. 4 5 Roll Call 6 Present: Natalie McClendon, Jerry Vekved, Gary Honcoop, Nicole Oliver, David Hunter, 7 Kelvin Barton, Andy Rowlson, Atul Deshmane 8 Absent: Michael Knapp 9 10 Staff Present: Mark Personius, Matt Aamot, Gary Davis, Tyler Schroeder -Executive's 11 Office, Mike McFarlane -Parks Department, Becky Boxx 12 13 Department Update 14 15 Mark updated the commission on their upcoming schedule, 16 17 Open Session for Public Comment 18 19 Max Perry, Whatcom County: Stated that when the Comprehensive Plan update 20 process started staff stated the plan would be streamlined, but it has actually become 21 larger. 22 23 Commissioner Comments 24 25 There were no commissioner comments. 26 27 Approval of Minutes 28 29 Commissioner Vekved corrected page 3, line 25 to read: Mr. Boggs stated reasons may 30 be the associated costs and time to do the plans. Whatcom County has interpreted that 31 new agricultural activates activities require a farm plan, 32 33 Commissioner Rowlson moved to approve the minutes as corrected. Commissioner 34 McClendon seconded. The motion carried. 35 36 Public Hearing 37 38 Amendments to Whatcom County Comprehensive Plan (WCCP) Appendices, which are: 39 Appendix A - Glossary, Appendix B - List of Acronyms, Appendix C - GMA Goals, 40 County -Wide Planning Policies and Visioning Value Statements, Appendix D - 41 Bibliography, Appendix E - Whatcom County 20-Year Capital Facilities Plan, Appendix F 42 - Six Year Capital Improvement Program for Whatcom County Facilities, Appendix G - 43 Transportation Impact Fee Background Information (proposed for deletion), Appendix 44 H - Airport Overlay Zones, and Appendix I - Airport FAR Part-77 Imaginary Surfaces. 45 46 Matt Aamot presented an overview of the staff report. 47 572 RECORD OF PROCEEDINGS OF THE _A c- WHATCOM COUNTY PLANNING COMMISSION May 26, 2016 Regular Meeting 2 1 Appendix A glossary; 2 3 A number of the definitions have been updated for consistency with the Growth 4 Management Act (GMA), the state administrative codes, the zoning code and the 5 Critical Areas Ordinance (CAO). 6 7 Appendix g Acronyms 8 9 Some new ones were added and some were deleted. 10 11 Appendix C. - Countywide Planning Policies 12 13 The current Comprehensive Plan contains the GMA Planning Goals, the Countywide 14 Planning Policies and the Visioning Value Statements. 15 16 The Planning Commission recommended adding the GMA Planning Goals to Chapter 1 17 so they are being removed from this appendix. 18 19 There are no changes to the Countywide Planning Policies. The county and the cities 20 will probably get together in the next several years to review them. 21 22 This appendix also contains the community value statements from 1994. Staff 23 recommends removing them from the plan. 24 25 Appendix © - Bibliography 26 27 Staff is proposing to add a number of reference documents that are relevant to the 28 Comprehensive Plan. 29 30 Appendix E & F -- Capital Facilities 31 32 The GMA requires Comprehensive Plans to contain certain information relating to 33 capital planning. These include an inventory of existing facilities, such as trails, 34 schools, etc. It must also include a forecast of future needs. One way to forecast future 35 needs is to utilize a level of service (LOS). The GMA requires a LOS for transportation. 36 In the Comprehensive Plan, chapter 4, we also have LOS standards for parks, trails 37 and fire protection. The GMA also requires that new and expanded facilities be shown, 38 including their location and capacity, a financing plan and the land use plan and capital 39 plan consistency. 40 41 Appendix E covers both county facilities and non -county facilities. For county facilities 42 it references the Six Year CIP (Appendix F) and provides more generalized information 43 for years 7-20. For non -county facilities it summarizes water, sewer, fire and school 44 plans. The concept is to provide for adequate facilities to keep pace with growth as it 45 occurs through the 20 year planning period. The 20 year CFP also includes a county 46 revenue analysis that projects the potential county funding available for capital 47 projects over the 20 year planning period. 573 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION ..% May 26, 2016 Regular Meeting 3 1 Appendix F is the more detailed capital plan for county facilities only. It provides an 2 inventory of existing facilities, a list of planned projects, projected costs and funding 3 sources. 4 5 Appendix G — Transportation Impact Fees 6 7 The state law says that only projects that are set forth in the Comprehensive Plan are 8 eligible for impact fees. The county put a list of transportation projects in the plan that 9 would be eligible for impact fees if they were ever adopted. Impact fees have not been 10 adopted so staff recommends deleting this appendix. Appendix G is proposed to be it replaced with Water Resource and Salmon Recovery Programs, which is part of 12 Chapter 11. 13 14 Appendix H — Bellingham International Airport 0veriay zones. 15 16 There are six zones, each with different policies. 17 18 Appendix I —.Bellingham International Air ort Imac ginarySurfaces 19 20 The federal governments rules establish imaginary surfaces around airports to 21 preserve the navigable airspace. They are concerned about tall buildings or antennas 22 creating a hazard for aircraft. There is a provision in the county zoning code prohibiting 23 tall structures from protruding into these imaginary surfaces. The current map also 24 shows the Blaine airport which was shut down so it is proposed to be deleted. 25 26 Staff recommended the Planning Commission approve the amendments. 27 28 The hearing was opened to the public. 29 30 There was no public testimony. 31 32 The hearing was closed. 33 34 Commissioner Barton addressed the list of parks in Appendix F. There are beach 35 accesses in Birch Bay that are not included in the list. 36 37 Mike McFarlane stated those are not county park facilities but rather road ends, 38 maintained by Public Works, which is why they do not show up on the list. Parks does 39 not oversee or maintain them. 40 41 Commissioner Barton stated some of them are a requirement and they function and 42 are signed the same as the other beach accesses. How can they be listed? 43 44 Mr. Aamot suggested adding a footnote stating there are road end public access areas. 45 574 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION�� May 26, 2016 Regular Meeting 4 1 Mr. McFarlane stated Public Works has been reluctant to list those as parks or public 2 access because they are basically transportation routes. He had no problem with 3 adding a footnote. 4 5 Commissioner Barton stated the community prefers they not be called road ends 6 because there are no roads around most of them. They are just walkways to the beach 7 from Birch Bay Drive. 8 9 Mr. McFarlane stated it is an issue in other parts of the county such as Lummi Island, 10 Nooksack River, Lake Whatcom, etc. Another suggestion may be a paragraph that lists 11 all of these types of accesses. 12 13 Mr. Aamot suggested Public Works could create an inventory which would not 14 necessarily have to be in this document but available for the public. 15 16 Commissioner Oliver asked if they are referenced in the Parks and Open Space Plan. 17 18 Mr. McFarlane stated they are not because they are treated as roads. 19 20 Commissioner McClendon stated these sites are very valuable so they should not go 21 away. 22 23 Mr. Aamot suggested a note that there are public access properties on right of way 24 ends that intersect the shoreline. The RCW stating these areas can't be abandoned 25 could also be cited. 26 27 Commissioner Rowlson liked that idea because he did not want to see another list. 28 29 The commission agreed to the verbiage: Pursuant to RCW 36.87.130, there are also 30 public access properties on right of way ends that intersect shorelines. 31 32 Commissioner Rowlson asked why the placeholder for impact fees (Appendix G) is 33 being taken away. 34 35 Mr. Aamot stated that it has been over a decade since it was added and the county still 36 has not adopted impact fees. As such the appendix is not serving any purpose. If the 37 county does adopt impact fees in the future a new appendix could be added. 38 39 Commissioner Rowlson asked why there was no mention of the Lynden Airport. 40 41 Mr. Aamot stated they did not receive any maps from, Lynden. 42 43 Commissioner Vekved addressed the definition of "Distribution Pipeline". The language 44 was changed from as amended to if amended. What is the intent? 45 46 Mr. Schroeder stated it is referring to the federal code, which if amended, this would 47 then revert to the federal code which is referenced. 575 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION b 1�1?mij',1 May 26, 2016 Regular Meeting 5 1 Commissioner Hunter addressed Appendix E, page 70, regarding County Road Property 2 Tax Levy. It seems we are not spending what we could be spending because we are 3 banking the ability to tax an additional 1% per year. 4 5 Mr. Aamot stated current councils have chosen not to draw on that banked capacity 6 but future councils could. 7 8 Mr. Schroeder explained the taxing process and how banking works. 9 10 Commissioner Vekved addressed "Groundwaters". What is artificially stored ground 11 water? 12 13 Mr. Aamot stated the definition is: Water that is made available in underground 14 storage artificially. Either intentionally or incidentally to irrigation. 15 16 Commissioner Rowlson asked where the budget figures come from. 17 18 Mr. Schroeder stated the Executive's Office meets with the Finance Department along 19 with other county departments to determine the budget numbers. 20 21 Commissioner Rowlson moved to recommend approval of the Comprehensive 22 Plan Appendices as amended and the Findings of Fact and Reasons for Action. 23 Commissioner Hunter seconded. Roll Call Vote: Ayes — Barton, Honcoop, 24 Hunter, McClendon, Oliver, Rowlson, Vekved; Nays — 0; Abstain — Deshmane; 25 Absent — Knapp. The motion carried. 26 27 Public Hearing 28 29 Amendments to Whatcom County Code (WCC) Title 20 (Zoning), Title 21 (Land 30 Division Regulations), Title 22 (Guide Meridian Improvement Plan), and the official 31 zoning map. Title 20 amendments include amending WCC Chapter 20.36 to require 32 reclamation plans for surface mining uses in the Rural zone, amending Chapter 20.43 33 revising the maximum percentage of lot area that can be removed from production of 34 forest products in the Commercial Forestry zone, amendments to WCC Chapter 20.72, 35 20.80 and 20.97 and the Point Roberts Character Plan involving sign regulations in the 36 Point Roberts Special District, amending WCC Chapter 20.82 concerning new sewer 37 lines and amendments to WCC Chapters 20.24, 20.65, 20.66, 20.68, and 20.80.210 to 38 update references to the Urban Fringe Subarea Plan. WCC 20.80.210 is adopted by 39 reference in the WCCP and amendments to that section are also a WCCP amendment. 40 The Point Roberts Character Plan is a part of the Point Roberts Subarea Plan, which is a 41 subset of the WCCP, therefore the amendment is an amendment to the WCCP. 42 43 Gary Davis presented an overview of the staff report. 44 45 Title 20 -- Zoning Code 46 w May 26, 2016 2016 Comprehensive Plan Update Planning Commission Findings, Page 1 WHATCOM COUNTY PLANNING COMMISSION 2016 Comprehensive Plan Periodic Update Appendices FINDINGS OF FACT AND REASONS FOR ACTION 1. The Planning Commission held a public hearing regarding these amendments on May 26, 2016. Notification of the public hearing was published on May 13, 2016. 2. A determination of non -significance (DNS) was issued under the State Environmental Policy Act (SEPA) on May 27, 2016 3. Notice of the proposed amendments was submitted to the Washington State Department of Commerce on April 28, 2016. 4. Pursuant to WCC 2.160.080, in order to approve the proposed comprehensive plan amendments the Planning Commission and County Council must find all of the following: A. The amendment conforms to the requirements of the Growth Management Act, is internally consistent with the county -wide planning policies and is consistent with any interlocal planning agreements. B. Further studies made or accepted by the Department of Planning and Development Services indicate changed conditions that show need for the amendment. C. The public interest will be served by approving the amendment. In determining whether the public interest will be served, factors including but not limited to the following shall be considered: 1) The anticipated effect upon the rate or distribution of population growth, employment growth, development, and conversion of land as envisioned in the comprehensive plan. 2) The anticipated effect on the ability of the county and/or other service providers, such as cities, schools, water and/or sewer purveyors, fire districts, and others as applicable, to provide adequate services and public facilities including transportation facilities. 3) Anticipated impact upon designated agricultural, forest and mineral resource lands. D. The amendment does not include or facilitate spot zoning. 1 577 May 26, 2016 2016 Comprehensive Plan Update Planning Commission Findings, Page 2 E. Urban growth area amendments that propose the expansion of an urban growth area boundary are required to acquire development rights from a designated TDR sending area, with certain exceptions. 5. WCCP Appendix A - Glossary of Terms. The proposed amendments add certain definitions from other WCCP appendices to ensure the definitions are consistent with state law, state administrative code, County codes, and pertinent technical documents. 6. WCCP Appendix B - Acronyms. The proposed amendments to Appendix B add several acronyms that are used repeatedly in the document but were not already included. The amendments also remove acronyms that are listed in the appendix but do not appear - or appear only once - in the WCCP document. 7. WCCP Appendix C - Countywide Planning Policies. Currently this appendix contains the Growth Management Act Goals, Visioning Value Statements, and the Countywide Planning Policies, with a Glossary for the latter. Appendix C will be amended to contain only the Countywide Planning Policies. The proposed WCCP Chapter 1 contains the GMA Planning Goals, along with a discussion of the goals. The community value statements were developed in 1994 to assist in creation of the original 1997 Comprehensive Plan. Today, there are many advisory committees and commissions that are specifically focused on many of these issues and concerns. These committees and commissions fill a void that was present during the comprehensive plan visioning process. These value statements will be preserved as part of the historical record of comprehensive planning in Whatcom County. The proposed amendments delete the glossary to the Countywide Planning Policies to avoid duplication with the glossary in Appendix A. Terms from this glossary that were not already in Appendix A are proposed to be moved to that appendix. 8. WCCP Appendix D - Bibliography. The proposed amendments to Appendix D add references to reports the County used when preparing the current periodic update. 9. WCCP Appendix E - Whatcom County 20-Year Capital Facilities Plan and WCCP Appendix F - 6-Year Capital Improvements Program. B. GMA planning goal # 12 is to "Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards" (RCW 36.70A.020(12)). C. The GMA, at RCW 36.70A.070(3), requires that a comprehensive plan must include a capital facilities plan element consisting of: 2 578 May 26, 2016 2016 Comprehensive Plan Update Planning Commission Findings, Page 3 1) An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities. 2) A forecast of the future needs for such capital facilities. 3) The proposed locations and capacities of expanded or new capital facilities. 4) At least a six -year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes. 5) A requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent. D. The updated Whatcom County 20-Year Capital Facilities Plan (CFP) and the updated Six -Year Capital Improvement Program (CIP) for Whatcom County Facilities contain inventories of existing public facilities, a forecast of future needs, proposed expanded or new capital facilities, costs and funding sources. The existing 20-year CFP and existing Six -Year CIP will be repealed. E. Existing Comprehensive Plan Policy 4A-4 addresses the GMA requirement to reassess the land use element if probable capital facility funding falls short. 10. WCCP Appendix G - Transportation Impact Fee Background Information. In 2005 the County added transportation impact fee background information to Appendix G. However, the County has not enacted impact fees. Therefore the existing appendix is not needed. The proposed amendments delete the existing Appendix G in its entirety and replace it with a description of the County's water resource and salmon recovery programs. This new material has been reviewed as part of the Planning Commission and County Council public hearings on WCCP Chapter 11 amendments. 11. WCCP Appendix H - Air,._port Overlay and WCCP Appendix I - Airport Surfaces. A. RCW 36.70.547 requires "Every county, city, and town in which there is located a general aviation airport that is operated for the benefit of the general public, whether publicly owned or privately owned public use, shall, through its comprehensive plan and development regulations, discourage the siting of incompatible uses adjacent to such general aviation airport. Such plans and regulations may only be adopted or amended after formal consultation with: Airport owners and managers, private airport operators, general aviation pilots, ports, and the aviation division of the department of transportation..." 3 579 May 26, 2016 2016 Comprehensive Plan Update Planning Commission Findings, Page 4 B. The Whatcom County Council created an Airport/Land Use Compatibility Advisory Committee in 2003 (Resolution 2003-058). C. The Airport/Land Use Compatibility Advisory Committee issued final recommendations in 2004. D. The County Council adopted Comprehensive Plan amendments relating to airport/land use compatibility in 2005 (Ordinance 2005-004). This ordinance included an "Airport Overlay Zones" map (relating to land use near an airport) in Appendix H for the Bellingham International Airport. It also included "Imaginary Surfaces" maps (relating to height of structures near an airport) in Appendix I for the Bellingham International Airport and the Blaine Municipal Airport. E. The Blaine Municipal Airport closed in 2008. Therefore, the proposed amendments delete the "Imaginary Surfaces" map for Blaine from Appendix I. CONCLUSIONS 1. The subject amendments are consistent with and implement the GMA planning goals. The proposed amendments conform to applicable requirements of the GMA. 2. The proposed amendments satisfy the approval criteria of WCC 2.160.080. RECOMMENDATION Based upon the above findings and conclusions, the Whatcom County Planning Commission recommends approval of the proposed amendments to the Whatcom County Comprehensive Plan. n May 26, 2016 2016 Comprehensive Plan Update Planning Commission Findings, Page 5 WHATCOM COUNTY PLANNING COMMISSION Nicole Oliver, Chair Date Becky Boc,, ecretary Date Commissioners present at the May 26, 2016 meeting when the vote was taken• Kelvin Barton, Atul Deshmane, Gary Honcoop, David Hunter, Natalie McClendon, Nicole Oliver, Andy Rowlson, Gerald Vekved. Vote: Ayes: 7, Nays: 0, Abstain: 1, Absent: 1., Motion carried to adopt the above amendments. 5 581 let»�►1��:I=1 582 Planning Commission Recommended Draft Appendix A - Glossary May 26, 2016 Appendix A Glossary Act: The State of Washington's Growth Management Act. Affordable housing: Residential housing that is rented or owned by a person or household whose monthly housing costs, including utilities other than telephone, do not exceed 30 percent of the household's monthly income. (WAC 365-196-5-210) The definition of "affordable housing" is to be developed by individual jurisdictions as part of their Comprehensive Plan Process. Agricultural land: Land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production. (RCW 36.70A.030(2)) Alluvial fan: A fan -shaped deposit of sediment and organic debris formed where a stream flows or has flowed out of a mountainous upland onto a level plain or valley floor. Annexation: The act of incorporating an area into the domain of a city. Aquifer: A geologic formation, group of formations, or part of a formation capable of yielding a significant amount of groundwater to wells or springs. (WAC 173-160) Built environment: Elements of the environment developed by humans, including land uses, transportation systems, and public services and utilities. Capital Facilities Plan: A required element of the Comprehensive Plan designed to form a better match between development and provision of services. It must include an inventory of existing facilities, forecast of future needs and a six -year financing plan. Cluster Development: Cluster Development provides the flexibility to maintain open space and plan around distinctive site features or constraints by clustering development on smaller lots than conventional development. As a result, an undeveloped tract is created, while maintaining the same overall density. Compatible: Capable of existing together in harmony (as distinguished from "identical"). Compensation: Something given or received as an equivalent for services, debt, loss injury, etc. Whatcom County Comprehensive Plan A- 1 583 Planning Commission Recommended Draft Appendix A - Glossary May 26, 2016 Comprehensive plan: An integrated policy planning document designed to guide land use decisions, including the designation of urban growth areas, based on a consideration of land use alternatives, likely impacts, and possible mitigating measures. Conditional use: A use permitted only after public review and approved by the Hearing Examiner, and to which special conditions may be attached by the Hearing Examiner. (Whatcom County Zoning Code 20.97.075) Cottage industry: Small industrial, commercial, or service operations, on a parcel where the operator resides; frequently with an art or craft orientation or related to information processing or to the natural resources of the area.—;,ewebb it e ef any type, se leng as the seale-ef t1he eperatien is in keeping with the SLIFreunding , which meets all of the criteria in Whatcom County Code 20.80.980. County -Wide Planning Policies (CWPP): As required by GMA, the County Council and the City Councils of all the cities adopted a set of policies, which embody a vision for the future of Whatcom County. They are a framework intended to guide the development of comprehensive plans for each jurisdiction in the county. Critical Areas: As defined by each jurisdiction, including at least the following areas and ecosystems: (a) wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas. Critical facilities: As defined in the Whatcom Countv Critical Areas Ordinance A4means buildings and other structures that are intended to remain operational in the event of extreme environmental loading from flood, wind, snow, volcanic activities, or earthquakes pursuant to the most current International Building Code IBC e da fithe ���a�,�.eeffiGeu M. L"" �M 25= 0 N"I Whatcom County Comprehensive Plan A- 2 MI Planning Commission Recommended Draft Appendix A - Glossary May 26, 2016 e.Speeial-9cc --- ; ; +it:-HFes-p+tads-and-e kre....,9ed;eal faeiliti s, iv. -Jails and ether detentien faeilitiles. Current -use taxation: Taxing farm and forest lands under their current use, instead of at the higher rate appropriate to lands available for development. Density: A measure of the intensity of development, generally expressed in terms of dwelling units per acre. It can also be expressed in terms of population density (people per acre). Density transfer: See "transfer of development rights." Development: Any activity that requires federal, state, or local approval for the use or modification of land or its resource. These activities include, but are not limited to, subdivisions and short subdivisions, binding site plans, planned unit developments, variances, shoreline substantial development, clearing activity, excavation embankment fill and grade work, activity conditionally allowed, building or construction, revocable encroachment permits, and septic approval. Distribution pipeline: Means a pipeline other than a gathering or transmission line or as defined at 49 CFR 192.3, a-s-if amended. Downzone: Reclassification from the current zone designation to one where the density of permitted development is lower. Easement: The right, privilege, or interest that one party has in the land of another. (Dictionary of Real Estate Terms) Essential State or Regional Transportation Facilities: The interstate highway system, interregional state principal arterials including ferry connections that serve state-wide travel, intercity passenger rail services, intercity high-speed ground transportation, major passenger intermodal, terminals excluding all airport facilities and services, the freight railroad system, marine port facilities and services that are related solely to marine activities affecting international and interstate trade, and high -capacity transportation systems serving regions as defined in RCW 81.104.015. TS I s a —ems eta abb"evial-ien t refer Forest land: Land primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for Whatcom County Comprehensive Plan A- 3 585 Planning Commission Recommended Draft Appendix A - Glossary May 26, 2016 such production, including Christmas trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, and that has long-term commercial significance. In determining whether forest land is primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, the following factors shall be considered: (a) The proximity of the land to urban, suburban, and rural settlements; (b) surrounding parcel size and the compatibility and intensity of adjacent and nearby land uses; (c) long-term local economic conditions that affect the ability_ to manage for timber production; and (d) the availability of public facilities and services conducive to conversion of forest land to other uses. (RCW 36.70A.030(8)) Gathering Pipeline: Means a pipeline that transport gas from a current production facility to a transmission or main or as defined at 49 CFR 192.3, as amended. General aviation airport: A facility where airplanes can take off and land that is publicly owned or privately owned but used by the public. It can include a terminal, hangers and refueling facilities and other accessory uses. Aircraft landing areas used solely for personal use, agricultural use, forest management, or to serve the Eliza Island community are not general aviation airports. Airports used solely for commercial service or military use are not general aviation airports. Geographic Information System (GIS): An automated or manual system capable of organizing, storing, analyzing and retrieving geographically related (mapped) information. It is intended to support sound decision -making regarding the management of a community's resources. Increasingly, the term is applied to computerized systems which combine digital mapping with automated land use data files. Greenbelts/Greenways: These are undeveloped open space, natural areas, including agricultural lands, recreational lands, golf courses and other recreational uses, wildlife corridors and other similar uses. Groundwaters: All waters that exists beneath the land surface or beneath the bed of any stream, lake or reservoir, or other body of surface water within the boundaries of thise state, whatever may be the geological formation or structure in which such water stands or flows, percolates or otherwise moves. There is a recognized distinction between natural groundwater and artificially stored groundwater (RCW 90.44) Group Home: A residence that is licensed by the state as either a boarding home or an adult family home. Growth management: A method to guide development in order to minimize adverse environmental and fiscal impacts and to maximize the health, safety, and welfare of the community. Whatcom County Comprehensive Plan A- 4 Planning Commission Recommended Draft Appendix A - Glossary May 26, 2016 Growth Management Act (GMA): State law requiring jurisdictions with certain projected growth rates to prepare a comprehensive land use plan. Impact/Mitigation fee: A payment of money imposed upon new development as a condition of approval, as defined and provided by RCW 82.02 and/or 43.21c. This fee must be used exclusively to finance improvements in capital facilities that are necessitated by the development. (CWPP) Inclusionary Zoning: Zoning that requires developers to provide a portion of housing units in a specific project or area to meet the needs of low and moderate income people. Incompatible: Not capable of existing together in harmony. Incorporated area: Area inside city limits. In -fill: The practice of using developable land that lies within a city, UGA, or developed area outside resource lands, where services are available rather than passing over such parcels in favor of land farther out or farther from available services. (CWPP) Infrastructure: Streets, water and sewer lines, and other public facilities basic and necessary to the functioning of an urban area. In -patient facilities: Buildings and accessory uses primarily utilized to provide health care service or medical attention, care or treatment that requires at least one overnight stay. Interlocal agreement: An agreement intended to apply within designated Urban Growth Areas to set clear and reasonable criteria for orderly annexations, including guidelines on size and timing of annexations and urban levels of development, appropriate development standards and tax revenue sharing provisions. Participants in the agreement could include the county, any adjacent city, affected fire districts, (if applicable) and any other utility provider. (CWPP) Level of service (LOS): An established minimum capacity of public facilities or services that must be provided per unit of demand or other appropriate measure of need. Level of service standards are s nonymous with locally established minimum standards. (WAC 365-19-56-210) Level of service for transportation is usually expressed as a proportion derived by comparing a roadways current volume to its capacity. For example, the level of service of a road segment is expressed by a declining letter scale ("A" is free -flowing traffic; "F" is a traffic jam). For most other facilities, the standard is units of the facility (i.e. acres of park land, beds, square ) per 1,000 people. Whatcom County Comprehensive Plan A- 5 587 Planning Commission Recommended Draft Appendix A - Glossary May 26, 2016 Local Improvement District (LID): A defined geographical area or special district set up by ordinance to finance streets, sewers, and other public improvements that directly benefit properties in the district. The improvements are paid for by the benefited property owners over a period of time, usually 10 to 20 years. Long-term commercial significance: Includes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of the land. (RCW 36.70A.030(10)) Low Impact Development: A stormwater and land use management strategy that strives to mimic pre -disturbance hydrologic processes of infiltration, filtration, storage evaporation and transpiration by emphasizing conservation and use of on - site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. LID strategies can be applied to new development urban retrofits, infrastructure improvements and revitalization projects to protect aquatic resources. Low Income Housing: The federal government defines low-income housing as housing provided for individuals earning 50% or less of the average family wage of the local jurisdiction. Master planned resort: A self contained and fully integrated planned unit development, in a setting of significant natural amenities, with primary focus on destination resort facilities consisting of short-term visitor accommodations associated with a range of developed on -site indoor or outdoor recreational facilities. A master planned resort may include other residential uses within its boundaries, if the residential uses are integrated into and support the on -site recreational nature of the resort. Mineral resource land: Land primarily devoted to, or with the documented presence of and/or potential for, the long-term and commercially significant extraction of minerals such as precious metals, coal, sand and gravel, etc. Mitigation: Measures taken to avoid, minimize, or compensate for adverse environmental impacts associated with a (project or non -project) land use action. Natural Resource Lands: Natural Resource Lands include agricultural, forestry, and mineral resource lands that are not already characterized by urban growth and that have long-term significance for the commercial production of food or other agricultural products, for the commercial production of timber, and that have long- term significance for the extraction of minerals. New fully -contained community: A development proposed for location outside of the existing designated urban growth areas, which is characterized by urban densities, uses and services and meets the criteria of RCW 36.70A.350. (WAC 365- Whatcom County Comprehensive Plan A- 6 Planning Commission Recommended Draft Appendix A - Glossary May 26, 2016 1956-210) The criteria include new infrastructure, traffic demand management programs, buffers, a mix of uses, affordable housing, environmental protection, development regulations, mitigation of impacts on resource lands, and protection of critical areas. Non -compatible: See "Incompatible." Nonconforming use: A building or preng+ses--land occupied by a legal established use that does not conform withte the regulations of the zonin ruse district in which it is situated located. (Whatcom County Zoning Code 20.97.270) Non-federal land: The areas of Whatcom County not under federal management (i.e., the areas not included in the Mt. Baker National Forest or North Cascades National Park). One -number locator service (one -call): Means a service through which a person can notify utilities and request field marking of underground facilities. Open space: Any parcel or area of land or water not covered by structures, hard - surfacing, parking areas and other impervious surfaces except for pedestrian or bicycle pathways. Parcel: With regard to the agricultural protection zone, a parcel is defined as contiguous land held in the same ownership but without regard for segregation made for tax purposes. To be contiguous the land must share a common boundary on at least one side. Land is not a contiguous parcel if bisected by a public right-of- way, a Category I stream or a Category 1 or 2 wetland, or divided as part of a subdivision or exempt land division approved pursuant to Chapter 58.17 RCW or Title 21 Whatcom County Code or created after 1959 or created as a legal lot of record. Plat: A detailed drawing of a land subdivision, recorded with the county. Along with the property lines, it may include notations of easements, rights, and restrictions. Potable: Potable describes water that is suitable for drinking by the public. (WAC 246-290) Productive: Capable of economically producing wood fiber or food products. Private Utilities: Water and/or sewer service owned and operated by an entity other than a political subdivision of the federal, state or tribal governments. Public Utilities: Water and/or sewer services owned and operated by a political subdivision of federal, state or tribal governments (includes water and sewer districts and public utility districts). Whatcom County Comprehensive Plan A- 7 i• Planning Commission Recommended Draft Appendix A - Glossary May 26, 2016 Recreation Resource Management Areas: Large undeveloped parcels with unique or attractive features where public access is maintained and unique scenic areas preserved through public ownership or private easements. Regional Transportation Planning Organization: An organization created by the Growth Management Act to coordinate regional transportation efforts and to foster cooperation among state and local jurisdictions. The Whatcom Council of Governments has been designated as the Regional Transportation Planning Organization for Whatcom County. Resource Based Industry: A business or industry that has a direct relationship to natural resources such as agriculture, minerals, forestry, fishing and aquaculture. This type of industry is generally located in close proximity to the resource or resource land. Restoration: Bringing back into existence the natural functions and aesthetic character of a site, including the integrity of its surficial geology, topography, soils, hydrology, and/or vegetative regime. Within the context of threatened and endangered species goals and policies, restore or restoration means an action that improves habitat of threatened and endangered species that is: a. Undertaken voluntarily by the landowner; or b. Undertaken voluntarily by the County on county property or right-of-way, in accordance with the goals and policies of the comprehensive plan; or c. Undertaken as a condition of a permit when the condition has been imposed pursuant to adopted regulations and there is a nexus between new development or new clearing activity and the required restoration. Rezone: Reclassification of an area from its current zoning to a different use. Right-of-way: A recorded right to use or travel over a specified area or strip of land. Most commonly it refers to land on which a street, sidewalk, or railroad is located. It can also be occupied by utilities, transmission lines, oil or gas pipelines, drainageways, or similar facilities, although pathways for -these facilities are more commonly referred to as easements. Rural lands: All lands which are not within an urban growth area and are not designated as natural resource lands having long-term commercial significance for production of agricultural products, timber, or the extraction of minerals. (WAC 365-1965-210) State Environmental Policy Act (SEPA): 1971 state law paralleling the National Environmental Policy Act (NEPA), which requires state and local agencies to consider environmental impacts in the decision -making process. A determination of environmental significance must be made for all non-exempt projects or actions which require a permit, license or decision from a government agency. If the action Whatcom County Comprehensive Plan A- 8 590 Planning Commission Recommended Draft Appendix A - Glossary May 26, 2016 does not have significant adverse environmental impacts, a Declaration of Non - Significance is issued. If the action or project could have major impacts, an Environmental Impact Statement is required. SEPA requires consideration of alternatives and mitigation of environmental impacts for major public and private projects and programs. Sprawl: Low -density development unfolding from the edges of cities and towns. It is unplanned, land -consumptive, automobile -oriented, and designed without attention to its surroundings. Subarea: A geographic division of the county, created for planning purposes. There are ten subareas in Whatcom County. Subdivision: Division of a lot, tract, or parcel of land into two or more lots, tracts, or parcels or other divisions of land for sale or development. (Black's Law Dictionary) Sustainable: Sustainability is an economic state where the demands placed upon the environment by people and commerce can be met without reducing the capacity of the environment to provide for future generations. (Paul Hawken, The Ecology of Commerce) Third -party damage: Means damage caused by a party other than the owner/operator of a utility facility or a contractor working for such owner/operator. Title 20: Whatcom County Zoning Code. Transfer of development rights (TDR): A program in which the unused portion of a "sending" property's zoned capacity --one of the separable rights of property --is sold to the developer of a "receiving" site, who is allowed to add the capacity to the zoned limit of that site. TDRs can be used to prevent the demolition of affordable housing units, especially in downtowns, or to protect historically significant property or open space. Transmission pipeline: Means a natural gas or hazardous liquid pipeline that transports within a storage field, or transports from an interstate pipeline or storage facility to a distribution main or a large volume user, or operates at a hoop stress of twenty percent or more of the specified minimum yield strength or as defined at 40 CRF 192.3, as amended. Transportation analysis zone (TAZ): Geographic area defined for transportation modeling purposes. (COG, 1996) Unincorporated area: Area of the county outside city limits. Urban Fringe Subarea Plan: A plan pertaining to the Bellingham Urban Growth Area and a portion of Whatcom County surrounding Bellingham. It is a plan designating the interface between urban and rural land uses. Part of the Urban Whatcom County Comprehensive Plan A- 9 591 Planning Commission Recommended Draft Appendix A - Glossary May 26, 2016 Fringe Area is included in an Urban Growth Area. Some of the area already lies within Bellingham's Urban Service Area. Urban growth: growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources, rural uses, rural development, and natural resource lands designated pursuant to RCW 36.70A.170. Urban growth area (UGA): An area designated, within which urban growth will be encouraged and outside of which growth can only occur if it is not urban in nature. Urban growth areas around cities are designated by the county in consultation with the cities; urban growth areas not associated with cities are designated by the county. Urban Growth Area Reserves: These are areas that are adjacent and contiguous to Urban Growth Areas which appear to be suitable for future inclusion of the respective Urban Growth Area. These lands are held in reserve until it is demonstrated that they are needed for urban growth, and that consideration is given to ensuring adequate public facilities and services, reduction of sprawl, economic development, open space corridors and natural resource conservation. Urban Level of Service: The minimum level of urban facilities and services, including sanitary sewer, water service, police protection, fire protection and emergency medical services, parks and recreation programs, solid waste management, electric service, land use controls, communication facilities and public schools, to support urban levels of development. A full range of services would add urban public transit, natural gas, storm drainage facilities, street lighting, libraries, local parks, local recreation facilities and services, and health services. Utility corridor: Means an area where an existing utility transmission line is situated, which includes the right-of-way occupied by the existing line and areas immediately adjacent to such rights -of -way in which siting additional utility transmission lines could potentially be considered appropriate. Visioning: A process of citizen involvement to determine values and ideals for the future of a community and to transform those values and ideals into manageable and feasible community goals. (WAC 365-196-5-210) Water association: A private corporation which distributes potable water to residential customers. Watershed: A geographic region within which water drains into a particular river, stream or body of water. WUTC: Is a common abbreviation to refer to the Washington Utilities and Transportation Commission. Whatcom County Comprehensive Plan A- 10 592 Planning Commission Recommended Draft Appendix A - Glossary May 26, 2016 Zoning: A measure by which the community is divided up into districts or zones. In each zone there are permitted uses and special uses, as well as regulations governing lot size, building bulk, placement, and other development standards. Whatcom County Comprehensive Plan A- 11 593 July 12, 2016 Page and line numbers reflect Planning Commission Recommended Draft (htt wa- whatcomcounty.civicplus.com/DocumentCenter/View/`18677). To improve clarity of Councilmember requested changes, previous edits (i.e. staff and Planning Commission) are included, but not show as edits. 1) p. A-1: Aquatic: .... [definition needed] (Brenner) 2) p. A-1: Cluster Development: Cluster Development provides the flexibility to maintain open space and plan around distinctive site features or constraints. by eClustering development on smaller lots than conventional development creates an undeveloped tract, while maintaining the same overall density. As a result, an undeveloped tract is created, while maintaining the same overall density. (Brenner) 3) p. A-5: Level of sService (LOS): An established minimum capacity of public facilities or services that must be provided per unit of demand or other appropriate measure of need. Level of service standards are synonymous with locally established minimum standards. (WAC 365-196-210) Level of service for transportation is usually expressed as a proportion derived by comparing a roadway's current volume to its capacity. For example, the level of service of a road segment is expressed by a declining letter scale ("A" is free -flowing traffic; "F" is a traffic jam). For most other facilities, the standard is units of the facility (44& acres of park land, number of jail beds, square feet of office space) per 1,000 people. (Brenner) 4) p. A-7: Parcel: With -egad to the—egFiGUltUFal-;FGteetien zone, a PaFeel is defined as eContiguous land held in the same ownership but without regard for segregation made for tax purposes and located in the agricultural protection zone. To be contiguous the land must share a common boundary on at least one side. Land is not a contiguous parcel if bisected by a public right-of-way, a Category I stream or a Category 1 or 2 wetland, or divided as part of a subdivision or exempt land division approved pursuant to Chapter 58.17 RCW or Title 21 Whatcom County Code or created after 1959 or created as a legal lot of record. (Brenner) 5) p. A-6: Natural Resource Lands: Lands includei_g agricultural, forestry, and mineral resource lands that are not already characterized by urban growth and that have long-term significance for the commercial production of food or other agricultural products, for the commercial production of timber, and or that have long-term significance for the extraction of minerals. (Brenner) 1 594 July 12, 2016 Proposed Council Changes to Comprehensive Plan Appendix A — Glossary 6) p. A-7: Private Utilities: Water and/or sewer service owned and operated by an entity other than a political subdivision of the federal, state, local or tribal governments. (Brenner) 7) p. A-7: Public Utilities: Water and/or sewer services owned and operated by a political subdivision of federal, state, local or tribal governments (includes water and sewer districts and public utility districts). (Brenner) 8) p. A-11: Zoning: A measure by which the community is divided up into districts or zones. In each zone there are permitted uses and special uses, as well as regulations governing lot size, building size, placement, and other development standards. (Brenner) Items 9 through 37 concern comma use, capitalization, and other grammatical changes and may be considered in a single motion. 9) p. A-1— A-11: Capitalize all words in defined terms (e.x., Affordable #Housing, Agricultural il.and) (Brenner) 10) p. A-1: Compensation: Something given or received as an equivalent for services, debt, loss,. injury, etc. (Brenner) 11) p. A-2: Cottage ilndustry: Small industrial, commercial, or service operations, on a parcel where the operator resides:,. frequently with an art or craft orientation or related to information processing or to the natural resources of the area, which meets all of the criteria in Whatcom County Code 20.80.980. (Brenner) 12) p. A-2: County -Wide Planning Policies (CWPP): As (Required by GMA, the County Council and the City Councils of all the cities adopted a set of policies, which embody a vision for the future of Whatcom County. They are It is a framework intended to guide the development of comprehensive plans for each jurisdiction in the county. (Brenner) 13) p. A-2: Critical #Facilities: As defined in the Whatcom County Critical Areas Ordinance, means buildings and other structures that are intended to remain operational in the event of extreme environmental loading from flood, wind, snow, volcanic activities, or earthquakes pursuant to the most current International Building Code (IBC). (Brenner) 14) p. A-3: Essential State or Regional Transportation Facilities: The interstate highway system, interregional state principal arterials including ferry connections that serve state-wide travel, intercity passenger rail services, intercity high-speed ground transportation, major passenger intermodal terminals excluding all airport facilities and services, the freight railroad system, marine port facilities and services that are related solely to marine activities affecting international and interstate trade, and high -capacity transportation systems serving regions as defined in RCW 81.104.015. (Brenner) 2 595 July 12, 2016 Proposed Council Changes to Comprehensive Plan Appendix A — Glossary 15) p. A-4: Gathering Pipeline: Means a pipeline that transports gas from a current production facility to a transmission or main or as defined at 49 CFR 192.3, as amended. (Brenner) 16) p. A-4: General aAviation aAirport: A facility where airplanes can take off and land that is publicly owned or privately owned but used by the public. It can include a terminal, hangers,, and refueling facilities,. and other accessory uses. Aircraft landing areas used solely for personal use, agricultural use, forest management, or to serve the Eliza Island community are not general aviation airports. Airports used solely for commercial service or military use are not general aviation airports. (Brenner) 17) p. A-4: Geographic Information System (GIS): An automated or manual system capable of organizing, storing, analyzing,, and retrieving geographically related (mapped) information. It is intended to support sound decision -making regarding the management of a community's resources. Increasingly, the term is applied to computerized systems which combine digital mapping with automated land use data files. (Brenner) 18) p. A-4: Greenbelts/Greenways: These are undeveloped open space, natural areas, including agricultural lands, recreational lands, golf courses and other recreational uses, wildlife corridors,. and other similar uses. (Brenner) 19) p. A-5: Growth Management Act (GMA): State law requiring jurisdictions with certain projected growth rates to prepare a comprehensive land use plan (RCW 36.70A). (Brenner) 20) p. A-5: In -Patient #Facilities: Buildings and accessory uses primarily utilized to provide health care service or medical attention, caret or treatment that requires at least one overnight stay. (Brenner) 21) p. A-5: Interlocal aAgreement: An agreement intended to apply within designated Urban Growth Areas to set clear and reasonable criteria for orderly annexations, including guidelines on size and timing of annexations and urban levels of development, appropriate development standards, and tax revenue sharing provisions. Participants in the agreement could include the county, any adjacent city, affected fire districts, (if applicable) and any other utility provider. (CWPP) (Brenner) 22) p. A-6: Local Improvement District (LID): A defined geographical area or special district set up by ordinance to finance streets, sewers, and other public improvements that directly benefit properties in the district. The improvements are paid fe* by the benefited property owners over a period of time, usually 10 to 20 years. (Brenner) 23) p. A-6: Low Impact Development: A stormwater and land use management strategy that strives to mimic pre -disturbance hydrologic processes of infiltration, filtration, storage, evaporation, and transpiration by emphasizing conservation and use of on -site natural features, site planning, and distributed stormwater management practices that are 3 596 July 12, 2016 Proposed Council Changes to Comprehensive Plan Appendix A — Glossary integrated into a project design. LID strategies can be applied to new development, urban retrofits, infrastructure improvements and revitalization projects to protect aquatic resources. (Brenner) 24) p. A-6: Master iaPlanned r-Resort: A self contained and fully integrated planned unit development, in a setting of significant natural amenities, with primary focus on destination resort facilities, consisting of short-term visitor accommodations associated with a range of developed on -site indoor or outdoor recreational facilities. A master planned resort may include other residential uses within its boundaries, if the residential uses are integrated into and support the on -site recreational nature of the resort. (Brenner) 25) p. A-6: Mineral Y-Resource (land: Land primarily devoted to, or with the documented presence of and/or potential for, the long-term and commercially significant extraction of minerals such as precious metals, coal, sand, and gravel, etc. (Brenner) 26) p. A-6 Mitigation: Measures taken to avoid, minimize, or compensate for adverse environmental impacts associated with a (project or non-projectl land use action. (Brenner) 27) p. A-6: New (Fully-EContained eCommunity: A development proposed for location outside of the existing designated urban growth areas, which is characterized by urban densities, uses, and services and meets the criteria of RCW 36.70A.350. (WAC 365-196-210) The criteria include new infrastructure, traffic demand management programs, buffers, a mix of uses, affordable housing, environmental protection, development regulations, mitigation of impacts on resource lands, and protection of critical areas. (Brenner) 28) p. A-7: One -number locator service (one -call): Means aA service through which a person can notify utilities and request field marking of underground facilities. (Brenner) 29) p. A-7: Potable: P^+^-b'^ .yes^.-cw^c wWater that is suitable for drinking by the public. (WAC 246- 290) (Brenner) 30) p. A-7: Productive: Capable of economically producing wood, fiber, or food products. (Brenner) 31) p. A-8: State Environmental Policy Act (SEPA): 1971 state law paralleling the National Environmental Policy Act (NEPA), which requires state and local agencies to consider environmental impacts in the decision -making process. A determination of environmental significance must be made for all non-exempt projects or actions which require a permit, license, or decision from a government agency. If the action does not have significant adverse environmental impacts, a Declaration of Non -Significance is issued. If the action or project could have major impacts, an Environmental Impact Statement is required. SEPA requires consideration of alternatives and mitigation of environmental impacts for major public and private projects and programs. (Brenner) 4 597 July 12, 2016 Proposed Council Changes to Comprehensive Plan Appendix A — Glossary 32) p. A-9: Subdivision: Division of a lot, tract, or parcel of land into two or more lots, tracts, of parcels,, or other divisions of land for sale or development. (Black's Law Dictionary) (Brenner) 33) p. A-9: Sustainable: Sustainability4s aAn economic state where the demands placed upon the environment by people and commerce can be met without reducing the capacity of the environment to provide for future generations. (Paul Hawken, The Ecology of Commerce) (Brenner) 34) p. A-9: Urban Fringe Subarea Plan: A plan pertaining to the Bellingham Urban Growth Area and a portion of Whatcom County surrounding Bellingham,, and it is a-pla=. designating the interface between urban and rural land uses. Part of the Urban Fringe Area is included in an Urban Growth Area. Some of the area already lies within Bellingham's Urban Service Area. (Brenner) 35) p. A-10: Urban Growth Area Reserves: These are aAreas that are adjacent and contiguous to Urban Growth Areas which appear to be suitable for future inclusion of the respective Urban Growth Area. These lands are held in reserve until it is demonstrated that they are needed for urban growth, and that consideration is given to ensuring adequate public facilities and services, reduction of sprawl, economic development, open space corridors, and natural resource conservation. (Brenner) 36) p. A-10: Urban Level of Service: The minimum level of whan facilities and services, including sanitary sewer, water service, police protection, fire protection and emergency medical services, parks and recreation programs, solid waste management, electric service, land use controls, communication facilities, and public schools, to support urban levels of development. A full range of services would add urban public transit, natural gas, storm drainage facilities, street lighting, libraries, local parks, local recreation facilities and services, and health services. (Brenner) 37) p. A-10: Watershed: A geographic region within which water drains into a particular river, stream, or body of water. (Brenner) 5 m A D P SNALM, mD-jwlgn ■ 599 Planning Commission Recommended Draft Appendix B - Acronyms Mav 26, 2016 Appendix B List of Acronyms A110111 Mag Mil • RTIAMmIrp oposed for removal from Appendix B. AAC Agricultural Advisory Committee ADO Associate Development Organization (1 x� AG Ox APO Agriculture Protection Overlay Ox BMP Best Management Practices Meek GFant 1X CEDS Comprehensive Economic Development Strategy Ox CFHMP Comprehensive Flood Hazard Management Plan CFR Code of Federal Regulations CIG Climate Impacts Group CIP Capital Improvement Pla-RProgram CPROS Comprehensive Parks, Recreation and Open Space Plan Citizens'GTAG Ox Ox CWPP County -Wide Planning Policies CWSP Whatcom County Coordinated Water System Plan P'a--- Ox 1x DNL Day Night Average Sound Level DNR Washington State Department of Natural Resources Ox DOE Washington State Department of Ecology or US Department of Energy Dui Driving undeF the influenee Ox EGA EnviFenmentally -Area Ox rt '%.IM;9}r,+ r lx — Ox lx Ox EMF Electromagnetic field Ox ESA Endangered Species Act eA ws� C .ran+} A -4 \A/i1.11iF S d�4 ' rs�le rv—v a I a ri rc—.� cc vv a'r ca i N—! "—^ 1 FERC Federal Energy Regulatory Commission GC----- General GeffingeFe;al zefte-OxI Whatcom County Comprehensive Plan RM •11 Planning Commission Recommended Draft Appendix 8 - Acronyms May 26, 2016 61_- Gateway industFial-zene 0 x GIS Geographic Information System Ox GMA Growth Management Act Ox Ox ix #,-- Ox I-5 Interstate-5 (north -south freeway) lx 3R-4- Ox kV--I4leve4t 1x LAMIRD Limited Areas of More Intensive Rural Development HID Lew in9par-t Qpydqpn±�� ix Ox x) I RAW .o to M a ., �., T,w, , 1x LOS Level of service LWD Large Woody Debris mbf Thousand beaFd Feet Ox MRC Marine Resources Committee MRL Mineral Resource Land Ox Ox AFC--- (OX) NPDES National Pollutant Discharge Elimination „System NRCS Natural Resources Conservation Service Offiee of Community Ox ix OFM Washington State Office of Financial Management ORV Off -road vehicle ^-- —P ' 1 x Ox PUD Public utility district C)R Planned Ox - Ox 1_ Rural zone OX Resort Gernm al z OX RCW Revised Code of Washington R-F------ -F-awr-m� Ox ' -L0x RR R/W Rail Road Right of Wax zone m RecreationRRMA •Management' Residential- dwelling 1 1 ResidentialRur-al zone dwellings per aeFoj.(_0- RTPO r Planning Whatcom County Comprehensive Plan 8- 2 601 Planning Commission Recommended Draft Appendix B - Acronyms May 26, 2016 RV Recreational vehicle 1112A Rural zone (1 Ox Ox RIOA Rural zone (1 dwelling per 10 acres) _COxj SEPA State Environmental Protection Act SMA Shoreline Management Act "II�kC Ox SMP Shoreline Management Program SPB Seaplane Base SR State Route SR9—�-aat-e-Reutc:O �M IT A-21 T' S'tate to 547 c, ra, OX 91�1e1Ei4--- c�a�ac=r- OX TDM Traffic Demand Management R--- 1 x TTAG Teeh„ie Ox UGA Urban growth area I I'P��— Utilities 'Planning -and d/'�(f�t�vs \9i��crcc vec-rIRMA USDA United States Department.- of Agriculture VOC Volatile Organic Compound WAC Washington Administrative Code Ox WCC Whatcom County Code WCCP Whatcom County Comprehensive Plan WGCOG Whatcom County Council of Governments WDFW Washinaton State Department of Fish and Wildlife WRIA#1 Water Resource Inventory Area #1 WSDOT Washington State Department of Transportation WSRB Washington Surveying and Rating Bureau WTA Whatcom Transportation Authority WUTC Washington Utilities and Transportation Commission 1A/esi-em Washi.,.,a-en I I i��V Vr J16 •}-y j OX Whatcom County Comprehensive Plan B- 3 602 July 12, 2016 Appendix B - List of Acronyms Page and line numbers reflect Planning Commission Recommended Draft (htt wa- whatcomcounty.civicplus.com/DocumentCenter/View/18677). To improve clarity of Councilmember requested changes, previous edits (i.e. staff and Planning Commission) are included, but not show as edits. 1) ADU Accessory Dwelling Unit (Brenner) 2) AG Agricultural zone (Brenner) 3) CIF Commercial Forestry zone (Brenner) 4) CTAC Citizens' Transportation Advisory Committee (Brenner) 5) L&I Washington State Department of Labor and Industries (Brenner) 6) DOC Department of Corrections (Brenner) 7) DUI Driving Under the Influence (Brenner) 8) EIS Environmental Impact Statement (Brenner) 9) GC General Commercial Zoning (Brenner) 10) GM General Manufacturing Zoning (Brenner) 11) HII Heavy Impact Industrial Zoning (Brenner) 12) HUD United States Department of Housing and Urban Development (Brenner) 13) LID Local Improvement District (Brenner) 14) LII Light Impact Industrial Zoning (Brenner) 323 603 July 12, 2016 15) MW Megawatt (Brenner) Proposed Council Changes to Comprehensive Plan Appendix B — Acronyms 16) NC Neighborhood Commercial Zonine (Brenner) 17) R Rural Zoning (Brenner) 18) RC Rural Commercial Zoning (Brenner) 19) RF Rural Forestry Zoning (Brenner) 20) RR-1 Rural Residential — Island Zoning (Brenner) 21) RR Rural Residential Zoning (Brenner) 22) R2A Rural Zoning; 1 Unit / 2 Acres (Brenner 23) RSA Rural Zoning; 1 Unit / 5 Acres (Brenner) 24) SMAC Surface Mining Advisory Committee (Brenner) 25) SR9 State Route 9 (Brenner) 26) SR547 State Route 547 (Brenner) 27) SVCA Sudden Valley Community Association (Brenner) 28) TC Tourist Commercial Zoning (Brenner) 29) TDR Transfer of Development Rights (Brenner) 30) UR Urban Residential Zoning (Brenner) 31) WCC Whatcom Community College (Brenner) 32) WCCP Whatcom County Comprehensive Plan (Brenner) 33) WWU Western Washington University (Brenner) 324 604 APPENDIX C 605 Planning Commission Recommended Draft Appendix C - GMA-Planning GealsCountywide Planning Policies May 26, 2016 - -- ' .. .. 1 a Fe req-- - -:: - te plan- -- RGW 36.70A.040. The following goals 13 "L.—Urban Growth. 11 listed in eFdeF of prierity and shall be used exelusively for the purpose of guiding 12 the development of een9prehensive plans and development Fegulatie Eneeurage developmenturban - - • eeng rehensive - - - - the availability of - - housing --ents of population.: disadvantaged25 state that is eensistent with adopted eenqpr-e11-,ens;,ve plans, pr-ernete eeenemi-e 27 -promote the : • businesses regionalze • impaeting eeenemie velepn9ent- - - - pensati,en havilngbeen---11-andewners shall be 34 - - - --arbitFary and - 35 • - - / ♦ 40 - - - anddiseeuFage ineen9patible Whatcom County Comprehensive Plan C- 1 •1. Planning Commission Recommended Draft Appendix C - Countvwide Planning Policies May 26, 2016 • - - - -- ' develep - • - - - the planning pFeeess and ensuFe eeeFdif9atienbetween eeffiFnunitiea • and jurisdictions to reeencile 10 - and Servweeg. - ublie faewlitges and se, 12 at the tinge the --- - - - - aney and use witheut 13 deer -easing eUffent ser- levels below leeally established n9iningurn standaFds. - - L5 and" 1 • rGW 36.:70A.480 Shorelines of the State, the L7 goals and- Manage-gentManagengent Act, as set ferth an • l i • • _ i • • aFe added as - of the goals of the Grewth Management I• Whatcom County Comprehensive Plan C- 2 607 Planning Commission Recommended Draft Appendix C - GAIA P nRing GealsCountywide Planning Policies May 26, 2016 1 Whatcom County 2 Countywide Planning Policies 3 Adopted April 1993 4 (Revised March 11, 1997 & January 25, 2005) 5 6 A. Citizen Involvement 7 1. The county and the cities shall cooperate to provide public education on the 8 requirements of the Growth Management Act. 9 2. The county and the cities shall provide opportunities for citizens to become 10 involved in the growth management planning process through various 11 mechanisms, such as surveys, public workshops, meetings, hearings, and 12 advisory committees. The method of citizen involvement may vary based on 13 the needs and constituents in various communities and shall include 14 representation of both rural and urban interests on those issues that affect 15 both urban and rural areas. 16 3. Citizens shall be notified in a timely manner of opportunities to have input 17 and key decision points in the planning process. This should include actions 18 such as use of telephone hotlines, notification to interest groups, pre- 19 development meetings, early incorporation of public comments and broader 20 notification of property owners and residents during a planning process as 21 well as working more extensively with community and neighborhood groups. 22 The cities shall also develop a public participation process to solicit and 23 incorporate comments from residents outside city limits but within proposed 24 Urban Growth Areas. 25 4. Citizen comments and viewpoints shall be incorporated into the 26 decision -making process in development of draft plans and regulations. 27 Consideration of citizen comments shall be evident in the decision -making 28 process. 29 5. The county and the cities shall establish a system for subarea, community 30 and neighborhood liaison to foster communication between the respective 31 government and its neighborhoods. This system would also provide a point of 32 contact for issues that may affect subareas, the community, or 33 neighborhoods. 34 6. Various planning techniques, such as overlay maps and Geographic 35 Information Systems, shall be utilized to allow citizens and public officials the 36 ability to make accurate comparison of issues so appropriate trade-offs can 37 be consciously made. 38 B. Urban Versus Rural Distinctions 39 1. Whatcom County shall primarily become a government of rural areas in land 40 use matters directed towards agriculture, forestry and other natural 41 resources and natural resource based industries. The county shall work with 42 citizens to define a variety of types of rural areas based on the characteristics 43 and needs of different areas. This Section shall not preclude county Whatcom County Comprehensive Plan C- 3 .1: Planning Commission Recommended Draft Appendix C - GMA--Pla�SeaFsCountywide Planning Policies May 26, 2016 1 governance of large urban industrial areas outside of the city UGA's (see 2 Cherry Point below), developed urban areas within urban growth areas not 3 yet annexed, and developed rural areas where the "urban" designation is 4 inappropriate. 5 2. The county shall discourage urban level development outside Urban Growth 6 Areas and outside of areas currently characterized by a development 7 threshold greater than a rural development density. 8 3. Whatcom County shall promote appropriate land uses and allow for infill 9 within rural settlements characterized by existing commercial, industrial and 10 intensive residential development greater than a rural development density. 11 These areas should be clearly delineated, and not expanded beyond logical 12 outer boundaries in accordance with RCW 36.70.070(5). Impacts on rural 13 character, critical areas and other economic considerations as well as the 14 availability of capital facilities and rural levels of service must be considered 15 before allowing infill in these areas. 16 4. In the next 20 years, Whatcom County should discourage "new fully 17 contained communities" (as defined and authorized by RCW 36.70A.350) 18 outside designated Urban Growth Areas. 19 5. Whatcom County should undertake a public process to define rural areas and 20 rural growth as distinct from urban areas and urban growth. 21 C. Urban Growth Areas 22 1. Urban growth needs shall be met by a combination of in -fill within cities and 23 by growth within designated municipal and non -municipal Urban Growth 24 Areas. 25 2. The size and location of Urban Growth Areas shall be consistent with adopted 26 local policies and with the capital facilities plans. 27 3a. The most current, accurate population projections based on a range provided 28 for Whatcom County by the Office of Financial Management shall be used as 29 the basis for determining that Urban Growth Areas shall include sufficient 30 area to permit the urban growth that is projected to occur in the county for 31 the succeeding twenty-year period. 32 3b. The County and Cities shall develop a consistent approach to calculating the 33 land supply needed within an urban growth area. This approach shall 34 consider limitations imposed by critical area regulations, infrastructure 35 needs, open space, existing uses, local market factors and the ability of the 36 jurisdiction to provide services. It is recognized that the above limitations 37 may vary by jurisdiction, but the method for applying them shall be 38 consistent. Urban growth areas shall permit a range of densities and uses; 39 however, in recognition of community character, these uses and densities 40 may vary among jurisdictions. 41 4. Urban Growth Areas shall be evaluated at least every ten years to determine 42 if they contain sufficient area to accommodate the urban growth that is 43 projected for the succeeding twenty-year period. The market factor for each Whatcom County Comprehensive Plan C- 4 e Planning Commission Recommended Draft Appendix C - GPIA Planning GeaIsCo,untywide Planning Policies May 26, 2016 1 Urban Growth Area shall also be evaluated to determine whether the land 2 supply is adequate to meet the needs of the community or whether the land 3 supply is excessive and contributing to sprawl. 4 5. Urban Growth areas should be established in a way that preserves 5 agricultural land, forestry, mineral resources, water resources, and critical 6 areas. Urban growth shall maintain proper buffers from natural resource 7 areas to minimize conflicts with natural resources and industries based on 8 them. 9 D. City Urban Growth Areas 10 1. The Urban Growth Areas for the small cities shall be of an adequate size to 11 allow them to become viable economic centers with a balance of jobs and 12 housing. The small cities shall do appropriate planning to ensure adequate 13 distribution of land uses and services at a range of urban densities and 14 zoning classifications. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 2. Urban Growth Areas for cities shall include those areas contiguous to cities and with urban characteristics as defined by the Act. The Geneva area in Bellingham's UGA is characterized by urban development, but is also identified by the city and county as a Water Resource Protection UGA because of its location in the Lake Whatcom Watershed. Lake Whatcom is the drinking water source for much of the Bellingham urban area. Geneva is appropriate to include in an urban growth area, but is not an area where additional urban development is desirable. 3. Cities shall develop a plan to provide urban level water and sewer services within their Urban Growth Areas. This plan should be developed in cooperation with existing water purveyors and other municipal corporations providing water or sewer services within each city's Urban Area, and should be implemented through interlocal agreements. Short term and long term boundaries may be used to facilitate provision of urban levels of service and to not preclude future urban densities as defined within the Whatcom County Comprehensive Plan. 4. Existing cities should absorb additional population at a range of densities appropriately responsive to the city's community vision before extending city Urban Growth Areas into areas where growth would adversely impact critical areas and resource lands. In those small cities entirely surrounded by flood plains, critical area and resource lands or within Shellfish Protection Districts, the county and the city shall seek to negotiate a balance between protection of resources and the allocation of adequate land area to meet the growth needs of the city and to maintain the desired character of the community. 5. All cities should grow in an efficient manner while maintaining their character and, where reasonable, shall provide for adequate open space between cities to prevent strip development. 42 6. Cities should be encouraged to provide positive incentives for in -fill. Whatcom County Comprehensive Plan C- 5 610 Planning Commission Recommended Draft Appendix C - GPM Planning Gea4<ountywide Planning Policies Mav 26. 2016 1 E. Non -City Urban Growth Areas 2 1. Urban Growth Areas may also be established in areas that are not contiguous 3 to existing cities, and are already characterized by urban growth where 4 adequate facilities and services can be provided and which are intended to 5 meet needs not met by cities and their Urban Growth Areas. 6 2. Non -city urban growth areas, for already urbanized unincorporated 7 residential areas shall be encouraged to infill in a way that will facilitate 8 efficient provision of facilities and services consistent with the scale of 9 development. 10 3. Cherry Point shall be designated as an unincorporated industrial urban 11 growth area in recognition of existing large scale industrial land uses. 12 Additional large scale development shall be encouraged consistent with the 13 ability to provide needed services and consistent with protecting critical areas 14 along with other environmental protection considerations. The Cherry Point 15 industrial area is an important and appropriate area for industry due to its 16 access to deep water shipping, rail, all-weather roads, its location near the 17 Canadian border, and its contribution to the County's goal of providing family 18 wage jobs. 19 4. The County shall assure that there are plans to provide appropriate levels of 20 urban facilities and services within non -city Urban Growth Areas. These plans 21 should be developed by special purpose districts, water associations and 22 private service providers within each of these Areas, and should be 23 implemented, where appropriate, through interlocal agreements. Short term 24 and long term boundaries may be used to facilitate provision of urban levels 25 of service. 26 F. Contiguous, Orderly Development and Planning in Urban Growth Areas 27 1. Cities, the county and special districts shall execute interlocal agreements to 28 coordinate plans for and manage growth in Urban Growth Areas prior to 29 annexations. Interlocal agreements shall acknowledge and implement the 30 Countywide Planning Policies. 31 2. Interlocal agreements shall incorporate clear and reasonable criteria for 32 orderly annexation. The county and the cities shall establish a process to 33 incorporate representative citizen input into interlocal agreement and 34 encourage appropriate districts to participate. If adequate procedures are 35 developed to replace it, the Boundary Review Board may be replaced. 36 3. All urbanized areas currently within urban growth boundaries associated with 37 cities should be encouraged to annex to cities. Orderly annexations with 38 logical boundaries shall be encouraged. Interlocal agreements shall specify 39 guidelines on size, timing of annexations and urban levels of development, 40 and tax revenue sharing when appropriate. 41 4. Within Urban Growth Areas, cities shall not extend water and sewer utilities 42 without an adopted program for annexation and an adopted Capital Facilities 43 Plan. Exceptions may be made in cases where human health is threatened as Whatcom County Comprehensive Plan C- 6 611 Planning Commission Recommended Draft Appendix C - 6MA Perin 6eaFsCountvwide Plannina Policies Mav 26. 2016 1 determined by the County Health Department. If water extensions are made, 2 they shall be consistent with the service area boundaries and other 3 provisions within the adopted Coordinated Water System Plan. 4 5. In the areas where utilities presently extend beyond city limits, but are within 5 Urban Growth Areas, the city, county, and the existing water purveyors for 6 the area should jointly plan with the county. The County shall adopt zoning 7 which reflects this joint planning. 8 6. Unless specifically provided for by state statues, Cities, other municipal 9 corporations, and other public and private utilities shall not extend urban 10 levels of water service to serve urban uses outside Urban Growth Areas. If 11 legally allowed water extensions are made outside of Urban Growth Areas, 12 the maximum number of connections shall not exceed the density allowed 13 under the associated zoning. The number of connections shall be specified in 14 a legally binding document at the time the extension is approved. Property 15 contiguous to extension of utilities necessary to solve existing water 16 deficiencies, but which cannot benefit from them because of zoning 17 constraints, shall not be assessed for those improvements. 18 7. The availability of pipeline capacity required to meet local needs and/or 19 supply shall not be used to justify development counter to the countywide 20 land development pattern and shall not be considered in conversions of 21 agricultural land, forestry, and rural areas. 22 8. The cities, other municipal corporations, public utilities, and the county shall 23 cooperate to identify and balance the needs of each jurisdiction and entity 24 when planning for transition of services and annexation within Urban Growth 25 Areas. This intergovernmental cooperation and coordination should be 26 reflected in revenue agreements, work programs for joint projects, and 27 regional solutions adopted by the affected parties. 28 9. Major transportation, utility and greenway corridors shall be planned within 29 Urban Growth Areas. Development shall be consistent with these corridors. 30 The county shall ensure conformance through the permit process and 31 incentive programs. 32 10. Interlocal agreements shall include provisions for agreed upon development 33 standards within Urban Growth Areas. Unless a different standard is 34 negotiated, the more rigorous of the standards shall be enforced by the 35 county. 36 11. The county and the City of Bellingham shall establish, through the Urban 37 Fringe Subarea Plan update, the policies, zoning and criteria to comply with 38 current state Growth Management law. 39 12. To encourage contiguous, orderly development and annexation in Urban 40 Growth Areas around cities, the county shall designate Urban Residential 41 zones limiting density to a maximum of one dwelling unit per five acres in 42 undeveloped areas until urban level utilities are provided. Developed or 43 partially developed areas presently zoned Residential -Rural shall retain that 44 zoning. In the Bellingham Urban Growth Area, substantial development and Whatcom County Comprehensive Plan C- 7 612 Planning Commission Recommended Draft Appendix C -GPIA Planning GealsCountywide Planning.Policies May 26, 2016 1 subdivisions already have occurred without annexation. The revised Urban 2 Fringe Subarea Plan and a new Interlocal Agreement between the City of 3 Bellingham and the county will address sequence and timing for annexations, 4 subdivisions, and urban levels of development. 5 13. In Urban Growth Areas where development is occurring based on the 6 presence of utilities, urban development shall meet common urban standards 7 including fire flow requirements and supply. The county and the cities will 8 work together to develop reasonable standards over time. 9 14. The County and the cities shall coordinate drainage, stormwater 10 management and flood control in Urban Growth Areas and work toward the 11 development of common standards. 12 G. Affordable Housing 13 1. The county and the cities shall take actions to ensure a balance of housing 14 and economic growth consistent with each jurisdiction's employment base 15 and diverse income levels and to reduce commuting times and traffic 16 congestion. 17 2. The county and the cities shall plan for a range of housing types and costs 18 commensurate with their affordable housing needs. 19 3. Affordable housing should be convenient to major employment centers and 20 public services or be designed to accommodate public transportation. 21 4. The county and the cities shall promote innovative techniques and develop 22 strategies to provide for affordable housing with design, density, lot sizes and 23 development standards that provide for a variety of housing types. 24 5. The county and the cities shall review existing regulations and policies that 25 exclude or discourage affordable housing in their communities and shall not 26 adopt regulations and policies which do so. Mobile, modular, and 27 manufactured homes on individual lots, mobile home parks, accessory units, 28 inclusionary zoning, mixed use, and increased densities shall be reviewed as 29 affordable housing alternatives. 30 6. The county and the cities should work with the private sector, other public 31 and non-profit agencies, citizen groups, and trade representatives to assure 32 that there is an adequate supply of sites available for affordable housing and 33 to encourage housing design that is compatible with the surrounding 34 neighborhoods. 35 7. Low income housing shall not be concentrated in only a few communities or 36 neighborhoods. 37 8. The county and the cities shall consider reducing impact and/or mitigation 38 fees for affordable housing provided in a proposed development. 39 9. Each jurisdiction should explore options for providing shelter for the 40 homeless. Whatcom County Comprehensive Plan C- 8 613 Planning Commission Recommended Draft Appendix C - Countywide Plannin Policies Mav 26. 2016 1 H. Open Space/Greenbelt Corridors 2 1. Adequate open space is vital to the quality of life and sense of place in 3 Whatcom County. The county, cities, Port of Bellingham, and other 4 appropriate jurisdictions should coordinate protection of linked greenbelts, 5 within and between Urban Growth Areas, parks, and open space to protect 6 wildlife corridors and to enhance recreational opportunities, public access and 7 trail development. 8 2. The county and the cities shall plan for greenbelts and open space in their 9 Comprehensive Planning processes and coordinate with each other. Open 10 space systems should include lands which contain natural areas, habitat 11 lands, natural drainage features, and/or other environmental, cultural and 12 scenic resources. With increased residential densities, jurisdictions also 13 should ensure provision of adequate neighborhood parks and play areas 14 within safe bicycling and walking distance for children. 15 3. The county and the cities shall encourage, to the extent it is feasible, 16 separation of Urban Growth Areas through planning, zoning, development 17 regulations, open space purchase, conservation easements and other 18 mechanisms which may be appropriate. Also, an array of incentives such as 19 density bonuses, design flexibility and transferable development rights shall 20 be offered to affected land owners. 21 4. The County and Cities should work cooperatively to protect and restore 22 stream corridors within Urban Growth Areas that support anadromous fish. 23 I. Economic Development and Employment 24 1. Whatcom County recognizes that a healthy economy, which provides 25 opportunity for diverse segments of the community, is important to the 26 quality of life in the area. The Greater Whatcom Comprehensive Economic 27 Development Strategy (CEDS) "is intended to put forth economic 28 development alternatives for Whatcom County that will support jobs creation, 29 with an emphasis on higher wage jobs and diversification" 30 2. New business development and expansion of existing businesses are key 31 factors in providing "family wage" jobs and a strong tax base. Economic 32 development that pays family wage rates should be encouraged. Industrial 33 land designations must be sufficient to permit the concentration of industry 34 in appropriate locations beyond 20 years. In order to attract new industry 35 and provide for expansion of existing industries, the county and the cities will 36 designate land supply of sufficient size and diversity to provide a range of 37 suitable locations for industrial development. The designation of this land 38 shall be established in a way that preserves natural resource based industries 39 and critical areas. 40 3. To provide sufficient land supply for industrial growth and development, 41 industrial designations must not only include lands suitable for development, 42 but also lands suitably zoned to provide adequate buffers. It is also important 43 that these lands and buffers be conserved with appropriate land use and 44 zoning provisions to ensure that they will be available for future use. Whatcom County Comprehensive Plan C- 9 614 Planning Commission Recommended Draft Appendix C - GHA Planning GealsCountywide Planning Policies May 26, 2016 1 4. Encourage business location, retention, and expansion according to city and 2 county comprehensive plans in order to meet current and future demand for 3 diverse business and industry. Work with funding agencies and the private 4 sector to facilitate extension of adequate sewer, water, telecommunications 5 and road access to existing commercial and industrial -zoned properties, 6 creating shovel -ready sites. Cities and county may utilize the "Quick Sites" 7 economic development program through OTED, which links strategic 8 elements of planning, zoning, environmental review, and permitting with the 9 business -siting effort. 10 5. The county and the cities should include an economic development element 11 in their Comprehensive Plans. Economic development elements should be 12 consistent with the CEDS. Economic development shall be coordinated with 13 environmental concerns to protect the quality of life. Planning efforts should 14 address economic sustainability. As part of the comprehensive planning 15 process and through implementation of the comprehensive plan, the County 16 shall develop and adopt goals, policies and regulations that protect resource 17 land industries and support and encourage resource -based industries. 18 6. The county and the cities should continue to cooperate through the 19 Partnership for a Sustainable Economy to maintain the CEDS for 20 infrastructure funding. Other appropriate organizations, businesses, and 21 individuals should be involved in the process. 22 7. Economic vitality and job development shall be encouraged in all the cities 23 and in designated areas of the county consistent with community growth 24 policies, particularly addressing adequacy of transportation corridors, public 25 transportation, impacts on the environment, and the ability of the area to 26 provide urban services. 27 8. Economic development should be encouraged that: 28 a. Does not adversely impact the environment; 29 b. Is consistent with community values stated in local comprehensive 30 plans; 31 c. Encourages development that provides jobs to county residents; 32 d. Addresses unemployment problems in the county and seeks innovative 33 techniques to attract different industries for a more diversified 34 economic base; 35 e. Promotes reinvestment in the local economy; 36 f. Supports retention and expansion of existing businesses. 37 9. The County and the cities recognize the need for the protection and 38 utilization of natural resources and resource lands including agricultural, 39 mineral, forestry and fishing. As part of a broad based economy, productive 40 timber, agriculture and fisheries industries should be supported in a 41 sustainable manner. Whatcom County Comprehensive Plan C- 10 615 Planning Commission Recommended Draft Appendix C - Countywide PlannincLPolicies May 26, 2016 1 10. The cities and county agree to set policies for approving proposals to 2 authorize siting of Major Industrial Developments for large or resource -based 3 industries outside of Urban Growth Areas (as per RCW 36.70A.365). The 4 master planning process for specific manufacturing, industrial, or commercial 5 businesses shall address infrastructure, buffers, environmental protection, 6 sprawl, resource lands, critical areas, and land supply. 7 11. Whatcom County encourages siting of industrial uses in proximity to and to 8 further utilization of our access to deep water and port facilities for shipping, 9 rail, airports, roadways, utility corridors and the international border. 10 J. Countywide Transportation Facilities and Strategies 11 1. A Regional Transportation Planning Organization (RTPO) has been 12 established in Whatcom County to conduct regional, cooperative 13 transportation planning. The RTPO has completed a Regional Transportation 14 Plan (RTP) including countywide transportation policies. The RTP has been 15 approved by a regional transportation Policy Board consisting of elected 16 representatives of most area jurisdictions. The Transportation Chapter of the 17 Whatcom County Comprehensive Plan and the Comprehensive Plans for each 18 of the City's must be consistent with the RTP as it is amended. The county 19 and the cities will continue to support the RTPO on an on -going basis to 20 coordinate transportation planning across Whatcom County. 21 2. Whatcom County jurisdictions shall encourage alternative modes of 22 transportation to the single occupancy vehicle. Each jurisdiction shall 23 encourage: 24 a. Use of public transportation; 25 b. Development of liked on -street bicycle routes and pedestrian and 26 bicycle trail corridors; 27 c. Adequate pedestrian facilities; 28 d. Connections between different modes of transportation; 29 e. Intermodal connection of freight transportation. 30 3. To encourage use of single occupant vehicle alternatives and development of 31 pedestrian scale neighborhoods, high density residential development shall 32 be encouraged in urban growth areas with particular attention to those 33 locations within cities and in close proximity to arterials and main transit 34 routes. 35 4. Cities are particularly encouraged to support transit and pedestrian friendly 36 mixed use developments within their UGAs to help achieve the goals 37 supported in these policies. 38 5. Where the roadway level of service (LOS) adopted in local comprehensive 39 plans cannot be maintained as a result of proposed new development, that 40 development shall be denied, unless the proponents agree to pay a 41 proportionate share of the cost of maintaining the LOS. Whatcom County Comprehensive Plan C- 11 616 Planning Commission Recommended Draft Appendix C - GPM Planning Gea Countywide Planning Policies May 26, 2016 1 6. Strategies for maintaining established levels of service may include 2 transportation demand management techniques, project impact mitigation 3 fees, enhanced access to public transportation service, and/or other steps to 4 reduce or limit traffic congestion. 5 7. Priorities shall be established and expenditures coordinated for countywide 6 bicycle and trail corridors. Bicycle and pedestrian -specific trails and other 7 facilities shall be included during project planning and review. Coordinated 8 corridors and cost sharing should be explored among all responsible and 9 interested parties. 10 8. Whatcom County should work cooperatively with the Whatcom County 11 Council of Governments, Cities, Whatcom Transit Authority and other 12 agencies with jurisdiction to plan for inter -county and international 13 transportation links, such as airports, border crossings, passenger rail, 14 freight rail, transit, ferries, and other transportation facilities. 15 K. Siting of Public Facilities 16 1. As part of the comprehensive planning process, the county and the cities 17 shall identify appropriate land for public facilities which meets the needs of 18 the community, such as schools, recreation, transportation and utility 19 corridors, human service facilities, and airport and other port facilities. In 20 order to reduce land use conflicts, policies related to a design component 21 shall be incorporated in the comprehensive plans. 22 2. The county and the cities will implement a cooperative and structured 23 process, which includes early and continuous public involvement, to consider 24 siting of essential public facilities of a regional and statewide nature. State 25 facilities shall conform to local siting procedures. ,26 3. Public facilities that generate substantial travel demand should be sited along 27 or near major transportation and public transit corridors, where available. 28 4. The county and the cities shall work with their respective school district to 29 encourage siting of schools in conjunction with areas where substantial 30 development exists or is projected and near public transportation corridors. 31 5. Sharing of corridors for major utilities, trails and other transportation 32 rights -of -way is encouraged when not in conflict with goals to protect wildlife, 33 public health and safety. 34 L. Impact Fees 35 1. The county and the cities are encouraged to adopt fair and reasonable impact 36 and/or mitigation fee ordinances to ensure that new growth pays its fair 37 share of the cost of capital facilities, such as transportation improvements, 38 parks, and schools. 39 2. The county and cities shall work with their school districts to develop impact 40 fee formulas as appropriate to the district's capital needs. Whatcom County Comprehensive Plan C- 12 617 Planning Commission Recommended Draft Appendix C - CoqtLtywide Plannin4 Policies Mav 26. 2016 1 M. Intergovernmental Cooperation 2 1. To adequately plan for growth and implement the policies of the Growth 3 Management Act, the governmental jurisdictions in Whatcom County, 4 including the Lummi Nation and Nooksack Tribe, and the Port of Bellingham 5 shall work together to establish on -going mechanisms to improve 6 communication, information sharing and coordinated approaches to common 7 problems. 8 2. Whatcom County governments should communicate with neighboring 9 counties and governments in British Columbia and work cooperatively on 10 growth management issues that cross county and national borders. 11 N. Water Quality and Quantity 12 1. The cities, and the county, in cooperation with other municipal corporations, 13 tribal governments, federal and state agencies, and public and private 14 utilities shall cooperate in the protection of water resources and in drawing 15 upon said water to support growth. 16 2. The Cities and the County in cooperation with other municipal corporations 17 and tribal governments shall adopt zoning regulations and development 18 standards to protect water resources. Where there are potential conflicts with 19 designations required by the Growth Management Act, such as natural 20 resource lands and critical areas, water resource protection shall generally 21 have priority. 22 3. Jurisdictions shall cooperate to protect and restore water resources and fish 23 habitat within UGA's and across jurisdictional boundaries to maintain quality 24 of life and economic health in Whatcom County. 25 4. Jurisdictions involved in the development of ground and/or surface water 26 management plans shall pursue the adoption and implementation of the 27 plans, as well as coordination and integration of the plans into local 28 comprehensive plans as appropriate. Examples of such plans include the 29 Lake Whatcom Management Plan, WRIA 1 Watershed Management Plan, 30 Shellfish Protection District Plans and drinking water source protection plans. 31 5. All jurisdictions should participate in the process to establish a countywide 32 water resource management body in accordance with the Watershed 33 Management Act and other applicable federal, state and local regulations to 34 inform GMA planning efforts. 35 6. All jurisdictions shall maximize reduction of water pollutants from stormwater 36 runoff and combined sewer overflows. 37 O. Fiscal Impact 38 1. It is recognized that if the Growth Management Act and these policies are 39 implemented to their maximum extent, county government may eventually 40 lose the tax base needed to operate essential services, including the criminal 41 justice function and the Offices of Treasurer, Assessor, and Auditor, which Whatcom County Comprehensive Plan C- 13 Planning Commission Recommended Draft Appendix C - GNiA-Planning Gea4sCountywide Planning Policies May 26, 2016 1 serve all jurisdictions in the area. Revenue -sharing shall be addressed in 2 inter -local agreements between Cities and the County. 3 P. Private Property Rights 4 1. As required in the Growth Management Act, private property shall not be 5 taken for public use without just compensation having been made. It is not 6 the purpose of this paragraph to expand or reduce the scope of private 7 property already provided in local, state and federal law. 8 2. The county as required by Whatcom County Home Rule Charter Section 1.11, 9 and cities should establish a pro -active process to anticipate potential takings 10 and other private property issues and resolve them out of court. Whatcom County Comprehensive Plan C- 14 619 Planning Commission Recommended Draft Appendix C - Countywide PlanningPolicies May 26. 2016 1 Glossary 2 AfFord"e- Housing: in this deeuffie,mt the definition of "affer-dable housing" is to 3 be developed by each eeinnqunity as paFt of the Gengpicehensive Plan.,'.—, pr-eeess. - :- - - to 6 include an fl9venter-y of existing facilities, feFeeast of futuFe needs and a Y�U. • -Areas. - --least :- • - - - Pffpr-t: en eeesys 10 aquifers used for p tabble lwater-; I(e) fisn and wildlife habitat eenser-vatien areas�,� 11 frequently flooded areas; and (e) geologically hazar-deus aFeas. 12 Green beIt9jG reenways., These are undeveloped open space, natural aFita�.- 14 eer-ridet=s a singalar Feess A payment of n9eney irnposed new - • 17 This fee n9ust be used exclusively to finance in9prevengents in apital facilities tl, • are necessitated by the - • - -"anary Zoning, Zoning that requiresdevelopers 20 -- --- - using units in a --:: 22 in fill, The pFaetiee of using developable land that lies within - eity I In. A er- -:,'.►:..�wr�:1a�M11[:►:�lw�la.u.�:�t�.il:wl�.�. ilw a��►lw �•�►.1:1.=.. �:=..il. u[t. i►1r taAi[w �7i[U�� 24 25 -A n agFeengentintended to apply within designated -- -r-der-ly annexations including 28 guidelines on size and- -- development, of annexations and uFban levels elf • develepn9ent standards and tax revenue sharing pFe isiens. and any ether- 32 Level of - rnung capacity • - 35 36 37 38 39 Natural Resource Lands: Natural Reseuree Lands includle agric landsare -; by tom_ an 40 and n9iner-al reseLAFee uFban 'EeFnq feF the -.-M,ffi..-Fed.al growth feed eF eth 41 that have long significance pr-eductien of _ _ _ _ _ - 42 0 : . eern_- _ feF the extraction of _ Whatcom County Comprehensive Plan C- 15 620 Planning Commission Recommended Draft Appendix C - 6MA-Planning-GeafsCountywide Planning Policies May 26, 2016 Utilities, -- - - -vem -.: n9ents (ineludes water andsewe GFewth 11A anagem Aet te - 7 the • ent eeOFd;nate- has been - the n efforts an '- - Governments t E)rganw atien fer- Whateern Geunty. - -e-Fals, feresticy 12 natural and :- ef Sher-t Term beundaries tee! Short TermiLeng 15 feF faeikati Term Boundaries: levels are used as a . picevisie of urban ef seFvwees and preventing sprawl. FTTV_�U the identified 20 - within14 18 Urban Fringe Subarea Plan., A te the Bellinghang Yr-ban Grewth plan per-taining _ a portion Whateeinn---CeuntyneFth - ef of ellinghang 1 eentaining it is designating suburban gr-ewth. a plan 21 inteFfaee between uFban land Senge the YFban FFinge AF and rural uses-. part ef 22 will be - in an Urban Gr-ewth AFea. Senge the ef intensive 'and feF the lecatien 24 Urban growth; grewth that n9akes use ef ef use land feF the feed 26 ineen9patible 27 with the fiber-, ef ',,h,e preduetien ef ether agr-icultuFal 28 pFeduets, develepment, er- er extFaetien ef lands designated miner -a! reseuFees, rural te R uses, rural 29 •A • Growth Areasbe and natural r-eseuFee puFsuant 1 Urban 32 Urban Levell of Servnee, The rninimurn level of urban facilities and serviees, -- use eentFols,- en faeilities and p 36 seheels, te suppeFt UFbandevelopment.' 39 40 41 Whatcom County Comprehensive Plan C- 16 621 Planning Commission Recommended Draft Appendix C - AM PlanniHg Countywide Planning Policies Mav 26. 2016 rams: :..5o.:.:w.r.:.::I�..,.:..'..:.C��..'....��.:.a:.,. :.-...,.:.:.d.:��0.::.:.....C.�i0.:......��.�:.: 3 "Nen to -- i -.—MI-F-TIIUegFatieiq ef VaFieWS transpei=tatien - bus linio. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 - - -- :. LV-, - - - - : EPT -- - - - - - - Whatcom County Comprehensive Plan C- 17 622 Planning Commission Recommended Draft Appendix C - Countywide Planning Policies May 26, 2016 - : - -- - - edueatien -- and vecatiena'- • and ether seeial te lesser- seFViees are alse, altheugh a extent, seFviees whieh • --- 1 - there 1.4,at was general eensensus expandingpaF!(s system through additional 13 07rs4cnn�saJ FUfI- �•.■or■.■. - - • -g sheuld be leeated in urban aFeas it sh- 17 thr-eugheut the Geunty • • 1 aage levels. nd 22 • - 26 `-r_ieu1tLwe, fer-estry, and fisheries indust ies sheuld be - 28 • this has an irnpaetavailable1 �� _res_ -. _are _ 33 eernprehensive review of the buildingprocess needs te be undertaken-4 34 -sure that the Fules and r-egulationss- -d are singpler te Linderstand, • agencies need te be -_ - • eeenengic ineentives- _- • needs te be better- eeerd;natien between 1 iS!li�•�it0��:�a.r�.�: _ --�_i..�GGr«..�jC ' :t _►:��.a Whatcom County Comprehensive Plan C- 18 623 Planning Commission Recommended Draft Appendix C - GMA-✓ +ag GeafsCountywide Plannin(7-Policies May 26, 2016 8. 9 eitizens that people want to be able to exercise local een,-el -(i.e. 10 . 11- 12 impaet them-. 13 14 yes, ete 15 should be subject to a vote of the people 16 17 . 18-- 19ray�L than the quantity of jobs, but 20 the County should, 22 4 — ' 23 . 24- 25 areas ineluding the 1 5 eeFFideF. 26 �eie 27 . 28 7--R-ese 29 8.---Ge ,l a ,.,,,t,,.,.,, ,n+ —,4�eeeur-alongeeFFideF at I(ey 31 SpniM 32 — n t i a l area-s,---s-e 33 34-- 35 36 , not a 75_90 f the land �nihate,.n-,_C—E f �^�al.e- fit"—i"ural, 3 7 a-�ea s — a,=����- ��-�-o,-«, fir- _. _�. � .. _ _ _ , 38 . 39 Whatcom County Comprehensive Plan C- 19 624 Planning Commission Recommended Draft Appendix C - . Countywide Planning Policies Mav 26. 2016 -. -- • -- - - - . - - - vete ef the -- . - - - - • the- .: -- designatiens-- • flexibility, latittAde,-plieatien (elusteF heusifng, . - - - - - 27 :o and grew ine! ding reviewm-e�f-large scale eengmercial, industrial, ._ •••_ _ _and PaF!( land) 1 sheuld be -agricultural,- land in the yea 31 •, '- -rural ehaFacteF ef Whateeng 33 pFeteet. agFieultu.,e feFest lands. However, they alse want gr- ater / self - R - - en - • develepngent sh- be - - - fleedding, C • 40 - - :�.�: Whatcom County Comprehensive Plan C- 20 625 Planning Commission Recommended Draft Appendix C - Countywide Planning Policies Mav 26, 2016 Rank ► - - - -- ' Rank 4: Lew • En4ey iqat-Lwal- i SkQ- �- 8— 9 T-a es 10 4.--- 11 waste. 12 13 benefit- then local funds current should 14 15 te be taxed feF than fer- —aFe rneFe willing scheels ether se I • - �, - ,.. - - :. - : • __ : isw0��.i�••�.�:�.�G�wG►�TI�S.��.�'t3�'J�:Tw 7w: NN • - - Whatcom County Comprehensive Plan C- 21 626 627 Planning Commission Recommended Draft Appendix D - Bibliography May 26, 2016 Appendix D Bibliography Introduction • ECONorthwest: Whatcom County Population and Economic Forecast, May 2002. • United States Department of Agriculture: Census of Agriculture Profiles, 1977. • Whatcom County Health Department: Coordinated Water System Plan Update, February 2000. • Western Washington University, Center for Economic and Business Research: Natural Resources Sector Profile, Fall 2002. • Western Washington University, Center for Economic and Business Research: Trade Sector Profile, Fall 2002. • Dean Runyan Associates for Washington State Business and Tourism Development: Washington State County Travel Impact Report, October 2002. • BERK. (November 1, 2013). Whatcom County Population and Employment Projections and Urban Growth Area Allocations - Phase I Technical Report. http•//www whatcomcounty us/pds/plan/Ir/compplan/pdf/revised-phase-l- technical-report-20131101. pdf. • State of Washington Office of Financial Management. (August 2012). County Growth Management Population Projections by Age and Sex: 2010-2040. http://www.ofm.wa.gov/pop/g_ma/projectionsl2/GMA 2012 county pop pro jections.pdf. • United States Department of Agriculture. (May 2014). 2012 Census of Agriculture. http://agcensus.usda.gov/Publications/2012/Full Report/Volume 1, Chapter 1 US/usvl.pdf. Housing • Bellingham Comprehensive Plan: Housing Element, Part IV. • Bellingham Consolidated Plan. Whatcom County Comprehensive Plan D- 1 Planning Commission Recommended Draft Appendix D - Bibliography May 26, 2016 • Bellingham-Whatcom County Housing Authority. • Burris, Preston. Whatcom County Planning and Development Services Department, Bellingham, Washington. Interview on Methods for Conducting a Windshield Survey of Housing Stock Conditions in Select Parts of Whatcom County, May, 1994. • Community Counts: Whatcom County Health Indicator Report 2002. • ECONorthwest Whatcom County Population and Economic Forecasts, 2002. • Property Counselors. Population, Economic and Housing Projections 1990- 2000-2010. Property Counselors, 1991. • Tedrow, Lucky M. 1990 Census Material on Population and Housing. Bellingham: Western Washington University, [1994]. • United States Census: 2000. • United States Department of Housing and Urban Development. The Comprehensive Housing Affordability Strategy (CHAS) Databook. Washington, 1991. • U.S. Department of Commerce (DOC). 1990 Census of Population and Housing Summary Social, Economic and Housing Characteristics/Washington, DOC, 1990. • Washington State Department of Community Development DCD).Assessing Your Community's Housing Needs, State of Washington, 1992. • Washington State Department of Community Development (DCD). Housing Resource Guide and Other Essentials for Affordable Housing, State of Washington, 1993. • Jones Associates. Cherry Point -Ferndale Background. Whatcom County, WA, 1979. • Whatcom County Planning Department. The Urban Fringe Background Document. Bellingham, WA, 1982. • Whatcom County Planning Department. The Lynden-Nooksack Valley Subarea Background Document. Bellingham, WA, 1983. • The Chuckanut Lake Samish Subarea Background Document. Bellingham, WA, 1984. • The Birch Bay -Blaine Subarea Background Document. Bellingham, WA, 1987. Whatcom County Comprehensive Plan D- 2 629 Planning Commission Recommended Draft Appendix D - Bibliography May 26, 2016 • The Point Roberts Subarea Background Document. Bellingham, WA, 1990. • The South Fork Valley Background Document. Bellingham, WA, 1991. • Whatcom Real Estate Research Report. Economics • Comprehensive Economic Development Strategies. • Coordinated Water System Plan. • East County economic Plans. • Port of Bellingham and PUD #1: Evaluation for Industry Recruitment in Whatcom County and Cherry Point. Bellingham, WA, 2000-. • Key Policies (Goals & Strategies) Related to Local Economic Development. • The Business Triad Report, 1981. • The Economic Futures Study of Whatcom County, 1983. • The Stanford Research Institute Study, 1983. • Whatcom County Comprehensive Economic Development strategies Project List. Utilities • American Planning Association. Environment and Development. Chicago: American Planning Association, 1992. • Bonneville Power Administration. 1991 Northwest Conservation and Electric Power Plan. Portland: Bonneville Power Administration, 1991. • Issue Alert; Gearing Up for Tomorrow's Energy Needs: BPA's 1992 Resource Program. Por • Charting a Course for the Future: Technical Appendix. Portland: Bonneville Power Administration, 1992. • Puget Sound Area Electric Reliability Plan, Draft Environmental Impact Statement. Portland Bonneville Power Administration, 1991. • Cascade Natural Gas. Natural Gas - Utilities Element for Local Comprehensive Plans. Seattle: Cascade Natural Gas, 1993. Whatcom County Comprehensive Plan D- 3 630 Planning Commission Recommended Draft Mav 26. 2016 Appendix D - Bibliography • Flaven, Christoper and Lenssen, Nicholas. Beyond the Petroleum Age: Designing a Solar Economy. Washington, D.C.: World Watch Institute, 1990 • Hanson, Mark, "Electric Utility Least -Cost Planning: Making it Work Within a Multi -Attribute Decision -Making Framework," Journal of the American Planning Association, Vol. 57 (1) (Winter 1991). • Jefferson County Planning Department. Jefferson County Comprehensive Plan. Port Townsend, WA, 1979. • Northwest Power Planning Council. 1991 Northwest Conservation and Electric Power Plan, Volumes I and II. Portland: Northwest Power Planning Council, 1991. • Northwest Energy News. Portland: Northwest Power Planning Council, 1992. • Staff Issue Paper: Solar Electric Resources. Portland: Northwest Power Planning Council, 1989. • Update. Portland: Northwest Power Planning Council, 1993. • Puget Sound Inter -Utilities Task Force. Regional Inter -Utility Report. Place of publication not given: Puget Sound Inter -Utilities Task Force, 1992. • Puget Sound Power and Light Company. Model Electric Utility Element for Local • Jurisdictions' Comprehensive Plans. Bellevue: Puget Sound Power and Light Company, 1992. • Securing Future Opportunities 1990-1991. Bellevue: Puget Sound Power and Light Company, 1989. • Draft GMA Electrical Facilities Plan. Bellevue: Puget Sound Power and Light Company, 1992. • Planners Briefing Book on Electric Utility Issues in Growth Management. Bellevue: Puget Sound Power and Light, 1993. • Puget Sound Power Electric Utilities Task Force. Inter -Utility Task Force Report on Growth Management: Findings and Recommendations. Place of publication not given: Puget Sound Power Electric Utilities Task Force, 1992. • Resources for the Future. Resources. Washington, D.C.: Resources for the Future, 1992. Whatcom County Comprehensive Plan H 631 Planning Commission Recommended Draft Appendix D - Bibliography May 26. 2016 • US WEST Communications, Inc. Statements for Communities Planning Under Washington State Growth Management Act. Seattle: U.S. WEST, Communications, Inc., 1992. • Washington Energy Strategy Committee. Washington's Energy Strategy: An Invitation to Action. Olympia: Washington Energy Strategy Committee, 1993. • Washington State Department of Natural Resources. Coal Maturation and Natural Gas Potential of Western and Central Washington. Olympia: Washington State Department of Natural Resources, 1991. Mineral Resources • Whatcom County Planning and Development Services. The Whatcom County Natural Resources Report: Mineral Resources Background Document, 1994. • GeoEngineers, Inc. Report Engineering geology Evaluation Aggregate Resource Inventory Study Whatcom County, Washington, 2003. • Loen, Jeffrey S. et al. Reconnaissance Investigation of Sand, Gravel, and Quarried Bedrock Resources in the Bellingham, 1:100,000 Quadrangle, Washington State Department of Natural Resources, 2001. ® Pacific Lutheran University, The Aggregates Industry in Washington - Economic Impact and Importance, Prepared for the Washington Aggregates and Concrete Association, July 2003 • Element Solutions. (December 22, 2014). Aggregate Resource Inventory 2014 Study V date Whatcom County, Washington. Essential Public Facilities • Federal Aviation Administration Advisory Circular 150/5200-33: Hazardous Wildlife attractants on or Near Airports Airport/Landuse Compatibility Planning • Washington State Department of Transportation Aviation Division. Airports and Compatible Land Use Volume 1, February 1999. • Shutt Moen Associates. California Airport Land Use Planning Handbook, State of California Department of Transportation Division of Aeronautics, January 2002. Whatcom County Comprehensive Plan D- 5 632 Planning Commission Recommended Draft Appendix D - Bibliography May 26, 2016 Environment • Prince George's County MD, Department of Environmental Resources Programs & Planning Division. Low -Impact Development Design Strategies - An Integrated Design Approach. June 1999. • Department of Ecology. Samish Bay Watershed Nonpoint Action Plan and Final Closure Response Strategy. Skagit County, WA, December 1995. • URS Corporation. Whatcom County Endangered Species Act Evaluation Report. April 2001. • Washington State Department of Ecology. Drayton Harbor Focused Watershed Analysis Remediating Water Quality Impacts Through Application of Landscape Principles. Publication No. 03-06-025. State of Washington, August 2003. • Water Quality Assessments of Selected Lakes within Washington State. Publication No. 00-03-009. State of Washington, March 2000. • Drayton Harbor Growing Area Initial Closure Response Strategy. State of Washington, May 1995. • Whatcom County, City of Bellingham and Water District No. 10. Lake Whatcom Reservoir Management Program for 2000. Bellingham, WA, January 2000. • Water Source Protection Plan for the Lake Whatcom Watershed. Bellingham, WA, April 2000. ® Whatcom County Public Works. Lower Nooksack River Comprehensive Flood Hazard Management Plan. Whatcom County, WA, October 1999. • Climate Change Impacts and Adaptation in Washington State: Technical Summaries for Decision Makers, Climate Impacts Group, University of Washington December 2013. • Blake, S, & Peterson, B. (March 25, 2005) Water Resources Inventory 1 (WRIA 1) Watershed Management Plan- Phase 1_ http•//wria1project. whatcomcounty.org/admin/64.aspx#wmp. • Geneva Consulting (July 2007). WRIA 1 Detailed Implementation Plan July 2007. http://wria1project.whatcomcounty.org/uploads/PDF/WRIA%201%20DIP Pla nning%20Unit%20Approved 3uly%202007 funding%20acknowledgment%2 0021709.pdf. Whatcom County Comprehensive Plan D- 6 633 Planning Commission Recommended Draft Appendix D - Bibliography May 26, 2016 • Achieving Economic and Evnironmental Certainty in Water Availability for the Lower Nooksack River Sub -basin: Work Plan, Budget and Financing Strategy (Lower Nooksack Strategy). (October 21, 2010). http•//wria1proiect whatcomcounty.orgluploads/PDF/Guiding%20Documents %20and%20Plans/WRIA%201 %20Lower%20Nooksack%2OStrategy Final%2 OOct%2028%202010. pdf. • Whatcom Count Comprehensive Water Resource Plan. (1999, and 2000 and 2001 Updates). http://www.co.whatcom.wa.us/publicworks/water/`naturalresources/waterpla n.isp. • Washington State Department of Ecology. (February 2015). Phase II Western Washington Municipal Stormwater Permit. http://www ecy wa gov/programs/wq/stormwater/municipal/phaseIIww/wwp hiipermit.html. • Whatcom County Planning &_Development Natural Resource Management. (August 8, 2008). Title 23 Shoreline Management Program. http://www.co.whatcom.wa.us/pds/naturalresource�shorelineslpdf/SMP Co unt AApproved EcologyApproved 090323 clean OOO.pdf. • WRIA 1 Salmonid Recovery Plan. (April 30, 2005). http://salmon.wrial.org/webfm send/23. • WRIA 1 Salmon Recovery Board. (May 24, 2011). 2011-2013 WRIA 1 Salmon Recovery 3-Year Project Plan. http://www.psp.wa.gov/downloads/SALMON RECOVERY/2011/nooksack20ll u ddate.pdf. • Whatcom County. (September 2007). Climate Protection and Energy Conservation Action Plan. http://www.whatcomcounty.us/executive/pdf/ClimateProtectionandEnergyCo nservationActionPlan. pdf. Recreation • Whatcom County Bicycle Pedestrian Advisory Committee. (Revised and updated August 2009). Whatcom County Pedestrian and Bicycle Plan_ http •//www. co. whatcom. wa, us/boards/bpac/pdf/bike ped plan draft Aug 0 9 pdf : Re lutien 2003_037 --rcc-3c�rac�o-rr-�rrz-oo� o�� • Whatcom County Natural Heritage Task Force. June 19, 1991). Preserving a Way of Life: A Natural Heritage Plan for Whatcom County. Whatcom County Comprehensive Plan D- 7 634 Planning Commission Recommended Draft Appendix D - Bibliography May 26, 2016 ® Whatcom County Parks and Recreation. (April 2014). Comprehensive Parks, Recreation and Open Space Plan. htt www.co.whatcom.wa.us/parks/pdf/comp-plan-draft-main-020714.pdf Land Use ® Drayton Harbor Shellfish Protection District Advisory Committee. (March 21 2007). Drayton Harbor Shellfish Protection District Recovery Plan - 2007 Update. http://www.whatcomcounty.us/publicworks/water/naturalresources/pdf/DHS tatus-2007fi na I . pdf. Whatcom County Comprehensive Plan D- 8 635 11��►:tea (PROPOSED TO BE REPLACED IN ITS ENTIRETY WITH THE ATTACHED) 636 [Note: this appendix is proposed to be deleted and replaced in its entirety] ICFJones & Stokes an ICF International Company 637 Whatcom County Comprehensive Plan — Appendix E ■ May 26, 2016 Planning Commission Recommended Draft Chapter 1 — Introduction............................................................2 Chapter 2 — Parks, Trails and Activity Centers...............................5 Chapter 3 — Maintenance & Operations........................................9 Chapter 4 — General Government Office Buildings and Sites ........... 10 Chapter 5 — Sheriffs Office.......................................................11 Chapter 6 — Emergency Management.........................................12 Chapter 7 — Adult Corrections....................................................13 Chapter 8 — Juvenile Detention...................................................15 Chapter 9 — Transportation........................................................16 Chapter 10 — Stormwater Facilities..............................................25 Chapter 11 - Water Systems......................................................27 Chapter 12 — Sewer Systems.....................................................39 Chapter 13 — Schools...............................................................51 Chapter 14 — Fire Protection.......................................................59 Chapter 15 — Solid Waste..........................................................66 Chapter 16 — County Revenue Projections....................................69 1 639 Capital facilities, such as parks & recreation facilities, County buildings, law enforcement & criminal justice facilities, transportation, stormwater, water, sewer, school, and fire protection facilities are important because they support the growth envisioned in the Whatcom County Comprehensive Plan. Capital facilities generally have very long useful lives, significant costs, and are not mobile. The focus of this 20-Year Capital Facilities Plan (CFP) is supporting the County's review of urban growth areas and planning needed public facilities for the County's population. County facility plans, city plans, special district plans, population, adopted level of service (LOS) standards and other demand indicators are the principal factors considered in the CFP. This CFP addresses both the six year period from 2017-2022 and, more generally, the seven to twenty year planning period from 2023-2036. Growth Management Act Growth Management Act (GMA) Planning Goal # 12 is to: Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards (RCW 36.70A.020(12)). The CFP is required by the GMA under RCW 36.70A.070. The GMA requires the CFP to identify facilities, include a realistic financing plan, and make adjustment to the plan if funding is inadequate. Specifically, RCW 36.70A.070(3) requires the capital facilities plan to include: (a) An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities; (b) a forecast of the future needs for such capital facilities; (c) the proposed locations and capacities of expanded or new capital facilities; (d) at least a six -year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes; and (e) a requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent. z a In 2016, the County completed the required urban growth area (UGA) review in which the County considered growth forecasts and allocations, urban growth boundaries, and comprehensive plan designations. Projected population and employment growth to 2036 is a key assumption of this CFP. The purpose of the CFP is to plan adequate public facilities consistent with the Comprehensive Plan's land use element, including UGA planning. CFP Assumptions This CFP is based on the following sources of information and assumptions: ■ County Facility Plans: The County updates the Six -Year Capital Improvement Program for natcom County Facilities every other year and this six -year plan informs the 20-Year CFP. The County updates this 20-Year CFP, which also includes information relating to capital improvements in years 7-20, at least every eight years at the state -required periodic update of the Comprehensive Plan. ■ Service Provider Plans: The capital plans of cities, special purpose districts, and other service providers, particularly those serving UGAs, were collected and reviewed including inventories, forecast of future needs, planned facilities, growth forecasts, and potential funding. ■ Growth Forecasts: Forecasts of population and job growth were allocated to each UGA and the rural areas. The 2013 population and employment and the 2036 growth for each capital facility service provider were then estimated by special district boundary. ■ Revenue Forecasts: Forecasts of revenues for County facilities were prepared out to the 2036 horizon year (Chapter 16). The revenue sources for city and special district service providers are summarized from available plans. MTM I gn* - 1 Special purpose districts provide a number of facilities addressed by this CFP, including water, sewer, schools, and fire protection. Some of these special districts have prepared their own capital plans that provide information for these facilities. Specifically, with regard to special purpose district plans, Washington Administrative Code 365-196-415(4) indicates that the County should: (a) Summarize the information within the capital facilities element; (b) Synthesize the information from the various providers to show that the actions, taken together, provide adequate public facilities; and (c) Conclude that the capital facilities element shows how the area will be provided with adequate public facilities. 3 641 Special districts play an important role in supporting the County's land use plans. Information from special district plans, when available, has been summarized in this CFP. The CFP contains the inventory of existing facilities and presents a summary of capital improvement projects and financing to pay for these projects. Each type of public facility is presented in a separate chapter, which generally follows the format shown below. ■ Inventory of Current Facilities: A summary of existing capital facilities. ■ Forecast of Future Needs: A forecast of future capital facility needs, which may include review of the County or service provider level of service (LOS) or design standards if applicable, is presented for each type of public facility. ■ Capital Projects and Funding: A summary of capital improvements proposed through the planning period. A more detailed plan for County facilities is provided in the Six -Year Capital Improvement Program for Whatcom County Facilities 2017-2022, while generalized County capital improvements and funding for the remainder of the planning period (2023- 2036) are identified in this 20-year CFP. For non -County providers, capital projects identified in the service providers' most recent plans are summarized. 4 Chapter Parks, Trails and Activity Centers The Whatcom County Parks and Recreation Department mission statement is to enrich the quality of life for the community and preserve the natural and cultural heritage of the County through provision of outstanding parks and trails, open space and natural areas, as well as recreational activities and senior services. Whatcom County government accomplishes this mission by providing a variety of recreational facilities, services and programs to residents and visitors. In addition, there are three special parks districts that include land in unincorporated portions of the County. These parks and recreation districts are presented after County facilities. Inventory of Current Facilities — County Facilities County Parks, Trails and Activity Centers The 2016 inventory of Whatcom County recreation facilities includes approximately 14,700 acres of park and open space area, 65 miles of trails, and 13 activity centers, as shown in more detail in the Six -Year Capital Improvement Program for Whatcom County Facilities. Future Needs — County Facilities Whatcom County Comprehensive Plan Policy 4F-1 (in Chapter 4) establishes level of service standards for developed parks and trails, as shown below. Parks and Trail Level of Service (LOS) Standards Category LOS Standard Developed Parks 9.6 acres per 1,000 population Trails 0.60 of a mile per 1,000 population Developed Parks - Forecast of Future Needs A level of service of 9.6 acres of developed parkland for every 1,000 people in the County was adopted in the Whatcom County Comprehensive Plan. With a projected county -wide population of 275,450 in the year 2036, the County's existing parks will meet the adopted level of service over the 20-year planning period. However, the County is proposing park improvement projects to increase quality of existing park facilities and develop the Birch Bay Community Park to meet the longer term needs of a growing population. Trails e Forecast of Future Needs A level of service of 0.60 miles of trails for every 1,000 people in the County was adopted in the Whatcom County Comprehensive Plan. With a projected county -wide population of 275,450 in 5 643 the year 2036, almost 100 additional miles of trails would be needed over the 20-year planning period to serve the people of Whatcom County. Activity Center - Forecast of Future Needs The Whatcom County Comprehensive Plan does not contain a level of service standard for activity centers. Rather, the Comprehensive Plan Policy 417-5 states: Continue to provide and support activity centers, including senior centers, to serve the growing population of Whatcom County by the following methods, as needed, which are listed in priority order: (1) implementing programming changes, (2) adding space to existing centers, and/or (3) establishing new centers. Capital Projects and Funding — County Facilities Developed Parks Park projects anticipated in the six -year planning period include approximately $2.2 million in improvements. These projects, and their associated funding sources, are shown in the Six -Year Capital Improvement Program for Whatcom County Facilities. It is anticipated that approximately $500,000 would be spent annually on various park projects throughout the 7 to 20 year planning period. These costs would be paid from Real Estate Excise Tax (REST), grants, and foundation funds. The County will also monitor the adequacy of County park facilities throughout the planning period and consider other capital improvements and maintenance projects if warranted in the future. Trail Improvements Trail projects anticipated in the six -year planning period include approximately $3.5 million in improvements. These projects, and their associated funding sources, are shown in the Six -Year Capital Improvement Program for Whatcom County Facilities. It is anticipated that approximately $326,000 would be spent annually on various trail projects throughout the 7 to 20 year planning period. These costs would be paid from REET and grant funds. The County will also monitor the adequacy of County trail facilities throughout the planning period and consider other capital improvements and maintenance projects if warranted in the future. Activity Centers Activity Center projects anticipated in the six -year planning period include approximately $125,000 in improvements. These projects, and their associated funding sources, are shown in the Six ,Year Capital Improvement Program for Whatcom County Facilities. It is anticipated that approximately $23,000 would be spent annually on various activity center projects throughout the 7 to 20 year planning period. These costs would be paid from REET and grant funds. The County will also monitor the adequacy of activity centers throughout the planning period and consider other capital improvements and maintenance projects if warranted in the future. 6 Regional Parks Districts There are three regional park districts that include land area in unincorporated Whatcom County: • Point Roberts Park & Recreation District 1; • Blaine -Birch Bay Park & Recreation District 2; and • Lynden Regional Parks & Recreation District 3. Point Roberts Park & Recreation District 1 The Point Roberts Park and Recreation District does not have a capital facilities plan or master plan. However, the voters of the District approved a proposition on November 5, 2013 for Community Center Capital Improvements General Obligation Bonds in the amount of $250,000. This proposition authorized the District to replace the roof and HVAC systems of the community center, improve drainage on the site, and make other capital improvements to maintain and improve the safety and structural soundness of the center. The proposition authorized the District to issue $250,000 of general obligation bonds maturing within a maximum 10 years and to levy property taxes annually, in addition to regular tax levies, to repay the bonds. Blaine -Birch Bay Park & Recreation District 2 The Blaine -Birch Bay Park & Recreation District 2 Master Plan Document was adopted by the Blaine -Birch Bay Park and Recreation District 2 Commissioners on February 9, 2016 (Resolution # 2016-1). The Master Plan states: ... The Blaine -Birch Park and Recreation District 2 (Formerly Northwest Park and Recreation District 2) has been in existence since 1979. From the time of the original inception of the District, the area has gone through significant change and growth. New homes, businesses and residents have come to the area over the past twenty years. Residents with a wide range of ages and interests now live in the District. Park, recreation and trail needs are becoming very important to the livability of the region... (p. 18). The Master Plan contains a facility inventory identifying park and recreation facilities within the District (pp. 24-34), recommended LOS standards (pp. 20-21), funding options and methods (p. 35), and a six -year capital improvement program that includes $1.5 million in trail connection improvement projects in 2016-2017 (pp. 36-37). The voters of the District approved a proposition on November 5, 2013 to assess a regular property tax levy for a four year period (2014-17) of $0.10 per $1,000.00 of assessed valuation to fund staffing, operations, maintenance, and capital improvements to improve recreation and leisure time activities and opportunities for people of all ages in the greater Blaine -Birch Bay area. 645 Lynden Regional Parks and Recreation District 3 The Lynden Regional Parks and Recreation District is currently in the process of updating their master plan. The voters of the District did not approve a proposition on November 6, 2012 that would have authorized the District to purchase an indoor recreation facility, to issue $9,500,000 of general obligation bonds maturing within a maximum term of 30 years to finance acquisition of such facility, and to levy property taxes annually in excess of regular property tax levies to repay such bonds. 8 M Chapter 3 — Maintenance & Operations Inventory of Current Facilities The 2016 inventory of County maintenance and operations/facilities management space is 44,411 square feet located at 901 W. Smith Rd. (the Central Shop), 316 Lottie St. and 2030 Division Street, as shown in more detail in the Six -Year Capital Improvement Program for Whatcom County Facilities. Future Needs Chapter 4 of the Whatcom County Comprehensive Plan does not contain LOS standards for maintenance and operations facilities. Rather, it contains goals and policies supportive of providing adequate County facilities. Capital Projects and Funding The following capital improvement projects are anticipated in the six -year planning period: A new vactor truck garage and the Central Shop exhaust system. These improvements will cost approximately $400,000, which will be paid with the funding sources shown in the Six -Year Capital Improvement Program for Whatcom County Facilities. There are no capital improvement projects currently identified that would add maintenance and operations space within the 7 to 20 year planning period. However, the County will monitor the adequacy of maintenance and operation facilities throughout the planning period and consider capital improvements if warranted in the future. Maintenance projects will be undertaken as needed. 9 loom Chapter / — General Government Buildinas and Sites i Inventory of Current Facilities The 2016 inventory of County general government office buildings and sites is 306,691 square feet at eight locations, as shown in more detail in the Six -Year Capital Improvement Program for Whatcom County Facilities. Future Needs Chapter 4 of the Whatcom County Comprehensive Plan does not contain LOS standards for maintenance and operations facilities. Rather, it contains goals and policies supportive of providing adequate County facilities. Specifically, Comprehensive Plan Policy 4A-1 is to "Plan appropriate county facilities commensurate with the ability of the county to fund them." Capital Projects and Funding Capital improvement projects anticipated in the six -year planning period include improvements to the Whatcom County Courthouse (311 Grand Ave.), 509 Girard St., 1500 N. State St., the Civic Center (322 North Commercial), Northwest Annex (5280 Northwest Dr.) and multiple other locations. Additionally, a new mental health triage center is planned. These improvements will cost approximately $23.2 million, which will be paid with the funding sources shown in the Six - Year Capital Improvement Program for Whatcom County Facilities. Capital improvement projects in the 7 to 20 year planning period include a $34 million dollar Courthouse exterior project, which would be paid with bond proceeds that would be repaid from the General Fund, Real Estate Excise Tax (REET I) and/or Economic Development Initiative (EDI) program funds. Additionally, approximately $700,000 to $1,000,000 would be spent annually on various general maintenance projects. These costs would be paid from REET I and/or EDI funds. The County will also monitor the adequacy of County buildings throughout the planning period and consider capital improvements and maintenance projects if warranted in the future. 10 M Chapter 5 — Sheriff's Office Inventory of Current Facilities The 2016 inventory of Sheriff s Office space is 23,326 square feet at six locations, as shown in more detail in the Six -Year Capital Improvement Program for Whatcom County Facilities. Future Needs Chapter 4 of the Whatcom County Comprehensive Plan does not contain LOS standards for Sheriff's Office space. Rather, it contains goals and policies supportive of providing adequate Sheriff's Office facilities. Specifically, Comprehensive Plan Policy 413-2 is to: Maintain Sheriffs Office adult corrections facilities and headquarters to provide a safe environment for the community, staff and inmates... Existing facilities may be expanded or new facilities developed in response to increasing need. Most Sheriffs Office functions are currently based in the Public Safety Building adjacent to the Courthouse and are remote from the majority of Sheriffs Office Bureau of Law Enforcement and Investigative Services functions that take place in unincorporated Whatcom County. This results in inefficiencies and delays. Space and design factors in current facilities preclude consolidating various functions performed throughout the agency (reception, finance, etc.) and result in redundancies. Because of these issues, existing Sheriffs Office facilities and associated functions will be consolidated (except for "Resident Deputy" program facilities), and co -located on the site of the proposed new jail. Capital Projects and Funding A new Sheriff's Headquarters facility, co -located with the proposed new jail on LaBounty Rd. in Ferndale, is proposed within the six -year planning period. The Sheriff's Headquarters facility would cost approximately $19 million, paid with bond proceeds that would be repaid from the General Fund. There are no capital improvement projects currently identified that would add Sheriff's Office space within the 7 to 20 year planning period. However, the County will monitor the adequacy of Sheriff's Office facilities throughout the planning period and consider capital improvements if warranted in the future. Maintenance projects will be undertaken as needed. �� • Chapter 6 — Emergency Management Inventory of Current Facilities The 2016 inventory of Sheriff's Office, Division of Emergency Management space is 24,000 square feet, located at the Whatcom Unified Emergency Coordination Center (WUECC). Rented by and shared between both Whatcom County and the City of Bellingham, the WUECC is comprised of 2,000 square feet of office space and an additional 22,000 square feet of support facilities (used for meetings, training, exercises, and during emergencies). The WUECC serves as the Emergency Operations Center for both the County and the City. Future Needs Chapter 4 of the Whatcom County Comprehensive Plan does not contain LOS standards for emergency management space. Rather, it contains goals and policies supportive of providing adequate emergency management facilities. Specifically, Comprehensive Plan Policy 4D-4 is to: Maintain adequate facilities for daily emergency management activities and, during an emergency or disaster, for the emergency operations center. The facilities will provide sufficient space for activities relating to emergency/disaster planning, mitigation, response and recovery. Existing facilities may be expanded or new facilities developed in response to increasing need. Capital Projects and Funding There are no capital improvement projects currently identified that would add usable emergency management space within the 20 year planning period. However, the County will monitor the adequacy of emergency management facilities throughout the planning period and consider capital improvements if warranted in the future. Maintenance projects will be undertaken as needed. 12 650 Inventory of Current Facilities The County's Main Jail was designed for 148 beds, although it currently has 283 beds due to double bunking, internal remodeling and use of temporary beds. Additionally, the jail is currently not in compliance with the Building/Fire Codes for double bunking, although a plan has been approved to bring it into compliance. Whatcom County completed construction of a 150 bed minimum security correction facility on Division St. in 2006. The Main Jail is located in the Public Safety Building next to the County Courthouse in downtown Bellingham and the Minimum Security Correction Facility is located in the Bakerview Rd. industrial area. Future Needs Chapter 4 of the Whatcom County Comprehensive Plan does not contain LOS standards for adult corrections facilities. Rather, it contains goals and policies supportive of providing adequate corrections facilities. Specifically, Comprehensive Plan Policy 413-2 is to: Maintain Sheriff's Office adult corrections facilities and headquarters to provide a safe environment for the community, staff and inmates. The number of jail beds in adult corrections facilities will be determined after review of multiple factors, including projected population growth, State sentencing laws, alternative programs, treatment diversion programs, early release programs, the need to separate violent inmates, the need to separate inmates by gender, the need to separate inmates by other classification considerations, average length of stay, peak inmate populations and available funding. Existing facilities may be expanded or new facilities developed in response to increasing need. There are serious concerns among law and justice officials relating to jail facility needs in the community. This need has been documented by recommendations from the Whatcom County Law and Justice Plan Phase II Report (June 2000), in a report entitled Operational Review of the Whatcom County, Washington Jail (March 2004), in the Whatcom County Jail Planning Task Force Recommendations (Dec. 2011 and March 2012), and in the Whatcom County Adult Corrections Facilities & Sheriff's Headquarters Pre -Design Report (Sept. 2013). Capital Projects and Funding In an effort to meet the community need, the County plans to construct a new Adult Corrections Facility on LaBounty Rd. in Ferndale, tentatively scheduled to open with 521 beds within the six - year planning period. At the time this new jail is opened, the offenders at the minimum -security 13 651 corrections facility would be relocated to the new facility. The cost of the proposed new jail is approximately $112,000,000, which would be paid with bond proceeds that would be repaid with new sales tax. As an interim measure, existing correction facility improvements are planned so that these buildings can continue to function until the new jail is completed. The cost of the improvements to the existing jail facilities is approximately $3,000,000, which would be paid from the Jail Improvement Fund and the General Fund. There are no capital improvement projects currently identified that would add jail facilities within the 7 to 20 year planning period. However, the County will monitor the adequacy of jail facilities throughout the planning period and consider capital improvements if warranted in the future. Maintenance projects will be undertaken as needed. 652 3 Inventory of Current Facilities The 2016 inventory of County juvenile detention facilities includes 32 beds serving the county- wide population. The juvenile detention facility is located on the sixth floor of the County Courthouse at 311 Grand Avenue. Future Needs Chapter 4 of the Whatcom County Comprehensive Plan does not contain LOS standards for juvenile detention. Rather, it contains goals and policies supportive of providing adequate juvenile facilities. Specifically, Comprehensive Plan Policy 4D-3 is to: Maintain juvenile detention facilities and alternative corrections programs to provide safe and secure methods to provide accountability and support for minors who break the law. Existing facilities may be expanded or new facilities developed in response to increasing need. Capital Projects and Funding There are no capital improvement projects currently identified that would add juvenile detention space within the 20 year planning period. However, the County will monitor the adequacy of juvenile detention facilities and alternative correction methods throughout the planning period and consider capital improvements if warranted in the future. Maintenance projects will be undertaken as needed. 15 DW OverviewChapter 9 — Transportatiol Transportation (countywide) Whatcom County's roadway network is principally made up of County roads as well as state highways, such as I-5 and SR-9, which provide intercity and interstate connections. In addition to the roadway network, Whatcom County also operates a daily ferry service between Gooseberry Point and Lummi Island. Inventory of Current Facilities The 2014 inventory of County transportation facilities shows a total of 939 miles of County roads (approximately 358 miles are classified as an arterial or collector roadways). Table 9-1 shows the existing miles of countywide arterial roadways by federal functional classification. Table 9-1. Inventory of County Roadways by Functional Classification Functional Classification Total Miles of Roadway (centerline miles) Percent of Total Rural Major Collector 134.1 14% Rural Minor Collector 154.2 16% Rural Local Access 455.8 49% Urban Principal Arterial 0.3 0% Urban Minor Arterial 25.5 3% Urban Collector 37.8 4% Urban Minor Collector 6.4 1% Urban Local Access 125.5 13% Subtotal 939.5 100% Source: Whatcom County Public Works Road Log, (Dec. 31, 2014) In addition to the roadway network discussed above, the County owns one ferry vessel which it uses to provide its Lummi Island ferry service. I 654 Future Needs County LOS Standards The Whatcom County Comprehensive Plan's Chapter Six establishes LOS standards for transportation facilities. Motor vehicle LOS for roadway segments is based on a volume/capacity (V/C) ratio, the estimated peak -hour volume of a roadway segment divided by the estimated hourly capacity of that segment, as categorized in Table 9-2. Table 9-2. Level of Service Designations by Volume/Capacity LOS Designation V/C Range A 0-0.59 C 0.70-0.79 D 0.80-0.89 E 0.90-0.99 F > 1.00 Whatcom County's adopted transportation LOS standards for roadway segments are set in Comprehensive Plan Policies 6A-1 through 6A-4. For county arterials and major collectors located outside of urban growth areas during weekday p.m. -peak hours, the adopted LOS is C or better, except for specified primary routes as shown on Map 6-2, which have a LOS of D or better. The LOS standard for county arterials and major collectors within urban growth areas during weekday p.m. peak hours is D or better. LOS Analysis The Transportation LOS analysis is taken from an analysis prepared for the Final EIS Whatcom County 2016 Comprehensive Plan and Development Regulations Update and Urban Growth Areas Review (November 2015). Using the Whatcom Council of Governments regional model, the projected population and employment growth was used to estimate the number of trips that will be generated in 2036. These trips were then distributed among transportation analysis zones and assigned to the street network. The result is a model of projected future traffic conditions based on the land use assumptions for each of the studied alternatives. The future transportation network reflects future improvement projects for which funding has been committed. 17 655 After the future 2036 traffic volume on each analysis road segment was projected, it was divided by the road's capacity to calculate the volume to capacity (V/C) ratio. For any segments on which projected V/C would exceed the adopted LOS standard for that road a potential adverse impact was identified, and mitigation identified that would lower V/C to a level within adopted standards. Table 9-3 lists the county roads with projected 2036 V/C ratios that exceed LOS standards under the Final EIS preferred alternative. A total of 1.64 miles of County roadways are projected to be deficient, or about 0.5% of the total 358 miles of County arterial and collector roads. Table 9-3. Roadways with Deficient Segments by 2036 Analysis Length LOS Standard Projected ID Road Name Location (mi.) V/C 2036 LOS VIC 162 Hannegan Rd 243 Lakeway Dr Van Wyck Rd to Kelly Rd Bellingham City Limits to Lowe Ave 1.01 0.9 (LOS D) 0.93 (LOS E) 0.42 0.9 (LOS D) 1.10 (LOS F) 244 Lakeway Dr Lowe Ave to Terrace Ave 0.21 0.9 (LOS D) 0.97 (LOS E) Total Deficient Roadway Segments 1.64 Source: Final EIS Whatcom County 2016 Comprehensive Plan and Development Regulations Update and Urban Growth Areas Review (November 2015) Tables 3.9-1 and 3.9-2 Capital Projects and Funding Table 9-4 identifies the roadway locations that have been identified for improvement over the next 20 years, with planning -level cost estimates. Based on this list and a review of current safety and system preservation needs, the County annually prepares and adopts a Six -Year Transportation Improvement Program (TIP), which programs the implementation of needed improvements over the next six years. Funding sources for transportation improvement projects are identified in Chapter 16. Projects to increase capacity on roadway segments that are projected to fall below adopted LOS (listed in Table 9-3) are included in the 20-year plan. If sufficient capacity cannot be achieved through these projects, or funding is insufficient to implement the needed capacity increase, the County can consider adjusting the adopted LOS. Only a few new roadway alignments are included among the 20-year projects: Lincoln Road between Shintaffer Road and Blaine Road, Horton Road between Northwest Drive and Aldrich Road, and Slater Road between Northwest Drive and Hannegan. 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WTA provides fixed -route bus service in Bellingham and throughout Whatcom County. Complementary paratransit service is offered in conjunction with broader senior and disabled service under the Specialized Transportation program. WTA also offers vanpool leasing, ride matching and commuter van service from selected markets. Inventory of Current Facilities The WTA operates 30 fixed routes with 59 transit coaches (primarily 35- and 40-foot Gillig buses). Paratransit service is provided by 34 mini -buses with a capacity to carry 16 passengers each. WTA owns and manages a fleet of 39 vans for its two commuter van services. Table 9-5 below summarizes the park & ride facilities that WTA serves along with routes that serve them. Table 9-5. Whatcom Transportation Authority Park & Ride Facilities Park & Ride Location Served by Routes Number of Parking Stalls Cordata Station 4170 Cordata Parkway 3,4,15,24,25X,26,27 70 48,55,71 X,232,331 Chuckanut 999 N. Burlington Rd. 80X 369 Alger Lake Samish Rd. 80X 54 Ferndale Station 1671 Main Street 27, 70X, 55 131 South Bellingham East 1-5 and Old Fairhaven Parkway (Exit 250 105 29 East side) South Bellingham 1-5 and Old Fairhaven Parkway (Exit 250 105 24 West West side) Lynden Station 1945 Front Street 26, 25X 89 Northwest Avenue East of Northwest on McLeod Rd. 232 (Not listed) Birch Bay Square 8115 Birch Bay Square St. 70X, 55 10 Blaine Library 3rd and G Street 70X, 55 10 Lincoln Creek Lincoln Street, north of 1-5 on -ramp 80X, 90A&B, 190 530 Fairhaven Park & Ride Harris and 4th (Not listed) 237 Blaine Library 3`tl and G Street (Not listed) 10 Source: Whatcom Transportation Authority website (accessed February 6, 2009), and WSDOT Choices website http://www.wsdot.wa.gov/Choices/ParkRide.cfm#Whatcom; accessed on March 4, 2009. 23 C:1:1 Future Needs Public transit providers typically provide LOS standards difficult to relate to capital facility needs with respect to changes in population over time. For example, Whatcom Transportation Authority (WTA) provides one capital facility standard of a shelter at each transit stop that has 25 boardings or more (WTA Strategic Plan, page 2-43, September 2004). Capital Projects and Funding Capital Project Funding According to WSDOT's 2014 Summary of Public Transportation, WTA is expected to receive $2.8 million annually from 2016-2021 from Federal Section 5307 Grants. These are the only funds reserved for capital, as other revenue sources such as fare box revenues and sales tax may also be used for operating expenses. Capital Projects The WTA breaks down capital outlays under categories that include Vehicles, Public Facilities, Strategic Partnerships, Street Side Improvements, and Technology Projects. The WTA's 2016-2021 approved Transportation Improvement Program identified the following projects that will occur during the County CFP planning period. Table 9-6. Transit Capital Projects Project 2016 2017 2018 2019 2020 2021 2022- Total Costs/Revenue 2041 (thousands $) Vehicle Purchases Cost 1 6,290 1 477 1 7,259 1 5,461 1 4,035 1 4,166 1 1 27,688 Technology Projects Cost 4,150 4,150 Facilities Improvements Cost 1 1,850 1 100 1 1 1 1 1 1 1,950 Source: WTA 2016-2021 Approved Transportation Improvement Program. «� Inventory of Current Facilities The Public Works Department is responsible for design, engineering, and construction of county - owned Stormwater facilities. Many stormwater facilities are road -related stormwater conveyance systems such as culverts and ditches on and adjacent to county roads. Others are off right-of-way facilities that control storm flows and improve water quality. In response to increasing federal and state mandates to manage stormwater and the public's desire to improve stewardship of sensitive watersheds, Whatcom County established a Stormwater group in the Surface Water Division of the Public Works Department in 2005. The Stormwater group is responsible for planning, designing, engineering, and construction of stormwater facilities. Inventories of existing stormwater facilities are maintained by the Public Works Department. The Engineering Services Division maintains an inventory of all road -related facilities. The Stormwater group maintains an inventory of public and private stormwater facilities in the area covered by the County's NPDES Phase II permit for Municipal Separate Storm Sewer Systems. This inventory includes ditches, culverts, catch basins, vaults, ponds, and swales. Completed stormwater construction projects since the Public Works-Stormwater group was created in 2005 are listed below. Table 10.1 Completed Stormwater Projects 1 Lake Whatcom Geneva Stormwater Retrofits 2006 2 Lake Whatcom Cable Street Reconstruction & Stormw ater Improvements 2007 3 Lake Whatcom Lahti Drive Stormw ater Improvements 2010 4 Lake Whatcom Silver Beach Creek Improvements - Brownsville Drive to E 16th Place 2011 5 Lake Whatcom Silver Beach Creek Improvements - West Tributary 2012 6 Lake Whatcom Coronado -Fremont Storrrw ater Improvements 2014 Future Needs An increasing emphasis on the protection of sensitive watersheds has resulted in the adoption of comprehensive stormwater plans, including plans for Lake Whatcom and Birch Bay. The adopted plans identify work towards planning, design, engineering, and construction of capital projects intended to address stormwater issues. In addition, the County has adopted a Stormwater Management Program in accordance with the NPDES Phase II permit. This program applies to about 15,000 acres of unincorporated lands including the Birch Bay UGA, Ferndale UGA, Bellingham UGA and other lands along the south shore of Lake Whatcom. Goals of the Stormwater Management Program include detecting and eliminating illicit discharges to surface waters, controlling runoff from new development, redevelopment, and new construction, pollution prevention and operation and maintenance for C:0:19? municipal operations, educating the public, monitoring stormwater monitoring, and collecting and reporting data on the Program. Capital Projects and Funding Stormwater improvement projects anticipated in the six -year planning period include the following: • Lake Whatcom Watershed — Water quality improvements, drainage system upgrades, outfall retrofits, channel restoration, and stormwater improvements. • Birch Bay Watershed - Drainage improvements and an inlet upgrade. These improvements will cost a total of approximately $7.2 million, which will be paid with the funding sources shown in the Six -Year Capital Improvement Program for Whatcom County Facilities. It is anticipated that approximately $1.4 million will be spent annually on various stormwater improvement projects in the 7 to 20 year planning period. These costs would be paid from the Flood Fund, BEET, state grants and Birch Bay Watershed and Aquatic Resource Management (BBWARM) District funds. The County will also monitor the adequacy of County stormwater facilities throughout the planning period and consider additional capital improvements and/or maintenance projects if warranted in the future. M i 76:1M lip Water Systems Planning relating to public water systems is carried out in the Whatcom County Coordinated Water System Plan (CWSP), individual water system plans, and this Capital Facilities Plan. An introduction to the CWSP is presented below. For purposes of this Capital Facilities Plan, water systems are divided into major systems that serve urban growth areas (urban water systems) and other systems that have 50 or more connections. This chapter addresses urban water systems, including information summarized from the individual water system plans. Information about other systems with 50 or more connections is included in the Coordinated Water System Plan. Coordinated Water System Plan The draft CWSP (2016) is a plan for public water systems that identifies the present and future needs of the systems and sets forth means of meeting those needs in the most efficient manner possible. The Whatcom County Council established the planning area, called the Critical Water Supply Service Area (CWSSA), for the original CWSP effort in 1993, and retained the same area for the 2000 CWSP update and the 2016 CWSP update. The CWSSA includes all of Whatcom County west of the Mount Baker-Snoqualmie National Forest Boundary excluding certain portions of the Lummi and Nooksack Indian reservations. The draft CWSP was prepared under the direction of the Water Utility Coordinating Committee (WUCC). The WUCC included representatives of individual water utilities located in the CWSSA with more than 50 connections that chose to participate, as well as representatives of the Washington State Department of Health, Whatcom County Health Department, Whatcom County Planning & Development Services, Whatcom County Public Works, and the Whatcom County Council. The CWSP review was conducted with the primary objective of supporting the public drinking water supply needs of the County and achieving coordination between water services, the Growth Management Act, and the Whatcom County Comprehensive Plan. The CWSP addresses a number of topics, including population, water demand, existing water systems, water utility service areas, minimum design standards, utility service review procedures, receivership of failing systems, issues with potential implications for public water systems, and plan implementation. The draft CWSP contains a water rights capacity analysis to compare water system's existing water rights, and/or existing intertie agreements, against current and anticipated future demands in an effort to determine whether systems are projected to meet their future requirements, have surplus water, or have insufficient future water rights. Based on the results of the water rights analysis (which take into account existing intertie agreements), the existing and projected population, and the historic and projected water demand, a water rights status for each Group A community public water system is assigned. Analyses prepared in the individual water system plans will be more accurate and should be utilized if available (draft CWSP, p. 3-5 and Appendix 1). 27 C�0 Urban Water Systems Inventory of Current Facilities This section of the Capital Facilities Plan inventories the 14 primary water systems that provide water service to Whatcom County's UGAs. The table below provides information relating to existing connections, water rights, contracts for water, supply, storage and water sources. Table 11.1 Water Supply Inventory by Service Provider Service Provider Connections Existing Approved Water Rights Annual Instantaneous Contracted Water Instant- Annual anteous Available Supply Annual Instantaneous Storage Capacity m Primary Water Source Birch Bay Water and Sewer District (1) 5,184 unspecified Allocated to Blaine Supply 2.35 3.73 2.35 3.73 3.13 City of Blaine City of Bellingham 25,011 unspecified 162.82 162.87 (2.30) (2.30) 160.52 160.57 25.27 Lake Whatcom City of Blaine (2) 2,465 unspecified 5.41 7.78 (3.78) (3.82) 1.63 3.96 4.59 Wells City of Everson 733 unspecified 0.54 1.15 0.54 1.15 0.48 Wells City of Ferndale 5,498 unspecified 1.91 4.22 1.91 4.22 2.95 Wells City of Lynden (3) 5,070 unspecified 5.83 13.92 5.83 13.92 8.47 Nooksack River City of Nooksack 523 unspecified 0.00 0.00 0.18 0.34 0.18 0.34 0.7 City of Sumas City of Sumas 500 unspecified 3.34 5.63 (2.74) (4.32) 0.60 1.31 1Wells Columbia Valley Water District 1,564 unspecified 0.38 0.58 0.38 0.58 0.76 Wells Lake Whatcom Waterand Sewer District 3,916 4,076 2.05 2.80 2.05 2.80 2.56 Lake Whatcom PUD1 N/A N/A 38.87 53*64 0.00 0.00 38.87 53.64 0.05 Nooksack River Water District 2(4) 566 unspecified 0.00 0.00 1.58 1.58 1.58 1.58 N/A City of Bellingham Water District? 665 1,145 0.00 0.00 0.72 0.72 0.72 0.72 0.39City of Bellingham Water District 13 366 1,33 0.41 1.30 0.41 1.30 0.30 Wells Source: Draft EIS Whatcom County 2016 Comprehensive Plan and Development Regulations Update and Urban Growth Area Review (March 2015, p. 4-227), City of'Bellingliam Water System Plan (June 2009), Second Amendment to Agreement to Supply Water between Nooksack and Sumas (August 2009), Lake Whatcom Water and Sewer District e-mail of April 28, 2016, Lake Whatcom Water and Sewer District Water System Comprehensive Plan (October 2010), the Washington Department of Health Office of Drinking Water Sentry Internet Home page (accessed April and May 2016), Rodney Langer (CHS Engineers) e-mail of May 3, 2016, City of Lynden e- mail of May 10, 2016, City of Ferndale e-mail of May 16, 2016, and City of Blaine e-mail of May 16, 2016. Notes: • All water quantity metrics expressed in millions of gallons per day (mgd), except storage capacity which is million gallons (mg). • Available supply is the sum of water rights and contracts. It represents the total supply available to serve a provider's own customers. • Contracted water numbers in parentheses indicate contracts to provide water to other systems. Such contracts are subtracted from the provider's water rights to calculate available supply. • This table does not provide a full accounting of all contracts to provide water to other systems. Rather it notes all contracts discovered when analyzing available water supply for these larger providers. 1. BBWSD has two water rights which are shared in a single system with City of Blaine. Therefore these rights are counted under City of Blaine's water rights and available supply. 2. See note #1 regarding BBWSD water rights. 3. Water rights in this table are based on City of Lynden's interpretation which differs from the Department of Ecology's interpretation. 4. The City of Bellingham provides both water and storage capacity to Water District 2. 28 Future Needs Water system plans provide a design standard, generally expressed as water consumption in gallons/day per equivalent residential unit (ERU). When applying this standard to growth projections, and comparing to the water source capacity, a water system provider can obtain a sense for how planned growth will affect water service into the future. Water service providers prepare water system plans including a program of capital improvements that address the system's anticipated needs within their designated water service area, consistent with local land use plans. The table below identifies the purveyor's design standards. Table 11.2 Design Standards Service Provider Design Standards Birch Bay Water and Sewer District 116-135 gallons/day per ERU City of Bellingham 199 gallons/day per ERU City of Blaine 165 gallons/day per ERU City of Everson 250 gallons/day per ERU City of Ferndale 175 gallons/day per ERU City of Lynden 216 gallons/day per ERU City of Nooksack 175 gallons/day per ERU City of Sumas 282 gallons/day per ERU Columbia Valley Water District 215 gallons/day per ERU Lake Whatcom Water and Sewer District 150-250 gallons/day per ERU PUD No. 1 N/A' Water District 2 170 gallons/day per ERU Water District 7 214 gallons/day per ERU Water District 13 239 gallons/day per ERU 1 PUD No. 1 serves industrial and commercial properties. Population The table below provides an overview of the planning horizon year and horizon year population for s the latest water system plans in comparison to Whatcom County Comprehensive Plan's population projections for the year 2036. As can be seen by a review of the table, most urban water systems plan conservatively for drinking water needs, particularly given the time it takes to seek new water supplies to serve growth. 667 Table 11.3 Population Comparison: Water Plans and 2036 Population Projection Service Provider Horizon year of Capital Plan Population County's 2036 Capital Plan Population Projection Birch Bay Water/ Sewer 2036 14,565 14,414 City of Bellingham 2032 122,6721 123,710 City of Blaine 2036 10,5002 9,585 City of Everson 2036 4,046 3,907 City of Ferndale 2036 20,072 19,591 City of Lynden 2036 19,575 19,275 City of Nooksack 2036 2,425 2,425 City of Sumas3 2036 2,323 2,323 Columbia Valley Water 2030 N/A 4 2,886 District PUD 1 N/A 5 N/A5 N/A5 Lake Whatcom Water and 2027 10,8556 12,204 Sewer District W.C. Water District 2 2029 1,9057 1,533 W.C. Water District 7 2027 2,123" 2,118 W.C. Water District 13 2031 1,170' 1,786 N/A = Not Available 1 The City of Bellingham Water System Plan (June 2009) contains a population projection of 122,672 for the year 2028.The City of Bellingham Water System Plan Update (October 2013) extends the horizon year to 2032, but does not include an updated population projection. 2 Projected service area population per draft City 2016 Comprehensive Water System Plan. 3 Information regarding the Sumas water system is from the Draft Capital Facilities Element of the Sumas Comprehensive Plan (April 2016). 4 The Columbia Valley Water District 2013 Water System Plan Update does not include a specific 20-year population projection. However, the Water System Plan projects that it will serve 1,242 equivalent residential units (ERUs) in 2030 (pp. 36 and 37). 5 Since PUD1 provides retail water service only to areas characterized by and designated for industrial and commercial uses, the district's 2004 WSP does not provide population projections or a horizon year. PUD 1 also owns and operates the Grandview potable water supply system — retail. 6 The Lake Whatcom Water and Sewer District Water System Comprehensive Plan anticipates 4,125 ERUs in 2027 (Appendix A, Exhibit 2), which equates to a population of about 10,855 using average household sizes described in the Water System Comprehensive Plan (p. 17). 7 Water District 2 projects future connections rather than population. The district plans to serve 797 connections by 2029. Applying the Bellingham average household size of 2.49 and occupancy rate of 96% results in approximately 1,905 people served by the 797 connections in 2029. 8 Water District 7 projects future connections rather than population. The district plans to serve 888 connections by 2027. Applying the Bellingham average household size of 2.49 and occupancy rate of 96% results in approximately 2,123 people served by the 888 connections in 2027. However, Water District 7 is approved to serve up to 1,145 residential service connections (State Department of Health letter from Richard Rodriguez and John Thielemann to James Trowbridge dated January 5, 2009). Therefore the District could serve a population of about 2,700, which is greater than the projected population of the District in 2036. 9 Water District 13 could potentially serve a total of 1,338 residential connections (Whatcom County Water District # 13 Small Water System Plan, p. 14). 30 668 Capital Projects and Funding Water services and capital improvements are funded primarily by the users of the system through water rates and general facilities charges. Water rates can be adjusted to match the funding required for capital and operational needs. Connection fees are usually charged to developers when a development necessitates expansion of the district's capacity. There are also governmental funding programs. These include the Public Works Trust Fund, a revolving loan fund designed to help local entities through low -interest loans, and the Drinking Water State Revolving Fund, which involves low -interest federally funded loans. Birch Bay Water and Sewer District The Birch Bay Water and Sewer District provides service within and adjacent to the Birch Bay Urban Growth Area. The District obtains its water supply from the City of Blaine (well field). The District's facilities include over 3.1 million gallons of storage in three reservoirs, four booster pump stations and nearly 80 miles of water transmission and distribution piping. The system includes multiple interties with the City of Blaine system and an emergency intertie with the Bell Bay Jackson Water Association system. The District's Comprehensive Water System Plan (2009) and Comprehensive Water System Plan Amendment No. 1 (2010) indicate that existing water supply is sufficient through 2030 at the forecast demand (page ES-3, as amended). The District's plan states that additional water supply, including use of surplus storage, and/or conservation will be necessary to meet the demand beyond that time. The District's 2009 Comprehensive Water Plan, as amended, includes several new supply and distribution projects expected to address supply deficiencies. Besides its residential and commercial customers, the District provides water supply to the BP Cherry Point Refinery. At the time of completion of the 2009 plan, the District provided this service through a wholesale agreement with PUD 1 (see below). The 2010 amendment to the plan was developed based on an amendment to the City of Blaine water supply contract confirming additional supply, and confirming retail water supply to the Refinery by the District. The District's draft 2016 Comprehensive Water Plan is based on service to 14,565 persons by year 2036. The draft plan update is based on an annual water demand increasingly from 116 gpd/ERU in 2015 to 135 gpd/ERU in 2036 as seasonal homes transition into full time residences. With service to the forecast population and service to district commercial and other non-residential customers, the year 2036 maximum day demand is forecast to be 3.58 million gallons per day. The District has a contract with the City of Blaine to provide a maximum supply of 3.73 million gallons per day in 2036. Birch Bay's Comprehensive Water Plan indicates that it will extend future service areas to areas within the district boundaries and provides future connection policies. 39 ••O City of Bellingham The City of Bellingham Water System Plan (June 2009) and the City of Bellingham Water System Plan Update (October 2013) indicate that the City maintains a water system consisting an intake from Lake Whatcom, water treatment plant, pump stations, 13 water reservoirs with over 25 million gallons of storage capacity, and almost 400 miles of water lines (2009 Water System Plan, pp. 3-3, 3-5, 3-7, 3-19, 3-21, and 3-32). The Bellingham water system has interties with Water District 2, Water District 7, the Lake Whatcom Water and Sewer District, and five other systems (2009 Water System Plan, p. 1-8). The projected average daily demand for the water system is 12.2 million gallons per day in 2032 and the projected maximum daily demand is 20 million gallons per day in 2032 (2013 Water System Plan Update, p. 2-4). The City of Bellingham has adequate water rights to meet projected demand over the planning period (2013 Water System Plan Update, p. 2-5). The City of Bellingham Water System Plan Update contains a capital improvement program with approximately $50 million in capital projects (2016-2018). These projects include a dissolved air flotation pretreatment system, disinfection improvements, metering, water main replacements, property acquisitions in the Lake Whatcom Watershed, water quality projects in the Lake Whatcom Watershed, and Nooksack River dam and pipeline improvements (2013 Water System Plan Update, p. 5-3). Revenue sources for system improvements include water rates, grants, loans, utility local improvement districts, and revenue bonds (2009 Water System Plan, pp. ES-5 and 1-13). The City's financing program is adequate to cover planned capital improvements (2013 Water System Plan Update, p. 6-1 and 6-2). City of Blaine The City of Blaine is updating their Comprehensive Water System Plan and anticipates completion in mid-2016. The City of Blaine Comprehensive Water System Plan (2009) indicates that the City maintains a water system consisting of wells, a water treatment plant, booster pumps, five water reservoirs with a storage capacity of 4.59 million gallons, and approximately 95 miles of water lines up to 18 inches in diameter (City GIS data). The Blaine water system serves city residents and provides water, per terms of wholesale supply agreements, to both the Birch Bay Water and Sewer District and the Bell Bay Jackson Water Association. The City provides service throughout the current City Limits, with the exception of a few parcels that are presently served directly by the Birch Bay Water and Sewer District. The City also serves the Pipeline Road UGA, but service to the Shipyard UGA is by Birch Bay Water and Sewer District. The City also serves an area of unincorporated Whatcom County southeast of the City. This service area was declared in 2010 and is anticipated to remain unchanged as a result of the City's work on its 2016 Comprehensive Water System Plan. The projected average daily demand for the Blaine water system is approximately 2.7 million gallons per day in 2036 and the projected maximum daily demand is approximately 5.4 million gallons per day in 2036 (2016 Plan, work in progress). This preliminary forecast is significantly lower than as presented in the 2009 Comprehensive Water System Plan due to lower residential growth rate forecasts in the City's UGA, and lower water use per single family equivalent, in both the City and Birch Bay Water and Sewer District systems. The City of Blaine Comprehensive Water System Plan (2009) documents water rights in the form of a claim, permits and certificates in 32 670 the amount of 4.28 million gallons per day (instantaneous). Subsequent efforts have increased the City's water rights in the form of a claim, permits and certificates in the amount of 7.776 million gallons per day (instantaneous). Those efforts included securing a portion of the water rights held by Birch Bay Water and Sewer District, by amendment to the water supply agreement. The additional rights are reflected in Water Rights No. G1-26820, G1-28481, G1-26821 and G128046. Comparison of the year 2036 forecast demand to current water rights indicates that the city has adequate water supply to meet the needs of population growth over the 20 year period. The City of Blaine Comprehensive Water System Plan (2009) contains a capital improvement program with approximately $22 million in capital projects over the 20 year planning period (2009 - 2029). Several of those projects have been completed since 2009. The City of Blaine Comprehensive Water System Plan (2016 — work in progress) will include the remaining projects, subject to updated analysis in the context of the revised demand forecast. Some additional projects may be identified where opportunity or strategy arises to address a water system need more efficiently, or in phases, or to meet additional City objectives. Projects are identified and planned to maintain adequate capacity for all elements of the system, from supply through treatment, storage, transmission and distribution, as well as capital needs for operation and management of the system. Anticipated revenue sources for capital improvements include grants, loans, connection fees, water rates and developer constructed facility contracts (2009 Plan, p. 9-3). The City's financing plan has and will project adequate revenues to cover expenses over the 20-year planning period (2009 Plan, p. 9-1). City of Everson The City of Everson Water System Comprehensive Plan (2013) and the City of Everson Water System Comprehensive Plan Amendment No. 1 (2015) indicate that the City of Everson maintains a water system consisting of a well field with three wells, booster pumps, three 160,000 gallon water reservoirs, and over 13 miles of water lines (pp. 3 and 10-12). The Everson water system also has an intertie with the City of Nooksack Water System for use during maintenance or an emergency (pp. 3 and 17). The projected average daily demand for the water system is 483,500 gallons per day in 2036 and the projected maximum daily demand is 908,980 gallons per day in 2036 (p. 11). The City of Everson's water system has source capacity to meet the projected need over the 20-year planning period (pp. 10-11). The City of Everson Water System Comprehensive Plan Amendment No. 1 contains a capital improvement program with approximately $3.3 million in capital projects over the next 20 years (2016 - 2036). These projects include water line improvements, an additional deep well (to replace two existing shallow wells), water treatment facilities, and an additional 160,000 gallon storage reservoir (pp. 39-42). Anticipated revenue sources for system improvements include grants, loans, connection fees, water rates and developer constructed facility contracts (p. 43). The City's financing plan projects adequate revenues to cover expenses over the 20-year planning period (Appendix D). 33 671 City of Ferndale The Draft City of Ferndale Water System Plan (2016) indicates that the City maintains a water system consisting of wells, a water treatment plant, three water reservoirs with a storage capacity of almost three million gallons, two pump stations, one pressure booster station and 73 miles of water lines. In December 2011, Ferndale converted to a groundwater supply with greensand filtration for its drinking water. Previous to this, it purchased industrial grade water from PUD No.1 and treated the water at its own surface water treatment plant. In October 2014, Ferndale added a reverse osmosis system to treat its groundwater supply to reduce hardness. The City no longer purchases water from PUD No. 1. The Ferndale water system has interties for emergency use only with Mountain View Water Association, Northwest Water Association, Thornton Water Association and North Star Water Association (p. 2-18). The projected average daily demand for the Ferndale water system is 2.27 million gallons per day in 2036 and the projected maximum daily demand is 3.96 million gallons per day in 2036 (p. 2-15). The Draft City of Ferndale Water System Plan indicates that the city has adequate water rights to meet the needs of population growth over the 20 year period (p. 1-12). The Draft City of Ferndale Water System Plan contains a capital improvement program with approximately $20 million in capital projects over the next 20 years (2016 - 2036). These projects include water main upgrades and replacements, increasing well production and redundancy, and constructing additional storage (p. 3-16). Anticipated revenue sources for capital improvements include grants, loans, bonds, connection fees, water rates and developer constructed facility contracts. If applicable, the City may also utilize the utility local improvement district process (Ch. 9). The City has maintained budgetary controls over the water system. Rates and connection fees will continue to be set at levels required to finance operation, maintenance, and capital improvements (Ch. 9). City of Lynden The Draft City of Lynden Water System Plan (2016) indicates that the City of Lynden maintains a water system consisting of a Nooksack River water intake structure, water treatment plant, booster pumps, two water reservoirs with a storage capacity of approximately 8.47 million gallons, and 82 miles of water lines (Chapter 2). The City's new 8 million gallon per day Water Treatment Plant went online September 23, 2015. The new plant doubles treatment capacity includes grit removal and sedimentation basins equipped with plate settlers to handle the heavy sediment load from the Nooksack River. The facility also features high rate deep bed gravity filters, and a combination of UV disinfection and chlorine to disinfect the water. The Lynden water system provides wholesale water supply to two water association systems (Chapter 2). The projected average daily demand for the Lynden water system is 2.44 million gallons per day in 2036 and the projected maximum daily demand is 6.35 million gallons per day in 2036 (Chapter 4). The Draft City of Lynden Water System Plan indicates that the City has adequate water supply to meet the needs of population growth over the 20 year period (Chapter 7). However, the City of Lynden and Ecology have an existing dispute over the City water rights. The City has entered into a memorandum of agreement (MOA) with Ecology to address long-standing water right issues between the City and Ecology. Resolution of water supply issues for City of Lynden is important for future planning in the City's water service area. The Draft City of Lynden Water System Plan contains a capital improvement 34 672 program in Chapter 9 that will include a new reservoir and booster pump station, as well as various water main improvements to increase distribution capacity and replace aging infrastructure. Anticipated revenue sources for capital improvements include grants, loans, connection fees, water rates and developer constructed facility contracts as discussed in Chapter 10. The City's financing plan projects adequate revenues to cover expenses over the 20-year planning period (Chapter 10). City of Nooksack The City of Nooksack Water System Plan (2012) and the City of Nooksack Water System Plan Update (2016) indicate that the City of Nooksack obtains all its water from the City of Sumas (Water System Plan Update, p. 9). Nooksack maintains a water system consisting of booster pumps, water reservoirs shared with the Nooksack Valley Water Association with a capacity of 700,000 gallons (one-half of which is owned by Nooksack), and over 8 miles of water lines (Water System Plan, pp. 10 and 31). The Nooksack water system has interties with the Nooksack Valley Water Association and, for emergency purposes, with the Everson water system (Water System Plan, pp. 14 and 43). The projected average daily demand for the water system is 165,550 gallons per day in 2036 (derived from Water System Plan Update, Table D-2). The City of Nooksack's water system has capacity to meet the projected demand over the 20-year planning period (Water System Plan Update, Tables D-2 and D-3). The City ofNooksack Water System Plan Update contains a capital improvement program with over $1 million in capital projects over the next 20 years (2016 - 2036). These projects include water line, standpipe and hydrant improvements (Water System Plan Update, p. 12). Anticipated revenue sources include water rates, connection fees, utility taxes, interest, reserves, grants, and loans. The City's financing plan projects adequate revenues to cover expenses over the six -year planning period (Water System Plan Update, pp. 13- 15). City of Sumas The City of Sumas Water System Comprehensive Plan (2011 Revision) indicates that the City of Sumas maintains a water system consisting of two well fields with seven wells, booster pumps, a 500,000 gallon water reservoir (which is directly adjacent to, and tied into, a 500,000 gallon water association reservoir), and almost 18 miles of water lines (pp. 1-5 and 3-21). The City of Sumas sells water wholesale to the Sumas Rural Water Association, the Nooksack Valley Water Association, and the City of Nooksack (p. 1-15). In addition, the draft Capital Facilities Element of the Sumas Comprehensive Plan (April 2016) indicates that, based on a 2015 water supply agreement, Sumas also sells water wholesale to the Meadowbrook Water Association (p. 4-5). As presented in the City's water system plan, the projected average daily demand for the City of Sumas is 371,958 gallons per day in 2030 and the projected maximum daily demand is 743,916 gallons per day in 2030 (p. 3-24). The City of Sumas' water system has source capacity to meet the annual projected need over the 20-year planning period through the year 2030 (pp. 4-3 and 4-8). According to the Capital Facilities Element of the draft 2016 update of the Sumas Comprehensive Plan, in the year 2036 the total system demand, including the city and all wholesale customers, will equal 3,569 gallons per minute and 3,383 acre-feet per year. These flow rates are below the maximum volumes established in the city's water rights, therefore the city will have sufficient 110M source capacity to accommodate projected growth through 2036 (p. 4-6 and Table 4-2 on p. 4-7). The draft Capital Facilities Element also indicates that, based on the configuration of the city wholesale distribution system and construction of an additional 500,000 gallon storage tank by the Sumas Rural Water Association, Sumas has sufficient storage capacity to support planned growth through 2036 (p. 4-7). The draft 2016 update of the Capital Facilities Element of the Sumas Comprehensive Plan includes a 20-year capital improvement program (2016-2036) that identifies over $900,000 in capital projects to be funded through a combination of monthly rates and charges, connection charges, and developer contracts (Table 4-3 on p. 4-8). The draft Capital Facilities Element also includes a six -year financial analysis (2016-2021) indicating that the city water system will have sufficient revenues to cover anticipated expenditures, including capital improvement costs, through 2021 (p. 4-25). The City of Sumas Water System Comprehensive Plan "Service Area Policies and Conditions" requires that facilities necessitated by new development will be funded by the developer, except when the City requires oversizing (p. 1-14). Columbia Valley Water District The Columbia Valley Water District 2013 Water System Plan Update (2013) indicates that the Columbia Valley Water District maintains a water system consisting of three wells, booster pumps, four reservoirs with a total storage capacity of 762,000 gallons, and approximately 20 miles of water lines (pp. 8, 9 and 11). The District has explored an emergency intertie with Water District 13 (p. 22). The projected average daily demand for the water system is 279,450 gallons per day in 2030 and the projected maximum daily demand is 536,600 gallons per day in 2030 (pp. 45-47). The District has source capacity to meet the projected need over the 20-year planning period through the year 2030 (pp. 45-47). The Columbia Valley Water District 2013 Water System Plan Update contains a capital improvement program with almost $7.9 million in capital projects (2016 - 2022). These projects include water line improvements, fire hydrant replacements, pump replacements, and a potential intertie (Figure 8-2). Potential revenue sources for system improvements include cash reserves, general facilities charges, water sales revenue, local facilities charges, developer participation, utility local improvement district financing, bond financing, grants, and loans (pp. 77-82). PUD 1 PUD 1 provides water service to both the Grandview industrial/commercial service area north of Ferndale, as well the Cherry Point UGA (an industrial area). PUD 1's Comprehensive Water Plan (2004) does not measure water demand in population as most other WSPs do. The majority of the district's water service customers are industrial and commercial customers. The PUD's Comprehensive Water Plan indicates that it has sufficient water supply to meet the district's needs to the end of the district plan's 20-year planning period (2024). The plan includes a series of capital improvements including the acquisition of other potable water system treatment plants and water distribution and storage improvements. Although the district's plan does not include maps showing future water service extensions, portions of the narrative on future water service indicate the district's future water service plans to serve its entire district. 36 674 Lake Whatcom Water and Sewer District The Lake Whatcom Water and Sewer District Water System Comprehensive Plan (2010) indicates that the District maintains a water system consisting of a water intake system, water treatment plant, booster pumps, water reservoirs with a combined storage capacity of almost 2.56 million gallons, and approximately 67 miles of water lines (pp. 8-10). The District's water system has interties with the City of Bellingham water system, both for purchased water supply and for emergency use (pp. 47-48). The projected average daily demand for the water system is 909,596 gallons per day in 2027 and the projected maximum daily demand is 1,617,880 gallons per day in 2027 (Appendix A, Exhibit 2). The Lake Whatcom Water and Sewer District water system has source capacity to meet the projected demand through 2027 and for full build -out (Appendix A, Exhibit 2). The Lake Whatcom Water and Sewer District Comprehensive Sewer Plan (2014) contains a capital improvement program for both sewer and water projects. This plan contains over $2.2 million in water system capital projects (2016 - 2019). These projects include security upgrades, an overflow drain, water system rehabilitation and replacement projects, treatment plant improvements, water line replacements, and reservoir maintenance (Comprehensive Sewer Plan, Exhibit K). Anticipated financing methods for system improvements include connection fees, water rates, utility local improvement districts, developer extension agreements, loans and bonds (Water System Comprehensive Plan, p. 63). Water District 2 The Whatcom County Water District # 2 Water System Plan (2009) indicates that the District obtains all its water from the City of Bellingham, through an intertie with the City (p. 1-2). Water District 2 maintains a water system consisting of approximately 15 miles of water lines. The District does not have storage reservoirs or pumps, but relies on the City of Bellingham for storage and pressure (p. 1-2). The projected average daily demand for the water system is approximately 163,325 gallons per day in 2029 (derived from the Water System Plan, p. 2-10). The District has a contract in place with the City of Bellingham that will provide adequate water to meet this demand over the planning period. The District's Certified Operator stated, in an e-mail of May 9, 2016, that all of the District financed projects in the Water System Plan's "Capital Improvement Schedule" have been completed (p. 8-2). The most recent capital improvements included approximately 5,150 of old water main completed in 2014 financed by a loan from the Drinking Water State Revolving Fund and repaid from general revenue. The Water System Plan is scheduled for update over the next couple of years during which time the capital improvement plan will be reviewed for the next 10 — 20 year period. Revenue sources for future capital projects include water rates and connection fees to repay loans (p. 9-1). 37 675 Water District 7 The Whatcom County Water District # 7 Water System Plan (2008) indicates that the District obtains all its water from the City of Bellingham, through an intertie with the City (p. 1-3). Water District 7 maintains a water system consisting of booster pumps, water reservoirs with a capacity of 485,000 gallons, and over 12 miles of water lines. The projected average daily demand for the water system is approximately 190,000 gallons per day in 2027 (derived from the Water System Plan, pp. 2-5 and 3-1). Water District 7 is approved to serve up to 1,145 residential connections (p. 1-3), which is more than the projected number of dwelling units in the District in the year 2036. The District's Certified Operator stated, in e-mails of April 10, 12, and 14 2016, that all of the "Recommended 6 Year Capital Improvements" identified in the 2008 Water System Plan have been completed as of 2015. The "Recommended 20 Year Capital Improvements" identified in the 2008 Water System Plan focus on replacement of existing water mains with similar size pipe, at a total cost of approximately $750,000 (p. 8-4). Revenue sources will be water rate increases as necessary to repay loans likely from the United States Department of Agriculture, Drinking Water State Revolving Fund, or Public Works Trust Fund. Water District 13 The Whatcom County Water District # 13 Small Water System Plan (2012) indicates that Water District # 13 maintains a water system consisting of two wells, two reservoirs with a total storage capacity of 300,000 gallons, and associated water lines (pp. 26-27). The projected average daily demand for the water system is almost 127,000 gallons per day in 2031 and the projected maximum daily demand is estimated at over 253,000 gallons per day in 2031 (pp. 15). The District has source capacity to meet the projected need over the 20-year planning period through the year 2031 (p. 32). The Whatcom County Water District # 13 Small Water System Plan contains a capital improvement program with approximately $353,000 in capital projects. These projects include backup power at well sites, storage tank piping modifications, replacing/adding valves, and water line improvements (p. 31). 676 Chapter 12 — Sewer Systems Sanitary Sewer There are a total of 10 wastewater collection systems and seven wastewater treatment plant (WWTP) facilities that serve UGAs in Whatcom County. Most of the facilities provide services within city limits with plans for future service to areas designated as UGAs. However, some systems provide service to unincorporated UGAs (Birch Bay Water & Sewer District and Water District 13). Inventory of Current Facilities The following cities and sewer districts (in alphabetical order) provide sanitary sewer service to UGAs in the County: ■ City of Bellingham maintains a wastewater collection system within its city limits and sewer service zones within the UGA. The City operates a wastewater treatment plant that is also used by Lake Whatcom Water and Sewer District. The city plans future service within its UGA. ■ Birch Bay Water & Sewer District owns and operates a wastewater collection and treatment system that serves the Birch Bay UGA, a portion Cherry Point UGA, and a parcel within the Blaine UGA. ■ City of Blaine provides a collection and a wastewater treatment system for property within the city limits. The City also provides contract service to the Harbor Shores Sewer Association in the City's southern UGA area. Blaine's wastewater treatment is handled by the Lighthouse Point Water Reclamation Facility, constructed in 2010. The facility, which generates Class A reclaimed water, was a full replacement of the City's prior treatment plant. The city plans future sewer service to areas within its UGA, and has adequate expansion capacity in the Lighthouse Point facility. ■ The City of Everson maintains a collection system to serve property within the city limits. The city's sewer system also provides wastewater treatment for the City of Nooksack. Both cities provide funding for operation and maintenance of the treatment facility. The city plans future sewer service to areas within its UGA. ■ The City of Ferndale provides sewer collection and treatment facilities for property within the city limits and plans future collection and treatment to the cty's UGA. The City also serves two areas outside the UGA, east of the City, but has no plans to expand service in these areas. ■ Lake Whatcom Water & Sewer District maintains a sanitary sewer collection system that serves the Geneva UGA, east of the city limits, and other areas around Lake Whatcom. The district relies upon the City of Bellingham wastewater system for treatment. ■ The City of Lynden provides sewer collection and treatment facilities for property within the city limits and plans future collection and treatment to the cty's UGA upon annexation. The City also operates permitted composting facilities for beneficial use of biosolids. ■ City of Nooksack constructed a wastewater collection system for property within the city limits in 1987. The city has plans to provide future service to unserved properties within its city limits 39 677 and to properties within its associated UGA. By agreement with the City of Everson, Nooksack pumps its sewage for treatment at the Everson Wastewater Treatment Plant. Nooksack also provides funding for the operation and maintenance of the Everson Wastewater Treatment Plant. ■ The City of Sumas provides a wastewater collection system for property within the city limits. Since 1999, the city has had wastewater treatment provided at a large regional treatment facility in Abbotsford, BC owned and operated by Fraser Valley Regional District. The city plans to extend sewer service to UGA property upon annexation. ■ Whatcom County Water District 13 provides wastewater collection and treatment to a portion of the Columbia Valley UGA in unincorporated Whatcom County. An inventory of existing wastewater facilities located in the County is presented in the table on the following pages. The table summarizes wastewater volume treated per day, total treatment capacity, and surpluses or deficits for the wastewater treatment systems expressed in million gallons per day (mgd). Existing population is also noted. 40 Table 12.1 Wastewater System Inventory, Collection System Treatment Service Area Year of ur Existing Slus/ Service Provider Miles Design p 2013 Notes Plan Collection System Existing Average of Flow Deficit Population Conditions Annual Pipe (mgd) Estimate Flow (mgd) (mgd) Birch Bay Water The collection system is The WWTP 2009 and Sewer District 56 composed of approximately 56 0.97 1.442 0.47 8,639 discharges to the (BBWSD) miles of gravity and pressure Strait of Georgia. sewer lines and 11 pump stations. Bellingham's sewer service area covers approximately 30 sq. miles. The City operates and a The WWTP discharges to 2009 City of Bellingham 324 maintains approximately 318 19.5 34.3 14.8 89,629 the Bellingham Bay. miles of sewer mains and 6 miles of force mains. There are 27 pump stations in the system. The existing service area for the Blaine sewage treatment system is in the Blaine city limits. In July 2010, the Lighthouse Point Water Reclamation Facility The WWTP discharges to 2004 City of Blaine 40 came on-line with capacity to 0.5 1.54 1.04 4,778 Semiahmoo Bay. treat 1.54 MGD. The City of Blaine wastewater collection system consists of gravity sewers, force mains, and eight pumping stations. The collection system has over 10 miles of gravity and force 2012 a City of Everson 10 main pipe and 8 wastewater pump stations within city limits. 0.28 0.44 0.16 2,510 The WWTP discharges to The Everson WWTP treats the Nooksack River. wastewater from both Everson and Nooksack. Ferndale's collection system has 2016 City of Ferndale' 58 58 miles of gravity and force main piping and 17 pump 1.62 6.37 4.75 12,558 The WWTP discharges to stations. the Nooksack River. There are over 62 miles of pipe and 14 operating wastewater pump stations within the City of Lynden sewage collection system. The Lynden WWTP is 2016 City of Lynden 62 an extended aeration secondary 1.11 2.18 1.07 12,707 treatment plant that uses oxidation ditches and UV disinfection to treat effluent prior to discharge in the Nooksack The WWTP discharges to River. the Nooksack River. The collection system consists 2012 of almost 8 miles of gravity and City of 8 force main pipe, 4 wastewater 0.14 0.22 0.08 1,400 (Amended Nooksacke pump stations, and 2 grinder in 2016) pumps. The City's sewage is treated at the Everson WWTP. The City of Sumas contracts Plan date listed is the date with the City of Abbotsford, of the agreement with the Canada for sewer service. City of Abbotsford, British 2009 City of Sumas 10 Sumas sewage flows account 0.227 0,400 0.173 1,448 Columbia which goes for less than 2% of the volume through 2028. received by the JAMES Approximately 0.110 mgd of Treatment Plant in Abbotsford. the existing flow is The City contract allows for a generated by a single 41 679 Collection System Treatment Service Area Year of Service Provider Plan Miles of Pipe Collection System Existing Conditions Existing Average Annual Flow (mgd) Design Flow (mgd) ur Slus/ P Deficit (mgd) 2013 Population Estimate Notes maximum treatment of 0.4 mgd. industrial user, the PSE cogeneration plant. The District does not have a sewage treatment plant. The The 2014 agreement District contracts with the City of between the District and the Lake Whatcom 2014 Water and Sewer g2 Bellingham to treat and dispose 0.828 1.382' 0.544 10,389 City of Bellingham is for District of domestic sewage. The District maximum peak operates and maintains gravity instantaneous flows of up to and pressure sewer lines and 27 2,400 gallons per minute. sewage pump stations. Water District 13 owns, operates, and maintains a domestic wastewater collection system consisting of two pump 2012 Water District 13 4 stations, approximately 4 miles 0.062 0.125 0.063 790 of pipe, a wastewater treatment plant, and a force main that transfers flows from the treatment plant to the drainfield. 1. The information in this table is from the Draft EIS Whatcom County 2016 Comprehensive Plan and Development Regulations Update and Urban Growth Area Review (March 2015, p. 4-241), the Final EIS Whatcom County 2016 Comprehensive Plan and Development Regulations Update and Urban Growth Area Review (November 2015, Appendix E), and individual sewer plans. 2. Permitted capacity subject to completion of treatment plant upgrades (in progress 2016). 3. City of Bellingham e-mail of May 12, 2016. 4. Design flow figure is the planned upgrade capacity for the Everson WWTP (two-thirds of the planned capacity is for the City of Everson). Construction activities on the Everson WWTP upgrade commenced in 2015 and are scheduled to be completed by the end of 2016. 5. Design flow figure is the City of Ferndale's WWTP capacity following Phase III construction in 2019. 6. Design flow figure is the planned upgrade capacity for the Everson WWTP (one-third of the planned capacity is for the City of Nooksack). Construction activities on the Everson WWTP upgrade commenced in 2015 and are scheduled to be completed by the end of 2016. 7. Design flow is determined by dividing the peak contract capacity by a peaking factor of 2.5. 42 �i� Future Needs Sewer provider design standards are provided below, which are based on the estimated wastewater usage (gallons/day for each person or equivalent residential unit). Table 12.2 Design Standards Service Provider Design Standards Birch Bay Water and Sewer District 70 gallons/capita/day City of Bellingham 102 gallons/capita/day City of Blaine 184 gallons/ERU/day City of Everson 96 gallons/capita/day City of Ferndale 154 gallons/capita/day City of Lynden 100 gallons/capita/day City of Nooksack 89 gallons/capita/day City of Sumas 80 gallons/capita/day Lake Whatcom Water and Sewer District 100 gallons/capita/day Water District 13 67 gallons/capita/day Source: Derived from individual sewer plans. Blaine figure is from City of Blaine in an e-mail of May 12, 2016 Sumas figure is from the Sumas City Planner in an e-mail of March 7, 2016 MMI The table below identifies projected treatment capacity in 2022 for each sewer provider that serves a UGA, given planned growth for these areas. Table 12.3 Sewer Treatment Capacity 2022 Service Provider Current Treatment Capacity (MGD) 2022 Treatment Capacity Surplus (Deficit) expressed in MGD Bellingham 34.300 10.6 Birch Bay Water & Sewer 1.44 0.00' Blaine 1.54 0.75 Everson 0.4412 0.124 Ferndale 6.373 3.36 Lynden 2.18 0.48 Nooksack 0.2202 0.062 Sumas 0.400 0.150 Lake Whatcom Water & Sewer District 1.382 0.444 WC Water District 13 0.125 0.039 Per forecast of future flows in Engineering Report for Wastewater Treatment Plant Improvements, Birch Bay Water and Sewer District, 2012. The next facility upgrade is planned for completion by 2022 for capacity through year 2032, per the flow and loading forecast in the referenced report. The City of Everson anticipates completing a wastewater treatment plant upgrade in 2016, which will increase the current peak month treatment capacity to 0.441 MGD for Everson and to 0.220 MGD for Nooksack. 3 Treatment capacity with planned improvements to the wastewater treatment plant. The table below identifies projected treatment capacity in 2036 for each sewer provider that serves a UGA, given planned growth for these areas. Table 12.4 Sewer Treatment Capacity 2036 Service Provider Current Treatment Capacity (MGD) 2036 Treatment Capacity Surplus (Deficit) expressed in MGD Bellingham 34.300 .800 Birch Bay Water & Sewer 1.44 (0.50)' Blaine 1.54 0.39 Everson 0.4412 0.000 Ferndale 6.373 2.27 Lynden 2.18 0.13 Nooksack 0.2202 0.000 Sumas 0.400 0.105 Lake Whatcom Water & Sewer District 1.382 0.265 WC Water District 13 0.125 0.006 1 The Engineering Report for Wastewater Treatment Plant Improvements, Birch Bay Water and Sewer District, 2012, forecasts flow in year 2032 as 1.80 MGD, resulting in an apparent deficit of 0.36 MGD at that time. The forecast flow in 2032 is extrapolated to 2036 for the analysis above. The 2012 report recommends capacity upgrade by 2022 to maintain adequate capacity. The 2012 report will be updated prior to that upgrade to assure the upgrade is implemented for then -current flow and loading forecasts, including provision of adequate capacity for year 2036 2 The City of Everson anticipates completing a wastewater treatment plant upgrade in 2016, which will increase the current peak month treatment capacity to 0.441 MGD for Everson and to 0.220 MGD for Nooksack. 3 Treatment capacity with planned improvements to the wastewater treatment plant. Population and Capital Projects The table below identifies each sewer provider's latest sewer plan horizon year and population, as well as the County's 2036 population projection. This table serves to provide an order of magnitude check with respect to the population that each service provider is planning on serving in comparison to the population projections for the 2036 Whatcom County Comprehensive Plan. C: -0141 Table 12.5 Population Comparison: Sewer Plans and 2036 Population Projection Service Provider Horizon year of Capital Plan Capital Plan Population County's 2036 Population Projection Bellingham 2026 122,007 123,710 Birch Bay Water and Sewer 2036 13,578 13,046 Blaine 2025 10,871 9,585 Everson 2036 4,044 3,907 Ferndale 2036 19,591 19,591 Lynden 2036 19,282 19,275 Nooksack 2036 2,470 2,425 Sumas 2036 2,323' 2,323 Lake Whatcom Water and Sewer District 2032 10,556 12,3802 Water District 13 2029 1,595 1,773 1 From the Draft City of Sumas Comprehensive Plan. 2 The boundaries of the District are larger than the area served by sewer Capital Facility Projects Sewer services and capital facilities are funded primarily by the users of the system through service charges and connection fees. These rates are adjusted as needed to fund capital and operational needs. Some grant programs exist for the construction of sewer facilities and upgrades, but, like many grant programs, they are generally very competitive. City of Bellingham The City of Bellingham Comprehensive Sewer Plan (2009) indicates that the City maintains a wastewater collection and conveyance system comprised of gravity sewers, pump stations, and force mains (p. 5-1). The City of Bellingham operates a wastewater treatment plant, which is also utilized by the Lake Whatcom Water and Sewer District (pp. 2-1 and 8-1). The City of Bellingham Comprehensive Sewer Plan contains a capital improvement program with approximately $54.2 million in capital projects (2016 - 2026). These projects include collection system improvements and wastewater treatment plant improvements (p. 12-6). The financial plan indicates that system development charges, rates, cash reserves, and revenue bonds are funding sources to implement the plan and that projected funds will be adequate for planned capital projects (p. 12-7). Birch Bay Water and Sewer District The Birch Bay Water and Sewer District Comprehensive Sewer Plan was adopted by the District in 2009. The District is completing an updated plan in 2016. Birch Bay Water and Sewer District provides sewer collection and treatment services for the area within and some areas adjacent to the 46 Birch Bay UGA. The system includes a wastewater treatment plant, 11 pump stations and over 56 miles of collection and conveyance piping. The wastewater treatment plant was evaluated in 2012. The headworks facility was replaced in 2014 and aeration upgrades are in progress in 2016. Following completion of the aeration upgrades, the facility will be permitted for 1.44 million gallons per day, maximum month average daily flow. The District's 2009 plan indicates where current sewer service exists and establishes a future service area that consists of portions of then - current Birch Bay, Blaine, and Cherry Point UGAs. The plan identifies future trunk lines and lift station and force main upgrades or additions. The system serves development throughout the UGA, including all developed areas along the Birch Bay shoreline and existing urban -density development inland. The County has since removed significant areas from the Birch Bay and Blaine UGAs, particularly areas at Birch Point and north of Lincoln Road. The sewer service area addressed in the 2016 plan update includes all of the Birch Bay UGA, and parcels and plats with existing sewer service. The most recent District sewer planning document is its Engineering Report for Wastewater Treatment Plant Improvements (2012). The report includes an updated forecast of growth in population, flow and loadings. The report recommended improvements for immediate implementation (the work to be completed in 2016) and an upgrade to be completed by year 2022. With the revised population forecast for this plan, the next plant upgrade will potentially be necessary prior to 2022. The 2016 plan update will refine the timing of the next plant upgrade and future updates to the 2012 report will address capacity needs for year 2036 population and corresponding flow and loading. The 2009 plan includes a capital improvement plan for adequate capacity and extension or upgrade of collection system facilities to service the designated area. Several of those projects have been completed. The 2016 plan will revise that capital plan to exclude service to areas no longer in the UGA or service area and update the list of projects anticipated for service within the UGA and adjacent existing service area. City of Blaine The City of Blaine General Sewer Plan (2004, revised 2005) and associated Technical Memorandum (2016) indicate that the City of Blaine maintains a wastewater collection and conveyance system comprised of gravity sewers, pump stations, and force mains. The City of Blaine operates a bio-membrane wastewater treatment plant that discharges to Semiahmoo Bay. The plant is called the Lighthouse Point Water Reclamation Facility and uses advanced membrane bio-reactors to purify wastewater to meet Class A water reuse standards, such as irrigation of parks and golf courses. Lighthouse Point replaced the city's former facility which has since been decommissioned. Lighthouse Point generates reclaimed water suitable for industrial and agricultural uses, and the city is currently contracted with Resort Semiahmoo to supply reclaimed water for golf course irrigation, and a private user for service of a landscape water feature. The plant has a design capacity of 3.1 million gallons per day (mgd) for purification, and has the current capacity to treat an annual average of 1.54 mgd. The City of Blaine General Sewer Plan contains a capital improvement program with approximately $33.5 million in capital projects over its 20-year planning period. A significant portion of that has already been invested in developing Lighthouse Point and the flow attenuation tanks; a total of $26.0 million was estimated in the Plan for those two facilities. In the next 20 years (2016 - 2036), the City forecasts line extensions and 110 M• installation of pumping facilities to serve new development, as well as phased expansion of the Lighthouse Point facility. However, these are only necessary if development occurs and will be paid primarily through general facility fees. These projects include sewer trunk line extensions, and associated pump stations, into the East Blaine planning area as development in that area generates the need. They also include development of sewer trunk line extensions, and associated pump stations, in the West Blaine planning area as development also creates the need there. The vast majority of these facilities will be developer installed. The City's financing plan projects adequate revenues to cover expenses over the 20-year planning period only if the City continually assesses the rate structure and general facility fees as time progresses. The City has accomplished the greatest goal outlined in the plan (building the new treatment facility), and is well -staged to expand the delivery system as demand increases due to expanding population. City of Everson The City of Everson General Sewer Plan (2012) indicates that the City of Everson maintains a wastewater collection and conveyance system comprised of gravity sewers, pump stations, and force mains. The City of Everson operates a wastewater treatment plant, which is also utilized by the City of Nooksack (pp. 3-1 and 3-3). The Everson Wastewater Treatment Plant is being upgraded in 2016 to increase capacity to accommodate projected growth over the 20-year planning period (City of Nooksack 2012 General Sewer Plan Elements Amendment, January 2016, p. 3-2). The Everson General Sewer Plan contains a capital improvement program with approximately $4.5 million in capital projects over the next 20 years (2016 - 2036). These projects include pump station, collection system and wastewater treatment plant improvements (pp. 11-3 through 11-8). The financing plan indicates there are fiscal challenges, but also includes strategies for addressing projected funding gaps (pp. 11-8 through 11-10). City of Ferndale The Draft City of Ferndale Comprehensive Sewer Plan (2016) indicates that the City of Ferndale maintains a wastewater collection and conveyance system comprised of gravity sewers, pump stations, and force mains. The City of Ferndale also operates a wastewater treatment plant (pp. 15). The City plans to increase the capacity of the wastewater treatment plan from 3.23 MGD to 6.37 MGD (p. 16). The existing lagoon system will be converted to an extended aeration activated sludge treatment plant. The Draft Ferndale Comprehensive Sewer Plan contains a capital improvement program with approximately $71 million in capital projects over the next 20 years (2016 - 2036). These projects include pump stations, collection system, and wastewater treatment plant improvements and inflow/infiltration reduction projects. The City's financing plan projects adequate revenues to cover expenses over the 20-year planning period (p. 32). City of Lynden The Draft City ofLynden General Sewer Plan (2016) indicates that the City of Lynden maintains a wastewater collection and conveyance system comprised of gravity sewers, pump stations, and force mains. The City of Lynden also operates a wastewater treatment plant that include an influent pump station, headworks with screens and grit removal, three anoxic selector tanks, two oxidation 4s •:. ditches, two secondary clarifiers, effluent cloth disc filters, UV disinfection system, effluent Parshall flume, effluent pump station, sludge thickening and digestion, sludge dewatering, and composting facilities (Chapter 5). The Draft Lynden General Sewer Plan contains a capital improvement program with capital projects over the next 20 years from 2016 - 2036 (Chapter 12). The City's financing plan projects adequate revenues to cover expenses over the 20-year planning period (Chapter 12). City of Nooksack The City of Nooksack 2012 General Sewer Plan Elements Amendment (January 2016) indicates that the City of Nooksack maintains a wastewater collection and conveyance system comprised of gravity sewers, pump stations, and force mains. The City of Nooksack does not operate a wastewater treatment plant. Wastewater from Nooksack is treated at the Everson Wastewater Treatment Plant (pp. 3-1 and 3-3). The Everson Wastewater Treatment Plant is being upgraded in 2016 to increase capacity to accommodate projected growth over the 20-year planning period (City of Nooksack 2012 General Sewer Plan Elements Amendment, January 2016, p. 3-2). The Plan also contains a capital improvement program with over $2.5 million in capital projects over the next 20 years (2016-2036). These projects include pump station, collection system and wastewater treatment plant improvements (pp. 11-2 through 11-5). The six -year and 20-year financing plans indicate there are fiscal challenges based upon existing fee structures, but also includes strategies for addressing projected funding gaps (pp. 11-6 through 11-9). City of Sumas The City of Sumas does not have a comprehensive sewer plan. The Sumas sewer system was addressed in the 2016 update of the Sumas Comprehensive Plan. The Sumas Comprehensive Plan addresses the 20-year period through 2036 including a 2036 population of 2,323. The City of Sumas owns and maintains a sewage collection and transmission system that includes gravity sewer lines and a small number of sewer lift stations. The Sumas system directs sewage to a discharge into the City of Abbottsford system in British Columbia, Canada. The City has an ongoing contract with the City of Abbotsford to receive and treat sewage collected in Sumas. This contract provides for the receipt and treatment of a maximum volume of 400,000 gallons per day through December 31, 2028. Discharges from the Sumas system are metered on a daily basis. A review of City records from January through December 2015 indicates that typical maximum effluent levels are approximately 227,000 gallons per day total. Approximately 110,000 gallons of the City's total maximum daily discharge is generated by a single industrial customer. Using the conversion factor of 300 gallons per day per equivalent residential unit (ERU), the total contract amount equates to 1,333 ERUs. The available capacity of 173,000 gallons per day is equivalent to approximately 577 ERUs. Excluding the one large industrial customer, which generates the equivalent of 367 ERUs, leaves an available capacity of 966 ERUs for the remainder of the City. This available capacity equals a 248% increase over the current City typical maximum daily volume of 117,000 gallons per day or 390 ERUs (e.g., maximum daily volume without considering the single large industrial use). This CFP assumes a population increase from 1,468 in 49 MMIN 2015 to 2,323 in 2036 along with a comparable level of employment, representing a 58% increase through 2036. On this basis, it appears that Sumas has sufficient sewer service capacity to meet its needs through 2036. The Sumas Comprehensive Plan shows the locations of sewer main extensions necessary to serve new development in the Sumas UGA. All system extensions necessary to serve new development will be provided by developers. The City completed a sewer lift station that was designed to be deep enough to receive gravity flows from all areas within the Sumas unincorporated UGA and UGA Reserve. The draft Capital Facilities Element of the Sumas Comprehensive Plan (2016) includes a 20-year capital improvement program (2016-2036) that identifies over $480,000 in capital projects to be funded through a combination of monthly rates and charges, connection charges, and developer contracts (Table 4-1 on p. 4-4). The draft Capital Facilities Element of the Sumas Comprehensive Plan also includes a six -year financial analysis (2016-2021) indicating that the city sewer system will have sufficient revenues to cover anticipated expenditures, including capital improvement costs, through 2021 (p. 4-25). Lake Whatcom Water and Sewer District The Lake Whatcom Water and Sewer District Comprehensive Sewer Plan 2014 Update (2014) indicates that the District maintains a wastewater collection and conveyance system comprised of gravity sewers, pump stations, and force mains. The District sends wastewater to the City of Bellingham for treatment and disposal (pp. 4-16). The District and the City of Bellingham have a contract for wastewater treatment and disposal through the year 2034. The Lake Whatcom Water and Sewer District Comprehensive Sewer Plan 2014 Update contains a capital improvement program with approximately $3.4 million in capital projects over the next several years (2016 - 2019). These projects include pump station replacements, sewer line replacements, and manhole rehabilitation (pp. 24-25 and Exhibit K). The District engages in revenue planning and reviews sewer rate structures to address future costs to the District (pp. 19-21 and 24). Water District 13 Water District 13 provides sewer service to a portion of the Columbia Valley UGA. The Whatcom County Water District No. 13 Comprehensive Sewer Plan (2012) indicates that Water District 13 maintains a wastewater system comprised of pressure and gravity sewer pipes, pump stations, a wastewater treatment plant, and a force main that transfers flows from the treatment plant to the drainfield (p. 5-1). The Whatcom County Water District No. 13 Comprehensive Sewer Plan contains a capital improvement program with approximately $11.7 million in capital projects from 2017 to 2029. These projects include re -lining lagoons in the wastewater treatment plant, replacing a pump station force main, upgrading the wastewater treatment plant by installing a membrane bioreactor, refurbishing chlorination equipment, and installing new pipe (p. 7-11). The financing plan indicates that the District could issue bonds and utilize general facilities charges, developer extension charges, and monthly service charges to pay for capital facility improvements (pp. 7-7, 7- 8, 7-14 and Figure 7.2). 50 M R 0• This section evaluates the seven public school districts that serve Whatcom County and provides: • An inventory of current facilities, showing the existing enrollment capacity at the elementary, middle school and high school levels; • A forecast of future needs, indicating whether existing school facilities can accommodate future student enrollment projections; and • Capital projects and funding, summarizing the facility improvements proposed by the districts to provide additional classroom space for future students. Inventory of Current Facilities Inventories of the school districts' existing facilities located in Whatcom County are presented in this section. Each inventory includes the number of students that the school district can accommodate (enrollment capacity) for the elementary, middle school and high school grades. Bellingham School District The Bellingham School District serves the majority of the City of Bellingham and surrounding areas. The school district's current enrollment capacity is shown below. Table 13.1 Bellingham School District Current Enrollment Capacity School Total Enrollment Capacity Elementary 4,815 Middle School 2,700 High School 3,350 Total K-12 10,865 Source: Bellingham School District No. 501 Capital Facilities Plan 2015-2021 (August 2015, Table 2-A). This capacity reflects permanent and portable capacity at each grade level. e Blaine School District The Blaine School District serves the City of Blaine and its UGA, most of the Birch Bay UGA, and surrounding rural areas. The school district's current enrollment capacity is shown below. Table 13.2 Current Enrollment Capacity School Total Enrollment Capacity Elementary 1,120 Middle School 540 High School 740 Total K-12 2,400 Source: Blaine School District Capital Facilities Plan (December 2015, p. 6). Ferndale School District The Ferndale School District serves the City of Ferndale and its UGA, and rural areas including the Lummi Reservation and Lummi Island. The school district's current enrollment capacity is shown below. Table 13.3 Current Enrollment Capacity School Total Enrollment Capacity Elementary 2,975 Middle School 1,300 High School 1,925 Total K-12 6,200 Source: Ferndale Schools Capital Facilities Plan and School Impact Fee Ordinance (April 2013, p. 3) 52 Lynden School District The Lynden School District serves the City of Lynden and its UGA, and surrounding agricultural and rural areas. The school district's current enrollment capacity is shown below. Table 13.4 Current Enrollment Capacity School Total Enrollment Capacity Elementary 1,350 Middle School 600 High School 700 Total K-12 2,650 Source: Lynden School District Capital Facilities Plan (Feb. 2016, p. 5) Meridian School District The Meridian School District serves mostly rural areas, although the City of Bellingham extends into the southern portion of the District. The school district's current enrollment capacity is shown below. Table 13.5 Current Enrollment Capacity School Total Enrollment Capacity Elementary 888' Middle School 494 High School 870 Total K-12 2,252 Source: Meridian School District No. 505 Capital Facilities Plan 2015-2021 (June 2015, p. 5) Capacity includes Irene Reither Elementary School and Ten Mile Creek Elementary School (which currently provides space for the Parent Partnership Program). Mount Baker School District The Mount Baker School District serves the Columbia Valley UGA and rural areas in eastern Whatcom County. The school district's current enrollment capacity is shown below. Table 13.6 Current Enrollment Capacity School Total Enrollment' Capacity Elementary 1,255 Middle School 428 High School 944 Total K-12 2,627 Source: Mount Baker School District Capital Facilities Plan (May 2013, p. 6) Nooksack Valley School District The Nooksack Valley School District serves the cities of Everson, Nooksack, Sumas and their associated UGAs, and surrounding agricultural and rural areas. The school district's current enrollment capacity is shown below. Table 13.7 Current Enrollment Capacity School Total Enrollment Capacity Elementary 1,180 Middle School 650 High School 1,320 Total K-12 3,150 Source: Everson/Nooksack/Sumas City Planner e-mail of March 7, 2016 54 C*L Future Needs The forecast of future needs shows whether a school district's existing capacity will be able to accommodate projected student enrollment increases over the 20-year planning period, or whether the districts will need plans for additional school facilities to meet future needs. Several school districts have developed 20-year student enrollment projections in association with their capital facility plans (CFPs). School district projections are used in the analysis, when available. When 20-year projections are not available from the school district CFPs, consultant projections developed for the Final EIS Whatcom County 2016 Comprehensive Plan and Development Regulations Update and Urban Growth Areas Review (November 2015) are utilized. Future enrollment is affected by demographic trends (such as an aging population) and trends in alternative school methods including home schooling, Running Start program, and online schooling. Therefore, school districts routinely monitor enrollment growth trends and may adjust their plans accordingly. The table below shows whether existing classroom capacity will be adequate to serve the projected student enrollment in 2036. As can be seen by this analysis, deficits are experienced in four school districts by 2036. School districts can address future deficits by constructing additional classrooms, installing portables, and/or increasing the number of students accommodated in existing classrooms. Table 13.8 Whatcom County School District — Forecast of Future Needs 2036 School District Existing Student 2036 Enrollment 2036 School Surplus Capacity Projection (Deficit) Capacity Bellingham 10,865 12,3311 (1,466) Blaine 2,400 2,4562 (56) Ferndale 6,200 6,5213 (321) Lynden 2,650 3,4324 (782) Meridian 2,252 1,5295 723 Mount Baker 2,627 2,128' 499 Nooksack Valley 3,150 2,0127 1,138 1 The Bellingham School District No. 501 Capital Facilities Plan 2015-2021(August 2015) shows enrollment in the 2034-35 school year at 12,141 students (Table 1-B). The County has extrapolated this enrollment projection to the year 2036. 2 Blaine School District Capital Facilities Plan (December 2015, p. 10). 3 Projected enrollment is from the background information prepared for the Final EIS Whatcom County 2016 Comprehensive Plan and Development Regulations Update and Urban Growth Areas Review (November 2015), contained in an e-mail from BERK Consulting (March 1, 2016). 4 Lynden School District Capital Facilities Plan (February 2016, p. 9). 5 Projected enrollment is from the background information prepared for the Final EIS Whatcom County 2016 Comprehensive Plan and Development Regulations Update and Urban Growth Areas Review (November 2015), contained in an e-mail from BERK Consulting (March 1, 2016). The projected enrollment does not include students in the Meridian Parent Partnership Program (MP3). MP3 currently serves approximately 150 students on campus that live all over Whatcom County and another 130 students via on-line methods from around the state. It is anticipated that MP3 enrollment will continue to increase throughout the 20-year planning period. 6 Mount Baker School District Capital Facilities Plan (May 2013, p. 11). 7 Projected enrollment is from the background information prepared for the Final EIS Whatcom County 2016 Comprehensive Plan and Development Regulations Update and Urban Growth Areas Review (November 2015), contained in an e-mail from BERK Consulting (March 1, 2016). 55 693 Capital Projects and Funding Most school districts in Whatcom County have capital facility plans that inventory existing school facilities, project future enrollment levels, and identify capital projects needed to support student enrollment growth in their respective districts. Capital Project Funding School Districts in Washington State fund capital improvements with both State and local dollars. Local capital financing is usually achieved through two primary mechanisms. The first is the property tax, in which residents of the school district vote to finance a capital bond with an increase in property taxes. The annual bond cost is spread over the life of the bond. Therefore, if property values increase over time the levy rate necessarily declines to generate the same annual revenue. The second potential financing tool is a school impact fee, which is designed to recover costs from new development for the facility improvements necessary to serve development. This fee is usually charged to new residential development based on the number and type of units constructed. Bellingham School District The future needs analysis above indicates that the Bellingham School District's projected enrollment in 2036 will exceed the current school capacity by 1,466 students. The Bellingham School District No. 501 Capital Facilities Plan 2015-2021 (Aug. 2015) indicates that permanent capacity will increase by 652 over the six -year planning period (Table 3). The projects that will increase permanent capacity are the Lowell Elementary School renovation/addition, the Happy Valley Elementary School replacement, a new Options High School, and the Sehome High School replacement/addition (Table 3). Installing portables and purchasing additional property are also planned in the next six years (Table 3). These projects are being funded by a $160 million bond measure passed by the voters in November 2013, state matching funds, and impact fees. While the District's CFP is a six -year plan, rather than a 20-year plan, it does state that "The District will closely monitor population growth and incorporate planned projects to meet actual student needs in future updates to this Plan" (p. 3). 56 Blaine School District The future needs analysis above indicates that the Blaine School District's projected enrollment in 2036 will exceed the current school capacity by 56 students. The Blaine School District Capital Facilities Plan (Dec. 2015) indicates that permanent capacity will increase by at least 60 more students over the six -year planning period, with flexibility built into the plan to accommodate up to a total of 184 more students (p. 11). Projects in the six -year planning period include improvements to the Blaine Primary School, Blaine Elementary School and Blaine High School (p. 11). These projects are being funded by a $45 million bond measure passed by the voters in February 2015. The UP also indicates that the District plans to identify a site that could accommodate a school in the Birch Bay area, although this project is not currently funded (p. 12). Ferndale School District The future needs analysis above indicates that the Ferndale School District's projected enrollment in 2036 will exceed the current school capacity by 321 students. The Ferndale Schools Capital Facilities Plan and School Impact Fee Ordinance (April 2013) indicates that the District is looking at replacing two elementary schools and one high school in the six -year planning period at the cost of about $140 million (p. 5). The proposed funding source would primarily be voter approved bonds and state matching funds (p. 6). Lynden School District The future needs analysis above indicates that the Lynden School District's projected enrollment in 2036 will exceed the current school capacity by 782 students. The Lynden School District Capital Facilities Plan (Feb. 2016) indicates that permanent capacity will increase by 250 more students over the six -year planning period and by a total of 1,050 over the 20-year planning period (pp. 5, 10 and 11). Projects in the six -year planning period that will add capacity are construction of a new Fisher Elementary School and construction of a new Lynden Middle School (p. 10). These projects are being funded by a $48 million bond measure passed by the voters in April 2015 and state matching funds. The UP also indicates that the District plans to make necessary additions to address the high school facility needs and elementary school facility needs within the 20-year planning period. The District would seek voter approval of bond measures in the future for these projects (pp. 10 and 11). 57 Com Meridian School District The future needs analysis above indicates that the Meridian School District's projected enrollment in 2036 can be accommodated by the current school facilities. The Meridian School District No. 505 Capital Facilities Plan 2015-2021 (June 2015) indicates that the District recently completed capacity and improvement projects at Irene Reither Elementary School and Meridian High School (p. 8). The District's CFP states that "The District plans to monitor capacity and enrollment growth and, as necessary, will update this Plan to reflect capacity needs and related planned projects" (p. 8). In fact, the Meridian School District Superintendent indicated, in a letter of February 23, 2016, that the District is currently experiencing considerable growth at the elementary level. Therefore, the Meridian Parent Partnership Program (MP3), which currently occupies the Ten Mile Creek Elementary School, will be re -located to a new campus west of the District Office on Laurel Rd. This new campus will consist of portable buildings, parking and lawn area. The Ten Mile Creek Elementary School will be utilized for kindergarten and 1 S` grade classrooms at the beginning of the 2017-2018 school year. Mount Baker School District The future needs analysis above indicates that the Mount Baker School District's projected enrollment in 2036 can be accommodated by the current school facilities. The Mount Baker School District Capital Facilities Plan (May 2013) indicates that the District has adequate classroom space to serve projected student enrollment through the entire 20-year planning period (p.12). While the District does not plan to add classroom space, it does plans to invest in facility improvements, maintenance and energy upgrades (p. 12). Nooksack Valley School District The future needs analysis above indicates that the Nooksack Valley School District's projected enrollment in 2036 can be accommodated by the current school facilities. Projects in the six -year planning period include replacing the Nooksack Valley Middle School (except the covered play area), expanding the Nooksack Elementary School (adding one kindergarten, three general classrooms and enclosing a covered play area), and replacing the Nooksack Valley High School. These projects are being funded by almost $28 million bond measure passed by the voters in February 2015 and state matching funds. The District also plans improvements to roofs, HVAC controls, gym floors and floor coverings over the six -year planning period. 513 Fire Protection The County is served by 15 different fire departments or districts, 13 of which serve unincorporated portions of the County: ■ City of Bellingham ■ Fire District 7 ■ Fire District 17 ■ City of Lynden ■ Fire District 8 ■ Fire District 18 ■ Fire District 1 ■ Fire District 11 ■ Glacier Fire District 19 ■ Fire District 4 ■ Fire District 14 ■ North Whatcom Fire and Rescue ■ Fire District 5 ■ Fire District 16 ■ South Whatcom Fire Authority The cities of Bellingham and Lynden have their own fire departments. There are urban growth areas (UGAs) within the boundaries of seven fire districts in the County. These seven districts serve the UGAs along with surrounding rural areas. Fire District 1 serves the cities of Everson and Nooksack. Fire District 7 serves the City of Ferndale and the Cherry Point UGA. Fire District 8 serves portions of the Bellingham UGA. Fire District 14 serves the City of Sumas and the Columbia Valley UGA. North Whatcom Fire and Rescue, which also provides service within the boundaries of Fire District 4, serves the City of Blaine, the Birch Bay UGA, the Lynden UGA (outside city limits) and portions of the Bellingham UGA. South Whatcom Fire Authority serves portions of the Bellingham UGA. Six fire districts serve rural areas and do not contain UGAs within their boundaries. These are Fire Districts 5, 11, 16, 17, 18 and 19. Each city and fire protection district is assigned a numeric fire protection rating (a Class 1 rating is considered best) by the Washington Surveying and Rating Bureau. Insurance companies fund the Bureau to perform on -site inspections of fire districts to determine the rating. The Bureau analyzes five areas: average response time, water supply, communication network, schedule of fire inspections, and existing conditions of fire stations. Fire station evaluations focus on the age of vehicles, amount of personnel training, and whether the facilities are staffed or not. Insurance companies use the fire protection rating to help determine insurance rates on all fire insurance policies. Quality of fire service can have a significant impact on fire insurance rates with the greatest impact experienced by commercial occupancies. In addition to fire protection services, the agencies listed here provide responses to medical emergencies. In fact, EMS calls account for the majority of the responses by most fire protection agencies. The City of Bellingham and Whatcom County operate the 911 emergency telephone system, called What -Comm. The initial call receiving site is located in Bellingham, and is responsible for dispatching most law enforcement agencies in Whatcom County. All fire and medical related calls 59 697 are forwarded to the Fire Dispatch Center located at Bellingham Fire Department's Broadway Street Station. The Fire Dispatch Center is responsible for dispatching all municipal fire departments and fire districts in Whatcom County. The Bellingham Police Department operates the What -Comm center and the Bellingham Fire Department operates the Fire Dispatch Center. Inventory of Current Facilities The table below summarizes the capital facilities for each fire district. It also includes each district's fire rating, service population and whether the District serves an urban growth area (UGA). Table 14.1 Fire Facilities Inventory Fire Protection Provider Number of Stations Fire Rating Service Area Population (2013) Serves UGA (YIN) City of Bellingham 7 2 3 82,203 Y City of Lynden 1 5 12,726 Y Fire District 1 2 7/8 10,796 Y Fire District 5 1 5 1,452 N Fire District 7 6 6/5 3 22,447 Y Fire District 8 2 5 7,779 Y Fire District 11 1 7 989 N Fire District 14 3 5_94 7,855 Y Fire District 16 3 8 1,616 N Fire District 17 2 5 1,364 N Fire District 18 2 6 2,132 N Glacier Fire District 19 1 7 425 N North Whatcom Fire & Rescue and Fire District 4 11 4/5 40,750 Y South Whatcom Fire Authority 5 5 12,782 Y 1 Fire rating is based upon the Washington Surveying and Rating Bureau (WSRB). 2 One of the 7 stations is a medic station that serves unincorporated areas of the County. 3 Fire rating for Cherry Point is 6 and fire rating for Ferndale is 5. 4 The WSRB ratings vary within Fire District 14 from 5 (in Sumas) to 9 (in outlying areas), depending on location and type of structure 60 698 Future Needs Whatcom County adopted a level of service (LOS) standard tied to response time and fire ratings in the Comprehensive Plan in 2011. The Whatcom County Comprehensive Plan contains the following LOS standards: Urban levels of service for fire protection shall be a response time of 8 minutes 80% of the time when the department covering the urban area has staffed the fire station. When the fire station is not staffed the response time shall be 10 minutes 80% of the time, or a WSRB Rating of a 6. Rural levels of service for fire protection shall be a response time of 12 minutes 80% of the time when the department covering the rural area has staffed the fire station. When the fire station is not staffed the response time shall be 14 minutes 80% of the time, or a WSRB Rating of an 8. Staffed stations shall be a fire station that is staffed 24 hours a day 7 days a week 365 days a year. Staff may be paid, volunteer, or combination of the two. Fire district capital facility plans submitted in 2011 or later will be reviewed against the new county -wide LOS standards. Whatcom County will consider incorporating information from fire district capital facility plans into the Whatcom County Comprehensive Plan, as they are approved by the districts. Table 14.2 LOS Analysis — Fire Departments and Fire Districts Serving UGAsl WSRB Rating Response Time Meets Fire District ; ' Standard Standard Adopted LOS? City of 8 minutes 80% of the time for Yes2 Bellingham Fire the Bellingham UGA Department City of Lynden 8 minutes 80% of the time for Yes3 Fire the Lynden UGA Department Fire District 1 6 for the 10 minutes 80% of the time for Yes' Everson and Nooksack the Everson and Nooksack UGAs UGAs 8 for rural areas 14 minutes 80% of the time for rural areas Fire District 7 8 minutes 80% of the time for Yes5 the Ferndale UGA and Cherry Point UGA 12 minutes 80% of the time for rural areas Fire District 8 8 minutes 80% of the time for Nob the Bellingham UGA 12 minutes 80% of the time for rural areas Fire District 14 6 for the Columbia Valley 10 minutes 80% of the time for Yes' & Sumas UGAs the Columbia Valley & Sumas UGAs 8 for rural areas 14 minutes 80% of the time for rural areas North Whatcom 8 minutes 80% of the time for Yes8 Fire and 8 for rural areas the stations serving the UGAs Rescue and (unstaffed stations) (outside city limits) Fire District 4 12 or 14 minutes 80% of the time for rural areas (depending on whether the station is staffed or not) South Whatcom 8 for rural areas 8 minutes 80% of the time for Yes9 Fire Authority (unstaffed stations) the Bellingham UGA 12 or 14 minutes 80% of the time for rural areas (depending on whether the station is staffed or not) The Fire Districts also serve rural areas located outside UGAs. Final EIS Whatcom County 2016 Comprehensive Plan and Development Regulations Update and Urban Growth Areas Review (November 2015, p. 3-17). Final EIS Whatcom County 2016 Comprehensive Plan and Development Regulations Update and Urban Growth Areas Review (November 2015, p. 3-17). Whatcom County Fire District # 1 Capital Facilities Plan (August 2015). Whatcom County Fire District No. 7 Capital Facility Plan 2016-2036 (February 2016). Current responses times to portions of the Bellingham UGA are not within the LOS standards. However, the LOS will be met with planned improvements set forth in the Whatcom County Fire District #8 Capital Facilities Plan (June 2013). Whatcom County Fire District #14 Capital Facilities Plan (August 2015). North Whatcom County Fire & Rescue and Fire District # 4 Capital Facilities Plan (May 2016). Final EIS Whatcom County 2016 Comprehensive Plan and Development Regulations Update and Urban Growth Areas Review (November 2015, p. 3-19). 62 11 700 Table 14.3 LOS Analysis — Fire Districts Serving Rural Areas WSRB Rating Response Time Meets Fire District Standard Standard Adopted LOS? Fire District 5 14 minutes 80% of Yes' the time Fire District 11 14 minutes 80% of Yes' 8 the time Fire District 16 14 minutes 80% of Yes' 8 the time Fire District 17 14 minutes 80% of Yes' 8 the time Fire District 18 14 minutes 80% of Yes' 8 the time Glacier Fire 14 minutes 80% of Yes' District 19 o the time 1 Final EIS Whatcom County 2016 Comprehensive Plan and Development Regulations Update and Urban Growth Areas Review (November 2015, pp. 3-18 and 3-19). Capital Projects and Funding Capital Project Funding Fire Districts usually fund needed capital improvements through a combination of revenue sources. These can include property tax levies, cash reserves, capital bond proceeds, mitigation fees, fire impact fees and other sources. The State of Washington authorizes fire districts to levy both "regular" and "special" property taxes to support their operational and capital needs. As part of the regular property tax levy, a fire service provider is authorized to levy a property tax at a total maximum rate of $1.50 per $1,000 of assessed value. However, the total maximum aggregate "regular" property tax levy by local taxing agencies in an area may not exceed $5.90. Occasionally, all local levies will total more than this limit. In this case, "junior" taxing districts, including fire districts, must follow state statute to lower their levy rate so that the total aggregate rate does not exceed the statutory limit. Fire districts may also pass "special" property tax levies for short-term periods without a statutory maximum levy limit. Fire impact fees may be collected on new residential and commercial development to fund facility improvements, provided that the County and/or city governments adopt ordinances authorizing such impact fees. 701 Capital Projects A summary of the capital projects for the fire departments and districts serving UGAs are provided below. City of Bellingham Fire Department The City of Bellingham Fire Department serves area within the city limits and will serve the UGA upon annexation. Currently, the Bellingham Fire Department assists in providing service to the City's UGA through mutual aid response agreements with Fire Districts. The Draft Bellingham Comprehensive Plan Capital Facilities and Utilities Chapter (2016) contains $495,997 in Fire Department capital improvement projects over the six -year planning period (2017-2022). These projects include replacing medic units and equipment. These costs will be paid from the Medic One fund. There are also a number of unfunded projects including the fire boathouse, Fire Station 1 remodel, fire training center, new fire station, and replacing fire engines, a ladder truck, medic units and support vehicles. City of Lynden Fire Department The City of Lynden Fire Department serves area within the city limits and will serve the UGA. Currently, the City of Lynden Fire Department assists in providing service to the City's UGA through mutual aid and automatic aid agreements with North Whatcom Fire and Rescue. The Draft Lynden Capital Facilities Plan (2016) contains approximately $8,020,000 million in capital improvement projects over the 20-year planning period. These projects include a new fire station, training facility, air unit, adding a third ambulance and a variety of apparatus and vehicle replacement purchases. Capital facility funding sources include property tax, sales tax, ambulance utility fees, transport fees, plan check fees, and impact fees. Fire District # 1 Fire District # 1 serves the Everson UGA, Nooksack UGA and surrounding areas. The Whatcom County Fire District # I Capital Facilities Plan (August 2015) contains approximately $9.5 million in capital improvement projects over the 20-year planning period (pp. 14 and 15). These projects include Station 81 replacement (Everson), Station 82 remodel and storage building (Lawrence Rd.), and a variety of apparatus and vehicle purchases. Capital facility funding sources include property tax revenues, a bond measure, other district revenues and grants (pp. 12 and 13). Fire District # 7 Fire District # 7 serves the Ferndale UGA, Cherry Point UGA and surrounding areas. The Whatcom County Fire District No. 7 Capital Facility Plan (February 2016) contains approximately $19.2 million in capital improvement projects over the 20-year planning period (pp. 22-24). These projects include station improvements, a Department Training Center, and a variety of apparatus and vehicle purchases. Capital facility funding sources include property tax revenues, bonds, grants, reserves and potentially mitigation fees (pp. 24-26). sa 702 Fire District # 8 Fire District # 8 serves a portion of the Bellingham UGA and surrounding areas. The Whatcom County Fire District # 8 Capital Facilities Plan (June 2013) contains approximately $9.8 million in capital improvement projects over the 20-year planning period (pp. 17-18). These projects include Station 31 replacement (Marine Dr.), Station 34 improvements (McKenzie Rd.), a new station (Kwina Rd.), and a variety of apparatus and vehicle purchases. Capital facility funding sources include District revenues such as property taxes, bonds, property sales, mitigation fees, funds from the Lummi Nation, funds from the City of Bellingham, and grants (pp. 13-15). Fire District # 14 Fire District # 14 serves the. Sumas UGA, Columbia Valley UGA and surrounding areas. The Whatcom County Fire District # 14 Capital Facilities Plan (August 2015) contains approximately $6 million in capital improvement projects over the 20-year planning period (pp. 17-18). These projects include station improvements, land purchase, and a variety of apparatus and vehicle purchases. Capital facility funding sources include annual revenues such as property taxes, reserves, mitigation fees and grants (pp. 13-15). North Whatcom Fire & Rescue / Fire District 4 In 2011, North Whatcom Fire and Rescue (also known as Fire District 21) completed a functional consolidation with Whatcom County Fire District 4 whereby NWFR provides management and all operation services through a contract with District 4. North Whatcom Fire & Rescue now provides service to the Blaine UGA, Birch Bay UGA, Lynden UGA (outside of city limits), and a portion of the Bellingham UGA. A single capital facilities plan has been developed for the two Districts. The North Whatcom Fire & Rescue and Fire District # 4 Capital Facilities Plan (May 2016) contains approximately $59.6 million in capital improvement projects over the 20-year planning period (pp. 9 and 10). These projects include a new station, upgrading/remodeling existing stations, and a variety of apparatus and vehicle purchases. Capital facility funding will primarily come from capital bond proceeds (p. 13). South Whatcom Fire Authority The South Whatcom Fire Authority was formed in 2009 after voters approved a consolidation of four smaller fire districts. South Whatcom Fire Authority serves portions of the Bellingham UGA and surrounding areas. The District has five existing station and five fire engines. In 2016, the District is asking voters to approve a $1.96 million bond to replace three of the District's five fire engines. 65 703 Solid Waste (County) State law requires each county within the state, in cooperation with the various cities located within the county, to prepare a coordinated, comprehensive solid waste management plan. The purpose is to plan for solid waste reduction, collection, handling, management and programs designed to meet the needs of the county and cities (RCW 70.95.080). The Whatcom County Health Department is the lead planning agency for solid waste management in the County. The Health Department's Solid Waste Division is responsible for several program areas encompassing waste prevention, economically efficient recycling and disposal systems, litter control, hazardous waste education and disposal opportunities, monitoring the county's closed landfills, comprehensive planning, and providing support for the Whatcom County Solid Waste Advisory Committee. The County prepared a Draft 2016 Whatcom County Comprehensive Solid and Hazardous Waste Management Plan (Jan. 2016) which serves as the basis for the solid waste component of the Capital Facilities Plan. Inventory of Current Facilities The County's solid waste system is a combination of private and public entities. Solid waste handling facilities in Whatcom County currently include two primary transfer stations, five drop box collection stations, one public -use and one private moderate -risk waste fixed facility (for small business and household hazardous waste collection), one vactor waste transfer station, and approximately 13 composting and recycling facilities (both permitted and non -permitted). Additionally, there are three anaerobic digesters (one of which requires a permit), three biosolids land application facilities, three private industrial landfills, and six landfills in post -closure status. The two primary transfer stations are located within the City of Ferndale. Municipal solid waste transported to these transfer stations, by either self -haulers or one of two local certificated haulers, is transported to landfills located outside of Whatcom County. While exempt from the need to obtain permits, recycling facilities are important to the system in Whatcom County, particularly, Northwest Recycling, Inc., which is presently one of the largest facilities offering residential and commercial recycling. The table below lists solid waste facilities in the County that are part of the solid waste permit system. 66 704 Table 15.1 Exiting Solid Waste Facilities with Permits Facility Operator Location Primary Transfer Stations RDS Transfer Station Recycling & Disposal 4916 LaBounty PI, Ferndale, WA 98248 Services, Inc. RDC Transfer Station Regional Disposal Co Drop Box Collection Stations SSC Birch Bay-Lynden Drop Box Facility SSC Cedarville Drop Box Facility SSC Roeder Ave Drop Box Facility Nooksack Valley Disposal Drop Box Facility Sanitary Service Sanitary Service Sanitary Service 1524 Slater Rd, Ferndale, WA 98248 4297 Birch Bay Lynden Rd, Blaine, WA 98230 Cedarville Rd, Bellingham, WA 98226 1001 Roeder Ave, Bellingham, WA 98225 Nooksack Valley Disposal, 250 Birch Bay-Lynden Rd, Lynden, WA Inc. 98264 Cando Recycling Transfer Station 2005 Johnson Rd, Point Roberts, WA 98281 Moderate -Risk Waste (MRW) Facility, Public Use Whatcom County MRW Facility Whatcom County Health 3505 Airport Dr, Bellingham, WA 98226 Department Moderate -Risk Waste (MRW) Facility, Private Use Seattle City Light MRW Facility Seattle City Light 500 Newhalem St, Rockport, WA 98283 Vactor Waste Transfer Station City of Bellingham Vactor Waste Transfer City Of Bellingham Public 2140 Division St, Bellingham, WA 98226 Station Works Composting Facility (permitted) Green Earth Technology Composting Facility Alsand Enterprises 774 Meadowlark Ln, Lynden, WA 98264 Anaerobic Digester (permitted) Edaleen Cow Power, LLC Edaleen Cow Power, LLC 9593 Guide Meridian, Lynden, WA 98264 Biosolids Land ApplicationFacilities Tjoelker Enterprises Biosolids Facility Tjoelker Enterprises 1530 Burk Rd, Blaine, WA 98230 Shannon Tjoelker Biosolids Facility 1687 Burk Rd, Blaine, WA 98230 Lil John Biosolids Facility 9497 Hill Rd, Sumas, WA 98295 Source: Draft EIS Whatcom County 2016 Comprehensive Plan and Development Regulations Update and Urban Growth Areas Review (March 2015, pp. 4-255 and 4-256) Future Needs The forecast of municipal solid waste (MSW) generation is based upon the solid waste generation projections in the Draft 2016 Whatcom County Comprehensive Solid and Hazardous Waste Management Plan (Section 2.3.8, pp. 23-26). The table below shows projected total MSW generated, the amount of this waste anticipated to be disposed, and the amount anticipated to be recycled. 67 705 Table 15.2 Solid Waste Generation Forecast Year Total MSW Generated (tons) Total MSW Disposed (tons) Total MSW Recycled (tons) 2013 249,189 135,134 114,055 2022 305,000 160,000 145,000 2036 405,000 203,000 202,000 Source: The solid waste that was deposited in landfills and recycled for 2013 is from the Draft Whatcom County Comprehensive Solid and Hazardous Waste Management Plan (2016, page 24). The projections for 2022 and 2036 are contained in an e-mail from Jeff Hegedus, Environmental Health Supervisor with the Whatcom County Health Department (March 10, 2016). The County uses waste generation forecasting as a vital element of solid waste management planning. The County uses this data to help address waste prevention, recycling and special waste issues. The County updates its waste generation models periodically and uses them in conjunction with program and facility planning and evaluation. Capital Projects and Funding Currently, the only County capital facility is the Whatcom County Moderate -Risk Waste Facility on Airport Dr. Whatcom County Solid Waste Division has no capital projects for County facilities. However, the Draft 2016 Whatcom County Comprehensive Solid and Hazardous Waste Management Plan states "... The County will continue to work with the private solid waste service providers to ensure that facility capacity is constructed in advance of need ..." (Section 2.3.8, p. 25). Q1L iiiiiiiiiiiii'llilI III 11111111111111111P This section discusses Whatcom County's Capital Facilities Revenue for County -provided facilities and services. It assumes the County continues to be responsible for Birch Bay and Columbia Valley. Introduction The purpose of this financial analysis is to support the financing plan for the Capital Facilities Plan (CFP) that is required by RCW 36.70A.070(3). These revenue estimates have been developed to assist in project prioritization and planning, and represent realistic, but not exact, estimates of revenue available for the CFP., Estimated future revenues have been projected for the Plan's 2017-2036 time period, in year of expenditure dollars2. These revenues have been grouped according to the following categories: ■ Undedicated Transportation Revenues — are composed of Road Fund revenues from the following sources: county road property tax levy, motor vehicle fuel tax allocations, and other undedicated transportation revenues including state timber sales, County Arterial Preservation Grant, Federal Forest Title I entitlement payments, forest excise tax, and minor miscellaneous sources. ■ Dedicated Capital Transportation Revenues — these revenues are required by law to be used for specific types of capital expenditures. ■ Other Capital Revenues — these revenues must be used for capital, but they are not transportation specific. They include Real Estate Excise Tax (REET), Rural Counties Public Facilities Tax, Conservation Futures, Parks State Grants, Stormwater State and Federal Grants. ■ Potential Policy Options — these policy options may make additional capital revenues available to the County via policy changes. Some of the funds discussed in this analysis may be used to fund the maintenance and operations of existing capital facilities or to construct new ones. However, if maintenance and operations costs of existing facilities increase faster than the revenues that support them, jurisdictions are confronted with difficult decisions regarding whether to fund these costs, at the expense of building new capital projects, or to adjust Level of Service (LOS) standards. Those decisions will be made by the County Council and executive leadership of the County according to the County's needs and opportunities. 1 The revenue estimates are not intended to be precise forecasts. Exact funding levels are difficult to predict given the uncertainties of funding sources. The estimates discussed in this section are to be used for planning purposes; actual revenues are highly sensitive to local, state, and federal policy decisions; personal choices of residents; economic cycles and other market forces. 2 Year of expenditure dollars have been inflated to the year in which they are expected to be received. 69 707 Assumptions The revenue projections included in this analysis are based on the assumption that all city UGAs in Whatcom County will be annexed by their respective cities by the end of the study period, and that Birch Bay, Cherry Point and Columbia Valley will remain unincorporated for the duration. To the extent that a city's UGA represents land that is needed to accommodate the next 20 years of projected growth, and that actual patterns of growth are in line with the patterns envisioned in the Comprehensive Plan, one would expect that most or all of these areas will be annexed during the study period. The schedule at which annexations will occur is unknown; therefore, for purposes of this study they are assumed to occur in equal increments each year. Assuming complete annexation also gives this analysis the most conservative estimate of future revenues. A discussion of the implications of more scaled -back levels of annexation follows the base revenue projections. Undedicated Transportation Revenues Undedicated transportation revenues are unrestricted Road Fund revenues. These revenues are used to fund administration, engineering, road maintenance & operations, ferry operations and construction. About 19% of unrestricted road revenues are available for construction activities. A discussion of the major sources of these revenues follows: County Road Property Tax Levy This property tax is collected by Whatcom County specifically for transportation funding and accounts for a large portion of the County's transportation funds. Since the passage of Initiative 747 in 2001, property tax increases are restricted to 1.0% of the previous year's revenues plus new construction. In inflation -adjusted terms, revenues from property tax are actually declining, since the 1.0% allowed increase does not keep pace with inflation (which has averaged 2.53% for the period 1990 - 2015). If a jurisdiction does not adjust the Property Tax levy rate annually to collect the full 1.0% allowed increase in revenues, the difference between the collected value and the legally -allowed 1.0% increase becomes "banked capacity" which may be collected in future years. Currently Whatcom County has banked capacity of approximately $1.8 million. For this portion of the analysis we have assumed that the County will not increase the levy rate to collect this banked capacity, nor will they collect the allowed 1.0% increase, but will continue to collect funds at a level equal to the previous year's revenues, plus new construction. By not taking the maximum allowed annual revenue increase, the County's banked capacity will increase each year. State Motor Vehicle Fuel Tax Counties and cities receive a portion of the State Motor Vehicle Fuel Tax (MVF) based on a complex reimbursement formula that includes population, road maintenance and reconstruction costs, and annual needs. The State of Washington increased fuel taxes each year during the period of 2005-2008 but most revenues went to state projects while funding to the County has only increased marginally since 2006 from $3.7 million to $3.9 million. The Legislature increased gas taxes again in 2015, with another increase taking effect in 2016, these increases are also not 70 Qjf;] expected to significantly impact County revenues. Revenues from this funding source are forecast to increase modestly at 1.89% per year. Other Undedicated Transportation Revenues The State Legislature increased the County Arterial Preservation funding to Whatcom County from $420,000 per year to $515,000 in 2012. This funding source has increased in small increments to $577,822 in 2015. It is forecast to increase in line with the Motor Vehicle Fuel Tax at 1.89% per year. Federal Forest — Title I revenue has been decreasing in recent years and is expected to be phased out by the federal government within a few years. Forest excise tax (previously known as private harvest tax) and state timber sale revenues fluctuate based on market conditions. Other undedicated sources include delinquent property taxes, leasehold excise tax, and minor miscellaneous amounts. For purposes of this study, forest excise tax, timber sales and other undedicated sources have been combined and projected based on the average of the amounts received in the last six years from these sources. Figure 16-1. Whatcom County Undedicated Transportation Revenues 1993.2036* $8,000,000 $7,000,000 _._. ....... .. $6,000,000 -- -- $5,000,000 Iy $4,000,000 $3,000,000 _........_..___ _ _..___ _._ i _. _ .___ __.__,w_ ......_. _ _ .._ .. _ _...__ _ ......._ z i wUnrestricted Road Revenues for $2,000,000 r 9 i $1,000,000 ' $- I IY 1 r...__r., 1993 1996 1999 2002 2005 2008 2011 2014 2017 2020 2023 2026 2029 2032 2035 * 1993 — 2015 data represents actual undedicated transportation revenues used for construction and 2016 -2036 projected amounts of undedicated revenues available for construction activities. This study assumes Public Works will utilize 19% of its undedicated transportation revenues for capital projects. Federal and state grants were heavily utilized in the period of 2008 - 2014; therefore, less local funding was consumed. Excess revenues have been reserved in the Road fund balance. 709 Table 16-1 shows anticipated total Undedicated Transportation Revenues available for capital construction the next six years and the remaining 14 years of the planning period. Table 16-1. Projected Future Whatcom County Undedicated Transportation Revenues 2017-2036 72 Ii 710 Dedicated Capital Transportation Revenues Motor Vehicle Fuel Tax — Paths & Trails Revenues Beginning in 1997, one percent of the Motor Vehicle Fuel Tax is required by state law to go toward establishing and maintaining paths and trails for pedestrians, equestrians, and bicyclists. Based on average growth rate since inception, we have forecast revenues at an annual increase of 1.5% over the prior year. Figure 16-2 shows 1.0% of the historical MVF Tax revenue to the left of the dotted line, and projected revenues available for paths and trails capital to the right. Figure 16-2. Whatcom County MVF Tax Revenue 1993-2036 (Allocated for Capital Projects) $60,000 $50,000 $40,000 $30,000 $20,000 $10,000 1993 1996 1999 2002 2005 2008 2011 2014 2017 2020 2023 2026 2029 2032 2035 Table 16- 2 shows anticipated total Motor Vehicle Fuel Tax revenues available for path and trail capital projects for the next six years and the remaining 14 years of the planning period. Table 16-2. Projected Future Whatcom County Motor Vehicle Fuel Tax — Paths & Trails Revenues 2017-2036 13 711 Grants State Transportation Grants Grants are an important funding source for transportation capital projects; however, these funds are distributed in a competitive process making it difficult to project future grant funding levels. State grants are primarily funded with the state -levied portion of the MVF Tax. There have, in recent years, been increases in the State MVF Tax rate. However, many of these additional funds were earmarked for specific large projects, although there was some allocation to local jurisdictions. The Transportation Partnership Act of 2005 provided some additional funds to the Transportation Improvement Board and the County Road Administration Board, for a total of $80 million to be disbursed to local jurisdictions as grants over a 16-year period. However, these increases in funds are very small relative to demand, with requests to the Transportation Improvement Board overreaching available funds. For this analysis, recent historical grant revenue trends were considered. Assumptions: These revenues have been estimated on a per capita basis on the assumption that over time a jurisdiction will generally receive its "fair share" of available grant revenues. Since 1993 Whatcom County has averaged $6.72 per capita in grant revenues per year. However, this number has been lower in recent years averaging $5.60 per capita since 2006. This analysis assumes $5.60 per capita in the future with no annual increase. Total revenues are therefore expected to change on pace with changes in population. For this analysis average annual dollars are assumed in each year. However, in reality these dollars will vary greatly from year to year since they are awarded on a project -specific basis. Figure 16- 3 shows historical state grant revenues to the left of the dotted line, and projected revenues to the right. 712 Figure 16-3. Whatcom County State Transportation Grant Revenues 1993.2036 (Allocated for Capital Projects) $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 S- I I I 1 I 1 I 9 ' 1 E � Z I A i ;- t r r� IL -, ---,State Grant 1993 1996 1999 2002 2005 2008 2011 2014 2017 2020 2023 2026 2029 2032 2035 Table 16- 3 shows estimated total state grant revenues for the next six years and the remaining 14 years of the planning period. Table 16-3. Projected Future Whatcom County State Transportation Grant Revenues 2017- 2036 (Allocated for Capital Projects) Federal Transportation Grants Federal transportation grants are funded through the federal portion of the fuel excise tax. The federal gas tax rate has fluctuated between $0.183 and $0.184 per gallon since 1993. The majority of these funds are deposited into the Highway Trust Fund and disbursed to the states through the Highway and Mass Transit Accounts. As with state grants, these funds are distributed in a competitive process making it difficult to determine future grant funding levels. Assumptions: Since 1993 Whatcom County has received an annual average of $26.07 per capita of federal grant funding. Lacking an increase in the federal gas tax rate, future average annual per 75 713 capita federal grant dollars are estimated to remain at that rate with no annual increase. As with state grant dollars, changes in total revenues are expected to occur at the rate of change in the population. In addition, average annual dollars are assumed in each year while in reality these dollars will vary greatly from year to year since they are awarded on a project -specific basis. Figure 16- 4 shows historical federal grant revenues to the left of the dotted line, and projected revenues to the right. Figure 16-4. Whatcom County Federal Transportation Grant Revenues 1993-2036 (Allocated for Capital Projects) $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 1993 1996 1999 2002 2005 2008 2011 2014 2017 2020 2023 2026 2029 2032 2035 Table 16- 4 shows anticipated total federal grant revenues for the next six years and the remaining 14 years of the planning period. Table 16-4. Projected Future Whatcom County Federal Transportation Grant Revenues 2017- 2036 (Allocated for Capital Projects) Table 16-5 shows total projected transportation revenues for Whatcom County. Table 16-5. Projected Total Transportation Revenues 2017-2036 (Allocated for Capital Projects) 76 714 Other Capital Revenues Real Estate Excise Tax Real Estate Excise Tax (REET) revenues are levied in two portions and must be expended on capital projects. Since the REET is based on the total value of real estate transactions in a given year, the amount of REET revenues a county receives can vary substantially from year to year based on the normal fluctuations in the real estate market. During years when the real estate market is active, revenues are high, and during softer real estate markets revenues are lower. REET is levied in two parts, REET I (the first 0.25%), and REET II (the second 0.25%), for a total tax of 0.5% of total assessed value. REET I and REET II revenues must be spent on capital projects that are listed in a county's current capital facilities plan. The definition of capital facilities, according to RCW 82.46.010, for REET I funding is: those public works projects of a local government for planning, acquisition, construction, reconstruction, repair, replacement, rehabilitation, or improvement ofstreets; roads; highways; sidewalks; street and road lighting systems; traffic signals; bridges; domestic water systems; storm and sanitary sewer systems; parks; recreational facilities; law enforcement facilities; fire protection facilities; trails; libraries; administrative and judicial facilities... REET II generally follows the above guidelines, but is more restricted, as it may not be spent on recreational facilities, law enforcement facilities, fire protection facilities, trails not associated with parks, libraries, administrative facilities, or judicial facilities (RCW 82.46.035). Assumptions: This analysis assumes an average annual rate of turn -over of existing property at 6% in 2016. This rate increases at 0.5% per year until the normal turnover rate of 7.0% is reached in 2018. Normal turnover rate is based upon the average actual rate of turnover from the period of 1993 — 2015. REET revenues generally must be used for capital projects; however, modifications to RCW 82.46.010 and 82.46.035 allow counties to transfer up to $1 million per year for operations and maintenance of existing capital projects through 2016. Whatcom County has opted to transfer $1 million per year to the Parks Department under this provision. For purposes of this study, the $1 million in 2016 is assumed to be withdrawn from the REET II fund balance and will not affect revenue projections. This analysis assumes all REET revenues are available for the capital projects discussed in this plan. Figure 16- 5 shows historical Real Estate Excise Tax revenue to the left of the dotted line, and projected revenues to the right. n 11 715 Figure 16-5. Whatcom County Real Estate Excise Tax Revenues 1993.2036 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 1993 1996 1999 2002 2005 2008 2011 2014 2017 2020 2023 2026 2029 2032 2035 Table 16-6 shows anticipated total Real Estate Excise Tax revenues for the next six years and the remaining 14 years of the planning period. Table 16-6. Projected Future Whatcom County Real Estate Excise Tax Revenues 2017-2036 Rural Counties Public Facilities Tax (Rural Sales Tax) Washington State allows rural counties to impose a local sales tax to fund capital projects that have an economic development purpose and finance personnel positions in economic development offices. This tax, which is deposited in the County's Public Utilities Improvement Fund, is not an additional sales tax for residents, but rather is given to the jurisdiction in the form of a tax credit against the 6.5% state sales tax. Whatcom County began collecting the tax during 1999. It is currently levied at 0.09% in Whatcom County and is collected countywide. The law (RCW 82.14.370) states "For counties imposing the tax at the rate of .09 percent before August 1, 2009, the tax expires on the date that is twenty-five years after the date that the .09 percent tax rate was first imposed by that county." Whatcom County's expiration date is August 1, 2032. 7s 716 Assumptions: Because this tax is collected on retail sales we have based future projections on an assumed increase of 3.3% annual growth in taxable retail sales within the County. This rate is the taxable sales growth rate for Whatcom County for the period of 1994-20153. Revenues are assumed to be collected until August 1, 2032. Executive recommendations adopted by Council designate 30% of the proceeds of the tax revenue be used for County capital facilities. The remaining 70% is designated for economic development loans and grants to other government entities throughout the county (Economic Development Initiative — EDI). Figure 16-6 shows historical Rural Counties Public Facilities Tax revenue for County capital facilities to the left of the dotted line, and projected revenues to the right. Figure 16-6. Whatcom County Rural Counties Public Facilities Tax Revenues 2000-2032 (Available for County Capital Facilities) $2,000,000 $1,750,000 $1,500,000 $1,250,000 $1,000,000 $750,000 $500,000 $250,000 1993 1996 1999 2002 2005 2008 2011 2014 2017 2020 2023 2026 2029 2032 2035 Table 16-7 shows anticipated total Rural Counties Public Facilities Tax revenues for County capital facilities for the next six years and the remaining 14 years of the planning period. 31994 is the first year of taxable sales date available on the Department of Revenue website. 717 Table 16-7. Projected Future Whatcom County Rural Counties Public Facilities Tax Revenues 2017-2036 (Available for County Capital Facilities) Conservation Futures Revenues for Parks In accordance with RCW 84.34.230, the County can impose a countywide property tax levy of $.0625 per thousand dollars assessed valuation for the purpose of purchasing open space and future development rights. The current levy rate is $.041756 per thousand. Assumptions: For planning purposes, the amount of the levy to be set aside for park and trail acquisitions is 5% of the current year levy after consideration is made for the purchase of a Lummi Island Heritage Trust conservation and access easement for $400,000. Future property tax levy increases have been projected at the historical 1997 — 20154 growth rate of 2.9% per annum. Figure 16-7 shows actual usage of Conservation Futures funding for park acquisitions to the left of the dotted line, and projected usage of future revenues to the right. Figure 16-7. Conservation Futures Revenues 1993 — 2036 (Available for Parks Capital Acquisitions) $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 1993 1996 1999 2002 2005 2008 2011 2014 2017 2020 2023 2026 2029 2032 2035 Table 16-8 shows anticipated Conservation Futures funding for Parks capital projects for the next six years and the remaining 14 years of the planning period. 4 Large percentage increases in 1993 —1996 assessed valuations precluded using data from those years. 718 Table 16-8. Projected Future Conservation Futures Revenues 2017 — 2036 (Available for Parks Capital Projects) Parks State Grants Parks grants are applied for through the Washington State Recreation and Conservation Office. These funds have traditionally been quite limited and are distributed in a competitive process making it difficult to determine future grant funding levels. For this analysis, historical grant revenue trends were considered. Assumptions: These revenues have been estimated on a countywide per capita basis on the assumption that over time the County will generally receive its "fair share" of available state grant revenues. Since 1993 Whatcom County has averaged $.16 per capita in grant revenues per year. This analysis assumes that funding level will continue in the future with no annual increase. Total revenues are therefore expected to change on pace with changes in population. For this analysis average annual dollars are assumed in each year. However, in reality these dollars will vary greatly from year to year since they are awarded on a project -specific basis. Figure 16- 8 shows historical state grant revenues to the left of the dotted line, and projected revenues to the right. 719 Figure 16-8. Parks State Grant Revenues 1993-2036 (Allocated for Capital Projects) $120,000 __._.._. i $100,000 3 of 3,x ' $80,000 — k -- g "�S re � ^ 5 a $60,000 - $40,000 f a '> Vt e s State Grant.. IWI 1993 1996 1999 2002 2005 2008 2011 2014 2017 2020 2023 2026 2029 2032 2035 Table 16-9 shows anticipated state grant revenues for Parks capital projects for the next six years and the remaining 14 years of the planning period. Table 16-9. Projected Future State Grant Revenues 2017 — 2036 (Available for Parks Capital Projects) Stormwater State Grants The Whatcom County Stormwater Fund was established in 2009 to account for projects and programs which protect water resources, improve water quality, and reduce impacts from stormwater runoff in the unincorporated areas of the county. State stormwater grants are applied for through the Washington State Department of Ecology. Assumptions: These revenues have been estimated on a per capita basis on the assumption that over time a jurisdiction will generally receive its "fair share" of available grant revenues. Since 2009 Whatcom County has averaged $3.18 per capita in grant revenues per year. This analysis conservatively assumes that a $3 per capita rate continues in the future with no annual increase. Total revenues are therefore only expected to change on pace with changes in population. sz 720 For this analysis average annual dollars are assumed in each year. However, in reality these dollars will vary greatly from year to year since they are awarded on a project -specific basis. Figure 16-9 shows historical state grant revenues to the left of the dotted line, and projected revenues to the right. Figure 16-9. Stormwater State Grant Revenues 2009-2036 (Allocated for Capital Projects) $1,200,000 $1,000,000 -- iF zt $800,000 �1 I $600,00041, I' $400,000 t ,` t , V i $200,000 1 I i State Grant Revenues f 1993 1996 1999 2002 2005 2008 2011 2014 2017 2020 2023 2026 2029 2032 2035 Table 16-10 shows anticipated state grant revenues for Stormwater capital projects for the next six years and the remaining 14 years of the planning period. Table 16-10. Projected Future State Grant Revenues 2017 — 2036 (Available for Stormwater Capital Projects) Stormwater Federal Grants The Whatcom County Stormwater Fund was established in 2009 to account for projects and programs which protect water resources, improve water quality, and reduce impacts from stormwater runoff in the unincorporated areas of the county. Federal stormwater grants are applied for from the Environmental Protection Agency. Assumptions: These revenues have been estimated on a per capita basis on the assumption that over time a jurisdiction will generally receive its "fair share" of available grant revenues. Since 2009 Whatcom County has averaged $.95 per capita in grant revenues per year; however, federal grant 721 funding has been more sporadic than state funding. This analysis assumes a $.95 per capita rate that continues in the future with no annual increase. Total revenues are therefore only expected to change on pace with changes in population. For this analysis average annual dollars are assumed in each year. However, in reality these dollars will vary greatly from year to year since they are awarded on a project -specific basis. Figure 16-10 shows historical state grant revenues to the left of the dotted line, and projected revenues to the right. Figure 16-10. Stormwater Federal Grant Revenues 2009.2036 (Allocated for Capital Projects) $500,000 $400,000 $300,000 $200,000 $100,000 1993 1996 1999 2002 2005 2008 2011 2014 2017 2020 2023 2026 2029 2032 2035 Table 16-11 shows anticipated federal grant revenues for Stormwater capital projects for the next six years and the remaining 14 years of the planning period. Table 16-11. Projected Future Federal Grant Revenues 2017 — 2036 (Available for Stormwater Capital Projects) Total Other Capital Revenues Table 16-12 summarizes total other capital revenues for the next six years and the remaining 14 years of the planning period. 84 722 Table 16-12. Projected Total Other Capital Revenues Total Capital Revenues Table 16-13 summarizes total capital revenues (transportation and other) available for the next six years and the remaining 14 years of the planning period. Table 16-13. Projected Total Capital Revenues Impact of Reduced Levels of Annexation Based on the structures used for each revenue projection outlined above, if the UGAs in Whatcom County were not completely annexed by the end of the study period, revenues would increase from the base, 100% annexation assumption. All else being equal, Whatcom County would have more assessed value of real property in the unincorporated parts of the County, leading to higher road levy and REET revenues. It would also retain more population in the unincorporated areas of the County, leading to higher state and federal transportation grant revenues. Road Levy Banked Capacity As discussed in the first section of this analysis, if a jurisdiction does not increase the Property Tax levy rate annually to collect the full 1.0% allowed increase in revenues, the difference between the collected value and the allowed 1.0% increase becomes "banked capacity" which may be collected in future years. Currently Whatcom County has banked capacity of approximately $1.8 million, which means that the County could increase the levy rate to raise this much additional revenue annually. If the County chooses not to take this banked capacity, it increases each year. Under this scenario, by the end of the study period (2,036), total estimated banked capacity would be about $6.7 million. Stormwater Management Revenue Whatcom County's stormwater management programs address state and federal water quality mandates and localized drainage and flooding problems that affect urbanized landscapes. These include, but are not limited to, design and construction of stormwater facilities, enhanced development standards, aggressive maintenance schedules, and regular facility inspections associated with the Lake Whatcom Total Maximum Daily Load (TMDL) and the County's 85 723 National Pollutant Discharge Elimination System (NPDES) Phase II permit. Stormwater management programs are supported locally by the Road Fund, Real Estate Excise Tax Fund II, Flood Control Zone District Fund, and Birch Bay Watershed and Aquatic Resources Management District. State grants are a substantial revenue source, particularly for the capital program. Future stormwater management services may require additional revenues between year five and the end of the 20-year planning period. At the present time, it cannot be accurately predicted what the appropriate allocation of local revenues and the availability of state and federal funds will be for that period. New revenues collected explicitly for stormwater management may be needed. Transportation Impact Fees Impact fees are a financing tool that requires new development to pay a portion of the costs associated with infrastructure improvements that are "reasonably related" to that development. The GMA allows agencies to develop and implement a transportation impact fee program to help fund some of the costs of transportation facilities needed to accommodate growth. State law (Chapter 82.02 RCW) requires that impact fees be related to improvements to serve new developments and not existing deficiencies; assessed proportional to the impacts of new developments; allocated for improvements that reasonably benefit new development; and spent on facilities identified in the Capital Facilities Plan. Legally, financing for improvements that will serve the new development cannot rely solely on impact fees and must include other sources of public funds, and the fees must be structured in a manner that ensures that funds collected do not exceed a proportionate share of the costs of improvements reasonably related to new development. The County has studied implementation of a transportation impact fee but no policy direction on this revenue source has been adopted yet. If the County were to implement this fee, revenues would vary based on the chosen fee rate and the types and amount of development that occurs. Park Impact Fees The same state law that authorizes transportation impact fees described above also authorizes the County to adopt impact fees for parks and recreational facilities. The same rules and conditions for transportation impact fees would apply to park impact fees. Existing Fund Balances Table 16-14 presents existing fund balances as of 1/1/2016 which are potentially available to support capital projects: 86 724 Table 16-14. Fund Balances Potentially Available For Capital Projects as of 1/112016 Fund Name Balance Applicable to: General 3,000,000 Facilities Road 16,000,000 Transportation Chemical Depend/Mental Health 3,000,000 Facilities Conservation Futures 2,465,082 Parks Real Estate Excise Tax I 3,251,460 Facilities Real Estate Excise Tax II 1,591,369 Parks & Stormwater Rural Sales Tax 414,500 Facilities 2010 Jail Improvements 733,734 Facilities Superior Ct 41h Judge Courtroom 143,897 Facilities New Jail Project 1,738,147 Facilities Courthouse Building Envelope 250,000 Facilities Lummi Nation Lease 1,997,378 Transportation Birch Bay Lynden/Portal Way Signal 124,685 Transportation Rural Rd Safety Program 38,257 Transportation Slater Rd Intersections 388,218 Transportation Dakota Creek Bridge No 500 359,860 Transportation Lake Whatcom Blvd Re -surfacing 993,863 Transportation Hannegan Rd Structural Overlay 595,240 Transportation Academy Rd Stormwater 107,107 Stormwater Totals 37,192,797 725 Estimated revenues from transportation sources within the six -year time period (2017-2022) have been compared to capital project costs. The six year Capital Improvement Plan includes $48,708,185 of capital costs and this study presents $45,348,483 of potential revenues plus $18.2 million of available transportation fund balances. Parks and stormwater capital improvement requests over the next six years total $10,099,000. Funding sources, including grants, REET II, and available fund balance amounts total $17,120,521. In addition, Birch Bay Watershed and Aquatic Resources Management (BBWARM) District, which is an entity separate from Whatcom County, is requesting to use a small amount of REET II funding for their projects. Their projects over the six year period total $3,015,000. They are requesting $40,000 of REET II from available fund balance amounts. The District's own funding sources will cover the other $2,975,000. New sheriff's office facilities are estimated at $19,040,000 to be financed by non -voted bonds and paid back from General Fund sources. New jail facilities are estimated at $112,000,000 to be financed by non -voted bonds and paid back from new voter -approved sales taxes. The County's current non -voted debt capacity is $365 million. Regarding other general capital facilities, sources over the 2017-2022 Capital Improvement Plan period total $35,103,842 whereas needs total $26,622,563. Table 16-15. 2017 — 2022 Revenues Available to Fund the Six Year CIP Transportation Revenues $ 7,449,641 $ 7,494,983 $ 7,540,443 $ 7,586,081 $ 7,615,872 $ 7,661,463 .. I $ 45,348,483 Tota $113,292,284 Real Estate Excise Tax $ 4,001,421 $ 4,346,068 $ 4,382,913 $ 4,419,759 $ 4,456,604 $ 4,493,450 $ 26,100,214 $ 66,777,064 Rural Sales Tax $ 1,115,334 $ 1,152,140 $ 1,190,161 $ 1,229,436 $ 1,270,008 $ 1,311,918 $ 7,268,997 $ 14,996,035 Conservation Futures $ 54,204 $ 55,776 $ 57,394 $ 59,058 $ 60,771 $ 62,533 $ 349,736 $ 1,092,028 Parks State Grants $ 34,509 $ 34,990 $ 35,478 $ 35,972 $ 36,474 $ 36,983 $ 214,406 $ 575,304 Stormwater Grants $ 356,948 $ 358,038 $ 359,101 $ 360,144 $ 361,157 $ 362,144 $ 2,157,532 $ 5,157,111 Total Capital Revenues $13,012,057 $13,441,996 $13,565,490 $13,690,449 $13,800,886 $13,928,490 $ 81,439,368 $ 201,889,825 In addition to this CFP and the County's Comprehensive Plan Economic Element, the County has also engaged in an economic development strategy through the Economic Development Investment (EDI) Program. The program plans for and funds infrastructure including but not limited to roads, bridges, water facilities, sanitary sewer facilities, and storm sewer facilities. Economic development planning efforts also resulted in a report entitled the Whatcom County Comprehensive Economic Development Strategy (CEDS) (March 2015) which identifies goals and strategies for growing the Whatcom County economy without sacrificing its natural assets. The CEDS identifies and prioritizes actions for achieving its goals. It also identifies projects, including their cost and potential funding sources, that are needed to help the County achieve its economic development goals. Executive recommendations adopted by the County Council designate 70% of the Rural 726 Counties Public Facility Tax be set aside for economic development loans and grants to governmental entities throughout the county. NOTES: 1. This draft Whatcom County 20-Year Capital Facilities Plan will continue to be updated, as city and special district plans are updated and submitted to the County. 2. The existing Whatcom County 20-Year Capital Facilities Plan will be repealed in its entirety. 727 July 12, 2016 Appendix E - 20-year Capital Facilities Plan Page and line numbers reflect Planning Commission Recommended Draft (http://wa- whatcomcounty.civicplus.com/DocumentCenter/View/18696). To improve clarity of Councilmember requested changes, previous edits (i.e. staff and Planning Commission) are included, but not show as edits. 1) p. E-11: Maintain Sheriff's Office adult corrections facilities and headquarters to provide a safe environment for the community, staff and inmates... Existing facilities may be expanded, remodeled, and/or new facilities developed in response to iAGFeasIng changing need. (Mann)(consistent with Chapter 4) 2) p. E-11; "Future Needs": Most Sheriff's Office functions are currently based in the Public Safety Building adjacent to the Courthouse and are remote from the majority of Sheriff's Office Bureau of Law Enforcement and Investigative Services functions that take place in unincorporated Whatcom County. This results in inefficiencies and delays. Space and design factors in current facilities preclude consolidating various functions performed throughout the agency (reception, finance, etc.) and result in redundancies. seeau-se of these issues, is%`ng SheFlic'r. nu:,.,, r�_�..a..A �.___.._.Y ���:I:a:....\ ...�J .... L.....a..J .... �L... ..:�.. ..i �.M............we...d r....., fai4. (Mann) 3) p. E-11; "Capital Projects and Funding": A new or remodeled Sheriff's Headquarters facility—yee- is proposed within the six -year planning period. The Sherdff!s eest appFON"mately $19 million, paid with bond PFG_G_P_P_d__r- that 46veuld be Fep (Mann) 4) p. E-12: Maintain adequate facilities for daily emergency management activities and, during an emergency or disaster, for the emergency operations center. The facilities will provide sufficient space for activities relating to emergency/disaster planning, mitigation, response and recovery. Existing facilities may be expanded, remodeled, and/or new facilities developed in response to iAGFeasii;g changing need. (Mann) (consistent with Chapter 4) 5) p. E-13: Maintain Sheriff's Office adult corrections facilities and headquarters to provide a safe environment for the community, staff and inmates. The number of jail beds in adult corrections facilities will be determined after review of multiple factors, including projected population growth, State sentencing laws, 728 July 12, 2016 alternative programs, treatment diversion programs, early release programs, the need to separate violent inmates, the need to separate inmates by gender, the need to separate inmates by other classification considerations, average length of stay, peak inmate populations and available funding. Existing facilities may be expanded, remodeled, and/or new facilities developed in response to inGFeasing changing need. (Mann) (consistent with Chapter 4) 6) p. E-13; bottom of page — E-14 top of page: In an effort to- Meet the eGrAmunity need, the GoURty As an interim measure, existing correction facility improvements are planned so that these buildings can continue to function until the new or remodeled jail is completed. The cost of the improvements to the existing jail facilities is approximately $3,000,000, which would be paid from the Jail Improvement Fund and the General Fund. (Mann) 7) p. E-15: Maintain juvenile detention facilities and alternative corrections programs to provide safe and secure methods to provide accountability and support for minors who break the law. Existing facilities may be expanded, remodeled, and/or new facilities developed in response to *Affeas+ag changing need. (Mann) (consistent with Chapter 4) 729 us D (PROPOSED TO BE REPLACED IN ITS ENTIRETY WITH THE ATTACHED) 730 Planning Commission Recommended Draft May 26, 2016 Appendix F - Six -Year CIP 2017-2022 Six -Year Capital Improvement Program For Whatcom County Facilities 2017-2022 Whatcom County Comprehensive Plan F- 1 731 Planning Commission Recommended Draft May 26, 2016 Appendix F - Six -Year CIP 2017-2022 Fable of Contents Chapter 1 - Introduction................................................................ 3 Chapter 2 - Parks, Trails, and Activity Centers .................................. 5 Chapter 3 -Maintenance and Operations .......................................... ii Chapter 4 - General Government Buildings and Sites ........................12 Chapter 5 - Sheriff's Office.............................................................14 Chapter 6 - Emergency Management................................................16 Chapter 7 - Adult Corrections.........................................................17 Chapter 8 - Juvenile Detention........................................................19 Chapter 9 - Transportation............................................................20 Chapter 10 - Stormwater Facilities..................................................22 Chapter 11 - Total Costs................................................................25 Whatcom County Comprehensive Plan F- 2 732 Planning Commission Recommended Draft Mav 26. 2016 Appendix F - Six -Year CIP 2017-2022 Chapter 1 — Introduction The Growth Management Act requires that the County's Comprehensive Plan include a "capital facilities plan element" (RCW 36.70A.070(3)). The Whatcom County Comprehensive Plan calls for the County to develop and update the Six -Year Capital Improvement Program (CIP) for County projects every two years. The main purpose of the Capital Improvement Program is to identify priority capital improvement projects and estimated costs, outline a schedule for project completion, and designate funding sources for these projects based on a review of existing and projected population and revenue conditions for the six year planning period. Growth Management Act Requirements According to the Growth Management Act, a county's capital facilities plan must include five items, which are shown below. A. An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities. Current inventories of existing County capital facilities, based upon information provided by various County departments, are included in each chapter of this document. B. A forecast of the future needs for such capital facilities. Chapter 4 of the Whatcom County Comprehensive Plan establishes numerical "level of service" standards for County parks and trails and contains policies relating to other County facilities. Capital facility needs are forecasted over the six -year planning period by applying the adopted level of service standards to the expected population in the year 2022 and by considering other relevant factors. C. Proposed locations and capacities of expanded or new capital facilities. General locations and capacities (trail miles, jail beds, etc.) of proposed County facilities are indicated in this document. D. At least a six -year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes. This Six -Year Capital Improvement Program presents costs and funding sources for proposed County capital facilities (all figures are in 2016 dollars). There are a variety of funding sources that the County utilizes to pay for capital facilities, including real estate excise taxes, the Public Utilities Improvement Fund (also known as the Rural Sales Tax Fund, Economic Development Initiative Fund or EDI Fund), Road Fund, state grants, federal grants and a variety of other funds. It is Whatcom County Comprehensive Plan F- 3 733 Planning Commission Recommended Draft Mav 26, 2016 Appendix F - Six -Year CIP 2017-2022 anticipated that the County's largest project in the six -year planning period, the new jail, will require voter approval of an additional revenue stream. E. A requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are l.00r uinatGu anu consL. Finally, in accordance with the Growth Management Act, a requirement to reassess the land use element of the Comprehensive Plan if probable funding falls short of meeting existing needs and to ensure consistency between plans already exists in the Comprehensive Plan (Policy 4A-4). Charter Provisions and the County Budget In addition to Growth Management Act provisions relating to capital facilities, Section 6.30 of the County Charter also requires the County to include a six -year capital improvement program as part of the budget. Appropriations for 2017-2018 capital projects may be included in the biennial budget or may be adopted through the supplemental budget process. Ultimate funding for capital improvement projects is subject to County Council authorization in the adopted budget. Costs identified for 2019-2022 are included for planning purposes and review of potential future needs, but not for budget authorization at this time. Whatcom County Comprehensive Plan F- 4 734 Planning Commission Recommended Draft Mav 26. 2016 Appendix F - Six -Year CIP 2017-2022 Chapter 2 - Parks, Trails, and Activity Centers Parks The 2016 inventory of County parks and open space areas is over 14,700 acres. This inventory is shown below. Existing Parks Existing . . Site No: Park Name and Location Acres. 1 Bay Horizon Park, 7467 Gemini St., Birch Bay 69.8 2 Boulevard Park, 471 Bayview Dr. 1.8 3 Broadway Beach Access, 7497 Birch Bay Dr. 0.1 4 Canyon Lake Community Forest 2,394.4 5 Chuckanut Mountain Park 973.1 6 Cottonwood Beach Access, 8191 Birch Bay Dr. 4.6 7 Deming Eagle Homestead Park, 5615 Truck Rd. 28.5 8 Hovander Homestead Park and Tennant Lake, 5299 Nielsen Rd. 338.3 9 Jackson Rd. Beach Access, Birch Bay 0.2 10 Jensen Family Forest Park, 8051 Stein Rd. 21.7 11 Josh VanderYacht Park, 4106 Valley Highway 2.2 12 Lake Whatcom Park, 3220 North Shore Rd. 4,686.5 13 Lighthouse Marine Park, 811 Marine Dr. in Point Roberts 24.3 14 Lily Point Marine Park, 2315 APA Rd. in Point Roberts 274.0 15 Little Squalicum Park, 640 Marine Dr. 13.7 16 Lookout Mountain Forest Preserve 4,430.3 17 Lummi Island Beach Access, 2198 N. Nugent Rd. 0.1 18 Monument Park, 25 Marine Dr. in Point Roberts 7.3 19 Northwest Soccer Park/Baseball & Softball Complex, 5238 Northwest Dr. 36.5 20 Nugent's Corner River Access, 3685 Mt. Baker Highway 16.5 21 Ostrom Conservation Site, 4304 South Pass Rd. 36.3 22 Point Whitehorn Marine Reserve, 6770 Koehn Rd. 55.3 23 Redwood Park, 3310 Redwood Ave. 0.2 24 Samish Park, 673 N. Lake Samish Dr. 26.4 25 Semiahmoo Park, 9261 Semiahmoo Parkway 304.0 26 Silver Lake Park, 9006 Silver Lake Rd. 410.4 27 Squires Lake Park, 2510 Nulle Rd. 82.3 28 Stimpson Family Nature Reserve, 2076 Lake Louise Rd. 376.1 29 Sunset Beach, 2580 West Shore Dr. on Lummi Island 5.4 30 Sunset Farm Park, 7977 Blaine Rd. 70.0 31 Ted Edwards Park, 4150 Oriental Ave. 3.6 32 Teddy Bear Cove Park, 1467 Chuckanut Dr. 8.8 33 Welcome Bridge River Access, 5585 Mosquito Lake Rd. 0.5 TOTAL 14, 703.2 Pursuant to RCW 36.87.130, there are also public access properties on right-of-way ends that intersect shorelines. Whatcom County Comprehensive Plan F- 5 735 Planning Commission Recommended Draft May 26, 2016 Appendix F - Six -Year CIP 2017-2022 Future Needs A level of service of 9.6 acres of developed parkland for every 1,000 people in the County was adopted in the Whatcom County Comprehensive Plan. The County's existing parks will meet the adopted level of service over the six -year planning period. [However, the County is proposing park improvement projects to increase quality of existing park facilities and develop the Birch Bay Community Park to meet the longer term needs of a growing population. Proposed Improvement Projects Park improvement projects, totaling more than $2.2 million, are proposed over the six -year planning period. These costs would be paid by real estate excise taxes (REET), state grants, and the Nesset Foundation as shown in the table at the end of this chapter. Whatcom County Comprehensive Plan F- 6 736 Planning Commission Recommended Draft May 26, 2016 Appendix F - Six -Year CIP 2017-2022 Trails Whatcom County currently has 65.46 miles of trails in various locations throughout the County. This inventory is shown below. Existing Trails 1 Bay Horizon/Bay Crest Trail 0.75 2 Bay to Baker Maple Falls -Glacier 4.00 3 Canyon Lake Community Forest 7.01 4 Chuckanut Mountain / Pine & Cedar Lakes 15.52 5 Deming Homestead Eagle Park, Truck Rd. 0.30 6 Euclid Park 0.05 7 Hovander Homestead Park 3.20 8 Interurban, Chuckanut area 2.80 9 Jensen Family Forest Park, Stein Rd. and Birch Bay Lynden Rd. 0.67 10 Lake Whatcom Park 4.01 11 Lily Point, Point Roberts 4.16 12 Lookout Mountain Forest Preserve 4.11 13 Maple Creek Park, 7842 Silver Lake Rd., Maple Falls 1.28 14 Monument Park, 25 Marine Dr. in Point Roberts 0.35 15 Northwest Soccer Park Trail, Smith Rd. and Northwest Dr. 0.38 16 Ostrom Conservation Site, 4304 South Pass Rd. 0.56 17 Point Whitehorn Marine Reserve, 6770 Koehn Rd, Birch Bay 0.81 18 Samish Park, 673 N. Lake Samish 1.66 19 Semiahmoo Park 0.63 20 Silver Lake Park, 9006 Silver Lake Rd. 5.75 21 Squires Lake, 2510 Nulle Rd. 2.88 22 Stimpson Family Nature Reserve, 2076 Lake Louise Rd. 4.02 23 Sunset Farm, 7977 Blaine Rd. 0.56 TOTAL 65.46 Future Needs A level of service of 0.60 miles of trails for every 1,000 people in the County was adopted in the Whatcom County Comprehensive Plan. With projected population growth in Whatcom County over the next six years, about 72 additional miles of trails would be needed by the year 2022 to serve the people of Whatcom County. Proposed Improvement Projects Trail improvement projects and associated facilities, totaling more than $3.5 million, are proposed over the six -year planning period. These costs would be paid by REET and grants as shown in the table at the end of this chapter. These projects would add 32 trail miles (the South Fork Park Trails project would add 4 miles and the Lake Whatcom Re -conveyance Land Trails project would add 28 miles). Potential acquisitions are also being considered that may add another 44 trail miles within the six -year planning. Whatcom County Comprehensive Plan F- 7 737 Planning Commission Recommended Draft May 26, 2016 Activity Centers F - Six -Year CIP 2017-2022 There are currently 13 activity centers that provide a variety of year-round programs for various age groups. The activity center inventory is shown below. Existing Activity Centers 1 Bay Horizon, 7511 Gemini Street 2 Bellingham Senior Activity Center, 315 Halleck Street 3 Blaine Community Senior Center, 763 G Street 4 East Whatcom Regional Resource Center, 8251 Kendall Rd. 5 Everson Senior Center, 111 W. Main Street 6 Ferndale Senior Center, 1998 Cherry Street 7 Lynden Senior Center, 401 Grover Street 8 Plantation Rifle Range, 5102 Samish Way 9 Point Roberts Senior Center, 1487 Gulf Road 10 Roeder Home, 2600 Sunset Dr. 11 Sumas Senior Center, 461 2nd Street 12 Van Zandt Community Hall, 4106 Valley Highway 13 Welcome Senior Center, 5103 Mosquito Lake Rd. Note: The Blaine, Everson, Lynden and Sumas Centers are owned by these respective cities. The Point Roberts Center is owned by the Point Roberts Park District. Whatcom County provides and/or contracts for senior activities and recreational programming at these centers. Future Needs The Whatcom County Comprehensive Plan does not contain a level of service standard for activity centers. Rather, Comprehensive Plan Policy 4F-5 states: Continue to provide and support activity centers, including senior centers, to serve the growing population of Whatcom County by the following methods, as needed, which are listed in priority order: (1) implementing programming changes, (2) adding space to existing centers, and/or (3) establishing new centers. The County will budget for improvements to such facilities as needed. Proposed Improvement Projects One activity center improvement project, costing $125,000, is proposed over the six -year planning period. These costs would be paid by REET and a state grant as shown in the table below. Whatcom County Comprehensive Plan 738 Planning Commission Recommended Draft May 26, 2016 Appendix F - Six -Year CIP 2017-2022 Six -Year Capital Improvement Program The park, trail and activity center projects planned over the next six years are shown below. Total Funding Parks 2017 2018 2019 2020 2021 2022 Cost Sources Birch Bay Community 3 Park Development 30,000 470,000 500,000 Hovander Park Buildings Demo & Site 2 Restoration 100,000 100,000 Hovander Park 2 Maintenance Building 50,000 125,000 175,000 Hovander Park Slough 2 Bridge 30,000 100,000 130,000 Lighthouse Marine Park Boat Ramp 2,3 Replacement 10,000 115,000 125,000 Lummi Island Overlook 2 Stairs 100,000 100,000 Maple Creek Bridge 2 Replacement 115,000 115,000 Nessett Restroom & 4 Bridge Improvements' 180,000 180,000 Parks Headquarters Water Distribution 2 System 50,000 50,000 Samish Park Lodge 2 Deck Replacement 50,000 50,000 Semiahmoo Facility 2 Remodel 50,000 50,000 Silver Lake Park Bridge 2 Replacement 35,000 175,000 210,000 Silver Lake Park 2 Improvements 20,000 200,000 200,000 420,000 Tennant Lake/Fragrance 2 Garden Walk & Irrigation 30,000 30,000 Whatcom County Comprehensive Plan F- 9 739 Planning Commission Recommended Draft May 26, 2016 Appendix F - Six -Year CIP 2017-2022 Trails Lake Whatcom Re- 2,3 conveyance Land Trails . 200,000 343,000 233,000 363,000 246,000 380,000 1,765,000 Lake Whatcom Trailhead 2 Improvements 195,000 780,000 975,000 Lake Whatcom 2,5 Trailhead Restrooms 110,000 110,000 Maple Falls Trailhead 70,000 400,000 470,000 2 South Fork Park Trails 209,000 209,000 2 Activity Centers Plantation Indoor 1 Range Renovations 125,000 125,000 TOTAL 1,139,000 698,000 603,000 2,423,000 446,000 580,000 5,889,000 1. REET I 2. REET II 3. State Grant 4. Nesset Foundation 5. Federal Grant Whatcom County Comprehensive Plan F- 10 740 Planning Commission Recommended Draft Mav 26, 2016 Chapter 3 — Maintenance and Operations Existing Maintenance and Operations Space Appendix F - Six -Year CIP 2017-2022 The 2016 inventory of maintenance & operations/facilities management space that serves the County is 44,411 square feet. This inventory is shown below. Existing Space SitC' NOc3Gtllty_111P»�gClare f2Et 1 Central Shop, 901 W. Smith Rd. (Maintenance and Operations) 35,773 2 316 Lottie St. (Facilities Management) 41978 3 Minimum Security Correction Facility - 2030 Division St. 3,660 (Facilities Management Storage) TOTAL 44,411 Future Needs The Whatcom County Comprehensive Plan does not contain a level of service standard for maintenance and operations. The County will budget for improvements to such facilities as needed. Proposed Improvement Projects Improvement projects at the Central Shop, totaling $400,000, are proposed over the six -year planning period. These costs would be paid by the road fund and shop services mark-ups as shown in the table below. Total Central Shop 2017 2018 2019 2020 2021 2022 Cost Vactor Truck Garage 300,000 300,000 Central Shop Exhaust System 100,000 100,000 TOTAL 300,000 100,000 400,000 Funding Sources 1. Road Fund 2. Shop Services Mark-ups Whatcom County Comprehensive Plan Funding Source 1 2 F- 11 741 Planning Commission Recommended Draft May 26, 2016 Appendix F - Six -Year CIP 2017-2022 Chapter 4 — General Government Buildings and Sites Existing Office Space The 2016 inventory of County government office space is 306,691 square feet at eight locations. This inventory is shown below. 1 Civic Center Annex (322 North Commercial) 30,000 2 Central Plaza Building (215 N. Commercial) 10,307 3 County Courthouse (311 Grand Avenue) 200,000 4 Forest St. Annex (1000 North Forest St.) 14,000 5 509 Girard St. 13,189 6 3373 Mt. Baker Highway 2,110 7 1500 N. State St. 16,820 8 Northwest Annex (5280 Northwest Dr.) 20,265 TOTAL 306,691 Future Needs The Whatcom County Comprehensive Plan does not contain a level of service standard for general government buildings. The County will budget for improvements to such facilities as needed. Proposed Improvement Projects Improvement and maintenance projects on existing buildings and sites over the six - year planning period total approximately $23.2 million as shown below. Whatcom County Comprehensive Plan F- 12 742 Planning Commission Recommended Draft May 26, 2016 Appendix F - Six -Year CIP 2017-2022 Total Funding 2017 2018 2019 2020 2021 2022 Cost Sources Courthouse Courthouse Projects (Alarm Upgrades, etc.) Exterior Maintenance Chambers Remodel 509 Girard Remodel 1500 N. State St. Remodel Civic Center 404,500 200,000 604,500 1,2 1 770,000 200,000 200,000 200,000 200,000 200,000 1,770,000 140,000 140,000 1,2 3,644,000 2,035,000 1,750,000 3,644,000 2,3,4 3,785,000 2,4,5 Remodel 2,253,000 2,253,000 6,7 Mental Health Triage Center New Facility 700,000 6,300,000 7,000,000 4,8,9 Northwest Annex Demolition 1,000,000 1,000,000 117 Multiple Locations 1,2 Maintenance Projects 500,000 500,000 500,000 500,000 2,000,000 Direct Digital Control 1 System Upgrades 336,063 336,063 1 Carpet Replacements 65,000 65,000 65,000 65,000 65,000 65,000 390,000 Interior Painting 50,000 50,000 50,000 50,000 50,000 50,000 300,000 1 TOTAL 4,382,500 12,830,063 3,565,000 815,000 815,000 815,000 23,222,563 Funding Sources 1. REET I 2. EDI 3. Girard Fund 4. Inter -fund Loan 5. State Street Fund 6. Civic Center Fund 7. Road Fund 8. Chemical Dependency/Mental Health Fund 9. Grants Whatcom County Comprehensive Plan F- 13 743 Planning Commission Recommended Draft May 26, 2016 Appendix F - Six -Year CIP 2017-2022 Chapter S — Sheriff's Office Existing Sheriff's Office Space The 2016 inventory of Sheriff's office space is 23,326 square feet. This inventory is shown below. EXISTING SHERIFF'S FACILITIES 1 Public Safety Building (311 Grand Ave) 15,102 2 Minimum Security Correction Facility (2030 Division St.) 6,000 3 Laurel Substation (194 W. Laurel Rd.) 1,800 4 East Whatcom Regional Resource Center (8251 Kendall Road) 144 5 Birch Bay Fire Hall 192 6 Nugent's Corner Fire Hall 88 TOTAL 23,326 Notes: The Sheriff's Office also has storage facilities at various locations in Whatcom County. The County has two mobile homes and an old detention facility in Point Roberts. The resident deputies operate out of their homes or utilize space at the U.S. Customs office at the border. Sheriff's Office facilities include shared space at local fire districts, which is rented or leased space not solely dedicated to Sheriff's Office use. This space is available depending on Fire District needs and is generally subject to change with short notice. Future Needs The Whatcom County Comprehensive Plan does not contain a level of service standard for Sheriff's Office facilities. Rather, Comprehensive Plan Policy 4D-2 is to: Maintain Sheriff's Office adult corrections facilities and headquarters to provide a safe environment for the community, staff and inmates.. . Existing facilities may be expanded or new facilities developed in response to increasing need. Most Sheriff's Office functions are currently based in the Public Safety Building adjacent to the Courthouse and are remote from the majority of Sheriff's Office Bureau of Law Enforcement and Investigative Services functions that take place in unincorporated Whatcom County. This results in inefficiencies and delays. Space and design factors in current facilities preclude consolidating various functions performed throughout the agency (reception, finance, etc.) and result in redundancies. Because of these issues, existing Sheriff's Office facilities and Whatcom County Comprehensive Plan F- 14 744 Planning Commission Recommended Draft May 26, 2016 Appendix F - Six -Year CIP 2017-2022 associated functions will be consolidated (except for "Resident Deputy" program facilities), and co -located on the site of the proposed new jail. Proposed Improvement Projects A new Sheriff's Headquarters facility, co -located with the proposed new jail on LaBounty Rd. in Ferndale, is proposed within the six -year planning period. The Sheriff's Headquarters facility would cost approximately $19 million, paid with bond proceeds that would be repaid from the General Fund, as shown below. Total Funding 2017 2018 2019 2020 2021 2022 Cost Source New Sheriff's 1 Office 3,808,000 3,808,000 3,808,000 3,808,000 3,808,000 19,040,000 TOTAL 3,808,000 3,808,000 3,808,000 3,808,000 3,808,000 19,040,000 Funding Source 1. Bonds (General Fund) Whatcom County Comprehensive Plan F- IS 745 Planning Commission Recommended Draft May 26, 2016 Appendix F - Six -Year CIP 2017-2022 Chapter 6 — Emergency Management Existing Emergency Management Space The 2016 inventory of Sheriff's Office, Division of Emergency Management space is 24,000 square feet, located at the Whatcom Unified Emergency Coordination Center (WUECC). Rented by and shared between bath Whatcoi�i C uliritji and tiie City �f Bellingham, the WUECC is comprised of 2,000 square feet of office space and an additional 22,000 square feet of support facilities (used for meetings, training, exercises, and during emergencies). The WUECC serves as the Emergency Operations Center for both the County and the City. EXISTING EMERGENCY MANAGEMENT/E®C FACILITIES ks- sw5�r�.gwx-.ksar<,�ab r..a.��V��L�3i,'�-��• ' �..�#��' ���°'+a.:e'�"%.�:�..�r,;�:'�'c. �`m�,`,'tii'�<?�._s��.vM`�'�w,��`,3�d���s.�3.�,,,�`�,t.,,�a...4.w.�ar_ �a:.�.. 1 Whatcom Unified Emergency Coordination Center 24,000 3888 Sound Way, Bellingham Future Needs The Whatcom County Comprehensive Plan does not contain a level of service standard for emergency management facilities. Rather, Comprehensive Plan Policy 4D-4 is to: Maintain adequate facilities for daily emergency management activities and, during an emergency or disaster, for the emergency operations center. The facilities will provide sufficient space for activities relating to emergency/disaster planning, mitigation, response and recovery. Existing facilities may be expanded or new facilities developed in response to increasing need. The County will budget for improvements to such facilities as needed. Proposed Improvement Projects There are no capital improvement projects planned or needed in the six -year planning period. Whatcom County Comprehensive Plan F- 16 746 Planning Commission Recommended Draft May 26, 2016 Appendix F - Six -Year CIP 2017-2022 Chapter 7 — Adult Corrections Existing Jail Facilities The County's Main Jail was designed and originally built to hold 148 beds, although with some limited remodeling and the use of double bunking, the operational capacity of the main jail should be for the use of 212 beds. Additionally, the jail is currently not in compliance with the Building/Fire Codes for double bunking, although a plan has been approved to bring it into compliance. Whatcom County completed construction of a 150 bed minimum security correction facility on Division St. in 2006. The Main Jail is located in the Public Safety Building next to the County Courthouse in downtown Bellingham and the Minimum Security Correction Facility is located in the Bakerview Rd. industrial area. EXISTING JAIL BEDS � 1 Public Safety Building (311 Grand Ave.) 283 2 Minimum Security Correction Facility (2030 Division St.) 150 TOTAL 433 Future Needs There are serious concerns among law and justice officials relating to jail facility needs in the community. This need has been documented by recommendations from the Whatcom County Law and Justice Plan Phase II Report (June 2000), in a report entitled Operational Review of the Whatcom County, Washington Jail (March 2004), in the Whatcom County Jail Planning Task Force Recommendations (Dec. 2011 and March 2012), and in the Whatcom County Adult Corrections Facilities & Sheriff's Headquarters Pre -Design Report (Sept. 2013). The Whatcom County Comprehensive Plan does not contain a level of service standard for jail facilities. Rather, Comprehensive Plan Policy 4D-2 is to: Maintain Sheriff's Office adult corrections facilities and headquarters to provide a safe environment for the community, staff and inmates. The number of jail beds in adult corrections facilities will be determined after review of multiple factors, including projected population growth, State sentencing laws, alternative programs, treatment diversion programs, early release programs, the need to separate violent inmates, the need to separate inmates by gender, the need to separate inmates by other classification considerations, average length of stay, peak inmate populations and available funding. Existing facilities may be expanded or new facilities developed in response to increasing need. Whatcom County Comprehensive Plan F- 17 747 Planning Commission Recommended Draft May 26, 2016 Appendix F - Six -Year CIP 2017-2022 Proposed Improvement Projects in an effort to meet the community need, the County plans to construct a new Adult Corrections Facility on LaBounty Rd. in Ferndale, tentatively scheduled to open with 521 beds. At the time this new jail is opened, the offenders at the minimum -security corrections facility would be relocated to the new facility. As an interim measure, existing correction facility improvements are planned so that these buildings can continue to function until the new jail is completed. The cost of the proposed new jail is approximately $112,000,000. The cost of the improvements to the existing jail facilities is approximately $3,000,000. These costs would be paid with bond proceeds that would be repaid with a new sales tax, the jail improvement fund, and the general fund as shown below. Total Funding 2017 2018 2019 2020 2021 2022 cost Source 1 New Jail 22,400,000 22,400,000 22,400,000 22,400,000 22,400,000 112,000,000 Existing Correction Facilities 2,3 Interim Fixes 1,200,000 1,800,000 3,000,000 Totals 1,200,000 24,200,000 22,400,000 22,400,000 22,400,000 22,400,000 115,000,000 Funding Sources 1. Bonds (New Sales Tax) 2. Jail Improvement Fund 3. General Fund Whatcom County Comprehensive Plan ► WE:4 MM Planning Commission Recommended Draft May 26, 2016 Appendix F - Six -Year CIP 2017-2022 Chapter 8 — Juvenile Detention Existing Juvenile Detention Facilities The 2016 inventory of County juvenile detention facilities includes 32 beds serving the county -wide population. The juvenile detention facility is located on the sixth floor of the County Courthouse at 311 Grand Avenue. EXISTING JUVENILE DETENTION BEDS 1 County Courthouse (311 Grand Ave.) 32 Future Needs The Whatcom County Comprehensive Plan does not contain a level of service standard for juvenile detention facilities. Rather, Comprehensive Plan Policy 4D-3 is to: Maintain juvenile detention facilities and alternative corrections programs to provide safe and secure methods to provide accountability and support for minors who break the law. Existing facilities may be expanded or new facilities developed in response to increasing need. The County will budget for improvements to such facilities as needed. Proposed Improvement Projects There are no capital improvement projects planned or needed in the six -year planning period. Whatcom County Comprehensive Plan F- 19 749 Planning Commission Recommended Draft May 26, 2016 Chapter 9 — Transportation Existing Roads F - Six -Year CIP 2017-2022 The 2015 inventory shows a total of 938.55 miles of County roads. Additionally, there are 217.5 miles of state highways in Whatcom County (including I-5). Therefore, there are approximately 1,156 miles of public roads in Whatcom County. Future Needs The Whatcom County Comprehensive Plan sets level of service (LOS) standards for County roads. Future traffic and the level of service for roads can be forecasted using computer -modeling software. The Whatcom Council of Governments forecasts future traffic utilizing a computer transportation model. This modeling effort will inform transportation planning in Whatcom County. Whatcom County accomplishes planning for County road improvements by approving a Six -Year Transportation Improvement Program each year, as required by RCW 36.81.121. Proposed Improvement Projects The Whatcom County Six -Year Transportation Improvement Program includes preliminary planning for three proposed new road projects: Horton Road Connector (between Slater Road Connector (between Lincoln Road extension (between Northwest Drive and Aldrich Road); Northwest Drive and Aldrich Road); and Harborview Road and Blaine Road). While these three projects are on the Six -Year Transportation Improvement Program, construction is not anticipated within the six -year planning period. Rather, preliminary engineering to determine project feasibility may be initiated within this time frame. The six -year plan also includes bridge replacements, reconstruction projects, and the Birch Bay Drive & Pedestrian Facility improvements, which include pedestrian and non -motorized enhancements along Birch Bay Dr. Whatcom County Comprehensive Plan F- 20 750 Planning Commission Recommended Draft May 26, 2016 Appendix F - Six -Year CIP 2017-2022 Existing Ferry Facilities Whatcom County currently has one ferry vessel serving Lummi Island. The ferry runs between Lummi Island and Gooseberry Point on a daily basis. Future Needs Whatcom County Comprehensive Plan Policy 6A-1 is to establish the following levels of service (LOS) for purposes of maintaining transportation concurrency: The Lummi Island Ferry Advisory Committee (LIFAC) is cooperating with Public Works to develop an updated LOS standard. LIFAC will present a revision to this section when that work is complete. The interim LOS is calculated using the scheduled trips, the estimated car units of the ferry and the Small Area Estimates Program (SAEP) population figure. The interim standard is established at 439 (LOS = (Scheduled one way trips X estimated car units for the boat) X 2/ Small Area Estimates Program Population figure from OFM for Lummi Island). The Special Programs Manager for the County Public Works Department confirmed that the ferry service currently meets and, over.the six -year planning period, should continue to meet the interim LOS standard. Proposed Improvement Projects The Six -Year Transportation Improvement Program includes construction of ferry dock improvements and preliminary engineering for upgrading the Whatcom Chief and replacing the Whatcom Chief. Total Transportation Costs The County plans to expend $48.4 million on transportation projects, including road and ferry projects, over the six -year planning period. In addition to these local funds, it is anticipated that funding will be received from the State and Federal governments. Whatcom County Comprehensive Plan F- 21 751 Planning Commission Recommended Draft May 26, 2016 Appendix F - Six -Year CIP 2017-2022 Chanter 10 — Stormwater Facilities Existing Stormwater Management Facilities The Public Works Department is responsible for design, engineering, and construction of county -owned stormwater facilities. Many stormwater facilities are road -related stormwater conveyance systems such as culverts and ditches on and adjacent to county roads. Others are off right-of-way facilities that control storm flows and improve water quality. In response to increasing federal and state mandates to manage stormwater and the public's desire to improve stewardship of sensitive watersheds, Whatcom County established a Stormwater group in the Surface Water Division of the Public Works Department in 2005. The Stormwater group is responsible for planning, designing, engineering, and construction of stormwater facilities. Inventories of existing Stormwater facilities are maintained by the Public Works Department. The Engineering Services Division maintains an inventory of all road -related facilities. The Stormwater group maintains an inventory of public and private stormwater facilities in the area covered by the County's NPDES Phase II permit for Municipal Separate Storm Sewer Systems.. This inventory includes ditches, culverts, catch basins, vaults, ponds, and swales. Completed stormwater construction projects since the Public Works-Stormwater group was created in 2005 are listed below. 1 Lake Whatcom Geneva Storrrw ater Retrofits 2006 ........ ......... .. . ............... .......... _....._._. ............ . . ........' 2 Lake Whatcom Cable Street Reconstruction & Stornw ater Improvements 2007 3 Lake Whatcom ? Lahti Drive Stormw ater kproverrents 2010 _. _.. _ . _ ..... ...... .... .......... .... _........ ......_... ................ .._... ..................... ............ .._ 5 Lake Whatcom Silver Beach Creek Improvements - West Tributary 2012 6 Lake Whatcom "Coronado -Fremont Storrrw ater Irrproverrents 2014 Lake Whatcom Coronado -Fremont Stormwater Improvements Whatcom County Comprehensive Plan F- 22 752 Planning Commission Recommended Draft May 26, 2016 Appendix F - Six -Year CIP 2017-2022 Whatcom County Public Works received an award for the West Tributary of Silver Beach Creek Stormwater Improvements (Existing Site No. 5 above). Silver Beach Creek experiences increased stormwater runoff and greater peak flows due to its developed landscape. This project was designed to substantially improve water quality and reduce flooding in an especially problematic reach of the creek. The project included reshaping and stabilizing the stream channel, installing water quality treatment swales, and installing stormwater vaults. These improvements filter phosphorus -containing sediment, alleviate flooding, 'reduce erosion, and promote infiltration. Project construction cost was approximately $500,000 and shared between local real estate excise tax (REST) revenues, a State of Washington Department of Ecology grant, and a federal EPA grant. Future Needs An increasing emphasis on the protection of sensitive watersheds has resulted in the adoption of comprehensive stormwater plans, including plans for Lake Whatcom and Birch Bay. The adopted plans identify work towards planning, design, engineering, and construction of capital projects intended to address stormwater issues. Proposed Improvement Projects Stormwater improvement projects, totaling more than $7.2 million, are proposed over the six -year planning period as shown below. These costs would be paid by the flood fund, BEET, state grants, and Birch Bay Watershed and Aquatic Resources Management (BBWARM) District funds. Whatcom County Comprehensive Plan F- 23 753 Planning Commission Recommended Draft Mav 26, 2016 Lake Whatcom F - Six -Year CIP 2017-2022 Total Funding S 2017 2018 2019 2020 2021 2022 Cost ources Agate Heights Estate/Bay Lane Water Quality Improvements 1,000,000 1,000,000 Sudden Valley Drainage System Upgrades and Outfall Retrofits 115,000 25,000 520,000 660,000 Silver Beach Creek Channel Restoration 150,000 50,000 550,000 750,000 Northshore Rd, East of City Limits Water Quality Improvements 150,000 50,000 600,000 800,000 Lowell Dr. and Cedarbrook Court Stormwater Improvements 150,000 50,000 600,000 800,000 Glen Cove Lane/Lakeside St. Water Quality Improvements 150,000 50,000 200,000 Birch Bay Harborview Phase Drainage Improvements 700,000 700,000 Harborview Phase II Drainage Improvements 80,000 585,000 665,000 Cottonwood Dr. Inlet Upgrade 100,000 100,000 Richmond Park Drainage Improvements 300,000 50,000 1,200,000 1,550,000 TOTAL 1,295,000 1,175,000 1,355,000 1,950,000 .800,000 650,000 7,225,000 Funding Sources 1. Flood Fund 2. REET II 3. State Grant 4. BBWARM Whatcom County Comprehensive Plan F- 24 1,2,3 `a 2 2 2 2 2,4 2,4 2,4 2,4 754 Planning Commission Recommended Draft Mav 26. 2016 Appendix F - Six -Year CIP 2017-2022 Chapter 11 — Total Costs Total Costs for the six -year planning period are shown below. .................... ............ Total -% of Total 2017 2018 2019 2020, ...,., 2021 2022 Cost ,.,. Cost .. Parks, Trails, and Activity Centers ....... 1,139,000 698,000 603,000 2,423,000 446,000 5 . _.: ..._. .Maintenance and Operations 300,000 100,000 0 0 0 0 400,000 0 18% .General Government Buildings and Sites 4,382,500 12,830,063 3,565,000 815,000 815,000 8......... 23,222,563.....__........._...._....... ........_.. Sheriffs Office 0 3,808,000 3,808,000 3,808,000 3,808,000 3,808,000 19040,000 :. 8.69% ........__ EmergencyManagement ....... 0 _. 0 _._..._ 0 ..__... .... 0 0 __._.. ___.. ....__.. 0 ......., 0.00%; :......_. ._......_ ......... ........_.. Adult Corrections _.___ ...... 1,200 000 ! ..__...... 24 200,000 ............ :..__.. 22,400 000 ........:..._ 22 400,000 . ........... 22 400,000 .........._...... .._'_....... 22,400 000 : ........' 115,000,000 ............ 52.47%. :Juvenile Detention 0 0 0 0 0 0 0 0.00 . Transportation _........ .._.... ...._. __.... _ ...._. 7,465,016 ._........ _.._. 7,696,432 ..._....... ........._.......... 7,935,021 ..__. _. ._ 8,181,007 _......._. _..._.._.. ..... _........ 8,434,618 ...__.... ............. ._.... 8,696,091 .............. . 48,408,185 ..._.. ... ......._: 22.09%. ....._... Stormwater Facilities 1,295,000 1,175,000 1,355,000 1,950,000 800,000 650,000 7,225,000 ! 3.30% TOTAL _.._.. ......_.'__ 15,781,516 _.__.... 50,507,495 ! ._......... _. 39,666,021 _.. _.. _...._._.i 39,577,007 _...._..... .......... 36,703,618 .... _........... 36,949,091 ....... _._..___...' 219,184,748 ........_.........i 100.00% The County plans to undertake capital improvement projects costing more than $219 million between 2017 and 2022. The Whatcom County Capital Facilities Revenue Analysis contains a plan to finance these capital facilities within the County's projected funding capacities. Whatcom County Comprehensive Plan F- 25 755 July 12, 2016 Appendix F - 6-year Capital Improvement Plan Page and line numbers reflect Planning Commission Recommended Draft (htt . wa- whatcomcounty.civicplus.com/DocumentCenter/View/18696 ). To improve clarity of Councilmember requested changes, previous edits (i.e. staff and Planning Commission) are included, but not show as edits. 1) p. F-13; in table: Remove demolition of Northwest Annex. (Brenner) 2) p. F-14; end of page — top of F-15: Most Sheriff's Office functions are currently based in the Public Safety Building adjacent to the Courthouse and are remote from the majority of Sheriff's Office Bureau of Law Enforcement and Investigative Services functions that take place in unincorporated Whatcom County. This results in inefficiencies and delays. Space and design factors in current facilities preclude consolidating various functions performed throughout the agency (reception, finance, etc.) and result in redundancies se -ea -use of these issues, existing s"""f�'s ^f'i^a "Resident jag - Proposed Improvement Projects A new or remodeled Sheriff's Headquarters facility, Go leGated with the fweposed new jail on LaBounty Rd. in PeFAdale, is proposed within the six -year planning period. The Sheriff!s 3) p. F-15: Remove table (Mann) 4) p. F-17; Existing Jail Beds table: Change Jail Bed count of the Public Safety Building from 283 to 212. (Brenner) 5) p. F-16: Maintain adequate facilities for daily emergency management activities and, during an emergency or disaster, for the emergency operations center. The facilities will provide sufficient space for activities relating to emergency/disaster planning, mitigation, response and recovery. Existing 756 July 12, 2016 facilities may be expanded, remodeled, and/or new facilities developed in response to inGFeasing changing need. (Mann) (consistent with Chapter 4) 6) p. F-17: Maintain Sheriff's Office adult corrections facilities and headquarters to provide a safe environment for the community, staff and inmates. The number of jail beds in adult corrections facilities will be determined after review of multiple factors, including projected population growth, State sentencing laws, alternative programs, treatment diversion programs, early release programs, the need to separate violent inmates, the need to separate inmates by gender, the need to separate inmates by other classification considerations, average length of stay, peak inmate populations and available funding. Existing facilities may expanded, remodeled, and/or new facilities developed in response to +easing changing need. (Mann) (consistent with Chapter 4) 7) p. F-18: Adult Ge-ri-ri-Peettions FaGllity en LaBounty Rd- in Fprndale, tentatively scheduled faGility- As an interim measure, existing correction facility improvements are planned so that these buildings can continue to function until the jail is expanded, remodeled, and/or new facilities developed in response to inseasing changing need. UP cart of the PFGpesed new jail is appFgKimately $112,000,000. The cost of the We the existing jail facilities is appFOXimately $3,000,000- Thpcp caqtc would be paid with bond PFOc;eeds that AAFOI Ild be repaid with a new sales tax, the jail iFAPFG_4_FP_.M_P_At_ fund, and the general fund as shown belaw (Mann) 8) p. F-18: Remove table (Mann) 9) p. F-19: Maintain juvenile detention facilities and alternative corrections programs to provide safe and secure methods to provide accountability and support for minors who break the law. Existing facilities may be expanded, remodeled, and/or new facilities developed in response to inc-Feasing changing need. (Mann) (consistent with Chapter 4) 757 (Proposal - delete the existing Appendix G and replace with a description of the County's water resource and salmon recovery programs) 758 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Planning Commission Recommended Draft January 14, 2016 Appendix G - Water Resources and Salmon Recovery Programs Appendix G Whatcom County Water Resource and Salmon Recovery Programs Contents Whatcom County Water Resource Programs...................................................... WRIA 1 Watershed Management Project........................................................ WRIA1 Joint Board.................................................................................. WRIA 1 Joint Policy Boards........................................................................ Local Integrating Organization(LIO)........................................................... WRIA 1 Planning Unit............................................................................... WRIA 1 Watershed Management Plan ......................................................... Lake Whatcom Watershed Management......................................................... Lake Whatcom Watershed Management Program ......................................... 1 2 2 2 3 3 4 7 20 Sudden Valley........................................................................................ 8 21 Groundwater Protection & Management........................................................10 22 Flood Hazard Management....................................................I.....................10 23 Organization...........................................................................................11 24 Pertinent Documents...............................................................................12 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Stormwater Management............................................................................12 County Stormwater Management Programs................................................12 Salmon Recovery Program.............................................................................15 WRIA 1 Salmon Recovery Strategy..............................................................15 Whatcom County Water Resource_Pr®grams WRIA _1Watershed uManaaementProiect The WRIA 1 Watershed Mana ement Pro�ect _i_s th_e _resu_I of the.....19.98.....Wa_shin to.n. _. g. 1 g Sta.............. .�....... ........... .......g .....................__ , _.. q p P 9 governmentstoaddress water quantity,tion__of a,ddressi_ngwater quality instream flows _ and fish habitat_ The ,WRIA _T1Watershe_d9 Mana ement _ Project_ has broughttogether__,_citizens,local .,.,,governmentsrtribes,, and „state and federalagencies to address theseissues_. Whatcom County Comprehensive Plan Apx G - 1 759 Planning Commission Recommended Draft January 14, 2016 Appendix G - Water Resources and Salmon Recovery Programs 1 The framework for watershed management in the state......is.__bas.e_.don.....___ e.o _ra_,_hc _ q_ .._...- . ............_......_..__. ......... g g p 2 areas known as Water Resource Inventory Areas (WRIAs).WRIA 1 includes the 3 NooksackRiver _basin _an_d.._severa_i___adjoining smaller_ watersheds, such as the, coastal, 4 drainages of_Dakota and California Creeks, as well as Lake Whatcom. 6 Watershed tannin in WRIA 1 started in 1998 with the si nin of a Memorandum 7 of,..._Agreemen_t_,,,,-(_MOA..)...,,,,_betty,e,,,e_nth_e„_...._Initiating.,,.,.._Gove.rnm_ents.IntheWR1 IA__._...the 8 Initiating Governmentsare Whatcom County_, City of Bellin ham Public Utility 9 District_ No. 1, Lummi Nation and Nooksack Tribe the latterjoini_„_n,.g,_slightly later 10 through aLetter of_Agreem_ent_ The role of the Initiating_ Governments was to 11 review a recommended Watershed Plan and fake it to their governments' councils 12 fo r__a.d_or t i o_n 13 14 WRIA 1 Joint Board 15 16 In 1999,_an Interlocal _ Agreement further formalized the government-to- 17 government relationship_._essential to thetribes' _participation in the process by 18 creati_n.g a.,Jomt,Board,,The Joint_Board is....comprised...of.the,Initi.atiag,.,_Gov„ernments_,, 19 includ..inq., the mayor ,of the, _City, ,of Bell_ingham,, executive .._for Whatcom County,, 20 manager.of.Public ,Utility District, No 1,__._and_„designated,_,_ policy__ representatives .o.f 21 Lumm,i Nation ,and Nooksack.T_ribe. The Board. manages th,e proiect's.„administrative. 22 functions such as contracts and ,budgets. Members of the Joint Board also sit on the 23 Joint Policy Boards. 24 25 1 WRIA 1 Joint Polio Boards 26 27 The WRIA 1 Joint Polic Boards are co ri.sed o................................ .. . 28 Board and Salmon Recovery Board. This organizational level interacts with federal 29 stat e and regional organizations at a olic -level and .. ..roves _, id_........ol_ic, __,___re_I_ated. 30 d,i_rection to _ stafffor purposes ofincor orat_inq regional issues into work Fans, 31 programs, etc.Additionally, he Joint Policy Boards: 32 Endorse _pro.grams/a_ctions to forward to_LegislativeBodies _,_as _applicable 33 Provide WRIA 1 programs poly icy direction 34 Meet and discuss watershed_ and salmon _prggram topics as 'ol int policy 35 boards withdecision-making of each p_ol _y board retained. 36 37 I Local Integrating Organization LIO) 38 39 The Whatcom Local Integratin,g_O�anization (LIO is a function of the_ WRIA 1 40 Watershed Joint Board and WRIA 1_Salmon Recovery Board Joint Policy Boards). 41 Local _intea rating organizations_are _desi,cnatedb_y_the Puqet Sound Partnership. The 42 two... WRIA ,1 Board_s accepted the _functi_on of,,,,the, Whatcom, LIO in, October 2.01.0. 43 und.er th.e. mtegrate_d program structure, _a,nd..was officia_Il.,y...reco.gnized 1.11by, .the Puget 44 Sound „ Partn,ersh P s. ,Lea_0ersh_ip Council ...i,n, November 2.010,, ""The....p.u,rpos_e of.. the 45 Whatcom ,,,_LIO,,is_,.to ,coordinate im.plem_entation,,,of,,,Pug,et ,.Sound, ,Acti_on .Agenda 46 pri,oridestha,t are consistent with or complement local priorities. One of its functions Whatcom County Comprehensive Plan ApxG-2 760 Planning Commission Recommended Draft January 14, 2016 Appendix G - Water Resources and Salmon Recovery Proarams 1 is toprovide ........._...._, a loc al update tohe „ ....._....._....,__,_t_Acti_o_n_Ag enda„forP_u._g_et_So,un_d........._L.o...cal,..._,u.p_da,t_e....s. _.... .. 2 are intended to ident� local priorities in the form of near-tterm actions. (NTAs),, 3 which are Driority actions with measurable, outcomesthatcan be implemented in 4 the _next two ears and that align_ lign ,_with strategies in the Action Agenda for Puget 5 Sound. 7 1 WRIA_1P,Iannincg Unit 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 TheIn_itiatina Governments establishedthe Planning Unit to ensure representation of__a_ __broad__ ra,ng_e___ of,_,„water_ resource interests. The Plann_in_gUnit'srole is to recomme_ndactionsfor a ,Watershed Plan and to contribute knowledge,interests, technica_I _expe.rtise. nd _other,.resou.rces.to its. development. The. Planning Unit is. made u.p _ of representatives_ from the Initiating Gov_,ernm, nts, _othe_r gove_rnments,, and_ van_ous caucuses , There a_re 16, total caucuses on the WRIA _1 Pla_nnmg, Unit. WRIA 1 Watershed Management Plan The WRIA_ 1 Watershed Manaq ment Plan was com Ipeted in ,2005 through the coo eration of local stakeholders.........and........, overn.me.nts... __,_It, rov_id.es.......a........_ro_ad_m.a.p.......fo_r. _P _ .. _ 9 p addressing water.,__ua..ntit,,_._..water_.._.u.alit._,.,,.,instrea_m,,,,_fl_ow.,..._a_n_d..fish.., h,a,b_itat,,,chal_I_en,ges_._ ........ .......g .............. g Y� g Y The goals of the....WRIA,,.1_._._ Watershed em.e_nt_„_,_P,ro'e_ct_.....are ..,...t_o....,.,h,ave.,,.._water of 9 g J sufficient ,quantity and_ qualm to meet the needs ofcurrent and future human generations, including the restoration of salmon steelhead, and trout populations toh_ealthy harvestable levels, and the improvement of, habitats on which fish and she_Llfish re''lY,,,These...._g.oals,are addressed m_ore.spe_cifi,callY WA ter,__. O.P.A. n_t_its._...-....To.,._assess.....wate_r__ to.__,meet, current_ a_nd_..future,_,_needs Th,e , strateg.ies, should retain o_r, _provide. adequate amounts of water to protect and restore fish habitat,_. provide water for future out -of -stream -uses, and ensure that adequate water supplies are available for agriculture,,,,,energY_roduction, and,__population and _economic growth ..._under_the..require.ments,of._the state .'s,Growth Management A...ct.... 42 Water Q.qpjJ t . 7 _,TO_„e,n_su_re___that..._th_e__ualit,,.,,,,_,ofo_u_r._wateris,..,s,uffic.i'entfo_r. 43 c_u_rre_nt_andfu_tu_re._„uses,..._i_n_cl_u.din.g,._._restori..n_ga_nd__p_rot_e_cti_ngwater .._ciu,a,itly",,to 44 meet the needs of salmon and shellfish, contact _recreational_ uses cultural 45 uses,protection of wildlife,prov_idinaaffordable, safe domestic water Whatcom County Comprehensive Plan Apx G - 3 761 Planning Commission Recommended Draft January 14, 2016 Appendix G - Water Resources and Salmon Recovery Proarams 1 s_u_p_p_I_ies.,_a.nd.._o_therben_efic.ia_I. uses,., The._. i_n.i,ti_a.l... o_bje_ctives...._of _the,__water..qual_i v 2 I management strategy will be to meet the water quality standards., 4 Instream Flow - To_,_supl?ly water in sufficient quantities to restore salmon, 5 s.teelhe.ad and trout o ul_ati.ons_____t_o...........hea..lth........._..a_n_d..........h_arvesta_b_I_e.........leve s_,_,...a.n_d. 6 J m..p.rove..._h_ab.hats....o_n_w_h.i_ch....fish _re_I_y.. 8 Fish Habitat To protect or enhance fish habitat in the management area 9 and to restore salmon steelhead and trout populations__to healthy and 10 harvestable levels and imi)rove habitats on which fish rely. 11 12 In......_2.0.1.0..F........ the ....._W.RIA_..._1.._J_oi.n.t........Board .......adopted..._._a.........w.ork.........p_I_a_n............_.bu_d..g_et _a_n.d........finan_ci,n.g. 13 strategy called the Lower Nooksack Strategy,...to ad,va.nc.e a,_,nec otlated,,,sett.lement 14 of Tribal and state in -stream water_,._ri_ _h_tsonthe..__ma_i_n_st_em,__of,th_e.....Nooksa_ck _...____...__._.________.....___...... 9 15 Riygr,_,while maximizing the economic and environmental benefits of out -of -stream 16 water use in the Lower Nooksack sub -basin. The Joint_ Board adopted the Lower 17 Nooksack Strategy consistent_ with WRIA 1 Watershed _Management Plan priorities. 18 Lower.,..N.o.o,ksa_ck_Strategy Objectives: 19 0 Develo and im lenient._..a........,ro_c_ess..._forn_e.ot.iaai.n...__settle_me.nt.....of,.water__ri_ghts ............. .._... ........p_......._. p 9 9 20 o,n..th_e.__M_ai,nstem,_._N_ooksa_ck.Ri_ver... 21 U,,pdate. and, _.venfy_.theLower Nooksack Riversub_-basin wate.r.. budq_et,.__and. 22 develop a groundwater model. 23 • Determine out -of -stream water user needs: 24 o Public water system needs determined by updated the Whatcom 25 County Coordinated Water System Plan (CWSP). 26 o Other out -of -stream user needs (e.g., agriculture, private domestic 27 wells, industrial, etc.) determined through a regional water supper 28 planning -process. 29 0 Continue and if appropriate, enhance targeted streamflow and water___ quality 30 sa_m Ip Lin. 31 • Advance work on tools that foster water resource allocationsconsistent with 32 long. -term economic andenviro.................... environmental land -use forimplementation i n ......._. _.....�...._._...___....,__.....__....____..._..............._„_...,_....__........., 33 fi_y.e. yea._rs, M 35 1 Lake,Whatcorn Watershed Management 36 37 38 39 40 41 42 43 44 45 Lake Whatcom is large ..__ _.___._ _ .. ..... ......... 9 p p for the Cit of Bellin _h_a_m,..,,_LakeW_h_atco_mW.ate_r....,and....Sewe_r _District,_ severa.l....,o.t_h_e_r smaller water districts._a..ssocati,o_ns a„nd,,_a_bo_ut,_250...,._h.oroes _t_h_at.,..draw wa_ter._dire_ctly from the lake. All to.l_0............. h_eIa.ke rovi_d_es _wa_t....r_._to...._.,. abo_ut......_h_a_I_f.,the ,po.p_u.la0o_ ........_.of. Whatcom. County. Whatcom County Comprehensive Plan ApxG-4 762 Planning Commission Recommended Draft January 14, 2016 Appendix G - Water Resources and Salmon Recovery Programs 1 Lake Whatcom..._isa...._m_u.ltile..__use,_,_I,a„_ke,.,..a_ndwa,te_rsh_ed.,,..In...,_a_d,d..i_tio_n...__to_......__roy,i_d_i_n..,.._wa_ter __...._...._..___._._.._. p . p 9 2 for ,drinking, _commercial and industrial uses the lake is used for _boating, 3 swimming, and fishin_g.The „----maiority of the watershed is forested, main 4 surrounding the large southernmost portion of the lake. Other land uses include 5 residential development a roximatel 5 0300 homes are located . within _.._th_e ........ ...... ....... p...... ...._.. . ..p_ . y...... , .._._... ....... ..._ . 6 watershed limited agriculture and commercial development arks and _oth_er .................._............................a�........................................__......g........................................... ._......................................................................................_............................................._........................ p......-_..................... .._....................... 7 pu_bI_icfacilities.,..,,..The_on„,-,go,i_n,g,,._m,a_n_a.g_e_me_nt__ch_a_Ilen_ge_____i_s_._tryin_g___to.,....._d_eter_m,i,n_e_._the 8 extent to which these practices can occur while maintainingsafe clean drinking 9 water. The challenge is furtheed to the 10 Endangered Species Act, tribal water rights,and the ,potential impact these issues 11 may have on how the Cit_y's diversion from the Nooksack River is operated. 12 13 The watershed contains four developed areas: the City of Bellingham, which 14 straddles the upper portion of the northern -most basin of the lake; Geneva, which 15 is immediately south and east of Bellingham's city limits and is part of the city's 16 urban growth area; Hillsdale, which is immediately north and east of Bellingham's 17 city limits and is also part of the city's urban growth areas; and the Sudden Valley 18 Rural Community. In addition, it includes a variety of other zones, including 19 resource, rural, and residential rural zones. liver -Outside_ the ._._Be.Il..in.g_h_a.m._._C.ity.....1_i_m_i_ts.,, 20 ap.proximatel..y._ 70075-% of the watershed is in Forestry zoning and more than 21 75%-73% of the current land use is forestry. 22 23 3n- 2® e-L-ake 24 Whateem—w —cho 8e er--thy zening 25 -7 26 c -in 27 J.a.n.u_a.ry.... of...._2OQ4. there .._c.ould.......be......a.......sig.n.i.fi.ca.nt._...am. u-nt.__of-.n.ew..-deve lop.m.e.n.t.._.in-the 28 watershed Water and sewer service are provided by the Lake Whatcom Water and 29 Sewer District--.Water----Dis-trict--10. Capacity problems in the district's sewer line, 30 which serves Geneva and Sudden Valley, have caused overflows into the lake in the 31 past. An aggressive program to preclude stormwater infiltration has eliminated the 32 overflow problems to a large extent. In addition, the district has a contractually 33 limited flow capacity to Bellingham. The Lake Louise Road sewage interceptor was 34 constructed in January 2003 to carry waste water from Sudden Valley and Geneva 35 and serves as a complement to the Lake Whatcom Boulevard trunk line. The 36 interceptor was designed to service full build -out of Sudden Valley and Geneva. 37 38 The__,City___,of___,Bel_li_ngham__an_dLake Whatcom_Water and__, Sewer District are 39 respo,nsible fo_r ensuring. drinking water standards.are_ met for„their custo_mers.....To. 40 date water supplies.. have consistently, met standards.. The ._abil,ity,_,to,,,,continue ,to 41 eco_nomically, meet drinking water standards requires..mai_ntaining. sour ce..water _that 42 requ_ires minimal treatment. For this reason the City of Bellingham_ maintains an on- 43 going source _ water monito_nnq pro,g_ram. Other agencies including Western 44 Washington University,, Department ofNatural Resou Wirces,Department_ of_ Fish_and 45 ldif ie,....._Da_ eprtment of _EcoloL .gy, ake, Whatcom Waterand___Sewe_r Dist_nct, ,.and, Whatcom County Comprehensive Plan ApxG-5 763 Planning Commission Recommended Draft January 14, 2016 Appendix G - Water Resources and Salmon Recovery Proarams 1 Whatcom Count.y.,..._h_ave_,._also..,.._co_n_ducted,,,_m_O_nito_ri_n_g_,..._st_ud,.ies,,,_,...a,n,d../-o_r..._eVal_u_ati,o,n_s_._._of 2 ( the lake and watershed. 3 4 Lake Whateem is the drinking water seuree for approximately half ef Whateeng 5 County. Rec-eflt--sS..tudies on Lake Whatcom c.o.n_ducted.,.,._o.v....e.r....._a,.,.,..._n,u,m_be-r..._of........years 6 indicate water quality in the lake has declined.- xyge-n--!wets-hg--L-a�"�� 7 declining to lower .... l.e-e-l.s. a.n.d....-a.re......d.ec.-li.n.in.g_.._fa.ste.r_--th.a..n.......i.n --the...-past In 1997T1.998, 8 the Washington State Department of Ecology listed Lake Whatcom as an impaired 9 water body and placed Lake Whatcom on the Federal Clean Water Act 303(d) list 10 because of low oxygen levels in the Lake and high bacteria levels in streams that 11 flow into the Lake. The 303(d) listing requires the establishment of a Total 12 Maximum Daily Loads (TMDLs).-�att des+g-n-a'�ading-c- city --of the- la-k-e-suc-h 13 that_...__th e re...___w.il.1..........be......_.n.o_......rneasura.b-l.e..__-ch a.nge ..__.i n.......oxyge.n._4eve.1.s..........frerrp......_.n.atu ra.l....._.I.a.k.e 14 co.n.d.i.t.i.e.n.s...... ..The..._TM.DL_...goals .......will-seq.u.i.re.....a.-._v.ari.e.ty__ef_..p.I.a..n.n.i.ng -p.oll.ut.ion......preventien 15 poFlutio.n-. red uctien---a.n.d..__tec--Finic-a4---a-ppreac-hes.--M-eeting--the-__-T-M.D.L..._.go.als..,_..,,fll.. be 16 The Department of 17 ed Total Phos horus and Bacteria Total 18 Ma,xi_m_u_.................ai1.................adsVolume1, W_a._ter QualityStudyFindins" in2008,Tsstud .,. ___,;,,..__..__. .__ ,,.,,,,_____.g_......_h,i.y 19 do.cum_ente_that.,,,_La ke,,,,,,Whatcomis._,__,impai_red „for „,di_ssolv_ed _oxygen_ ,. d,ue............. to 20 phosphorus loadinq_._a_n_d.._that_streams flowing into Lake Whatcom do not _meet _fecal 21 coliform.. bacteria standards. Loading _ca„pa_cities for total phg5pb_Qrus_, and bacteria, 22 reduction targets were set forth in this document. In_ 2013 The Department of 23 Ecology issued a draft "Lake Whatcom Watershed Total Phosphorus and Bacteria 24 Total Maximum Daily Loads: Volume 2, Water Quality Improvement Report and 25 Im lementation Strate "-in 2A .-8-; Th.is_re,...._o_r...,,_ident..,fies.__how.....muc_h,_,_....,h_os....._horus....ca,n _.__._..P.._______.....___... _...._........_......_. _ ...._.... _ ..9 v.__._._......_.......___..____._...... _ .. p p p 26 be.__discha.rged.,,,._toth_e......La_ke...._ and„_._i_d_entifies how the the,,..,ba,cte_ria,,,..,loa.d...._should ....._be....,.allocated , 27 betwee_n_. the __County_..._and City of._.._Bell_in_gham, ,in__order to_.__meet ._ water _.quality, 28 standards. 29 30 A significant cause of declining oxygen levels has been from residential 31 development in the watershed. Past development permitted by the City of 32 Bellingham and Whatcom County has led to increased phosphorus loading into the 33 lake, which stimulates algae growth. Bacteria. that .consume ,th_e,__d,yln,g__a_lgaedeplete 34 the..._dissol.yed_ oxygen, leading,,.to._.in turn has --led to -lower oxygen levels in the lake. 35 Past poorly managed forest practices may have led to significant increases in 36 phosphorus loading to the lake. 37 38 Therer€a sever-a� pe�dl�g stbd+visions-in the �reo-which-are being-propo d at-Ie�� 39 than full d-ri:t-yr,-but-1dhIch-w--is c cre-thrcov „ ru[-deve4opment-level-otts d(. 40 urban..._...a.re.a.s......... to, ....-a ..... s.i.g.n.i.fica..nt.........degree. Whatco-__. m_Coanty___has.__ta._ ken .._.�_a_.. .._nu_m_ber__.. ..of 41 a_cti.ons.to._reduce._.,Phos_phorus._an.d..._oth_e_rw_is_e___ad_d_ress..._La_ke.__Whatcom..._._wate_r.q_u.a_I-ity_._ 42 These include rezoning land to allow less development in the watershed, adoption 43 of the Lake Whatcom Comprehensive Stormwater Management Plan revising 44 stormwater management standards for private develooDment to significantly reduce 45 potential phosphorus runoff constructio_n.........of..._._sto_rmwater,.,.._ca -ita..l........,i,m, )rov,,e._me_nt �. ........ ....... .... p p Whatcom County Comprehensive Plan Apx G - 6 764 Planning Commission Recommended Draft January 14, 2016 Appendix G - Water Resources and Salmon Recovery Proarams 1 projects____and_._ado.ption_ of regulations that restrictthe application of commercial 2 fertilizers. 3 4 In 2014, approximately 8 800 acres of forest lands around Lake Whatcom were 5 tra_ns...ferred__...._to...,_„_Wh_atcom........_County..._..._fro_m,.___the_._...Wash_i_n..gto_n........._De.Dartm_ent...._of.._.._Natural. 6 Resources throu.gh.. reconve.yance ......_These, lands . will provide__ passive _ recreation. 7 o_rmo.rtunities with hikin and bikin trails connectin various communities 8 neighborhoods and parks throughout the watershed. Under County ownership, the 9 forests will be allowed to mature to an older growth environment benefiting the 10 watershed and helping to stabilize steep slopes that surround the lake. In-72 06--the 11 12 13 14 Th_ere. are T t.imllmm... statemfo.rest lands ::.in :T the T:Lake ::::`�h.atcom watershed.- In 2004, the 15 Department of Natural Resources (DNR) Board on Natural Resources adopted the 16 Lake Whatcom Landscape Plan. This plan provides additional protections on 17 remaining.. -state managed lands within the Lake Whatcom watershed. The plan 18 provides additional protections on streams and potentially unstable slopes not 19 normally included in forest practices in Washington State. I the-D"�R cx�Inges 20d.a.n.c1........fro m.........t.he------ watershed....._...the......_.protections._... provided. ...... by- -the .......p.l-a.n._.._.vw.o.u.ld....__not..._...-be 21 applicable to the-new..._o�ner 22 23 Lake Whatcom Watershed, Manaagement..Program 24 25 A varlet of a encies or _a_n.izationa ._ 0 n d i n d"JIMI'd u al s _.la .......a.......ro.l..e i_n..._m.an.a..g_i,ng....._an.d. 26 rotectin Lqkei Whatcom. _ In. ......._.an......., effort.......to...._coo_rd_in_ate. _efforts..._.._.of..... th.ese...._va.r.i.ous. 27 pljaygrs.in .....1.990�the CityofBellingham, ................. ___.....,,..,_ ....._, 28 (now known as the Lake Whatcom _Water and__. Sewer District).__began meeting to 29 develop a joint managpment strat_ eay for the Lake Whatcom watershed. 30 31 In November/December 1992, a joint resolution was passed by the Bellingham City 32 Council, Whatcom County Council, and th_e..,,, Lake Wh_a,tcom....Wat,er..,.an.d...._Se,wer__District 33 (formerly._. Water District 10.).._Commissioners, which reaffirmed this position with six 34 general goal statements and a set of specific goal statements in various categories. 35 The specific goal statements for urbanization were the following: 36 • Prevent water quality degradation associated with development within the 37 watershed. 38 • Review and recommend changes in zoning and development potential that 39 are compatible with a drinking -water reservoir environment. 40 • In addition to zoning identify and promote other actions to minimize potential 41 for increased development in the watershed (i.e. land trust, development 42 rights, cost incentives, etc.). 43 Develop specific standards which reduce the impacts of urbanization, such as 44 minimal lot clearing; clustered development to reduce infrastructure; 45 collection and treatment of stormwater before entering the lake. Whatcom County Comprehensive Plan Apx G - 7 765 Planning Commission Recommended Draft January 14, 2016 Appendix G - Water Resources and Salmon Recovery Programs 1 Develop appropriate interlocal agreements with governing agencies to 2 prohibit the potential for additional development once an agreed upon level is 3 set. 4 5 The joint resolution included goals for watershed management that extended 6 beyond urbanization. Goals were included for stormwater management, on -site 7 waste systems, conservation, forest management, spill response, hazardous 8 materials transport and handling, data/information management, education/public 9 involvement, and other topics. A joint strategy was agreed to for developing 10 specific plans to meet the adopted goals. Eight high priority goals were selected 11 first and plans have been completed and jointly adopted for each of the goals. 12 In 1998, the City, County, and District 10 formalized their joint commitment to 13 protect and manage the lake through the joint adoption of an interlocal agreement 14 and allocation of funding toward protection and management efforts in the 15 watershed. A five-year program plan was developed for ten program areas. Specific 16 priority was placed on activities related to watershed ownership, stormwater 17 management, and urbanization/land development. 18 19 The resultin Lake Whatcom Mana ement Pro ram uides actions to _ro_tect....,La_ke m 20 W_h_a_tco..._..a.s.__a__1o_ng.-to_rm_ ,.,s_up .,ply__of .,_„dr_- wate inkig_._r_..forthe_of___B .__City._e_IImand _in„gha_ 21 portions of Whatcom County. ,The program _em.phsizes protection over treatment.,i_n, 22 managing Lake Whatcom and its watershed. The structure of the Lake Whatcom 23 Management Program includes _ legislative bodies a management team,. an 24 interurisdict_ional coordinating team, agency staff, and advisory _committees. 25 26 The.........................._Lake......................Whatcom W. atersh_.ed Ma_'na..g_em.ent........................Program we_bsi_te. 27 httw -/www.lakehatcom,_whatcomcount .org/resources) contains the management 28 plans reports _and , workprograms,_as well as the jurisdictions' pertinent 29 re_gulations and brochures_on the different programs aimed at the various efforts to 30 improve water quality 31 32 1 Sudden Valley R-ecreat,..onarl-Sul drrv-Z-aiien 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Sudden Valley is a community_ -within _the Lake Whatcom Watershed. It was established in the early 1970s as a recreation/resort area located In the ...... Lake Whateo-mr oWatersh-ed. abut over the last thirty years it -has developed into an err significant residential area. Sudd-en-Alalley-h-a�s-private pav-ed-r- adsi--ail-u-n-der-ground tutu ti (electr ty; ga s- ca-b-le--and _-teelep h o ne-) i- -n d-a-,pubi-ic--wat-e-r-a-n-d-s-ew-e r - ys-te m Provided, by Lake_ W..hatcorn Water ...and .Sewer . District..__ Eire._ District #2...s.t.r.ate.gi.cal.ly. ,located, in Sudden._Valleyj....provides ......fire, and ambulance servic.ei_..Sudden ....V.alley.rs. 1 7L4. total ..acres ..originally .. Inc lu.ded..4 64.8.platted..s_ingle_fa.mily..l.ots/co.nd.om.in..iu.m.s.j. -�i-m it e d-c-o mm— ,c�c- i-a-l--a-r-e-aT-c-o m-m,u ni ty---f� ll lti es; a._ ma-r-i rra_ and ---a -g elf -.c--o u-rye :--G-�.1--th e 1,545-.-ac�es-._8-3-5--ae-fes---of--op-era-spac-e-and-____14G....macres--of__-gold course-- 63-%- --arre Whatcom County Comprehensive Plan ApxG-8 766 Planning Commission Recommended Draft January 14, 2016 Appendix G - Water Resources and Salmon Recovery Proqrams 1 community- .......association, .._owned ........ ....The.......... remaining _..........7.4.9........ acres _(43.%) a.re...........private. 2 property ,-2OOt3US.....Census.....d.a.ta_.I.ndic,ates._.,.th.at-�a.pp.ro.x.ima.te.iy....-2-6.01/©.._.of_-th-e.._exi.s.ti-ng. 3 h-ou-sin-g--in 5udd-e n- Valley-is--either-seasoRa-E-o r---va-cent. 4 5 Sudd-en—VaHey-c-anttri-bates--to-...-a-hag-h---valume-- f---vebk-le---trips----o-n-L-aka---W-hatcom 6 B&uleve-r-d..._a-nd--L-a-k-e--Leuise--Read.--R-i-ght-o af--and----alig-nmen-t-stud-ies-ha-ve--beep 7 proposed . for the ._.6-y.ear.._TIP .-to.._.st.u.d.y.....a.lternatives cost ....a.n.d.......location- relative, to 8 a-dd-ressing-the--growing_volume--of-veh-i-c-uaa_r.tri.ps_-on__Lake.-Whatcor ,Boulevard -and 9 -Public .._-tran-spertation----e,r-v-Fc_e-s._.....a-re..._-provided_-by -the-..-1/Elhatc-om 10 gars-por-tat-i-on-Authority-(-WTA) 11 12 Sudden 4✓aI ley-] i-eswr-ithin-the-Lake-Whatcom--Wat-efshed--where--I imit-Rg- develep,ment 13 has been identified... as desirable. The Sudden, Valley Community Association (SVCA) 14 has -a---Board of Directors mandated..lot.. consolidation program with a targeted 15 density reduction, of , i4GO-.--f-ets;-red-uc--i-n-g- the. total -lots--for-development from- 4-,,648 16 to.....3.j24r8....To......date ..aptr-eximately__7.5,1)o_-(_1;g47.._...lots) ..-have -b ee-n plac.ed_..into_density 17 red ucc-ti-sn--of-w-hi-ck�--452--ar-e�-olu nta-ry-pf v ate-lot---con-solid-ati e-n SSVGA- --u nding- h a-s 18 bee set -aside-t-e-p�rehas-(--additio l-lotsfefr dens+ty-redr i-on- -I-n-accerda-nc-e-wi-th 19 t-he-2-OD-G--Lake-Wh at-ee r- - - M-a n-a jem P r-e g ra m ire--Cau-nty- -a--L-a�<e... -W_h a t-c-am 20 Water and- Sewer District_ have also assisted. Sudden. Valley with_ their density. 21 reduction --program through several joint _agreements and__excha.n.ges of property and 22 restrictive covena-n-ts: To dates- the -SVCAj -County_ -and--Lakes Wh-atcem- Water and 23 Sewer--Distric-t,h-aa-e -aeq-uir-ed-11-5-ufvd ed-lots-in Sudden---V-all-eey-at--afm-u-al--t-ax 24 €or-eelosure-auc-tbo-ns —Th L-et-Cansefidation---Cover=-ant--to-- -Bi-r &--p-acess----ha-�s;-also-; 25 d-nereased-volonta-r-y--priv-ate--lot--c-onsolidatien:-T-he-Cou-n-ty--Counc-f-l-ha-s--e-x-empt-ed 26 Su d dero--V a-ib ey- f--r-o-m- -the - .Lake- -What-com T-ra-n s fe r---of -D-e vel-o-p ment-Ri g hts---(-T D R 27 program -because Sudden- --Valleys density reduction plan.... meets the intent. of the 28 TDR program, 29 30 Since 1985, Sudden Valley has mandated the use of appropriate stormwater best 31 management practices through standards for individual stormwater detention for all 32 new construction. Any new building permits on existing lots must be able to 33 demonstrate that stormwater detention is included on the plan as a precondition to 34 issuance of a permit. Sudden Valley is also subject to additional regulatory 35 protections that apply to the Lake Whatcom watershed under the Water Resource 36 Protection Overlay District, Stormwater Special District, and Water Resource Special 37 Management Area requirements. Under the provisions of these special districts, 38 potential impacts from impervious surfaces, stormwater runoff, and clearing 39 ( activities are required to be addressed either on -site or through a community -wide 40 process. 41 42 Sudden Valley- has -implemented a__..10_.ye_ar Forest and-.Wil,dlife Stewardship (FAWS) 43 plan with .the _State ....of..Washington, .__.Dcp.a.rtment....of..-Natura.l....-Resources -(DNR.).....This . 44 p Fan----pro,,ti de s--env-iro n-�nt--a4-ed-u-c-at-6 o-r----.-a-n- d----g-uida n c-e----to--the---Mudd-e-n- Va 4-l-ey 45 co-mmunity; on-a--cont,in-utng-basis; to-asps-u-r�-sour d,--e-n-vi---onrnerrta[-heath-and-sa-f-et-y Whatcom County Comprehensive Plan Apx G - 9 767 Planning Commission Recommended Draft January 14, 2016 Appendix G - Water Resources and Salmon Recovery Programs 1 I for......p.lants. anima.ls.. and ._..residents ...w.i.t.h.....an _emphasis on properly managi-ng flora -and 2 fauna.Jnd.igeno.us.-to,_..the ...regio-n 4 ( Groundwater Protection & Management 6 Groundwater is contained_in...._a,._._u_ifers.___wh.ich_„_a_re....su_bte_rra_ne_a_n_la_vers_,_of _poro_us____rock 7 o_r. so,il_.,_M,ost„ a_Ci_u_i_fers_a_rereplenish_ed.__bvra,i_nwa_ter,,_,.,tho_u.a_hso_m,e.._,_ma.y..._..c...onta_i,n.._water 8 trap ed durin lacial periods. Aguifers_,are ,often integral) Ili inked with surface 9 waterstems and are essential for meetin in -stream and out -of -stream water 10 needs such as for drinkingwater, agriculture,and industry.Whatcom__ County 11 residents rely heavily on groundwater „ for drinkin _ water, aqricuiture, and 12 commercial and industrial need_s_,........_G_ro_u_n_dw_ater__ also ._.....1_a..,_s......_an___important _role ..,,..,_i_n 13 ma_i_n_to_in_i.n_g.__stre_a_m,,.fl_ows.. 14 M,an,.y___.,stu_d.i_eshave been _conducted related .._._.to..,_,_g_roun_d_wa_ter*aualit_y,._,..i,n_._Whatco_m 15 County documenting water quality issues such as exceedances of standards for 16 nitrate, ethylene dibromide (EDB) and 1,2-dichloropropane (1,2-D), pesticides, iron 17 and other agricultural -related contaminates, particularlyin the northern__ portion of 18 the Count . In ene.ra_I........... _rou.nd_wa_ter....._in__W_h_a_tco.m........Cou_nt.Y.......,is.,.,_ve_ry_vul_ne rab_le..,..,,to 19 contamination beca._use_..,,_m,u.chof___the.._._Cou_nt 's__... _rou_nd_wa_te_r._.Lies._.._with_i_n__...._a..._,_s_ha_I_low .......... . _ ....... Y 9 20 un,confined.._.aciuifer,Activi_ti_es._that_,_O_ccu_ro_n...._th_es.urface_.._of,_the_gro_u_n_d_.._d_i_rect_l.y._affect 21 gro_undwater..quality_ Shallow,_„_wells,__that,,,,,draw__ water" -from unconfined water table, 22 aquifers are at hi hest risk. 23 24 Whatcom County's Critical Areas Reaulationsprotect Critical Aquifer Recharge Areas 25 CARAs durin the develo m_ent..__,......roc__ess........_b...,,......,.,, recl_u_d_i_n......._certa_i_n........_us_e_s......_i,n.......CARAs ........._ .._.) . _g. _......._.� . ... _p._. p Y P 9 26 a,nd/o_r.,._re..q_u_i._ri_ng.,.,_ce_rta_.in.,,.p.reca._uti.o_ns„__be.__ta_k_e_n..,.i,n.,..han_d...l..i_n..g_.,.certa.i_n.._ch_e.m.ica_I_.s....... 27 28 1 FloodHazardManagement 29 30 A comprehensiveaDproach to flood hazard management Ip anninaprovides for 31 better understanding of the river and_floodplain system and ensures that flooding, 32 and channel morphology p_ro_b.le.ms are not .simply ..._t_ra_n_sfe_rre_d...__to..._an_othe_r.....1_ocation. 33 within,_ the,,,,,_ basin,,_ but,. are. addressed in _a.., comprehensi"Ye,. basiR.w d_e manner This 34 approach, directs future.... flood_,_,..hazard, .,_management_" expenditure5.in ..the most 35 efficient and cost effective manner. 36 � 37 Whatcom Counter Public Works coordinates with the Flood Control ZoneDistrict 38 Advisory Committee to identifyand characterize_ flooding problems and 39 pro_vide_recom_mendations,for achieving consistent long term flood. hazard _reduction 40 strategies., Some..activitiestyp.i_ca_l.ly_.invo,lved,.,i_n developi,nq a Comp_rehensive,,, Flood 41 Hazard_ _Mana_gement PI_a_n „(CFHMP).,._include ,,,data ._colle,ction, ,hydraul_ic.. model_i,ng„ 42 alternatives analysis floodDla_in ,mapping,and _meander , limit_ identification. In 43 addition to the technical components in comprehensive flood -planning,,, extensive 44 coordination, with the public and other a_crencies isrequiredthroughout theplan,ning. 45 proc_eS_s,, 46 Whatcom County Comprehensive Plan Apx G - 10 Planning Commission Recommended Draft January 14, 2016 Appendix G - Water Resources and Salmon Recovery Proarams 1 1 Other County flood management programs include: 3 Early Flood_Warning_-Work with the United States __G_eologicalSurvey__,(USGS) 4 to maintain_a network of, early flood warningstations to helpcitizens _prepare and 5 take appropriate,me_asures to.,.p.rotect hives, and.... prope.rty,from.flood da.mages.. 7 Flood Hazard Reduction Program - Im_plement projects to reduce future 8 flood damacres and public expenditures to repair damaged.,areas. Examples include 9 construction of setback levees and overflow s ilp_lways, and designation of overflow 10 corridors in overbank areas. Two alluvial fan studies have_been colleted for _Jones 11 Creek and Capon Creek. For Jones Creek,, review of potential mitigation measures 12 and conce t desi n of a referred a_ro_a_ch...ha.s..a_hso....been,_.c...o_m___Lete_d_.. _.. .. __. p 9 ..... p p p .... P 13 14 Comprehensive�Flood Hazard Management Planning - Identifywflooding_ 15 .problems and provide recommendations_ for achigAn Ion-term__flood hazard, 16 reduction strategies. The Lower Nooksack River Comprehensive Flood _Hazard, 17 Manaq,ement Plan was adopted in 1999. Implementation of the plan_ is ongoing. 18 19 Preparedness and Response - Plan for and �implement a coordinated 20 res.. onse dunng._fiood,_eveots toensure..pu_blic safety.and_mini_m_ize.fhoodd,amages,_ 21 22 National Flood Insurance Program - Partici�at_e in the Congress -initiated 23 National Flood InsuranceProgram (NFIP)_of1968, to makeaffordable flood 24 insurance available to _citizens of communities that adopt appEQved _flood 25 m,a.page,me.nt..._re..au,l_ati_o_n_s..._._ 26 27 R.,epair ,,and MaintenanceProgram - Address problem areas with _rivers, 28 streams, and coastlines of Whatcom Coin and mitigates future flood damages in 29 a proactiveand cost_ -_.effective manner. 30 31 Technical _Assistance - Provide, technical assistance _regarding drainage and 32 flood_ issues, to.,...private citizens and businesses locate d_a,long the_.many water bo_d,i_es 33 within Whatcom._ Cou_nty_. 34 35 Organizati®n 36 37 Flood Control Zone District Advisory Committee_(FCZ_DAC)„ 38 39 Followinq the severe floods of 1989__and ......1,990...,..._i,n1.992Whatcom ._...Cou_nt ......,create.d. 40 the count wide Flood Control Zone _Di_stri,c't (FCZ,D)_.,,,i,n_c,lud_i_n.._b_o_th,.._i,_ncor__orate,d,_a_nd 41 unincor orated areas of the Count _.._. ................... quasi-municipal__._that .__.. p...... ..... Y.... g p 42 is a separate legal entitv_from the Whatcom Couo nty_government. Even though this 43 legal se, parat,ion _exists,the Whatcom County Council and the County Executive 44 ,(Board of 5perViso,rs)and , the Public Works Department „(staff perform the 45 governan_ce and administrative _support for the district.,. 46 Whatcom County Comprehensive Plan Apx G - 11 769 Planning Commission Recommended Draft January 14, 2016 Appendix G - Water Resources and Salmon Recovery Proc7rams 1 The..,, primary purpose,_._of__the_,,,_FCZ_D_„_i_s,._fl_ood_ ha_za_rd._ manag m.ent.._Re_ve_nu_e _gene_.rated 2 to for_this purpose is accomplished in two ways: (1) a county_ -wide uniformly 3 applied servicecharge_; _a_nd,__L2) supplemental revenue generated within localized 4 Dikinq_ pistrictsand Sub -Flood Districts where ,specific local project activity is 5 plan_n_eO, 7 While the ,_..p.ri,_m,a_rv,,_.pu_rpose„_of.,,the,_.FCZD,_„isflood.__h_a.zard.__m_a_na_q_e_me_nt,__th_e _d_i_str,ct...i_s 8 allowed to address ,a wide varie_tv_of water resource issues. Due to_this N abilit �. 9 revenue generated_ by the district is currently used to finance_ additional water 10 simply andwater cLualityrelated improvement_ro ects. 11 12 Pertinent Documents 13 14 Lower N.00ksack River Comprehensive ,Flood , Hazard ManagementPlan 15 LCFHMP as 16 17 In 1999 the county..._a_d_o,_ted,_,.,.the_.,.._Lower N„o_o_ksa_ck.,,_,_Rive_rCo_m,p_re_h_e_n_s_i_v,e....__Flood, _._.......__......._ .. p 18 Hazard Management Plan.(CFHMP)._ The CFHMP identifies ro'ects,pro rams�and 19 other recommendations aimed at reducinci future flood_ damages alonq_the Lower 20 Nooksack River. 21 22 Critical Areas Regulations (WCC 16.1§j 23 24 Whatcom Count's.__Criti..c...a_I.__Area_s_._Re ul,ati_ons_.__a.i_mto.__.,..._rote_ct..._.,p_e_o_pl_e,_a_n_d,,,p_ro_p_e_rty_._in, _............... _. ___ ..._.......y... 9 p 25 Freouently Flood,ed_Area FFAs _ requiri� that any development conforms to 26 WCC Title 17, Flood Damaqe Prevention. 27 28 1 Stormwater Management 29 30 Stormwater runoff occurs wh_..e......n............._rec,i..,._itati,o,nfrom,,ra_i_n...._..o..._r_..S_n_o_w_m,elt.._.f...l_.o..w..s....._._ove,r..._t_h_e. _ ._.... P p 31 land surface. The addition.of....._ro_a_ds...,,..,_d_riv_ewa.__s.,_......,_a_rk,i._n,..........I...o....ts....,......_ro_ofto,psand_,..._ot_h_e_r �. _........__ .. _...__..._._..... ........... Y P q 32 surfaces „that prevent water from soakin into the ground to our landscape greatly 33 increases the runoff volume created durinq _storms. This runoff swiftly carried to 34 our local streams, lakes wetlands and rivers and can cause f_loodinq_and erosion. , 35 Sto_rm.water runoff also. picks up...and carries with. it many different pollu_tants,ahat 36 are..foun.d on paved_...su.rfa_ces such as sed_imen.t.,.._nitrogen_, phosphorus, ba_ctena., oi_I. 37 and,, grease,. trash,_,pestici,dq.s a,ndm_etals.,. 38 39 County Stormwater Management Programs 40 41 National Pollutant Discharge and ......._Elimination, System �,idPDE„5� PhaSe II 42 Permit 43 44 Stormwater runoff picks u pollutants as .it.,.trave,ls.._over.....o_u_r _d_eve.lop_ed .la._n_clsca,pes. _.__...._ ... p__.p . 45 and is a _major source ofwate_rquality_pro.blems.,In198_theFedera_IClean Water 46 Act was amended to_ address .__stormwaterpollution. _As aresult,__,the United States Whatcom County Comprehensive Plan Apx G - 12 770 Planning Commission Recommended Draft January 14, 2016 Appendix G - Water Resources and Salmon Recovery Proarams 1 Envi._ronmentalProtection Agency (_E_PA�,_,,,,_c_re_ated._..___the._,,..N,ati_on_al_..,._P_o,l.luta,nt__,,,,Disc_harge 2 Eliminationn S stem (_NPDES) to address stormwater runoff. States are then re_ uc� ired 3 to administer permits to local jurisdictions runoff to regulate runoas part of the NPDES Permit 4 Program. The Pet is referred to as the "NPDES_ Phase II Permit"or "Phase II 5 Mu_n_i_c_ip_al.,.._Sto.rmw,ater,Re.rm.it", 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 In__Feb_ru_a_ry.._of_20.07,,,,,th.e,__Wash,ington._Sta_te__D_epartment,_of._E_cology,iss_ued _W_hatcom County's Phase II Municip _ Stormwater_Permit. This permit regulates discharges from Small Municipal Separate Storm Sewers., and is part of the National Pollutant Discharge and Elimination System _ (NPDES) and State Waste Discharge General Permit._ It_ sets forth requirements of municipalities to address stormwater runoff in areas determined to have .po.p.u.latio_n densiti.es..reach_ing urban .stand_ards. Whatco.m, County is required_.,to implement various..stormwater m,anagem_ent, ._strategi_es,_to c............ . _ ,. ._. _ - The current Permit boundary coversapproximately15,000 acres and gen,_erally_ includes the following areas Fi ure 1h • Bellingham Urban Growth Area o..... _.Sudden.._Va..l..ley. • Portions of the Hillsdale and Emerald Lake area ...................._...._..._......_........................................................._.........._..__......._..._................................................................ ............................................................ _ .. •_,,,,,__„Portions .___al o n_g,,,_._.N_o_rth......._S_h_o,re_..,..,,D_ri_ve.__. on ,.,,,,.,,La_ke..__._W h_a_t.c...o m....... a.,nd_.,__Lake..._._.. W h_atco m Boulevard. • Ferndale Urban Growth Area *--,"Portions along Chuckanut Drive,_and Chuckanut Bay ® Birch Bav_Urban Growth Area _(Beginnina Auciust 1 2013) • The entire Lake Whatcom _w.ate_rsh_ed.......is._,sub'e_ct. _to.....i.la.i.cit.. ,disc_h_ar. _e_., detectio,n. a_n_d.._.e.li.m.,i_na_tion__,_requjcp_rne.nts _o_f _t_h_e....Perm1t. Jurisdictions are allowed to discharge runoff into water bodies„ of the State such as rivers lakes, and streams as long as they implement programs that rootectwater quality_ by reducin pollutants __ to the maximum extent __.possible through requirements of the NPDES Phase II Permit. Those re uirements are reported and S_u,b_m_i.tted.,.,.,._to......_t_h_e....... ,.De,pa,rtm_e,nt....... .of ......_Eco.l_o..g.y......._th_r...o_.u.....g_h.the Storm_w_.a...te.r M.a_nagement Program _(SWMP_) a_n_d the.Annu_aI C.Pmpliance R_eport, The Western Washington Phase II Municipal _Stormwater Permit is re uiredbv the State_ of Washington Water Pollution Control_ Law _Chanter _90.48 , RCW, and the Federal Water PollutionControl Act Title 33 United, States Code (Clean Water Act . The Permit is administered._,bv the, Washington State_ Department of Ecology,. Whatcom County Comprehensive Plan ApxG-13 771 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Planning Commission Recommended Draft January 14, 2016 Appendix G - Water Resources and Salmon Recovery Proc7rams Figure 1. NPDES Phase II Boundaries Pollution, Identification and Correction (PIC) Program Every one_wants clean water to support healthy drinking_ water, safe recreational use, _quality water for irrigation and livestock,,health fish, ish, and shellfish that __are safe to consume Currently, many _streams in _Whatcom County do n_ot...meet water quality standards for fecal coli_form bacteria Fecal coliform_, bacteria are. found .in the. intestina_L_ ,tract. of .......... warm-blooded animals and when found ......in ....... streams_ ........ are a_n indicator of human or_animal _waste in the water. The higher the bacteria level,, the greater the public health, risk to _people drinking, wading, fishing., or consuming shellfish_.__._ The Poll_ution.._.__Identificat_ion and _Correcti_on„ (PIC)Programhas been created to hellD implement communitysolutions to clean water. Pollution The ._..._ke........_,,,,ote,n_ti_a_I......_sou,rce.s....._0f...._bacte_ri,at hat,,.._h,a.v_e....._been.."i.d,e,n_tifi_e_d._""i.n. Yp Whatcom Coun_t..........c_o_a..sta_.........drai_n_a es...........are...",(1),_animal,,,,,,,,waste........._fro_m......_.._ag,ri_cuItu,ral„ Y g Whatcom County Comprehensive Plan Apx G - 14 772 Planning Commission Recommended Draft January 14, 2016 Appendix G - Water Resources and Salmon Recovery Programs 1 o erations domestic pets, _,.and_,,,w,ild,l,_ife,_,._and.,._(2..).._.._hu_man__.._sewage, _fro_m, P .....� � 2 failinon-site sewage systemsOSSj leaking sewers, or cross -connections. Identification-- Whatcom County coordinates a routine water,___ ug ality moni-toring pro ram at app.roximatel..................................................... onsinwa.....................redsthatscharg........................ ..........__ _....d_., marine waters. Sam...less..._a..._re...._co,l_I_ected...._o,n.,...,at__,le_ast....,a._._._m,o_n.th_I,,,,,,,,,,ba_si_s......._a,nd_.,,ana_Ly....zed_,.,,for ......_ _......p_ y fecal c ol. i_f o. r m _...bacteria._ ,,....._Re Results tS,_._a, are evaluated a iu a ted.._a._n_n_u_a_I,.L,v,.,_to,..,..i, d e n t i f y_,., focus _,.._a_re_a_s _ with the larq_est, bacteria_._problems. Within the focus areas stream_ s_eaments are monitored and potential bacteria sources are identified. 10 11 Correction , - Technical and financial resources are offered to landowners to 12 identif and im lement solutions_on....t_h_e.i,r_,ro._.e_rt.....,......Resi_dents.c_a.n.....h.el im. _rove..._the. _ y_.. _p _........ _._ __....�.. ____ P p y P P 13 com_m_u_n ty'_s,._Ovate_rq_u_a_I_i_tv..._,_b.y.,,_i_ns.pe_ctin_q_,,,__an_d.,..._ma,intain,in,q._.se,ptic_..systems,..,_a_nd.,..,.,b_y 14 fencmq.._a_n_imals o_utof.streams., ditches a_nd swales .._By actively. mana_g ri'a ,pastu .es.,.. 15 creating protected heavuse are_as� and coveringmanure storage areas, residents 16 can _prevent manure -contaminated mud from polluting surface_ water. Plantin 17 shrubs and trees along stream banks and picking up after dogs also contributes to 18 better...water quality.,. 19 20 SalmonrRecove_ry Program 21 22 In_ the_ Nooksack basin, abundances of several . salmonid _stocks_ ha_v_e --- dim i_nished 23 substantial_ly_from_historical levels. The declines in _local salmonidstocks,especiall,y 24 Chinook salmon, have hadprofound, economic, and _social _imgactson the 25 greater _WRIA ,_1, commu_nity Direct,, impacts i_n_clude...redu_ced ,jobs _.and in_come._ for 26 commercial fisherman, severe. _curt ai..lment of tribal a.nd susbsistence._cotch.,... and..loss. 27 of, tourism associated with „recreational fishing. In, addition, ESA _listin_gs impose_ 28 constraints on the activities of local and tribalgovernments businesses,the 29 agricultu_ralcommunity,and citizens, who must seek to avoid or minimize take of 30 Listed species___Nonetheless, salmon remain _an_integralpart _of the natural and social 31 landscapeof _Whatcom ,Countyand the NooksackRiver watershed _Recent 32 watershed recovery... plan_ninq and _restoration ,efforts by ...federal, state, ....Local __an..d 33 tribal, gove.rnments,,,,,non profit,,,organizations, .... businesses, ..and ,,,p ivat .._ ,citiz_ens 34 de_monstrate a .comm,itm„ent to _salmon. recovery, in W_RIA_1,. 35 36 The WRIA _1_Salmon_ Recover_ Program is, a multi-governmentplanninq effort with"'a, 37 WRIA„wi__de scope„ to_address sal,mon, reco_v_ery and protection, of ESA,__and non -,ESA 38 listed salmonids. 39 40 WRIA ,1wSalmon Recovery Strategy, 41 42 The ultimate coalfor salmon_ recovery in WRIA 1 is .to recover.__. self-,sustainin_q. 43 salmonid runs„ to harvestable„levels throuqh the restoration of healthy„ rivers and, 44 natural, _stream, .river, estuarine, and nearshore marineprocesses,cyreful use ,_of 45 hatch eri_es, and responsible ha_rve.st, and with the_ active _part_cipatio_n and support 46 of_ local l_andowne_rs, businesses, and th_e larger c..o_mm_unity.. The Purpose of the Whatcom County Comprehensive Plan Apx G - 15 773 Planning Commission Recommended Draft January 14, 2016 Appendix G - Water Resources and Salmon Recovery Programs 1 WRIA 1 Salmonid RECO_ ver Plan is,, to _i_d_e_nti f the_actions _n_eceS_s_a_ry to recover 2 WRIA _ 1 salmonid _populations, �ecial�listedspecies, andto outlinethe 3 framework for implementation_ of recommended actions _that have_,been_. agreed to 4 bylocal state, tn,bal and federal governments_ and__, stakeholders_ in WRIA 1 In the 5 n_e_a_r_te_rm,,the _objectives _are to: 6 (1)Focus and prioritize salmon recovery efforts to ma_ximiz_e benefit t_o the._tw_o 7 N_o_oksack early chinook__popul_ation,s, 8 �Add.ress late -timed Chinook through .adaptive _management, focusinciin the 9 near -term on identifvina hatchery- versus naturalll -produced population 10 components; 11 (3)_Facilitate recovery of WRIA1 bull.__ troutand steelhead__by implementing, 12 actions_ ..with ., mutual, b_enefit..., to _. both ...early,,_chin_ook, and bull trout ., an_d 13 steelhead an_d,,,by removinq fish„_passage barriers in Ares_umed bull.,_ trout 14 steel hea.d sp_awnin_q _ a.nd re_arinq_...... habitats _in „the_ upper Nooksack River 15 watershed; and 16 {3:C4 Address other salmonidpopulations by(q) protegtinqand_ restoring 17 WRIA_ 1salmonidNhabitats and ha. bitat forming processes throuqh __rea ul_atory_ 18 and incentive based ......programs, _ and __ (b) enco_uragi_ng a_nd s_upportinq, 19 vo_I_unta.ry actions that benefit other WRIA ...... salm_onid populations without 20 dlvertinq..attention,from.early,_chinook recovery._ 21 22 Focusin efforts on earlv_chi,nookis consistent with regionalsalmon _recover - 23 current abundance and _productivity_ for _the two_ opulationsis very low and 24 reco_ve_ry of both populations is critical to del_istingand recoVery of the PugetSound 25 Evo_lutionarily Signif,,i.ca,nt.Unit (_ESUa..._for C_hinook.salm_on_. 26 27 Salmon Recovery Board,�SRB 28 29 WRIA 1_Salmon RecovervBoard membershiD includesthe _ County Executive,_ 30 BPllingham__ M yQr, Mayors__ of the_. ,Small_Citi_es__,of__Whatcom__ County, _-the regional 31 director of the Washington „ Departmentof_ Fish and Wildlife, and 32 rppresen_tatives from Lummi Nation _and Nooksa_ck Indian Tribe.._ 33 34 The _,WRI.A 1 S_almonid, Recovery, Plan (20.05). a, chapter, of the, _P_u_get _Sound Salmon 35 Recovery.. Planides restoration in the River and adjacent watersheds__ 36 This plan wasdevelot)ed „i,npartnership_with _Nooksack _Tribe _Lummi Nation,, 37 WashingtonDepartment,,, of _Fish and Wi_ldlife,Bellingham, and the ._small cities__ of 38 Whatcom County _ Chinooksa_lmon_populations(listed as threatened with _Wextinction 39 under the ,Federal Endangered Species Act) are _prioritized.,..yet the plan also 40 pro_vides the template for recovery of threatened steelhe_ad and bull trout ,and, the 41 other salmon and trout,populat.ions_native to What.cm County. 42 43 The sal_mon"„plan _was, developed nmparall_el„_with„_the WRIA_1, Watershed Management 44 Plan _ Salmon , ,habitat isintricately__,_linked to watershed management,, salmo , 45 re.covery will., be most successful when fish habitat obie_ctives_ are care_full.y 46 coordinated with watershed _manaq_ement objectives Integrati_nq salmon recovery Whatcom County Comprehensive Plan Apx G - 16 774 2 Planning Commission Recommended Draft January 14, 2016 Appendix G - Water Resources and Salmon Recovery Proc7rams with flood_haza,rd m_a.nagemen.t and_restorinq fish passa_ge..under County._road_s_.a_re_ two primary areas of focus. Whatcom County Comprehensive Plan Apx G - 17 775 July 12, 2016 Appendix G - Water Resources and Salmon Recovery Programs Page and line numbers reflect Planning Commission Recommended Draft dated 1114116 (htt wa- whatcomcounty.civicplus.com/DocumentCenter/View/15163 ). To improve clarity of Councilmember requested changes, previous edits (i.e. staff and Planning Commission) are included, but not show as edits. 1) Return all of Appendix G to Chapter 11 (Brenner) 2) p. G-2; lines 27-35: The WRIA 1 Joint Policy Boards are comprised of members of the WRIA 1 Joint Board and Salmon Recovery Board. This organizational level interacts with federal, state, and regional organizations at a policy -level to coordinate the implementation and management of the WRIA 1 Watershed Management Plan — Phase 1, the WRIA 1 Salmonid Recovery Plan and other related activities. , Reards: • IiRdeFse—gFogFams/aeVGi;s tee—te Legisl~ativeRedies, as applieaWe Moat ;and doga-mr.;watarshed and salmon pFogFam Wpks as joint PONGIF (Brenner) 3) p. G-3; lines 24-28: 2005 WRIA 1 Watershed Management Plan —Phase One The 2005 WRIA 1 Watershed Management Plan was eempleted approved in 2005 by the Joint Administrative Board, Planning Unit (by consensus), and the County Council. Pursuant to subsequent state requirements, a WRIA1 Watershed Detailed Implementation Plan was approved by the Joint Administrative Board, Planning Unit, and County Council in 2007. It provides a roadmap for addressing water quantity, water quality, instream flow, and fish habitat challenges. (Brenner) 4) p. G-5; line 29-32: Capacity problems in the district's sewer line, which serves Geneva and Sudden Valley, have caused overflows into the lake in the past. An aggressive program to preclude stormwater infiltration has eliminated reduced the overflow problems to a large extent. (Brenner) 776 July 12, 2016 Proposed Council Changes to Comprehensive Plan Appendix — Water Resources and Salmon Recovery Programs 5) p. G-6; line 30-36: A significant cause of declining oxygen levels has been from residential development in the watershed. Past development permitted by the City of Bellingham and Whatcom County has led to increased phosphorus loading into the lake, which stimulates algae growth. Bacteria that consume the dying algae deplete the dissolved oxygen, leading to lower oxygen levels in the lake. Past PhGSPhOFUS leading tG the lake (Brenner) 6) p. G-8; lines 5-10: The joint resolution included goals for watershed management that extended beyond urbanization. Goals were included for stormwater management, on -site waste systems, conservation, forest management, spill response, hazardous materials transport and handling, data/information management, education/public involvement, and other topics. A joint strategy was agFeedto approved for developing specific plans to meet the adopted goals. (Brenner) 7) p. G-12; line 1-5: The primary purpose of the FCZD is flood hazard management. Revenue generated to for this purpose is accomplished in two ways: (1) a county -wide uniformly applied se...,l,.e ,.1 arge tax; and, (2) supplemental revenue generated within localized Diking Districts and Sub -Flood Districts where specific local project activity is planned. 8) p. G-12; lines 24-26: Whatcom County's Critical Areas Regulations aim to protect people and property in Frequently Flooded Area (FFAs) by requiring that any development in these areas conforms to WCC Title 17, Flood Damage Prevention. (Brenner) 9) p. G-13; lines 15-26: The current Permit boundary covers approximately 15,000 acres and generally includes the following areas (Error! Reference source not found.): • Bellingham Urban Growth Area • Sudden Valley • Portions of the Hillsdale and Emerald Lake area • Portions along North Shore Drive on Lake Whatcom and Lake Whatcom Boulevard • Ferndale Urban Growth Area • Portions along Chuckanut Drive and Chuckanut Bay • Birch Bay Urban Growth Area (Beginning August!, ' 34 Additionally. thoueh not within the NPEDS hermit area. the Countv has made the entire Lake Whatcom watershed subject to the illicit discharge detection and elimination requirements of the Permit through ordinance and agreement with the Department of Ecology. (Brenner) 10) p. G-16; lines 34-38: The WRIA 1 Salmonid Recovery Plan (2005), a chapter of the Puget Sound Salmon Recovery Plan, guides restoration in the Nooksack River and adjacent 777 July 12, 2016 Proposed Council Changes to Comprehensive Plan Appendix — Water Resources and Salmon Recovery Programs watersheds. This plan was developed in partnership with Nooksack Tribe, Lummi Nation, Washington Department of Fish and Wildlife, Bellingham, Whatcom County Government and the small cities of Whatcom County. (Brenner) Items 11 through 35 concern comma use and other grammatical changes and may be considered in a single motion. 11) p. G-3; lines 29-33: The goals of the WRIA 1 Watershed Management Project_ arm -to Rhave water of sufficient quantity and quality to meet the needs of current and future human generatio ns,Lde restoration of salmon, steelhead, and trout populations to healthy harvestable levels,I and the improvement of habitats on which fish and shellfish rely. (Brenner) 12) p. G-3; lines 35-40: Water Quantity — To assess water supply and use, and develop strategies to meet current and future needs. The strategies should retain or provide adequate amounts of water to protect and restore fish habitat, provide water for future out -of -stream -uses, and ensure tha adequate water supplies are available for agriculture, energy production, and population,. and economic growth under the requirements of the state's Growth Management Act. (Brenner) 13) p. G-3; lines 42- p. G-4, line 2: Water Quality — To ensure tiaat the quality of our water is sufficient for current and future uses, including restoring and protecting water quality to meet the needs of salmon and shellfish, sewtact recreational uses, cultural uses, protection of wildlife, providing affordable, safe,. domestic water supplies, and other beneficial uses. The initial objectives of the water quality management strategy will be to meet the water quality standards. (Brenner) 14) p. G-4; lines 12-17: In 2010, the WRIA 1 Joint Board adopted a work plan, budget, and financing strategy, called the Lower Nooksack Strategy, to advance a negotiated settlement of Tribal and state in -stream flow water rights on the mainstem of the Nooksack River, while maximizing the economic and environmental benefits of out -of -stream water use in the Lower Nooksack sub -basin. The Joint Board adopted the Lower Nooksack Strategy,, consistent with WRIA 1 Watershed Management Plan priorities. (Brenner) 15) p. G-4; lines 40-44: Lake Whatcom is a large multi -purpose reservoir that is the source of drinking water for the City of Bellingham, Lake Whatcom Water and Sewer District, several other smaller water districts/associations, and about 250 homes that 3 778 July 12, 2016 Proposed Council Changes to Comprehensive Plan Appendix — Water Resources and Salmon Recovery Programs draw water directly from the lake. ""The lake provides water to about half the population of Whatcom County. (Brenner) 16) p. G-5; lines 1-3: Lake Whatcom is a multiple use lake and watershed. In addition to providing water for drinking, commercial, and industrial uses, the lake is used for boating, swimming, and fishing. (Brenner) 17) p. G-6; lines 18-21: This study documented tMt Lake Whatcom is impaired for dissolved oxygen due to phosphorus loading and that streams flowing into Lake Whatcom do not meet fecal coliform bacteria standards. (Brenner) 18) p. G-7; lines 6-8: These lands will provide passive recreation opportunities with hiking and biking trails connecting various communities, neighborhoods and parks throughout the watershed. (Brenner) 19) p. G-7; lines 40-42: In addition to zoning, identify and promote other actions to minimize potential for increased development in the watershed (i.e. land trust, development rights, cost incentives, etc.). (Brenner) 20) p. G-9; lines 32-35: Any new building permits on existing lots must be able to demonstrate that stormwater detention is included en in the plan as a precondition to issuance of a permit. Sudden Valley is also subject to additional regulatory protections that apply to the Lake Whatcom wWatershed... (Brenner) 21) p. G-10; lines 8-10: Aquifers are often integrally linked with surface water systems and are essential for meeting in -stream and out -of -stream water needs,, such as for drinking water, agriculture, and industry. (Brenner) 22) p. G-10; lines 14-18: Many studies have been conducted related to groundwater quality in Whatcom County documenting water quality issues, such as exceedances of standards for nitrate, ethylene dibromide (EDB) and 1,2-dichloropropane (1,2-D), pesticides, iron, and other agricultural -related contaminates, particularly in the northern portion of the County. (Brenner) 23) p. G-10; lines 30-33: A comprehensive approach to flood hazard management planning provides fw a better understanding of the river and floodplain system. It also ar4 ensures that flooding and channel morphology problems are not simply transferred to another location within the basin, but are addressed in a comprehensive, basinwide manner. (Brenner) 24) p. G-10; lines 39-40: Whatcom County Public Works coordinates with the Flood Control Zone District 4 Advisory Committee (FCZDAC) to identify and characterize flooding problems and provide recommendations for achieving consistent, long-term, flood hazard reduction strategies. (Brenner) 779 July 12, 2016 Proposed Council Changes to Comprehensive Plan Appendix — Water Resources and Salmon Recovery Programs 25) p. G-11; lines 27-29: Repair and Maintenance Program — Address problem areas with rivers, streams, and coastlines of Whatcom County, and mitigates future flood damages in a proactive and cost-effective manner. (Brenner) 26) p. G-11; lines 41-42: The FCZD is a quasi -municipal corporation that is a separate legal entity from the Whatcom County government. (Brenner) 27) p. G-12; lines 30-37: Stormwater runoff occurs when precipitation from rain or snowmelt flows over the land surface. The addition of roads, driveways, parking lots, rooftops, and other surfaces that prevent water from soaking into the ground to eta fandscape greatly increases the runoff volume created during storms. This runoff is swiftly carried to our local streams, lakes, wetlands, and rivers, and can cause flooding and erosion. Stormwater runoff also picks up and carries with it many different pollutants that are found on paved surfaces, such as sediment, nitrogen, phosphorus, bacteria, oil and grease, trash, pesticides, and metals. (Brenner) 28) p. G-12; line 46 — p. G-13, line 4: As a result, the United States Environmental Protection Agency (EPA) created the National Pollutant Discharge Elimination System (NPDES) to address stormwater runoff. States are there required to administer permits to local jurisdictions to regulate runoff as part of the NPDES Program. (Brenner) 29) p. G-14; lines 6-14: EvepiGne wa 6Clean water to supports healthy drinking water, safe recreational uses, quality water for irrigation and livestock, healthy fish, and shellfish that are safe to consume. Currently, many streams in Whatcom County do not meet water quality standards for fecal coliform bacteria. Fecal coliform bacteria are found in the intestinal tract of warm-blooded animals and when found in streams are an indicator of human or animal waste in the water. The higher the bacteria level, the greater the public health risk to people drinking water, wading, fishing, or consuming shellfish. The Pollution Identification and Correction (PIC) Program has bee:, was created to help implement community solutions to clean water. (Brenner) 30) p. G-15; lines 23-25: The declines in local salmonid stocks, especially Chinook salmon, have had profound economic, cultural, and social impacts on the greater WRIA 1 community. (Brenner) 31) p. G-15; lines 30-34: Nonetheless, salmon remain an integral part of the natural and social landscape of Whatcom County and the Nooksack River wWatershed. Recent recovery watershed planning and restoration efforts by federal, state, local, and tribal governments, non-profit organizations, businesses, and private citizens demonstrate a commitment to salmon recovery in WRIA 1. (Brenner) 5 July 12, 2016 Proposed Council Changes to Comprehensive Plan Appendix — Water Resources and Salmon Recovery Programs 32) p. G-15; lines 42-46: The ultimate goal for salmon recovery in WRIA 1 is: to recover self-sustaining salmonid runs to harvestable levels through the restoration of healthy rivers and natural stream, river, estuarine, and nearshore marine processesy; careful use of hatcheriesy; and responsible harvest, and with the active participation and support of local landowners, businesses, and the larger community. (Brenner) 33) p. G-16; lines 2-4: ...and to outline the framework for implementation of recommended actions that have been agreed to by local, state, tribal, and federal governments, and stakeholders in WRIA 1. (Brenner) 34) p. G-16; lines 8-10: Address late -timed Chinook through adaptive management, focusing in the near -term on identifying hatchery -[remove hyphen] versus naturally -produced population components; (Brenner) 35) p. G-16; lines 11-15: Facilitate recovery of WRIA 1 bull trout and steelhead by implementing actions with mutual benefit to bet4 early chinook, and bull trout: and steelhead, and by removing fish passage barriers in presumed bull trout and steelhead spawning and rearing habitats in the upper Nooksack River watershed; (Brenner) M. 781 782 Larson Rd Larson Rd. 2 = i \®S cc ,00�. ......... 4 Sunset a. Lange Rd. GC Rd. _ �... R10A ruD J ' L11 G ',.6 �] R A R5A G r L I 6 0 CD to b �O k 4 A Lost Lk. v 5P LIl ,g U URMX 9 A �. minn. aelllngham 4-elk*g Ra. 61 100' /gNort RR1 R2A Country Ld. �. '. W. Bskenriew Rd. 5 , Bayon P/2 ,000' • URMT8 Benls Rd.11 G� , o = C y _ Mall T URM18 {JRM1 RR ty �ROS Rd. RO O U 3 9c URMX e 2 uC 03 0 � Nooksack Delta 111.1 00 soo 1 H I If HII L 1 - NC Lil UR4 - logg' 4 u,l'`. Bellingham International Airport Airport Overlay Zones USE OF WH-OOM COU—S GIS DATA IMPLIES THE USER'S AOHEEMENT WRH THE FOLLOWING STATEMEM: whaimm crony aadey,u anY wanenry of nwJrchanmbxiry «wmmnry of pTeae of tl,b map 1« anY par4cWar W,pwe, eitl�« e�reee « irtpoetl. No reyaeenfetlon«xaranrybmaeecouemhgMeacwr- ery, a,mnry. car,Plaleneaa «puMity oltlale tleplGetl on Mia mep. f—I onhb mp WhIn geY mspontidMy f«uae mx 9 aM IUM« —, m HWW m..P Count'�am,bashan,p. a8an=I anY Oemesa, bas, «IbM%y ariehg fmm enY uee of Mb map. Appendix H Whatcom Zoning ui _uelnpecllNM � 'h2•a UNa/Mra Mpum� to UmM.M Legend: P➢ N URM1I-UMnewN. �ry,z ur.Waaa a ur WMa Uni- uum�inrwr�e uM1rvraa N Airport OveABY Zonea N aoEmea Con roux Uaa-ww,nrimvraun�vv» Zoning 4�c sio c.Un""""� ira, a ediu ia: Inoog,omteO City OMe C"0 O V, /)1'(, <� s % ww+uNw new rnH w�,.ae� f0s own sp.. T; ', p %Xl{. a5n mw,uMSnxw a+ m.�, uNu,onew Note: Airport overlay zones are derived from the N Safety Compatibility Zones in the California Airport o:i; o.s Mbs Land Use Planning Handbook (Shutt Moen �s sorvlo� CF:tlY ,F M� wt- Associates, Jan. 2002, p. 9-38) fil:3;? ME June 28, 2016 Appendix B - List of Acronyms Page and line numbers reflect Planning Commission Recommended Draft (hjtpjLwa- whatcomcountV.civicplus.com/DocumentCenter/View/18677 . To improve clarity of Councilmember requested changes, previous edits (i.e. staff and Planning Commission) are included, but not show as edits. 1) ADU Accessory Dwelling Unit (Brenner) 2) AG Agricultural zone (Brenner) 3) CF Commercial Forestry zone (Brenner) 4) CTAC Citizens' Transportation Advisory Committee (Brenner) 5) L&I Washington State Department of Labor and Industries (Brenner) 6) DOC Department of Corrections (Brenner) 7) DUI Driving Under the Influence (Brenner) 8) EIS Environmental Impact Statement (Brenner) 9) GC General Commercial Zoning (Brenner) 10) GM General Manufacturing Zoning (Brenner) 11) HII Heavy Impact Industrial Zoning (Brenner) 12) HUD United States Department of Housing and Urban Development (Brenner) 13) LID Local Improvement District (Brenner) 14) Ul Light Impact Industrial Zoning (Brenner) :o June 28, 2016 Proposed Council Changes to Comprehensive Plan Appendix B — Acronyms 15) MW Megawatt (Brenner) 16) NC Neighborhood Commercial Zoning (Brenner) 17) R Rural Zoning (Brenner) 18) RC Rural Commercial Zoning (Brenner) 19) RF Rural Forestry Zoning (Brenner) 20) RR-1 Rural Residential — Island Zoning (Brenner) 21) RR Rural Residential Zoning (Brenner) 22) R2A Rural Zoning; 1 Unit / 2 Acres (Brenner 23) RSA Rural Zoning; 1 Unit / 5 Acres (Brenner) 24) SMAC Surface Mining Advisory Committee (Brenner) 25) SR9 State Route 9 (Brenner) 26) SR547 State Route 547 (Brenner) 27) SVCA Sudden Valley Community Association (Brenner) 28) TC Tourist Commercial Zoning (Brenner) 29) TDR Transfer of Development Rights (Brenner) 30) UR Urban Residential Zoning (Brenner) 31) WCC Whatcom Community College (Brenner) 32) WCCP Whatcom County Comprehensive Plan (Brenner) 33) WWU Western Washington University (Brenner) 787 WHATCOM COUNTY COUNCIL AGENDA BILL No. 2016-214 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: MK ( �C �} [RI E7/12/16 6/28 Introduction Division Head: JW 6/I5/16 1 2016 AT COM COUNTY Hearing Dept. Head: ( !� 1(j Prosecutor: RB 6113116 t COUNCIL Purchasing/Budget: Executive: TITLE OF DO U ENT: Amendment to WCC 24.05 On -site Sewage System Rules & Regulations. ATTACHMENTS: Memorandum Ordinance Exhibit A: WCC24.05.220 (C) amendment SEPA review required? (x ) Yes ( ) NO Should Clerk schedule a hearing? ( x) Yes ( ) NO SEPA review completed? (x) Yes ( ) 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.) Amendment of WCC 24.05 section 220(C) providing the Health Officer authority to suspend or revoke an operations and maintenance specialist license as a necessary regulatory component consistent with 220(A) installer and 220(B) pumper licensing of this section. COMMITTEE ACTION. COUNCIL ACTION.• 6/28/2016: Introduced 7-0 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. WHATCOM COUNTY Health Department Leading the community in promoting health and preventing disease. Memorandum TO: Jack Louws County Executive FROM: Regina A. Delahunt Health Department Director Regina A. Delahunt Director Greg Stern, M.D. Health Officer JUN 16 �i JACK LOMS COUNTY EXEDL)TWE SUBJECT: Amendment to WCC 24.05.220 On -Site Sewage Regulations, Licensing DATE: June 16, 2016 Attached is the proposed amendment to WCC 24.05.220 which would allow the Health Officer to suspend or revoke an operations and maintenance specialist license for cause. The Health Officer is provided this authority in the code for both installers and pumpers. This should also have been included for operations and maintenance specialists but was omitted due to an oversight. The proposed language amendment will provide that authority consistent with existing code language for both licensed installers and pumpers. If you have any questions, please call John Wolpers, Environmental Health Manager, at extension 6026. Attachments: Exhibit A: WCC 24.05.220 language amendment Ordinance 509 Girard Street 1500 North State Street In Bellingham, WA 98225-4005 P U13LIC HEALTH Bellingham, WA 98225-4551 1 : (360) 778-6000 HEALTHIER WHATCOM COUNTY (360) 778-6102 FAX (360) 778-6001 www.whatcomcounty.us/health FAX (360) 778-6104 iO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 PROPOSED BY: HEALTH INTRODUCTION DATE: 6/28/2016 ORDINANCE NO. AMENDMENT TO WHATCOM COUNTY CODE 24.05 ON -SITE SEWAGE SYSTEM RULES & REGULATIONS WHEREAS, WCHD licenses installers, pumpers, and operation and maintenance specialists in accordance with WCC 24.05; and, WHEREAS, WCC 24.05.220 (A) and (B) allow for suspension or revocation of licenses for installers and pumpers under certain circumstances; and, WHEREAS, there may be times when it will be necessary to suspend or revoke an operation and maintenance specialist license; and, WHEREAS, language allowing the Health Officer to suspend or revoke an operation and maintenance specialist license was inadvertently omitted from WCC 24.05.220(C). NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council, acting as the Board of Health, that WCC 24.05 On -Site Sewage Regulations section .220(C) - Licensing is amended as outlined in Exhibit A. ADOPTED this day of , 20 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council WHATCOM COUNTY EXECUTIVE APPROVED AS TO ,F„ORM: Civil De aty;Proseciitor Barry Buchanan, Council Chair WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ( ) Approved Date Signed: ( ) Denied 790 Exhibit A 24.05.220 Licensing. A. The applicant for an installer's license shall provide the following: 1. Application for an installer's license shall be made on forms provided by the health officer. Application fees shall be paid at the time of application. 2. The health officer shall determine by written and/or oral examination the applicant's knowledge of public health problems involved in the treatment and dispersal of sewage and necessary standards of design, construction and installation. If the applicant does not receive a passing mark of 70 percent in any such examination, the applicant shall be denied a license. 3. The installer's license shall expire on December 31 st. Fees are not prorated. The applicant shall apply for renewal on forms provided by the health officer. 4. Three continuing education units shall be required every three years for license renewal. The applicant shall provide proof to the health officer that continuing education courses were attended either by the license holder or a designated qualified professional employee. 5. Before the issuance of an installer's license, the applicant shall file with the health officer satisfactory evidence demonstrating that said installer is a registered contractor as provided by Chapter 18.27 RCW and has the required surety bond. In the event the installer's contractor registration shall lapse for any reason or the contractor's bond shall become impaired, then licensing by the health officer of said installer shall be suspended until the installer's registration as a contractor is reinstated and the contractor's bond is unimpaired. 6. The health officer may suspend or revoke any installer's license if there has been a finding of incompetency, negligence, willful misrepresentation, or failure to comply with this chapter or other applicable laws, rules and regulations. The installation of a sewage disposal system for which a permit has not been obtained shall be cause for the suspension or revocation of an installer's license. 7. An installer whose license has been revoked shall be ineligible to reapply for recertification until 60 days have passed from the date of revocation of the certificate. B. The applicant for a pumper's license shall provide the following: 791 1. Application for a pumper's license shall be made on forms provided by the health officer. Application fees shall be paid at the time of application. 2. The health officer shall determine by written and/or oral examination the applicant's knowledge of public health problems arising from the handling of sewage and the safe disposal of the cleanings of sewage disposal systems. If the applicant does not receive a passing mark of 70 percent, the applicant shall be denied a license. 3. Before the issuance of a pumper's license, the applicant shall file with the WCHD a surety bond issued by a surety insurer in a form acceptable to the health officer running to WCHD. Said bond shall be conditioned that the applicant will pay all amounts that may be adjudged against applicant by reason of negligent or improper work or breach of contract. The bond shall be conditioned that the holder of the license and his or her agents in performing work shall exercise reasonable care and skill and comply with this chapter. The surety upon the bond shall not be liable in an aggregate amount in excess of the amount named in the bond. The bond shall be kept in effect during the period of time for which the license is issued. In the event the bond is cancelled or any final judgment shall impair the liability of the surety upon the bond so furnished so that there shall not be in effect a bond undertaking in the full amount of $2,000, the health officer shall suspend the license of such pumper until the full bond liability has been restored. 4. The applicant's equipment shall meet the requirements of WCC 24.05.200(B)(1) and (2) before a license may be issued. 5. The pumper's license shall expire on December 31 st. Fees are not prorated. Application for renewal shall be made on forms provided by the health officer. 6. The health officer may suspend or revoke any pumper's license if there has been finding of incompetency, negligence, willful misrepresentation or failure to comply with this chapter or other applicable laws, rules and regulations. 7. A pumper whose license has been revoked shall be ineligible to reapply for a license until 60 calendar days shall have passed from the date of this license revocation. 8. Three continuing education units shall be required every three years for license renewal. The applicant shall provide proof to the health officer that continuing education courses were attended either by the license holder or a designated qualified professional employee. C. The applicant for an operation and maintenance specialist license shall provide the following: 792 1. Application for an operation and maintenance specialist license shall be made on forms provided by the health officer. Application fees shall be paid at the time of application. 2. The health officer shall determine by written and/or oral examination the applicant's knowledge of the operation and maintenance of on -site sewage systems. If the applicant does not receive a passing mark of 70 percent, the applicant shall be denied a license. 3. The operation and maintenance specialist license shall expire on December 31 st. Fees are not prorated. The operation and maintenance license is not transferable. Application for renewal shall be made on forms provided by the health officer. 4. Before the issuance of an operation and maintenance specialist license, the applicant shall file with the WCHD a surety bond issued by a surety insurer in a form acceptable to the health officer running to WCHD. Said bond shall be conditioned that the applicant will pay all amounts that may be adjudged against the applicant by reason of negligent or improper work or breach of contract. The bond shall be conditioned that the holder of the license shall exercise reasonable care and skill and comply with this chapter. The surety upon the bond shall not be liable in an aggregate amount in excess of the amount named in the bond. The bond shall be kept in effect during the period of time for which the license is issued. In the event the bond is cancelled or any final judgment shall impair the liability of the surety upon the bond so furnished so that there shall not be in effect a bond undertaking in the full amount of $2,000, the health officer shall suspend the license of such operation and maintenance specialist until the full bond liability has been furnished. 5. Three continuing education units shall be required every three years for license renewal. The applicant shall provide proof to the health officer that continuing education courses were attended. (Ord. 2008-015 Exh. A; Ord. 2006-056 Exh. A). 6. The Health Officer may suspend or revoke any operation and maintenance specialist license if there has been finding of incompetency, negligence, willful misrepresentation, or failure to comply with this chapter or other applicable laws, rules and regulations. 7. An operations and maintenance specialist whose license has been revoked shall be ineligible to reapply for a license until 60 calendar days shall have passed from the date of this license revocation. 793 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-201 CLEARANCES initial Date Date Received in Council Office Agenda Date Assigned to: Originator: DMP 06116116 0 . 6/28/2016 Finance/Council Division Head: 7/12/2016 Public Hearing �e Dept. Head: tee JUN 21 2016 Prosecutor: WHATCOM COUNTY Purchasing/Budget: /� ® <� COUNCIL Executive: TITLE OF O T: Interlocal Ag eeeme t between the City of Bellingham and County of Whatcom for 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Award ATTACHMENTS: Interlocal Agreement between the City of Bellingham and Whatcom County for 2016 Edward Byrne Memorial Justice Assistance Grant JAG Program Award SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing? ( ) Yes ( ) 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.) As required by the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY2016 Local Solicitation is made available to the Whatcom County Council for its review and comment and to citizens for public review and comment. Total Whatcom County Jurisdiction allocation is $39,398 (with $23,752 for the City of Bellingham and $15,646 for Whatcom County). The City of Bellingham will administer the grant and provide $15,646 to Whatcom County Sheriff's Office to purchase ballistic helmets. COMMITTEE ACTION: COUNCIL ACTION: 6/28/2016: Withdrawn from the agenda 6/28/2016: Withdrawn from agenda. Public hearing scheduled for July 12 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.whatconz.wa.us/council. 794 SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue oFrncr - Bellingham, WA 98225-4078 (360) 676-6650 MEMORANDUM TO: Jack Louws, County Ede ' e FROM: Bill Elfo, Sheri DATE: June 16, 2016 UNDF-RSHERIFF CHIEF DEPUTY CHIEF DF-PU]Y , T)TENE CO0 ,EY CHIEFINSPECTOR W Y.0N °S CE5 'JACK LO U CQUNTY EXECUTIVE".' RE: Interlocal Agreement Between the City of Bellingham and Whatcom County Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY2016 Enclosed for review and signature are two (2) originals of the Interlocal Agreement between the City of Bellingham and Whatcom County for Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY2016 Local Solicitation. Total Whatcom County Jurisdiction allocation is $39,398 (with $23,752 for the City of Bellingham and $15,646 for Whatcom County). The City of Bellingham will administer the grant and provide $15,646 to the Whatcom County Sheriff's Office to purchase ballistic helmets. Please contact Undersheriff Parks at extension 6610 if you have any questions regarding the terms of this agreement. Thank you. enclosure Our_Vision.: The Office of Sheriff: Dedicated to MOking Whatcom County the Safest in the State through Excellence in 07,95,Safew. WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET 2016 ®G 0 ,.3 6 Originating Department: Sheriffs Office Contract or Grant Administrator: Jeff Parks, Undersheriff Contractor's / Agency Name: City of Bellingham Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑ Yes ® No ❑ If Amendment or Renewal, (per WCC 3.08;100 (a)) Original Contract #: Does contract require Council Approval? Yes ❑ No ® If No, include WCC: WCC 3.06.010 C0.,A6 6 r-e vl e'ua IS retu.ie ed . (see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes ® No ❑ If yes, grantor agency contract number(s): CFDA#: 16.738 Is this contract grant funded? Yes ❑ No ❑ If yes, Whatcom County grant contract number(s): Is this contract the result of a RFP or Bid process? Contract Yes ❑ No ® If yes, RFP and Bid number(s): Cost Center: 1003515006 Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form. If YES, indicate exclusion(s) below: ❑ Professional services agreement for certified/licensed professional. ❑ Contract work is for less than $100,000. ❑ Contract for Commercial off the shelf items (COTS). ❑ Contract work is for less than 120 days. ❑ Work related subcontract less than $25,000. ® Interlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA. Contract Amount: (sum of original contract amount and any Contracts that require Council Approval (incl. agenda bill & memo) prior amendments): $ 15,646.00 • Professional Services Agreement above $20,000. This Amendment Amount: • Bid is more than $50,000. . Amendments that have either an increase greater than 10% or $ provide a $10,000 increase in amount (whichever is greater) Total Amended Amount: $ 15, 64& 00 RENEWALS: Council approval is not required when exercising an option to renew that is provided in the original contract. Summary of Scope: Interlocal Agreement between City of Bellingham and Whatcom County for U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG) Program Fiscal Year (FY) 2016 Local Solicitation. Total Whatcom County Jurisdiction allocation is $39,398 (with $23,752 for the City of Bellingham and $15,646 for Whatcom County). The City of Bellingham will administer the grant and provide $15,646 to Whatcom County Sheriffs Office to purchase ballistic helmets. Term of Contract: 07/01/16 1 Expiration Date: 12/31/17 Contract Routing: 1. Prepared by: DMP 2. Attorney signoff: 3. AS Finance reviewed: 4. IT reviewed (if IT related): 5. Contractor signed: 6. Submitted to Exec.: �✓ 7. Council approved (if necessary): 8. Executive signed: 9. Original to Council: Date: 06/16/16 Date: Date:��� Date: Date: Date: Date: Date: Date: Last Edited 060414 m%L rn 4 CITY SECRETARY CONTRACT NO. THE STATE OF WASHINGTON COUNTY OF WHATCOM INTERLOCAL AGREEMENT BETWEEN THE CITY OF BELLINGHAM, AND COUNTY OF WHATCOM 2016 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this 15th day of June, 2016, by and between The COUNTY of Whatcom, acting by and through its governing body, the County Council, hereinafter referred to as COUNTY, and the CITY of Bellingham, acting by and through its governing body, the City Council, hereinafter referred to as CITY, both of Whatcom County, State of Washington, witnesseth: WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement: and WHEREAS, per the grant, Whatcom County Jurisdiction is allocated $39,398 in grant funding, $23,752 for the City and $15,646 for Whatcom County: and WHEREAS, the CITY agrees to provide the COUNTY $15,646 from the JAG award for the purchase of Ballistic Helmets: and WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds. NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of $15,646 of JAG funds. Section 2. COUNTY agrees to use $15,646 for the purchase of Enhanced Ballistic Protection until 2017. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against the "CITY' or "COUNTY" Section 4. Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. 797 Page 2 of 2 Section 5. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 6. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. CITY OF Bellingham, WA Kelli Linville, Mayor ATTEST: Brian Henshaw, Finance Department APPROVED AS TO FORM: City Attorney Chief of Police COLIN Whatc WA S eriff`� APPROVED AS TO FORM: ProsecuftQh Attorne. Jack Louws, Whatcom County Executive Whatcom County Sheriff's Office Program Abstract Abstract Enhanced officer safety and ballistic protection for first responders — In response to continued violent critical incidents at schools and public venues, the Whatcom County Sheriff's Office has developed enhanced training for incidents involving active violence against vulnerable populations. The most recent tragedy in Orlando, FL which resulted in 49 killed and 53 injured, highlights the threats that face citizens and law enforcement on a daily basis. In an effort to better prepare for and provide an enhanced response to critical violent incidents, the Whatcom County Sheriff's Office conducts ongoing training to deal with these threats and unusual situations that require an expedited response in order to save lives. In addition to training, law enforcement must be prepared and equipped to deal with armed suspects in order to effectively mitigate the threat posed to the public. In the face of such violence and destruction, law enforcement must be adequately equipped to respond in an effective manner. It is essential that all members of the Sheriff's Office have sufficient ballistic resistant vests and helmets to protect them from gunfire. Sheriff's Office uniformed personnel are required to wear ballistic vests. We are required to provide ballistic protective equipment to personnel who are subject to occupational hazards that include gunfire/ballistic threats. The Sheriff's Office currently issues ballistic vests and helmets to all deputy sheriffs. SWAT has a current need for specialized helmets that designed for their assignment and operational needs. The SWAT helmets need to be replaced in order to accommodate and integrate with hearing protection/communications gear that is necessary to carrying out their duties during a critical mission. The current SWAT helmets could then be repurposed and issued to other members of the Sheriff's Office. The Sheriff's Office objective is to utilize allocated funds to purchase and replace current ballistic helmets and improve officer safety. Project identifiers — Equipment — Tactical, Body Armor — Ballistic Resistant, Counter Terrorism and Officer Safety. 799 Whatcom County Sheriff's Office 2016 Bryne JAG grant Program Narrative The continued trend of violent attacks on innocent citizens at schools and public venues has reaffirmed why it is imperative that responders be trained and prepared to respond to incidents of active violence in an efficient and effective manner. The Sheriff's Office is uniquely positioned on the international border between the US and Canada, and is subject to both domestic and international threats. This includes not only schools and public venues, but multiple federal facilities and critical infrastructure that may be the targets of violent attacks and/or terrorism. The Sheriff's Office continues to train all deputies to deal with critical incidents, to include terrorist attacks and active shooter scenarios. In addition to training, law enforcement officers must be provided necessary equipment that enhances their officer safety and increases the likelihood that they will be able to carry out their duties without serious injury or loss of life. The recent tragedy in Orlando, FL highlighted the need for ballistic protection for first responder and tactical units. In this case, a ballistic helmet saved the life of a responding officer. During the response to save lives and neutralize the suspect, the officer was shot in the head with a bullet. The officer survived and will return to serve his community. Sheriff's Office uniformed personnel are required to wear ballistic vests. We are required to provide ballistic protective equipment to personnel who are subject to occupational hazards that include gunfire/ballistic threats. The Sheriff's Office currently issues ballistic vests and helmets to all deputy sheriffs. SWAT has a current need for specialized helmets that designed for their assignment and operational needs. The SWAT helmets need to be replaced in order to accommodate and integrate with hearing protection/communications gear that is necessary to carrying out their duties during a critical mission. The current SWAT helmets could then be repurposed and issued to other members of the Sheriff's Office. The Sheriff's Office intends to utilize JAG funding to purchase and replace ballistic helmets that have exceeded the standard operational life. These helmets are NIJ certified and met the current .06 Level IIIA standards of protection. :11 Whatcom County Sheriffs Office 2016 Bryne JAG program Budget and Budget Narrative E. Supplies Ballistic resistant helmets Total project costs BUDGET $15,646.00 Total $15,646.00 $15,646.00 BUDGET NARRATIVE EQUIPMENT. • In order to provide enhanced ballistic protection and increase officer safety, the Whatcom County Sheriff's Office intends to purchase ballistic helmets. Ballistic helmets are essential personal protective equipment that are utilized by members of the Whatcom County Sheriff's Office. The use by deputies allows them to carry out their duties while protecting them from sudden violent attacks from gunfire. Ballistic helmets - The intent is to equip deputies with NIJ certified ballistic helmets that are rated to stop handgun rounds, as well as some shotgun and rifle rounds. The Whatcom County Sheriff's Office is looking to purchase ballistic helmets, which are made in America. These helmets are worn by all deputies when responding to incidents where weapons are known to be present or the use of firearms is suspected. The use of ballistic helmets by all deputies allows them to respond quickly to an active shooter incident, while providing ballistic protection and improving officer safety. The recent mass shooting in Orlando, FL highlights the use and role helmets play in protecting those who protect others. The use of ballistic helmets serves to increase the likelihood that they can carry out their duties and save lives, while improving the chances that they go home at the end of the day. Budget Summary — When you have completed the budget worksheet, transfer the totals for each category to the spaces below. Compute the total direct costs and the total project costs. Indicate the amount of Federal funds requested and the amount of non -Federal funds that will support the project. Budget Category Federal Request Non -Federal Amounts Total A. Personnel $0 $0 $0 B. Fringe Benefits $0 $0 $0 C. Travel $0 $0 $0 D. Equipment $0 $0 $0 E. Supplies $0 $15,646 $15,646 F. Construction $0 $0 $0 G. Consultants/Contracts $0 $0 $0 H. Other $0 $0 $0 Total Direct Costs $0 $15,646 $15,646 I. Indirect Costs $0 _ $0 $0 TOTAL PROJECT COSTS $0 $15,646 $15,646 Federal Request $0 Non -Federal Amount $15,646 Total Project Cost $15,646 Public Reporting Burden Paperwork Reduction Act Notice: Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a current valid OMB control number. We try to create forms and instructions that are accurate, can be easily understood, and which impose the least possible burden on you to provide its with information. The estimated average time to complete and file this application is four (4) hours per application. If you have comments regarding the accuracy of this estimate, or suggestions for making this f orm simpler, you can write the Office of Justice Programs, Office of the Chief Financial Officer, 810 Seventh Street, NW, Washington, DC 20531; and to the Public Use Reports Project, 1121-0188, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503. Whatcom County Sheriffs Office 2016 Edward Sryne Memorial JAG Program FY 2016 Local Solicitation Review Narrative The Whatcom County Sheriff's Office intends to make its Fiscal Year 2016 JAG application available to the Whatcom County Council for its review and comment on June 28, 2016. The application has not yet been made available for public review and comment. The Whatcom County Sheriff's Office will make its Fiscal Year 2016 JAG application available to citizens for comment at the Whatcom County Council meeting on June 28, 2016. 1.011131 Whatcom County Sheriffs Office 2016 Edward Bryne Memorial JAG Program FY 2016 Local Solicitation Applicant Disclosure of Pending Applications The Whatcom County Sheriff's Office does have a pending application within the last 12 months for federal funding to cover some costs of the proposed program under this solicitation. The Whatcom County Sheriff's Office has applied for the 2016 DOJ Bulletproof Vest Partnership grant. Federal Funding Agency Solicitation Name Name/Phone/Email for Point of Contact USDOJ Bulletproof Vest Partnership 1-877-758-3787/owner-bvp-list(&,ojp.usdoj.gov = OMB No. 1121-0329 Approval Expires 12/31/2018 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP) Bureau of Justice Assistance (BJA) is seeking applications for funding under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. This program furthers the Department's mission by assisting state, local, and tribal efforts to prevent or reduce crime and violence. Edward Byrne Memorial Justice Assistance Grant (JAG) Program Fiscal Year (FY) 2016 Local Solicitation Applications Due: June 30, 2016 Eligibility Eligible applicants are limited to units of local government appearing on the FY 2016 JAG Allocations List. To view this list, go to www.bia.gov/programs/iaq/l6magallocations.htm1. For JAG Program purposes, a unit of local government is a town, township, village, parish, city, county, borough, or other general purpose political subdivision of a state; or, it may also be a federally recognized Indian tribal government that perform law enforcement functions (as determined by the Secretary of the Interior). Otherwise a unit of local government may be any law enforcement district or judicial enforcement district established under applicable state law with authority to independently establish a budget and impose taxes. In Louisiana, a unit of local government means a district attorney or parish sheriff. Deadline Applicants must register in the OJP Grants Management System (GMS) prior to submitting an application for this funding opportunity. Registration is required for all applicants, even those previously registered in GMS. Select the "Apply Online" button associated with the solicitation title. All registrations and applications are due by due by 5:00 p.m. eastern time on June 30, 2016. For additional information, see How to Apply in Section D. Application and Submission Information. e Contact Information For technical assistance with submitting an application, contact the Grants Management System Support Hotline at 888-549-9901, option 3 or via email at GMS.HelpDesk(Qusdoj.gov. The GMS Support Hotline hours of operation are Monday — Friday from 6:00 a.m. to midnight eastern time, except federal holidays. Applicants that experience unforeseen GMS technical issues beyond their control that prevent them from submitting their application by the deadline must email the contact identified below within 24 hours after the application deadline and request approval to submit their application. Additional information on reporting technical issues is found under "Experiencing Unforeseen GMS Technical Issues" in the How to Apply section. For assistance with any other requirement of this solicitation, contact the National Criminal Justice Reference Service (NCJRS) Response Center: toll -free at 1-800-851-3420; via TTY at 301-240-6310 (hearing impaired only); email grants(q-),ncirs.gov; fax to 301-240-5830; or web chat at https://webcontact.ncgrs.gov/ncichat/chat.esp. The NCJRS Response Center hours of operation are 10:00 a.m. to 6:00 p.m. eastern time, Monday through Friday. You may also contact your State Policy Advisor. Release date: May 16, 2016 2 BJA-2016-9020 M Contents A. Program Description.............................................................................................................. 4 Overview................................................................................................................................ 4 Program -Specific Information................................................................................................. 4 Goals, Objectives, and Deliverables....................................................................................... 7 Evidence -Based Programs or Practices .............. :.................................................................. 7 B. Federal Award Information..................................................................................................... 8 Typeof Award........................................................................................................................ 8 Financial Management and System of Internal Controls......................................................... 9 BudgetInformation................................................................................................................10 Cost Sharing or Matching Requirement.................................................................................11 Pre -Agreement Cost (also known as Pre -award Cost) Approvals..........................................11 Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs ...................11 Costs Associated with Language Assistance (if applicable)..................................................12 C. Eligibility Information.............................................................................................................14 Limit on Number of Application Submissions.........................................................................14 D. Application and Submission Information...............................................................................14 What an Application Should Include......................................................................................14 Howto Apply.........................................................................................................................22 E. Application Review Information.............................................................................................24 ReviewProcess....................................................................................................................24 F. Federal Award Administration Information............................................................................25 FederalAward Notices..........................................................................................................25 Administrative, National Policy, and other Legal Requirements.............................................25 General Information about Post -Federal Award Reporting Requirements .............................26 G. Federal Awarding Agency Contact(s)...................................................................................26 H. Other Information..................................................................................................................26 ProvideFeedback to OJP.....................................................................................................26 ApplicationChecklist.............................................................................................................28 3 BJA-2016-9020 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: FY 2016 Local Solicitation (CFDA #16.738) A. Program Description Overview The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. § 3751(a)) is the primary provider of federal criminal justice funding to state and local jurisdictions. The JAG Program provides states and units of local governments with critical funding necessary to support a range of program areas including law enforcement; prosecution and court programs; prevention and education programs; corrections and community corrections; drug treatment and enforcement; crime victim and witness initiatives; and planning, evaluation, and technology improvement programs. Program -Specific Information JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as: • Law enforcement programs. • Prosecution and court programs, including indigent defense. • Prevention and education programs. • Corrections, community corrections and reentry programs. • Drug treatment and enforcement programs. • Planning, evaluation, and technology improvement programs. • Crime victim and witness programs (other than compensation). Additionally, BJA reminds applicants that the JAG program allows funding for broadband deployment and adoption activities as they relate to criminal justice activities. JAG Priority Areas BJA recognizes that there are significant pressures on state and local criminal justice systems. In these challenging times, shared priorities and leveraged resources can make a significant impact. In light of this, it is important to make State Administering Agencies (SAAs) and local JAG recipients aware of several areas of priority that may be of help in maximizing the effectiveness of JAG funding at the state and local level. The following priorities represent key areas where BJA will be focusing nationally and encourages each state and local JAG recipient to join us in addressing these challenges as a part of our JAG partnership: Reducing Gun Violence Gun violence has touched nearly every state, local, and tribal government in America. BJA continues to encourage states and localities to invest valuable JAG funds in programs to combat gun violence, enforce existing firearms laws, and improve the process for ensuring that persons prohibited from purchasing or owning guns are prevented from doing so by enhancing reporting to the FBI's National Instant Criminal Background Check System (NICS). rd BJA-2016-9020 ili While our nation has made great strides in reducing violent crime, some municipalities and regions continue to experience unacceptable levels of violent crime at rates far in excess of the national average. In 2014, as part of BJA's longstanding commitment to support effective strategies to reduce violent crime, BJA launched the Violence Reduction Network (VRN). By the end of FY 2016, 10 VRN sites, working with a broad network of federal, state, and local partners, will be implementing data -driven evidence -based strategies to reduce deeply entrenched violent crime in their communities. States and localities can support VRN sites by investing JAG funds in technology, crime analysis, training, and community -based crime reduction programs in VRN communities. For information on VRN, see www.bia.aov/Proarams/VRN.html. Body -Worn Cameras, Storage, and Policies Law enforcement agencies across the country are equipping their officers with body -worn cameras (BWCs) to increase transparency and build community trust. The important benefits of BWCs, and the challenges in implementing BWC programs, are highlighted in several recent publications: see the Office of Justice Programs' Diagnostic Center report Police Officer Body - Worn Cameras: Assessing the Evidence, and the COPS Office and Police Executive Research Forum paper, Implementing A Body -Worn Camera Program: Recommendations and Lessons Learned. JAG funding is an important potential source of funding for law enforcement agencies implementing new BWC programs or enhancing existing programs. JAG funds may be used to purchase BWCs and for costs associated with the BWC program, such as storage and policy development. Similarly, SAAs are encouraged to use either their Variable Pass -Through (VPT) or their "less than $10,000" funding that is added into the state award to set aside funds to assist small departments in implementing BWC programs. Grantees who wish to use JAG funds to purchase BWC equipment, or to implement or enhance BWC programs, must certify that they or the law enforcement agency receiving the BWC funding have policies and procedures in place related to equipment usage, data storage, privacy, victims, access, disclosure, training, etc. A copy of the required BWC certification can be found at www.boa.gov/Funding/BodyWornCameraCert.pdf. The BJA BWC Toolkit provides model BWC policies, resources, and best practices to assist departments in implementing BWC programs. National Incident -Based Reporting System (NIBRS) The FBI has formally announced its intentions to establish NIBRS as the law enforcement (LE) crime data reporting standard for the nation. The transition to NIBRS will provide a more complete and accurate picture of crime at the national, state, and local level. Once this transition is complete, the FBI will no longer collect summary data and will only accept data in the NIBRS format and JAG awards will be based on submitted NIBRS data. Transitioning all law enforcement agencies to NIBRS is the first step in gathering more comprehensive crime data. State and local JAG grantees are encouraged to use JAG funds to expedite the transition to NIBRS in their jurisdictions. Justice System Reform and Reentry There is growing bipartisan support for Justice Systems Reform and Reentry. A promising approach to justice systems reform is the Justice Reinvestment Initiative (JRI), a public -private partnership between BJA and the PEW Public Safety Performance Project. Currently, 30 states have used the justice reinvestment process to control spiraling incarceration costs and reinvest BJA-2016-9020 e in evidence -based criminal justice programs and strategies. Strategic investments of JAG funds to implement JRI legislation and policy changes in JRI states can augment federal funds and achieve greater cost savings and reinvestments in programs to promote public safety. For state - by -state information on JRI, please visit the JRI Sites web page. Over the past seven years, DOJ has partnered with state, local, and tribal agencies and national organizations to support hundreds of reentry programs across the country to provide job training, healthcare, housing, treatment, and other services to individuals returning to our communities from prisons and jails. The demand for effective reentry services remains high. More than 600,000 men and women leave our prisons every year and more than 11 million people cycle through our jails. Investments of JAG funds to support reentry efforts at the state and local level will pay dividends for returning citizens and for public safety in America. A summary of research -based reentry strategies is available on the National Reentry Resource Center's What Works in Reentry Clearinghouse along with a map identifying federally funded Second Chance Act Reentry programs at the state and local level. (See https:Hcsgiusticecenter.org/nrrc). Public Defense Another key priority area is support for improving public defense delivery systems. To support this priority in November 2015, BJA established the Right to Counsel National Consortium (www.rtcnationalcampai.qn.org ) to spearhead a national conversation on how to ensure the Sixth Amendment Right to Counsel for every individual. BJA continues to encourage states and SAAs to use JAG funds to ensure that no person faces the loss of liberty without first having the aid of a lawyer with the time, ability, and resources to present an effective defense. Currently, across the nation public defense reform is being supported by governors, state legislators, chief judges and local communities. Research shows that early appointment of counsel can decrease jail and prison stays and produce better outcomes for defendants and communities. Many of these successes are guided by the American Bar Association's Ten Principles of a Public Defense Delivery System, which are recommendations for government officials and other parties who are charged with improving public defense delivery systems (http://www.americanbar.org/content/dam/aba/administrative/legal aid indigent defendants/Is sclaid def tenprinciplesbooklet.authcheckdam.pdf). Improving Mental Health Services Many people with mental illness enter the criminal justice system without a diagnosis or with untreated mental illness. Screening and assessment is critical to identify and provide appropriate referrals to treatment. This is an issue that impacts numerous facets of the criminal justice system. BJA encourages states to utilize JAG funding in support of programs and policy changes aimed at identifying and treating people with severe mental illness to divert when appropriate, treat during incarceration, and engage in appropriate pre-release planning for the provision of community treatment (see JMHCP Resources). BJA provides training and technical assistance (TTA) to grantees and non -grantees (states, jurisdictions) to increase enrollment in health care plans (increase linkages to health care providers) that can increase access to treatment for improved mental health outcomes. Information can be found at www.biatrainina.ora. DOJ Universal Accreditation w/Forensic Service Providers In 2015, the National Commission on Forensic Science (NCFS) announced recommendations on strengthening the field of forensic science. There are a number of key principles, which include promoting universal accreditation and finding ways to improve upon medical -legal C: BJA-2016-9020 1 investigative processes. For additional information on these recommendations, please review the New Accreditation Policies to Advance Forensic Science. The JAG program provides broad - based support to states and local jurisdictions across the nation in order to strengthen our criminal justice system, including the forensic sciences. As such, BJA encourages investments of JAG funds for programs and activities related to forensic work, including accreditation of forensic labs. Goals, Objectives, and Deliverables The Chief Executive Officer (CEO) of an eligible unit of local government or other officer designated by the CEO must submit the application for JAG funds. A unit of local government receiving a JAG award will be responsible for the administration of the funds including: distributing the funds; monitoring the award; submitting quarterly financial status (SF-425), performance metrics reports, and semi-annual programmatic reports; and providing ongoing oversight and assistance to any subrecipients of the funds. Evidence -Based Programs or Practices OJP strongly emphasizes the use of data and evidence in policy making, program development, and program implementation in criminal justice, juvenile justice, and crime victim services. OJP is committed to: • Improving the quantity and quality of evidence OJP generates • Integrating evidence into program, practice, and policy decisions within OJP and the field • Improving the translation of evidence into practice OJP considers programs and practices to be evidence -based when their effectiveness has been demonstrated by causal evidence, generally obtained through one or more outcome evaluations. Causal evidence documents a relationship between an activity or intervention (including technology) and its intended outcome, including measuring the direction and size of a change, and the extent to which a change may be attributed to the activity or intervention. Causal evidence depends on the use of scientific methods to rule out, to the extent possible, alternative explanations for the documented change. The strength of causal evidence, based on the factors described above, will influence the degree to which OJP considers a program or practice to be evidence -based. The OJP CrimeSolutions.gov website is one resource that applicants may use to find information about evidence -based programs in criminal justice, juvenile justice, and crime victim services. A useful matrix of evidence -based policing programs and strategies is available through the Center for Evidence -Based Crime Policy at George Mason University. BJA offers a number of program models designed to effectively implement promising and evidence - based strategies through the BJA "Smart Suite" of programs including Smart Policing, Smart Supervision, Smart Pretrial, Smart Defense, Smart Prosecution, Smart Reentry and others (see https://www.bma.gov/programs/crppe/smartsuite.htm). BJA encourages states to use JAG funds to support these "smart on crime" strategies, including effective partnerships with universities and research partners and with non-traditional criminal justice partners. BJA Success Stories The BJA Success Story web page was designed to identify and highlight projects that have demonstrated success or shown promise in reducing crime and positively impacting communities. This web page will be a valuable resource for states, localities, territories, tribes, IN BJA-2016-9020 811 and criminal justice professionals who seek to identify and learn about JAG and other successful BJA-funded projects linked to innovation, crime reduction, and evidence -based practices. BJA strongly encourages the recipient to submit annual (or more frequent) success stories. If you have a Success Story you would like to submit, sign in to your My BJA account to access the Success Story Submission form. If you do not have a My BJA account, please register. Once you register, one of the available areas on your My BJA page will be "My Success Stories. "Within this box, you will see an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success Story web page. B. Federal Award Information BJA estimates that it will make up to 1,161 local awards totaling an estimated $86.4 million Awards of at least $25,000 are four years in length, and award periods will be from October 1, 2015 through September 30, 2019. Extensions beyond this period may be made on a case -by - case basis at the discretion of BJA and must be requested via GMS no less than 30 days prior to the grant end date. Awards of less than $25,000 are two years in length, and award periods will be from October 1, 2015 through September 30, 2017. Extensions of up to two years can be requested for these awards via GMS no less than 30 days prior to the grant end date, and will be automatically granted upon request. All awards are subject to the availability of appropriated funds and to any modifications or additional requirements that may be imposed by law. Eligible allocations under JAG are posted annually on BJA's JAG web page: www.b*a.gov/ProgramDetails.aspx?Program ID=59. Type of Award' BJA expects that it will make any award from this solicitation in the form of a grant. JAG awards are based on a statutory formula as described below: Once each fiscal year's overall JAG Program funding level is determined, BJA partners with the Bureau of Justice Statistics (BJS) to begin a four -step grant award calculation process which consists of: 1. Computing an initial JAG allocation for each state and territory, based on their share of violent crime and population (weighted equally). 2. Reviewing the initial JAG allocation amount to determine if the state or territory allocation is less than the minimum ("de minimus") award amount defined in the JAG legislation (0.25 percent of the total). If this is the case, the state or territory is funded at the minimum level, and the funds required for this are deducted from the overall pool of JAG See generally 31 U.S.C. §§ 6301-6305 (defines and describes various forms of federal assistance relationships, including grants and cooperative agreements [a type of grant)). 8 BJA-2016-9020 812 funds. Each of the remaining states receives the minimum award plus an additional amount based on their share of violent crime and population. 3. Dividing each state's final award amount (except for the territories and District of Columbia) between state and local governments at a rate of 60 and 40 percent, respectively. 4. Determining local unit of government award allocations, which are based on their proportion of the state's 3-year violent crime average. If a local eligible award amount is less than $10,000, the funds are returned to the state to be awarded to these local units of government through the state agency. If the eligible award amount is $10,000 or more, then the local government is eligible to apply for a JAG award directly from BJA. Financial Management and System of Internal Controls Award recipients and subrecipients (including any recipient or subrecipient funded in response to this solicitation that is a pass -through entity) must, as described in the Part 200 Uniform Requirements set out at 2 C.F.R. 200.303: (a) Establish and maintain effective internal control over the Federal award that provides reasonable assurance that the recipient (and any subrecipient) is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. These internal controls should be in compliance with guidance in "Standards for Internal Control in the Federal Government" issued by the Comptroller General of the United States and the "Internal Control Integrated Framework," issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). (b) Comply with Federal statutes, regulations, and the terms and conditions of the Federal awards. (c) Evaluate and monitor the recipient's (and any subrecipient's) compliance with statutes, regulations, and the terms and conditions of Federal awards. (d) Take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings. (e) Take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or pass -through entity designates as sensitive or the recipient (or any subrecipient) considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. In order to better understand administrative requirements and cost principles, applicants are encouraged to enroll, at no charge, in the Department of Justice Grants Financial Management Online Training available here. 2 For purposes of this solicitation (or program announcement), "pass -through entity" includes any entity eligible to receive funding as a recipient or subrecipient under this solicitation (or program announcement) that, if funded, may make a subaward(s) to a subrecipient(s) to carry out part of the funded program. 9 BJA-2016-9020 813 Budget Information Administrative Funds — Grant recipients may use up to 10 percent of the JAG award, including up to 10 percent of any earned interest, for costs associated with administering funds. Administrative funds (when utilized) must be tracked separately and recipients must report on SF-425s those expenditures that specifically relate to each grant number and established grant period. Additionally, recipients and subrecipients are prohibited from commingling funds on a program -by -program or project -by -project basis. More specifically, administrative funds under JAG are utilized for the same purpose each year (i.e., the administration of JAG funding) and therefore not considered separate programs/projects (commingling is not occurring) when utilized across all active JAG awards. Disparate Certification — A disparate allocation occurs when a city or municipality is allocated one -and -one-half times (150 percent) more than the county, while the county bears more than 50 percent of the costs associated with prosecution or incarceration of the municipality's Part 1 violent crimes. A disparate allocation also occurs when multiple cities or municipalities are collectively allocated four times (400 percent) more than the county, and the county bears more than 50 percent of the collective costs associated with prosecution or incarceration of each municipality's Part 1 violent crimes. Jurisdictions certified as disparate must identify a fiscal agent that will submit a joint application for the aggregate eligible allocation to all disparate municipalities. The joint application must determine and specify the award distribution to each unit of local government and the purposes for which the funds will be used. When beginning the JAG application process, a Memorandum of Understanding (MOU) that identifies which jurisdiction will serve as the applicant/fiscal agent for joint funds must be completed and signed by the Authorized Representative for each participating jurisdiction. The signed MOU should be attached to the application. For a sample MOU, go to www.bia.gov/Fundinq/JAGMOU.pdf. Supplanting — Supplanting is prohibited under JAG. Applicants cannot replace or supplant non- federal funds that have been appropriated for the same purpose. See the JAG FAQs on BJA's JAG web page for examples of supplanting. Leveraging of Grant Funds — Although supplanting is prohibited, the leveraging of federal funding is encouraged. For example, a city may utilize JAG and Homeland Security Grant Program (HSGP) money to fund different portions of a fusion center project. In instances where leveraging occurs, all federal grant funds must be tracked and reported separately and may not be used to fund the same line items. Additionally, federal funds cannot be used as match for other federal awards. Trust Fund — Units of Local Government may draw down JAG funds in advance. To do so, a trust fund must be established in which to deposit the funds. The trust fund may or may not be an interest -bearing account. If subrecipients draw down JAG funds in advance, they also must establish a trust fund in which to deposit funds. This trust fund requirement does not apply to direct JAG award recipients or subrecipients that draw down on a reimbursement basis rather than in advance. 10 BJA-2016-9020 HE Prohibited and Controlled Uses — The JAG Prohibited and Controlled Expenditures Guidance represents a combination of BJA-controlled items and those controlled under the Executive Order on "Federal Support for Local Law Enforcement Equipment Acquisition" that was signed on January 16, 2015. The guidance contains: 1. Table of all prohibited expenditures (strictly unallowable expenditures under JAG). 2. Table of all controlled expenditures (expenditures which require prior written approval from BJA under JAG; including UAV guidance checklist). 3. Controlled Expenditures Justification Template (must be completed and submitted for any JAG controlled expenditures request to be considered for approval by BJA). 4. Overall Controlled Expenditure/Equipment Guidance (should be reviewed in conjunction with the template prior to controlled expenditures request(s) being submitted to BJA). 5. Standards for State, Local and Tribal Law Enforcement Agencies for the Acquisition of Controlled Equipment with Federal Resources. Additional information on JAG controlled and prohibited expenditures, along with the process for requesting prior approval from BJA to expend funds on controlled items, can be found within the JAG FAQs. Cost Sharing or Matching Requirement This solicitation does not require a match. However, if a successful application proposes a voluntary match amount, and OJP approves the budget, the total match amount incorporated into the approved budget becomes mandatory and subject to audit. Pre -Agreement Cost (also known as Pre -award Cost) Approvals Pre -agreement costs are costs incurred by the applicant prior to the start date of the period of performance of the grant award. OJP does not typically approve pre -agreement costs; an applicant must request and obtain the prior written approval of OJP for all such costs. If approved, pre -agreement costs could be paid from grant funds consistent with a grantee's approved budget, and under applicable cost standards. However, all such costs prior to award and prior to approval of the costs are incurred at the sole risk of an applicant. Generally, no applicant should incur project costs before submitting an application requesting federal funding for those costs. Should there be extenuating circumstances that appear to be appropriate for OJP's consideration as pre - agreement costs, the applicant should contact the point of contact listed on the title page of this announcement for details on the requirements for submitting a written request for approval. See the section on Costs Requiring Prior Approval in the Financial Guide, for more information. Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs OJP strongly encourages applicants that propose to use award funds for any conference-, meeting-, or training -related activity to review carefully —before submitting an application —the OJP policy and guidance on conference approval, planning, and reporting available at www.oip.qov/financialguide/DOJ/PostawardReguirements/chapter3.10a.htm. OJP policy and guidance (1) encourage minimization of conference, meeting, and training costs; (2) require prior written approval (which may affect project timelines) of most conference, meeting, and training costs for cooperative agreement recipients and of some conference, meeting, and training costs for grant recipients; and (3) set cost limits, including a general prohibition of all food and beverage costs. 11 BJA-2016-9020 815 Costs Associated with Language Assistance (if applicable) If an applicant proposes a program or activity that would deliver services or benefits to individuals, the costs of taking reasonable steps to provide meaningful access to those services or benefits for individuals with limited English proficiency may be allowable. Reasonable steps to provide meaningful access to services or benefits may include interpretation or translation services where appropriate. For additional information, see the "Civil Rights Compliance" section -under "Solicitation Requirements" in OJP's Funding Resource Center. Other JAG Requirements Compliance with Applicable Federal Laws Applicants for state and local JAG formula grants are required to certify compliance with all applicable federal laws at the time of application. In that regard, Members of Congress have asked the Department of Justice to examine whether jurisdictions with "sanctuary policies" (i.e., policies that either prevent law enforcement from releasing persons without lawful immigration status into federal custody for deportation, or that prevent state or local law enforcement from sharing certain information with Department of Homeland Security [DHS] officials), are in violation of 8 U.S.C. section 1373. All applicants should understand that if OJP receives information that indicates that an applicant may be in violation of any applicable federal law, that applicant may be referred to the DOJ Office of Inspector General (OIG) for investigation; if the applicant is found to be in violation of an applicable federal law by the OIG, the applicant may be subject to criminal and civil penalties, in addition to relevant OJP programmatic penalties, including suspension or termination of funds, inclusion on the high risk list, repayment of funds, or suspension and debarment. Law Enforcement Agency Training Information Any law enforcement agency receiving direct or subawarded JAG funding must submit quarterly accountability metrics data related to training on use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public that officers have received. Any grantees that fail to submit this data will have their grant funds frozen. Accountability metrics reports must be submitted through BJA's PMT, available at www.biaperformancetools.org. The accountability measures can be found at: httD://www.biar)erformancetools.ora/help/iaadocs.html. Body -Worn Camera (BWC) purchases Grantees who wish to use JAG funds to purchase BWC equipment, or to implement or enhance BWC programs, must certify that they or the law enforcement agency receiving the BWC funding have policies and procedures in place related to equipment usage, data storage, privacy, victims, access, disclosure, training, etc. A copy of the required BWC certification can be found at www.bia.gov/Funding/BodyWornCameraCert.pdf. Any grantees that wish to use JAG funds for BWC-related expenses who do not have BWC policies and procedures in place will have funds withheld until a certification is submitted and approved by BJA. 12 BJA-2016-9020 The BJA BWC Toolkit provides model BWC policies, resources, and best practices to assist departments in implementing BWC programs. Body Armor Ballistic -resistant and stab -resistant body armor can be funded through two BJA-administered programs: the JAG Program and the Bulletproof Vest Partnership (BVP) Program. The BVP Program is designed to provide a critical resource to state and local law enforcement through the purchase of ballistic -resistant and stab -resistant body armor. A jurisdiction is able to request up to 50 percent of the cost of a vest with BVP funds. For more information on the BVP Program, including eligibility and application, refer to the BVP web gape. JAG funds may also be used to purchase vests for an agency, but they may not be used to pay for that portion of the ballistic -resistant vest (50 percent) that is not covered by BVP funds. Unlike BVP, JAG funds used to purchase vests do not require a 50 percent match. Vests purchased with JAG funds may be purchased at any threat level, make, or model from any distributor or manufacturer, as long as the vests have been tested and found to comply with the latest applicable National Institute of Justice (NIJ) ballistic or stab standards. In addition, vests purchased must be American -made. Information on the latest NIJ standards can be found at: www.nii.qov/topics/technologv/body-armor/safety-initiative.htm. As is the case in BVP, grantees who wish to purchase vests with JAG funds must certify that law enforcement agencies receiving vests have a written "mandatory wear" policy in effect. FAQs related to the mandatory wear policy and certifications can be found at www.boa.gov/Funding/JAGFAQ.Pdf. This policy must be in place for at least all uniformed officers before any FY 2016 funding can be used by the agency for vests. There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. The certification must be signed by the Authorized Representative and must be attached to the application. If the grantee proposes to change project activities to utilize JAG funds to purchase bulletproof vests after the application period (during the project period), the grantee must submit the signed certification to BJA at that time. A mandatory wear concept and issues paper and a model policy are available by contacting the BVP Customer Support Center vests(a)usdoi.gov or toll free at 1-877-758-3787. A copy of the certification related to the mandatory wear can be found at: www.bia.aov/Fundina/BodvArmorMandatorvWearCert.r)df. DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database If JAG Program funds will be used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System (CODIS, the national DNA database operated by the FBI) by a government DNA lab with access to CODIS. No profiles generated with JAG funding may be entered into any other non -governmental DNA database without prior express written approval from BJA. For more information, refer to the NIJ DNA Backlog Reduction Program, available at www.nii.gov/topics/forensics/lab-operations/evidence- backlogs/Pages/backlog-reduction-program.aspx. In addition, funds may not be used for purchase of DNA equipment and supplies when the resulting DNA profiles from such technology are not accepted for entry into CODIS. 13 BJA-2016-9020 817 Interoperable Communications Grantees (including subgrantees) that are using FY 2016 JAG Program funds to support emergency communications activities (including the purchase of interoperable communications equipment and technologies such as voice-over-internet protocol bridging or gateway devices, or equipment to support the build out of wireless broadband networks in the 700 MHz public safety band under the Federal Communications Commission (FCC) Waiver Order) should review FY 2016 SAFECOM Guidance. The SAFECOM Guidance is updated annually to provide current information on emergency communications policies, eligible costs, best practices, and technical standards for state, local, tribal, and territorial grantees investing federal funds in emergency communications projects. Additionally, emergency communications projects should support the Statewide Communication Interoperability Plan (SCIP) and be coordinated with the full-time Statewide Interoperability Coordinator (SWIC) in the state of the project. As the central coordination point for their state's interoperability effort, the SWIC plays a critical role, and can serve as a valuable resource. SWICs are responsible for the implementation of the SCIP through coordination and collaboration with the emergency response community. The U.S. Department of Homeland Security Office of Emergency Communications maintains a list of SWICs for each of the 56 states and territories. Contact OEC(a-)_hg.dhs.gov. All communications equipment purchased with grant award funding should be identified during quarterly performance metrics reporting. In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative guidelines and recommendations for this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: www.it.oip.gov/qsp grantcondition. Grantees shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. C. Eligibility Information For eligibility information, see the title page. For additional information on cost sharing or matching requirements, see Section B. Federal Award Information. Limit on Number of Application Submissions If an applicant submits multiple versions of the same application, BJA will review only the most recent system -validated version submitted. For more information on system -validated versions, see How to Apply. D. Application and Submission Information What an Application Should Include Applicants should anticipate that if they fail to submit an application that contains all of the specified elements, it may negatively affect the review of their application; and, should a decision be made to make an award, it may result in the inclusion of special conditions that 14 BJA-2016-9020 preclude the recipient from accessing or using award funds pending satisfaction of the conditions. Applicants may combine the Budget Narrative and the Budget Detail Worksheet in one document. However, if an applicant submits only one budget document, it must contain both narrative and detail information. Please review the "Note on File Names and File Types" under How to Apply to be sure applications are submitted in permitted formats. OJP strongly recommends that applicants use appropriately descriptive file names (e.g., "Program Narrative," "JAG Budget and Budget Narrative," "Timelines," "Memoranda of Understanding," "Resumes") for all attachments. Also, OJP recommends that applicants include resumes in a single file. Failure to submit the required information will result in an application being returned in the Grants Management System (GMS) for inclusion of the missing information OR the attachment of a withholding of funds special condition at the time of award. 1. Information to Complete the Application for Federal Assistance (SF-424) The SF-424 is a required standard form used as a cover sheet for submission of pre - applications, applications, and related information. GMS takes information from the applicant's profile to populate the fields on this form. Intergovernmental Review: This funding opportunity is subject to Executive Order 12372. Applicants may find the names and addresses of their state's Single Point of Contact (SPOC) at the following website: www.whitehouse.gov/omb/grants spoc/. Applicants whose state appears on the SPOC list must contact their state's SPOC to find out about, and comply with, the state's process under Executive Order 12372. In completing the SF-424, applicants whose state appears on the SPOC list are to make the appropriate selection in response to question 19 once the applicant has complied with their state's E.O. 12372 process. (Applicants whose state does not appear on the SPOC list are to make the appropriate selection in response to question 19 to indicate that the "Program is subject to E.O. 12372 but has not been selected by the State for review.") 2. Project Abstract Applications should include a high -quality project abstract that summarizes the proposed project in 400 words or less. Project abstracts should be: • Written for a general public audience and submitted as a separate attachment with "Project Abstract" as part of its file name. • Single-spaced, using a standard 12-point font (Times New Roman) with 1-inch margins • Include applicant name, title of the project, a brief description of the problem to be addressed and the targeted area/population, project goals and objectives, a description of the project strategy, any significant partnerships, and anticipated outcomes. • Identify up to 5 project identifiers that would be associated with proposed project activities. The list of identifiers can be found at www.bla.gov/funding/JAGIdentifiers.pdf. As a separate attachment, the project abstract will not count against the page limit for the program narrative. 15 BJA-2016-9020 i e 3. Program Narrative Applicants must submit a program narrative that generally describes the proposed program activities for the two or four year grant period. The narrative must outline the type of programs to be funded by the JAG award and provide a brief analysis of the need for the programs. Narratives must also identify anticipated coordination efforts involving JAG and related justice funds. Certified disparate jurisdictions submitting a joint application must specify the funding distribution to each disparate unit of local government and the purposes for which the funds will be used. A plan for collecting the data required for this solicitation's performance measures should also be included. To demonstrate program progress and success, as well as to assist the Department with fulfilling its responsibilities under the Government Performance and Results Act of 1993 (GPRA), Public Law 103-62, and the GPRA Modernization Act of 2010, Public Law 111-352, applicants that receive funding under this solicitation must provide data that measure the results of their work done under this solicitation. Quarterly accountability metrics reports must be submitted through BJA's PMT, available at www.biaperformancetools.org. The accountability measures can be found at: http://www.biaperformancetools.org/help/iagdocs.htmi. BJA does not require applicants to submit performance measures data with their application. Performance measures are included as an alert that BJA will require successful applicants to submit specific data as part of their reporting requirements. For the application, applicants should indicate an understanding of these requirements and discuss how they will gather the required data, should they receive funding. Note on Project Evaluations Applicants that propose to use funds awarded through this solicitation to conduct project evaluations should be aware that certain project evaluations (such as systematic investigations designed to develop or contribute to generalizable knowledge) may constitute "research" for purposes of applicable DOJ human subjects protection regulations. However, project evaluations that are intended only to generate internal improvements to a program or service, or are conducted only to meet OJP's performance measure data reporting requirements likely do not constitute "research." Applicants should provide sufficient information for OJP to determine whether the particular project they propose would either intentionally or unintentionally collect and/or use information in such a way that it meets the DOJ regulatory definition of research. Research, for the purposes of human subjects protections for OJP-funded programs, is defined as, "a systematic investigation, including research development, testing, and evaluation, designed to develop or contribute to generalizable knowledge" 28 C.F.R. § 46.102(d). For additional information on determining whether a proposed activity would constitute research, see the decision tree to assist applicants on the "Research and the Protection of Human Subjects" section of the OJP's Funding Resource Center. Applicants whose proposals may involve a research or statistical component also should review the"'Data Privacy and Confidentiality Requirements" section on that web page. 4. Budget Detail Worksheet and Budget Narrative Applicants must submit a budget detail worksheet and budget narrative outlining how JAG funds, including administrative funds (up to 10% of the grant award) if applicable, will be used to 16 BJA-2016-9020 support and implement the program. Please note that if an applicant submits only one budget document, it must contain both narrative and detail information. a. Budget Detail Worksheet A sample Budget Detail Worksheet can be found at www.oip.gov/funding/Apply/Resources/BudgetDetailWorksheet.pdf. Applicants that submit their budget in a different format should include the budget categories listed in the sample budget worksheet. The Budget Detail Worksheet should be broken down by year. b. Budget Narrative The budget narrative should thoroughly and clearly describe every category of expense listed in the Budget Detail Worksheet. OJP expects proposed budgets to be complete, cost effective, and allowable (e.g., reasonable, allocable, and necessary for project activities). This narrative should include a full description of all costs, including administrative costs (if applicable) and how funds will be allocated across the seven allowable JAG program areas (law enforcement, prosecution, indigent defense, courts, crime prevention and education, corrections and community corrections, drug treatment and enforcement, planning, evaluation, technology improvement, and crime victim and witness initiatives). Applicants should demonstrate in their budget narratives how they will maximize cost effectiveness of grant expenditures. Budget narratives should generally describe cost effectiveness in relation to potential alternatives and the goals of the project. For example, a budget narrative should detail why planned in -person meetings are necessary, or how technology and collaboration with outside organizations could be used to reduce costs, without compromising quality. The narrative should be mathematically sound and correspond with the information and figures provided in the Budget Detail Worksheet. The narrative should explain how the applicant estimated and calculated all costs, and how they are relevant to the completion of the proposed project. The narrative may include tables for clarification purposes but need not be in a spreadsheet format. As with the Budget Detail Worksheet, the Budget Narrative should be broken down by year. For questions pertaining to budget and examples of allowable and unallowable costs, see the DOJ Grants Financial Guide at www.oip.gov/financial.quide/index.htm. c. Non -Competitive Procurement Contracts In Excess of Simplified Acquisition Threshold If an applicant proposes to make one or more non-competitive procurements of products or services, where the non-competitive procurement will exceed the simplified acquisition threshold (also known as the small purchase threshold), which is currently set at $150,000, the application should address the considerations outlined in the Financial Guide. d. Pre -Agreement Costs For information on pre -agreement costs, see "Pre -Agreement Cost Approvals" under Section B. Federal Award Information. 17 BJA-2016-9020 821 5. Indirect Cost Rate Agreement (if applicable) Indirect costs are allowed only under the following circumstances: (a) The applicant has a current, federally approved indirect cost rate; or (b) The applicant is eligible to use and elects to use the "de minimis" indirect cost rate described in the Part 200 Uniform Requirements as set out at 2 C.F.R. 200.414(f). Attach a copy of the federally approved indirect cost rate agreement to the application. Applicants that do not have an approved rate may request one through their cognizant federal agency, which will review all documentation and approve a rate for the applicant organization, or, if the applicant's accounting system permits, costs may be allocated in the direct cost categories. For the definition of Cognizant Federal Agency, see the "Glossary of Terms" in the Financial Guide. For assistance with identifying your cognizant agency, please contact the Customer Service Center at 1-800-458-0786 or at ask. ocfo(@usdoi.gov. If DOJ is the cognizant federal agency, applicants may obtain information needed to submit an indirect cost rate proposal at www.ojp.gov/funding/Apply/Resources/indirectCosts.pdf. In order to use the "de minimis" indirect rate, attach written documentation to the application that advises OJP of both the applicant's eligibility (to use the "de minimis" rate) and its election. If the applicant elects the "de minimis" method, costs must be consistently charged as either indirect or direct costs, but may not be double charged or inconsistently charged as both. In addition, if this method is chosen then it must be used consistently for all federal awards until such time as you choose to negotiate a federally approved indirect cost rate.3 6. Tribal Authorizing Resolution (if applicable) Tribes, tribal organizations, or third parties proposing to provide direct services or assistance to residents on tribal lands should include in their applications a resolution, a letter, affidavit, or other documentation, as appropriate, that certifies that the applicant has the legal authority from the tribe(s) to implement the proposed project on tribal lands. In those instances when an organization or consortium of tribes applies for a grant on behalf of a tribe or multiple specific tribes, the application should include appropriate legal documentation, as described above, from all tribes that would receive services or assistance under the grant. A consortium of tribes for which existing consortium bylaws allow action without support from all tribes in the consortium (i.e., without an authorizing resolution or comparable legal documentation from each tribal governing body) may submit, instead, a copy of its consortium bylaws with the application. Applicants unable to submit an application that includes a fully -executed (i.e., signed) copy of appropriate legal documentation, as described above, consistent with the applicable tribe's governance structure, should, at a minimum, submit an unsigned, draft version of such legal documentation as part of its application (except for cases in which, with respect to a tribal consortium applicant, consortium bylaws allow action without the support of all consortium member tribes). If selected for funding, BJA will make use of and access to funds contingent on receipt of the fully -executed legal documentation. 7. Applicant Disclosure of High Risk Status Applicants that are currently designated high risk by another federal grant making agency must disclose that status. This includes any status requiring additional oversight by the federal agency due to past programmatic or financial concerns. If an applicant is designated 3 See 2 C.F.R. § 200.414(f). M BJA-2016-9020 822 high risk by another federal grant making agency, the applicant must email the following information to OJPComplianceReporting(ic.usdoj.gov at the time of application submission: • The federal agency that currently designated the applicant as high risk • Date the applicant was designated high risk • The high risk point of contact name, phone number, and email address, from that federal agency • Reasons for the high risk status OJP seeks this information to ensure appropriate federal oversight of any grant award. Disclosing this high risk information does not disqualify any organization from receiving an OJP award. However, additional grant oversight may be included, if necessary, in award documentation. 8. Additional Attachments a. Review Narrative Applicants must submit information documenting that the date the JAG application was made available for review by the governing body of the state, or to an organization designated by that governing body, was not less than 30 days before the application was submitted to BJA. If the 30 governing body requirement cannot be met before the application deadline, a withholding special condition will be placed on the award until the governing body requirement can be met. The attachment must also specify that an opportunity to comment was provided to citizens prior to application submission to the extent applicable law or established procedures make such opportunity available. Below are notification language templates that can be utilized in completing this section of the application. The (provide name of State/Territory) made its Fiscal Year 2015 JAG application available to the (provide name of governing body) for its review and comment on (provide date); or intends to do so on (provide date). The (provide name of State/Territory) made its Fiscal Year 2015 JAG application available to citizens for comment prior to application submission by (provide means of notification); or the application has not yet been made available for public review/comment. b. Memorandum of Understanding (if applicable) Jurisdictions certified as disparate must identify a fiscal agent that will submit a joint application for the aggregate eligible allocation to all disparate municipalities. The joint application must determine and specify the award distribution to each unit of local government and the purposes for which the funds will be used. When beginning the JAG application process, a Memorandum of Understanding (MOU) that identifies which jurisdiction will serve as the applicant/fiscal agent for joint funds must be completed and signed by the Authorized Representative for each participating jurisdiction. The signed MOU must be attached to the application. For a sample MOU, go to www.bia.gov/Funding/JAGMOU.pd. 19 BJA-2016-9020 823 c. Applicant Disclosure of Pending Applications Applicants are to disclose whether they have pending applications for federally funded grants or subgrants (including cooperative agreements) that include requests for funding to support the same project being proposed under this solicitation and will cover the identical cost items outlined in the budget narrative and worksheet in the application under this solicitation. The disclosure should include both direct applications for federal funding (e.g., applications to federal agencies) and indirect applications for such funding (e.g., applications to state agencies that will subaward federal funds). OJP seeks this information to help avoid any inappropriate duplication of funding. Leveraging multiple funding sources in a complementary manner to implement comprehensive programs or projects is encouraged and is not seen as inappropriate duplication. Applicants that have pending applications as described above are to provide the following information about pending applications submitted within the last 12 months: The federal or state funding agency The solicitation name/project name The point of contact information at the applicable funding agency Federal or Solicitation Name/Phone/Email for Point of Contact at Funding State Funding Name/Project Name Agency Agency ti DOJ/COPS I COPS Hiring Program HHS/ Drug Free Substance Communities Abuse & Mentoring Program/ Mental Health North County Youth Services Mentoring Program F-Are 1117 HIMIETTOW N .gov John Doe, 202/000-0000; john.doe@hhs.gov Applicants should include the table as a separate attachment to their application. The file should be named "Disclosure of Pending Applications." Applicants that do not have pending applications as described above are to include a statement to this effect in the separate attachment page (e.g., "[Applicant Name on SF- 424] does not have pending applications submitted within the last 12 months for federally funded grants or subgrants (including cooperative agreements) that include requests for funding to support the same project being proposed under this solicitation and will cover the identical cost items outlined in the budget narrative and worksheet in the application under this solicitation."). d. Research and Evaluation Independence and Integrity 20 BJA-2016-9020 If a proposal involves research and/or evaluation, regardless of the proposal's other merits, in order to receive funds, the applicant must demonstrate research/evaluation independence, including appropriate safeguards to ensure research/evaluation objectivity and integrity, both in this proposal and as it may relate to the applicant's other current or prior related projects. This documentation may be included as an attachment to the application which addresses BOTH i. and ii. below. I For purposes of this solicitation, applicants must document research and evaluation independence and integrity by including, at a minimum, one of the following two items: a. A specific assurance that the applicant has reviewed its proposal to identify any research integrity issues (including all principal investigators and subrecipients) and it has concluded that the design, conduct, or reporting of research and evaluation funded by BJA grants, cooperative agreements, or contracts will not be biased by any personal or financial conflict of interest on the part of part of its staff, consultants, and/or subrecipients responsible for the research and evaluation or on the part of the applicant organization; DON b. A specific listing of actual or perceived conflicts of interest that the applicant has identified in relation to this proposal. These conflicts could be either personal (related to specific staff, consultants, and/or subrecipients) or organizational (related to the applicant or any subgrantee organization). Examples of potential investigator (or other personal) conflict situations may include, but are not limited to, those in which an investigator would be in a position to evaluate a spouse's work product (actual conflict), or an investigator would be in a position to evaluate the work of a former or current colleague (potential apparent conflict). With regard to potential organizational conflicts of interest, as one example, generally an organization could not be given a grant to evaluate a project if that organization had itself provided substantial prior technical assistance to that specific project or a location implementing the project (whether funded by OJP or other sources), as the organization in such an instance would appear to be evaluating the effectiveness of its own prior work. The key is whether a reasonable person understanding all of the facts would be able to have confidence that the results of any research or evaluation project are objective and reliable. Any outside personal or financial interest that casts doubt on that objectivity and reliability of an evaluation or research product is a problem and must be disclosed. In addition, for purposes of this solicitation applicants must address the issue of possible mitigation of research integrity concerns by including, at a minimum, one of the following two items: a. If an applicant reasonably believes that no potential personal or organizational conflicts of interest exist, then the applicant should provide a brief narrative explanation of how and why it reached that conclusion. Applicants MUST also include an explanation of the specific processes and 21 10MV411 We Iwo] 825 procedures that the applicant will put in place to identify and eliminate (or, at the very least, mitigate) potential personal or financial conflicts of interest on the part of its staff, consultants, and/or subrecipients for this particular project, should that be necessary during the grant period. Documentation that may be helpful in this regard could include organizational codes of ethics/conduct or policies regarding organizational, personal, and financial conflicts of interest. M b. If the applicant has identified specific personal or organizational conflicts of interest in its proposal during this review, the applicant must propose a specific and robust mitigation plan to address conflicts noted above. At a minimum, the plan must include specific processes and procedures that the applicant will put in place to eliminate (or, at the very least, mitigate) potential personal or financial conflicts of interest on the part of its staff, consultants, and/or subrecipients for this particular project, should that be necessary during the grant period. Documentation that may be helpful in this regard could include organizational codes of ethics/conduct or policies regarding organizational, personal, and financial conflicts of interest. There is no guarantee that the plan, if any, will be accepted as proposed. Considerations in assessing research and evaluation independence and integrity will include, but are not limited to, the adequacy of the applicant's efforts to identify factors that could affect the objectivity or integrity of the proposed staff and/or the organization in carrying out the research, development, or evaluation activity; and the adequacy of the applicant's existing or proposed remedies to control any such factors. 9. Financial Management and System of Internal Controls Questionnaire In accordance with the Part 200 Uniform Requirements as set out at 2 C.F.R. 200.205, federal agencies must have in place a framework for evaluating the risks posed by applicants before they receive a federal award. To facilitate part of this risk evaluation, all applicants (other than an individual) are to download, complete, and submit this form. 10. Disclosure of Lobbying Activities Any applicant that expends any funds for lobbying activities is to provide the detailed information requested on the form, Disclosure of Lobbying Activities (SF-LLL). How to Apply Applicants must submit applications through the Grants Management System (GMS), which provides support for the application, award, and management of awards at OJP. Applicants must register in GMS for each specific funding opportunity. Although the registration and submission deadlines are the same, OJP urges applicants to register immediately, especially if this is their first time using the system. Find complete instructions on how to register and submit an application in GMS at www.oip.gov/. mq scbt/. Applicants that experience technical difficulties during this process should email GMS.HeIpDeskCa)_usdoi.gov or call 888-549-9901 (option 3), Monday —Friday from 6:00 a.m. to midnight, Eastern Time, except federal holidays. OJP recommends that applicants register promptly to prevent delays in submitting an application package by the deadline. 22 BJA-2016-9020 Note on File Types: GMS does not accept executable file types as application attachments. These disallowed file types include, but are not limited to, the following extensions: ".com," ".bat," ".exe," ".vbs," ".cfg," ".dat," "Ab," ".dbf," "All," ".ini," ".log," ".ora," ".sys," and ".zip." OJP may not make a federal award to an applicant organization until the applicant organization has complied with all applicable DUNS and SAM requirements. Individual applicants must comply with all Grants.gov requirements. If an applicant has not fully complied with the requirements by the time the federal awarding agency is ready to make a federal award, the federal awarding agency may determine that the applicant is not qualified to receive a federal award and use that determination as a basis for making a federal award to another applicant. All applicants should complete the following steps: 1. Acquire a Data Universal Numbering System (DUNS) number. In general, the Office of Management and Budget (OMB) requires that all applicants (other than individuals) for federal funds include a DUNS number in their application for a new award or a supplement to an existing award. A DUNS number is a unique nine -digit sequence recognized as the universal standard for identifying and differentiating entities receiving Federal funds. The identifier is used for tracking purposes and to validate address and point of contact information for federal assistance applicants, recipients, and subrecipients. The DUNS number will be used throughout the grant life cycle. Obtaining a DUNS number is a free, one-time activity. Call Dun and Bradstreet at 866-705-5711 to obtain a DUNS number or apply online at www.dnb.com. A DUNS number is usually received within 1-2 business days. 2. Acquire registration with the System for Award Management (SAM). SAM is the repository for standard information about federal financial assistance applicants, recipients, and subrecipients. OJP requires that all applicants (other than individuals) for federal financial assistance maintain current registrations in the SAM database. Applicants must update or renew their SAM registration annually to maintain an active status. SAM registration and renewal can take as long as 10 business days to complete. Information about SAM registration procedures can be accessed at www.sam.gov. 3. Acquire a GMS username and password. New users must create a GMS profile by selecting the "First Time User" link under the sign -in box of the GMS home page. For more information on how to register in GMS, go to www.oip.gov/qmscbt. 4. Verify the SAM (formerly CCR) registration in GMS. OJP requests that all applicants verify their SAM registration in GMS. Once logged into GMS, click the "CCR Claim" link on the left side of the default screen. Click the submit button to verify the SAM (formerly CCR) registration. 5. Search for the funding opportunity on GMS. After logging into GMS or completing the GMS profile for username and password, go to the "Funding Opportunities" link on the left side of the page. Select BJA and the FY 16 Edward Byrne Memorial Local Justice Assistance Grant (JAG) Program. 6. Register by selecting the "Apply Online" button associated with the funding opportunity title. The search results from step 5 will display the funding opportunity title 23 BJA-2016-9020 827 along with the registration and application deadlines for this funding opportunity. Select the "Apply Online" button in the "Action" column to register for this funding opportunity and create an application in the system. 7. Follow the directions in GMS to submit an application consistent with this solicitation. Once submitted, GMS will display a confirmation screen stating the submission was successful. Important: In some instances, applicants must wait for GMS approval before submitting an application. OJP urges applicants to submit the application at least 72 hours prior to the application due date. Note: Duplicate Applications If an applicant submits multiple versions of the same application, BJA will review only the most recent system -validated version submitted. See Note on "File Names and File Types" under How to Apply. Experiencing Unforeseen GMS Technical Issues Applicants that experience unforeseen GMS technical issues beyond their control that prevent them from submitting their application by the deadline must contact the GMS Help Desk or the SAM Help Desk (Federal Service Desk) to report the technical issue and receive a tracking number. Then the applicant must email the BJA contact identified in the Contact Information section on page 2 within 24 hours after the application deadline and request approval to submit their application. The email must describe the technical difficulties and include a timeline of the applicant's submission efforts, the complete grant application, the applicant's DUNS number, and any GMS Help Desk or SAM tracking number(s). Note: BJA does not approve requests automatically. After the program office reviews the submission, and contacts the GMS Help Desk to validate the reported technical issues, OJP will inform the applicant whether the request to submit a late application has been approved or denied. If OJP determines that the applicant failed to follow all required procedures, which resulted in an untimely application submission, OJP will deny the applicant's request to submit their application. The following conditions are generally insufficient to justify late submissions: • Failure to register in SAM or GMS in sufficient time (SAM registration and renewal can take as long as 10 business days to complete) • Failure to follow GMS instructions on how to register and apply as posted on the GMS website • Failure to follow each instruction in the OJP solicitation • Technical issues with the applicant's computer or information technology environment, including firewalls, browser incompatibility, etc. Notifications regarding known technical problems with GMS, if any, are posted at the top of the OJP funding web page at http://o*p.gov/funding/index.htm. E. Application Review Information Review Process OJP is committed to ensuring a fair and open process for awarding grants. BJA reviews the application to make sure that the information presented is reasonable, understandable, 24 BJA-2016-9020 measurable, and achievable, as well as consistent with the solicitation. BJA will also review applications to ensure statutory requirements have been met. OJP reviews applications for potential awards to evaluate the risks posed by applicants before they receive an award. This review may include but is not limited to the following: 1. Financial stability and fiscal integrity 2. Quality of management systems and ability to meet the management standards prescribed in the Financial Guide 3. History of performance 4. Reports and findings from audits 5. The applicant's ability to effectively implement statutory, regulatory, or other requirements imposed on award recipients Absent explicit statutory authorization or written delegation of authority to the contrary, the Assistant Attorney General will make all final award decisions. F. Federal Award Administration Information Federal Award Notices OJP sends award notification by email through GMS to the individuals listed in the application as the point of contact and the authorizing official. The email notification includes detailed instructions on how to access and view the award documents, and how to accept the award in GMS. GMS automatically issues the notifications at 9:00 p.m. eastern time on the award date (by September 30, 2016). Recipients will be required to login; accept any outstanding assurances and certifications on the award; designate a financial point of contact; and review, sign, and accept the award. The award acceptance process involves physical signature of the award document by the authorized representative and the scanning of the fully -executed award document to OJP. Administrative, National Policy, and other Legal Requirements If selected for funding, in addition to implementing the funded project consistent with the agency -approved project proposal and budget, the recipient must comply with award terms and conditions, and other legal requirements, including but not limited to OMB, DOJ, or other federal regulations which will be included in the award, incorporated into the award by reference, or are otherwise applicable to the award. OJP strongly encourages prospective applicants to review the information pertaining to these requirements prior to submitting an application. To assist applicants and recipients in accessing and reviewing this information, OJP has placed pertinent information on its Solicitation Requirements page of OJP's Funding Resource Center website. Please note in particular the following two forms, which applicants must accept in GMS prior to the receipt of any award funds, as each details legal requirements with which applicants must provide specific assurances and certifications of compliance. Applicants may view these forms in the Apply section of OJP's Fundinq Resource Center and are strongly encouraged to review and consider them carefully prior to making an application for OJP grant funds. • Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters: and Drug -Free Workplace Requirements 25 131-.1MIX61B11Y•T %Olce • Standard Assurances Upon grant approval, OJP electronically transmits (via GMS) the award document to the prospective award recipient. In addition to other award information, the award document contains award terms and conditions that specify national policy requirements4 with which recipients of federal funding must comply; uniform administrative requirements, cost principles, and audit requirements; and program -specific terms and conditions required based on applicable program (statutory) authority or requirements set forth in OJP solicitations and program announcements, and other requirements which may be attached to appropriated funding. For example, certain efforts may call for special requirements, terms, or conditions relating to intellectual property, data/information-sharing or -access, or information security; or audit requirements, expenditures and milestones; or publications and/or press releases. OJP also may place additional terms and conditions on an award based on its risk assessment of the applicant, or for other reasons it determines necessary to fulfill the goals and objectives of the program. Prospective applicants may access and review the text of mandatory conditions OJP includes in all OJP awards, as well as the text of certain other conditions, such as administrative conditions, via OJP's Mandatory Award Terms and Conditions page of OJP's Funding Resource Center. General Information about Post -Federal Award Reporting Requirements Recipients must submit quarterly financial reports, semi-annual progress reports, final financial and progress reports, an annual audit report in accordance with the Part 200 Uniform Requirements, if applicable, and Federal Funding Accountability and Transparency Act (FFATA) reports through the FFATA Sub -award Reporting System (FSRS) as necessary. Future awards and fund drawdowns may be withheld if reports are delinquent. Special Reporting requirements may be required by OJP depending on the statutory, legislative or administrative requirements of the recipient or the program. G. Federal Awarding Agency Contact(s) For Federal Awarding Agency Contact(s), see title page. For contact information for GMS, see title page. H. Other Information Provide Feedback to OJP To assist OJP in improving its application and award processes, we encourage applicants to provide feedback on this solicitation, the application submission process, and/or the application review process. Provide feedback to OJPSolicitationFeedbackr'a.usdoi.gov. 4 See generally 2 C.F.R. 200.300 (provides a general description of national policy requirements typically applicable to recipients of federal awards, including the Federal Funding Accountability and Transparency Act of 2006 [FFATA]). 26 1 IMPORTANT: This email is for feedback and suggestions only. Replies are not sent from this mailbox. If you have specific questions on any program or technical aspect of the solicitation, you must directly contact the appropriate number or email listed on the front of this solicitation document. These contacts are provided to help ensure that you can directly reach an individual who can address your specific questions in a timely manner. If you are interested in being a reviewer for other OJP grant applications, please email your resume to oippeerreview(o).lmsolas.com. The OJP Solicitation Feedback email account will not forward your resume. Note: Neither you nor anyone else from your organization can be a peer reviewer in a competition in which you or your organization have submitted an application. 27 BJA-2016-9020 831 Application Checklist Edward Byrne Memorial Justice Assistance Grant (JAG) Program: FY 2016 Local Solicitation This application checklist has been created to assist in developing an application. What an Applicant Should Do: Prior to Registering in GMS: Acquire a DUNS Number (see page 23) Acquire or renew registration with SAM (see page 23) To Register with GMS: For new users, acquire a GMS username and password* (see page 23) For existing users, check GMS username and password* to ensure account access (see page 23) Verify SAM registration in GMS (see page 23) Search for correct funding opportunity in GMS (see page 23) Select correct funding opportunity in GMS (see page 23) Register by selecting the "Apply Online" button associated with the funding opportunity title (see page 23) Read OJP policy and guidance on conference approval, planning, and reporting available at Post Award Requirements (see page 11) If experiencing technical difficulties in GMS, contact the NCJRS Response Center (see page 24) *Password Reset Notice — GMS users are reminded that while password reset capabilities exist, this function is only associated with points of contacts designated within GMS at the time the account was established. Neither OJP nor the GMS Help Desk will initiate a password reset unless requested by the authorized official or a designated point of contact associated with an award or application. General Requirements: Review Solicitation Requirements web page in the OJP Funding Resource Center. Scope Requirement: The federal amount requested is within the allowable limit(s) of the FY 2016 JAG Allocations List as listed on BJA's JAG web page Eligibility Requirement: State/Territory listed as the legal name on the application corresponds with the eligible State/Territory listed on BJA's JAG web page m BJA-2016-9020 832 What an Application Should Include: Application for Federal Assistance (SF-424) (see page 15) Intergovernmental Review (see page 15) Project Abstract (see page 15) Program Narrative (see page 16) Budget (see page 17) Budget Narrative (see page 17) Indirect Cost Rate Agreement (if applicable) (see page 18) Tribal Authorizing Resolution (if applicable) (see page 18) Applicant Disclosure of High Risk Status (If applicable see page 18) Additional Attachments (see page 19) Review Narrative (see page 19) Applicant Disclosure of Pending Applications (see page 20) Research and Evaluation Independence and Integrity (see page 20) Disclosure of Lobbying Activities (SF-LLL) (if applicable) (see page 22) Financial Management and System of Internal Controls Questionnaire (see page 22) we BJA-2016-9020 833 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016 221 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: County Cou 6/30/2016 7/12/2016 Introduction Division Head: Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Appointment Ed Bosscher to Nooksack/Sumas/Everson Subzone ATTACHMENTS: Advisory Committee Description, Vacancy List, Application SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) 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.) Appointment to a vacancy on the Sumas/Everson/Nooksack Flood Control Subzone Advisory Committee. Four year term ending 1/31/2020. Duties of the Advisory Committee include being an integral part of the program reviewing the comprehensive plan for flood control; discussing and recommending budget appropriation; and being the liaison with the public by holding public meetings. 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. CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C. COUNTY COURTHOUSE 311 Grand Avenue, Suite #105 Bellingham, WA 98225-4038 (360) 778-5010 WHATCOM COUNTY COUNCIL COUNCILMEMBERS Barbara Brenner Satpal Sidhu Barry Buchanan Rud Browne Todd Donovan Ken Mann Carl Weimer FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS -APPOINTED BOARDS AND COMMISSION VACANCIES The Whatcom County Council acting as the Flood Control Zone District Board of Supervisors makes appointments. All members must live in and be registered to vote in Whatcom County and, if applicable, meet the residency, employment, and/or affiliation requirements of the position. Applicants may apply online at www.co.whatcom.wa.us/boardsapplication. Applications are also available in the County Council Office, Whatcom County Courthouse, 311 Grand Ave., Suite 105, Bellingham, on the County website at: (http://www.co.whatcom.wa.us/boards/boardsapplication.pdf), or by phone at 360-778-5010. The Board of Supervisors will make appointments at a regular County Council meeting in the County Council Chambers, 311 Grand Avenue, Bellingham. SUMAS/EVERSON/ NOOKSACK FLOOD CONTROL SUBZONE ADVISORY COMMITTEE- 1 Vacancy, 4-year term Applicants must live within the subzone boundary. The Committee is an integral part of the program reviewing the Comprehensive Plan for flood control, discusses and recommends budget appropriation, and is a liaison with the public at meetings. The Committee has special meetings throughout the year, as needed. 835 1 JACK LOUWS COUNCILMEMBERS: County Executive �GoQc, c-a' rbara E. Brenner rawford far uchanan Rud JUN 1 1 Pete Browne Kremen Ken Mann WHATCOM COUNTyCarl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARD dOMMISSIONS PLEASE PRINT LEGIBLY and COMPLETE ALL ITEMS Name: �- 0 (3,;� -e. 5C f{e-y?® Date: 2 0 - / 6 Street Address: l �C c%.� lC l� City (. �� =' Zip Code: 7 2- Y 7 Nailing Address (if different from street address): Day Telephone: 366 - 5�764 Evening Telephone: Cell Phone: 6 E-mail address: /ifo 7- /f- // t. C ,�f., 1. Name of board or committee -please see reverse: 2. You must specify which position you are applying for. Please refer to vacancy list. 3. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? (If applicable, please refer to vacancy list.) ._. _ .. _ , _ . ___ ( ('4 yes ( ) no 4. Which Council district do you live in? ) One ( ) Two ( ) Three 5. Are you a US citizen? �w... ---___ __ __.._.. __ .._,��_ _.. __ _ _-_-_._ _ .. (/A yes O no 6. Are you registered to vote in Whatcom County? (dyes ( ) no 7. Have you ever been a member of this Board/Commission?._ ((4yes ( ) no If yes, dates: 2 ova' - To lrz- 495—c- r ]- 8. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? yes (�q no If yes, please explain: You may attach a r6sum6 or detailed summary of experience, qualifications, & interest in response to the following questions. 9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education. 10. Please describe why you're interested in serving on this board or commission: C.. U AL/mil 0 /V- %Y f2 References (please include daytime telephone number): _ Signature of applica TAIS IS A PUBLIC DOCUMENT: As a candidate for a public board or commission, the above information will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. WHATCOM COUNTY COUNCIL AGENDA BILL NO. CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator: Z j E 7/12/16 Intro 7/26/16 Finance Division Head: Committee; JUL 0 5 2016Council Dept. Head: 99 �1 9 1 HAT COUNTY 1 Prosecutor: ® q 16 COUNCIL Purchasing/Budget: Z Executive: ' TITLE OF DOCU . 2016 Supplemental Budget Request #12 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: 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.) Supplemental #12 requests funding from the General Fund. 1. To appropriate $15,646 in the Sheriffs Office to fund ballistic helmets from grant proceeds. 2. To appropriate $4,185 in the Sheriffs Office to fund SWAT equipment from vendor refund. 3. To appropriate $42,793 in the Sheriffs Office to fund the reinstatement of one patrol deputy. 4. To appropriate $123,508 in Non Departmental to fund Opportunity Council public services grant project. From the Real Estate Excise Tax I Fund. 5. To appropriate $3,871 in AS — Facilities to fund completion of the Sun House renovation project. COMMITTEE ACTION. COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 837 PROPOSED BY: Executive INTRODUCTION DATE: 7/12/16 ORDINANCE NO. AMENDMENT NO. 12 OF THE 2016 BUDGET WHEREAS, the 2015-2016 budget was adopted November 25, 2014; and, WHEREAS, changing circumstances require modifications to the approved 2015-2016 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 2015-2016 Whatcom County Budget Ordinance #2014-065 is hereby amended by adding the following additional amounts to the 2016 budget included therein: Fund Expenditures Revenues Net Effect General Fund Sheriff's Office 62,624 (19,831) 42,793 Non Departmental 123,508 (123,508) - Total General Fund 186,132 (143,339) 42,793 Real Estate Excise Tax I Fund 3,871 - 3,871 Total Supplemental 190,003 (143,339) 46,664 In addition, the Authorized Position listing in the 2015-2016 Budget Ordinance should be amended to provide for the following FTE change: • Add 1 FTE Deputy in the Sheriff's Office. ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: Civil Deputy Prosecutor , 2016. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Chair of the Council ( ) Approved ( ) Denied Jack Louws, County Executive Date: I:\BUDGET\SUPPLS\2016_Suppl\Supplementa1 #12-2016.docx 838 WHATCOM COUNTY Summary of the 2016 Supplemental Budget Ordinance No. 12 Department/Fund Description Increased (Decreased) Expenditure (Increased) Decreased Revenue Net Effect to Fund Balance (Increase) Decrease General Fund Sheriffs Office To fund ballistic helmets from grant proceeds. 15,646 (15,646) - Sheriffs Office To fund SWAT equipment from vendor refund. 4,185 (4,185) - Sheriffs Office To fund reinstatement of patrol deputy. 42,793 - 42,793 Non Departmental To fund Opportunity Council public services grant project. 123,508 (123,508) - Total General Fund 186,132 (143,339) 42,793 Real Estate Excise Tax I Fund To fund completion of Sun House renovation project. 3,871 3,871 Total Supplemental 190,003 (143,339) 46,664 i • 8 BILL EL O SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 Memorandum TO: Jack Louws, Cour FROM: Sheriff Bill Elfo DATE: June 27, 2016 JEFF PARK UNDERSHI:RIFF ART EDGE CHIF_F DEPUTY DOUG CHADWI K CHIEF DEPUTY STEVE COOLLY CHIFF INSPECTOR 'tn EN Y JONES CHIEF OF CORRECTIONS RECEIVED SUBJECT: Supplemental Budget ID #2160 City of Bellingham 2016 Justice Assistance Grant — Ballistic Helmets The attached Supplemental Budget requests budget authority to use Edward Byrne Memorial Justice Assistance Grant (JAG) funds from the City of Bellingham Edward Byrne Memorial Justice Assistance Grant (JAG) FY2016 to purchase replacement ballistic helmets for SWAT. Background and Purpose The continued trend of violent attacks on innocent citizens at schools and public venues around the country reaffirms that law enforcement personnel must be prepared and equipped to deal with armed suspects in order to effectively mitigate threats to the public. It is essential that all Whatcom County Sheriffs Office uniformed personnel have sufficient ballistic protective equipment to protect them from gunfire. Sheriffs Office SWAT uses specialized helmets that not only provide ballistic protection, but are modified to accommodate hearing protection and communications headgear. The new helmets provide that enhanced capability. The City of Bellingham has agreed to provide the County $15,646 from the Edward Byrne Memorial JAG FY2016 award to purchase ballistic helmets. Funding Amount and Source Funding of $15,646 will be provided by the City of Bellingham. Funds originate from the U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY2016, CFDA No. 16.738. Please contact Undersheriff Jeff Parks at extension 6610 if you have any questions. Thank you. Our Visi.on:8 ffice of Sheriff: Dedicated to .making Whatcom. Counter the Scrfest in the Stale through l xce.11ence inPz?hlic Safety. ........................ ..... Supplemental Budget Request Status: Pending Sheriff Operations s pp'i lid # 216o Fund 1 Cost Center 1003515006 Originator. Dawn Pierce Expenditure Type: One -Time Year 2 2016 Add'I FTE lu Add'I Space ❑ Priority 1 Name of Request: SO Grant COB 2016 JAG - Ballistic Helmets Depart e e Signature (Required on Hard Copy Submission) Date ------- ------- -- —- Costs: Object Object Description Amount Requested 4333.1673 Byrne JAG Grant ($15,646) 6320.001 Office & Op Supplies $15,646 Request Total $0 1a. Description of request. The Sheriffs Office will utilize grant funds to purchase and replace ballistic helmets that have exceeded the standard operational life. The helmets are NIJ certified and meet the current .06 Level IIIA standards of protection. The continued trend of violent attacks on innocent citizens at schools and public venues around the country reaffirms that law enforcement personnel must be prepared and equipped to deal with armed suspects in order to effectively mitigate threats to the public. It is essential that all Whatcom County Sheriffs Office uniformed personnel have sufficient ballistic protective equipment to protect them from gunfire. The Sheriffs Office is required to provide ballistic protective equipment to uniformed personnel who are subject to occupational hazards that include gunfire/balllistic threats and currently issues ballistic resistant vests and helmets to all deputy sheriffs. The SWAT helmets need to be replaced with specialized helmets that accommodate and integrate with hearing protection/communications gear which is necessary to carrying out their duties during critical missions. The Sheriffs Office will utilize allocated funds to upgrade current ballistic helments with specialized helments for SWAT team members. The current SWAT helments could be repurposed and issued to other members of the Sheriffs Office. 1b. Primary customers: Whatcom County Sheriff's Office SWAT team members 2. Problem to be solved: The Sheriff's Office requires budget authority to use grant funds to purchase ballistic protective equipment. 3a. Options /Advantages: The Sheriff's Office will use grant funds rather than local funds to purchase ballistic helmets. 3b. Cost savings: Cost savings of $15,646. 4a. Outcomes: SWAT members will receive specialized helments designed for their assignment and operational needs. 4b. Measures: 5a. Other Departments/Agencies: Monday, June 27, 2016 Rpt• Rpt Suppl Regular -O Supplemental Budget Request Status: Pending Sheriff Operations Supp'r IQ 9 2160 Fund 1 Cost Center 1003515006 Originator. Dawn Pierce The City of Bellingham will administer the grant and provide $15,646 to Whatcom County Sheriffs Office to purchase ballistic helmets. 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: $15,646 from City of Bellingham. Funds originate from U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG) Program Fiscal Year (FY) 2016, CFDA No. 16.738. Monday, June 27, 2016 EN Rpt: Rpt Suppl Regular Ws lp;qS= ILL, EL O SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 Memorandum TO: Jack Louws, County FROM: Sheriff Bill Elfo DATE: June 27, 2016 SUBJECT: Supplemental Budget ID #2163 SWAT Equipment and Supplies - 2016 f :F.c RI1c::E UNDF_RSHERIFF CHIEF DEPUTY CHIEF DEPUTY STEVE GOOLEf CH1EF INSPECTOR `i/ IMIDY JONES CHIEF OF CORRECTIONS JUN 2 7 2010 JACKLOUWS COUNTY EXECUTIVE The attached supplemental budget requests budget authority to use refunds from EO Tech to purchase new equipment and supplies for SWAT. Background and Purpose The Sheriff's Office received and deposited refunds from EO Tech totaling $4,185. Rifle sights purchased in prior years were refunded due to a settlement for defective products. The refunds were deposited as revenue (prior year refund of expenditures) and the Sheriffs Office requires expenditure authority to use these refunds to purchase new equipment and supplies for SWAT. Funding Amount and Source $4,185 refunded from EO Tech. Please contact Undersheriff Jeff Parks at extension 6610 if you have any questions. Thank you. Our Vision: 'rh.e Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through .Cxce.11ence in 1 3- Safety. Supplemental Budget Request Stars: Pending Sheriff Operations Supp'r ID 4 2163 Fund 1 Cost Center 2922 Originator. Dawn Pierce Expenditure Type: One -Time Year 2 2016 Add'I FTE ❑ Add'I Space O Priority 1 Name of Request: SWAT Equipment and Supplies - 2016 Depa t ead Signature (Required on Hard Copy Submission Date 1a. Description of request. The Sheriffs Office will use refunds from EO Tech to purchase new equipment and supplies needed for SWAT. 1b. Primary customers: Sheriff's Office 2. Problem to be solved: The Sheriff's Office received and deposited refunds from EOTech totaling $4,185. Rifle sights purchased in prior years were refunded due to a settlement for defective products. The Sheriffs Office requires budget authority to use these refunds to purchase new equipment and supplies. 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: EO Tech refunds totaling $4,185 deposited as revenue (prior year refund of expenditures) on Treasurer's Receipt No. 302317 dated 06/14/16. Monday, June 27, 2016 Rpt: Rpt Suppi Regular am Fri i x 1 .,r dkd1 ..'tee00Ni Y JM` PAiYRS a UNDERSHERIFF ILL ELFO DEPUTY (CHIEFSHERIFF dWd C K\DO G AHAIL PUBLIC SAFETY BUILDING, CHIEF OF 311 Grand Avenue Bellingham, WA 98225-4078 S _r EVE COOLLY (360) 676-6650 CHIEF INSPECTOR WEt D J .'1RlES CHIEF OF CORRECTIONS Memorandum TO: Jack Louws, County Executive FROM: Sheriff Bill Elf �L�� DATE: June 27, 2016 V- aw SUBJECT: Supplemental Budget ID #2164 ,.)1:1N 2 7 2016 Reinstate Patrol Deputy - 2016 JACKLOUWS COUNTY EXECUTIVE The attached supplemental budget requests budget authority to reinstate Sheriff's Office Patrol Deputy. Background and Purpose The Sheriff's Office has been operating under reduced staffing levels (three Deputy Sheriff positions) for 2015-2016. Two Deputy positions were reinstated in 2015 and the third has been recently authorized for second half of 2016. Funding Amount and Source General Fund. Please contact Undersheriff Jeff Parks at extension 6610 if you have any questions. Thank you. Our Vision: 'Fh.e Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in .84's Safely, Supplemental Budget Request Status: Pending Sheriff Operations �Estjp iD �t 296 ] Fund 1 Cost Center 2920 Originator. Jeff Parks /Dawn Pierce Expenditure Type: One -Time Year 2 2016 Name of Request. Reinstate Patrol Deputy 2016 X Costs: Add'I FTE ❑ Add'I Space ❑ Priority 1 Head Signature (Required on Hard Copy Submission) el Date Object _ Object Description �—Amount Requested _ 6110 Regular Salaries & Wages _ $21,856 6210 Retirement $1,086 6230 Social Security $1,588 6245 Medical Insurance $4,358 6255 Other H&W Benefits $826 6259 Worker's Comp-Interfund $1,179 6510 Tools & Equip $9,620 6869 Equip Rental-Interfund $2,280 Request Total $42, 793 1 a. Description of request: Reinstatement of Sheriffs Office Patrol Deputy with target hire date of September 1, 2016. Tools & Equipment needed for new hire: $3800 Mobile Data Terminal (MDT), $3685 Portable Radio, $890 Ballistic Vest, $300 Ballistic Helmet, and $945 for new hire gear provided in accordance with W.C. Deputy Sheriff's Collective Bargaining Agreement including two handcuff cases, a magazine pouch, two sets of handcuffs, one aerosol restraint case, four gun belt keepers, a duty weapon, and a holster. 1b. Primary customers: Citizens of Whatcom County 2. Problem to be solved: The Sheriffs Office has been under reduced staffing (three Deputy Sheriff positions) for the 2015-2016 Budget. Two Deputy positions were reinstated in 2015 and the third has been authorized for 2016 (this request). 3a. Options /Advantages: N/A 3b. Cost savings: 4a. Outcomes: The Sheriffs Office will be fully staffed with all previously authorized positions for full commissioned personnel of 86 upon hire. 4b. Measures: 5a. Other Departments/Agencies: Brings Sheriff's Office Full Commissioned allotment back to full strength (previous level). 5b. Name the person in charge of implementation and what they are responsible for. Tuesday, June 28, 2016 Rpt: Rpt Suppl Regular 846 Supplemental Budget Request Status: Pending Sheriff Operations st pp 110 # 2-r64� Fund 1 Cost Center 2920 Originator. Jeff Parks /Dawn Pierce 6. Funding Source: General Fund Tuesday, June 28, 2016 Rpt: Rpt Suppl Regular I-O WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 To: Whatcom From: Jack Lou% Subject: Budget Si4if Date: June 24, 201 I Members nity Council Grant Jack Lou s County Executive The attached supplemental request for $123,508 is for the purposes of establishing budget authority in order to pass -through an available grant from the Washington State Department of Commerce to the Opportunity Council. This grant was applied for and authorized by the County Council in March, and has been granted for the delivery of direct services by the Opportunity Council as the local community action agency. This grant is a HUD formula grant, issued annually, and passed through Dept. of Commerce for Community Development Block Grant Programs, for which Opportunity Council qualifies for this financial assistance. Whatcom County has been designated by the Dept. of Commerce as the grantee for the purpose of contracting with the Opportunity Council as a subrecipient for this grant award of $123,508. This funding is intended to support new or increased levels of service to low- and moderate -income level homeowners and residents in Whatcom, Island and San Juan Counties for a one year period. Whatcom County has executed a contract with the State Department of Commerce for this funding. Council's authorization for this supplemental request will result in the execution of a Subrecipient Agreement with the Opportunity Council to implement the designated services noted herein. 848 Office (360) 778-5200 FAX (360) 778-5201 TRS: 711 Supplemental Budget Request Status. Pending Executive Supp'l ID # 2162 Fund 1 Cost Center 4280 Originator: Suzanne Mildner Expenditure Type: One -Time Year 2 2016 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. OppCo Public Services CDBG grant 2016-17 1 X . Department Head Signature Costs: ': Object 4333.1422 6610 Request Total la. Description of request. uireon Had Copy Submission) Object Description HUD-CDBG Contractual Services (/V// Date Amount Requested ($123,508) $123,508 $0 This request is for grant revenue from the Washington State Department of Commerce, for pass through to the Opportunity Council as subrecipient. This is an annual formula grant called CDBG Public Services, for delivery of direct housing services to low- and moderate -income residents in Whatcom, Island and San Juan Counties 1b. Primary customers: Low- and moderate -income residents of Whatcom, Island and San Juan Counties 2. Problem to be solved. The public services provided include community outreach, resource referral, client housing education, energy conservation education and other housing services. 3a. Options /Advantages: N/A 3b. Cost savings: N/A 4a. Outcomes: Accomplish HUD's objective of increasing the availability and accessibility of housing public services. This is an annual formula grant and the contract period is July 1, 2016 to June 30, 2017. 4b. Measures: Opportunity Council will submit ongoing reports regarding service delivery and numbers of persons served. A final report will be issued at grant closeout. 5a. Other Departments/Agencies: Opportunity Council is our local action agency, and 3 community resource centers in San Juan County. 5b. Name the person in charge of implementation and what they are responsible for: Sheri Emerson, Associate Director of Opportunity Council, is responsible for overseeing the programming services which benefit from this grant. 6. Funding Source: Federal grant from HUD through the State Department of Commerce's CDBG Program Friday, June 24, 2016 Rpt: Rpt Suppl Regular Me Supplemental Budget Request status: Pending Administrative Services Facilities Management Supp't ID # 2165 Fund 326 Cost Center Originator: Michael Russell Expenditure Type: One -Time Year 1 2015 Add'I FTE Ll Add'I Space 0 Priority 1 Name of Request. Sun House Garage, Department Head Signature ( quired on Hard py Submission) Date Costs: Object 1. Object Description Amount Requested 7060 Repairs & Maintenance $3,871 Request Total la. Description of request: $3,871 AS -Facilities has managed the Sun House Renovation Project on behalf of Sun Community Services. The County owns the building. Renovations and repairs include replacing the boiler and water heater, rebuilding the front porch and repairing rot, replacing a panic door and doorframe, replacing cabinetry and flooring in the kitchen, replacing windows, gutters and downspouts, adding a drain, installing bathtub doors, replacing carpeting in all bedrooms and on the main floor, recaulking siding and trim, tuck pointing the brick chimney, painting siding and trim. In addition to $133,796 of REET funding already authorized in the 2015-2016 budget, this project is funded by two external donations. The two external donations are from the Bellingham Rotary ($105,794) and the Chuckanut Health Foundation ($13,400). Sun House is located at 515 Chestnut Street, Bellingham WA. This request is needed to demolish the existing garage and to build a new garage to be used for client storage. The old garage/storage was built over the property line and the foundation slab has upheaved to the point that it is neither safe nor useable, The cost for the demo and to build a new garage /storage building will be $50,500. The current funding available is $33,884 so an additional $16,616 is needed. Due to a calculation error in Supplemental 2016-2 (approved December 2015), there is $12,745 more budget authority available than there is funding (for a total of $46,629 available budget). Therefore this request is for $3,871 ($16,616 - $12,745) to bring the total available funding and budget authority to the $50,500 needed to construct the new garage/storage facility. The total cost of the Sun House renovation will be $269,606. 1b. Primary customers: Transitional housing for the chronically homeless mentally ill with local incarceration history. 2. Problem to be solved: The Sun House is a 100 year old building that has gone through a critical remodel to prolong its life and survivability and reduce the demands on the Jail. This additional funding will allow us to complete the project in whole and give this program a clean fresh start. 3a. Options /Advantages: To attempt to remodel the garage/storage building would be more costly, than demoilishing it and starting fresh. Also, the existing building is over the property line and the setback does not conform to code. 3b. Cost savings: The building as it stands now is unsafe and does not meet the need of the program. The construction of a new garage/storage building will meet the needs of the program and proved a safe area for their storage. 4a. Outcomes: We hope to see another 100 years of use from this program and the building. When the project is complete. Tuesday, June 28, 2016 Rpt: Rpt Suppl Regular i Supplemental Budget Request Status: Pending Administrative Services Facilities Management supp9ID # 2165 Fund 326 Cost Center Originator: Michael Russell 4b. Measures: When the project is complete. The completion of this project will provide the needed space for transitional housing for the chronically homeless mentally ill with local incarceration history. This garage/storage is an important and much needed storage area for the program. 5a. Other Departments/Agencies: This program is handled by our Whatcom County Health Department and the construction will be handled by Facilities Management. 5b. Name the person in charge of implementation and what they are responsible for: Michael Russell Facilities Management 6. Funding Source: REET 1 Tuesday, June 28, 2016 Rpt: Rpt Suppl Regular EOM WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016_-218 A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Citizens 7/6/2016 7/12/2016 Introduction Division Head: Dept. Head: r ( ' Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Ordinance ordering election for Columbia Valley Park and Recreation District ATTACHMENTS: Ordinance 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.) Ordinance ordering an election to determine the formation of the Columbia Valley Park and Recreation District 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. 852 PROPOSED BY: CITIZENS INTRODUCTION DATE: JULY 12, 2016 ORDINANCE NO. ORDERING AN ELECTION TO DETERMINE THE FORMATION OF THE COLUMBIA VALLEY PARK AND RECREATION DISTRICT WHEREAS, on June 22, 2016, a petition proposing the creation of a park and recreation district in the Columbia Valley was delivered to the County Council Office; and WHEREAS, the petition met the requirements of RCW 36.69.020; and WHEREAS, on June 28, 2016, the County Council approved Resolution 2016-023, officially receiving the petition into the record and scheduling a public hearing on the proposal; and WHEREAS, the County Council held a public hearing on the petition on July 26, 2016, as required by RCW 36.69; and WHEREAS, the next step in the park and recreation district formation process requires the Council to establish the boundaries of the proposed park and recreation district, establish its name, and call for an election of the property owners residing within the proposed district boundaries to determine whether the district shall be formed. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the proposed district shall be known as the Columbia Valley Park and Recreation District. BE IT FURTHER ORDAINED that the boundaries of the proposed, as submitted by the petitioners, shall be as outlined in Exhibit A to this ordinance. BE IT FINALLY ORDAINED that the Recreation District is hereby forwarded to the General Election ballot. ADOPTED this day of ATTEST: Dana Brown -Davis Clerk of the Council APPROVED AS TO FORM: Karen Frakes Civil Deputy Prosecutor proposal to form the Columbia Valley Park and County Auditor for inclusion on the November 2016. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan Council Chair ( ) Approved ( ) Denied Jack Louws County Executive 853 EXHIBIT A (ORDINANCE FORWARDING PROPOSED COLUMBIA VALLEY PARK DISTRICT PROPOSAL TO AUDITOR) PROPOSED DISTRICT BOUNDARIES: The point of beginning to be the NW CORNER or the NW QUARTER of the SE QUARTER of SECTION 9, T40N, R5E, thence EAST 10,560 feet to the NE CORNER of the NE QUARTER of the SW QUARTER of SECTION 11, T40N, R5E, thence SOUTH 15,840 feet to the SE CORNER of the SE QUARTER of the NW QUARTER of SECTION 35, T40N, R5E, thence WEST 10,560 feet to the SW CORNER of the SW QUARTER of the NE QUARTER of SECTION 33, T40N, R5E, thence NORTH 15,840 feet to the beginning point. Excluding all rural forestry and commercial forestry as now or hereafter established.